| 25A909 |
William Hudson v. Delaware |
Delaware |
2026-02-12 |
Application |
|
criminal-procedure habeas-corpus judicial-review postconviction-relief pro-se-litigant state-court-review |
Question not identified. |
| 25-6791 |
David Sano-Perez, aka David Sanot Perez v. United States |
First Circuit |
2026-02-11 |
Pending |
IFP |
appellate-review criminal-procedure federal-rules harmless-error rule-60b sentencing-guidelines |
Whether a District Court's mere pronouncement at a criminal sentencing that it would have imposed the same sentence on a defendant without regard to t… |
| 25-6789 |
Richard Brundige v. United States |
Second Circuit |
2026-02-11 |
Pending |
IFP |
circuit-split constitutional-law criminal-procedure gun-rights second-amendment statutory-interpretation |
Whether 18 U.S.C. § 922(g)(1) violates the Second Amendment, either on its face or as applied. |
| 25-6773 |
Devern Clemons, III v. Florida |
Florida |
2026-02-10 |
Pending |
IFP |
constitutional-rights criminal-procedure fourteenth-amendment jury-trial serious-felony sixth-amendment |
Whether Petitioner was derived of his right, under the Sixth and Fourteenth Amendments, to a trial by a 12-person jury when the defendant is charged w… |
| 25-6765 |
Willie M. Hardy, Jr. v. United States |
Fourth Circuit |
2026-02-10 |
Pending |
IFP |
body-worn-camera credibility-inference criminal-procedure due-process ineffective-assistance miranda-warning |
1. Whether a police officer's intentional and purposeful decision to keep the
audio turned off on his body-worn camera constitutes an inference again… |
| 25-6764 |
Jerry Lee Flores v. Texas |
Texas |
2026-02-10 |
Pending |
IFP |
criminal-procedure due-process jury-verdict misdemeanor-enhancement prior-conviction state-court |
"WHETHER PETITIONER HAD RECEIVED
"WHETHER THE STATE CAN REPLACE A JURY VERDICT WITHOUT HAVING ANOTHER JURY TRIAL?"
"WHETHER THE PETITIONER WAS DENI… |
| 25-6756 |
Jacklin Cheramy v. United States |
Eleventh Circuit |
2026-02-09 |
Pending |
IFP |
criminal-procedure federal-statute predicate-offense recidivist-enhancement sentencing-guidelines state-conviction |
Whether, consistent with federal statute mandating the application of the United States Sentencing Guidelines in effect at the time of sentencing, a s… |
| 25-6742 |
Gezo Goeong Edwards v. United States |
District of Columbia |
2026-02-06 |
Pending |
IFP |
controlled-substance criminal-procedure due-process indictment-defect ineffective-assistance mens-rea |
1. Whether an indictment charging conspiracy to distribute a controlled substance under 21 USCS 846 and 841(a) fails to state an offense where it plac… |
| 25-6740 |
David Leslie Culverhouse v. Texas |
Texas |
2026-02-06 |
Pending |
IFP |
constitutional-rights criminal-procedure due-process prosecutorial-discretion sixth-amendment venue-change |
Question not identified. |
| 25-6741 |
Kimberly Cannon v. Florida |
Florida |
2026-02-06 |
Pending |
Response WaivedIFP |
constitutional-rights criminal-procedure evidence-admissibility probation-violation search-and-seizure warrantless-search |
I. DOES EVIDENCE OBTAINED DURING A WARRANTLESS
SEARCH USED IN A PROBATION VIOLATION REVOCATION
PROCEEDING AND ALSO AS A BASIS FOR NEW LAW
VIOLATION… |
| 25-6752 |
Jerome Moore v. Texas |
Texas |
2026-02-06 |
Pending |
IFP |
criminal-procedure digital-privacy electronic-device fourth-amendment probable-cause search-warrant |
Does a search warrant need to allege specific facts about a defendant's electronic device and his use of that device--and not merely allege facts abou… |
| 25-936 |
Nadarius Barnes v. United States |
Tenth Circuit |
2026-02-06 |
Pending |
|
appeal-waiver circuit-split criminal-procedure guilty-plea legal-challenge unconditional-plea |
Whether, by entering a guilty plea, a defendant waives his right to appeal his conviction on the basis that the conduct admitted does not constitute t… |
| 25-6731 |
Keith Lashon Bell v. United States |
Fourth Circuit |
2026-02-05 |
Pending |
IFP |
appellate-waiver consideration contract-law criminal-procedure judicial-interpretation plea-agreement |
Whether general contract principles, such as the requirement of consideration, and negotiated exclusive remedies, apply to the enforcement of appellat… |
| 25-6720 |
Demarred Ewing v. Illinois |
Illinois |
2026-02-04 |
Pending |
IFP |
constitutional-rights criminal-procedure defense-counsel evidence-investigation ineffective-assistance sentencing-mitigation |
Whether DeMarco Curae WS Sind Wis Ce\at do the 2 Vecthwe assistace oF Counscl ushice Wis Counsel Dale doa adequately coves Ani Siete's visto euidince … |
| 25-6701 |
Eskender Getachew v. United States |
Sixth Circuit |
2026-02-03 |
Pending |
Response WaivedIFP |
circuit-split criminal-procedure defendant-presence jury-verdict sixth-amendment trial-court-duty |
Both the Constitution (through the Fifth and Sixth Amendments) and the Federal Rules of Criminal Procedure (Rule 43) provide that a defendant "must be… |
| 25-6699 |
Martin Gutierrez-Barba v. United States |
Ninth Circuit |
2026-02-03 |
Pending |
Response WaivedIFP |
3553(a)-factors appellate-review criminal-procedure judicial-discretion procedural-error sentencing |
Is urging a sentence recommendation lower than is ultimately imposed and grounding that recommendation in the 18 U.S.C. § 3553(a) factors, sufficient … |
| 25-905 |
Andrew J. Johnston v. United States |
Seventh Circuit |
2026-02-02 |
Pending |
Response RequestedResponse Waived |
appellate-review criminal-procedure final-sentence motion-denial sentence-reduction sentencing-factors |
1. Whether an appeal from an order partially denying a Federal Rule of Criminal Procedure 35(b) motion for sentence reduction is an appeal from "an ot… |
| 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. |
| 25-6665 |
Tra'ven Boyer-Letlow v. United States |
Sixth Circuit |
2026-01-29 |
Pending |
Response WaivedIFP |
arrest-seizure constitutional-violations criminal-procedure due-process miranda-rights probable-cause |
1. Given the absence of probable cause to arrest here, and/or the right to seize, and/or the right to shackle here (and detain and the like, as was do… |
| 25-6662 |
Pierre Burns v. United States |
Sixth Circuit |
2026-01-29 |
Pending |
Response WaivedIFP |
constitutional-rights criminal-procedure defense-of-mistake first-amendment sixth-amendment statutory-interpretation |
1. Whether the District Court's prohibition against presenting a defense of mistake of age in a case arising under 18 U.S.C. § 225l(a) created a viola… |
| 25-6667 |
Alexis D. Negrón-Cruz v. United States |
First Circuit |
2026-01-29 |
Pending |
Response WaivedIFP |
criminal-procedure due-process ex-parte-communication fifth-amendment neutral-arbiter probation-revocation |
Does a district court violate the Fifth Amendment's neutral-and-detached-arbiter requirement, as recognized in Morrissey, when it engages in ex parte … |
| 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… |
| 25-884 |
Dontae Terrell Moore v. Texas |
Texas |
2026-01-23 |
Pending |
Response RequestedResponse Waived |
criminal-procedure false-testimony habeas-corpus materiality-standard prosecutorial-misconduct texas-criminal-appeals |
Whether the Court should grant certiorari, vacate the TCCA's judgment, and remand to apply the correct "materiality" standard for false and misleading… |
| 25-6659 |
Anthony Allen v. Debra B. Walker, Justice, Appellate Court of Illinois, First District, et al. |
Illinois |
2026-01-23 |
Pending |
IFP |
appellate-jurisdiction criminal-procedure final-order mandamus-statute nolle-prosequi summary-dismissal |
I. Whether the Appellate Court Did Have Jurisdiction to Consider Notice of Appeal, When the Circuit Court Did Not Follow the Mandamus Statute For Summ… |
| 25-6663 |
Richard Kirkland Johnson v. United States |
Fourth Circuit |
2026-01-23 |
Pending |
Response WaivedIFP |
constructive-possession criminal-law criminal-procedure firearm-possession knowledge-inference temporary-occupancy |
Whether the mere presence of a firearm s in a bag on a shelf in a residence is sufficient to presume a defendant's knowledge and constructive possessi… |
| 25-871 |
Glenn Allen Brooks v. United States |
District of Columbia |
2026-01-22 |
Pending |
Response Waived |
appellate-rights burdick-precedent criminal-procedure due-process fifth-amendment presidential-pardon |
1. Whether a Presidential pardon automatically moots a pending appeal when the defendant has clearly expressed his intent to reject or refuse the pard… |
| 25-6654 |
Kyle Shirakawa Handley v. Christopher Pierce, Warden |
Ninth Circuit |
2026-01-22 |
Pending |
IFP |
california-law criminal-procedure due-process notice-requirement sentencing-enhancement sixth-amendment |
1. Does the California Supreme Court's 1936 holding that a defendant's right to notice does not apply to facts which merely "increase the penalty" vio… |
| 25-6653 |
Randy Campos v. United States |
Fifth Circuit |
2026-01-22 |
Pending |
Response WaivedIFP |
appellate-review criminal-procedure district-court sentencing-factors statutory-interpretation supervised-release |
Did the district court obviously err by considering the retributive factors under 18 U.S.C. § 3553(a)(2)(A), in violation of Esteras v. United States,… |
| 25-6635 |
Jose Amaury Sanchez-Jimenez v. United States, et al. |
First Circuit |
2026-01-21 |
Pending |
Response WaivedIFP |
criminal-procedure federal-tort-claims-act fourth-amendment malicious-prosecution probable-cause superseding-indictment |
A. Chiaverini v. City of Napoleon, 602 U.S. 556 (2024) held that the presence of probable cause for one charge in a criminal proceeding does not categ… |
| 25A826 |
Marco Antonio Naranjo-Aguilar v. United States |
Tenth Circuit |
2026-01-20 |
Application |
|
court-of-appeals criminal-procedure federal-conviction procedural-challenge sentencing-review tenth-circuit |
Question not identified. |
| 25-863 |
G'Ante Butler v. United States |
Tenth Circuit |
2026-01-20 |
Pending |
Response Waived |
assault-definition circuit-split criminal-procedure federal-criminal-law officer-safety statutory-interpretation |
Whether 18 U.S.C. § 111(b) is violated only by forcibly assaulting a federal officer, or may be violated by forcibly resisting, opposing, impeding, in… |
| 25-6631 |
Juan Jose Zarate Sanchez v. Texas |
Texas |
2026-01-20 |
Pending |
IFP |
criminal-procedure due-process impartial-jury jury-selection sixth-amendment voir-dire |
Whether due process and the Sixth Amendment right to an impartial jury are violated when the prosecution conducts panel-wide voir dire using a series … |
| 25-6623 |
Hamed Kian v. Florida |
Florida |
2026-01-20 |
Pending |
Response WaivedIFP |
constitutional-rights criminal-procedure fourteenth-amendment jury-trial serious-felony sixth-amendment |
Whether Petitioner was derived of his right, under the Sixth and Fourteenth Amendments, to a trial by a 12-person jury when the defendant is charged w… |
| 25-6607 |
Kevin Esaud Perez Rojas v. Florida |
Florida |
2026-01-16 |
Pending |
Response WaivedIFP |
constitutional-rights criminal-procedure fourteenth-amendment jury-trial serious-felony sixth-amendment |
Whether Petitioner was derived of his right, under the Sixth and Fourteenth Amendments, to a trial by a 12-person jury when the defendant is charged w… |
| 25-6602 |
In Re Derrick L. Johnson |
|
2026-01-16 |
Pending |
IFP |
constitutional-violation criminal-procedure due-process federal-review habeas-corpus state-court |
Question not identified. |
| 25-6600 |
Naveed Rasheed Shike v. United States |
Fifth Circuit |
2026-01-16 |
Pending |
Response WaivedIFP |
criminal-indictment criminal-procedure evidence-suppression judicial-review legal-dismissal suppression-motion |
I. Whether Shike's suppression motion should have been granted?
II. Whether Shike's indictment should have been dismissed? |
| 25-847 |
Alabama v. Brandon Dewayne Sykes |
Alabama |
2026-01-15 |
Pending |
|
constitutional-law criminal-procedure due-process griffin-error prosecutorial-comment self-incrimination |
1. Whether courts must reverse for Griffin error without examining a prosecutor's comment in context and without finding prejudice.
Or the Court shou… |
| 25-6595 |
Hugo Ivan Macias-Ordonez v. United States |
Fifth Circuit |
2026-01-15 |
Pending |
Response WaivedIFP |
apprendi-rule constitutional-interpretation criminal-procedure prior-convictions sixth-amendment stare-decisis |
The Sixth Amendment guarantees the right "to be informed of the nature and cause of the accusation." U.S. Const. amend. VI. "[F]act[s] that increase[]… |
| 25-6584 |
Leihinahina Sullivan v. United States |
Ninth Circuit |
2026-01-14 |
Pending |
Response WaivedIFP |
criminal-procedure due-process fifth-amendment judicial-misconduct prosecutorial-misconduct sixth-amendment |
(1) Whether Standley Counsel Richard Hoke Violated Sullivans waht +0 eelt vepresentahon when he filed a Nohcee of Tntent that =) to Judge wt. Michael … |
| 25-6583 |
John Hotaling v. United States |
Second Circuit |
2026-01-14 |
Pending |
Response WaivedIFP |
breach-of-contract criminal-procedure due-process plea-agreement santobello-standard sentencing-guidelines |
Whether the government breaches a plea agreement, and violates due process under Santobello v. New York, 404 U.S. 257 (1971), when it enters into an a… |
| 25-6581 |
Michael David Dunn v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2026-01-14 |
Pending |
Response WaivedIFP |
AEDPA criminal-procedure federal-review habeas-corpus self-defense sufficiency-of-evidence |
1. What is the standard of review for a federal habeas court for analyzing a sufficiency-of-the evidence claim under the Anti-Terrorism and Effective … |
| 25A819 |
Ashton J. Ryan, Jr. v. United States |
Fifth Circuit |
2026-01-14 |
Application |
|
attorney-client-privilege certiorari criminal-procedure fifth-circuit statutory-interpretation supreme-court-review |
Question not identified. |
| 25-833 |
Duane Letroy Berry v. United States |
Fourth Circuit |
2026-01-14 |
Pending |
Amici (1)Response RequestedResponse WaivedRelisted (2) |
civil-commitment congressional-power constitutional-limits criminal-procedure due-process federal-custody |
Whether 18 U.S.C. § 4246(a) exceeds the constitutional limits of Congress's powers insofar as it permits the federal government to civilly commit a pe… |
| 25-6555 |
Fredrick Dontae Slade v. United States |
Fourth Circuit |
2026-01-13 |
Pending |
IFP |
appeal-waiver constitutional-rights criminal-procedure defendant-rights due-process plea-agreement |
1. IS A DEFEDANT'S RIGHT TO DUE PROCESS OF LAW VIOLATED WHEN THE GOVERNMENT REQUIRES AN APPEAL WAIVER AS PART OF A PLEA AGREEMENT? |
| 25-6571 |
Maxo Casseus v. Florida |
Florida |
2026-01-13 |
Pending |
Response WaivedIFP |
constitutional-rights criminal-procedure fourteenth-amendment jury-trial serious-felony sixth-amendment |
Whether Petitioner was derived of his right, under the Sixth and Fourteenth Amendments, to a trial by a 12-person jury when the defendant is charged w… |
| 25A812 |
Jesus Herrera-Salazar v. United States |
Tenth Circuit |
2026-01-13 |
Application |
|
court-appointed-counsel criminal-conviction criminal-procedure federal-appeal tenth-circuit writ-of-certiorari |
Question not identified. |
| 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… |
| 25A803 |
Henry Wade v. United States |
Eleventh Circuit |
2026-01-12 |
Application |
|
constitutional-violation criminal-procedure due-process jury-trial prosecutorial-misconduct structural-error |
Whether the Petition presents multiple preserved structural constitutional questions of exceptional national importance, including: constructive amend… |
| 25-816 |
Kenneth R. Spirito v. United States |
Fourth Circuit |
2026-01-09 |
Pending |
Response Waived |
brady-violation criminal-procedure due-process evidence-suppression habeas-corpus prosecutorial-misconduct |
Under Brady v. Maryland, 373 U.S. 83 (1963), and its progeny, prosecutors have an obligation to disclose evidence favorable to the accused, either bec… |
| 25-6533 |
Arthur Raffy Aslanian v. United States |
Ninth Circuit |
2026-01-09 |
Pending |
IFP |
appeal-waiver appellate-rights criminal-procedure due-process fifth-amendment post-trial-agreement |
Whether a post-trial waiver of appeal is unknowing and involuntary, and therefore invalid under the Fifth Amendment, where petitioner was not fully ad… |
| 25-6521 |
Romeo Valentin Sanchez v. United States |
Eleventh Circuit |
2026-01-09 |
Pending |
Response WaivedIFP |
constitutional-rights criminal-procedure ineffective-assistance-of-counsel judicial-review plea-bargaining sentencing-exposure |
1. May a conviction be overturned if Counsel gave erroneous advice regarding a sentence exposure that induced Petitioner to reject a favorable plea of… |
| 25-6525 |
Bryant Calloway v. United States |
Third Circuit |
2026-01-08 |
Pending |
Response WaivedIFP |
criminal-procedure legal-ethics model-rules professional-conduct prosecutorial-ethics sanctions |
Is requesting, For sanctions inapplicable in criminal Proceedings when an or violates the Model Rules i professiona| Con uct ?
Tin requesting that so… |
| 25-6524 |
Aderito Patrick Amado v. United States |
First Circuit |
2026-01-08 |
Pending |
Response WaivedIFP |
collective-knowledge-doctrine criminal-procedure drug-trafficking evidence-suppression police-investigation traffic-stop |
1. Following a months-long investigation into drug trafficking and while preparing to search an apartment within a large apartment complex, police obs… |
| 25-797 |
Steven J. Hecke v. United States |
Seventh Circuit |
2026-01-07 |
Pending |
Response Waived |
affidavit-omissions criminal-procedure fourth-amendment franks-hearing probable-cause search-warrant |
1. Whether, and how, Franks applies to
material information that is omitted
from a search warrant affidavit.
2. Whether omissions from a search
warra… |
| 25-6512 |
Aubrey C. Trail v. Nebraska |
Nebraska |
2026-01-07 |
Pending |
IFP |
conflict-of-interest criminal-procedure due-process indigent-rights ineffective-assistance post-conviction |
1. Does a state violate this Court's precedent and the Due Process clause when it penalizes the request for the appointment of conflict-free counsel?
… |
| 25-6499 |
Nycole Amaury Rosario Sanchez v. United States |
First Circuit |
2026-01-07 |
Pending |
Response WaivedIFP |
age-consideration circuit-split criminal-procedure juvenile-sentencing sentencing-guidelines youth-mitigating-factor |
Whether youth (minor age) at the time of the commission of a criminal offense, with its intrinsic characteristics, is inherently a mitigating factor t… |
| 25-6494 |
River William Smith v. United States |
Eighth Circuit |
2026-01-06 |
Pending |
Response WaivedIFP |
conduct-dismissal criminal-procedure due-process judicial-discretion political-beliefs sentencing |
1) Whether a Defendant can be held accountable at sentencing for conduct that was dismissed?
2) Whether a Defendant's sentence can be enhanced becaus… |
| 25-6487 |
Derrick S. Lewis v. United States |
Eleventh Circuit |
2026-01-06 |
Pending |
Response WaivedIFP |
apprendi-rule criminal-procedure fifth-amendment jury-determination sentencing-guidelines sixth-amendment |
1. Whether the Fifth and Sixth Amendments are violated when a sentencing judge, rather than a jury, finds facts that otherwise alter the minimum and/o… |
| 25-6488 |
Matthew Jones v. Dave Yost, Attorney General of Ohio |
Sixth Circuit |
2026-01-06 |
Pending |
IFP |
criminal-procedure due-process plea-agreement plea-offer right-to-counsel sixth-amendment |
The first question presented is :
Should the Sixth Amendment right to counsel attach at the moment
an accused is confronted by his expert adversary w… |
| 25-6491 |
Billy J. Wilkins v. United States |
Sixth Circuit |
2026-01-06 |
Pending |
Response WaivedIFP |
criminal-procedure judicial-fact-finding right-to-jury right-to-silence second-amendment sixth-circuit |
I. Is the Sixth Circuit Court of Appeals ruling in United States v. Williams, 113 F.4th 637 (6th Cir. 2024) unconstitutional because it allows a judge… |
| 25-6496 |
Paul D. Carr v. Jeff Macomber, Secretary, California Department of Corrections and Rehabilitation |
Ninth Circuit |
2026-01-06 |
Pending |
IFP |
brady-violation criminal-procedure evidence-tampering habeas-corpus ineffective-assistance-of-counsel pinholster-exception |
1) Does this court's decision in Cullen v. Pinholster, 563 U.S.170;
131 S.CT. 1388 (2011), permit an exception whereby federal
courts may consider ne… |
| 25-6493 |
Paul Keith Barksdale v. Jeffrey Wehking, Warden |
Seventh Circuit |
2026-01-06 |
Pending |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure due-process federal-jurisdiction habeas-corpus |
Question not identified. |
| 25-778 |
Natalia Mikhaylovna Bardakova v. United States |
Second Circuit |
2026-01-05 |
Pending |
Response Waived |
criminal-procedure due-process foreign-national fugitive-disentitlement international-law motion-to-dismiss |
Whether a court may refuse to consider a foreign national defendant's motion to dismiss an indictment based on the fugitive disentitlement doctrine wh… |
| 25-6478 |
Jeremy Edward Johnson v. United States |
Third Circuit |
2026-01-05 |
Pending |
Response WaivedIFP |
criminal-procedure due-process fifth-amendment harmless-error miranda-rights self-incrimination |
1. DID THE THIRD CIRCUIT ERR BY ASSUMING EVEN IF THERE WAS A MIRANDA VIOLATION, THE VIOLATION WAS HARMLESS?
a. Did the Third Circuit err by not deter… |
| 25-6471 |
Marcia Vazquez Rijos v. United States |
First Circuit |
2026-01-02 |
Pending |
Response WaivedIFP |
appellate-procedure conspiracy criminal-procedure indicative-ruling jurisdiction sixth-amendment |
Rule 37 of the Federal Rules of Criminal Procedure allows a party to seek an indicative ruling from the district court while an appeal is pending. Whi… |
| 25-6466 |
Israel Alberto Rivas Gomez v. United States |
Ninth Circuit |
2026-01-02 |
Pending |
Response WaivedIFP |
constitutional-rights criminal-procedure custodial-interrogation due-process miranda-warning right-to-counsel |
Whether law enforcement's advisement to a defendant that entirely omits the "if he so desires" language regarding the right to appointed counsel satis… |
| 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. |
| 25-773 |
Joseph John Slack v. Robert McHugh, et al. |
Third Circuit |
2025-12-31 |
Pending |
Response Waived |
criminal-procedure felony-charges grand-jury pennsylvania-law probable-cause statewide-investigation |
Whether the presentment of a statewide investigating grand jury in the Commonwealth of Pennsylvania constitutes prima facie evidence of probable cause… |
| 25-6465 |
Ledale Deanthony Sawyer v. United States |
Fifth Circuit |
2025-12-31 |
Pending |
IFP |
appeal-waiver appellate-review criminal-procedure habeas-corpus legal-argument sentencing-error |
1. Whether a defendant's appeal waiver bars appellate review of a clear sentencing error when the defendant preserved the exact legal argument below a… |
| 25-6464 |
Djonibek Rahmankulov v. United States |
Second Circuit |
2025-12-31 |
Pending |
IFP |
bank-fraud co-conspirator-liability constructive-amendment criminal-procedure loss-calculation sentencing-guidelines |
1. A writ of certiorari is requested to determine whether the district court's loss
calculation which included intended losses under §2B1.1 Applicatio… |
| 25-6458 |
Matthew Darrel Childers v. United States |
Sixth Circuit |
2025-12-31 |
Pending |
Response WaivedIFP |
appeal-waiver criminal-procedure due-process ineffective-assistance mandate-recall sixth-circuit |
1. Whether the Sixth Circuit Court of Appeals erred when it denied without explanation Petitioner's Motion to Recall the Mandate, Strike Reply Brief o… |
| 25-6446 |
David Allen Benson v. Superior Court of California, Orange County, et al. |
California |
2025-12-30 |
Pending |
IFP |
criminal-procedure due-process ineffective-assistance mandamus-petition sixth-amendment speedy-trial |
1. Was Petitioner denied his right to speedy trial, even his criminal Trial has been delayed for six years without his consent?
2. Did Petitioner suf… |
| 25A750 |
Joseph Allen Maldonado v. United States |
Tenth Circuit |
2025-12-29 |
Application |
|
brady-violation criminal-procedure invited-error post-conviction-relief recantation rule-33 |
Question not identified. |
| 25-6442 |
Michael Hinds v. United States |
Sixth Circuit |
2025-12-29 |
Pending |
Response WaivedIFP |
armed-career-criminal-act criminal-procedure harmless-error prior-offenses sentencing-enhancement statutory-interpretation structural-error |
Does the ACCA occasions -different inquiry, requiring a detailed, multi- factored analysis of the facts surrounding at least three prior offenses— fac… |
| 25-6436 |
Francisco Junior Louis v. United States |
Eleventh Circuit |
2025-12-29 |
Pending |
Response WaivedIFP |
constitutional-rights covid-delay criminal-procedure grand-jury pro-se-motion speedy-trial |
Is a criminal defendant's statutory and constitutional right to a speedy trial violated when the delay in obtaining an indictment arose from the gover… |
| 25-6433 |
Avis Coward v. United States |
Sixth Circuit |
2025-12-29 |
Pending |
Response WaivedIFP |
circuit-court-review constitutional-challenge constitutional-review criminal-law criminal-procedure role-enhancement second-amendment sentencing-guidelines statutory-interpretation |
1. Whether this Honorable Court should grant certiorari to review whether the Sixth Circuit's determination that 18 U.S.C §922(g) is constitutional on… |
| 25-6431 |
Edin Anael Solis-Rodriguez v. United States |
Fourth Circuit |
2025-12-23 |
Pending |
Response WaivedIFP |
appellate-review criminal-procedure guilty-plea plain-error-standard rule-11 sentencing |
Does a defendant's failure to object to a Rule 11(b)(1)(H)-(I) error count against him twice, not only by subjecting him to the rigorous plain-error s… |
| 25A742 |
Shameek J. Halls v. United States |
Second Circuit |
2025-12-23 |
Application |
|
bureau-of-prisons criminal-procedure judicial-review plea-agreement second-circuit summary-order |
Question not identified. |
| 25-6429 |
Georgiy Chipunov v. United States |
Ninth Circuit |
2025-12-23 |
Pending |
Response RequestedResponse WaivedIFP |
as-applied-challenge criminal-procedure facial-challenge first-amendment ninth-circuit true-threats |
In Counterman v. Colorado, 600 U.S. 66, 73 (2023), the Court clarified that, to comply with the First Amendment's protections, prosecutors "must prove… |
| 25-6412 |
Israel Navarro v. New York |
New York |
2025-12-22 |
Pending |
Response WaivedIFP |
apprendi-rule criminal-procedure fifth-amendment jury-trial sentencing-enhancement sixth-amendment |
Whether the Fifth and Sixth Amendments guarantee criminal defendants, like the petitioner Israel Navarro, the right to a jury trial on statutorily req… |
| 25-6413 |
Marcus T. Dixon v. United States |
Seventh Circuit |
2025-12-22 |
Pending |
Response WaivedIFP |
criminal-procedure law-enforcement probation-condition property-rights standing-to-challenge warrantless-search |
1) Law enforcement conducted warrantless searches related to Marcus Dixon and a supervision condition that allowed searches of "his" property. He move… |
| 25-6415 |
Juan Viana-Hernandez v. United States |
Ninth Circuit |
2025-12-22 |
Pending |
Response WaivedIFP |
bureau-of-prisons criminal-procedure custodial-sentence judicial-modification rule-36 sentencing |
Federal Rule of Criminal Procedure 36 is titled "Clerical Error" and states, "[a]fter giving any notice it considers appropriate, the court may at any… |
| 25-6411 |
Gregory Johnson, Jr. v. United States |
Fifth Circuit |
2025-12-22 |
Pending |
IFP |
appeal-waiver appellate-review criminal-procedure due-process miscarriage-of-justice plea-agreement |
Can a criminal defendant knowingly and voluntarily waive the right to appeal a district court's yet-to-be-made errors as part of a plea agreement, and… |
| 25-6401 |
Frankie Centeno v. United States |
Second Circuit |
2025-12-18 |
Pending |
Response WaivedIFP |
constitutional-challenge criminal-procedure felony-conviction gun-rights second-amendment supervised-release |
1. Whether 18 U.S.C. § 922(g)(1) is unconstitutional on its
face or as applied to Petitioner because, consistent with theSecond Amendment, the federal… |
| 25-715 |
Masahide Kanayama v. Scott Kowal, Chief Pretrial Services Officer, Southern District of New York, et al. |
Second Circuit |
2025-12-18 |
Pending |
Response Waived |
criminal-procedure damage-calculation district-court dual-criminality extradition japanese-law |
Whether in certifying Dr. Masahide Kanayama's extradition to Japan, the District Court for the Southern District of New York improperly relied on a hy… |
| 25-6396 |
Javier Rivera Franco v. Texas |
Texas |
2025-12-17 |
Pending |
IFP |
conviction-validity criminal-procedure due-process habeas-corpus judicial-procedure sentencing-error |
1. Is Petitioner Franco illegally imprisoned under a invalid
75 year sentence in Indictment / Cause No. F05-45713-T and
under a invalid conviction ?… |
| 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. |
| 25-6378 |
Kriston Price v. Ohio |
Ohio |
2025-12-16 |
Pending |
IFP |
aggravated-murder criminal-procedure fourteenth-amendment jury-instruction self-defense sixth-amendment |
1. Whether sufficient evidence existed to reject the defense of self defense where the defendant was violently attacked, beaten, and through the a mir… |
| 25-6385 |
Johnathan Morrison v. United States |
Eighth Circuit |
2025-12-16 |
Pending |
IFP |
appeal-waiver appellate-review criminal-procedure district-court miscarriage-of-justice sentencing-guideline |
Does the miscarriage of justice exception to appeal waivers apply to an appellate claim that a district court sentenced a defendant under the wrong se… |
| 25-6387 |
Joan Diaz Gonzalez v. United States |
Ninth Circuit |
2025-12-16 |
Denied |
Response WaivedIFP |
appellate-review constitutional-rights criminal-procedure de-novo-standard sixth-amendment speedy-trial |
The Sixth Amendment provides: "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial . . . ." The question pres… |
| 25-6389 |
Kingsley Ita v. United States |
Fifth Circuit |
2025-12-16 |
Pending |
IFP |
appeal-waiver circuit-split criminal-procedure due-process plea-agreement sentencing-procedure |
I. Does a general appeal waiver in a plea agreement bar a criminal defendant from challenging a sentence on due process grounds when the sentencing co… |
| 25-6366 |
Jarrett Howard v. United States |
Sixth Circuit |
2025-12-15 |
Denied |
Response WaivedIFP |
confidential-informant criminal-procedure fentanyl heroin probable-cause search-warrant |
I. Did probable cause exist to issue a search warrant when
the affidavit for the warrant did not say when the
confidential informant saw heroin and fe… |
| 25-6367 |
Luis Daniel Fuentes v. United States |
Eleventh Circuit |
2025-12-15 |
Denied |
Response WaivedIFP |
3553(a)-factors appellate-review criminal-procedure judicial-discretion mitigating-evidence sentencing |
Whether a sentencing court must address mitigating evidence and arguments offered by defense counsel regarding factors set forth in 18 U.S.C. § 3553(a… |
| 25-695 |
Maxwell A. Matthew v. United States |
Armed Forces |
2025-12-15 |
Denied |
Response Waived |
convening-authority court-martial criminal-procedure double-jeopardy fifth-amendment military-justice |
Staff Sergeant (SSgt) Maxwell A. Matthew's Convening Authority ordered his court-martial conviction expunged. He then ordered SSgt Matthew to again fa… |
| 25A694 |
Andrew Burgess Gregg v. Colorado |
Colorado |
2025-12-15 |
Application |
|
apprendi-line criminal-procedure double-jeopardy habitual-offender sentencing-enhancement sixth-amendment |
Question not identified. |
| 25-6353 |
Marcin Sosniak v. Charles Mims, Warden |
Eleventh Circuit |
2025-12-12 |
Denied |
Response WaivedIFP |
criminal-procedure death-penalty evidence-retrieval ineffective-assistance police-interview right-to-counsel |
Whether Petitioner has received ineffective assistance of counsel where Petitioner's counsel allowed Petitioner who was facing the death penalty to ac… |
| 25-6354 |
Osric Tyrone Daise v. United States |
Fourth Circuit |
2025-12-12 |
Denied |
Response WaivedIFP |
criminal-procedure plain-error punishment revocation sentencing supervised-release |
Whether the district court committed plain error in revoking Mr. Daise's supervised release pursuant to 18 U.S.C. § 3583(e) when the court's expressed… |
| 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… |
| 25-690 |
Ryan Thornell, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. v. Bradley Bieganski |
Ninth Circuit |
2025-12-12 |
Pending |
Response RequestedResponse Waived |
burden-shifting constitutional-law criminal-procedure due-process habeas-corpus ninth-circuit-review |
Did the Ninth Circuit fail to apply the correct deferential standard of review, as set out in 28 U.S.C. § 2254(d), and also misapply this Court's prec… |
| 25-6341 |
Selvin Edgardo Molina-Guzman v. United States |
Fifth Circuit |
2025-12-11 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure due-process judicial-discretion presentence-report sentencing |
If a federal criminal defendant fails to present rebuttal evidence, is the district court is free to adopt the Presentence Report's findings without f… |
| 25-6345 |
Felix Verdejo-Sanchez v. United States |
First Circuit |
2025-12-11 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure federal-jurisdiction interstate-commerce pro-se-representation subject-matter-jurisdiction |
Can the Court of Appeals for the First Circuit deny the Petitioner his motion pro se requesting to invoke the supervisory power of the Court to verify… |
| 25-6321 |
Wenlasombo Ilboudo v. United States |
Eighth Circuit |
2025-12-09 |
Denied |
Response WaivedIFP |
criminal-procedure due-process language-barrier rule-11-colloquy sentencing-rights waiver-of-appeal |
Whether a defendant who speaks no English may properly be determined to have waived his right to appeal a substantively unreasonable sentence without … |
| 25-6324 |
Craig Edward Hunnicutt, Jr. v. United States |
Sixth Circuit |
2025-12-09 |
Denied |
Response WaivedIFP |
criminal-procedure factual-findings self-defense sentencing-discretion sixth-circuit supervised-release |
I. Whether the Sixth Circuit decision affirming Mr. Hunnicutt's supervised release violation and new law convictions, improperly upheld the clearly er… |
| 25A678 |
Thurmond McDonald v. Florida |
Florida |
2025-12-09 |
Application |
|
constitutional-rights criminal-procedure habitual-offender jury-trial sentencing-enhancement sixth-amendment |
Question not identified. |
| 25-6316 |
Kyle Ray Campbell v. United States |
Ninth Circuit |
2025-12-08 |
Pending |
IFP |
appellate-review criminal-procedure ninth-circuit sentence-reasonableness sentencing waiver |
Whether the district court erred and imposed a substantively unreasonable sentence of three hundred months?
Whether the Ninth Circuit Court of Appeal… |
| 25-6293 |
Melvin Leon Myrick v. United States |
Fourth Circuit |
2025-12-05 |
Denied |
Response WaivedIFP |
criminal-procedure federal-procedure judicial-timing pretrial-hearing speedy-trial-act statutory-interpretation |
Whether a final ruling at a pretrial hearing stops the Speedy Trial Act clock from running, consistent with the dictates of 18 U.S.C. § 3161. |
| 25-6300 |
Anthony Jones v. United States |
Third Circuit |
2025-12-05 |
Denied |
Response WaivedIFP |
appellate-review constitutional-violations criminal-procedure ineffective-assistance plain-error structural-defects |
I. Whether structural constitutional defects in indictments should be reviewed under Federal Rule of Criminal Procedure 52's plain error standard when… |
| 25-6265 |
Rodney Hamilton Higgins, Jr. v. United States |
Sixth Circuit |
2025-12-02 |
Denied |
Response WaivedIFP |
criminal-procedure drug-trafficking evidence-preservation fourth-amendment probable-cause search-warrant |
1. Whether the Fourth Amendment requires more than a defendant's status as a drug dealer and residential address to establish probable cause for a sea… |
| 25-6271 |
Eric Arthur Walton v. United States |
Fourth Circuit |
2025-12-02 |
Denied |
Response WaivedIFP |
criminal-procedure discretionary-standard district-court pro-se-representation standard-of-review supervised-release |
Whether the standard of review of a district court's decision to allow a defendant to proceed pro se at a supervised release revocation hearing is de … |
| 25A638 |
William Lewis Reece v. Oklahoma |
Oklahoma |
2025-12-02 |
Application |
|
coerced-confession criminal-procedure due-process fifth-amendment interrogation-techniques self-incrimination |
Question not identified. |
| 25A644 |
Markhel D'John Harris-Franklin v. United States |
Eighth Circuit |
2025-12-02 |
Application |
|
circuit-split continuance criminal-procedure ends-of-justice reasonableness speedy-trial-act |
Whether ends-of-justice continuances granted under the Speedy Trial Act, 18 U.S.C. § 3161(h)(7), may be open-ended. |
| 25-618 |
Craig Jonathan Warner v. Texas |
Texas |
2025-12-01 |
Pending |
|
constitutional-rights criminal-procedure due-process false-testimony fourteenth-amendment witness-testimony |
1. At least ten states' courts and four federal circuit courts recognize that a state's unknowing presentation of false testimony denies a defendant d… |
| 25-6259 |
Sam Boyd v. United States |
Eighth Circuit |
2025-12-01 |
Denied |
Response WaivedIFP |
continuance criminal-procedure judicial-discretion speedy-trial-act statutory-interpretation trial-court-procedure |
When a trial court grants an "ends of justice" continuance pursuant to 18 U.S.C. § 3161(h)(7)(A), is it required to make specific factual findings bey… |
| 25-6248 |
Nathan David Black v. Ryan Flores, Warden, et al. |
Tenth Circuit |
2025-11-26 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure due-process jurisdiction protection-order |
Question not identified. |
| 25-6255 |
Aaron J. Thorpe v. United States |
District of Columbia |
2025-11-26 |
Denied |
Response WaivedIFP |
article-ii criminal-procedure executive-power final-conviction prosecutorial-discretion separation-of-powers |
In our constitutional system of separated powers, Article II vests the Executive Branch with the plenary authority to initiate and terminate criminal … |
| 25-6240 |
Joel Contreras-Aguilar v. Texas |
Texas |
2025-11-25 |
Pending |
Response RequestedIFP |
constitutional-law criminal-procedure due-process immigration-status ineffective-assistance strickland-standard |
Has the State of Texas courts undermined presently established federal law in regards to the disclosure of immigration status of defendants in crimina… |
| 25-6241 |
Vincent Gerald Garcia v. United States |
Ninth Circuit |
2025-11-25 |
Denied |
Response WaivedIFP |
conspiracy criminal-procedure jury-unanimity plain-error sixth-amendment vicar-prosecution |
Whether a district court commits plain error and violates a defendant's Sixth Amendment right to a unanimous jury verdict when it fails to give a spec… |
| 25-6225 |
Alejandro Peña Salvador v. Washington |
Washington |
2025-11-24 |
Denied |
IFP |
constitutional-rights counsel-representation criminal-procedure due-process habeas-corpus ineffective-assistance |
The faal JisnsqarJ fa dew &via&>ce of /rre£^Ci|^bl£cpnB' c' b^+^eeAOe^dMi amd hfc Mr Pe?Ks> rtaH4 o reDfesen^-Von a'fn'idcA.i Coothci or &4«c3-!/e > q… |
| 25-6228 |
James Anthony Hale v. Michigan |
Michigan |
2025-11-24 |
Denied |
Response WaivedIFP |
arraignment criminal-procedure due-process jurisdictional-defect right-to-counsel sixth-amendment |
WHERE PETITIONER WAS DENIED HIS SIXTH AMENDMENT RIGHT TO COUNSEL
DURING HIS INITIAL ARRAIGNMENT PROCEEDING,
JURISDICTIONAL DEFECT DEPRIVE THE STATE C… |
| 25-597 |
Donatus Iriele v. United States |
Eleventh Circuit |
2025-11-21 |
Denied |
Response Waived |
constitutional-rights criminal-procedure drug-statute jury-instructions reasonable-doubt subjective-knowledge |
Donatus Iriele was indicted for violations of 21 U.S.C. § 841(a) based on a superseding indictment that failed to allege a knowing violation of the st… |
| 25-6199 |
Edgar Rene Garcia-Limon v. United States |
Tenth Circuit |
2025-11-21 |
Denied |
Response WaivedIFP |
child-sexual-abuse constitutional-sufficiency criminal-indictment criminal-procedure sexual-abuse statutory-language |
Whether an indictment charging violations of 18 U.S.C. § § 2241(c) and 2244 is constitutionally sufficient when it alleges only that the charged acts … |
| 25-6180 |
David Craig Milam v. United States |
Fourth Circuit |
2025-11-20 |
Denied |
Response WaivedIFP |
criminal-procedure district-court guilty-plea judicial-discretion plea-withdrawal sentencing |
Whether the district court erred by denying Petitioner's motion to withdraw his guilty plea. |
| 25-6190 |
Steven Dale Bradley v. Iowa |
Iowa |
2025-11-20 |
Denied |
IFP |
appeal constitutional-rights criminal-procedure due-process habeas-corpus sentencing |
I. D& Aw 4 On4)Wlwl k invfrf ie^ $ pwhlons 4vd" hw 4o 4V^C SevWAC^5 ?
3, Do cnw\4U$ kw 4 6an^WW^h4 rtaW 4t> ex^cV pnmke^ AncWl^ ™udn^/ 5 ft w'HW ^re^… |
| 25A594 |
Keith Lashon Bell v. United States |
Fourth Circuit |
2025-11-20 |
Application |
|
appeal-waiver constitutional-exception criminal-procedure federal-sentencing habeas-corpus plea-agreement |
Question not identified. |
| 25A596 |
Eric W. Singleton v. United States |
Armed Forces |
2025-11-20 |
Application |
|
appellate-review constitutional-right court-martial criminal-procedure military-justice unanimous-verdict |
Question not identified. |
| 25-6157 |
Eric King v. United States |
Sixth Circuit |
2025-11-19 |
Denied |
Response WaivedIFP |
criminal-procedure due-process equal-protection fifth-amendment identity-theft indictment-defects |
I. DUBIN MISAPPLICATION
Whether Petitioner's conviction for aggravated identity theft under 18 U.S.C. § 1028A can stand where, contrary to Dubin v. Un… |
| 25-6158 |
John Nock v. United States |
Eighth Circuit |
2025-11-19 |
Pending |
IFP |
constitutional-rights criminal-procedure ineffective-assistance right-to-counsel sixth-amendment trial-court |
APPOINT SUBSTITUTE 10 TCOnN <S?T'S REFUS AL to
nock's SIXTH AMENDMENT URSTrmt VI0LATED MR.
representation ? DMENT RIGHT To effective
■noc™sR fifth a… |
| 25-6161 |
James Capers v. United States |
Second Circuit |
2025-11-19 |
Denied |
Response WaivedIFP |
alleyne-standard apprendi-rule constitutional-challenge criminal-procedure jury-instructions sentencing-enhancement |
1) In regards to 21 U.S.C. §846, to be in accordance with both Apprendi
and Alleyne , to punish as 21 U.S.C. §841(b)(1)(A) (10 to life), must
the ju… |
| 25-6164 |
Shannon Bernard Jackson v. Texas |
Texas |
2025-11-19 |
Denied |
IFP |
anders-brief appellate-rights criminal-procedure due-process fourteenth-amendment pro-se-brief |
QUESTION No. 1: Is a criminal defendant deprived of his rights under the Fourteenth Amendment to the United States Constitution to file a pro se brief… |
| 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… |
| 25-6169 |
Elias Xavier Rosario Torres v. United States |
Eleventh Circuit |
2025-11-19 |
Denied |
Response WaivedIFP |
circuit-split criminal-procedure firearm-statute mandatory-minimum mens-rea statutory-interpretation |
A person who is convicted under 18 U.S.C. § 924(c) of possession of a firearm in furtherance of a crime of violence or drug trafficking crime, but who… |
| 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… |
| 25A591 |
Nadarius Barnes v. United States |
Tenth Circuit |
2025-11-19 |
Application |
|
appellate-rights circuit-split criminal-procedure guilty-plea plea-agreement waiver |
Whether, by entering an unconditional guilty plea, a defendant waives his right to appeal the conviction on the basis that the conduct admitted in the… |
| 25-6151 |
Christopher Lewis Tucker v. United States |
Fourth Circuit |
2025-11-18 |
Denied |
Response WaivedIFP |
criminal-procedure medication-administration pretrial-custody sentencing-guidelines statutory-interpretation supervised-release |
Is a twenty-five year term of supervised release with stringent special conditions including the forced administration of medication "greater than nec… |
| 25A584 |
Dylan Gregory Kerstetter v. United States |
Fifth Circuit |
2025-11-18 |
Application |
|
certiorari criminal-procedure deadline-extension jurisdictional-requirements petition-timing supreme-court |
Whether a defendant convicted under a state law that plainly criminalizes conduct outside the federal definition must point to actual state-court pros… |
| 25A588 |
Alexis D. Negrón-Cruz v. United States |
First Circuit |
2025-11-18 |
Application |
|
constitutional-rights criminal-procedure federal-public-defender first-circuit statutory-interpretation writ-of-certiorari |
Question not identified. |
| 25-583 |
Rodney Towe v. Georgia |
Georgia |
2025-11-17 |
Denied |
|
criminal-procedure fourth-amendment law-enforcement probable-cause reasonable-suspicion terry-stop |
Whether lawful, commonplace conduct that law abiding citizens routinely engage in can establish reasonable suspicion because it occurs near an expecte… |
| 25-6136 |
Damien Antione Jones v. United States |
Fifth Circuit |
2025-11-17 |
Pending |
IFP |
appellate-waiver collateral-review constitutional-rights criminal-procedure due-process plea-agreement |
Petitioner is serving a sentence for an offense that was later declared unconstitutional by this Court in United States v. Davis, 588 U.S. 445 (2019),… |
| 25-6141 |
Mark Abercrombie v. United States |
Fifth Circuit |
2025-11-17 |
Denied |
Response WaivedIFP |
appellate-review circuit-split criminal-procedure harmless-error judicial-discretion sentencing-guidelines |
Whether errors in calculating the Sentencing Guidelines are rendered categorically harmless by the district court's routine and boilerplate assertion … |
| 25-6142 |
John Elwood Tyrone Martin v. United States |
Fourth Circuit |
2025-11-17 |
Pending |
IFP |
appeal-waiver criminal-procedure district-court guilty-plea mandate-rule sentencing-error |
I. If a court of appeals recognizes a sentencing error and remands for resentencing, does the mandate rule bar the district court from considering a d… |
| 25-6116 |
Frank Iglesias v. United States |
Ninth Circuit |
2025-11-14 |
Denied |
Response WaivedIFP |
criminal-procedure discretion early-termination ninth-circuit sentencing supervised-release |
Did the Ninth Circuit abused it's discretion in finding that Petitioner is not entitled to shortening or terminating supervised release of his sentenc… |
| 25-6119 |
Charvez Brooks v. United States |
Fourth Circuit |
2025-11-14 |
Denied |
Response WaivedIFP |
circuit-split criminal-procedure ends-of-justice judicial-continuance speedy-trial-act statutory-interpretation |
Whether the Speedy Trial Act's "ends of justice" provision, 18 U.S.C. § 3161(h)(7)(A), permits open-ended continuances that lack a definite terminatio… |
| 25-6123 |
Osvaldo Gonzalez v. United States |
Eleventh Circuit |
2025-11-14 |
Denied |
Response WaivedIFP |
barker-review criminal-procedure liberty-interests pretrial-delay sixth-amendment speedy-trial |
Whether Barker v. Wingo's rejection of fixed time periods in defining the scope of the Sixth Amendment's Speedy Trial Clause has been abrogated and re… |
| 25-6127 |
Brodrick Eugene Davis v. United States |
Fifth Circuit |
2025-11-14 |
Pending |
IFP |
constitutional-law criminal-procedure due-process fifth-amendment sixth-amendment statutory-interpretation |
Does 18 U.S.C. § 3583(g) violate the Fifth and Sixth amendments? |
| 25-565 |
Yogesh K. Pancholi v. United States |
Sixth Circuit |
2025-11-12 |
Denied |
Amici (1)Response Waived |
bad-faith compulsory-process criminal-procedure discovery-violation sixth-amendment witness-preclusion |
Whether the Constitution permits a trial court to impose witness preclusion as a sanction for a discovery violation in a criminal case, absent a findi… |
| 25-6080 |
Warren Ellwood Shelton, Jr. v. Chadwick Dotson, Director, Virginia Department of Corrections |
Virginia |
2025-11-12 |
Denied |
IFP |
appeals-process constitutional-law criminal-procedure due-process judicial-review sentencing |
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<1-1 e. OtoLuUltj
® \AJkkcj is \(v^0LiAcuie Clu&m nz4 bdrvj z\^pl?W 4o jaW£M
j^ iw& pjnadr&& 1^-k) Leuv k| Aftz. Q^&c… |
| 25-6084 |
Paul Gregory Perry v. Robert Van Gorder, Warden |
North Carolina |
2025-11-12 |
Denied |
IFP |
appellate-counsel constitutional-law criminal-procedure due-process habeas-corpus sixth-amendment |
1) Whether "Carpenter 222. ters" hralding i ratzaac hive ta Renton S Whee Convictiansand. Sentence 5 xele
2) jae Phar-capppellate counsel. tua je Fle… |
| 25A542 |
Deoman Reeves v. United States |
Eighth Circuit |
2025-11-12 |
Application |
|
criminal-procedure drug-trafficking firearm-offense sentencing-enhancement statutory-interpretation supreme-court-review |
Question not identified. |
| 25A552 |
Gregory Johnson, Jr. v. United States |
Fifth Circuit |
2025-11-12 |
Application |
|
appeal-waiver career-offender circuit-split criminal-procedure plea-agreement sentencing-guidelines |
Question not identified. |
| 25-6092 |
Olegario Lares-De La Rosa v. United States |
Ninth Circuit |
2025-11-12 |
Denied |
Response WaivedIFP |
circuit-split criminal-procedure evidence-interpretation federal-rules-of-evidence law-enforcement-testimony lay-opinion |
Whether Federal Rule of Evidence 701 permits a law enforcement officer to provide a lay opinion about the meaning of ordinary language used in a recor… |
| 25-6075 |
Derek Muñoz-Gonzalez v. United States |
First Circuit |
2025-11-10 |
Denied |
Response WaivedIFP |
breach-of-contract criminal-procedure guideline-range plea-agreement prosecutorial-conduct sentencing-enhancement |
Whether the prosecution breached the plea agreement by vigorously advocating, at sentencing, for the application of two enhancements, that the parties… |
| 25-551 |
United States v. Shaheem Johnson |
Fourth Circuit |
2025-11-06 |
Pending |
|
criminal-procedure district-court extraordinary-reasons sentence-reduction sentencing-guidelines statutory-interpretation |
Whether the district court permissibly found "extraordinary and compelling reasons" to allow reduction of respondent's sentence under 18 U.S.C. 3582(c… |
| 25-6042 |
Calvin Shaw v. United States |
District of Columbia |
2025-11-06 |
Denied |
Response WaivedIFP |
alibi-witnesses appellate-review criminal-procedure government-witnesses ineffective-assistance trial-counsel |
I- DID THE COURT OF APPEALS ERR WHEN IT DID NOT FIND TRIAL COUNSELS REPRESENTATION OF MR. SHAW INEFFECTIVE BASED ON HIS FAILURE TO CALL ALIBI WITNESSE… |
| 25A527 |
Cristian Chaverra Moreno v. United States |
Eleventh Circuit |
2025-11-06 |
Application |
|
criminal-procedure district-court eleventh-circuit federal-jurisdiction statutory-interpretation subject-matter-jurisdiction |
Question not identified. |
| 25-6019 |
Juan Mendez v. United States |
Sixth Circuit |
2025-11-04 |
Denied |
Response WaivedIFP |
criminal-procedure death-threats extraordinary-circumstances habeas-corpus plea-coercion sentence-reduction |
1. Did both the United States District Court and Sixth Circuit Court of Appeal 3-judge panel fail to properly execercise its permissible authority to … |
| 25-6003 |
Quinn R. Turner v. United States |
Sixth Circuit |
2025-10-31 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process evidentiary-hearing ineffective-assistance sixth-amendment |
Whether Mr. Turner's due process of law rights of the Fifth Amendment U.S. Constitution were violated by the district court failing to adjudicate the … |
| 25-6004 |
Fillmore Wright v. Louisiana |
Louisiana |
2025-10-31 |
Denied |
IFP |
criminal-procedure due-process fair-trial fourteenth-amendment sixth-amendment uncorroborated-confession |
Under the U.S. Constitution Amendment VI's right to a fair trial and the due process clause of U.S. Constitution Amendment XIV, can a conviction rest … |
| 25-6006 |
Jerry W. Green, Jr. v. United States |
Eleventh Circuit |
2025-10-31 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure indictment-charging rico-conspiracy sentencing-enhancement statutory-maximum |
Whether, pursuant to Alleyne v. United States, 570 U.S. 99, 133 S.Ct 2151, 186 L.Ed.2d 314 (2013) and Apprendi v New Jersey, 530 U.S. 466, 120 S.Ct 23… |
| 25-524 |
Cedric Ray Jones v. United States |
Fifth Circuit |
2025-10-30 |
Pending |
|
circuit-split criminal-procedure due-process harmless-error jury-instructions structural-error |
I. Does a district court's failure to instruct a jury in open court result in structural error, automatically producing a violation of a defendant's s… |
| 25-5991 |
Jairo Arnaldo Jacome v. United States |
Fourth Circuit |
2025-10-30 |
Denied |
Response WaivedIFP |
circuit-split criminal-procedure due-process harmless-error jury-instruction structural-error |
I. Does a district court's failure to instruct a jury in open court result in structural error, automatically producing a violation of a defendant's s… |
| 25-5992 |
In Re Roger Larry McCluer |
|
2025-10-30 |
Denied |
IFP |
capital-murder constitutional-rights criminal-procedure habeas-corpus ineffective-assistance plea-bargaining |
1. WHETHER OR NOT COUNSEL'S ADVICE TO PETITIONER, TO FOREGO A TWENTY (20) YEAR PLEA OFFER, WHEN THE STATE THREATENED TO RE-VISIT THE "CAPITAL MURDER" … |
| 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… |
| 25-6001 |
Charles Chad Giese v. Edward Borla, Warden |
Ninth Circuit |
2025-10-30 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fair-trial ineffective-assistance miranda-rights prosecutorial-misconduct |
I. Did Trial Counsel Render Ineffective Assistance by Failing to present Evidence About the Psychological and Physical Effects of Methamphetamine and … |
| 25-525 |
Damion Anthony Delapena v. Florida Department of Corrections |
Eleventh Circuit |
2025-10-29 |
Denied |
Response Waived |
constitutional-rights criminal-procedure evidence-suppression habeas-corpus ineffective-assistance-of-counsel plea-bargaining |
1. Does federal habeas petitioner make a "substantial showing of the denial of a constitutional right" under 28 U.S.C. § 2253(c)(2) where his trial at… |
| 25-5968 |
Mark Wheeler v. United States |
Eleventh Circuit |
2025-10-28 |
Dismissed |
Response RequestedResponse WaivedIFP |
constitutional-rights criminal-procedure defendant-rights due-process involuntary-commitment mental-competency |
1. Does the mandatory commitment of a permanently incompetent defendant solely to assess the possibility of restoring competency violate due process? |
| 25-5974 |
Terrance Douglas Baker v. United States |
Ninth Circuit |
2025-10-28 |
Denied |
Response WaivedIFP |
circuit-split criminal-procedure due-process judicial-discretion rule-32 sentencing |
Does a district court violate Fed. R. Crim. P. 32(i)(C)(1) when it relies upon news stories or other information outside the record in determining a d… |
| 25-5975 |
Thiago de Sousa Prado v. United States |
First Circuit |
2025-10-28 |
Denied |
Response WaivedIFP |
attorney-disqualification conflict-of-interest criminal-procedure due-process professional-conduct prosecutorial-ethics |
Does the Due Process Clause permit a United States Attorney's Office to prosecute a criminal defendant when the Acting U.S. Attorney previously served… |
| 25-5977 |
Dwayne Ernest Wharton v. Texas |
Texas |
2025-10-28 |
Denied |
Response WaivedIFP |
criminal-procedure evidence-admissibility fourth-amendment gps-tracking search-warrant third-party-doctrine |
Does a violation of the Fourth Amendment, as enunciated in this Court's holdings in Carpenter v. United States, 138 U.S. 2206 (2018) and United States… |
| 25-5981 |
Erick Pizarro-Mercado v. United States |
First Circuit |
2025-10-28 |
Denied |
Response WaivedIFP |
criminal-procedure evidence-sufficiency federal-rules procedural-error rule-29 sentencing |
Whether evidence was sufficient to justify the district court denial of Rule 29 of the Fed. R. Crim. P.
Whether the district court committed reversib… |
| 25A481 |
Steven J. Hecke v. United States |
Seventh Circuit |
2025-10-28 |
Application |
|
constitutional-rights criminal-procedure death-penalty extension-of-time supreme-court writ-of-certiorari |
Question not identified. |
| 25A485 |
Matthew Borges v. United States |
Sixth Circuit |
2025-10-28 |
Application |
|
certiorari co-defendant criminal-procedure due-process extension-of-time petition |
Question not identified. |
| 25A487 |
Jairo Huertas-Mercado v. United States |
First Circuit |
2025-10-28 |
Application |
|
constitutional-delay criminal-procedure due-process fifth-amendment sixth-amendment speedy-trial |
Question not identified. |
| 25-5963 |
Cesar Edgardo Castillo-Rodriguez v. United States |
Fifth Circuit |
2025-10-27 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure district-court judicial-discretion plain-error sentencing-guidelines |
Whether, after Holguin-Hernandez v. United States, 589 U.S. 169 (2020), a party may obtain appellate relief when the district court fails to reference… |
| 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… |
| 25-5955 |
Jarred Javon Ford v. United States |
Fourth Circuit |
2025-10-24 |
Denied |
Response WaivedIFP |
constitutional-protection criminal-procedure defendant-rights due-process judicial-inquiry waiver-of-counsel |
Whether the Court should prescribe more specific requirements to ensure consistency and that defendants' waivers are knowing, voluntary, and intellige… |
| 25-502 |
Christina Paylan v. Florida |
Florida |
2025-10-23 |
Denied |
|
constitutional-rights criminal-procedure florida-law nolle-prosequi sixth-amendment speedy-trial |
Does the State of Florida violate Petitioner's Sixth Amendment Right to speedy trial applicable to the State through the Fourteenth Amendment, by comm… |
| 25-5931 |
Caleb Campbell v. Officer Terry Pruitt, et al. |
Seventh Circuit |
2025-10-22 |
Denied |
IFP |
constitutional-challenge conviction-review criminal-procedure due-process procedural-grounds state-court |
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E-luiAc A PoWoPficcv- pv-t0V. 4c, -P4;lz… |
| 25-5939 |
Michael Georgie Carson v. Michigan |
Michigan |
2025-10-22 |
Denied |
IFP |
criminal-procedure fourth-amendment ineffective-assistance probable-cause search-warrant sixth-amendment |
DOES THE MICHIGAN SUPREME COURT'S DECISION CONFLICT WITH THE U.S. SUPREME COURT'S CASELAW, WHEN THEY OVERTURNED THE MICHIGAN COURT OF APPEALS FINDING … |
| 25A460 |
George Sharrod Johns v. Georgia |
Georgia |
2025-10-22 |
Application |
|
confrontation-clause criminal-procedure expert-testimony forensic-pathology sixth-amendment testimonial-statements |
Question not identified. |
| 25-5919 |
Kevin Griffin v. New York |
New York |
2025-10-21 |
Denied |
Response WaivedIFP |
brady-violation criminal-procedure due-process false-testimony fourteenth-amendment search-warrant |
1. Did the State Courts error by denying Petitioner 's Fourteenth Amendment 's Due process rights by the State's knowing use of false testimony and th… |
| 25-5922 |
Victor M. Hernandez-Carrasquillo v. United States |
First Circuit |
2025-10-21 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure district-court evidence-sufficiency rule-29 sentencing |
Whether evidence was sufficient to justify the district court denial of Rule 29 of the Fed. R. Crim. P.
Whether the district court committed reversib… |
| 25-5924 |
Lennard Rashard Monroe v. United States |
Eleventh Circuit |
2025-10-21 |
Denied |
Response WaivedIFP |
criminal-law criminal-procedure participant-enhancement sentencing-guidelines statutory-interpretation united-states-sentencing-commission |
Whether a customer can be counted as a participant for purposes of U.S.S.G. §3B1.1(b)? |
| 25-5912 |
David Everette v. New York |
New York |
2025-10-20 |
Denied |
IFP |
apprendi-rule criminal-procedure judicial-fact-finding persistent-felony-offender sentencing-enhancement sixth-amendment |
Since deciding that the fact of a prior conviction can "authorize" a longer sentence, Almendarez-Torres v. United States, 523 U.S. 224, 246 (1998), th… |
| 25-5914 |
Martins Inalegwu v. United States |
Third Circuit |
2025-10-20 |
Pending |
IFP |
appellate-review criminal-procedure harmless-error judicial-discretion sentencing-error variance |
Whether a district judge can render sentencing errors harmless by stating it would have imposed the same sentence regardless of any error, or by simpl… |
| 25-5917 |
Thomas Avery Drum v. United States |
Eighth Circuit |
2025-10-20 |
Denied |
Response WaivedIFP |
criminal-procedure district-court-authority judicial-discretion new-trial-motion rule-33 weight-of-evidence |
When a criminal defendant files a timely motion for a new trial under Rule 33(b)(2), what is the scope of the district court's authority to grant a ne… |
| 25-5918 |
Tommie Lee Page, aka Tommie Page, aka Tommy Page v. Mississippi |
Mississippi |
2025-10-20 |
Denied |
Response WaivedIFP |
crimes-of-violence criminal-procedure habitual-offender indictment-amendment sentencing-enhancement statutory-interpretation |
1) Whether the Mississippi habitual offender amendment to Page's indictment was illegal and void since the motion to amend Page's indictment was not f… |
| 25-474 |
Justin Baggett v. Texas |
Texas |
2025-10-17 |
Denied |
|
criminal-procedure due-process impeachment-evidence ineffective-assistance plea-agreement strickland-standard |
I. Whether trial counsel's failure to investigate and discover impeachment evidence against a key prosecution witness before a defendant accepts a ple… |
| 25A440 |
Meelad Dezfooli v. United States |
Ninth Circuit |
2025-10-17 |
Application |
|
counsel-of-choice criminal-procedure due-process ineffective-assistance right-to-counsel sixth-amendment |
Question not identified. |
| 25A444 |
Bernard Kentrell Breeland, Jr. v. United States |
Fourth Circuit |
2025-10-17 |
Presumed Complete |
|
bruen-framework confrontation-clause criminal-procedure felon-in-possession lay-opinion-testimony second-amendment |
Question not identified. |
| 25A449 |
Kerry E. Silvers v. Indiana |
Indiana |
2025-10-17 |
Presumed Complete |
|
appellate-procedure criminal-procedure indiana-supreme-court legal-standards post-conviction-relief retroactive-law |
Question not identified. |
| 25-5900 |
Latisha Anderson v. United States |
Fourth Circuit |
2025-10-16 |
Denied |
Relisted (3)IFP |
criminal-procedure due-process fifth-amendment liberty-interest prosecutorial-misconduct sixth-amendment |
I. THE FOURTH CIRCUIT 'S DECISION FINDING NO
PROSECUTORIAL MISCONDUCT OR NO IMPROPER
INTERFERENCE BY THE DISTRICT COURT IS CONTRARY TO
THE FIFTH AM… |
| 25-5907 |
Cory Collin Fitzgerald Sanders v. United States |
Fourth Circuit |
2025-10-16 |
Denied |
Response WaivedIFP |
criminal-procedure evidence-inference guilty-knowledge jury-instruction specific-intent willful-intent |
In a federal criminal prosecution that requires proof of specific intent, may a court instruct the jury that it may infer willful intent or guilty kno… |
| 25-5880 |
Derrick Gregory James v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2025-10-15 |
Denied |
IFP |
constitutional-rights criminal-procedure double-jeopardy due-process judicial-review sentence-modification |
"What constitutes the legal meaning of the word "Active"?
Does a Double Jeopardy Violation, and Due Process Violation Occur Whenever a Dept. of Corre… |
| 25-5887 |
Dorice Moore v. Florida |
Florida |
2025-10-15 |
Denied |
IFP |
constitutional-rights criminal-procedure discovery-violation dna-evidence due-process exculpatory-evidence |
1. Why was the DNA allowed to be down played by the state without defense providing proof of its importance at the crime scene?
2. If the state did n… |
| 25-5892 |
Daniel Jacob Werk v. United States |
Ninth Circuit |
2025-10-15 |
Denied |
Response WaivedIFP |
criminal-procedure district-court federal-rule judgment-of-acquittal ninth-circuit rule-29-motion |
Whether the Ninth Circuit erred in upholding the district court's denial of Petitioner's Federal Rule of Criminal Procedure 29 motion for judgment of … |
| 25-5895 |
Rickey Johnson, aka Sealed Defendant 1, aka Neil Dawn Defarren v. United States |
Second Circuit |
2025-10-15 |
Pending |
IFP |
circuit-split constitutional-law criminal-procedure harmless-error jury-trial sixth-amendment |
L. Whether the acknowledged violation of a federal criminal defendant's right to a jury of 12, under Fed. R. Crim. P. 23(b), can be harmless, a questi… |
| 25-5896 |
Shawn Travis Paschal v. United States |
Fifth Circuit |
2025-10-15 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure imprisonment reasonableness-standard sentencing-review supervised-release |
Whether sentences of imprisonment following the revocation of supervised release should be reviewed for reasonableness or plain unreasonableness? |
| 25-5899 |
Michael Keith Marechale v. United States |
Eighth Circuit |
2025-10-15 |
Denied |
Response WaivedIFP |
appellate-review circuit-split criminal-procedure invited-error jury-instruction waiver |
"Courts of Appeals have stated . . . under the 'invited error' doctrine that a party may not complain on appeal of errors that he himself invited or p… |
| 25A432 |
Kevin McCarthy, Superintendent, Elmira Correctional Facility v. Pedro Hernandez |
Second Circuit |
2025-10-15 |
Presumed Complete |
|
cold-case constitutional-rights criminal-procedure evidence-standard jurisdiction-review missing-child |
Question not identified. |
| 25-5870 |
In Re Joshua Meadors |
|
2025-10-14 |
Denied |
IFP |
constitutional-rights criminal-procedure custody-credits due-process probation statutory-error |
Comes Now trot petitioner and Mawnan' Sochus Meadors, moves Pio honorable Court im MUNG wahiiy Pray Constitution,| Righia has been deprived oP, on ari… |
| 25A422 |
Chanson A. Johnson v. United States |
Armed Forces |
2025-10-14 |
Presumed Complete |
|
appellate-review criminal-procedure drug-conviction firearms-prohibition military-justice supreme-court-jurisdiction |
Question not identified. |
| 25-5857 |
Russell Kimble Jackson v. United States |
Eighth Circuit |
2025-10-10 |
Denied |
Response WaivedIFP |
career-offender criminal-procedure drug-felony first-step-act sentencing-enhancement statutory-interpretation |
1. After the First Step Act enactment date of December 21, 2018.
Is it true it now takes two or more "serious drug felonies" or two or more prior "ser… |
| 25-5865 |
Aaron Norman Dunn v. California |
California |
2025-10-10 |
Denied |
IFP |
capital-punishment criminal-procedure due-process fourteenth-amendment payne-v-tennessee victim-impact-evidence |
Whether under Payne v. Tennessee, 501 U.S. 808 (1991), a prosecutor can be permitted to play for the jury during the penalty phase of a capital trial … |
| 25-5842 |
Jorge Alberto Rodriguez v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2025-10-09 |
Rehearing |
Relisted (2)IFP |
constitutional-law criminal-appeal criminal-procedure ex-post-facto ineffective-assistance statutory-interpretation |
Question not identified. |
| 25-5843 |
Carlos Lorenzo Jackson v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Florida |
2025-10-09 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process exculpatory-evidence habeas-corpus trial-procedure |
Question not identified. |
| 25-5847 |
Charlie Green v. United States |
Eleventh Circuit |
2025-10-09 |
Denied |
Response WaivedIFP |
criminal-procedure indictment-sufficiency penalty-provision rico-conspiracy sentencing-enhancement statutory-interpretation |
1. Whether the failure of the Indictment to include a reference to the penalty provision, 18 U.S.C. § 1963(a), applicable to the offense of RICO consp… |
| 25-5848 |
Cedric Milburn v. United States |
Fifth Circuit |
2025-10-09 |
Denied |
Response WaivedIFP |
circuit-split criminal-procedure due-process government-cooperation rule-35b sentencing-reduction |
There is a conflict among the United States Courts of Appeals regarding the proper interpretation of Federal Rue of Criminal Procedure 35(b).
The que… |
| 25-5849 |
Darvin W. Gray v. Carrie Bridges, Warden |
Tenth Circuit |
2025-10-09 |
Denied |
IFP |
constitutional-challenge criminal-procedure federal-review habeas-corpus obstruction-of-justice statutory-interpretation |
The OCR text provided is too degraded and illegible to accurately extract the "Question(s) Presented" section. The handwritten or heavily corrupted te… |
| 25-5851 |
Christopher Lynn Johnson v. Pennsylvania |
Pennsylvania |
2025-10-09 |
Denied |
IFP |
burden-of-proof constitutional-error criminal-procedure due-process ineffective-assistance structural-error |
Does an attorney's failure to object to unconstitutional instructions that relieve the Commonwealth of its burden of disproving an accused's defense b… |
| 25-5812 |
Michael Barreto v. United States |
Second Circuit |
2025-10-07 |
Pending |
Response RequestedResponse WaivedRelisted (2)IFP |
competency-hearing criminal-procedure defendant-rights judicial-discretion mental-competency statutory-interpretation |
If a district court orders a competency examination under § 4241(b) based upon reasonable cause to question a defendant's competency, is it mandatory … |
| 25-5815 |
Wilclin Saintil v. Florida |
Florida |
2025-10-07 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process fifth-amendment sixth-amendment witness-testimony |
I. WHETHER THE STATE COURT VIOLATED THE FIFTH,
SIXTH, AND FOURTEENTH AMENDMENTS TO THE
UNITED STATES CONSTITUTION IN DENYING THE
ACCUSED HIS DUE PR… |
| 25-5819 |
Max Fontes v. Arizona |
Arizona |
2025-10-07 |
Denied |
Response WaivedRelisted (2)IFP |
constitutional-rights criminal-procedure jury-trial ramos-precedent sixth-amendment twelve-person-jury |
Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a twelve-person jury when the defendant is charged with a felony. |
| 25-5821 |
Gregory Lee Rodvelt v. United States |
Ninth Circuit |
2025-10-07 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure fifth-amendment official-duties sixth-amendment statutory-authority |
1. Is a federal employee "engaged in. . . the performance of official duties"
to sustain a conviction under 18 U.S.C. § 111 when there is no statutory… |
| 25-5823 |
Steven Nicholas Fulton v. United States |
Fourth Circuit |
2025-10-07 |
Denied |
Response WaivedIFP |
appellate-review constitutional-rights criminal-procedure fifth-amendment jury-verdict sixth-amendment |
Whether an appellate court may, consistent with the Fifth and Sixth Amendments, reinstate a jury's guilty verdict where the judge did not find, and th… |
| 25-5797 |
Leigha Page Ackerson v. Colorado |
Colorado |
2025-10-03 |
Denied |
Response WaivedIFP |
criminal-procedure felony-murder legislative-amendment life-without-parole proportionality-review sentencing |
1. Whether the procedure to affirm an LWOP
sentence for felony murder once the Felony Murder
bill 21-124 became effective is in the interest of
jus… |
| 25-399 |
Ronell Moses, Jr. v. United States |
Third Circuit |
2025-10-03 |
Denied |
Amici (1) |
criminal-procedure curtilage fourth-amendment law-enforcement property-rights search-and-seizure |
1. Whether a defendant's actual use of an area adjacent to his home is relevant to whether that area is curtilage under the Fourth Amendment, as four … |
| 25A386 |
Trendell Walker v. United States |
Second Circuit |
2025-10-02 |
Presumed Complete |
|
criminal-procedure habeas-corpus jurisdictional-defects structural-error venue-challenge warrant-forgery |
Question not identified. |
| 25-385 |
Charles Ray Crawford v. Mississippi |
Mississippi |
2025-10-02 |
Denied |
|
capital-trial criminal-procedure retroactivity sixth-amendment structural-error teague-rule |
In McCoy v. Louisiana, 584 U.S. 414 (2018), this Court held that the Sixth Amendment guarantees the defendant the right to personally decide whether t… |
| 25-5784 |
Daniel Raul Santiago Vasquez v. Oklahoma |
Oklahoma |
2025-10-02 |
Denied |
IFP |
capital-punishment criminal-procedure due-process eighth-amendment mitigation-testimony videoconference-testimony |
1. Does the Eighth Amendment allow the State to prevent live mitigation testimony in favor of a capital defendant based upon financial reasons alone (… |
| 25-5788 |
Kalup Allen Born v. United States |
Tenth Circuit |
2025-10-02 |
Denied |
Response WaivedIFP |
acceptance-of-responsibility acquitted-conduct criminal-procedure downward-departure harmless-error sentencing-guidelines |
A defendant who "demonstrates acceptance of responsibility" for the offense "shall" be awarded a deduction in the offense level. When a defendant's en… |
| 25-5789 |
Joseph Anthony Barrett v. California |
California |
2025-10-02 |
Denied |
IFP |
criminal-procedure fourteenth-amendment implicit-bias juror-bias jury-selection sixth-amendment |
When a charged crime occurs within prison walls, do the Sixth and Fourteenth Amendments require excusal for cause of prospective jurors who are employ… |
| 25-5791 |
Raymond White v. United States |
Second Circuit |
2025-10-02 |
Denied |
Response WaivedIFP |
appellate-review charging-instrument criminal-procedure plain-error plea-review presentence-report |
Whether, in conducting plain-error prejudice review of a plea taken in violation of Federal Rule of Criminal Procedure 11, an appellate court may rely… |
| 25-5770 |
Charles Anthony Holmes v. Oklahoma |
Oklahoma |
2025-10-01 |
Denied |
IFP |
appellate-review constitutional-challenge criminal-procedure second-amendment statutory-interpretation strickland-standard |
1. Whether 21 O.S. § 645, 644B are unconstitutional, as applied to Petitioner, because they violate the Second Amendment to the United States Constitu… |
| 25-5771 |
Jared Wade Hinman, Sr. v. Illinois |
Illinois |
2025-10-01 |
Denied |
Response WaivedIFP |
appellate-review constitutional-error criminal-procedure due-process sufficiency-of-evidence trier-of-fact |
1. Did the blanket refusal, by the Appellate Court of Illinois, to 'substitute their judgement for that of the Trier of Fact ', deny an affirmative de… |
| 25-5769 |
Robert Scott Kennedy v. United States |
Eleventh Circuit |
2025-09-30 |
Denied |
Response WaivedIFP |
armed-career-criminal burglary-statute criminal-procedure predicate-offense sentencing-guidelines statutory-interpretation |
1. Whether Mr. Kennedy was erroneously sentenced as an armed career criminal and received sentencing guidelines enhancements based on two prior Georgi… |
| 25A346 |
Caylon James Washington v. Texas |
Texas |
2025-09-25 |
Presumed Complete |
|
criminal-procedure hearsay-objection rebuttal-witness sexual-assault substantial-rights trial-court-discretion |
Question not identified. |
| 25-5716 |
Jesus Meraz-Ramirez v. United States |
Fifth Circuit |
2025-09-24 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure felony-conviction immigration-law jury-trial sentencing-enhancement |
Whether the existence of a pre-removal felony conviction under 8 U.S.C. § 1326(b) is an element of an enhanced offense that must be proven to a jury b… |
| 25-5720 |
Gregory Bartunek v. United States |
Eighth Circuit |
2025-09-24 |
Denied |
Response WaivedRelisted (2)IFP |
constitutional-rights criminal-procedure due-process judicial-fact-finding jury-trial sentencing |
Whether the rights of due process and to a jury trial are violated when courts impose sentences that, but for a judge-found fact, including, but not l… |
| 25-5721 |
Jacob Joshad Robinson v. United States |
Fifth Circuit |
2025-09-24 |
Denied |
Response WaivedIFP |
as-applied-challenge criminal-procedure felon-in-possession firearm-possession historical-tradition second-amendment |
Whether courts should analyze as-applied Second Amendment challenges to 18 U.S.C. §922(g)(1) by examining whether historical tradition supports perman… |
| 25A338 |
Earl Howard v. New York |
New York |
2025-09-24 |
Presumed Complete |
|
appellate-review criminal-defendant criminal-procedure due-process leave-to-appeal state-court |
Question not identified. |
| 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… |
| 25-5706 |
John Allen Rubio v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2025-09-23 |
Denied |
IFP |
criminal-procedure false-testimony fifth-circuit-review habeas-corpus ineffective-assistance napue-claim |
1. Did the Fifth Circuit err in refusing to certify the Napue claim, when it failed to reach punishment-phase harm and when it conflated the question … |
| 25A332 |
Olegario Lares-De La Rosa v. United States |
Ninth Circuit |
2025-09-23 |
Presumed Complete |
|
criminal-procedure federal-public-defender ninth-circuit petition-for-certiorari supreme-court-rules time-extension |
Question not identified. |
| 25-5711 |
Jermal Williams v. Louisiana |
Louisiana |
2025-09-23 |
Denied |
Response WaivedIFP |
circumstantial-evidence constitutional-law criminal-procedure due-process fourteenth-amendment standard-of-proof |
Under the due process clause of the U.S. Constitution Amendment XIV, is La. R.S. 15:438 a higher standard of proof than Jackson v. Virginia, 443 U.S. … |
| 25-5696 |
Anatole Mbe v. United States |
Ninth Circuit |
2025-09-22 |
Pending |
IFP |
appeal-waiver criminal-procedure legal-error plea-agreement restitution sentencing |
Did petitioner's appeal waiver as part of his plea agreement preclude an appeal challenging the amount imposed for restitution on grounds that the gov… |
| 25-5685 |
Anthony Lemicy v. United States |
Eighth Circuit |
2025-09-19 |
Denied |
Response WaivedIFP |
child-exploitation constitutional-violation criminal-procedure evidentiary-sufficiency specific-intent statutory-interpretation |
I. CAN THE GOVERNMENT PROVE THE SPECIFIC INTENT OF "USE" "FOR THE PURPOSE" WITHOUT
THE MINORS TESTIFYING(direct evidence), OR CIRCUMSTANTIAL EVIDENCE… |
| 25-5646 |
John C. Miller v. Indiana |
Indiana |
2025-09-16 |
Denied |
Response WaivedIFP |
constitutional-rights counsel-waiver criminal-procedure due-process fourth-amendment state-constitution |
Whether of not the decision made on March 13, 2025 by the Indiana Supreme Court was in error. Based on the substantive argument made by the Defendant'… |
| 25-5650 |
Deangelus Thomas v. United States |
Sixth Circuit |
2025-09-16 |
Denied |
Response WaivedIFP |
armed-career-criminal-act criminal-procedure harmless-error sentencing-guidelines shepard-documents sixth-amendment |
(1) Does the ACCA occasions-different inquiry, requiring a detailed, multi-factored analysis of the facts surrounding at least three prior offenses—fa… |
| 25-5651 |
Jose Henry Hernandez-Garcia v. United States |
Fourth Circuit |
2025-09-16 |
Denied |
Response WaivedIFP |
criminal-procedure district-court-discretion evidence-weighing judicial-review motion-for-new-trial trial-standard |
Whether a district court abuses its discretion when ruling on a defendant's motion for a new trial by not independently weighing the evidence presente… |
| 25-294 |
Juan Carlos Sandoval-Rodriguez v. United States |
Fourth Circuit |
2025-09-15 |
Denied |
Response Waived |
constitutional-law criminal-procedure due-process jury-instructions reasonable-doubt sixth-amendment |
Whether trial judges must define "reasonable doubt" for the jury upon the defendant's request. |
| 25-5630 |
Geneva Kristina Hudson v. United States |
Eighth Circuit |
2025-09-15 |
Denied |
Response WaivedIFP |
criminal-procedure evidentiary-hearing habeas-corpus ineffective-assistance plea-bargaining section-2255 |
1. Must a petitioner alleging ineffective assistance of counsel in advising whether to plead guilty demonstrate a predisposition to pleading guilty as… |
| 25A293 |
Martin Renteria v. United States |
Fifth Circuit |
2025-09-15 |
Presumed Complete |
|
arrest-warrant criminal-procedure ineffective-assistance probable-cause search-warrant sixth-amendment |
Question not identified. |
| 25-5625 |
Fred Krug v. New Jersey State Parole Board |
New Jersey |
2025-09-12 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure ex-post-facto parole-law retroactive-application sentencing-benefit |
Whether the Ex Post Facto Clause protects against the retroactive removal of a substantial sentencing benefit that is conferred after the date of offe… |
| 25-5618 |
Jamil Jones v. United States |
Ninth Circuit |
2025-09-11 |
Denied |
Response WaivedIFP |
criminal-procedure fifth-amendment mitchell-precedent right-to-silence self-incrimination sentencing |
Whether the failure to apologize or express remorse violates the
Fifth Amendment right to remain silent at sentencing, a question left open by
Mitchel… |
| 25-5619 |
Michael Garrick Denson v. United States |
Eighth Circuit |
2025-09-11 |
Denied |
Response WaivedIFP |
criminal-procedure dangerous-weapon evidence-sufficiency jury-verdict sentencing-enhancement sentencing-guidelines |
1. Whether there was sufficient evidence to sustain the jury verdicts.
2. Whether the court erred in applying a two-level sentencing enhancement for … |
| 25-5580 |
Moises Moreno v. United States |
Ninth Circuit |
2025-09-09 |
Denied |
Response WaivedIFP |
chemical-compound constitutional-rights criminal-procedure due-process forensic-analysis sentencing |
Did David L. Rallens' (act) of sending a Private Investigator Coteban Hearnandez to MEXICO Violate my Constitutional Rights and Due Process law Under … |
| 25-5588 |
Terry Willis v. United States |
Sixth Circuit |
2025-09-09 |
Denied |
Response WaivedIFP |
criminal-procedure judicial-involvement lafler-v-cooper missouri-v-frye plea-negotiations sentencing-exposure |
The district court participated in plea discussions, in violation of Federal Rule Criminal Procedure 11(c)(1), by discussing the merits of a plea offe… |
| 25-5576 |
Nadege Auguste v. United States |
Eleventh Circuit |
2025-09-08 |
Denied |
Response WaivedIFP |
circuit-split criminal-procedure federal-statute money-or-property right-to-control wire-fraud |
I. Do employment and its employee benefits constitute the "money or property" of the employer for the purpose of the federal wire fraud statute, 18 U.… |
| 25-5542 |
Francis Burns v. United States |
Seventh Circuit |
2025-09-04 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process federal-tax-code tax-law taxpayer-bill-of-rights |
1. Was Petitioner, Francis Burns denied his Constitutionally-protected Common Law right under the Taxpayer Bill of Rights where the UNITED STATES OF A… |
| 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… |
| 25A261 |
William Housman v. David W. Sunday, Jr., Attorney General of Pennsylvania |
Third Circuit |
2025-09-04 |
Presumed Complete |
|
certificate-of-appealability criminal-procedure federal-review habeas-corpus state-conviction third-circuit |
Question not identified. |
| 25-247 |
Charles L. Payne, II v. Ohio |
Ohio |
2025-09-03 |
Denied |
|
criminal-procedure due-process fourteenth-amendment prosecutorial-vouching sixth-amendment witness-credibility |
Under the Sixth and Fourteenth Amendments to the United States Constitution, a defendant has a right against a prosecutor or law enforcement vouching … |
| 25-5533 |
Stanton Guillory v. United States |
Fifth Circuit |
2025-09-03 |
Denied |
Response WaivedRelisted (2)IFP |
circuit-split criminal-procedure evidence-admissibility propensity-evidence rule-404b witness-testimony |
Federal Rule of Evidence 404(b) prohibits the use of a defendant's other bad acts to argue he has a propensity to commit a crime. The Government never… |
| 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… |
| 25-5512 |
Robert Andrew Bartlett, Sr. v. North Carolina |
North Carolina |
2025-09-02 |
Denied |
IFP |
constitutional-rights counsel-claim criminal-procedure ineffective-assistance post-conviction-review state-law |
Whether a trial in a state criminal case who is prevented by state law from raising a claim of ineffective assistance of counsel, who has a state law … |
| 25-5513 |
In Re Olamide Olatayo Bello |
|
2025-09-02 |
Dismissed |
Response WaivedIFP |
appellate-jurisdiction criminal-procedure district-court mandamus notice-of-appeal pro-se |
Whether an Appellant that Proceeded On Appeal Pro Se Oriel Intention^ did So and Without a Course/ and (AUfMout Qnj notice <% Appearance fronn arug Co… |
| 25-5515 |
Jessie Smith, III v. United States |
Ninth Circuit |
2025-09-02 |
Denied |
Response WaivedIFP |
brady-disclosure constitutional-safeguards criminal-procedure due-process revocation-hearing supervised-release |
Does the Due Process Clause require that district courts apply the constitutional safeguards of Brady v. Maryland when a defendant faces a revocation … |
| 25A239 |
Demeccio Caston v. Louisiana |
Louisiana |
2025-08-29 |
Presumed Complete |
|
confrontation-clause crawford-precedent criminal-procedure hearsay sixth-amendment testimonial-evidence |
In Petitioner's case, the Louisiana Fourth Circuit Court of Appeals announced a change in prior law that inculpatory hearsay statements made by witnes… |
| 25A244 |
Tremon Staley v. United States |
Eleventh Circuit |
2025-08-29 |
Presumed Complete |
|
appellate-review criminal-procedure eleventh-circuit federal-jurisdiction statutory-interpretation supreme-court-remand |
Question not identified. |
| 25-237 |
Bruce Mason v. Delaware, et al. |
Third Circuit |
2025-08-28 |
Denied |
Response Waived |
brady-violation circuit-split criminal-procedure due-process prosecutorial-disclosure witness-impeachment |
1. Whether the State's failure to disclose that its centerpiece witness was admitted to a psychiatric hospital prior to testifying, which was discover… |
| 25-5490 |
Travis Broeker v. United States |
Eighth Circuit |
2025-08-28 |
Denied |
Response WaivedIFP |
certificate-of-appealability circuit-split constitutional-review criminal-procedure drug-liability judicial-review |
Broeker s case set precedent in the 8th Circuit that undermines "Burrage " presuming any drug deal that precedes a< death causes it and putting the bu… |
| 25-5500 |
Clarence C. Roland, III v. United States |
Fifth Circuit |
2025-08-28 |
Denied |
Response WaivedIFP |
criminal-procedure double-jeopardy due-process evidence-admission fair-trial separate-sovereigns |
1. Whether eliciting the fact and details of a defendant's conviction in a separate sovereign —including that it was for the same conduct and that the… |
| 25-5488 |
Missouri, ex rel. Ricardo Williams v. Thomas C. Albus, Interim United States Attorney |
Missouri |
2025-08-27 |
Denied |
IFP |
constitutional-rights criminal-procedure domestic-assault due-process protection-order sixth-amendment |
Where the State violate the Fifth, Sixth and Fourteenth Amendments to the United States Constitution, which prohibit the deprivation of "life, liberty… |
| 25-5470 |
Hombra Lavail Williams v. United States |
Eighth Circuit |
2025-08-26 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
criminal-procedure district-court-discretion esteras-precedent sentencing-factors statutory-interpretation supervised-release |
Whether, in light of this Court's decision in Esteras v. United States, 145 S. Ct. 2031 (2025) and in order to maintain uniform application of this Co… |
| 25A220 |
Roberto Lopez-Ortiz v. Massachusetts |
Massachusetts |
2025-08-26 |
Presumed Complete |
|
appellate-review criminal-procedure discretionary-review due-process state-court time-extension |
Question not identified. |
| 25A225 |
Terrance Douglas Baker v. United States |
Ninth Circuit |
2025-08-26 |
Presumed Complete |
|
appellate-review criminal-procedure due-process mandate-compliance sentence-modification sentencing-enhancement |
Question not identified. |
| 25A226 |
Eric C. Burgie v. Arkansas |
Arkansas |
2025-08-26 |
Presumed Complete |
|
capital-murder claim-preclusion criminal-procedure jurisdictional-challenge res-judicata underlying-felony |
Question not identified. |
| 25-222 |
Victor Everette Silvers v. United States |
Sixth Circuit |
2025-08-25 |
Denied |
Amici (1)Response RequestedResponse WaivedRelisted (2) |
criminal-procedure fifth-amendment judicial-notice maritime-jurisdiction sixth-amendment trial-by-jury |
Certain federal criminal offenses under Title 18 of the United States Code, including under § 1(b) (murder), § 1113 (attempted murder or manslaughter)… |
| 25-5465 |
David Nicholson v. United States |
Fifth Circuit |
2025-08-25 |
Denied |
Response WaivedIFP |
constructive-possession controlled-substance criminal-procedure dominion-and-control intent-to-distribute post-offense-admission |
Whether a conviction under 21 U.S.C. § 841 for possession with intent to distribute a controlled substance can be sustained based solely on (1) constr… |
| 25-219 |
Jay Warren Arnold v. Texas |
Texas |
2025-08-22 |
Denied |
|
constitutional-challenge criminal-procedure due-process habeas-corpus right-to-counsel sixth-amendment |
Is the statute under which the Texas Court of Criminal Appeals dismissed petitioner's application for writ of habeas corpus, Texas Code of Criminal Pr… |
| 25-5435 |
Antuan L. Wynn v. United States |
Sixth Circuit |
2025-08-22 |
Denied |
Response WaivedIFP |
conspiracy-law constitutional-rights criminal-procedure drug-trafficking due-process evidence-standard |
Whether charging a single conspiracy with proof of a chain of distribution relationships, and without proof that a defendant agreed to join the broade… |
| 25-5444 |
Steven Wilson v. United States |
Third Circuit |
2025-08-22 |
Denied |
Response WaivedIFP |
criminal-procedure dismissed-charges district-court judicial-review sentencing-colloquy third-circuit |
WHETHER THE THIRD CIRCUIT ERRED IN DETERMINING THAT THE SENTENCING COLLOQUY OF THE DISTRICT COURT DID NOT UNAMBIGUOUSLY SHOW THE DISTRICT COURT CONSID… |
| 25-5446 |
Javier Perez v. United States |
Ninth Circuit |
2025-08-22 |
Denied |
Response WaivedIFP |
bodily-injury criminal-procedure enhancement-standard judicial-discretion legal-interpretation sentencing-guidelines |
Should application of the four-level sentencing enhancement for "permanent or life-threatening bodily injury" under U.S.S.G. § 2A2.1(b)(1)(A) require … |
| 25A213 |
In Re Gavin B. Davis |
Fifth Circuit |
2025-08-22 |
Presumed Complete |
|
constitutional-rights criminal-procedure faretta-waiver pro-se-representation right-to-counsel sixth-amendment |
If a criminal defendant is forced against their will to proceed in propia persona absent a bona fide unequivocal Faretta waiver, while timely and dili… |
| 25-5427 |
Rufus E. Dennis v. United States |
Eighth Circuit |
2025-08-21 |
Denied |
Response WaivedIFP |
base-offense-level criminal-procedure district-court hobbs-act sentencing-guidelines upward-variance |
1. Did the Defendant "possess" a handgun for the purposes of the
sentencing court assessing a 5 point level increase to his base offense level,
pursua… |
| 25-5429 |
Anthony Brian Walker v. United States |
Tenth Circuit |
2025-08-21 |
Denied |
Response WaivedIFP |
affirmative-defense criminal-procedure jury-instructions self-defense sua-sponte substantial-evidence |
1. In a criminal prosecution, when an affirmative defense—such as imperfect self-defense—is supported by substantial evidence, does the trial court ha… |
| 25A204 |
Jairo Arnaldo Jacome v. United States |
Fourth Circuit |
2025-08-20 |
Presumed Complete |
|
criminal-procedure fourth-circuit jury-instructions plain-error rico-conspiracy substantial-rights |
Question not identified. |
| 25-5396 |
Gregory K. Parks v. Jamie Bullard, Warden |
Fourth Circuit |
2025-08-19 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process ineffective-assistance jury-instructions trial-counsel |
t^VA - jo pAVcrA "Me GovemmenA anl Me flnieA rr)en~f n^M"J,
cinooSe. 4t> use leyA glSl&inct. 4o comply unM lU Rr$A rfme^AmenV
t^VA - jo pAVcrA "Me G… |
| 25-5398 |
Ricky L. Miller, Jr. v. Tom McGinley, Superintendent, State Correctional Institution at Coal Township, et al. |
Third Circuit |
2025-08-19 |
Rehearing |
Relisted (2)IFP |
constitutional-rights criminal-procedure due-process fourteenth-amendment jury-trial sixth-amendment |
(1)
DID THE THIRD CIRCUIT COURT OF APPEALS IN VIOLATION OF A
MYRIAD OF SUPREME COURT SIXTH AMENDMENT RIGHT TO
TRIAL BY JURY PRECEDENTS MISAPPREHEND … |
| 25-200 |
Kevin Salvador Golphin v. North Carolina |
North Carolina |
2025-08-19 |
Denied |
Response Waived |
constitutional-law criminal-procedure eighth-amendment juvenile-sentencing life-without-parole sentencing-discretion |
Whether North Carolina, in conflict with this Court's precedents and those of other states, has violated the Eighth Amendment by creating a de facto m… |
| 25-5400 |
Andrew Charles Beard v. United States |
Fifth Circuit |
2025-08-19 |
Rehearing |
Response WaivedRelisted (5)IFP |
constitutional-claim criminal-procedure federal-prosecution plea-waiver sentencing-enhancement statutory-construction |
1. Whether challenging an invalid 18 U.S.C. §924(c) conviction is a "constitutional claim" that extinguishes the government's power to enforce defenda… |
| 25-5404 |
Darren Smith v. United States |
Second Circuit |
2025-08-19 |
Denied |
Response WaivedIFP |
acceptance-of-responsibility criminal-procedure mitigation-arguments official-victim-enhancement procedural-error sentencing-guidelines |
Whether a district court commits procedural error under 18 U.S.C. § 3553, Rita v. United States, 551 U.S. 338 (2007), and Gall v. United States, 552 U… |
| 25-5406 |
Malgum Whiteside, Jr. v. United States |
Sixth Circuit |
2025-08-19 |
Denied |
Response WaivedIFP |
criminal-procedure evidence-suppression fourth-amendment law-enforcement probable-cause search-warrant |
I. Mr. Whiteside moved to suppress the evidence related to the firearms because the affidavit did not establish a nexus. Did the district court improp… |
| 25A196 |
Gustavo Tijerina Sandoval v. Texas |
Texas |
2025-08-19 |
Presumed Complete |
|
appellate-review capital-murder criminal-procedure due-process life-sentence texas-criminal-law |
Question not identified. |
| 25-5387 |
Robert Narvett v. United States |
Seventh Circuit |
2025-08-18 |
Denied |
Response WaivedIFP |
appeal-waiver constitutional-rights criminal-procedure due-process plea-agreement rule-11-hearing |
Did the Appeals Court error by claiming Movants substantial rights were not affected after conceeding that the District Court accepted the Movants ple… |
| 25-5376 |
Wesley Swick v. United States |
Fifth Circuit |
2025-08-15 |
Pending |
IFP |
criminal-procedure federal-law fugitive-tolling habeas-corpus sentencing supervised-release |
I. Whether the fugitive-tolling doctrine applies in the context of supervised release. Rico v. United States, No. 24-1056, presents the same question. |
| 25-5383 |
Oscar Barrios v. United States |
Fifth Circuit |
2025-08-15 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
appellate-review constitutional-violation criminal-procedure double-jeopardy judicial-discretion plain-error |
Whether the absence of a binding, on-point decision of either this Court, or of the reviewing court of appeals, is enough to preclude the potential fo… |
| 25-5356 |
Oscar Oropeza v. Hector Rios, Warden, et al. |
Tenth Circuit |
2025-08-14 |
Denied |
IFP |
compulsory-process constitutional-rights criminal-procedure cross-examination due-process witness-testimony |
Question not identified. |
| 25-5362 |
Nathaniel Blancher v. United States |
Eleventh Circuit |
2025-08-14 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure evidentiary-hearing guilty-plea ineffective-assistance plea-agreement |
Whether a guilty plea becomes knowing, intelligent, and voluntary when the plea agreement inaccurately describes the penalty provision of the statute … |
| 25-5365 |
Omar Alonso Pazos-Montes v. United States |
Fifth Circuit |
2025-08-14 |
Denied |
Response WaivedIFP |
criminal-procedure due-process felony-conviction immigration-law jury-trial sentencing-enhancement |
Whether the existence of a pre-removal felony conviction under 8 U.S.C. § 1326(b) is an element of an enhanced offense that must be proven to a jury b… |
| 25-5367 |
Clevern A. Granger v. Andrea Tack, Warden |
Fifth Circuit |
2025-08-14 |
Denied |
Response WaivedRelisted (2)IFP |
appellate-review civil-rights constitutional-rights criminal-procedure due-process habeas-corpus |
Question not identified. |
| 25-5336 |
Terrell McCoy v. Stephen Duncan, Warden |
Fourth Circuit |
2025-08-13 |
Denied |
Response WaivedIFP |
amendment constitutional-rights counsel criminal-procedure due-process evidence |
Question not identified. |
| 25-5341 |
Kenneth Jeremy Laird v. Ryan Thornell, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. |
Ninth Circuit |
2025-08-13 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure eighth-amendment juvenile-sentencing sentencing-discretion supreme-court-precedent |
In 1994, an Arizona judge sentenced Mr. Laird to death for a murder conviction and a total of 129 years in prison for 13 other nonhomicide crimes. Mr.… |
| 25-5342 |
Raymond Arthur Verrill v. United States |
Fifth Circuit |
2025-08-13 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure judicial-discretion plain-error sentencing-guidelines sentencing-standard |
Some sentencing judges routinely assert that they would have selected the exact same sentence regardless of any error in applying the Sentencing Guide… |
| 25-5343 |
Kendrick Jarrell Beaird v. United States |
Fifth Circuit |
2025-08-13 |
Pending |
IFP |
constitutional-law criminal-procedure federal-sentencing-guidelines firearms-regulation second-amendment statutory-interpretation |
I. Whether 18 U.S.C. § 922(g)(1) comports with the Second Amendment?
II. Whether Stinson v. United States still accurately state the level of deferen… |
| 25-5344 |
Elliot Maurice Browning v. United States |
Fourth Circuit |
2025-08-13 |
Denied |
Response WaivedIFP |
armed-criminal-act constitutional-interpretation criminal-procedure harmless-error jury-determination sentencing-enhancement |
DOES THE COURT'S DECISION IN ERLINGER V. UNITED STATES , 602 U.S. 821 144 S.CT. 1840 _ L.ED.2D_(2024) REQUIRING THAT A JURY PASS ON THE THREE SEPARATE… |
| 25-5345 |
Arturo Navarro-Zuniga v. United States |
Ninth Circuit |
2025-08-13 |
Denied |
Response WaivedIFP |
confession-admissibility criminal-procedure law-review miranda-warning objective-effectiveness subjective-intent |
In Missouri v. Seibert, 542 U.S. 600 (2004), the Court issued a fractured decision regarding "midstream Miranda warnings," i.e., when police question … |
| 25-5325 |
Robert W. Hassett, III v. Delaware |
Delaware |
2025-08-12 |
Denied |
Relisted (2)IFP |
capital-sentencing constitutional-amendments criminal-procedure death-penalty due-process jury-instructions |
1. Whether the Eighth^hdil '4th Amendments to the United States Constitution are violated,
and this Court 's holdings are contradicted, 1 when a cour… |
| 25-166 |
Jose Joya Parada, Oscar Armando Sorto Romero, Milton Portillo Rodriguez, and Juan Carlos Sandoval Rodriguez v. United States |
Fourth Circuit |
2025-08-12 |
Denied |
Amici (6)Response RequestedResponse WaivedRelisted (2) |
constitutional-interpretation criminal-procedure jury-size jury-trial-right nonunanimous-jury sixth-amendment |
Whether the Court should overrule Williams v. Florida, 399 U.S. 78 (1970). |
| 25-5329 |
Duane Gary Underwood, II v. United States |
Sixth Circuit |
2025-08-12 |
Denied |
Response WaivedIFP |
criminal-procedure motion-to-suppress other-acts-evidence reasonable-suspicion search-and-seizure voir-dire |
I. Mr. Underwood challenged his seizure and search because there was no reasonable suspicion to justify the detention and search. Did the court err in… |
| 25-5309 |
Tedor Davido v. Laurel Harry, Secretary, Pennsylvania Department of Corrections, et al. |
Third Circuit |
2025-08-08 |
Pending |
IFP |
criminal-procedure due-process false-testimony probable-cause self-representation warrant-exception |
1. In light of this Court's recent grant of certiorari in Case v. Montana to resolve the question of whether the emergency aid exception to the warran… |
| 25A166 |
Jason Elysse v. Florida |
Florida |
2025-08-07 |
Presumed Complete |
|
continuance-motion criminal-procedure ineffective-assistance right-to-counsel sixth-amendment trial-court-discretion |
Question not identified. |
| 25-5279 |
Evan McCarrick Jerald v. Arizona |
Arizona |
2025-08-05 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
constitutional-law criminal-procedure eighth-amendment juvenile-sentencing life-without-parole sentencing-guidelines |
Under Graham v. Florida, the Eighth Amendment "prohibits the imposition of a life without parole sentence on a juvenile offender who did not commit ho… |
| 25-5282 |
Jackson Daniel Bowers v. United States |
Ninth Circuit |
2025-08-05 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process jury-trial sixth-amendment supervised-release |
In United States v. Haymond , 139 S. Ct. 2369 (2019) , a 4-1-4 decision, this Court left undecided the question of how the Sixth Amendment's jury -tri… |
| 25-5283 |
Deandre Blackman v. United States |
Sixth Circuit |
2025-08-05 |
Denied |
Response WaivedIFP |
criminal-procedure judicial-discretion revocation-hearing sentencing-factors statutory-interpretation supervised-release |
Whether courts may rely on the 18 U.S.C. § 3553(a)(2)(A) factors when determining the length and conditions of additional supervision following a supe… |
| 25A145 |
Jeremy Baum v. Missouri |
Missouri |
2025-08-05 |
Presumed Complete |
|
appellate-review criminal-procedure due-process jury-instructions sexual-trafficking sufficiency-of-evidence |
Question not identified. |
| 25-5257 |
Eric Sean Roloson v. Washington |
Washington |
2025-08-01 |
Denied |
Response WaivedIFP |
criminal-procedure due-process involuntary-plea plea-bargaining prosecutorial-misconduct sentencing-alternative |
Whether the State's misrepresentation that the victims would support a SSOSA rendered Petitioner's plea involuntary, in violation of the Due Process C… |
| 25-111 |
Timothy Carver v. United States |
Sixth Circuit |
2025-07-30 |
Denied |
Response Waived |
criminal-procedure due-process expert-testimony insanity-defense mental-defect neurodegenerative-disease |
1. Whether the appellate court erred in affirming the district court's rejection of Mr. Carver's insanity defense, where expert medical testimony esta… |
| 25-5238 |
In Re Dennis Griffith |
|
2025-07-30 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process effective-counsel fair-trial legal-access |
Does cl iHValiJ usurer ot Counsel hearing and no access to fke. Courts, don^ aJ+k etker ~
pcetrid violations o'? Conrhtutiond rigkts 5cJ Compulsory p… |
| 25A125 |
Markeisha Elliott v. Shannon Olds, Warden |
Sixth Circuit |
2025-07-30 |
Presumed Complete |
|
criminal-procedure due-process ineffective-assistance jury-instructions murder-conviction sixth-amendment |
Question not identified. |
| 25-5225 |
Manuel Vega v. United States |
Ninth Circuit |
2025-07-29 |
Denied |
Response WaivedIFP |
criminal-procedure multiple-violations prison-term sentencing statutory-interpretation supervised-release |
A court, in imposing sentence upon a criminal
defendant, may include as part of the sentence a term of
supervised release. If the defendant violates t… |
| 25-5227 |
Derrick Kellen Mitchell v. United States |
Sixth Circuit |
2025-07-29 |
Denied |
Response WaivedIFP |
criminal-procedure district-court due-process guilty-plea plea-understanding sixth-circuit |
I. Should the Court grant certiorari to consider if the Sixth
Circuit has improperly deviated from this Court's
requirement, grounded in the Due Proce… |
| 25-5230 |
Victor Samuel Brito v. United States |
Ninth Circuit |
2025-07-29 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fifth-amendment jury-instruction necessity-defense sixth-amendment |
Whether the Fifth and Sixth Amendments guarantee a criminal defendant the right to have a jury consider and give effect to a necessity defense when th… |
| 25A124 |
Steven Nicholas Fulton v. United States |
Fourth Circuit |
2025-07-29 |
Presumed Complete |
|
appellate-reversal criminal-procedure felony-status jury-instruction prior-conviction standard-of-review |
Whether a Court of Appeals may reinstate a jury verdict where the judge omitted a critical legal instruction to the jury on an element of the offense … |
| 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… |
| 25-5207 |
Jessica Salazar v. United States |
Ninth Circuit |
2025-07-28 |
Denied |
Response WaivedIFP |
circuit-split criminal-procedure due-process first-amendment prosecutorial-misconduct religious-freedom |
In the criminal trial of Jessica Salazar, the prosecutor placed repeated emphasis on Ms. Salazar's request for a prayer. It was the first line of the … |
| 25-5210 |
Lisa Marie Perez, fka Lisa Marie Belyew v. Lavelle Parker, Warden |
Ninth Circuit |
2025-07-28 |
Denied |
Response WaivedIFP |
counsel-competence criminal-procedure due-process ineffective-assistance mental-coercion plea-bargaining |
1) wynether, bo etal a videdton of ritlaredl V. WashingIon, Aloo US. % (14) a defendant nust snow 'Anak dw was competent to tao mK Peo Wriroud Mantel … |
| 25-5212 |
Jacquel O'Neal v. Texas |
Texas |
2025-07-28 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure effective-assistance jury-instruction sixth-amendment statutory-defense |
Does the Sixth Amendment's guarantee of effective assistance of counsel require an attorney to request a jury instruction on the sole statutory defens… |
| 25-5213 |
Cimeon Dion Williams v. United States |
Fifth Circuit |
2025-07-28 |
Denied |
Response WaivedIFP |
acceptance-of-responsibility constitutional-principles criminal-procedure mental-illness post-plea-misconduct sentencing-guidelines |
Whether a district court may deny a reduction for acceptance of responsibility under USSG § 3E1.1 based solely on uncorroborated allegations of post p… |
| 25-5200 |
Isaias Lopez Nunez v. Martin Gamboa, Warden |
Ninth Circuit |
2025-07-25 |
Denied |
Response WaivedIFP |
criminal-procedure ex-post-facto ineffective-assistance ninth-circuit procedural-default sentencing |
(1) Whether the California courts' and Ninth Circuit's rejection of an Ex Post Facto Clause claim—where a more punitive law was applied at sentencing,… |
| 25-5191 |
Steven Edward Stein v. Florida |
Florida |
2025-07-24 |
Denied |
IFP |
brady-violation criminal-procedure due-process evidence-suppression materiality-standard prosecutorial-misconduct |
1. Whether the Florida Supreme Court's determination that "equally accessible" evidence has not been suppressed by the State is contrary to Brady and … |
| 25-85 |
Alireza Bakhtiari v. United States |
Eighth Circuit |
2025-07-23 |
Denied |
Response Waived |
actual-innocence circuit-split coram-nobis criminal-procedure due-process habeas-waiver |
1) This Court holds a defendant's right to plead guilty knowingly, voluntarily and intelligently in highest regard and comes back to it once every dec… |
| 25-5176 |
Mario Gabriel Rodgers v. United States |
Fifth Circuit |
2025-07-23 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure due-process fifth-amendment sixth-amendment statutory-interpretation |
Does 18 U.S.C. § 3583(g) comport with the Fifth and Sixth Amendments? |
| 25-5180 |
Sherrod Anthony Wright v. Florida |
Florida |
2025-07-23 |
Denied |
Response WaivedIFP |
criminal-procedure defendant-rights jury-trial sixth-amendment state-court waiver |
Whether the ancient right enshrined in the Sixth Amendment to trial by a twelve-member jury applies to a state court trial for major felonies where th… |
| 25-5168 |
John E. Jackson v. United States |
Third Circuit |
2025-07-22 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
constitutional-law criminal-procedure double-jeopardy due-process punishment sentencing |
John Jackson fully completed his sentence while the government's second appeal was still pending. He argued at the third and fourth sentencings that t… |
| 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. … |
| 25-5154 |
Elijah Muhammad v. United States |
Fifth Circuit |
2025-07-21 |
Denied |
Response WaivedIFP |
appellate-review breach-of-contract criminal-procedure due-process four-corners-doctrine plea-agreement |
1. Whether a court should only look at the "four corners" of the plea agreement language when determining whether a breach of the plea agreement occur… |
| 25-72 |
James Randall Moehle v. Florida |
Florida |
2025-07-21 |
Denied |
Response WaivedRelisted (3) |
constitutional-mandate criminal-procedure felony-trial jury-composition sixth-amendment williams-precedent |
Whether this Court should reevaluate its decision in Williams v. Florida, 399 U.S. 78 (1970), and hold that twelve-person juries are constitutionally … |
| 25A78 |
Benny Lee Hodge v. Laura Plappert, Warden |
Sixth Circuit |
2025-07-21 |
Presumed Complete |
|
constitutional-review criminal-procedure en-banc federal-review habeas-corpus sixth-circuit |
Question not identified. |
| 25-5146 |
Ahmad Abouammo v. United States |
Ninth Circuit |
2025-07-18 |
Pending |
Amici (6)Relisted (2)IFP |
criminal-procedure federal-rules indictment prosecutorial-discretion statute-of-limitations venue-statute |
1. Whether venue is proper in a district where no offense conduct took place, so long as the statute's intent element "contemplates" effects that coul… |
| 25-5149 |
Jerrell Sims v. United States |
Fifth Circuit |
2025-07-18 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure imprisonment reasonableness sentencing-review supervised-release |
Whether sentences of imprisonment following the revocation of supervised release should be reviewed for reasonableness or plain unreasonableness? |
| 25-5151 |
J. Ines Ruiz-Rivera v. United States |
Ninth Circuit |
2025-07-18 |
Denied |
Response WaivedIFP |
confession-admissibility criminal-procedure due-process harmless-error ninth-circuit supreme-court-precedent |
Whether courts should follow the direction of Fulminante and use "extreme caution" before finding the admission of a confession is harmless error. |
| 25-5137 |
Joel Salcedo v. United States |
Ninth Circuit |
2025-07-17 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process habeas-corpus sixth-amendment speedy-trial |
Whether Mr. Salcedo was deprived of his right to a speedy trial in violation of his Sixth Amendment Guarantee by the United States Constitution. |
| 25-5144 |
Gregory Michael Hawes v. Seth Norris, Warden |
Wyoming |
2025-07-17 |
Denied |
Response WaivedIFP |
burden-of-proof circuit-split constitutional-rights criminal-procedure due-process mandatory-minimum |
Whether this Court should resolve a 9'8 split amongst State Courts of Last Resort, when rulings, influenced by this Courts decisions, unconstitutional… |
| 25-5119 |
Steven Dwayne Rigmaiden v. Louisiana |
Louisiana |
2025-07-16 |
Denied |
Response WaivedIFP |
criminal-appeal criminal-procedure louisiana-courts murder-evidence reasonable-doubt sufficiency-of-evidence |
WHETHER THE LOUISIANA COURT OF APPEALS AND THE LOUISIANA SUPREME COURT ERRED WHEN IT DENIED PETITIONER'S CLAIM RAISED ON DIRECT APPEAL, THAT THE EVIDE… |
| 25-5121 |
Torris Bernard Hill v. Florida |
Florida |
2025-07-16 |
Denied |
IFP |
14th-amendment 5th-amendment constitutional-rights criminal-procedure due-process evidence-standards |
Was Petitioner's fundamental 5th and 14th Amendment Constitutional due process right violated by the Court when the prosecutor failed to prove prior j… |
| 25-5122 |
Raheem Brown v. United States |
Third Circuit |
2025-07-16 |
Denied |
Response WaivedIFP |
criminal-procedure fair-trial fourteenth-amendment ineffective-assistance-of-counsel right-to-testify sixth-amendment |
Is a criminal defendant's Sixth and Fourteenth Amendment right to testify and to receive a fair trial abridged where trial counsel announces to the ju… |
| 25-5115 |
Gregory Kurzajczyk v. United States |
Second Circuit |
2025-07-15 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure fourth-amendment probation-search supervised-release suspicionless-search |
Should the Court should grant the petition in order to resolve a conflict among the Courts of Appeals as to whether a probation officer's suspicionles… |
| 25-5116 |
Mark Ellis v. United States |
Sixth Circuit |
2025-07-15 |
Denied |
Response WaivedIFP |
criminal-procedure drug-trafficking due-process evidence-sufficiency firearm-possession reasonable-doubt |
I. DUE PROCESS REQUIRES SUFFICIENT EVIDENCE TO ALLOW A RATIONAL JURY TO FIND GUILT BEYOND A REASONABLE DOUBT. WHERE THE EVIDENCE THAT A FIREARM WAS PO… |
| 25-54 |
David Lynn Richards, Jr. v. Tennessee |
Tennessee |
2025-07-15 |
Denied |
Response Waived |
adoption criminal-procedure due-process ministerial-status sexual-abuse wrongful-conviction |
Question not identified. |
| 25-5106 |
Milad Shaker v. United States |
Third Circuit |
2025-07-15 |
Denied |
Response WaivedIFP |
constitutional-claims criminal-procedure due-process fraud-on-court jurisdictional-nullity post-conviction-relief |
1. Whether a court may impose sentencing or supervised
release after dismissing a criminal case under Federal
Rule of Criminal Procedure 48(a) , whe… |
| 25-5112 |
Brian Lee Corbett v. United States |
Fourth Circuit |
2025-07-15 |
Denied |
Response WaivedIFP |
criminal-procedure district-court judicial-discretion rule-35 sentencing supervised-release |
In this case, the district court held a hearing at which it revoked Corbett's term of supervised release and imposed a term of imprisonment as a resul… |
| 25-5093 |
Hector Manuel Nunez-Cardenas v. United States |
Fifth Circuit |
2025-07-14 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure felony-conviction immigration-law jury-trial sentencing-enhancement |
Whether the existence of a pre-removal felony conviction under 8 U.S.C. § 1326(b) is an element of an enhanced offense that must be proven to a jury b… |
| 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… |
| 25-5076 |
Shomari Legghette v. Illinois |
Illinois |
2025-07-10 |
Denied |
Response WaivedIFP |
appellate-representation constructive-denial criminal-procedure due-process ineffective-assistance sixth-amendment |
I. Whether defense Counsel's absence at a critical stage constructively denied representation as guaranteed by the sixth amendment.
II. Whether appoi… |
| 25-30 |
Marvin Keith Stitt v. City of Tulsa, Oklahoma |
Oklahoma |
2025-07-09 |
Denied |
|
congressional-authority criminal-jurisdiction criminal-procedure indian-country indian-law tribal-sovereignty |
Whether a state may exercise criminal jurisdiction over an Indian for conduct in Indian country absent a valid congressional grant of authority. |
| 25-5065 |
In Re Derrick L. Johnson |
|
2025-07-09 |
Denied |
Relisted (2)IFP |
actual-innocence constitutional-review criminal-procedure habeas-corpus judicial-jurisdiction preponderance-of-evidence |
REffiritenfs WflV'F tefilioN&tJfJ COMl^V^LAMof^CoiJ^ifoMoF^ Utifeb
CeuRfUftS ToRiSblClioiU Mteiu REfrfion/EA SEEK^AiJEublCATfBfJo^TffS Mer/1s QFUM
Pe… |
| 25-5068 |
Dwayne Anderson v. Ohio |
Ohio |
2025-07-09 |
Denied |
IFP |
bill-of-particulars constitutional-rights criminal-procedure due-process fifth-amendment fourteenth-amendment |
1. Was Dwayne Anderson 's right to be informed of the nature and cause of the
accusation against him violated when the state failed to provide him a … |
| 25-5070 |
Kedrick Johnson v. Louisiana |
Louisiana |
2025-07-09 |
Denied |
Response WaivedIFP |
brady-violation criminal-procedure evidence-disclosure forfeiture-by-wrongdoing legal-disclosure witness-testimony |
Did the State violate Brady v. Maryland when it failed to disclose a June 8, 2010, supplemental police report that would have made key witness Stephen… |
| 25-5042 |
Deshawn Demarcus House v. Jeff Long, Warden, et al. |
Tenth Circuit |
2025-07-08 |
Denied |
Relisted (2)IFP |
competency-to-stand-trial criminal-procedure due-process habeas-corpus judicial-inquiry mental-health |
Question not identified. |
| 25-5044 |
Robert Baise, Jr. v. Phillip Mitchell, Warden, et al. |
Eleventh Circuit |
2025-07-08 |
Denied |
Relisted (2)IFP |
alabama-criminal-code conviction-enhancement criminal-procedure misdemeanor-classification presumptive-sentencing sentencing-enhancement |
Whether Baise conviction's count 104A to 5 and a misdemeanor charge count 093. |
| 25-5048 |
Jeremy Wayne Holt v. Oklahoma |
Oklahoma |
2025-07-08 |
Denied |
IFP |
criminal-procedure discovery-violation due-process hearsay-evidence sixth-amendment speedy-trial |
1. Does a delay of seven years from alleged criminal act to trial trigger the presumption of prejudice under Doggett v. United States, 505 U.S. 647 (1… |
| 25A19 |
Adrian Goudelock v. United States |
Second Circuit |
2025-07-08 |
Presumed Complete |
|
appellate-review criminal-procedure jury-selection party-presentation prosecutorial-theory wholesale-exclusion |
This case presents exceptionally important questions relating to the principle of party presentation and the extent to which federal courts of appeals… |
| 25-5058 |
Jose Manuel Ayala-Alas v. United States |
Fifth Circuit |
2025-07-08 |
Denied |
Response WaivedIFP |
criminal-procedure discovery-violation due-process fair-trial interpreter-rights sentencing-enhancement |
1. Whether the district court violated Mr. Ayala-Alas's due process rights by requiring him to proceed to trial with only a Spanish interpreter despit… |
| 25-5028 |
Michael Blake DeFrance v. United States |
Ninth Circuit |
2025-07-03 |
Denied |
Response WaivedRelisted (2)IFP |
bipartisan-safer-communities-act criminal-procedure domestic-violence federal-law statutory-interpretation subject-matter-jurisdiction |
Question 1: Whether the relationships listed in 18 USC §921(a)(33)(A) defining misdemeanor crime of domestic violence serve both jurisdictional and su… |
| 25-5029 |
Damon D. Williams v. United States |
Eighth Circuit |
2025-07-03 |
Denied |
Response WaivedIFP |
abuse-of-discretion attempted-robbery criminal-procedure fifth-amendment sentencing-guidelines sixth-amendment |
I.
When imposing maximum , consecutive sentenc es for two convictions for
attempted interference with commerce by robbery (18 U.S.C. § 1951) —aris… |
| 25-5010 |
Timothy Lynn Allen v. United States |
Fifth Circuit |
2025-07-02 |
Denied |
Response WaivedIFP |
circuit-split criminal-procedure fourth-amendment suppression-motion terry-stop vehicle-search |
Did the lower courts err in finding that the search of petitioner's vehicle was justified under Terry v. Ohio, 392 U.S. 1 (1968), and does the Fifth C… |
| 25-1 |
James Skinner v. Louisiana |
Louisiana |
2025-07-01 |
Pending |
Amici (7)Relisted (5) |
brady-violation criminal-procedure due-process evidence-withholding judicial-precedent post-conviction-relief |
Did Louisiana courts err in refusing to apply Wearry to Mr. Skinner's Brady claims? |
| 25-5002 |
Juan Carlos Garridoaguilar v. California |
California |
2025-07-01 |
Denied |
IFP |
burden-of-proof criminal-procedure fourth-amendment search-and-seizure traffic-stop warrantless-search |
A police officer recovered a firearm when he conducted a warrantless search of the passengers of a car stopped for a registration violation. Was it er… |
| 24-7522 |
Rachael Lynn Boehme v. Oregon |
Oregon |
2025-06-30 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process ineffective-assistance-of-counsel pro-se-representation sixth-amendment |
When trial court would neither agree to relieve defense counsel, even after he took positions that were plainly adverse to his client, nor permit the … |
| 24-7529 |
Matthew Carter v. United States |
Eighth Circuit |
2025-06-30 |
Denied |
Response WaivedRelisted (2)IFP |
conviction-review criminal-procedure due-process habeas-corpus sentencing statutory-interpretation |
fr) NMKkew CofVcr W<ed bu Ae-Udriue
EoUCS(5a' -> '
UXs McxW^ 'Cuo CmW U\ecyA\^ Sei-z^A as\d< seoccUeA oi\
V^ccejub-ex 31^ 2X>ZO <xac)< ^\aou\cL "tVvS… |
| 24-7520 |
Salvador Nolasco Romero v. United States |
Tenth Circuit |
2025-06-27 |
Denied |
Response WaivedIFP |
circuit-split criminal-procedure district-court guilty-plea judicial-discretion legal-error |
At a change of plea hearing, Mr. Romero's testimony established every element of his offense. Although Mr. Romero further testified that his motivatio… |
| 24-7521 |
Anthony D. Williams v. United States |
Fourth Circuit |
2025-06-27 |
Denied |
Response WaivedIFP |
criminal-procedure due-process government-burden revocation-hearing supervised-release witness-absence |
WHETHER MR. WILLIAMS DUE PROCESS RIGHTS REQUIRING THE GOVERNMENT TO SHOW GOOD CAUSE FOR A WITNESS'S ABSENCE FROM A SUPERVISED RELEASE REVOCATION HEARI… |
| 24-7505 |
Donald Evans v. Jasen Bohinski, Superintendent, State Correctional Institution at Dallas, et al. |
Third Circuit |
2025-06-26 |
Denied |
IFP |
criminal-procedure double-jeopardy ex-post-facto sentencing-guidelines statutory-interpretation subject-matter-jurisdiction |
1) DID THE COURT VIOLATE PETITIONER'S 6TH AND 14TH AMENDMENT CONSTITUTIONAL RIGHTS VIA REFUSING TO GRANT PETITIONER'S REQUEST FOR A CONTINUANCE TO WHE… |
| 24-7509 |
Jacob Mathias Rubinstein v. Eric Rardin, Warden |
Sixth Circuit |
2025-06-26 |
Denied |
Response WaivedIFP |
criminal-procedure custody-credit detention-definition federal-statute legal-restrictions statutory-interpretation |
1. Does "official detention" under 18 U.S.C. §3585(b) include, in addition to "detention" under 18 U.S.C. §3142(e), restrictive forms of "release" und… |
| 24-7512 |
In Re Walter Drummond |
|
2025-06-26 |
Dismissed |
Relisted (3)IFP |
constitutional-rights criminal-procedure due-process evidence-suppression miranda-rights unlawful-arrest |
Question not identified. |
| 24-7496 |
Allen Odell Woods v. Keithe Turner, Warden |
Fifth Circuit |
2025-06-25 |
Denied |
Response WaivedIFP |
brady-violation constitutional-claim criminal-procedure ineffective-assistance prosecutorial-misconduct witness-impeachment |
Was counsel's performance deficient when counsel failed to raise a Brady claim concerning Cellphone Transcripts, Fingerprint Analysis Reports, and Sup… |
| 24-7498 |
Dasahn Crowder v. Massachusetts |
Massachusetts |
2025-06-25 |
Denied |
Response WaivedIFP |
bruen-decision constitutional-rights criminal-procedure double-jeopardy ex-post-facto second-amendment |
In 2012, the Massachusetts Supreme Judicial Court (SJC) upheld the constitutionality of a statutory scheme in which licensure was an affirmative defen… |
| 24-7478 |
Shaquan Dannard McCall v. United States |
Fourth Circuit |
2025-06-23 |
Denied |
Response WaivedIFP |
appeal-waiver constitutional-rights criminal-procedure defendant-rights due-process plea-agreement |
1. ISA DEFEDANTS RIGHT TO DUE PROCESS OF LAW VIOLATED WHEN
THE GOVERNMENT REQUIRES AN APPEAL WAIVER AS PART OF A
PLEA AGREEMENT? |
| 24-7460 |
Alvin Porterie, Jr. v. United States |
Fifth Circuit |
2025-06-18 |
Denied |
Response WaivedIFP |
armed-career-criminal-act circuit-split criminal-procedure overbreadth-doctrine state-conviction statutory-interpretation |
Whether a defendant challenging a prior state conviction under the Armed Career Criminal Act must produce actual state court decisions showing non-gen… |
| 24-7463 |
Mark Christian Wroblewski v. United States |
District of Columbia |
2025-06-18 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
criminal-procedure executive-discretion mandamus-petition prosecutorial-discretion rule-48-dismissal standing-doctrine |
Following the Executive Order of January 20, 2025, Granting Pardons and Commutation of Sentences for Certain Offenses Relating to the Events at or Nea… |
| 24-7466 |
Patrick Joseph Duncan, Jr. v. United States |
Ninth Circuit |
2025-06-18 |
Denied |
Response WaivedIFP |
criminal-procedure fourth-amendment law-enforcement probable-cause search-and-seizure state-law |
When determining whether law enforcement's stop of a suspect was lawful under the Fourth Amendment, may federal courts use state law – in this case, C… |
| 24-7467 |
Eldon Gale Samuel, III v. Terema Carlin, Warden |
Ninth Circuit |
2025-06-18 |
Denied |
Response WaivedIFP |
criminal-procedure custodial-interrogation due-process juvenile-waiver miranda-rights self-incrimination |
I. Whether the state court unreasonably determined that 14-year old Eldon Samuel knowingly, intelligently, and voluntarily waived his Miranda rights b… |
| 24-7446 |
Telly Royster v. Joseph Terra, Superintendent, State Correctional Institution at Phoenix, et al. |
Third Circuit |
2025-06-17 |
Denied |
IFP |
criminal-procedure due-process habeas-corpus ineffective-assistance mental-health sixth-amendment |
Whether the failure to consider trial counsel's mental health issues in evaluating the effectiveness of counsel constitutes a violation of the Sixth A… |
| 24-7450 |
Zachery James Edward Rowe v. United States |
Ninth Circuit |
2025-06-17 |
Denied |
Response WaivedIFP |
buyer-seller-rule complete-defense criminal-procedure drug-conspiracy jury-instruction sixth-amendment |
Whether the Ninth Circuit's decision affirming the refusal to give
a buyer-seller instruction in a drug conspiracy case conflicts with this Court's
… |
| 24-1279 |
Frank J. Anderson, Jr. v. New Jersey |
New Jersey |
2025-06-16 |
Denied |
Relisted (2) |
criminal-procedure double-jeopardy due-process fifth-amendment sentencing-modification sixth-amendment |
Does the New Jersey judicial process, by (1) preparing the judgment of conviction in the petitioner's absence, (2) departing from the orally pronounce… |
| 24-7430 |
Trenton Jared Powell v. United States |
Ninth Circuit |
2025-06-16 |
Denied |
Response WaivedIFP |
cellphone-search criminal-procedure digital-privacy evidence-preservation fourth-amendment warrant-requirement |
Can the police hold a defendant's cellphone seized incident to his arrest until necessary forensic software is developed based upon evidence that the … |
| 24-7432 |
Eleazar Diaz-Balleza v. United States |
Fifth Circuit |
2025-06-16 |
Denied |
Response WaivedIFP |
criminal-procedure due-process felony-conviction immigration-law jury-trial sentencing-enhancement |
Whether the existence of a pre-removal felony conviction under 8 U.S.C. § 1326(b) is an element of an enhanced offense that must be proven to a jury b… |
| 24-7418 |
In Re Zannie J. Lotharp |
|
2025-06-13 |
Denied |
IFP |
commitment-review criminal-procedure federal-court habeas-corpus jurisdictional-challenge writ-of-certiorari |
1. Can the Supreme Court grant a writ of habeas corpus,—- —iof^comm±tment?
2. Does it extend to a prisoner?
3. Is this a case where the writ should… |
| 24-1265 |
Glenn E. Diaz v. United States |
Fifth Circuit |
2025-06-12 |
Denied |
Response Waived |
criminal-procedure cross-examination judicial-discretion sentencing-guidelines supreme-court-precedent witness-bias |
1. Whether a district court can completely bar defense counsel from cross-examining a key government witness on an issue probative of bias and motive.… |
| 24-1268 |
Rodney Reed v. Bryan Goertz, in His Official Capacity as District Attorney of Bastrop County, Texas |
Fifth Circuit |
2025-06-12 |
Pending |
Amici (1)Relisted (12) |
criminal-procedure dna-testing due-process evidence-law innocence-claim postconviction-relief |
In 2023, th e Court reversed the Fifth Circuit's holding that Rodney Reed's DNA -testing suit was untimely and rejected District Attorney Bryan Goertz… |
| 24-7410 |
Nicholas Craig Woozencroft v. United States |
Eleventh Circuit |
2025-06-12 |
Dismissed |
IFP |
appellate-jurisdiction criminal-procedure federal-courts final-judgment multi-count-indictment sentencing |
Whether a judgment which convicts and sentences a defendant on a count of a multi-count indictment is appealable under § 1291 where, although others c… |
| 24-7396 |
Arturo Garza, Jr. v. United States |
Fifth Circuit |
2025-06-11 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
appellate-review circuit-split criminal-procedure mandate-rule resentencing sentencing-guidelines |
Whether the mandate rule precludes a district court from recalculating a defendant's Sentencing Guidelines range at resentencing based on convictions … |
| 24-7403 |
Michael Stapleton v. United States |
Eleventh Circuit |
2025-06-11 |
Denied |
Response WaivedRelisted (2)IFP |
blockburger-test circuit-split criminal-procedure double-jeopardy due-process statutory-interpretation |
Did the Court of Appeals create a split in Circuits by affirming Movant's convictions and sentences for crimes that were committed simultanously under… |
| 24-7391 |
Angel L. Martinez v. Howard Sissem, Superintendent, State Correctional Institution at Forest, et al. |
Third Circuit |
2025-06-10 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure district-court federal-law ineffective-assistance-of-counsel legal-standard |
1. Was the District Court's decision that Petitioner received effective assistance of counsel, contrary to or involve an unreasonable application of c… |
| 24A1216 |
Kelechi Collins Umeh v. United States |
First Circuit |
2025-06-10 |
Presumed Complete |
|
bank-fraud criminal-procedure guilty-plea jury-trial plea-colloquy structural-error |
Whether it is structural error for a court to accept a criminal defendant's guilty plea without informing him of his right to a jury trial. |
| 24-7385 |
Luster Pernell Burns, Jr. v. Jeff Tanner, Warden |
Sixth Circuit |
2025-06-09 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure double-jeopardy fair-trial mistrial prosecutorial-misconduct |
DID THE PROSECUTOR ENGAGED IN INTENTIONAL MISCONDUCT IN A PREVIOUS TRIAL WHICH GOATED THE DEFENSE INTO MOVING FOR A MISTRIAL, WHICH BARRED RETRIAL IN … |
| 24-7370 |
Jonathan Davis v. United States |
Eighth Circuit |
2025-06-06 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
constitutional-rights criminal-procedure implied-bias juror-disqualification jury-impartiality sixth-amendment |
I. Does the Constitution require selected jurors to be free from implied bias?
II. What standards should apply when assessing an implied bias claim?
… |
| 24-7373 |
Natnael Zemene v. Massachusetts |
Massachusetts |
2025-06-06 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure double-jeopardy due-process fifth-amendment second-amendment |
1. Whether the Fifth Amendment's double jeopardy clause as interpreted by Burks v. United States, 437 U.S. 1, 18 (1978) protects an individual from a … |
| 24-7357 |
Christopher Scott Jones v. United States |
Fourth Circuit |
2025-06-05 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fourth-circuit obstruction-enhancement plea-agreement sentencing-guidelines |
I. Whether the Fourth Circuit erred because the District Court improperly accepted a plea and proceeded with sentencing where Mr. Jones had not been a… |
| 24-7361 |
Deshaun Curtis Jones v. United States |
Third Circuit |
2025-06-05 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure district-court judicial-review motion-to-suppress third-circuit |
1. Whether the Third Circuit Court of Appeals erred in affirming the District Court's denial of Appellant's Motion to Suppress. |
| 24-1234 |
United States v. Ali Danial Hemani |
Fifth Circuit |
2025-06-04 |
Granted |
Amici (23)Relisted (3) |
constitutional-law criminal-procedure drug-users firearm-possession second-amendment statutory-interpretation |
Whether 18 U.S.C. 922(g)(3), the federal statute that prohibits the possession of firearms by a person who "is an unlawful user of or addicted to any … |
| 24-1235 |
Suliang Bu v. Missouri |
Missouri |
2025-06-04 |
Denied |
Response Waived |
criminal-procedure cross-section-of-community due-process fourteenth-amendment jury-trial-waiver sixth-amendment |
Whether, consistent with the Sixth and Fourteenth Amendments, a waiver of the right to a jury trial is intelligent when the record does not show the d… |
| 24-7353 |
Jose Trinidad Martinez Santoyo v. Lasha Boyden, former United States Marshal for the Eastern District of California, et al. |
Ninth Circuit |
2025-06-04 |
Denied |
Response WaivedIFP |
criminal-procedure extradition international-law sixth-amendment speedy-trial treaty-interpretation |
Under the terms of the United States-Mexico extradition treaty, is the Sixth Amendment Speedy Trial Clause a law of the United States that can bar a c… |
| 24-7349 |
Reymundo Arredondo v. United States |
Ninth Circuit |
2025-06-03 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
circuit-split constructive-amendment criminal-procedure essential-elements indictment statutory-interpretation |
When a criminal offense can be committed in a variety of ways, does a prosecutor constructively amend an indictment by altering the essential elements… |
| 24-7315 |
Kenyon Lamonte Watson v. United States |
Ninth Circuit |
2025-05-29 |
Denied |
Response WaivedIFP |
bail-reform-act criminal-procedure fifth-amendment grand-jury pretrial-detention res-judicata |
Both the Constitution and the Bail Reform Act presume pretrial release. This petition presents the question of whether, under the Fifth Amendment and … |
| 24-7316 |
Miguel Yepson-Cortez v. United States |
Fifth Circuit |
2025-05-29 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure judicial-discretion sentencing-factors sentencing-review substantive-reasonableness |
Whether substantive reasonableness review necessarily requires the court of appeals to reweigh the sentencing factors? |
| 24-7302 |
Sterling Atkins, Jr. v. Jeremy Bean, Warden, et al. |
Ninth Circuit |
2025-05-28 |
Denied |
IFP |
burden-of-proof criminal-procedure due-process ineffective-assistance strickland-standard trial-counsel |
1. Can a claim of ineffective assistance of counsel be denied on the basis of an alleged failure to show what trial counsel did rather than what they … |
| 24-7304 |
Eric Alonzo Windham v. United States |
Eleventh Circuit |
2025-05-28 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure judicial-participation plain-error-review plea-negotiations safety-valve-eligibility |
Whether the Eleventh Circuit's plain error review properly considered the full record under United States v. Davila, 569 U.S. 597 (2013), or wrongly l… |
| 24A1160 |
Mohamed Mohamed Mohamud, Issa Doreh, and Ahmed Nasir Taalil Mohamud v. United States |
Ninth Circuit |
2025-05-28 |
Presumed Complete |
|
criminal-procedure fisa foreign-intelligence fourth-amendment metadata-collection surveillance |
This application is for an extension of time to file a petition for writ of certiorari and does not contain a "Question(s) Presented" section as would… |
| 24-7293 |
Alexander Soto v. Massachusetts |
Massachusetts |
2025-05-27 |
Denied |
Response WaivedIFP |
arizona-v-gant criminal-procedure drug-trafficking fourth-amendment search-incident-to-arrest warrant-requirement |
With respect to the search-incident-to-arrest exception to the warrant requirement of the Fourth Amendment to the United States Constitution, this Cou… |
| 24-7257 |
Alejandro R. Duarte v. Nebraska |
Nebraska |
2025-05-21 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure ineffective-assistance medical-evidence self-defense waiver |
I.
In a he-said-she-said case involving allegations of physical assault with self-defense being raised as an affirmative defense, is defense counsel i… |
| 24-7254 |
Legarius Deshawn Bonner v. United States |
Fourth Circuit |
2025-05-20 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
criminal-procedure due-process PROTECT-Act revocation sentencing supervised-release |
DOES THE COURT VIOLATE A DEFENDANT'S RIGHTS TO DUE PROCESS OF LAW WHEN IMPOSING A SENTENCE UPON REVOCATION OF SUPERVISED RELEASE, WHEN THE COURT EMPLO… |
| 24-7255 |
Jarred Adams v. United States |
Fifth Circuit |
2025-05-20 |
Denied |
Response WaivedIFP |
criminal-procedure due-process legal-analysis sentence-length sentencing vindictive-prosecution |
Whether sentence length is the exclusive means to determine if a subsequent sentence is more severe for vindictive sentencing analysis? |
| 24A1116 |
Bryan Christopher Bell and Antwaun Kyral Sims v. North Carolina |
North Carolina |
2025-05-20 |
Presumed Complete |
|
certiorari criminal-procedure north-carolina-supreme-court supreme-court-review time-extension writ-of-certiorari |
Question not identified. |
| 24-7237 |
Jamarr Smith, Thomas Iroko Ayodele, and Gilbert McThunel, II v. United States |
Fifth Circuit |
2025-05-19 |
Denied |
IFP |
criminal-procedure digital-surveillance fourth-amendment general-warrant geofence-warrant good-faith-doctrine |
Whether the good-faith doctrine applies to digital-age general warrants. |
| 24-7243 |
Dieudruch Emmanuel v. United States |
Eleventh Circuit |
2025-05-19 |
Denied |
Response WaivedIFP |
criminal-procedure extraordinary-circumstances marital-privilege prejudicial-evidence probative-value witness-testimony |
WHETHER THE MARITAL PRIVILEGE WARRANTS LIMITING THE WIFE'S TESTIMONY UNDER EXTRAORDINARY CIRCUMSTANCES WHEN FAILURE TO DO SO WILL ALLOW HIGHLY PREJUDI… |
| 24-7229 |
DeAndre Jackson v. United States |
Third Circuit |
2025-05-16 |
Denied |
Response WaivedIFP |
criminal-procedure fourth-amendment law-enforcement probable-cause reasonable-suspicion traffic-stop |
WHETHER the Third Circuit's ruling that an officer's mere suspicion of a suspects dangerousness absent any additional facts supports an arrest rather … |
| 24-7231 |
Christian Leonardo Franco Posligua v. United States |
Fifth Circuit |
2025-05-16 |
Denied |
Response WaivedIFP |
criminal-procedure drug-enforcement extraterritorial-statute guilty-plea maritime-law subject-matter-jurisdiction |
1. For purposes of the Maritime Drug Law Enforcement Act (MDLEA), does a district court have authority to make its "preliminary" determination of "jur… |
| 24-7213 |
Edward Magruder v. United States |
District of Columbia |
2025-05-15 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure fourth-amendment probable-cause search-incident-to-arrest warrantless-search |
Federal agents found heroin during a warrantless search of a backpack that they seized from Petitioner as he exited a bus. Agents then arrested Petiti… |
| 24-1166 |
Luis Iram Miranda v. United States |
Fifth Circuit |
2025-05-14 |
Denied |
Response Waived |
conflict-of-interest constitutional-rights counsel-representation criminal-procedure due-process sixth-amendment |
District courts and parties in criminal cases do not have a standard way to address conflicts of interest when a defendant's attorney has previously r… |
| 24A1092 |
David Nicholson v. United States |
Fifth Circuit |
2025-05-14 |
Presumed Complete |
|
certiorari constitutional-rights criminal-procedure fifth-circuit supreme-court-rules time-extension |
Question not identified. |
| 24-7205 |
Oscar Pliego-Pineda v. United States |
Fourth Circuit |
2025-05-14 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure evidence-standard federal-sentencing-guidelines leadership-role sentencing-enhancement |
Whether a Leadership Sentencing Enhancement Is Erroneous Without Evidence That a Defendant Supervised any Specific Individual. |
| 24-7191 |
Daryl Cook v. Tom McGinley, Superintendent, State Correctional Institution at Coal Township, et al. |
Third Circuit |
2025-05-13 |
Denied |
Response WaivedRelisted (2)IFP |
criminal-procedure due-process federal-review habeas-corpus ninth-circuit procedural-analysis |
Question not identified. |
| 24-7194 |
Neil Aaron Carver v. Texas |
Texas |
2025-05-13 |
Denied |
Response RequestedRelisted (2)IFP |
constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance sentencing |
1. This Honorable Court has declared that Counsel renders ineffective assistance
in failing to investigate and present mitigating evidence ina capita… |
| 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 … |
| 24-7178 |
Douglas Turner v. United States |
Eighth Circuit |
2025-05-12 |
Denied |
Response WaivedIFP |
criminal-procedure due-process incarceration-setting interrogation-context miranda-warnings supreme-court-precedent |
After "Howes v. Fields," are Courts to treat interrogation of an incarcerated person as fundamentally equivalent to (or less serious) than interrogati… |
| 24-7179 |
Jordash Tanksley v. Deshawn Jones, Warden |
Eleventh Circuit |
2025-05-12 |
Denied |
IFP |
appellate-review constitutional-rights criminal-procedure due-process evidence-law witness-testimony |
Question not identified. |
| 24-7166 |
David Eugene Rush, Jr. v. United States |
Sixth Circuit |
2025-05-09 |
Denied |
Response WaivedIFP |
appeal-waiver consideration constitutional-rights criminal-procedure due-process plea-agreement |
Plea agreements are governed by traditional contract principles —
but unlike ordinary contracts, they involve the waiver of fundamental
constitutiona… |
| 24-7170 |
In Re Jerome Curry |
|
2025-05-09 |
Denied |
IFP |
civil-rights constitutional-law criminal-procedure due-process habeas-corpus judicial-review |
Question not identified. |
| 24-7139 |
David Little v. Georgia |
Georgia |
2025-05-06 |
Denied |
IFP |
confrontation-clause criminal-procedure cross-examination due-process hearsay sixth-amendment |
A Whether the Trial Court violated Sixth Amendment Right to Confrontation by Admitting the deceased Neg wiehad" diary— Which Contained testimonial Sta… |
| 24-7132 |
Donovan Jacob Farr v. Texas |
Texas |
2025-05-05 |
Denied |
Response WaivedIFP |
constitutional-validity criminal-procedure due-process effective-assistance-of-counsel guilty-plea plea-agreement |
Did the state court disregard this Court's precedent by upholding the constitutional validity of Petitioner's guilty plea despite recognizing the tria… |
| 24-7135 |
Mario Keeream Jackson v. United States |
Sixth Circuit |
2025-05-05 |
Denied |
Response WaivedIFP |
cellular-data criminal-procedure evidence-law fourth-amendment motion-to-suppress search-and-seizure |
I. THE DISTRICT COURT ERRED IN DENYING MR. JACKSON'S MOTION TO SUPPRESS THE UNLAWFUL SEARCH OF CELLULAR PHONE DATA AND RECORDS |
| 24-1127 |
Thomas E. Clardy v. Kenneth Nelsen, Warden |
Sixth Circuit |
2025-05-02 |
Denied |
Response Waived |
criminal-procedure due-process expert-testimony eyewitness-identification ineffective-assistance strickland-standard |
In a case that hinges primarily on eyewitness identification, does a criminal defense attorney perform deficiently under Strickland v. Washington, 466… |
| 24-7122 |
Michael Samuel Dekelbaum v. United States |
Fifth Circuit |
2025-05-02 |
Denied |
Response WaivedIFP |
appeal-waiver criminal-procedure due-process miscarriage-of-justice plea-bargain sentencing |
1. Should the U.S. Supreme Court recognize a "miscarriage of justice" exception to a waiver of appeal provision in a plea bargain for due process sent… |
| 24-7123 |
Carlos Edward Thurman, Jr. v. United States |
Sixth Circuit |
2025-05-02 |
Denied |
Response WaivedIFP |
criminal-procedure district-court equal-protection firearm-enhancement second-amendment sentencing-guidelines |
I. Whether the district court clearly erred by applying the USSG § 2D1.1(b)(1) firearm enhancement?
II. Whether general application of the USSG § 2D1… |
| 24-7107 |
Brandon A. Dunkleberger v. Illinois |
Illinois |
2025-05-01 |
Denied |
Response WaivedIFP |
criminal-procedure due-process essential-elements guilty-plea judicial-precedent plea-validity |
Is Illinois bound by this Court's rule that a guilty plea is not valid when the defendant is not informed of the essential elements of the crime? |
| 24-7109 |
Justin Miles Ness v. United States |
Tenth Circuit |
2025-05-01 |
Denied |
Response WaivedIFP |
criminal-procedure evidence-standard judicial-discretion jury-instruction plain-error temporal-scope |
In this case, there was trial evidence presented regarding a bevy of days, times, and different implements in which the accused allegedly possessed fi… |
| 24-7103 |
Ikeviaun Quamonn Johnson v. United States |
Fourth Circuit |
2025-04-30 |
Denied |
Response WaivedIFP |
arraignment-rights criminal-procedure due-process elements-of-crime federal-assault indictment-sufficiency |
Was Mr. Johnson entitled to vacatur of his conviction for assaulting federal officers where the essential element of the charge that Mr. Johnson acted… |
| 24-7086 |
Bakari Abdul Brown v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2025-04-29 |
Denied |
IFP |
appellate-conflict constitutional-law criminal-procedure ineffective-assistance prior-conviction trial-strategy |
IWhen the prejudice effect of the name and nature of a prior r~~i i
felony conviction in proving felon status, during the guilt phase
of trial, can b… |
| 24-7087 |
Jeffrey G. Hutchinson v. Florida, et al. |
Florida |
2025-04-29 |
Denied |
IFP |
constitutional-review criminal-procedure death-penalty due-process eighth-amendment fundamental-fairness |
1. As the dissent below highlights, does "due process require [] more" than what has occurred in this death warrant case, including the unnoticed trun… |
| 24-7093 |
Alfred Velazquez v. United States |
Ninth Circuit |
2025-04-29 |
Denied |
Response WaivedIFP |
circuit-split criminal-procedure judicial-review presentence-report sentencing-error structural-error |
Did the Ninth Circuit's disposition of Petitioner's claim under Rule 32(i)(1)(A) of the Federal Rules of Criminal Procedure conflict with the Sixth Ci… |
| 24-7096 |
Timothy Wayne Calhoun v. Louisiana |
Louisiana |
2025-04-29 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process fourteenth-amendment non-unanimous-jury sixth-amendment |
1. As there are conflicting decisions amongst state courts of last resort concerning a constitutional issue, in accordance with Rule X(h), this matter… |
| 24-1112 |
Rolland G. Shoup, II v. Indiana |
Indiana |
2025-04-28 |
Denied |
Response Waived |
constitutional-rights criminal-procedure due-process evidence-foundation fourteenth-amendment officer-testimony |
Does a state deprive a defendant of their Fourteenth Amendment right to due process of law when it admits adverse evidence not on the basis of a prope… |
| 24-7082 |
Edgar Llausas-Silva v. United States |
Ninth Circuit |
2025-04-28 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure judicial-review prosecutorial-discretion safety-valve sentencing |
1. Whether the district court improperly relied upon the subjective belief of the prosecutor without support in the record that petitioner lied when h… |
| 24-7083 |
Raul Otero Cazares v. Jason Johnson, Director, Division of Adult Parole Operations, California Department of Corrections and Rehabilitation |
Ninth Circuit |
2025-04-28 |
Denied |
Response WaivedIFP |
certificate-of-appealability constitutional-precedent criminal-procedure de-novo-review habeas-corpus ineffective-assistance |
Petitioner Raul Otero Cazares was convicted of the rape of his long-time domestic partner ("Doe") in a trial where they told very different stories re… |
| 24-7074 |
Miguel Angel Ortiz v. Texas |
Texas |
2025-04-25 |
Denied |
IFP |
burden-of-proof constitutional-law criminal-procedure due-process element-of-offense jury-instruction |
Whether the language in a reoccurring jury instruction, upon which there is a split of authority, violates due process by failing to give effect to th… |
| 24-7059 |
Dennis L. Magee v. Louisiana |
Louisiana |
2025-04-23 |
Denied |
Response WaivedIFP |
aggravated-rape constitutional-rights criminal-procedure fourteenth-amendment non-unanimous-jury sixth-amendment |
1. As there are conflicting decisions amongst state courts of last resort concerning a constitutional issue, in accordance with Rule X(b), this matter… |
| 24-7060 |
Mauricio Gonzalez v. United States |
Eleventh Circuit |
2025-04-23 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fifth-amendment herring-standard judgment-of-acquittal rule-29-motion |
1. Whether a district court's denial of a renewed Rule 29 motion for judgment of acquittal can be equated with, or substituted for, a verdict of guilt… |
| 24-7062 |
Damone D. Oakley v. United States |
Third Circuit |
2025-04-23 |
Denied |
Response WaivedIFP |
18-USC-2326 criminal-procedure double-counting sentencing-enhancement sentencing-guidelines statutory-interpretation |
Whether the statutory enhancement under 18 U.S.C. § 2326(2) and Guideline enhancements implemented by the Sentencing Commission constitute double coun… |
| 24-1090 |
Ryan C. Patterson v. United States |
Ninth Circuit |
2025-04-21 |
Denied |
Response Waived |
bank-deposits burden-of-proof criminal-procedure evidence-disclosure rule-16 tax-evasion |
Whether, under the Constitution of the United States, as amended, and applicable Federal rules and controlling case law, the United States, relying on… |
| 24-7029 |
DeNeal Lee Smith v. Jeff Howard, Warden |
Sixth Circuit |
2025-04-18 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process faretta-right self-representation sixth-amendment |
Can a criminal defendant invoke his Sixth Amendment right to self-representation under Faretta after an equivocal request?
Did the United States Cour… |
| 24-7017 |
Jose Antonio Cortez v. Texas |
Texas |
2025-04-17 |
Denied |
IFP |
actual-innocence constitutional-rights criminal-procedure double-jeopardy due-process habeas-corpus |
Question No. 1: Can a State allow a Judgment & Sentence of Conviction stand when under the probative facts and Jury Charged instructed the jury to con… |
| 24-7018 |
Roderick King v. United States |
Third Circuit |
2025-04-17 |
Denied |
Response WaivedIFP |
criminal-procedure due-process evidence-rules rule-16 sixth-amendment trial-rights |
I."Whether The Goverment And The Panel Violates Petitioner's Due Process By Waiving His Direct Appeal Arguments By Purposefully Misstating His Argumen… |
| 24-7020 |
Rosalio Alejandro Gonzalez-Silva v. United States |
Ninth Circuit |
2025-04-17 |
Denied |
Response WaivedIFP |
circuit-split criminal-procedure due-process interrogation miranda-custody two-step-test |
Whether courts must apply the second step of Howes to determine if a person is "in custody" for Miranda purposes. |
| 24-7024 |
Jesse Scott Fulcher v. Arizona |
Arizona |
2025-04-17 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process exculpatory-evidence fifth-amendment fourteenth-amendment |
Joa Fulcher denied his Fundamental right to Due Process as Guaranteed by the 5th and 14th Amendments of the United States Constitution, and Article II… |
| 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 |
The courts are split on a critical question:
Whether a living witness can be "unavailable" under the Confrontation Clause if the government has made n… |
| 24-7005 |
Alsham M. Laster v. Indiana |
Indiana |
2025-04-16 |
Denied |
Response WaivedIFP |
criminal-procedure evidence-seizure fourth-amendment law-enforcement probable-cause warrantless-search |
Whether the warrantless seizure of Alsham Laster's phone, during a murder investigation, violated the Fourth Amendment when: (i) police did not have p… |
| 24-7014 |
Scott Anthony Williams v. United States |
Fourth Circuit |
2025-04-16 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
appellate-review criminal-procedure exclusionary-rule federal-courts remand sentencing-guidelines |
Whether a federal court of appeals may apply the exigent-circumstances exception to the exclusionary rule in the first instance on appeal or, instead,… |
| 24-6991 |
Jessica L. Morris v. Jeremy Howard, Warden |
Sixth Circuit |
2025-04-15 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process effective-assistance-of-counsel fourteenth-amendment sixth-amendment |
IS CERTIORARI APPROPRIATE BECAUSE PETITIONER WAS DENIED HER RIGHT TO PRESENT A DEFENSE IN VIOLATION OF US CONSTITUTIONAL AMENDMENTS V, VI AND XIV?
IS… |
| 24-7003 |
Hale R. Harris v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2025-04-15 |
Denied |
Response WaivedRelisted (2)IFP |
constitutional-violation criminal-procedure habeas-corpus ineffective-assistance plea-bargaining sixth-amendment |
1) DOES THE FINDING THAT COUNSEL WAS INEFFECTIVE FOR FAILING TO CONVEY A PLEA ALLOW THE TRIAL COURT TO DO NOTHING TO CORRECT OR REMEDY THE CONSTITUTIO… |
| 24-6972 |
Michael John Stitts v. Brian Eller, Warden |
Sixth Circuit |
2025-04-14 |
Denied |
Response WaivedIFP |
criminal-procedure drug-quantity guidelines-interpretation indictment leadership-role sentencing-enhancement |
WHEN FEDERAL DEFENDANTS ARE ATTRIBUTED A DRUG QUANTITY FAILS TO TESTIFY -
CONDUCTED AND THERES NO
REQUIRE REVERSAL BASED ON EXTRAPOLATION AND THE CH… |
| 24-1070 |
Conghua Yan v. Mark A. Taylor, Individually and in His Official Capacity as Criminal District Office Investigator, Tarrant County, et al. |
Fifth Circuit |
2025-04-11 |
Denied |
Response Waived |
constitutional-challenge criminal-procedure district-attorney first-amendment government-policy petition-rights |
This petition addresses an unpublished dismissal of a constitutional challenge to a goyernment. barring Petitioner and everyone from filing individual… |
| 24-6982 |
In Re Lawrence J. Gerrans |
|
2025-04-11 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process habeas-corpus jurisdiction statutory-interpretation |
Is Petitioner being detained and imprisoned in violation of the 1.
Constitution, Statutory laws or Federal Rule(s) of Criminal Procedure?
Is Petition… |
| 24-1071 |
Jose Angel Garcia v. New Mexico, et al. |
New Mexico |
2025-04-10 |
Denied |
Response Waived |
criminal-procedure ineffective-assistance jury-instruction medical-evidence sixth-amendment trial-counsel |
Whether Petitioner Garcia's Sixth Amendment right to counsel was deprived under the following circumstances:
• By failing to call the pathologist who… |
| 24-6966 |
Mick J. Careaga v. United States |
Ninth Circuit |
2025-04-10 |
Denied |
Response WaivedIFP |
acquittal criminal-procedure due-process jury-verdict lesser-included-offense trial-by-jury |
I. Whether the Due Process clause permits a court to ignore without inquiry a jury's finding of Not Guilty on a lesser, necessarily included charge, w… |
| 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 |
(1) DOES TRIAL COUNSEL'S FAILURE TO INVESTIGATE, PROCURE EXCULPATORY EVIDENCE (SECURITY CAMERA FOOTAGE), OTHER INFORMATION FROM THE LOCATION CRIME SCE… |
| 24-1057 |
Jerry Peoples v. United States |
Seventh Circuit |
2025-04-08 |
Denied |
Response Waived |
criminal-procedure drug-dealing hobbs-act interstate-commerce motion-for-acquittal rule-29-motion |
1. Whether the Seventh Circuit erred by affirming the district court's decision to deny Mr. Peoples' Rule 29 Motion for Acquittal where the Government… |
| 24-6947 |
Harry Lee Goldsboro, II v. Florida |
Florida |
2025-04-08 |
Denied |
IFP |
criminal-procedure discovery-violation due-process habeas-corpus ineffective-assistance sixth-amendment |
Question not identified. |
| 24-1056 |
Isabel Rico v. United States |
Ninth Circuit |
2025-04-07 |
Granted |
Amici (4) |
criminal-procedure federal-law fugitive-tolling sentencing supervised-release tolling-doctrine |
Whether the fugitive-tolling doctrine applies in the context of supervised release. |
| 24-6937 |
Anthony Craig Weimer v. Montana |
Montana |
2025-04-07 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process first-amendment sixth-amendment supremacy-clause |
1. Whether the initial Court erred in holding that the Flathead County Commission's display on public property and the Guarantee Clause in the free ex… |
| 24-6939 |
Scott Lee DeShaw, et al. v. Arizona |
Arizona |
2025-04-07 |
Denied |
Response RequestedResponse WaivedRelisted (4)IFP |
criminal-procedure jones-v-mississippi juvenile-sentencing life-without-parole miller-v-alabama parole-discretion |
States may not "make life without parole the mandatory (or mandatory minimum) punishment" for juveniles. Miller v. Alabama, 567 U.S. 460, 482 n.9 (201… |
| 24-6930 |
Demetris Sean Robinson v. United States |
Fourth Circuit |
2025-04-04 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure district-court effective-assistance-counsel evidence-suppression fourth-circuit |
1. At issue herein is whether the District Court erred by allowing evidence obtained in violation of petitioner's constitutional rights by State offic… |
| 24-1048 |
Karen Read v. Superior Court of Massachusetts, Norfolk County, et al. |
First Circuit |
2025-04-03 |
Denied |
Response Waived |
acquittal constitutional-law criminal-procedure double-jeopardy jury-verdict retrial |
1. Whether a final and unanimous, but unannounced, decision by a jury following trial that the prosecution failed to prove a defendant guilty of a cha… |
| 24-6917 |
Edmond Stanley Adams, III v. South Carolina |
South Carolina |
2025-04-02 |
Denied |
Response WaivedIFP |
appellate-review constitutional-claim criminal-procedure due-process ineffective-assistance subject-matter-jurisdiction |
I. Wid the S.C. Supreme Court ettor by barches Rebitiowers.Fedecsl Fachsaal ip dicate Hoa. his purported uiaivecof bis 6" Rmendonent Righ-bo—fective a… |
| 24-6907 |
Oscar Omar Lobo-Lopez v. United States |
Fourth Circuit |
2025-04-02 |
Denied |
Response WaivedIFP |
compassionate-release criminal-procedure due-process ineffective-assistance right-to-counsel sixth-amendment |
THE SIXTH AMENDMENT RIGHT TO COUNSEL EXTENT TO ALL
CRITICAL STASHES OF A CRIMINAL PROCEEDINGS LIKE
COMPASSIONATE RELEASE, WHEN COUNSEL FAILED TO
PROPE… |
| 24-6903 |
John Sheldon Pickens, Jr. v. United States |
Eighth Circuit |
2025-04-01 |
Denied |
Response WaivedIFP |
criminal-procedure exclusionary-rule fourth-amendment independent-source-doctrine investigatory-stop warrantless-search |
Does an unlawful flee that would not have happened but for the police's violation of the Fourth Amendment trigger the independent source exception to … |
| 24-6908 |
Harry Lee Goldsboro, II v. Florida |
Florida |
2025-04-01 |
Denied |
IFP |
criminal-procedure due-process jurisdictional-challenge speedy-trial trial-rights warrant-service |
/. fOf 't'k purpose.i of hcfk sHfu-fag aW Cons bihbio„ H/ Speedy fr,\f, u/k-t„ in Ca r tstrakd defc-IAttf tS
in Custidy in one Coi/nbfi hub has chore… |
| 24-6884 |
Arthur L. Vitasek v. Ryan Thornell, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. |
Ninth Circuit |
2025-03-28 |
Denied |
Response WaivedIFP |
arguable-claims court-rulings criminal-procedure habeas-corpus judicial-jurisdiction legal-representation |
Under Penson v. Ohio, 488 U.S. 75 (1988), whether the Magistrate, the District Court Judge, and the Ninth Circuit Court of Appeals lost jurisdiction t… |
| 24-6886 |
Jonathan Lynn Jenkins v. United States |
Fourth Circuit |
2025-03-28 |
Denied |
Response WaivedIFP |
appellate-review confession-admissibility criminal-procedure federal-rules-of-evidence harmless-error jury-role |
Whether an appellate court improperly displaces the jury's role to determine guilt by assuming error occurred when the district court improperly admit… |
| 24-6879 |
Zachary Michael Linan v. United States |
Fifth Circuit |
2025-03-27 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure fifth-amendment judicial-fact-finding sentencing-guidelines sixth-amendment |
1. Did the Fifth Circuit err in affirming the district court's application of U.S.S.G. § 2A1.2(a)(1) (Second Degree Murder) rather than § 2A2.2 (Aggra… |
| 24-6859 |
Cecil Ray v. Angela Phams, Warden, et al. |
Georgia |
2025-03-26 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process fourteenth-amendment right-to-counsel state-courts |
1. IS one merits bond appeal exist and are much invalidated by a State Court as review, should Federal Court address one lack KH as a second of Unt co… |
| 24-6862 |
Brandon Durell Hardison v. United States |
Sixth Circuit |
2025-03-26 |
Denied |
Response WaivedIFP |
conspiracy constitutional-rights criminal-procedure evidence-link murder-case witness-testimony |
Question not identified. |
| 24-6864 |
Darren Latodd Houston v. Texas |
Texas |
2025-03-26 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process fundamental-fairness judicial-error jury-instructions |
Question not identified. |
| 24-6850 |
Philip Jude Moran v. Florida |
Florida |
2025-03-25 |
Denied |
Response WaivedIFP |
criminal-procedure due-process ineffective-assistance post-conviction-relief sixth-amendment strickland-standard |
Whether the state appellate court misapplied this Court's prejudice standard set forth in Strickland v. Washington, 466 U.S. 668 (1984), when affirmin… |
| 24-6830 |
Khalid Alboushari v. United States |
Second Circuit |
2025-03-24 |
Denied |
Response WaivedIFP |
appellate-review constitutional-rights criminal-procedure due-process ineffective-assistance sentencing-guidelines |
1. Whether the Second Circuit Court of Appeals erred in affirming the District Court's sentence of 92 months' imprisonment without properly considerin… |
| 24-6836 |
Christian Genao v. United States |
Second Circuit |
2025-03-24 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
circuit-split criminal-procedure due-process fifth-amendment sentencing supervised-release |
Federal criminal defendants have a right to be present at sentencing, grounded in the Fifth Amendment Due Process Clause and codified in Federal Rule … |
| 24-6823 |
Thomas Caves v. United States |
Second Circuit |
2025-03-21 |
Denied |
Response WaivedIFP |
constitutional-review criminal-procedure felon-in-possession firearm-statute plain-error second-circuit |
Whether the United States Court of Appeals for the Second Circuit erred by applying its plain error standard to affirm the judgment of conviction and … |
| 24-6824 |
Hansel Janel Rijo-Guerrero v. United States |
First Circuit |
2025-03-21 |
Denied |
Response WaivedIFP |
criminal-procedure downward-variance drug-trafficking sentencing-disparity sentencing-enhancement ussg-guidelines |
1. Did the district court err when it imposed a two-level sentencing enhancement pursuant to USSG § 2D1.1(b)(3)(C) where the Government failed to prov… |
| 24-6807 |
Carl P. Palladinetti v. United States |
Seventh Circuit |
2025-03-20 |
Denied |
Response WaivedIFP |
constitutional-significance court-of-appeals criminal-procedure due-process ineffective-assistance section-2255 |
A. Whether the Seventh Circuit Court of Appeals denial of Mr. Palladinetti's COA filing represents an issue of constitutional significance worthy of U… |
| 24-6814 |
Jason Johnson v. United States |
Sixth Circuit |
2025-03-20 |
Denied |
Response WaivedIFP |
appeal-waiver circuit-split criminal-procedure illegal-sentence plea-agreement sentencing-law |
While "jurisdictions appear to treat at least some claims as unwaivable" via an appeal waiver in a plea agreement, this Court has not yet had occasion… |
| 24-6805 |
Anita Hollins v. Erin Maldonado, Warden |
Sixth Circuit |
2025-03-19 |
Denied |
IFP |
constitutional-review criminal-procedure habeas-corpus inconsistent-verdicts sixth-circuit supreme-court-precedent |
Whether Dunn v. United States, 284 U.S. 390 (1932), overturned by United States v. Powell, 469 U.S. 57 (1984), and United States v. Powell, self-restr… |
| 24-6790 |
Saul Douglas Briggs v. United States |
Sixth Circuit |
2025-03-18 |
Denied |
Response WaivedIFP |
criminal-procedure fourth-amendment good-faith-exception probable-cause search-warrant sixth-circuit |
1. Whether this Honorable Court should grant certiorari to review whether the Sixth Circuit's determination that the good faith exception applies to t… |
| 24-6797 |
Silas Bernard Peterson v. United States |
Ninth Circuit |
2025-03-18 |
Denied |
Response WaivedIFP |
categorical-analysis circumstance-specific-analysis criminal-procedure ineffective-assistance sex-offender-registration SORNA |
In Descamps v. United States, 570 U.S. 254 (2013), this Court held that when a federal sentencing statute (the Armed Career Criminal Act) referred to … |
| 24-991 |
Joshua Herrera v. United States |
Eleventh Circuit |
2025-03-18 |
Denied |
|
appellate-review child-sexual-offense criminal-procedure expert-testimony federal-rules-of-evidence psychological-evidence |
Did the U.S. Court of Appeals for the Eleventh Circuit fail to follow this Court's recent decision in Diaz v. United States, 602 U.S. 526 (2024) in fa… |
| 24-6780 |
Earl Felton Crago, Jr. v. Arizona |
Arizona |
2025-03-17 |
Denied |
Response WaivedIFP |
conviction-review criminal-procedure federal-court habeas-corpus state-court subject-matter-jurisdiction |
1. Whether a state court defendant, when a state court of conviction lacks jurisdiction over the subject matter, can appeal a conviction to a higher s… |
| 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 |
Because the Confrontation Clause affords criminal defendants the right during trial "to be confronted with the witnesses against " them , is the initi… |
| 24-6766 |
David Lynn Griffith v. United States |
Third Circuit |
2025-03-13 |
Denied |
Response WaivedIFP |
criminal-procedure drug-evidence drug-purity evidence-reliability methamphetamine sentencing |
WHETHER HISTORICAL DRUGS PURCHASED BY SOMEONE OTHER THAN THE DEFENDANT CONSTITUTES RELIABLE EVIDENCE AT SENTENCING TO SUPPORT THE PURITY OF METHAMPHET… |
| 24-6756 |
Marcus Leshun Sargent v. Texas |
Texas |
2025-03-12 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process equal-protection extraneous-offense ineffective-assistance |
Due to the inherently inflammatory and prejudicial nature of sexual offenses against children, with its tendency to suggest a verdict on an improper b… |
| 24-6758 |
Matias P. Briones v. Texas |
Texas |
2025-03-12 |
Denied |
IFP |
constitutional-violation criminal-procedure due-process non-unanimous-jury ramos-precedent texas-penal-code |
Is Texas Penal Code 21.02 repugnant to the 5th, 6th, and 14th amendment of the U.S. Constitution where Texas held error of non-unanimous jury instruct… |
| 24-6738 |
Steven Dewayne Barnes, Jr. v. United States |
Eleventh Circuit |
2025-03-11 |
Denied |
Response WaivedIFP |
criminal-procedure firearm-possession reasonable-suspicion second-amendment sentencing-enhancement terry-stop |
1. The Eleventh Circuit erred in concluding that officers had reasonable suspicion to conduct a Terry stop and frisk based on ambiguous and subjective… |
| 24-6740 |
Royel Page v. United States |
Seventh Circuit |
2025-03-11 |
Denied |
IFP |
buyer-seller-relationship circuit-split criminal-procedure drug-conspiracy party-presentation plain-error-review |
I. Whether the Seventh Circuit, sitting en banc, erred as a matter of law in holding that, pursuant to Direct Sales Co. v. United States, 319 U.S. 703… |
| 24-6730 |
Richard David Degout v. United States |
Fourth Circuit |
2025-03-10 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure drug-offenses due-process first-step-act sentencing-reduction |
This Court should GVR tnis case to the lower court to aadress whether the procedural protections enshrined m the Due Process of Law allows a criminal … |
| 24-963 |
Elvin Torres-Estrada v. United States |
First Circuit |
2025-03-07 |
Denied |
Response Waived |
constitutional-rights criminal-procedure due-process effective-assistance plea-bargaining prosecutorial-discretion |
Whether the inaccurate advice by Mr. Torres-Estrada's rogue attorney to reject a favorable plea agreement during plea negotiations, with the prosecuto… |
| 24-958 |
Louis Ciminelli, Steven Aiello, Joseph Gerardi, & Alain Kaloyeros v. United States |
Second Circuit |
2025-03-06 |
Denied |
|
appellate-review criminal-procedure double-jeopardy legal-standard retroactivity sufficiency-challenge |
In its prior decision in this case two Terms ago, this Court unanimously held in Ciminelli v. United States, 598 U.S. 306 (2023), that the Second Circ… |
| 24-6704 |
Brian Jury v. Ohio |
Ohio |
2025-03-05 |
Denied |
Response WaivedRelisted (2)IFP |
appellate-review brady-violation criminal-procedure due-process evidence-suppression prosecutorial-misconduct |
This case poses a constitutional question of national importance. Did the Ohio Sixth District Court of Appeals impose an improper and unduly burdensom… |
| 24-6687 |
Jason Jayavarman v. United States |
Ninth Circuit |
2025-03-04 |
Denied |
Response WaivedRelisted (2)IFP |
child-pornography criminal-procedure duplicitous-indictment ineffective-counsel plea-offer rule-8a |
1. Is indictment duplicitous when it charges two or more offenses in a single count?
2. Does Federal Rule of Criminal Procedure 8(a) prohibit the cha… |
| 24-6690 |
Arjune Ahmed v. United States |
Eighth Circuit |
2025-03-04 |
Denied |
Response WaivedIFP |
circuit-split criminal-procedure defendant-rights evidence-admission federal-rule-of-evidence sexual-assault |
Petitioner Arjune Ahmed was convicted of two counts of kidnapping. The district court declined to give him separate trials on the two kidnapping alleg… |
| 24-6694 |
Emilio Santiago v. United States |
Eleventh Circuit |
2025-03-04 |
Denied |
Response WaivedIFP |
appellate-decision career-offender criminal-procedure judicial-review retroactive-application sentencing-enhancement |
Should A Intervening Decision By A United States Court Of Appeals Invalidating A Defendant's Career Offender Enhancement Be Applied Retroactive? |
| 24-947 |
Chanel Wiley v. United States |
Ninth Circuit |
2025-03-04 |
Denied |
Response Waived |
constitutional-rights court-precedent criminal-procedure jury-prejudice ninth-circuit physical-restraints |
Whether a criminal defendant whose government imposed restraint is perceptible to a jury must show actual prejudice, as the decision below held, or wh… |
| 24-6674 |
Kevin Millette v. United States |
First Circuit |
2025-02-28 |
Denied |
Response WaivedIFP |
appellate-jurisdiction compassionate-release criminal-procedure federal-sentencing habeas-corpus sentencing-modification |
Whether a sentencing judge may impose a condition of supervised release that substantially restricts a defendant's access to his own children without … |
| 24-6678 |
Omari Howard Patton v. United States |
Third Circuit |
2025-02-28 |
Denied |
Response WaivedIFP |
criminal-procedure drug-quantity extrapolation leadership-enhancement sentencing-guidelines uncharged-participants |
WHEN FEDERAL DEFENDANTS ARE ATTRIBUTED A DRUG QUANTITY BASED ON EXTRAPOLATION AND THE CHEMIST FAILS TO TESTIFY AS TO HOW THE EXTRAPOLATION WAS CONDUCT… |
| 24-6667 |
Luke John Scott, Sr. v. United States |
Ninth Circuit |
2025-02-27 |
Denied |
Response WaivedIFP |
criminal-procedure false-testimony federal-question obstructing-justice sentencing-guidelines trial-testimony |
Does a criminal defendant's trial testimony constitute a willful intent to provide materially false testimony as required for a two-level increase for… |
| 24-6671 |
Isaac Doyle Koch v. Iowa |
Iowa |
2025-02-27 |
Denied |
Response WaivedIFP |
criminal-procedure due-process law-enforcement official-act resistance statutory-interpretation |
What is the difference between interfering with an official act and refusing an official crime?
What is the effect, when statute disallows all physic… |
| 24-6652 |
David R. Kitchen v. United States |
Fourth Circuit |
2025-02-26 |
Denied |
Response WaivedIFP |
criminal-procedure fourth-circuit home-detention judicial-review sentencing-discretion supervised-release |
I. Whether the Fourth Circuit erred by affirming the District
Court's discretion in sentencing Mr. Kitchen to six (6) months of
home detention for a s… |
| 24-6653 |
John Douglas Alexander v. Jonathan Nance, Warden |
Fourth Circuit |
2025-02-26 |
Denied |
Response WaivedIFP |
constitutional-violation criminal-procedure due-process implied-malice jury-instructions self-defense |
Court err in finding that the Petitioner was not entitled to a due process review of the newly erased South Carolina Supreme Court procedure, governin… |
| 24-6654 |
Willie Alsha Hill v. United States |
Ninth Circuit |
2025-02-26 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure indictment jury-instruction multiple-conspiracies trial-rights |
Whether a multiple conspiracies instruction cannot, as a matter of law, be given where a defendant proceeds to trial alone. |
| 24-6659 |
Ronnie Lee Seward v. United States |
Eleventh Circuit |
2025-02-26 |
Denied |
Response WaivedIFP |
appellate-review career-criminal criminal-procedure drug-trafficking florida-law sentencing |
Did the District Court erroneously sentence Petitioner as a career criminal based on prior convictions for Florida trafficking in amphetamine?
Did th… |
| 24-6634 |
Robert Andrew Wolter v. United States |
Eighth Circuit |
2025-02-25 |
Denied |
Response WaivedIFP |
circuit-split competency-evaluation criminal-procedure speedy-trial-act statutory-interpretation transportation-delay |
When a criminal defendant is transported to another facility to undergo a competency evaluation, does the time between the date of the order for trans… |
| 24-6637 |
Roger Moss v. United States |
Tenth Circuit |
2025-02-25 |
Denied |
Response WaivedIFP |
criminal-procedure drug-trafficking fourth-amendment law-enforcement probable-cause search-warrant |
Courts generally recognize that probable cause to believe a person committed a crime does not alone establish probable cause to search their home. How… |
| 24-6639 |
Mario Ayala Alfaro v. California |
California |
2025-02-25 |
Denied |
Response WaivedIFP |
common-law-infant criminal-procedure due-process eighth-amendment jurisdictional-defect mens-rea |
1. Whether punishing a common-law infant in violation of a substantive rule of criminal procedure when devoid of the requisite knowledge and guilty me… |
| 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 |
1. Does holding a position with the local executive branch of
government , be it, prosecutors, detectives, or sheriff
automatically give them permis… |
| 24-6644 |
Lola Shalewa Barbara Kasali v. United States |
Fifth Circuit |
2025-02-25 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure defendant-presence jury-selection legal-jurisdiction trial-in-absentia |
Whether the Federal Rules of Criminal Procedure 43, case law, and the United States Constitution permit the trial in absentia of a defendant who is no… |
| 24-912 |
Earl Casperson Meggison v. Florida |
Florida |
2025-02-25 |
Denied |
Response Waived |
constitutional-law criminal-procedure ex-post-facto removal-provision sex-offender-registration state-courts |
Whether the Court should resolve the following question for which the state courts are split: is it a violation of constitutional ex post facto princi… |
| 24-6646 |
Randy Allen Herman, Jr. v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2025-02-25 |
Denied |
Response WaivedIFP |
criminal-procedure fourteenth-amendment ineffective-assistance-of-counsel insanity-defense involuntary-act sixth-amendment |
Whether Petitioner was deprived of effective assistance of counsel in violation of his Sixth and Fourteenth Amendments to the United States Constituti… |
| 24-6621 |
Curtis Brown v. United States |
Eleventh Circuit |
2025-02-24 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
constitutional-law criminal-procedure fifth-amendment judicial-discretion sentencing-conditions supervised-release |
Under the Fifth Amendment, is a district court required to orally pronounce at sentencing all discretionary "standard conditions" of supervised releas… |
| 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… |
| 24-6615 |
Gregory P. Damm v. United States |
Fifth Circuit |
2025-02-21 |
Denied |
Response WaivedIFP |
criminal-procedure federal-sentencing hearsay plain-error revocation-proceeding supervised-release |
Can a federal supervised release defendant can ever obtain relief on plain error for the erroneous admission of hearsay in a revocation proceeding? |
| 24-902 |
Ruel M. Hamilton v. United States |
Fifth Circuit |
2025-02-21 |
Denied |
|
appellate-review burden-of-proof constitutional-law criminal-procedure double-jeopardy jury-verdict |
In Ashe v. Swenson, this Court recognized that the Double Jeopardy Clause precludes relitigation of facts found by a jury. 397 U.S. 436 (1970). What, … |
| 24-6598 |
Rodney Boyles v. United States |
Eighth Circuit |
2025-02-20 |
Denied |
Response WaivedIFP |
civil-rights commerce-clause constitutional-provisions criminal-procedure federal-court-jurisdiction statutory-provisions |
Question not identified. |
| 24-6603 |
Michael Lee Gordon v. United States |
Sixth Circuit |
2025-02-20 |
Denied |
Response WaivedIFP |
compassionate-release criminal-procedure first-step-act retroactive-application sentencing-reduction statutory-interpretation |
1. Whether or not the "reduced" penalties pursuant to 18 U.S.C. § 3553, commonly referred to as "Hazelwood" or as was amended and specified by Congres… |
| 24-6591 |
Kimberly Sponaugle v. United States |
Third Circuit |
2025-02-19 |
Denied |
Response WaivedIFP |
criminal-procedure expert-disclosure expert-witness-testimony federal-rules-of-evidence lay-opinion wire-fraud |
Whether the trial court erred as a matter of law in ruling that F.R.E. 701 permitted the prosecution to present in its case-in-chief lay opinion testi… |
| 24-6580 |
Darrell Smith v. United States |
Eighth Circuit |
2025-02-18 |
Denied |
Response WaivedIFP |
constitutional-violations criminal-procedure due-process federal-jurisdiction judicial-ethics judicial-recusal |
1. Should not a Judge have recused himself, reference 28 U.S.C. §455 (b)(2), from prosecutions and sentencing of the Petitioner, and his Companies, wh… |
| 24-6586 |
Landon Hank Black v. Tennessee |
Tennessee |
2025-02-18 |
Denied |
Response RequestedResponse WaivedRelisted (7)IFP |
burden-of-proof constitutional-limits criminal-procedure due-process jury-instructions second-degree-murder |
1. The defendant was convicted of second-degree murder after he shot a man who approached him aggressively in a parking lot. This factual situation pr… |
| 24-882 |
Derrick Chatman v. Mississippi |
Mississippi |
2025-02-18 |
Denied |
Response Waived |
constitutional-law criminal-procedure direct-remand jury-unanimity lesser-included-offense sixth-amendment |
Does a state court direct-remand rule that infers jury unanimity on a lesser-included offense violate the Sixth Amendment, where the jury's verdict wa… |
| 24-6573 |
Isaac Garcia Bracamontes v. California |
California |
2025-02-14 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process evidence-inference jury-instruction sex-offense |
Are the inferences of likely guilt and of actual guilt (the latter if there is corroborating evidence) from a finding of disposition to commit sex off… |
| 24-6575 |
Marshall Ray Scarborough v. United States |
Fourth Circuit |
2025-02-14 |
Denied |
Response WaivedIFP |
appeal-waiver criminal-procedure due-process fourth-circuit plea-agreement sentencing |
Federal Rule of Criminal Procedure 11(b)(1)(N) requires that, before a district court accepts a plea of guilty, it must first "inform the defendant of… |
| 24-872 |
John Q. Hamm, Commissioner, Alabama Department of Corrections v. Joseph Clifton Smith |
Eleventh Circuit |
2025-02-14 |
Granted |
Amici (11)Relisted (3) |
atkins-v-virginia criminal-procedure habeas-corpus intellectual-disability iq-testing preponderance-of-evidence |
1. Whether, under a proper application of Atkins , a State can require a claimant to prove an IQ of 70 or less by a preponderance of the evidence.
2.… |
| 24-6558 |
Mauricio Gonzalez v. United States |
Eleventh Circuit |
2025-02-13 |
Denied |
Response WaivedIFP |
criminal-procedure due-process eleventh-circuit judicial-notice statutory-interpretation witness-testimony |
1. Whether the Eleventh Circuit erred in including the Government's post-trial misinterpretation of Florida Statute § 794.05 and 18 U.S.C. § 2423(a), … |
| 24-6554 |
Adriano Cortez v. United States |
First Circuit |
2025-02-12 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process evidence-admission government-tolling statute-of-limitations |
I» \vft«4W )B U.SXc^vBZ^O Violates Wt. HPfVi Amend men 4 CDue^lVoceSS^), ff ho
Evidence U)a$ ^ resen 4«d fta,<Wt\04 fried 4o determine. -Vhe, 'jiorpo… |
| 24-6541 |
Bartholomew Granger v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2025-02-11 |
Denied |
IFP |
abuse-of-writ criminal-procedure federal-constitutional-law habeas-corpus post-conviction-relief state-law-ground |
1. Whether the CCA's otherwise unexplained ruling that abuse of the writ under Article 11.071, section 5, precluded post-conviction relief is an adequ… |
| 24-6543 |
Devin Chaney v. United States |
Fifth Circuit |
2025-02-11 |
Pending |
Response RequestedResponse WaivedRelisted (4)IFP |
appeal-waiver criminal-procedure due-process miscarriage-of-justice plea-agreement sentencing-error |
Can a criminal defendant knowingly and voluntarily waive the right to appeal a district court's yet-to-be-made errors as part of a plea agreement, and… |
| 24-6545 |
Rangsey Arundech Pich v. United States |
Ninth Circuit |
2025-02-11 |
Denied |
Response WaivedIFP |
appellate-review circuit-split criminal-procedure judicial-interpretation sentencing written-order |
In federal criminal proceedings, circuit courts agree that an unambiguous oral pronouncement overrides a subsequent inconsistent written order. Courts… |
| 24A773 |
Munson P. Hunter, III v. United States |
Fifth Circuit |
2025-02-11 |
Presumed Complete |
|
appeal-waiver circuit-split constitutional-challenge criminal-procedure plea-agreement sentencing-rights |
(1) whether a defendant who agreed to waive his right to appeal may nonetheless challenge his sentence on constitutional grounds other than ineffectiv… |
| 24A779 |
William Valentin v. United States |
Third Circuit |
2025-02-11 |
Presumed Complete |
|
constitutional-rights criminal-procedure due-process fifth-amendment first-amendment judicial-process |
Question not identified. |
| 24-6511 |
Ian Mitcham v. Arizona |
Arizona |
2025-02-10 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
criminal-procedure dna-profile fourth-amendment inevitable-discovery law-enforcement search-and-seizure |
For nearly four decades, courts have grappled with interpreting the inevitable discovery doctrine. Some courts, including the Second, Fifth, Eighth, a… |
| 24-6519 |
Larry R. Steele v. United States Postal Service, et al. |
Fifth Circuit |
2025-02-10 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure death-penalty habeas-corpus post-conviction texas-procedure |
Has the Jawenslecs of this Nahon w rope zah the di Gad surrem agin TAL PEOPLE the arpa REOPLE 6 Whe Unred Syorte ok Amerson? |
| 24-6520 |
Lalako Jonathan Jose v. Arizona |
Arizona |
2025-02-10 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure jury-trial ramos-precedent sixth-amendment twelve-person-jury |
Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a twelve-person jury when the defendant is charged with a felony. |
| 24-6523 |
Timothy W. Wright, Jr. v. Virginia |
Virginia |
2025-02-10 |
Denied |
IFP |
appellate-review civil-rights constitutional-law criminal-procedure due-process habeas-corpus |
Question not identified. |
| 24-6525 |
Richard Stephens Terry v. United States |
Eleventh Circuit |
2025-02-10 |
Denied |
Response WaivedIFP |
certificate-of-appealability circuit-conflict criminal-procedure federal-law statutory-interpretation substantial-step |
1. Did the Eleventh Circuit err in denying a certificate of appealability when its appeals court made such decision off of the Circuit's wrongful eval… |
| 24-6527 |
Hazhar A. Sayed v. Gilbert Caley, Warden, et al. |
Tenth Circuit |
2025-02-10 |
Denied |
IFP |
competency-hearing criminal-procedure due-process ineffective-assistance pro-se-litigant self-defense |
1) Whether The Doyle v. Ohio. 426 U.S. 610 (1976) violation had a substantial and
injurious effect in determining the jury 's verdict?
2) Whether the… |
| 24-6501 |
In Re Noel J. Bender |
|
2025-02-07 |
Denied |
Response WaivedIFP |
criminal-conviction criminal-procedure domestic-abuse due-process residential-judgment witness-testimony |
Whether a defendant is prohibited from being a victim of his assault, such as that he and his victim are "household members" and the assault is thus a… |
| 24-6505 |
Jerome Jones v. United States |
Fifth Circuit |
2025-02-07 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
appeal-waiver circuit-split criminal-procedure plea-agreement sentencing-error statutory-right |
Can a criminal defendant knowingly and voluntarily forfeit his right to appeal the district court's yet-to-be-made errors as part of his plea agreemen… |
| 24-6474 |
Leonard Morrison v. United States |
Fifth Circuit |
2025-02-06 |
Denied |
Response WaivedIFP |
acca-enhancement armed-career-criminal-act constitutional-challenge criminal-procedure jury-determination predicate-offense |
Does the recent Supreme Court ruling in *Erlinger v. United States*, 602 U.S. (2024), render unconstitutional the enhancements imposed under the Armed… |
| 24-6488 |
Jordy Ezequiel Ochoa, aka Jordy Ezequil Ochoa-Cordova v. Robert Luna, Sheriff, Los Angeles County, California, et al. |
Ninth Circuit |
2025-02-06 |
Denied |
Response WaivedIFP |
criminal-procedure double-jeopardy habeas-corpus jury-trial mistrial probation-violation |
Is it a violation of clearly established federal law under the Double Jeopardy clause to allow a court to declare a mistrial based on a hung jury, hol… |
| 24A763 |
Kayle B. Bates v. Florida |
Florida |
2025-02-06 |
Presumed Complete |
|
constitutional-rights criminal-procedure death-penalty juror-interview post-conviction rule-3.575 |
Question not identified. |
| 24-6480 |
Andrew J. Johnston v. United States |
Seventh Circuit |
2025-02-05 |
Denied |
Response WaivedIFP |
civil-procedure criminal-procedure federal-statute habeas-corpus jurisdictional-bar post-conviction-relief |
1. Does 28 U.S.C. Section 2244(b)(1) apply to claims brought in second or successive motions for post-conviction relief under 28 U.S.C. Section 2255?
… |
| 24-839 |
Roman Storm v. United States District Court for the Southern District of New York |
Second Circuit |
2025-02-05 |
Denied |
Response Waived |
criminal-procedure district-court federal-rules inherent-power judicial-discretion mandamus |
I. Whether a district court may rely on its "inherent power" to contravene an express provision of Federal Rule of Criminal Procedure Rule 16, where t… |
| 24A762 |
Jermaine Lamar Rutledge v. Arizona |
Arizona |
2025-02-05 |
Presumed Complete |
|
appellate-jurisdiction certiorari criminal-procedure state-court-review supreme-court-jurisdiction time-extension |
Question not identified. |
| 24-6466 |
David Alcorn v. United States |
Fourth Circuit |
2025-02-04 |
Denied |
Response WaivedIFP |
court-of-appeals criminal-procedure defendants-rights district-court public-trial sixth-amendment |
Whether The Court Of Appeals Erred By Upholding The District Court 's Violation Of Defendants' Sixth Amendment Right To A Public Trial? |
| 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 commit reversible err denying Petitioner's direct appeal on the issue where the district court allowed the admission of chemical ana… |
| 24A758 |
Jonathan Stacy Berrier v. United States |
Eighth Circuit |
2025-02-04 |
Presumed Complete |
|
criminal-procedure factual-basis interstate-travel plea-agreement sentencing-variance sex-offense |
Question not identified. |
| 24-6456 |
Doran Maurice Smith v. Mississippi |
Mississippi |
2025-02-03 |
Denied |
Response WaivedIFP |
appellate-review constitutional-rights criminal-procedure due-process judicial-procedure mississippi-law |
1a. Did the Circuit Court of Madison County violate [text unclear due to OCR quality]
2a. Did the Circuit Court of Madison County violate [text uncle… |
| 24-6438 |
Iran Dwayne Ketchup v. United States |
Eleventh Circuit |
2025-01-31 |
Denied |
Response WaivedIFP |
criminal-procedure habeas-corpus ineffective-counsel judicial-injustice rule-60 section-2255 |
Did Federal Rules of Civil Procedure, Rule 60 allow the lower courts (1)
to re-open the 28 P.S.C. S 2255 proceedings, pursuant to Gonzalez v.
Crosby ,… |
| 24-6424 |
Terrance L. Clopton v. Illinois |
Illinois |
2025-01-30 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure evidence-tampering false-affidavit probable-cause warrantless-search |
irikA??e.A\ aFW :TnIFoRfvA(STU£_ k??A\k\€L C®oMe\ To RknS>B XdFFF^l'/e_
CxdTv^TriAl CooAs^i Fd£ FA vW^T d xVU\WlOo Twe_\/eR{\<iiW ofTw£_
\AlAReAd\ A… |
| 24-6412 |
Joey Lamont Brunson v. United States |
Fourth Circuit |
2025-01-29 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure exclusionary-rule fourth-amendment good-faith-exception wiretap-order |
WHETHER THE "GOOD FAITH EXCEPTION" TO THE FOURTH AMENDMENT EXCLUSIONARY RULE OF UNITED STATES VS. LEON, 468 U.S. 897 (1987), APPLIES TO TITLE III WIRE… |
| 24-6414 |
Albert Pinedo v. United States |
Ninth Circuit |
2025-01-29 |
Denied |
Response WaivedIFP |
bias criminal-procedure impartiality jury-selection sixth-amendment voir-dire |
Whether the Sixth Amendment requires a prospective juror to make an unequivocal commitment to impartiality after revealing their actual bias. |
| 24A742 |
Jose Lewis Bosquez v. Arizona |
Arizona |
2025-01-29 |
Presumed Complete |
|
appellate-review arizona-courts certiorari criminal-procedure due-process post-conviction |
Question not identified. |
| 24A744 |
Leonard Harris v. Nakita Ross, et al. |
Fourth Circuit |
2025-01-29 |
Presumed Complete |
|
capital-sentencing criminal-procedure exculpatory-evidence ineffective-assistance right-to-counsel sixth-amendment |
Due Process Violations from the Use of Expunged Records: This case raises fundamental questions about whether the use of expunged records in judicial … |
| 24-6403 |
Brian Dale Nixon v. Texas |
Texas |
2025-01-28 |
Denied |
Amici (1)Response WaivedIFP |
capital-murder constitutional-rights criminal-procedure due-process presumption-of-innocence trial-location |
The Petitioner's capital murder trial was held in this facility:
The Supreme Courts of Oregon and Washington held this is inherently prejudicial and e… |
| 24-6407 |
Samuel Tanel Crittenden v. United States |
Fifth Circuit |
2025-01-28 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure district-court fifth-circuit jury-instruction sufficiency-of-evidence |
Should a conviction be reversed and remanded for a new trial where the district court erroneously fails to give a lesser-included offense instruction,… |
| 24-6410 |
Antoine Wiggins v. United States |
Third Circuit |
2025-01-28 |
Denied |
Amici (1)Response RequestedResponse WaivedRelisted (7)IFP |
circuit-split controlled-substance criminal-procedure federal-law sentencing-guidelines state-law |
Under the federal Sentencing Guidelines § 2K2.1(a)(2), a defendant previously convicted of a "controlled substance offense" is subject to a sentencing… |
| 24-6411 |
Holly Kaye Hibbler v. Jeremy Howard, Warden |
Sixth Circuit |
2025-01-28 |
Denied |
Response WaivedIFP |
amendment-violation constitutional-rights criminal-procedure due-process sentencing-review unreasonable-sentence |
Whether Petitioner is entitled to resentencing where her minimum term was an unreasonable and disproportionate sentence and an unreasonable departure … |
| 24-6395 |
Robert Lewis Dear, Jr. v. United States |
Tenth Circuit |
2025-01-27 |
Denied |
Response WaivedIFP |
circuit-split competency-restoration criminal-procedure due-process forcible-medication sell-standard |
When ordering that a criminal defendant be forcibly medicated to restore competence under Sell v. United States, 539 U.S. 166 (2003), must a district … |
| 24-6393 |
Shamichael Antonio Pearson v. Louisiana |
Louisiana |
2025-01-27 |
Denied |
IFP |
criminal-procedure criminal-standard-of-proof identity-evidence jackson-v-virginia reasonable-doubt sufficiency-of-evidence |
Whether the evidence was sufficient under Jackson v. Virginia to prove beyond a reasonable doubt Mr. Pearson identify as the perpetrator. |
| 24-6396 |
Ryan Perrin v. United States |
Eleventh Circuit |
2025-01-27 |
Denied |
IFP |
armed-career-criminal-act categorical-approach criminal-procedure prior-conviction sentencing-enhancement state-court-decisions |
I. When applying the categorical approach to determine whether a prior state conviction qualifies as a predicate for the Armed Career Criminal Act (AC… |
| 24-6372 |
Isidro Romero-Corona v. United States |
Ninth Circuit |
2025-01-24 |
Denied |
Response WaivedIFP |
circuit-split constitutional-interpretation criminal-procedure due-process miranda-custody supreme-court-precedent |
In Howes v. Fields, 565 U.S. 499 (2012), the Court established a two-step test for determining whether a suspect is "in custody" for purposes of Miran… |
| 24-6383 |
Christian Ricker v. Indiana |
Indiana |
2025-01-24 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fourteenth-amendment ineffective-assistance post-conviction prosecutorial-misconduct |
1. Was a State Appellate Courts Finding that the States Prosecutorial Misconduct and Conditioning during Voir Dire was waived by Failure to Raise thes… |
| 24-6387 |
Raymond Bradley v. Florida |
Florida |
2025-01-24 |
Denied |
IFP |
constitutional-sentencing criminal-procedure juvenile-sentencing mandatory-minimum proportionality-principle youth-consideration |
Whether the mandatory penalty scheme at issue here is flawed where it prevents the sentencer from taking account of the central considerations of Grah… |
| 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 |
I. Whether the Confrontation Clause of the Sixth Amendment prohibits the introduction and use of statements made by a non-testifying accomplice which … |
| 24-6373 |
Harry Lee Goldsboro, II v. Florida |
Florida |
2025-01-23 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process ineffective-assistance plea-bargaining sixth-amendment |
Question not identified. |
| 24-779 |
Roger Paul Bradford v. United States |
Eighth Circuit |
2025-01-23 |
Denied |
Response Waived |
criminal-indictment criminal-procedure district-court-jurisdiction judicial-review prosecutorial-discretion statutory-interpretation |
Whether an indictment that alleges conduct outside the reach of a criminal statute precludes a district court from exercising jurisdiction to adjudica… |
| 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 |
Question not identified. |
| 24-6357 |
Montrese Antoine Snuggs v. United States |
Fourth Circuit |
2025-01-22 |
Denied |
Response WaivedIFP |
criminal-procedure fourth-amendment probation-condition search-and-seizure suspicionless-search warrantless-search |
Whether the Fourth Amendment authorizes warrantless, suspicionless searches of probationers as part of a condition of probation. |
| 24-6340 |
Bruce E. Alexander v. United States |
Eighth Circuit |
2025-01-21 |
Denied |
Response WaivedIFP |
corroborating-circumstances criminal-procedure evidentiary-standard federal-rules-evidence hearsay-exception statement-against-interest |
Whether FRE 804(b)(3)(B) 's requirement that a court fin d "corrobo rating circumstances " that "clearly indicate [a statement 's] trustworthiness " r… |
| 24-6344 |
Tamir Abdullah v. United States |
Sixth Circuit |
2025-01-21 |
Denied |
Response WaivedIFP |
criminal-procedure drug-quantity fair-sentencing-act first-step-act sentencing-range statutory-interpretation |
Section 404 of the First Step Act made retroactive the Fair Sentencing Act of 2010's changes to the cocaine-base drug-quantity thresholds in 21 U.S.C.… |
| 24-6348 |
Christopher Howard v. United States |
Second Circuit |
2025-01-21 |
Denied |
Response WaivedIFP |
constitutional-validity criminal-procedure inter-circuit-split jury-instructions rico-conspiracy vicar-statute |
1. Whether The Second Circuit Court of Appeal's Decisions to overturn the District Court's Acquittal of Petitioner on both the VICAR and 924(c) Counts… |
| 24-6349 |
Joshua Wiley Mitchell v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2025-01-21 |
Denied |
IFP |
competency-determination criminal-procedure due-process psychiatric-evaluation statutory-procedure trial-rights |
1. Was the trial court required to follow the state statutory procedures when dealing with competency, and if those statutory procedures required a ps… |
| 24-6335 |
Marcrease Delance Farmer v. United States |
Eighth Circuit |
2025-01-17 |
Denied |
Response WaivedRelisted (2)IFP |
constitutional-ineffective-assistance criminal-procedure due-process fundamental-fairness impartial-jury trial-rights |
1) WHETHER COUNSEL LESS CONSTITUTIONALLY EFFECTIVE FOR FAILING TO NOT ONLY INVESTIGATE THE INFORMATION REGARDING AN ALTERCATION BETWEEN TERROR 27 S04 … |
| 24-6339 |
Mark Tomas Regan v. Massachusetts |
Massachusetts |
2025-01-17 |
Denied |
Response WaivedIFP |
criminal-procedure double-jeopardy due-process firearms-possession licensure-requirement second-amendment |
1. Whether the right to keep and bear arms protected by the Second Amendment, the right guaranteed by the Due Process Clause of the 14% Amendment to b… |
| 24A709 |
Ghislaine Maxwell v. United States |
Second Circuit |
2025-01-17 |
Presumed Complete |
|
circuit-split criminal-procedure district-court federal-jurisdiction plea-agreement prosecutorial-discretion |
Question not identified. |
| 24A710 |
Mitchelle Derwin Robinson v. United States |
Eleventh Circuit |
2025-01-17 |
Presumed Complete |
|
admissibility-of-evidence criminal-procedure drug-trafficking evidence-rule-404b knowledge-and-intent propensity-evidence |
Question not identified. |
| 24-6322 |
Todd Erling Becker v. United States |
Eleventh Circuit |
2025-01-16 |
Denied |
Response WaivedIFP |
certificate-of-appealability constitutional-rights criminal-procedure eleventh-circuit habeas-corpus ineffective-assistance |
1. Did the Eleventh Circuit apply the correct certificate of appealability standard in denying Petitioner's 28 U.S.C. § 2255 claims?
2. Is Petitioner… |
| 24A703 |
Gavin Blake Davis v. United States |
Fifth Circuit |
2025-01-16 |
Presumed Complete |
|
appellate-review criminal-procedure due-process personal-safety pretrial-release substantive-rights |
For a criminally accused, such as the Applicant/Petitioner, conditionally released subject to certain terms and conditions pursuant to 18 U.S.C. § 314… |
| 24-6313 |
Eric St. George v. Jason Lengerich, Warden, et al. |
Tenth Circuit |
2025-01-15 |
Denied |
IFP |
criminal-procedure due-process evidence-admission fourteenth-amendment fundamental-fairness propensity-evidence |
Does the admission of evidence that a criminal defendant possesses guns, weapons that are -'totally unrelated to the criminal allegation against him, … |
| 24A691 |
Christopher E. Barnes v. United States |
Eleventh Circuit |
2025-01-15 |
Presumed Complete |
|
certiorari circuit-split criminal-procedure federal-appeals post-conviction time-extension |
Question not identified. |
| 24-6294 |
Christopher Lloyd Burnell v. United States |
Ninth Circuit |
2025-01-14 |
Denied |
Response WaivedRelisted (2)IFP |
circuit-split counsel-substitution court-appointed-counsel criminal-procedure defendant-rights sixth-amendment |
What standard governs a criminal defendant's motion to substitute retained with court-appointed counsel? |
| 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 |
The trial court recognized Mr. Gutierrez only spoke Spanish and appointed an interpreter for him —but the interpreter was prohibited from translating … |
| 24-6305 |
Francisco Villanueva v. United States |
Eighth Circuit |
2025-01-14 |
Denied |
Response WaivedIFP |
criminal-procedure due-process expert-witness eyewitness-testimony identification-procedure suggestive-circumstances |
Whether accused citizens are entitled to present expert eyewitness testimony when unduly suggestive circumstances surround the identification? |
| 24-6273 |
Darren R. Reiner v. Wisconsin |
Wisconsin |
2025-01-13 |
Denied |
Response WaivedRelisted (2)IFP |
brady-violation criminal-procedure due-process evidence-withholding judicial-discretion probable-cause |
1. Not since Brady v. Maryland, 373 U.S. 83 (1963) has a case
been so compelling and brought before the U.S. Supreme Court needing a
federal court rul… |
| 24-6276 |
Robert Anthony Zaccaro v. Florida |
Florida |
2025-01-13 |
Denied |
Response WaivedIFP |
criminal-procedure defendant-rights judicial-discretion jury-determination sentencing-enhancement sentencing-facts |
Whether there are any exceptions to a Defendant's right to a jury determination of any fact which raises his minimum or maximum sentence? |
| 24-6284 |
Christopher Duncan v. United States |
Fifth Circuit |
2025-01-13 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure imprisonment reasonableness sentencing-review supervised-release |
Whether sentences of imprisonment following the revocation of supervised release should be reviewed for reasonableness or plain unreasonableness? |
| 24-731 |
Michigan v. Mark David Woolley |
Michigan |
2025-01-13 |
Denied |
|
criminal-procedure fifth-amendment miranda-warnings polygraph-procedure self-incrimination voluntariness |
Because the Fifth Amendment concerns voluntariness, whether Miranda should at the least be modified to an adjudicatory device rather than a rule of la… |
| 24-6286 |
Frank James v. United States |
Second Circuit |
2025-01-13 |
Denied |
Response WaivedIFP |
appellate-review charging-statute circuit-split criminal-procedure indictment-defect jurisdictional-error |
Whether a defect in an indictment -- of whatever kind -- is categorically a non-jurisdictional error, even if the indictment alleges conduct that is b… |
| 24-6271 |
Javier Francisco Perez v. United States |
Fifth Circuit |
2025-01-13 |
Denied |
Response WaivedIFP |
categorical-approach criminal-procedure felony-offense probation-revocation sentencing-guidelines supervised-release |
I. Whenever a probationer or supervised releasee faces revocation, the Guidelines Manual assigns a grade to the violation "conduct." The violation gra… |
| 24-6257 |
Willie Cory Godbolt v. Mississippi |
Mississippi |
2025-01-10 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process evidence-admissibility fourth-amendment search-and-seizure |
1). a fleujS RrsV AM^Neine/lV pnvileg "Vo sVueldt Vver ^acirce^ -Vru.wjp?. CrirairvaX c^e^w^fyl's v)t<^W Ar/be>,vA<vien-V r'l^j/feV- 4© CjQj^rorvVouV^… |
| 24-6258 |
Michael Collins Iheme v. Minnesota |
Minnesota |
2025-01-10 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process ineffective-counsel judicial-bias sentencing-errors |
1. A defendant who was not defended by attorney in a criminal proceeding in every legal sense projection in his trial T4 but proforma and reluctant de… |
| 24-6265 |
Ryan A. Fleming, Jr. v. United States |
Eighth Circuit |
2025-01-10 |
Denied |
Response WaivedIFP |
criminal-procedure guilty-verdict miscarriage-of-justice police-testimony video-evidence weight-of-evidence |
1. Whether video evidence refuting police testimony that a defendant personally held a gun required reversal of a guilty verdict as sufficiently again… |
| 24-721 |
Jordan Shaun Rodgers v. Texas |
Texas |
2025-01-10 |
Denied |
|
absurdity-doctrine criminal-procedure due-process evidence-law jackson-v-virginia statutory-interpretation |
Whether Texas courts are applying the "absurdity doctrine" in a manner that violates due process?
Whether Jackson v. Virginia tolerates inferences ba… |
| 24A676 |
Mark Tomas Regan v. Massachusetts |
Massachusetts |
2025-01-10 |
Presumed Complete |
|
burden-of-proof criminal-procedure double-jeopardy due-process firearms-possession second-amendment |
Whether the right to keep and bear arms protected by the Second Amendment; the right to be free from conviction except upon proof beyond a reasonable … |
| 24-6239 |
Charles Randy Bowlds, Jr. v. Oklahoma |
Oklahoma |
2025-01-08 |
Denied |
IFP |
appellate-review counsel-waiver criminal-procedure due-process supreme-court-precedent tenth-circuit |
Whether the Oklahoma Court of Criminal Appeals approached this matter of first impression, re-appointment of counsel after a valid waiver of counsel, … |
| 24-6240 |
Jarrell Raeshon Bordeaux v. United States |
Fourth Circuit |
2025-01-08 |
Denied |
Response WaivedIFP |
co-conspirator-testimony conspiracy-evidence constitutional-rights criminal-procedure due-process evidence-admissibility |
Do Federal Corridor Caquitainments ony Courts Yn Opracniesy ytorrnantn?
Shola Gorrdoorabion Caquiramentss Ye implenanted into lass, \n anger ok Se Lo… |
| 24-6241 |
Justin Michael Buehler v. United States |
Eighth Circuit |
2025-01-08 |
Denied |
Response WaivedIFP |
criminal-procedure cross-examination evidence-limitation informant-testimony judicial-discretion witness-credibility |
Did the District Court abuse it's discretion by limiting the defendant's cross examination of the key witness and informant's criminal history? |
| 24-6242 |
Kent Booher v. United States |
Sixth Circuit |
2025-01-08 |
Denied |
Response WaivedIFP |
anders-brief appellate-review criminal-procedure ex-post-facto plain-error substantial-rights |
I. Did the Court of Appeals err when it failed to address the issues raised by the appellant after his appellate counsel filed an Anders brief and mov… |
| 24-6253 |
Victor Clayton v. United States |
Third Circuit |
2025-01-08 |
Denied |
Response WaivedIFP |
criminal-procedure motion-to-dismiss motion-to-withdraw plea-agreement rule-12 sex-trafficking |
1. Did the district court err in denying defendant's motion to dismiss pursuant to federal Rule of Criminal Procedure 12 (b)(3) counts One and Two of … |
| 24-6231 |
Emmanuel Zleh Totaye, Jr. v. Iowa |
Iowa |
2025-01-03 |
Denied |
Response WaivedIFP |
criminal-procedure fair-trial fourteenth-amendment inconsistent-verdict reasonable-doubt sixth-amendment |
Does an inconsistent verdict in a criminal case violate a defendant's right to a fair trial under the Sixth Amendment and their right to be found guil… |
| 24-704 |
Xengxai Yang v. United States |
Seventh Circuit |
2025-01-02 |
Denied |
Response Waived |
collateral-review competency-claim criminal-procedure due-process habeas-corpus procedural-default |
The "conviction of an accused person while he is legally incompetent violates due process," Pate v. Robinson, 383 U.S. 375, 378 (1966), and thus a fed… |
| 24-706 |
Andrew Thomas Cowhy v. Michigan |
Michigan |
2025-01-02 |
Denied |
|
constitutional-law criminal-procedure judicial-precedent jury-trial sentencing sixth-amendment |
Should the Court reexamine its holding in Oregon v. Ice, 555 U.S. 160 (2009), which exempts factual findings necessary to increase a defendant's punis… |
| 24-6218 |
Anthony McCarary v. United States |
Ninth Circuit |
2024-12-31 |
Denied |
Response WaivedIFP |
circuit-split criminal-procedure federal-rules judicial-explanation preservation-of-error sentencing-reasonableness |
To determine whether a sentencing issue is preserved, "The question is simply whether the claimed error was 'brought to the court's attention." Holgui… |
| 24-6209 |
Edvin Santiagomazariegos v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2024-12-30 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fourteenth-amendment ineffective-assistance sixth-amendment supreme-court-precedent |
WHETHER TRIAL COUNSEL'S PERFORMANCE DEPRIVED PETITIONER OF HIS
SIXTH AMENDMENT RIGHT TO EFFECTIVE ASSISTANCE OF COUNSEL AS MADE
APPLICABLE BY THE FO… |
| 24-695 |
Bill Cool, Warden v. Nathaniel Jackson |
Sixth Circuit |
2024-12-30 |
Denied |
|
criminal-procedure death-penalty lockett-precedent mitigation-evidence remand sentencing-review |
Has this Court clearly required state courts to reopen the mitigation evidence in every death-penalty remand, even if the error did not affect the def… |
| 24-6215 |
Liston Watson v. United States |
Sixth Circuit |
2024-12-30 |
Denied |
Response WaivedIFP |
28-usc-2255 criminal-procedure effective-assistance-of-counsel federal-conviction plea-agreement post-conviction-relief |
Whether the right to effective assistance of counsel attaches during a 28 U.S.C. § 2255 proceeding when counsel is communicating a plea agreement to t… |
| 24-6195 |
Oyd McCray v. Jeff Tanner, Warden |
Sixth Circuit |
2024-12-26 |
Denied |
Response WaivedIFP |
actual-innocence criminal-procedure habeas-corpus miscarriage-of-justice schlup-standard sixth-circuit-review |
Where Petitioner presented substantial new evidence that not only shows he is innocent of murder, but further reveals the identity of the actual kille… |
| 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 at trial—without confrontation of the declarant—of documents created in response to a search war… |
| 24A623 |
Bruce E. Alexander v. United States |
Eighth Circuit |
2024-12-23 |
Presumed Complete |
|
corroborating-circumstances criminal-procedure evidence-rule-804 exculpatory-statement hearsay-exception unavailable-witness |
Question not identified. |
| 24-672 |
Erma Wilson v. Midland County, Texas, et al. |
Fifth Circuit |
2024-12-20 |
Pending |
Amici (1)Response RequestedResponse WaivedRelisted (4) |
circuit-split criminal-procedure due-process habeas-corpus section-1983 statutory-interpretation |
1. If a person never had access to § 2254 to impugn the constitutionality of her state criminal proceeding, is § 1983 presumptively available (as in s… |
| 24A607 |
Anthony Craig Weimer v. Montana |
Montana |
2024-12-19 |
Presumed Complete |
|
bail certiorari constitutional-rights criminal-procedure pretrial-liberty supreme-court-review |
Question not identified. |
| 24-6173 |
James Louis Lange, II v. Texas |
Texas |
2024-12-18 |
Denied |
IFP |
competency-hearing court-of-criminal-appeals criminal-procedure due-process mental-competency trial-court |
Did the Texas Court of Criminal Appeals err in denying Applicant's contention that the trial court did not conduct a proper competency inquiry because… |
| 24A597 |
Deonta Lowe v. United States |
Eleventh Circuit |
2024-12-18 |
Presumed Complete |
|
certiorari circuit-split criminal-procedure federal-appeals legal-complexity post-conviction |
Question not identified. |
| 24A602 |
Zackery Terrell v. Texas |
Texas |
2024-12-18 |
Presumed Complete |
|
criminal-procedure eighth-amendment ineffective-assistance plea-bargain right-to-counsel sentencing-guidelines |
Question not identified. |
| 24-6166 |
Hector Arturo Campos v. Texas |
Texas |
2024-12-17 |
Denied |
IFP |
criminal-procedure deadly-weapon legal-standard provocation self-defense sudden-passion |
In the review of a Sudden Passion case, is all evidence of former provocation immaterial?
Trial transcript shows evidence was removed from the scene … |
| 24-6167 |
Rodney J. Lass v. Chris Buesgen, Warden |
Seventh Circuit |
2024-12-17 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure double-jeopardy mistrial prosecutorial-discretion vindictive-prosecution |
1. Can actual vindictive prosecution be found when a mistrial is declared, not caused by a hung jury, and the Prosecutor responds by bringing addition… |
| 24-6150 |
Reginold Cavoy Steed v. Johnny Fitz, Warden |
Sixth Circuit |
2024-12-16 |
Denied |
Response WaivedIFP |
brady-violation criminal-procedure electronic-docket judicial-review post-conviction presentence-report |
1.) Was Te. AS840-35~-209 vinloted Yarough out the Odjudication of this Case?
2) Ts the Content of the Presentence report ascertainable, Without it b… |
| 24-6155 |
Charles Edward Johnson v. United States |
Fifth Circuit |
2024-12-16 |
Denied |
Response WaivedRelisted (2)IFP |
boilerplate-denial constitutional-rights criminal-procedure due-process fifth-amendment sentence-reduction |
WHETHER THE DENIAL OF PETITIONER'S MOTION FOR REDUCTION OF SENTENCE COMPLIES WITH THE FIFTH AMENDMENT GUARANTEE OF DUE PROCESS AND ESTABLISHED PRECEDE… |
| 24A584 |
Daryl Cook v. Tom McGinley, Superintendent, State Correctional Institution at Coal Township, et al. |
Third Circuit |
2024-12-16 |
Presumed Complete |
|
criminal-procedure due-process exculpatory-evidence ineffective-assistance right-to-counsel sixth-amendment |
Question not identified. |
| 24A585 |
Trinidad Alvarado v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2024-12-16 |
Presumed Complete |
|
constitutional-rights criminal-procedure evidence-suppression fourth-amendment methamphetamine-possession search-and-seizure |
Question not identified. |
| 24-6140 |
Terrance L. Lavoll v. Jerry Howell, et al. |
Ninth Circuit |
2024-12-13 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process right-to-counsel sentencing sixth-amendment |
1. Whether Petitioner's Writ of Habeas Corpus was denied in violation of the Fifth Amendment when the state denied his right to appeal and his sentenc… |
| 24-6141 |
Martin Garcia v. United States |
Ninth Circuit |
2024-12-13 |
Denied |
Response WaivedIFP |
aiding-and-abetting categorical-analysis criminal-procedure force-clause hobbs-act statutory-interpretation |
The first question presented is whether Circuits have failed to apply
categorical analysis to aiding and abetting's distinct elements, which do not me… |
| 24-6143 |
Gustavo Navaro v. United States |
Ninth Circuit |
2024-12-13 |
Denied |
Response WaivedIFP |
aiding-and-abetting carjacking categorical-analysis criminal-procedure force-clause statutory-elements |
The first question presented is whether Circuits have failed to apply
categorical analysis to aiding and abetting's distinct elements, which do not me… |
| 24-6118 |
Ezekiel Isiah Delgado v. Neil McDowell, Warden |
Ninth Circuit |
2024-12-12 |
Denied |
IFP |
confession-admissibility criminal-procedure custodial-interrogation due-process miranda-rights supreme-court-precedent |
Delgado was convicted of two counts of first degree murder. In a published decision, the California Court of Appeal held that detectives violated then… |
| 24-6132 |
In Re David Charles Thatcher |
|
2024-12-12 |
Denied |
IFP |
actual-innocence constitutional-violation criminal-procedure habeas-corpus ninth-circuit successive-petition |
1. Whether Mr. Thatcher's actual innocence and the constitutional violations taking place at his trial require the vacatur of his petition.
2. Whethe… |
| 24-6120 |
Leprinceton Dewon Burks v. United States |
Ninth Circuit |
2024-12-11 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure district-court legal-theory mandatory-findings rule-12d |
A. Whether a Federal Rule of Criminal Procedure Rule 12(d) requirement that a district court deciding a motion must state its essential findings is ma… |
| 24-6107 |
Marcus Albert Rambo v. United States |
Eleventh Circuit |
2024-12-10 |
GVR |
IFP |
as-applied-challenge circuit-split constitutional-rights criminal-procedure second-amendment statutory-interpretation |
(1) Whether after New York State Rifle & Pistol Association v. Bruen, 597 U.S. 1 (2022)
and United States v. Rahimi, 602 U.S.__, 144 U.S. 144 S.Ct. 18… |
| 24-6109 |
Kevin Lewis and Otis Ponds v. United States |
Tenth Circuit |
2024-12-10 |
Denied |
Response WaivedIFP |
criminal-procedure department-of-justice evidence-standard statutory-interpretation title-iii wiretap-authorization |
What evidence must the government present in a wiretap application to establish that an authorized official approved the application? And if a defenda… |
| 24-6111 |
Junior Standly Martinez-Martinez v. United States |
Ninth Circuit |
2024-12-10 |
Denied |
Response WaivedIFP |
criminal-procedure indictment judicial-review legal-error motion-to-dismiss |
Whether The Denial Of Mr. Martinez's Motion To Dismiss The Indictment Was Erroneous? |
| 24-6081 |
Christopher Zamarripa v. United States |
Fifth Circuit |
2024-12-05 |
Denied |
Response WaivedIFP |
appeal-waiver criminal-procedure effective-assistance-of-counsel plea-agreement sentencing sixth-amendment |
WHETHER ZAMARRIPA WAS DENIED EFFECTIVE ASSISTANCE OF COUNSEL GUARANTEED BY THE SIXTH AMENDMENT AS A RESULT OF HIS COUNSEL'S ADVICE THAT HE ACCEPT THE … |
| 24-6084 |
Christopher Roalson v. Jon Noble, Warden |
Seventh Circuit |
2024-12-05 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process due-process-clause evidence-preservation forensic-evidence |
Whether allowing an expert witness to discuss other test results or testimonial statements if the testimonial statements were not themselves admitted … |
| 24-6062 |
Efe Clinton Osaghae v. Kansas |
Kansas |
2024-12-04 |
Denied |
Response WaivedIFP |
apprendi-precedent blakely-rule criminal-procedure jury-trial sentencing-enhancement sixth-amendment |
Does this Court's decision in Blakely v. Washington, 542 U.S. 296 (2004) establish an "unpled but admitted facts" exception to the rule set forth in A… |
| 24-6072 |
John Rogers v. United States |
Ninth Circuit |
2024-12-04 |
Denied |
Response WaivedIFP |
criminal-procedure defendant-conduct Does U.S.S.G. §3E1.1 apply when a defendant has vo plea-agreement sentencing-guidelines sentencing-reduction voluntary-termination |
1. Whether the two clauses in 18 U.S.C. §924(c) creates two separate crimes or a single crime and whether the conflation of the elements of the two di… |
| 24-6056 |
Londell Bond v. Jasen Bohinski, Acting Superintendent, State Correctional Institution at Dallas, et al. |
Third Circuit |
2024-12-03 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process ineffective-assistance-of-counsel prejudice-analysis strickland-standard |
Does the "probing and fact-specific analysis" mandated by Strickland v. Washington and Sears v. Upton require courts to weigh both the strengths and w… |
| 24-6061 |
Chadwick Smith v. United States |
Fifth Circuit |
2024-12-03 |
Denied |
Response WaivedIFP |
constitutional-challenge criminal-procedure fifth-circuit-review firearms-conviction plain-error-review second-amendment |
Did the Fifth Circuit err in holding that petitioner's argument that his federal firearms-related conviction violated the Second Amendment, both on it… |
| 24-6064 |
Johnny Nunez Garcia v. United States |
Second Circuit |
2024-12-03 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure de-novo-review firearm-possession second-amendment supervised-release |
Whether the term of supervised release prohibiting possession of firearms violates the Second Amendment? |
| 24-6044 |
Antonio Shropshire v. United States |
Fourth Circuit |
2024-11-27 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure government-seizure sixth-amendment testimonial-autonomy trial-preparation |
Were Shropshire's Sixth Amendment rights violated by the government's seizure of his trial preparation documents?
Did the government violate Shropshi… |
| 24-6047 |
Rodney Tyrone Henry v. United States |
Eighth Circuit |
2024-11-27 |
Denied |
Response WaivedIFP |
18-usc-3553a accomplice-liability circuit-court-review criminal-procedure premeditation sentencing |
The United States Court of Appeals for the Eighth Circuit's decision misapplied the established precedent regarding circumstances that could support a… |
| 24-6042 |
David Leonard Wood v. Texas |
Texas |
2024-11-26 |
Denied |
IFP |
atkins-standard criminal-procedure due-process fourteenth-amendment judicial-disqualification judicial-ethics |
On his campaign website seeking election to the Texas Court of Criminal Appeals, a judge provided a link to a news story praising his ruling that Davi… |
| 24A518 |
Zackary Ellis Sanders v. United States |
Fourth Circuit |
2024-11-26 |
Presumed Complete |
|
child-pornography circuit-split criminal-procedure electronic-data forfeiture-law property-rights |
Whether under 18 U.S.C. § 2253(a), electronic data files are distinct forms of property from the physical devices or medium on which they are stored. |
| 24-577 |
Gilbert Perez v. United States |
First Circuit |
2024-11-25 |
Denied |
Amici (2) |
arrest-search criminal-procedure fourth-amendment law-enforcement luggage-search warrantless-search |
Does the Fourth Amendment prohibit the warrantless search of a backpack, piece of luggage, or other bag carried by an individual at the time of his ar… |
| 24-6031 |
Haitham Yousef Alhindi v. United States |
Eleventh Circuit |
2024-11-25 |
Denied |
Response WaivedIFP |
competency-determination criminal-procedure due-process insanity-defense-reform-act jackson-v-indiana statutory-interpretation |
Whether, given the structure of § 4241(d)(1) and in light of Jackson v. Indiana, 406 U.S. 715 (1972), the four-month period of 18 U.S.C. § 4241(d)(1) … |
| 24A511 |
Harry Lee Goldsboro, II v. Florida |
Florida |
2024-11-25 |
Presumed Complete |
|
appellate-review criminal-procedure discretionary-jurisdiction jurisdictional-requirements notice-of-appeal state-supreme-court |
Question not identified. |
| 24-6011 |
Harry Lee Goldsboro, II v. Florida |
Florida |
2024-11-21 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process ineffective-assistance plea-agreement post-conviction |
Question not identified. |
| 24-6014 |
Ronald Cox v. Ronald S. Weber, Warden, et al. |
Fourth Circuit |
2024-11-21 |
Denied |
IFP |
appellate-review constitutional-claim criminal-procedure exculpatory-evidence ineffective-assistance sixth-amendment |
Did The U.S. Court of Appeals, Fourth Circuit, Err When It Denied Relief To Ineffective Assistance Of Counsel On Petitioner's Sixth Amendment Claim; C… |
| 24-6016 |
Santiago Parks Howard-Rios v. United States |
Fifth Circuit |
2024-11-21 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights indictment jury-trial statutory-maximum |
L Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 24-5987 |
Brandon Howard Mauk v. Michigan |
Michigan |
2024-11-19 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure jury-unanimity multiple-acts state-supreme-court verdict-violation |
Does Michigan violate a defendant's constitutional right to jury unanimity when the State Supreme Court refuses to recognize the difference in unanimi… |
| 24-5990 |
Darius Rush v. James Corrigan, Warden |
Sixth Circuit |
2024-11-19 |
Denied |
Response WaivedIFP |
brady-violation constitutional-rights criminal-procedure due-process evidence-suppression trial-counsel |
Whether defense attorneys' failure to challenge Constitutional violations during trial counsel's opening statement and cross-examination resulted in i… |
| 24A495 |
Jordan Shaun Rodgers v. Texas |
Texas |
2024-11-19 |
Presumed Complete |
|
criminal-procedure diplomatic-intervention foreign-national ineffective-counsel post-conviction-relief texas-criminal-law |
Question not identified. |
| 24-557 |
David Asa Villarreal v. Texas |
Texas |
2024-11-18 |
Granted |
Amici (7)Response RequestedResponse WaivedRelisted (3) |
constitutional-rights criminal-procedure defendant-testimony right-to-counsel sixth-amendment trial-court |
Whether a trial court abridges the defendant's Sixth Amendment right to counsel by prohibiting the defendant and his counsel from discussing the defen… |
| 24-5968 |
Brian Adkison v. Kelly Morriss, Acting Warden |
Eighth Circuit |
2024-11-14 |
Denied |
Relisted (2)IFP |
constitutional-rights criminal-procedure ineffective-assistance jury-trial plain-error strickland-standard |
1. This Court should grant certiorari to clarify that the content prong/proof of prejudice
prong of the Strickland V. Washington Standard relative to… |
| 24-5972 |
Alex N. Morales-Velez v. United States |
First Circuit |
2024-11-14 |
Denied |
Response WaivedIFP |
criminal-procedure ineffective-assistance mandatory-minimum plea-agreement sentencing-recommendation strickland-standard |
1. Whether defense counsel's failure to object to the government's high-end sentencing recommendation —contrary to the terms of the plea agreement fol… |
| 24-535 |
Gregory Rogers v. United States |
Sixth Circuit |
2024-11-13 |
Denied |
|
criminal-procedure expectation-of-privacy fourth-amendment law-enforcement search-and-seizure vehicle-search |
1. Whether an individual sitting in the passenger
seat of a borrowed and lawfully parked vehicle, which
is being used with the standing permission of … |
| 24-5962 |
Preston M. Young v. Angela Phams, Warden, et al. |
Georgia |
2024-11-13 |
Denied |
IFP |
criminal-procedure due-process indictment ineffective-assistance prosecutorial-misconduct sixth-amendment |
1. Whether a defense attorney provide effective assistance of counsel as guaranteed under the Sixth Amendment when he fails to demurrer indictment to … |
| 24-5930 |
Anthony Tawon Williams v. Georgia |
Georgia |
2024-11-07 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process fourteenth-amendment merger-errors sentencing |
1. Whether a defendant indicted, tried, and found guilty of multiple counts of felony murder for the death of a single victim and later finds out that… |
| 24-5938 |
John Charles Schnekenburger v. United States |
Eighth Circuit |
2024-11-07 |
Denied |
Response WaivedIFP |
18-USC-2253 circuit-split criminal-procedure non-contraband-seizure property-forfeiture statutory-interpretation |
1. Whether the scope of 18 USC §2253 allows for the forfeiture of the contents of property, such as real property or electronic devices.
2. Whether a… |
| 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 |
When the interaction between the Prosecution's Victim's Advocate and a testifying witness has been determined by the trial court to have enhanced the … |
| 24-5924 |
Elliot Morales v. New York |
New York |
2024-11-06 |
Denied |
Response WaivedIFP |
criminal-procedure due-process right-to-counsel sentencing-exposure trial-court-procedure waiver |
Does a criminal trial court violate Iowa v. Tovar in failing to advise a defendant, before he waives his right to trial counsel, of the sentencing exp… |
| 24-5926 |
Glenn Thomas v. United States |
Second Circuit |
2024-11-06 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process evidence judicial-discretion sentencing |
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36o To L >FE foT Gou^H w\vm<jE)ft. 6'V Gf^aiv^
Xtjc»S fiivjwc) G,ij.\-rV CouHTSon SYT>no/ 'S>/ung
Gux… |
| 24-5927 |
William Dale Watson v. William Streeter, Warden, et al. |
Eleventh Circuit |
2024-11-06 |
Denied |
Relisted (2)IFP |
criminal-procedure evidence-admissibility judicial-error jurisdictional-challenge prosecutorial-misconduct trial-fairness |
1. Mr. Watson alleged the circuit court did not have the jurisdiction to try his case or sentence him, due to his Forged waiver of arraignment by an o… |
| 24A457 |
Tony Lamons Gooch III v. Tennessee |
Tennessee |
2024-11-06 |
Presumed Complete |
|
constitutional-error criminal-procedure ineffective-assistance post-conviction-relief sixth-amendment trial-counsel |
Question not identified. |
| 24-5893 |
Mahlon Prater, Jr. v. United States |
Sixth Circuit |
2024-11-05 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
burden-of-proof circuit-split conspiracy-charges constitutional-law criminal-procedure double-jeopardy |
1. Whether, when determining if two charged conspiracies violate double jeopardy, the court should assess the degree of difference between two charged… |
| 24-5916 |
Javance Mickey Wilson v. California |
California |
2024-11-05 |
Denied |
IFP |
capital-sentencing constitutional-amendments criminal-procedure death-penalty jury-findings reasonable-doubt |
Does California's capital-sentencing scheme violate the Fifth, Sixth, and Fourteenth Amendments because it fails to require that the jury make the fac… |
| 24-5898 |
Herman Felton, Jr. v. United States |
Fourth Circuit |
2024-11-04 |
Denied |
Response WaivedIFP |
appellate-review constitutional-violation criminal-procedure evidentiary-hearing habeas-corpus pro-se-petition |
1. Why was I denied an Evidentiary Hearing?
2. What's the reason for refusing to hear my case?
3. Why did the Courts agree with the Constitutional vio… |
| 24-5905 |
Huosheng Xian v. United States |
Tenth Circuit |
2024-11-04 |
Denied |
Response WaivedIFP |
circuit-split criminal-procedure jury-verdict mandatory-minimum safety-valve sentencing |
Do the findings embodied in a jury's verdict constrain a sentencing judge's ability to find that a defendant has provided full and truthful informatio… |
| 24A442 |
Dale Scott Heineman v. United States |
Ninth Circuit |
2024-11-04 |
Presumed Complete |
|
criminal-procedure due-process incarceration peonage restitution sentencing |
Question not identified. |
| 24A444 |
Antonio Ulises Barrera-Mackorty v. United States |
Ninth Circuit |
2024-11-04 |
Presumed Complete |
|
constitutional-vagueness criminal-procedure federal-statute immigration-law naturalization supreme-court-jurisdiction |
Question not identified. |
| 24-5891 |
Kimberly Cannon v. Florida |
Florida |
2024-11-01 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fundamental-error judicial-discretion probation-violation sentencing-discretion |
Is it fundamental error for a trial court to consider a subsequent offence without arrest or conviction is fashioning a sentence for a violation of pr… |
| 24-5896 |
Matthew Myke v. Wisconsin |
Wisconsin |
2024-11-01 |
Denied |
Response WaivedIFP |
character-evidence criminal-procedure ineffective-assistance sexual-assault trial-strategy witness-testimony |
1. In a criminal case involving accusations of sexual assault in which the prosecution relies solely upon the testimony of the complainant, is it inef… |
| 24-5897 |
Justin Jermaine Johnson v. Stephen Duncan, Warden |
Fourth Circuit |
2024-11-01 |
Denied |
IFP |
criminal-procedure due-process evidentiary-admission harmless-error mistrial witness-testimony |
allowing investigator to testify via Skype video messenger 1: was
Harmless Error?
2: Was statement to investigators freely and voluntarily given?
3:… |
| 24-496 |
William Michael Crothers v. Wyoming |
Wyoming |
2024-10-31 |
Denied |
Response Waived |
brady-violation criminal-procedure due-process exculpatory-evidence prosecutorial-misconduct witness-credibility |
The Constitutional rule set out in Brady v. Maryland and its progeny requires prosecutors to disclose material, exculpatory evidence to the defense. I… |
| 24-5862 |
Ismael Hernandez-Hernandez v. United States |
Fifth Circuit |
2024-10-31 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure indictment jury-trial prior-conviction statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 24-5871 |
Jeremy Travis Payne v. United States |
Ninth Circuit |
2024-10-31 |
Denied |
Response WaivedIFP |
biometric-data constitutional-rights criminal-procedure fifth-amendment self-incrimination testimonial-evidence |
Is the forced use by the police of a person's biometrics to open a locked cellphone "testimonial" within the meaning of this Court's Fifth Amendment p… |
| 24-477 |
Thomas John Boukamp v. United States |
Fifth Circuit |
2024-10-30 |
Denied |
Response Waived |
competency-to-stand-trial criminal-procedure due-process fifth-circuit judicial-standard mental-capacity |
I. In Dusky v. United States, 362 U.S. 402 (1960), this Court the Dusky standard require that the defendant be
II. Does a defendant have a rational u… |
| 24-478 |
Omnisun Azali v. Ohio |
Ohio |
2024-10-30 |
Denied |
Amici (1)Response Waived |
appellate-review burden-of-proof constitutional-rights criminal-procedure self-defense sufficiency-of-evidence |
Ohio's statutory law "allow ed" Petitioner Omnisun Azali ("Azali") to "act in self-defense[.]" Ohio Revised Code § 2901.05(B)(1) (effective Mar. 28, 2… |
| 24-5859 |
Hugo Rangel-Botello v. Texas |
Texas |
2024-10-30 |
Denied |
Relisted (2)IFP |
constitutional-violation court-of-criminal-appeals criminal-procedure documentary-evidence due-process habeas-corpus |
I.) 0' (/- "tl\L l Dipnc-f £ev>~-t kU6c^<f C.&u^Jy
Ctt>u5£ //-$ d-iSClrpioin />, ftflfiome.^ fo-hCjl. /'4. full
Cl^c/. fo.Hr- dui'cJjih. h
"fh0M fiS d… |
| 24-5861 |
Robert Joseph Schmitt v. Texas |
Texas |
2024-10-30 |
Denied |
Relisted (2)IFP |
concurrent-sentencing constitutional-rights criminal-procedure due-process ineffective-assistance statutory-interpretation |
Did the Texas Court of Criminal Appeals err in not exercising their inherent authority to correct the sentence imposed unlawfully due to the ineffecti… |
| 24-5863 |
Andres C. v. Connecticut |
Connecticut |
2024-10-30 |
Denied |
Response WaivedIFP |
brady-material constitutional-rights criminal-procedure due-process evidence-review prosecutorial-discretion |
Whether, when potential Brady material (Brady v. Maryland, 373 U.S. 83 (1963)), is discovered during a criminal trial—and that material consists of th… |
| 24-5865 |
Reginald Donell Rice v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2024-10-30 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance post-conviction-relief |
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IH'TW SV-A*. tootle \LioUcel Vk Ao-c Wsi. ri^Y"… |
| 24-5868 |
William J. Webb, Jr. v. Delaware |
Delaware |
2024-10-30 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure faretta-hearing pro-se-representation right-to-counsel sixth-amendment |
Was petitioner's Sixth Amendment right to counsel violated when the trial court ordered petitioner to proceed pro se without conducting a proper Faret… |
| 24-5869 |
Shawn Eric Durrah, Jr. v. United States |
Eighth Circuit |
2024-10-30 |
Denied |
Response WaivedIFP |
circuit-split criminal-procedure dangerous-weapon-enhancement drug-distribution firearm-possession sentencing-guidelines |
To resolve a circuit split, this Court should grant the Writ to determine whether, in applying the dangerous weapon enhancement U.S.S.G. § 2D1.1(b)(1)… |
| 24-5840 |
David R. Schachtner v. Chris Brewer, Warden |
Eighth Circuit |
2024-10-29 |
Denied |
Response WaivedRelisted (2)IFP |
criminal-procedure fair-trial impeachment-evidence motion-to-suppress prior-bad-acts trial-court-discretion |
1. Does a court abuse its discretion in upholding a conviction and sentence for a crime that was clearly disproven at trial, based solely on the factu… |
| 24-5852 |
Alexander W. Kawleski v. United States |
Seventh Circuit |
2024-10-29 |
Denied |
Response WaivedIFP |
child-pornography constitutional-authority criminal-procedure due-process interstate-commerce witness-credibility |
(1) Did the Seventh Circuit Court of Appeals and the District Court err when the Government's case rested on Tracy Brown's testimony that she unexpect… |
| 24A416 |
Ricky Durham v. Richard Adams, Warden |
Missouri |
2024-10-29 |
Presumed Complete |
|
constitutional-review criminal-procedure due-process habeas-corpus ineffective-assistance missouri-supreme-court |
Question not identified. |
| 24-5837 |
Ruben Aguilera v. United States |
Fifth Circuit |
2024-10-28 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
appellate-review armed-career-criminal-act certificate-of-appealability criminal-procedure jury-determination section-2255 |
[1] May a petitioner in his initial § 2255 stage who has preserved the claim that a jury must decide the "occasions" clause of the Armed Career Crimin… |
| 24-5823 |
Jose Bernazard v. Mark Miller, Superintendent, Green Haven Correctional Facility |
Second Circuit |
2024-10-25 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process evidentiary-hearing ineffective-assistance post-conviction-relief |
Question not identified. |
| 24-5826 |
In Re Daniel Laurel |
|
2024-10-25 |
Denied |
IFP |
article-iii-jurisdiction constitutional-violations criminal-procedure due-process habeas-corpus judicial-standing |
1) Can lower courts, delay and deny access to Habeas Corpus, and maintain Constitutional adherence?
2) Can a District court proceed with a "case " ag… |
| 24-5829 |
Ricky Donnell Abner v. United States |
Fourth Circuit |
2024-10-25 |
Denied |
Response WaivedIFP |
constructive-amendment criminal-procedure drug-trafficking due-process geographical-location section-924c |
1. Does the §924(c) (1)(A) 'Possession In furtherance of' offense conduct require geographical location be proved as alleged in indictment, when ONE P… |
| 24-5815 |
Joseph S. Addison v. Tim Shoop, Warden |
Sixth Circuit |
2024-10-24 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure right-to-counsel self-representation sixth-amendment trial-court-discretion |
1. What bright line indicates whether a defendant has clearly and unequivocally invoked their right to conduct their own defense?
2. Can a trial-cour… |
| 24-5819 |
Oscar Robinson v. United States |
Eleventh Circuit |
2024-10-24 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure plain-error plea-agreement sentencing substantial-rights |
When a criminal defendant demonstrates that, but for the plain error raised on appeal, his sentence as to each of two separate counts would be differe… |
| 24-5820 |
Tevon Ngomba v. United States |
First Circuit |
2024-10-24 |
Denied |
Response WaivedIFP |
acceptance-of-responsibility criminal-procedure first-circuit obstruction-of-justice sentencing-guidelines united-states-sentencing-guidelines |
I. Whether the Court of Appeals for the First Circuit erred by summarily affirming the district court's imposition of a two-level offense increase for… |
| 24A398 |
Ralph Berry v. United States |
Second Circuit |
2024-10-23 |
Presumed Complete |
|
criminal-procedure en-banc excusable-neglect legal-resources petition-for-rehearing pro-se |
Question not identified. |
| 24-5792 |
Mark A. Whitworth v. United States |
Eighth Circuit |
2024-10-22 |
Denied |
Response WaivedIFP |
criminal-procedure for-cause-strike judicial-discretion jury-selection trial-fairness venireperson-bias |
Should a criminal defendant be required to prove prejudice when a federal district court erroneously strikes a potential juror for cause based on her … |
| 24-5807 |
Christopher Collings v. David Vandergriff, Warden |
Missouri |
2024-10-22 |
Denied |
IFP |
brady-violation cause-and-prejudice criminal-procedure due-process impeachment-evidence prosecutorial-misconduct |
The State built its death penalty case against Christopher Collings on the credibility of its primary law enforcement witness, Wheaton Police Chief Cl… |
| 24A379 |
Londell Bond v. Jasen Bohinski, Acting Superintendent, State Correctional Institution at Dallas, et al. |
Third Circuit |
2024-10-22 |
Presumed Complete |
|
constitutional-rights criminal-procedure habeas-corpus ineffective-assistance post-conviction sixth-amendment |
Question not identified. |
| 24-436 |
Robert James Rainey v. Colorado |
Colorado |
2024-10-18 |
Denied |
Response Waived |
appointed-counsel constitutional-rights criminal-procedure indigent-defendant right-to-counsel sixth-amendment |
Whether, once counsel has been appointed for an indigent defendant, the Sixth Amendment guarantees the defendant the same right to continued represent… |
| 24-5780 |
Alex Ryle v. Brian Emig, Warden, et al. |
Third Circuit |
2024-10-18 |
Denied |
IFP |
constitutional-rights criminal-procedure double-jeopardy fifth-amendment habeas-corpus sentencing |
Was Petitioner's Fifth Amendment protections against multiple punishments for the same offense violated by several convictions and sentences for posse… |
| 24A370 |
Michel D'Angelo v. United States |
First Circuit |
2024-10-18 |
Presumed Complete |
|
attorney-client certiorari communication-barriers criminal-procedure due-process pro-se-petition |
Question not identified. |
| 24-5771 |
Kyle Christopher Zoellner v. City of Arcata, California, et al. |
Ninth Circuit |
2024-10-17 |
Denied |
IFP |
criminal-procedure due-process evidence-tampering fourth-amendment probable-cause sixth-amendment |
1. Fourth Amendment Violation - Lack of Probable Cause at Arrest
° Whether the Ninth Circuit erred in affirming the district court 's judgment that
th… |
| 24-5777 |
Daniel Loren Jenkins v. Erin Reyes, Superintendent, Two Rivers Correctional Institution |
Ninth Circuit |
2024-10-17 |
Denied |
Response WaivedIFP |
attorney-client-privilege confidentiality constitutional-rights criminal-procedure effective-assistance-of-counsel sixth-amendment |
Does clearly established Supreme Court precedent establish that defense counsel renders ineffective assistance of counsel by disclosing information pr… |
| 24A355 |
James Cobb Hutto v. Mississippi |
Mississippi |
2024-10-16 |
Presumed Complete |
|
constitutional-review criminal-procedure habeas-corpus post-conviction successive-petition supreme-court-review |
Question not identified. |
| 24A357 |
Eghbal Saffarinia, aka Eddie Saffarinia v. United States |
District of Columbia |
2024-10-16 |
Presumed Complete |
|
administrative-law agency-investigation criminal-procedure government-forms obstruction-of-justice statutory-interpretation |
1. This case presents an important question about the scope of an obstruction-of-justice statute, 18 U.S.C. §1519. Section 1519 criminalizes false sta… |
| 24-409 |
Roderick Jones v. Tommy Bowen, Warden |
Georgia |
2024-10-11 |
Denied |
Response Waived |
constitutional-rights criminal-procedure due-process ineffective-assistance jury-instructions sixth-amendment |
Whether McCoy v. Louisiana, 584 U.S. 414 138 S. Ct. 1500 (2018) permits counsel to concede his client's guilt in direct contradiction of his testimony… |
| 24-5748 |
LaVanzel Kerr v. United States |
Fifth Circuit |
2024-10-11 |
Denied |
Response WaivedIFP |
affirmative-defense constitutional-challenge criminal-procedure firearms-statute sentencing-guidelines statutory-interpretation |
L. May a district court apply a U.S.S.G. § 2K2.1(b)(6) enhancement without resolving a defendant's affirmative defense claim?
II. Is 18 U.S.C. § 922(… |
| 24-5751 |
Nicolas Dominique v. Florida |
Florida |
2024-10-11 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure due-process judicial-discretion sentencing victim-impact-statement |
IS IT EVER DEEMED UNCONSTITUTIONAL WHEN A JUDGE USE THE VICTIM IMPACT STATEMENT AS AN AGGRAVATING FACTOR OR AS FACT FINDING TO INCREASE DEFENDANT'S PU… |
| 24-5737 |
Matt Jones, aka Mack Jones v. United States |
Third Circuit |
2024-10-10 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure double-jeopardy indictment-dismissal motion-to-suppress speedy-trial |
1. Whether the Third Circuit Court of Appeals, erred in its unprecedented decision in not reversing the District Court's failure to Dismiss the Indict… |
| 24-5738 |
Corloyd Anderson v. United States |
Fourth Circuit |
2024-10-10 |
Denied |
Response WaivedIFP |
affiant-misconduct bad-faith criminal-procedure fourth-amendment probable-cause warrant-clause |
Nearly half a century ago, this Court held that the Fourth Amendment's Warrant Clause "surely takes the affiant's good faith as its premise." Franks v… |
| 24-5728 |
Anthony Raymoné Clark v. Oklahoma |
Oklahoma |
2024-10-09 |
Denied |
IFP |
appeal-process criminal-procedure district-court final-judgment post-conviction procedural-rules |
In my case I timely submitted my original post-conviction application and the trial Judge along with the state's attorney unreasonably created an impe… |
| 24-5729 |
Jerome Coast v. Georgia |
Georgia |
2024-10-09 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process evidence federal-law jurisdiction |
Question not identified. |
| 24-5721 |
Ryan Lawrence Anthony v. Josh Highberger, Superintendent, Oregon State Correctional Institution |
Ninth Circuit |
2024-10-08 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process exculpatory-evidence habeas-corpus serial-killer-confession |
Strengthening Chambers v. Mississippi, this Court in Holmes v. South Carolina, 547 U.S. 319 (2006), held that even where the government's forensic evi… |
| 24A336 |
Michael Tyrone Young v. United States |
Eleventh Circuit |
2024-10-08 |
Presumed Complete |
|
appellate-review criminal-procedure district-court eleventh-circuit federal-jurisdiction writ-of-certiorari |
Question not identified. |
| 24-391 |
Felipe Petrone-Cabanas v. Arizona |
Arizona |
2024-10-08 |
Denied |
Amici (2)Response RequestedResponse WaivedRelisted (2) |
criminal-procedure jones-v-mississippi juvenile-sentencing life-without-parole miller-v-alabama sentencing-discretion |
Whether juveniles may be sentenced to life without parole under a system that did not afford the sentencing court discretion to choose any lesser opti… |
| 24-5725 |
Jose G. Barajas Gomez v. Daniel W. White, Superintendent, Monroe Correctional Complex |
Ninth Circuit |
2024-10-08 |
Denied |
Response WaivedRelisted (2)IFP |
capital-punishment criminal-procedure ineffective-assistance mitigating-evidence sentencing-phase sixth-amendment |
Question not identified. |
| 24-5714 |
Gerardo Farias-Contreras v. United States |
Ninth Circuit |
2024-10-07 |
Denied |
Response RequestedResponse WaivedRelisted (4)IFP |
circuit-court-variation criminal-procedure government-breach plain-error-review plea-agreement sentencing-recommendation |
Does "plain-error review" of a defendant's claim that the government breached a plea agreement focus on the "scope of the Government's commitments" to… |
| 24-5715 |
Lashaun Casey v. United States |
First Circuit |
2024-10-07 |
Denied |
Response WaivedIFP |
criminal-procedure ineffective-assistance law-enforcement-questioning safe-harbor statement-suppression strickland-standard |
Whether, under the framework set out in Strickland v. Washington, 466 U.S. 668 (1984), trial counsel rendered ineffective assistance by not moving to … |
| 24-5717 |
David Devaney, Jr. v. United States |
Fifth Circuit |
2024-10-07 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
criminal-procedure due-process fifth-amendment interrogation right-to-counsel self-incrimination |
Whether the statement of "I have to get a lawyer, I have to shut the interview down" constitutes an unambiguous request for counsel, and can a defenda… |
| 24-5706 |
Paul Gary Wallace v. United States |
Ninth Circuit |
2024-10-04 |
Denied |
Response WaivedIFP |
ballistics-evidence criminal-procedure due-process forensic-testimony scientific-reliability toolmark-identification |
Whether and to what extent it violates a defendant's due process rights to allow a firearms examiner to testify conclusively that two sets of ballisti… |
| 24-5695 |
Deandre Johnson v. Chadwick Dotson, Director, Virginia Department of Corrections |
Fourth Circuit |
2024-10-03 |
Denied |
Response WaivedIFP |
appellate-review constitutional-claims criminal-procedure due-process habeas-corpus sentencing |
Whether Reasonable Doubt Find Defandgue Coonsacg Refzetiweness Foe. Cocinte To Argue Pentres Spe Mars Did Not Consrinue Theoms As Befined By Eloms.
O… |
| 24-5700 |
Andersen Rable v. United States |
Eleventh Circuit |
2024-10-03 |
Denied |
Response RequestedResponse WaivedRelisted (3)IFP |
atf-interpretation criminal-procedure evidence-admissibility federal-firearms-license firearms-regulation mens-rea |
1. Whether the District Court, Erred When It Refused to Allow Evidence of the Fact That the Bureau of Alcohol Tobacco and Firearms (hereinafter ATF), … |
| 24-5691 |
Antoine Edwards v. Bradley Scott, et al. |
Fifth Circuit |
2024-10-02 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process ineffective-counsel sixth-amendment speedy-trial-act |
1) What is the remedy for Speedy Trial Act violation; Deprivation 18 U.S.C.A § 3161 et seq.; 6 Amendment U.S. Constitutional Eight?
2) Is Barker v. W… |
| 24-5692 |
Jamie Patrick Hahn v. Angela Reaves, Warden, et al. |
Georgia |
2024-10-02 |
Denied |
Relisted (2)IFP |
constitutional-review criminal-procedure false-evidence habeas-corpus right-to-counsel sixth-amendment |
1. Will zhrs Court review the validity of the indick ment which iS @
double Jd &¢pardy Violakion by the Tiled date of return? As well as
the court's l… |
| 24A319 |
Hugo Rangel-Botello v. Texas |
Texas |
2024-10-02 |
Presumed Complete |
|
counsel-performance criminal-procedure habeas-corpus ineffective-assistance plea-agreement sixth-amendment |
Question not identified. |
| 24A320 |
Joshua Idlefonso Villalobos v. Kris Mayes, Attorney General of Arizona, et al. |
Ninth Circuit |
2024-10-02 |
Presumed Complete |
|
criminal-procedure federal-review habeas-corpus ninth-circuit post-conviction procedural-rules |
Question not identified. |
| 24-372 |
William Robert Taft v. Colorado |
Colorado |
2024-10-02 |
Denied |
Response Waived |
criminal-procedure fourth-amendment probable-cause protective-sweep unreasonable-search warrant-requirement |
Thirty-four years ago, in Maryland v. Buie , 494 U.S. 325 (1990), this Court ruled that the protective sweep exception to the warrant requirement allo… |
| 24-5677 |
Kelly Daniel Bass v. Chadwick Dotson, Director, Virginia Department of Corrections |
Fourth Circuit |
2024-10-01 |
Denied |
Response WaivedIFP |
constitutional-rights courtroom-closure criminal-procedure ineffective-assistance right-to-counsel speedy-trial |
1. Whether criminal defendants are required to prove prejudice
for an ineffective assistance of counsel claim where counsel is
absent and the defenda… |
| 24-5679 |
Christopher Michael Sevier v. United States |
Fifth Circuit |
2024-10-01 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
constitutional-law criminal-procedure fifth-amendment sentencing-guidelines sixth-amendment statutory-interpretation |
Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments? |
| 24-5684 |
Raunel Garcia-Suarez v. United States |
Fifth Circuit |
2024-10-01 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights indictment jury-trial statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 24-5685 |
Okwuchukwu Jidoefor v. United States |
Eighth Circuit |
2024-10-01 |
Denied |
Response WaivedIFP |
circuit-court-interpretation contract-law criminal-procedure government-breach judicial-review plea-agreement |
Whether the Eighth Circuit's holding that the government could cure its breach of a plea agreement in a criminal case can be cured by a partial retrac… |
| 24-5652 |
Tiffany Smith v. Shannon Olds, Warden |
Sixth Circuit |
2024-09-27 |
Denied |
IFP |
criminal-procedure due-process fourteenth-amendment jury-discretion provocation self-defense |
QUESTION 1 - Within the context of SUFFICIENCY of Jackson v. Virginia. 443 U.S. 307, at 317 n.10. When
the defense of self-defense and provocation ha… |
| 24-5647 |
David Rashaun Hamil, Jr. v. Florida |
Florida |
2024-09-26 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure fourteenth-amendment jury-trial sixth-amendment social-science |
Whether Petitioner was derived of his right, under the Sixth and Fourteenth Amendments, to a trial by a 12 person jury when the defendant is charged w… |
| 24-5648 |
Aramian Scott v. Illinois |
Illinois |
2024-09-26 |
Denied |
IFP |
aggravating-factor constitutional-rights criminal-procedure due-process sentence-enhancement subject-matter-jurisdiction |
IS PETITIONER 'S 25-YEAR SENTENCE ENHANCEMENT, FOR PERSONAL DISCHARGE OF A FIREARM VOID, WHERE THE STATE COURT LACKED SUBJECT MATTER JURISDICTION TO E… |
| 24-5610 |
Harold U. McGhee v. United States |
Seventh Circuit |
2024-09-25 |
Denied |
Response WaivedIFP |
abuse-of-discretion criminal-procedure franks-motion gps-tracker sixth-amendment warrant-affidavit |
1. Whether the District Court committed Procedural and substantive error when it denied the Defendant's Franks Motion?
2. Whether the District Court … |
| 24-5630 |
Ernie Sacoman v. David Cole, Warden |
Tenth Circuit |
2024-09-25 |
Denied |
Relisted (2)IFP |
correctional-facility criminal-procedure good-time-credits habeas-corpus parole-modification sentencing-discretion |
(1.) CAN A COURT OF CORRECTIONAL FACILITY CHANGE PETITIONER'S PAROLE FROM 3/-2/-10 (D) 1ST DEGREE FELONY AND WHO HAS SERVED THE SENTENCE OF IMPRISONME… |
| 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 |
Question not identified. |
| 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 |
1. Whether the Sixth Amendment's Confrontation Clause applies to out-of-court statements admitted as evidence against criminal defendants if, and only… |
| 24-5613 |
In Re Lyndon C. Davis |
|
2024-09-24 |
Denied |
Relisted (2)IFP |
appellate-review constitutional-claims criminal-procedure due-process habeas-corpus ineffective-assistance |
i) Whether on the Sixth Amendment, the Prosecutor deprived Petitioner's "Ineffective Assistance of Counsel" testimony of evidence denied him due proce… |
| 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 |
Historical documents showing that the Framers would have understood the jury right to apply to forfeitures of recognizance, a proceeding similar to re… |
| 24-5587 |
Clayton Cornelius Reynolds v. Texas |
Texas |
2024-09-20 |
Denied |
IFP |
constitutional-review criminal-procedure habeas-corpus ninth-circuit post-conviction-relief state-court-review |
1) Did the Court of Appeals error, lou Albuns eco hosel tole an A Sees eak€ chen there wAS an bbuious Tresecuel Arcealable icsue.
2.) Teal founels tu… |
| 24-5594 |
Seldrick Carpenter v. United States |
Seventh Circuit |
2024-09-20 |
Denied |
Amici (1)Response RequestedResponse WaivedRelisted (2)IFP |
article-iii constitutional-rights criminal-procedure jury-trial sixth-amendment supervised-release |
IL Historical documents show that the Framers would have understood the jury right to apply to forfeitures of recognizance, a proceeding similar to re… |
| 24-5595 |
David Tran v. United States |
Fifth Circuit |
2024-09-20 |
Denied |
Response WaivedIFP |
criminal-procedure due-process guilty-plea plea-withdrawal voluntariness |
If a guilty plea was not entered into knowingly and voluntarily, may it be withdrawn under without inquiry into other factors? |
| 24-5597 |
Justin Andre Lamoureux v. Florida |
Florida |
2024-09-20 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure due-process felony statutory-provisions |
Question not identified. |
| 24-5600 |
Abimael Narvaez-Rosa v. United States |
First Circuit |
2024-09-20 |
Denied |
Response WaivedIFP |
criminal-procedure first-circuit incarceration-term judicial-breach plea-agreement sentencing-error |
Whether the United States court of Appeals for the First Circuit erred in rejecting Narvaez-Rosa's claim of a procedural sentencing error, when the Un… |
| 24-5573 |
Johnathan Samuel Borden v. United States |
Fifth Circuit |
2024-09-19 |
Denied |
Response WaivedIFP |
criminal-procedure suppression-motion |
Whether Borden's suppression motion should have been granted? |
| 24-5576 |
Jose Antonio Campos-Esqueda v. United States |
Fifth Circuit |
2024-09-19 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure firearms-possession interstate-commerce second-amendment statutory-interpretation |
I. Whether 18 U.S.C. §922(g)(1) comports with the Second Amendment?
II. Whether 18 U.S.C. §922(g) permits conviction for the possession of any firear… |
| 24-5580 |
Octavius Artis v. United States |
Fourth Circuit |
2024-09-19 |
Denied |
Response WaivedIFP |
career-offender criminal-procedure factual-basis plea-agreement sentencing-guidelines voluntary-plea |
Whether the district court erred in sentencing Artis as a career offender where he did not have two prior controlled substance offenses required for a… |
| 24-5571 |
Bakari Abdul Brown v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2024-09-18 |
Denied |
IFP |
appellate-review circuit-split criminal-procedure felony-conviction ineffective-assistance stipulation |
In proving felon status, is there a conflict between appellate courts where one court holds that trial counsel is not ineffective for offering a stipu… |
| 24-5566 |
Curtis Hunter v. Lieutenant Morris, et al. |
Eleventh Circuit |
2024-09-17 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process eleventh-circuit federal-appeals habeas-corpus |
Where defendant only administers tests, X-Ray, MRI which revealed the only solution is a Total Knee Replacement, and failed to perform the surgery, th… |
| 24-295 |
Donald Herrington v. Chadwick Dotson, Director, Virginia Department of Corrections |
Fourth Circuit |
2024-09-16 |
Denied |
Response Waived |
circuit-split criminal-procedure fifth-amendment right-to-counsel sixth-amendment waiver-of-counsel |
1. Whether the Fourth Circuit erred by holding, in conflict with other circuits and a plurality opinion of this Court, that a criminal defendant can v… |
| 24-5554 |
Harry Lee Goldsboro v. Florida |
Florida |
2024-09-16 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process ineffective-counsel judicial-review procedural-error |
Question not identified. |
| 24-5536 |
Jose Reyes Ochoa v. United States |
Third Circuit |
2024-09-13 |
Denied |
Response WaivedIFP |
appellant-rights court-ruling criminal-procedure duress-defense judicial-discretion legal-error |
Did the Court err in precluding Appellant's "duress" defense? |
| 24-5540 |
Mykel Lee McMillion v. United States |
Eighth Circuit |
2024-09-13 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure firearm-possession fourth-amendment open-carry warrantless-seizure |
Whether the possession of a firearm in an open-carry state, combined with other wholly innocent factors, is sufficient to justify a warrantless seizur… |
| 24-5545 |
Humberto Falcon San-Martin v. United States |
Eleventh Circuit |
2024-09-13 |
Denied |
Response WaivedIFP |
circuit-conflict constitutional-theory criminal-procedure government-agents judicial-doctrine sentencing-entrapment |
Whether the conduct of government agents or officials can constitute sentencing entrapment, as that constitutional theory is recognized outside of sen… |
| 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 and asserting that the cause of death was homicide—is "testimonial" und… |
| 24-5530 |
Manuel Larry Jackson v. United States |
Ninth Circuit |
2024-09-12 |
Denied |
Response WaivedIFP |
criminal-procedure due-process evidence-preclusion fifth-amendment percipient-witness sixth-amendment |
Do the Fifth and Sixth Amendments guarantee a defendant the right to call a percipient witness to nearly the entirety of the Government's evidence pre… |
| 24-5514 |
Christopher Jensen v. Illinois |
Illinois |
2024-09-11 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure evidence-law jury-instructions sentencing trial-court |
1) When for A Whit of Cerbirar To decide which leecrd es tle altinse attihat al
2) do tu< dide_rihal Kecard 2 atturabe ac Cortect wtep.
3) When ted … |
| 24-5519 |
Matthew Peddicord v. United States |
Eleventh Circuit |
2024-09-11 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
circuit-split criminal-procedure evidence-admissibility prior-bad-acts propensity-evidence rule-404b |
Whether evidence of prior bad acts is admissible under Rule 404(b) where its relevance to a proper purpose depends on propensity reasoning. |
| 24-5500 |
Terris Chanley Baker v. United States |
Sixth Circuit |
2024-09-10 |
Denied |
Response WaivedIFP |
conspiracy criminal-procedure evidence-standard federal-rule-of-evidence probative-knowledge whether-character-evidence |
I. Whether character evidence dated after the conclusion of a conspiracy is probative of knowledge under Federal Rule of Evidence 404(b)?
II. What pr… |
| 24-5509 |
James Rashad Clay v. Roy Odum, Warden |
Eleventh Circuit |
2024-09-10 |
Denied |
Response WaivedIFP |
chain-of-custody constitutional-rights criminal-procedure due-process forensic-evidence witness-testimony |
I. Who was the November 11, 2013 gunshot residue report under Division of Forensic Sciences Case# 2013-10 4511 by Georgia Bureau of Investigation exam… |
| 24-5510 |
Dawayne Rolin Walker v. Michigan |
Michigan |
2024-09-10 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process evidence judicial-procedure witness-testimony |
Aejj-hfitdrio# vJ^s c,\e.cK<\i St+&$£s4ecl ,
VJ<xi V S'tawv as pbofo MCi W<4kfcf
io // »h'l-'CoLX\\
4\)C >J t4/i&ss
wfrs *»«*><* h;s ?cel^'*<y e**»\f… |
| 24-5486 |
Joel Salcedo v. United States |
Ninth Circuit |
2024-09-09 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process sixth-amendment speedy-trial |
Violation of the U.S. Constitution by Depriving the Petitioner his Right to a speedy trial Guaranteed by the U.S. Constitution Amendment VI. |
| 24-5490 |
Eric Michael Corder v. Shawn Straughn, Superintendent, Northern Correctional Center |
West Virginia |
2024-09-09 |
Denied |
IFP |
constitutional-rights criminal-procedure defendant-hearing due-process legal-waiver plea-agreement |
Is it Constitutional for a state to deny a defendant a hearing without the defendant formally waiving the hearing?
Is it Constitutional for a defenda… |
| 24-5492 |
Jalen Rashad Pasley v. United States |
Sixth Circuit |
2024-09-09 |
Denied |
Response WaivedIFP |
criminal-procedure deprivation-of-liberty fifth-amendment individualized-assessment sentencing-conditions supervised-release |
Under the Fifth Amendment, is a district court required to orally pronounce at sentencing all discretionary "standard conditions" of supervised releas… |
| 24-5496 |
Jose Manuel Galan v. Jeff Macomber, Secretary, California Department of Corrections and Rehabilitation |
Ninth Circuit |
2024-09-09 |
Denied |
IFP |
child-sexual-abuse criminal-procedure due-process ex-post-facto jury-instructions penal-code |
1. Did the admission of evidence of child sexual abuse accommodation syndrome ("CSAAS") violated Petitioner's due process rights?
2. Did the trial co… |
| 24-5497 |
Michael Scott Hoover v. United States |
Fourth Circuit |
2024-09-09 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process evidentiary-hearing judicial-review reversible-error |
Is the clause in 18 USC. §2235 that produces or transmitted using materials that have been mailed, shipped, or transported in or affecting interstate … |
| 24-253 |
Avery Curry Archuleta, aka Avery Archuleta v. United States |
Ninth Circuit |
2024-09-06 |
Denied |
Response Waived |
criminal-procedure jury-instruction legal-standard self-defense trial-court unanimity |
The Petitioner, Avery Curry Archuleta, asks this Court to clarify that trial courts instruct juries that any decision on a self-defense must be unanim… |
| 24-5476 |
In Re William Harold Wright, Jr. |
|
2024-09-06 |
Denied |
Response WaivedRelisted (2)IFP |
constitutional-claim criminal-procedure habeas-corpus motion-to-vacate procedural-bar sentence-correction |
Did the district court err in dismissing Wright's amended § 2255 motion to vacate, set aside, or correct sentence based on a constructive amendment cl… |
| 24-5481 |
Cody Mercure v. United States |
First Circuit |
2024-09-06 |
Denied |
Response WaivedIFP |
criminal-procedure eighth-amendment federal-sentencing judicial-review proportionality sentencing-guidelines |
Did the sentence of three hundred months violate the grossly disproportionate protection afforded by the unusual sentence prohibition under the Eighth… |
| 24-5482 |
Travis Adam Brown v. United States |
Fifth Circuit |
2024-09-06 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure gun-rights second-amendment statutory-interpretation substantive-reasonableness |
Whether 18 U.S.C. § 922(g)(1) is constitutional under the Second Amendment.
Whether substantive reasonableness review necessarily requires the court … |
| 24-5483 |
Spyros Panos v. United States |
Second Circuit |
2024-09-06 |
Denied |
Response WaivedIFP |
attorney-ethics conflict-of-interest constitutional-law criminal-procedure ineffective-assistance prejudice-standard |
In Cuyler v. Sullivan, 446 U.S. 335 (1980), this Court held that a defendant alleging ineffective assistance of counsel based on a lawyer's conflict o… |
| 24-5464 |
Jeromy Schiedenhelm v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2024-09-05 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process evidence-sufficiency ineffective-assistance trial-counsel |
QUESTION ONE. IF TRIAL COUNSEL FAILS TO, AND REFUSES A DEFENDANTS REPEATED DEMANDS TO FILE A MOTION TO SUPPRESS AND MAKE THE PROPER FOURTH AMENDMENT C… |
| 24-5467 |
Joseph Miller v. Dan Redington |
Eighth Circuit |
2024-09-05 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process exculpatory-evidence prosecutorial-misconduct witness-testimony |
I. Does Evidence That was in the STATE'S Possession: An Affidavit Signed by The PROSECUTOR: Recorded Evidence in Doctor's Note; And Transcripts from P… |
| 24-5468 |
Dennis L. Flint v. Florida |
Florida |
2024-09-05 |
Denied |
IFP |
constitutional-law criminal-procedure double-jeopardy precedent resentencing sentence-enhancement |
Can petitioner cl 3errfence cx\[ curbed during r£S£n4-epcin^ \mf-Photdr running afoui c*P double jeopardy principles and curren+ precedent Conrtroltin… |
| 24-5469 |
Carl Mott v. Paul Schreiber, Acting Warden |
Sixth Circuit |
2024-09-05 |
Denied |
Response WaivedRelisted (2)IFP |
constitutional-law criminal-procedure due-process habeas-corpus |
1. DID THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN AND THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT ERRONEOUSLY … |
| 24-5470 |
Larry Jerome Grady v. Kevin White, et al. |
Eleventh Circuit |
2024-09-05 |
Denied |
Response WaivedIFP |
constitutional-challenge criminal-procedure dna-testing post-conviction-relief scientific-evidence statutory-interpretation |
Question not identified. |
| 24-5473 |
James Williams v. United States |
Second Circuit |
2024-09-05 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fourth-amendment probable-cause search-and-seizure warrant-requirement |
(1) Did the previous alleged criminal Joe at the Counts Aiden & oo rts LOVNDIOAT OCIA \ ancl when Shere were ext Ce. ae 4 J ine USe ok on Qirearm An R… |
| 24-5475 |
Joshua Joel Zamora Gonzales v. California Victim's Compensation Board |
California |
2024-09-05 |
Denied |
Response WaivedIFP |
conviction-appeal criminal-procedure due-process evidence-challenge judicial-review presumption-of-innocence |
Question not identified. |
| 24-247 |
Kenneth Kelley v. William S. Bohrer, Warden, et al. |
Fourth Circuit |
2024-09-04 |
Denied |
Response Waived |
criminal-procedure due-process guilty-plea habeas-corpus mens-rea vehicular-homicide |
Does this Court's clearly established precedent require an explanation and understanding of the elements of each charge to which a defendant pleads gu… |
| 24-5445 |
Soren Richard Olsen, II v. Washington |
Washington |
2024-09-04 |
Denied |
IFP |
constitutional-rights criminal-procedure habeas-corpus newly-discovered-evidence post-conviction-relief prosecutorial-discretion |
Question not identified. |
| 24-5447 |
Wilbert Lee Nubine v. Oklahoma |
Oklahoma |
2024-09-04 |
Denied |
IFP |
constitutional-law criminal-procedure due-process ex-post-facto parole-hearing statutory-interpretation |
(1) Whether a public interest is at stake with Petitioner's Ex Post Facto Clause violation issue of Oklahoma by Repeal law forbid female and male pris… |
| 24-5450 |
Anthony H. Warnick v. Oklahoma |
Oklahoma |
2024-09-04 |
Denied |
Relisted (2)IFP |
criminal-procedure criminal-prosecution mcgirt-decision state-law tribal-jurisdiction tribal-lands |
IcLC-k 5 jUf'' 5cl i c_+i
ooorrbr^) Can Oklahoma
Incarcesochs- ar\ ZL.nd\ar\ pi/rsuarrf "h> a- jpd^rnerff
rf dejJo\A q-P lur'isi'icJ-ion ~H>on ~l~o p… |
| 24-5451 |
Martin Moncada-de la Cruz v. United States |
Fifth Circuit |
2024-09-04 |
Denied |
IFP |
controlled-substances-act criminal-procedure drug-possession intent-to-distribute material-evidence witness-deportation |
1. Whether, for purposes of the Controlled Substances Act, proof of possession with intent to distribute requires a showing of control over the drugs,… |
| 24-5452 |
Dustin Sierra, aka Dustin Sierro v. United States |
Eighth Circuit |
2024-09-04 |
Denied |
Response WaivedIFP |
co-defendant criminal-procedure due-process eighth-circuit kidnapping severance |
I. Whether or not the defendant's case shoul d have been severed from
that of hi s co-defendant brother.
II. Whether or not the government proved that… |
| 24-5456 |
Robert Paul Durrell v. United States |
Sixth Circuit |
2024-09-04 |
GVR |
Relisted (2)IFP |
circuit-split criminal-procedure sentencing-discretion sentencing-factors statutory-interpretation supervised-release |
The supervised-release statute, 18 U.S.C. § 3583(e), lists factors from 18 U.S.C. § 3553(a) for a court to consider when sentencing a person for viola… |
| 24A237 |
Andre Michael Dubois v. United States |
Eleventh Circuit |
2024-09-04 |
Presumed Complete |
|
amendment-821 criminal-procedure eleventh-circuit federal-sentencing retroactive-relief sentencing-guidelines |
Question not identified. |
| 24A238 |
Gregory Rogers v. United States |
Sixth Circuit |
2024-09-04 |
Presumed Complete |
|
criminal-procedure expectation-of-privacy fourth-amendment probable-cause vehicle-search warrantless-search |
Question not identified. |
| 24-5435 |
Orlando Sanchez v. Fidencio N. Guzman, Warden |
Ninth Circuit |
2024-09-03 |
Denied |
IFP |
appellate-procedure constitutional-law criminal-procedure due-process judicial-review trial-rights |
1. Does the U.S. Supreme Court have jurisdiction to review the trial court's prejudicial error in refusing to instruct the jury on the perfect self-de… |
| 24A228 |
Elliot Morales v. New York |
New York |
2024-09-03 |
Presumed Complete |
|
criminal-procedure pro-se-representation right-to-counsel sentencing-exposure sixth-amendment waiver |
Whether a criminal trial court violates Iowa v. Tovar, 541 U.S. 77 (2004), in failing to advise a defendant, before he waives his right to trial couns… |
| 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 – pursuant to this Court's holding in Hemphill v. New York, 595 U.S. 140 (2022) – the Petitioner's constitutional right of confrontation was v… |
| 24-5431 |
Jacob Valle v. Florida |
Florida |
2024-08-30 |
Denied |
Response WaivedIFP |
criminal-procedure fourteenth-amendment jury-trial sixth-amendment social-science unanimous-verdict |
Whether Petitioner was derived of his right, under the Sixth and Fourteenth Amendments, to a trial by a 12-person jury when the defendant is charged w… |
| 24-5432 |
Irina Collier v. Donald J. Trump |
District of Columbia |
2024-08-30 |
Dismissed |
Relisted (2)IFP |
constitutional-rights criminal-procedure due-process equal-protection post-conviction-relief temporal-limitations |
Question not identified. |
| 24-227 |
John Kevin Woodward v. California, et al. |
California |
2024-08-29 |
Denied |
Response RequestedResponse WaivedRelisted (5) |
acquittal criminal-procedure double-jeopardy fifth-amendment judicial-interpretation substantial-evidence |
The Fifth Amendment's Double Jeopardy Clause bars retrial whenever a court's order dismissing a criminal case constitutes an "acquittal." Under this C… |
| 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 |
CWc\ dee^ved \V ^nx.&£M *Vo " Woo/e, W avooVWercicty (Mx{
^Ejcjt\ V ^©V\ wJdt gk (xw^reWstve <taW-XA\'cyv. oV'WW aac>uac\\ ,
ydW^A- vV dW'f (AAdvA.^… |
| 24-5398 |
William Michael Talley v. Texas |
Texas |
2024-08-27 |
Denied |
Relisted (2)IFP |
constitutional-rights criminal-procedure due-process exculpatory-evidence habeas-corpus judicial-review |
UMV«6^v {AtAoitl , fekrkext" eu% o
ask -VWs (Lec^-Vtb r^uieM) -H^e- de,di^io^ ©k fVk /e^ped-'&d l\
e 'AeitcLS Cou^k" Of
Cv'T'wkect A^pecxk c)^wicc\ e>… |
| 24-5402 |
Craig Foote v. United States |
Third Circuit |
2024-08-27 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
counsel criminal-procedure ineffective-assistance sixth-amendment |
1. Was Petitioner denied the effective assistance of counsel? |
| 24-5401 |
Whitney Leigh Estep v. United States |
Fourth Circuit |
2024-08-27 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure fifth-amendment fourth-circuit sentencing-discretion witness-testimony |
A. WHETHER THE FOURTH CIRCUIT COURT OF APPEALS ERRED BY DENYING MS. ESTEP'S ARGUMENT THAT THE DISTRICT COURT COMMITTED REVERSIBLE ERROR BY ALLOWING TH… |
| 24-5405 |
Michael Edwin Harding v. United States |
Eleventh Circuit |
2024-08-27 |
Denied |
Response WaivedIFP |
criminal-procedure due-process ineffective-assistance plea-bargaining prejudice-standard sentencing-guidelines |
Whether contrary to Lee v. United States, 137 S.Ct. 1958 (2017), the district court applied the incorrect prejudice standard to support its decision t… |
| 24-5388 |
John Joseph Douglas v. United States |
Eighth Circuit |
2024-08-26 |
Denied |
Response WaivedIFP |
accomplice-liability armed-career-criminal-act criminal-liability criminal-procedure separate-offenses statutory-interpretation |
I.IF A PERSON IS HELD CRIMINALLY LIABLE FOR AN OFFENSE,
COMMITTED BT ANOTHER, UNDER A "REASONABLE AND FORESEEABLE
ACTS" ACCOMPLICE LIABILITY STATUTE,… |
| 24-5379 |
Stephen T. Mitchell v. New York, et al. |
Second Circuit |
2024-08-23 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process evidentiary-ruling habeas-corpus hearsay-exclusion |
Whether the United States Court of Appeals for the Second Circuit should have granted a Certificate of Appealability to the habeas petitioner because … |
| 24A192 |
Sherman Brown v. Kevin McCoy, Warden |
Fourth Circuit |
2024-08-22 |
Presumed Complete |
|
constitutional-rights criminal-procedure fourth-circuit innocence-project post-conviction writ-of-certiorari |
Question not identified. |
| 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 |
Question not identified. |
| 24-5346 |
In Re Jeremy Dewayne Foster |
|
2024-08-20 |
Denied |
IFP |
constitutional-rights criminal-procedure dna-testing due-process exculpatory-evidence post-conviction-relief |
Question not identified. |
| 24-5349 |
Ryan Monroe Allen v. Tennessee |
Tennessee |
2024-08-20 |
Denied |
IFP |
criminal-procedure faretta-hearing ineffective-assistance-of-counsel pro-se-representation sixth-amendment-rights trial-court-discretion |
I. HAVE THE TENNESSEE CRIMINAL COURT OF APPEALS DECIDED AN IMPORTANT
FEDERAL QUESTION IN A WAY THAT CONFLICTS WITH RELEVANT DECISIONS OF
THE UNITED … |
| 24-5350 |
Jay Sandon Cooper v. Texas |
Texas |
2024-08-20 |
Denied |
Relisted (2)IFP |
bill-of-rights constitutional-rights criminal-procedure due-process fundamental-rights judicial-duty |
Whether the judicial duty to identify and protect constitutional rights described in Obergefell v. Hodges (a civil case) applies to State criminal cas… |
| 24-5343 |
Victor Darnell Berry v. United States |
Fourth Circuit |
2024-08-19 |
Denied |
Response WaivedIFP |
constitutional-right-to-defense conviction-set-aside criminal-procedure felon-in-possession knowledge-element youth-rehabilitation-act |
I. Where a conviction that is the basis for a felon in possession of a firearm charge has been set aside at the time of sentencing, does the statutory… |
| 24-5324 |
Marnell Johnson v. United States |
Third Circuit |
2024-08-16 |
Denied |
Response WaivedIFP |
5th-amendment circuit-split constructive-possession criminal-procedure due-process joint-possession |
Does the 3rd Circuit's interpretation of constructive possession doctrine, especially in joint constructive possession cases, violate the 5th Amendmen… |
| 24-5332 |
Armando Daniel Calderon v. United States |
Ninth Circuit |
2024-08-16 |
Denied |
Response WaivedIFP |
criminal-procedure fourth-amendment law-enforcement property-rights reasonable-suspicion vehicle-seizure |
1. Does an officer interfere with a driver's property rights, in violation of the Fourth Amendment, by continuing to seize a vehicle after the driver … |
| 24-5327 |
Daniel Lopez, III v. United States |
Ninth Circuit |
2024-08-15 |
Denied |
Response WaivedIFP |
circuit-split criminal-procedure federal-rules revocation-hearing sentencing-procedure supervised-release |
Federal Rule of Criminal Procedure 32.1(b) defines the procedure
for supervised release revocation hearings. The Ninth Circuit has split
from other ci… |
| 24-5334 |
Russell G. Conlon v. Oklahoma Department of Human Services, Child Support Services, et al. |
Oklahoma |
2024-08-15 |
Denied |
Response WaivedIFP |
child-support constitutional-challenges criminal-procedure due-process judicial-recusal state-taxation |
Whether a court of law can convict an American citizen of a criminal charge without a trial, if such citizen has pled not guilty, and such citizen has… |
| 24-167 |
Tim Makoto Nukida v. California |
California |
2024-08-15 |
Denied |
|
criminal-procedure cruel-unusual-punishment csaas-testimony due-process eighth-amendment expert-witness |
1. State courts of last resort are intractably divided over the admissibility of Child Sexual Abuse Accommodation Syndrome (CSAAS). Should certiorari … |
| 24A174 |
Omnisun Azali v. Ohio |
Ohio |
2024-08-14 |
Presumed Complete |
|
burden-of-proof criminal-procedure fourteenth-amendment self-defense sixth-amendment sufficiency-of-evidence |
Does express statutory permission to act in self-defense call down the protections of the Sixth and Fourteenth Amendments to the United States Constit… |
| 24-5306 |
William Newkirk v. Florida |
Florida |
2024-08-13 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process life-sentence robbery-firearm sentencing-guidelines |
I. WHETHER THE NATURAL LIFE SENTENCES IMPOSED ON ROBBERY FIREARM COUNTS 2-3 WERE ILLEGAL WHERE THE TRIAL COURT NEITHER ORDERED A MANDATORY PRESENTENCE… |
| 24-5309 |
Andrew R. Allred v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2024-08-13 |
Denied |
IFP |
criminal-procedure death-penalty ineffective-assistance-of-counsel mental-health-evaluation mitigation-testimony sixth-amendment |
Whether Mr. Allred's convictions and death sentences are unconstitutional due to receiving ineffective assistance of counsel at his trial in violation… |
| 24-5313 |
Tony Carr, aka Tony Carnell, aka Tony Coronel Carr, aka T-Bone v. United States |
Ninth Circuit |
2024-08-13 |
Denied |
Response WaivedIFP |
attorney-general-memorandum crack-cocaine criminal-procedure fifth-amendment plea-agreement sentencing-guidelines |
On December 16, 2002 Attorney General Merrick Garland issued a memorandum, which directed prosecutors to charge "pertinent statutory quantities that a… |
| 24A171 |
Mark Watkins v. New York |
New York |
2024-08-13 |
Presumed Complete |
|
criminal-procedure cross-racial-identification due-process ineffective-assistance reasonable-probability strickland-standard |
Whether, under Strickland v. Washington, 466 U.S. 668 (1984), a single unreasonable error that raises a reasonable probability of a different outcome … |
| 24-5312 |
Genaro Medina-Luna v. United States |
Ninth Circuit |
2024-08-13 |
Denied |
Response WaivedIFP |
appellate-argument criminal-procedure guilty-plea indictment-waiver jurisdictional-error plea-validity |
Is Petitioner's appellate argument, that his waiver of Indictment was invalid, a claim of jurisdictional error that is not waived by an unconditional … |
| 24-5319 |
Marlin Lee Gougher v. United States |
Ninth Circuit |
2024-08-13 |
Denied |
Response WaivedRelisted (2)IFP |
constitutional-rights criminal-procedure due-process faretta-colloquy self-representation sixth-amendment |
Does a .defendant that gave a lucid, literate, articulate answer that the District Court Judge did not like during a Faretta dolloquy precludes self-r… |
| 24-5302 |
Victor Hugo Rodriguez Hernandez v. Merrick B. Garland, Attorney General |
Ninth Circuit |
2024-08-12 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process fingerprint-evidence habeas-corpus misidentification |
Devriawlerez V. Petriclf B. Gm/lmvj
J\ ttowM General No-21 ^iUfi2
Qoes<ia,s re-jodiy Case No 2| -456 pe&n-fcd m refateJn afth<?
Court Gf Appeals of N… |
| 24-5292 |
Shawn Paul O'Brien v. Kansas |
Kansas |
2024-08-09 |
Denied |
IFP |
appellate-review criminal-procedure evidence-admissibility jury-instructions prosecutorial-misconduct sexual-offense |
For the Supreme Court of the United States to Correct these errors from the
Court of Appeals of the State of Kansas and any error found from any other… |
| 24-5294 |
Tommy J. May v. Kansas |
Kansas |
2024-08-09 |
Denied |
IFP |
criminal-procedure due-process first-degree-murder jury-instruction lesser-included-offense voluntary-manslaughter |
Whether Tommy T. May was entitled to a jury instruction on the lesser offense of attempted voluntary manslaughter on the attempted first-degree murder… |
| 24-5260 |
Jess Richard Smith v. Washington |
Washington |
2024-08-09 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process evidentiary-rules habeas-corpus post-conviction-relief |
Question not identified. |
| 24-5272 |
Brian Michael Waterman v. Kansas |
Kansas |
2024-08-08 |
Denied |
Response WaivedIFP |
communication-restrictions constitutional-rights criminal-procedure due-process judicial-review supreme-court-jurisdiction |
1. (a\a 'SWa o>rc>s*cuie>r 's <^o discfcWvj recdpb oh AuPevuiAuh
dkvd case, Covvl-aivuiM, iAVU jv'Imuu WVVctrS
c£ 'SVraJoL^/ ^lP \v\c'ri^;w<xUor> / '… |
| 24-5273 |
Nicholas Frank Wilcox v. Tim Garrett, et al. |
Ninth Circuit |
2024-08-08 |
Denied |
IFP |
constitutional-law criminal-procedure due-process legal-interpretation statutory-construction statutory-interpretation |
Did Petitioner's APPLICATION FOR CERTIFICATE OF APPEALABALLTY demonstrate that jurists of reason would find it debatable whether the petition states a… |
| 24-5282 |
Darrell Gunn v. New York |
New York |
2024-08-08 |
Denied |
IFP |
appellate-review criminal-procedure guilty-plea ineffective-assistance plea-withdrawal sentencing |
WHETHER APPELLANT COUNSEL WAS INEFFECTIVE FOR STRONG APPELLATE CLAIM THAT A WITHDRAWAL OF GUILTY PLEA WAS MADE PRIOR TO SENTENCING? |
| 24-5284 |
Roy E. Terrell v. Florida |
Florida |
2024-08-08 |
Denied |
Response WaivedIFP |
criminal-procedure due-process jury-composition sixth-amendment statutory-amendment trial-rights |
1. Whether, contrary to the Due Process Clause, the trial court erred in instructing the jury on the elements of the charged crimes as defined by a st… |
| 24A156 |
Humberto Falcon San-Martin v. United States |
Eleventh Circuit |
2024-08-08 |
Presumed Complete |
|
criminal-procedure eleventh-circuit government-inducement judicial-review sentencing-entrapment standard-of-review |
Question not identified. |
| 24-5275 |
Terrell Jason Armstrong v. United States |
Eighth Circuit |
2024-08-08 |
Denied |
Response WaivedIFP |
criminal-procedure federal-rule motion-for-new-trial newly-discovered-evidence prosecutorial-misconduct witness-recantation |
Whether the District Court and the Court of Appeals erred in denying the Petitioner's Motion for a New Trial under Federal Rule of Criminal Procedure … |
| 24-5285 |
Ernesto Alba Vasquez v. United States |
Fifth Circuit |
2024-08-08 |
Denied |
Response WaivedIFP |
criminal-procedure factual-basis guilty-plea judicial-discretion plea-acceptance presentence-report |
Whether a factual basis, that completely lacks facts supporting any of the three elements of the offense charged in the indictment, can be cured by fa… |
| 24-5255 |
Benjamin Burciaga-Herrera v. United States |
Fifth Circuit |
2024-08-07 |
Denied |
Response WaivedIFP |
appellate-procedure certiorari constitutional-interpretation criminal-law criminal-procedure due-process judicial-precedent sentencing stare-decisis statutory-interpretation supreme-court supreme-court-review |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 24-5237 |
Warren Alexander v. United States |
Second Circuit |
2024-08-06 |
Denied |
Response WaivedIFP |
appellate-review circuit-split criminal-procedure due-process presentence-report sentencing supervised-release |
Should the Court grant the petition in order to resolve a conflict among the circuits as to whether a district court in imposing sentence is required … |
| 24-5241 |
Jason Gatlin v. United States |
Eleventh Circuit |
2024-08-06 |
Denied |
IFP |
criminal-procedure double-jeopardy due-process eleventh-circuit fifth-amendment judicial-interference jury-verdict |
1. Whether a jury has rendered a final verdict and jeopardy terminates under the Double Jeopardy Clause of the Fifth Amendment where the jury has indi… |
| 24-5247 |
Eric Cruz v. Officer Domingo Cervantez |
Fifth Circuit |
2024-08-06 |
Denied |
Response WaivedIFP |
14th-amendment 5th-amendment brady-rule brady-rule-of-evidence constitutional-rights criminal-procedure due-process eighth-amendment evidence evidence-exclusion qualified-immunity safe-prison-act |
(I)
Did the U S District courts ,failure to allow relevant evidence
into trial proceeding violate ,Brady Rule of Evidence under
Brad
■Out.iv v Maryl… |
| 24-5248 |
Jason Wade Grant v. United States |
Fifth Circuit |
2024-08-06 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process individualized-sentencing mitigating-factors sentencing-discretion |
If £olv\ cx ^u/nYV^ W. oc^VvA, i V -W'-e_ cfteC :ewc5L<x,vc\~
OWxV -Hv^aj CL-t-e ^lClaWm o-P ljlvv -Hv
-Hv€_ -s>€w.Vev\cL-e__ Is proAoaiAced
2.. C<sw… |
| 24-124 |
Brent Brewbaker v. United States |
Fourth Circuit |
2024-08-05 |
Denied |
|
5th-amendment-6th-amendment'\n\n'Did the court of antitrust-law appellate-review article-1 constitutional-challenge constitutional-error criminal-law criminal-procedure criminal-statute due-process fifth-amendment harmless-error jury-instructions presumption sherman-act sixth-amendment void-for-vagueness |
1. Section 1 of the Sherman Act criminalizes "[e]very
contract ...in restraint of trade." 15 U.S.C. § 1. This
prohibition cannot be applied literally … |
| 24-5220 |
Christopher L. Smith v. Ohio |
Ohio |
2024-08-05 |
Denied |
IFP |
civil-procedure-joinder confidential-informant constitutional-rights criminal-procedure due-process fair-trial prejudicial-joinder probable-cause rules-of-evidence search-warrant sufficiency-of-evidence |
1. Isa prejudicial joinder concerning unrelated counts a fundamental violation of One's constitutional right to a fair trial, if the facts of one inci… |
| 24-5224 |
Michael Paul Gianfrancesco v. United States |
Eleventh Circuit |
2024-08-05 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review court-proceedings criminal-law criminal-procedure due-process federal-sentencing jurisdiction sentencing-guidelines substantive-reasonableness |
Question not identified. |
| 24-5225 |
Nidal M. Hasan v. United States |
Armed Forces |
2024-08-05 |
Denied |
IFP |
appellate-review automatic-reversal criminal-procedure due-process harmless-error public-trial structural-error waller-v-georgia weaver-v-massachusetts |
A violation of the public trial guarantee is structural error, defying harmless error review. Weaver v. Massachusetts, 582 U.S. 286, 299 (2017). In Wa… |
| 24-5227 |
James W. Johnson v. United States |
Third Circuit |
2024-08-05 |
Denied |
Response WaivedIFP |
criminal-procedure due-process impartial-jury impartiality jury-selection peremptory-challenge racial-bias sixth-amendment |
Whether a criminal defendant is denied his Due Process and Sixth Amendment right to an impartial jury when the trial court determines that a potential… |
| 24A130 |
Keith Vernon Davis v. David Close, Superintendent, State Correctional Institution at Houtzdale |
Third Circuit |
2024-08-05 |
Presumed Complete |
|
constitutional-validity criminal-procedure ineffective-assistance plea-of-guilt pro-se suppression-of-evidence |
Question not identified. |
| 24-119 |
Alan Safahi v. United States |
Ninth Circuit |
2024-08-02 |
Denied |
|
civil-procedure contract-breach contract-law criminal-fraud criminal-law criminal-procedure federal-criminal-fraud federal-fraud fraudulent-inducement statutory-interpretation |
Whether, in the absence of fraudulent inducement, a party who subsequently breaches the contract can be guilty of federal criminal fraud. |
| 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… |
| 24A122 |
Azibo Aquart v. United States |
Second Circuit |
2024-08-02 |
Presumed Complete |
|
charging-statute circuit-split criminal-procedure indictment-sufficiency jurisdictional-error mandate-rule |
Question not identified. |
| 24-5204 |
Gavin Blake Davis v. United States |
Fifth Circuit |
2024-08-01 |
Denied |
Response WaivedIFP |
appellate-review circuit-split collateral-order-doctrine criminal-procedure interlocutory-appeal mootness pretrial-release speedy-trial-act |
Is a decision regarding an 18 U.S.C. § 3164 Motion for Pretrial Release immediately appealable interlocutory (e.g. 28 U.S.C. § 1291; collateral order … |
| 24-5206 |
Ronny Lee Thomas v. Tony R. Moore, et al. |
Fifth Circuit |
2024-08-01 |
Denied |
IFP |
compromise contract criminal-procedure negotiate plea-bargaining plea-deal |
Question not identified. |
| 24-5207 |
E. C. v. Q. T. |
Texas |
2024-08-01 |
Denied |
Relisted (2)IFP |
appellate-jurisdiction civil-liberties constitutional-rights criminal-procedure due-process evidence fair-trial judicial-review legal-procedure witnesses |
Question not identified. |
| 24-5210 |
Jason William Dittmer v. United States |
Tenth Circuit |
2024-08-01 |
Denied |
Response WaivedIFP |
criminal-procedure due-process ineffective-assistance-of-counsel obstruction-of-justice plea-bargaining sentencing |
Question not identified. |
| 24-5211 |
Jerod Askew v. United States |
Fourth Circuit |
2024-08-01 |
Denied |
Response WaivedIFP |
criminal-procedure drug-trafficking due-process firearm-possession firearms jury-instruction jury-instructions statutory-interpretation |
Whether a jury instruction under 18 U.S.C. § 924(c), Possession of a Firearm in Furtherance of a Drug Trafficking Crime, requires reference to "mere p… |
| 24-5214 |
Hsiu Ying Tseng v. Mona D. Houston, Warden |
Ninth Circuit |
2024-08-01 |
Denied |
Response WaivedIFP |
constitutional-law constitutional-rights criminal-procedure due-process judicial-interpretation legal-review ninth-circuit prosecutorial-misconduct writ-of-certiorari |
Whether the Ninth Circuit erred in holding that the prosecutorial misconduct did not violate due process? |
| 24-5183 |
Harshadkumar Nanjibhai Jadav v. J. Woodson, Warden |
Fourth Circuit |
2024-07-31 |
Denied |
IFP |
and whether the state prisoner made a proper show actual-innocence aedpa aedpa-standard criminal-procedure due-process fifth-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-instructions schlup |
1. What constitutes as 'new' evidence, and whether the state
prisoner made a proper showing of actual innocence under
Schlup?
2. Whether the Virgini… |
| 24A115 |
Justin Erskine v. Delaware |
Delaware |
2024-07-31 |
Presumed Complete |
|
criminal-procedure habeas-corpus judicial-discretion mandamus post-conviction right-to-counsel |
Question not identified. |
| 24-105 |
Boris Kotlyarsky v. Department of Justice, et al. |
Second Circuit |
2024-07-31 |
Denied |
Response WaivedRelisted (2) |
constitutional-rights conviction criminal-plea criminal-procedure due-process evidence habeas-corpus innocence judicial-review procedural-safeguards |
In the context of habeas corpus, would it constitute a breach of due process to convict a defendant in a criminal proceeding, despite clear evidence d… |
| 24-5188 |
Patrick Wilson v. Louisiana |
Louisiana |
2024-07-31 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process fourteenth-amendment jury-trials non-unanimous-jury second-degree-murder sixth-amendment state-courts |
1. As there are conflicting decisions amongst state courts of last resort concerning a constitutional issue, in accordance with Rule X(b), this matter… |
| 24-5191 |
Quentin Veneno, Jr. v. United States |
Tenth Circuit |
2024-07-31 |
Denied |
Response RequestedResponse WaivedRelisted (22)IFP |
constitutional-authority courtroom-closure criminal-procedure federal-rules-of-criminal-procedure intratribal-conduct presley-v-georgia public-trial rule-51(b) rule-51b tribal-sovereignty |
1. Presley v. Georgia, 558 U.S. 209 (2010), held that, before closing the courtroom during a criminal trial, "courts are required to consider alternat… |
| 24-5194 |
George Henry Purdy, III v. United States |
Fifth Circuit |
2024-07-31 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
2nd-amendment burden-of-proof constitutional-challenge criminal-procedure due-process presentence-report second-amendment sentencing standing statutory-interpretation |
Whether 18 U.S.C. §922(g)(1) comports with the Second Amendment?
Whether factual findings of a Presentence Report (PSR) that result in a higher sente… |
| 24-5200 |
Victor Tavares v. Rhode Island |
Rhode Island |
2024-07-31 |
Denied |
Response WaivedIFP |
constitutional-provisions criminal-procedure double-jeopardy due-process indictment jurisdiction legal-jurisdiction petition sixth-amendment supreme-court writ-of-certiorari |
Question not identified. |
| 24-5179 |
Forrest Hammond v. Tim Hooper, Warden |
Fifth Circuit |
2024-07-30 |
Denied |
Relisted (2)IFP |
civil-liberties commutation criminal-procedure federal-jurisdiction federal-procedure habeas-corpus judicial-review pardon state-court |
A Louisiana Executive Pardon of a felony sentence erases the criminal history and restores civil rights and liberties to a party.
An Executive Commuta… |
| 24-5180 |
Lemuel S. Whiteside v. Arkansas |
Arkansas |
2024-07-30 |
Denied |
Response WaivedIFP |
aedpa criminal-procedure cumulative-error habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sentencing-review strategic-decision-making strickland-standard strickland-v-washington |
WHETHER THE ARKANSAS COURTS APPLIED AN INCORRECT STANDARD FOR RESOLVING PETITIONER WHITESIDE'S CLAIMS OF INEFFECTIVE ASSISTANCE OF COUNSEL IN SENTENCI… |
| 24-5170 |
Eric Lee Smith v. United States |
Fourth Circuit |
2024-07-30 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-conviction criminal-procedure due-process false-testimony government-misconduct napue-violation prosecutorial-misconduct |
Where the Assistant United States Attorney's representing the Government violates a standard announced in Napue v. Illinois by gaining a criminal conv… |
| 24-5178 |
Keith Earl Robinson v. Jim Farris, Warden |
Tenth Circuit |
2024-07-30 |
Denied |
IFP |
criminal-procedure defense-strategy due-process ineffective-assistance jury-instructions sixth-amendment sixth-amendment,criminal-procedure,ineffective-ass |
1. Did Mr. Robinson's trial counsel's performance in preparing defense witnesses meet the standards of effective assistance of counsel, as required by… |
| 24-5160 |
Duane Leo Ehmer, Darryl William Thorn, and Jake Ryan v. United States |
Ninth Circuit |
2024-07-29 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
criminal-procedure criminal-prosecution ex-parte jury-selection jury-trial petty-offenses presley-v-georgia sixth-amendment structural-error sua-sponte |
(1) Whether the district court's sua sponte, ex parte, and case-specific excusal of trial jurors for cause constituted reversible structural error?
(… |
| 24-5162 |
Johnny Ho v. United States |
Sixth Circuit |
2024-07-29 |
Denied |
Response WaivedIFP |
criminal-procedure fair-trial impartial-jury judicial-discretion jury-selection peremptory-challenges sixth-amendment voir-dire |
This petition involves questions of exceptional importance for jury selection in trials in all jurisdictions across our nation, involving the process … |
| 24-5164 |
Joel Miles v. United States |
Fifth Circuit |
2024-07-29 |
Denied |
Response WaivedIFP |
appeals appellate-waiver circuit-split criminal-procedure due-process federal-appeal judicial-review miscarriage-of-justice sentencing waiver |
Whether appellate waivers in federal criminal cases contain an implied exception for judgments that represent a miscarriage of justice? |
| 24-5166 |
Nicholas Joseph v. United States |
Second Circuit |
2024-07-29 |
Denied |
IFP |
abuse-of-discretion circuit-split criminal-procedure federal-rules-of-criminal-procedure impartial-jury newly-discovered-evidence sixth-amendment unconscious-bias voir-dire |
1) Whether this Court should grant Certiorari to address whether a
trial judge, when requested by defense counsel, must voir dire on
implicit or uncon… |
| 24-5151 |
Tyrone Scott Cameron v. United States |
Eighth Circuit |
2024-07-26 |
Denied |
Response WaivedIFP |
2nd-amendment bruen-decision constitutional-rights conviction criminal-procedure felon-in-possession firearms-regulation new-york-state-rifle-pistol-association-v-bruen second-amendment united-states-v-jackson united-states-v-rahimi |
PETITIONER'S CONVICTION VIOLATES HIS SECOND AMENDMENT
RIGHTS TO BEAR ARMS AND POSSESS AMMUNITION AS EXPANDED
BY THE COURT IN New York State Rifle & Pi… |
| 24-5143 |
Nicholas Nassif Hayek v. United States |
Sixth Circuit |
2024-07-25 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure criminal-statement district-court due-process evidence motion-to-suppress procedural-error sixth-circuit standard-of-review |
A. THE DISTRICT COURT ERRED WHEN IT DENIED MR. HAYEK'S MOTION TO SUPPRESS HIS STATEMENT AND THE SIXTH CIRCUIT ERRED WHEN IT AFFIRMED THE DISTRICT COUR… |
| 24-5144 |
Richard Villareal v. United States |
Fifth Circuit |
2024-07-25 |
Denied |
Response WaivedIFP |
2d1.1(b)(1) criminal-procedure drug-offense due-process fifth-circuit firearm-enhancement sentencing-guidelines tools-of-the-trade-presumption |
Whether the Fifth Circuit's practice of applying a tools-of-the-trade presumption to the firearm enhancement of sentencing guidelines §2D1.1(b)(1) vio… |
| 24-5145 |
Antonio Tyree Gaskin v. Kentucky |
Kentucky |
2024-07-25 |
Denied |
IFP |
6th-amendment constitutional-rights criminal-procedure due-process eyewitness-identification law-enforcement legal-representation lineup procedural-safeguards right-to-counsel suspect-rights |
Whether the 14th Amendment of the U.S. Constitution have guaranteed protection that safeguard law in enforcement showing in single paragraph a suspect… |
| 24-5123 |
Angel Sanchez v. Teresa Cisneros, Warden |
Ninth Circuit |
2024-07-23 |
Denied |
Response WaivedRelisted (2)IFP |
calcrim-375 constitutional-rights criminal-procedure due-process effective-assistance-of-counsel fair-trial fifth-amendment fourteenth-amendment prior-acts sixth-amendment |
WheVW petitioner Was Denied His FiFtty
3/Xrh//Avui Fow+eetH AfoeYiWvif Right +0
Due process Av\H Ftxvo Tm\ Because ottt
C0(avTS USe OF prior Acts In… |
| 24-5128 |
Selvyn Gustavo Mejia-Marroquin v. United States |
Fifth Circuit |
2024-07-23 |
Denied |
Response WaivedIFP |
case-review constitutional-law criminal-procedure due-process judicial-interpretation legal-precedent recidivism sentencing statutory-analysis supreme-court-precedent |
Whether Almendarez-Torres v. United States, 523 U.S. 224 (1998) should be overruled. |
| 24A80 |
Steven Cuellar v. Randy Grounds, Warden |
Ninth Circuit |
2024-07-23 |
Presumed Complete |
|
criminal-procedure due-process gang-enhancement juvenile-justice sentencing-enhancement sufficiency-of-evidence |
Question not identified. |
| 24-5115 |
Jima Brown v. New York |
New York |
2024-07-19 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process fourth-amendment investigative-suspicion law-enforcement privacy probable-cause search-and-seizure warrantless-search |
WJ FourFi/\ AyvAead iM.e/rF permd-S Afi' v^l S>FxVeS
rVvuFe a warrarv+less CocFs OocUbaSe "5Wrck ^
^ro/vA a |jFre£] person wko AaS Ac4 bee a. £oc t c\… |
| 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 |
I. 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… |
| 24-5119 |
Stacey Williams, Jr. v. United States |
Sixth Circuit |
2024-07-19 |
Denied |
Response WaivedIFP |
criminal-procedure due-process mandatory-life-sentence mandatory-sentencing sentencing sentencing-enhancement sixth-amendment statutory-interpretation |
I. Whether Mr. Williams's Count 1 conviction and corresponding life sentence violate his right to due process?
II. Whether application of a 21 U.S.C.… |
| 24-5102 |
Alexi Hinojosa Matos v. Texas |
Texas |
2024-07-18 |
Denied |
IFP |
appointment-of-counsel criminal-procedure due-process habeas-corpus miscarriage-of-justice prosecutorial-misconduct sixth-amendment trial-counsel writ-application |
Due to the gross nature of trial counsel's errors, and the miscarriage of justice due to prosecutor's misconduct, should the Court of Criminal Appeals… |
| 24-5110 |
Cristobal Castillo-Velasquez v. United States |
Fifth Circuit |
2024-07-18 |
Denied |
Response WaivedIFP |
almendarez-torres case-law constitutional-interpretation criminal-procedure due-process judicial-discretion legal-precedent precedent-overruling sentencing sixth-amendment supreme-court supreme-court-review |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 24-5113 |
Steven Alexander Mantecon v. Florida |
Florida |
2024-07-18 |
Denied |
IFP |
constitutional-right criminal-defendant criminal-procedure due-process felony felony-offense fourteenth-amendment jury jury-trial sixth-amendment trial-procedure |
1. Whether the Sixth Amendment requires a twelve-person jury to try a criminal defendant accused of a felony offense. |
| 24-5095 |
Moises Gamboa v. United States |
Fourth Circuit |
2024-07-17 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure cruel-and-unusual-punishment eighth-amendment sentencing-guidelines statutory-construction statutory-interpretation united-states-constitution |
DID THE LOWER COURTS IMPROPERLY INTERPRET UNITED STATES SENTENCING GUIDELINE § 4C1.1 THAT VIOLATED THE CRUEL AND UNUSUAL PUNISHMENT CLAUSE OF THE EIGH… |
| 24A60 |
Keith Edmund Gavin v. Alabama |
Alabama |
2024-07-17 |
Presumed Complete |
|
criminal-procedure death-row filing-fee in-forma-pauperis indigent-status judicial-discretion |
Question not identified. |
| 24-37 |
Lorenzo Garod Pierre v. United States |
Eleventh Circuit |
2024-07-16 |
GVR |
|
2nd-amendment as-applied-challenge constitutional-rights criminal-defendant criminal-procedure due-process federal-firearms-laws federal-law second-amendment standing statutory-interpretation |
Whether a criminal defendant may raise an as-applied Second Amendment challenge to 18 U.S.C. 922(g)(1). |
| 24-5088 |
In Re Gavin B. Davis |
|
2024-07-16 |
Denied |
Response WaivedIFP |
appellate-jurisdiction circuit-court-split circuit-split collateral-order-doctrine criminal-procedure interlocutory-appeal mootness pretrial-release speedy-trial-act statutory-interpretation |
(1) Is a decision regarding an 18 U.S.C. § 3164 Motion for Pretrial Release immediately appealable interlocutory (e.g. 28 U.S.C. § 1291; collateral or… |
| 24-5093 |
David Nam v. John Rivello, Superintendent, State Correctional Institution at Huntingdon, et al. |
Third Circuit |
2024-07-16 |
Denied |
Response WaivedIFP |
appellate-review constitutional-law criminal-procedure due-process equal-protection habeas-corpus harmless-error ineffective-assistance ineffective-assistance-of-counsel procedural-default |
Question not identified. |
| 24-32 |
Donavan J. White Owl, aka DJ v. United States |
Eighth Circuit |
2024-07-12 |
Denied |
Response Waived |
constitutional-law criminal-procedure double-jeopardy eighth-circuit implied-consent manifest-necessity mistrial waiver |
The double jeopardy clause prevents the retrial of a criminal case after mistrial unless the defendant consents or if the mistrial was for manifest ne… |
| 24-5063 |
Bruce Rowan v. Brian Emig, Warden, et al. |
Third Circuit |
2024-07-12 |
Denied |
Response WaivedIFP |
bail-conditions constitutional-rights criminal-procedure due-process fourteenth-amendment lower-court trial-court |
Does a conviction for breach of bail conditions-set by lower court-violate the protections of the Fourteenth Amendment right to due process, where tri… |
| 24-5065 |
Damon John Broussard v. Lousiana |
Louisiana |
2024-07-12 |
Denied |
IFP |
constitutional-law constitutional-rights criminal-law criminal-procedure cruel-and-unusual-punishment due-process eighth-amendment proportionality sentencing |
Does Petitioner's, harsh and unprecendented, sentence of
fourty years, without benefits, constitute cruel and unusual
punishment, in violation of th… |
| 24-5068 |
Frankie Wayne Pope v. Kevin Sprayberry, Warden |
Eleventh Circuit |
2024-07-12 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure due-process fraud habeas-corpus judicial-process post-conviction-relief state-court transcripts trial-fraud |
^ Wn SMVXA^ <A.<\ T-We^aX fOM/XcboW \W^ OF- TAVtoiL tbU>JT7/fa^tZJBi'FA D^PdA^tUGk Wxs xMMoc£*it
rn^OA uiWc? *STAre OT ?Ml+xov^ xrT?
^'Lol*/ M0C\( C… |
| 24-5070 |
Javaris Marquez Tubbs v. United States |
Fifth Circuit |
2024-07-12 |
Denied |
Response WaivedRelisted (2)IFP |
14th-amendment birth-certificate citizenship-status civil-rights constitutional-law criminal-procedure due-process federal-jurisdiction legal-classification national-identity sentencing state-jurisdiction |
as the sentence imposed in violation of the constitution or laws of the United States?
2. Is the U.S. District Court for the Western District of Loui… |
| 24-5071 |
Dennis German v. United States |
Seventh Circuit |
2024-07-12 |
Denied |
Response WaivedIFP |
4th-amendment 5th-amendment 8th-amendment criminal-procedure due-process effective-assistance eighth-amendment fifth-amendment relevant-conduct sentencing sentencing-guidelines |
(1). Weather the Government violated the
Petitioner's 8th Amendment. Constitutional
Rights (To be free from infliction of Cruel
and Unusual Punishm… |
| 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 |
1. This case raises the fundamental question of when a statement is "testimonial" and thus subject to the Sixth Amendment's Confrontation Clause. See … |
| 24-35 |
Sean Eamonn Waite v. Texas |
Texas |
2024-07-12 |
Denied |
Response Waived |
criminal-procedure due-process habeas-corpus ineffective-assistance mental-health plea-bargain plea-bargaining procedural-due-process |
Did the TCCA deny petitioner procedural due process by summarily rejecting his substantial constitutional claim without requiring the trial court to r… |
| 24-5066 |
Lynual McElroy v. Oklahoma |
Oklahoma |
2024-07-12 |
Denied |
IFP |
14th-amendment 6th-amendment appellate-counsel constitutional-amendment constitutional-claims criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel public-defender speedy-trial |
1- Does l8 U-S.C.A. § 3161, [speedy trial], apply to all state(s) within the Union, through the United States Constitution, Article III, cl. 2, § 3 an… |
| 24-5052 |
In Re Kenton G. Findlay |
|
2024-07-11 |
Dismissed |
Relisted (2)IFP |
14th-amendment 5th-amendment constitutional-violation court-of-appeal criminal-procedure double-jeopardy due-process fifth-amendment fourteenth-amendment habeas-corpus legal-relief |
1. Did the Third District Court of Appeal Violate Section (9) in the
Constitution of the State of Florida Due Process-No person shall be
deprived of l… |
| 24-5037 |
William J. Kemp v. John Rivello, Superintendent, State Correctional Institution at Huntingdon, et al. |
Third Circuit |
2024-07-10 |
Denied |
Response WaivedRelisted (2)IFP |
5th-amendment criminal-procedure due-process griffin-v-california habeas-corpus ineffective-assistance jury-instructions miranda-rights prosecutorial-misconduct sixth-amendment |
1. Does a prosecutor's violations of Federal Due Process, as were identified here by the trial court, or invalid jury instructions warrant habeas reli… |
| 24-5047 |
Pedro Terrazas v. Illinois |
Illinois |
2024-07-10 |
Denied |
Response WaivedIFP |
appellate-counsel constitutional-error criminal-procedure due-process ineffective-assistance-of-counsel jury-prejudice jury-selection plain-error rule-431b trial-court-error |
Was Defendant 'Prejudiced' And Denied His Constitutional Right To The Effective Assistance Of Appellate Counsel On [Direct-Appeal] For Failing To Rais… |
| 24-5048 |
Bernard Celestine v. United States |
Fourth Circuit |
2024-07-10 |
Denied |
Response WaivedIFP |
constitutional-right criminal-procedure criminal-sentencing due-process first-step-act resentencing sentencing statutory-interpretation |
Whether Congress incorporated a Constitutional right under the Due Process Clause to a plenary resentencing for an eligible Defendant under Section 40… |
| 24-5021 |
Joyce Isagba v. United States |
Eleventh Circuit |
2024-07-09 |
Denied |
Response WaivedIFP |
admissibility criminal-procedure due-process evidence-admissibility federal-rules-of-evidence-404b fifth-amendment prior-bad-acts relevance rule-404b sentencing-conditions supervised-release |
I. Under Rule 404(b), Federal Rules of Evidence, is a single uncharged act occurring 5-7 year prior to the charged conduct in question, without any in… |
| 24-5022 |
Angela J. Wells v. Illinois |
Illinois |
2024-07-09 |
Denied |
IFP |
criminal-procedure domestic-violence due-process plea-agreement plea-bargain post-conviction-relief sentencing sentencing-relief statutory-interpretation victim-rights |
1. SHOULD THE PETITIONER BE ELIGIBLE FOR RELIEF SET FORTH IN 735 ILCS 5/2£-1401( (B-5) 2016 REGARDING DOMESTIC VIOLENCE VICTIM EVEN IF SHE AGREES TO A… |
| 24-5027 |
Jovan Marquis Harris v. United States |
Eighth Circuit |
2024-07-09 |
Denied |
Response WaivedIFP |
burrage-v-united-states causation-of-harm criminal-law criminal-procedure drug-distribution evidentiary-hearing federal-statute heroin-distribution jury-instruction jury-instructions overdose sentencing-enhancement |
1. Did the trial court err when it refused to instruct the
jury that the heroin distributed by the defendant was the same
heroin that caused the vict… |
| 24-5028 |
Rafael Cardona, Sr. v. United States |
First Circuit |
2024-07-09 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure federal-rules-of-criminal-procedure forfeiture good-cause motion-timeliness multiplicity plain-error-review rule-12 waiver |
Before 2014, Rule 12 of the Federal Rules of Criminal Procedure required certain enumerated types of motions to be filed before trial, and stated that… |
| 24-5030 |
Lani Lucas Limane, aka Lukasz Chad Limane v. United States |
Fifth Circuit |
2024-07-09 |
Denied |
Response WaivedIFP |
aggravated-identity-theft criminal-procedure criminal-procedure-error identity-theft indictment indictment-variance plain-error plea-bargaining plea-colloquy predicate-offense rule-11 |
Was it plain error for a District Court to convict Petitioner on his plea of guilty to a crime never charged in the governing Indictment?
When the su… |
| 24-5031 |
Keith White v. United States |
Seventh Circuit |
2024-07-09 |
Denied |
Response WaivedIFP |
21-u.s.c.-§-846 career-offender controlled-substance controlled-substance-offenses criminal-procedure drug-offense federal-criminal-law sentencing sentencing-guidelines statutory-interpretation u.s.s.g.-§-4b1.2 |
Whether an offense under 21 U.S.C. § 846 may be included in the U.S.S.G. § 4B1.2 definition of "controlled substance offenses" for purposes of sentenc… |
| 24-5033 |
Jose Domingo Carranza-Rubio v. United States |
Fifth Circuit |
2024-07-09 |
Denied |
Response WaivedIFP |
almendarez-torres case-law constitutional-interpretation criminal-procedure due-process judicial-discretion legal-precedent precedent-overruling sentencing sixth-amendment supreme-court supreme-court-review |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 24A16 |
Jay Sandon Cooper v. Texas |
Texas |
2024-07-09 |
Presumed Complete |
|
constitutional-rights criminal-procedure due-process fundamental-error judicial-duty supreme-court-review |
Question not identified. |
| 24-5015 |
Eduardo Alvarez, Jr. v. United States |
Ninth Circuit |
2024-07-08 |
Denied |
Response WaivedIFP |
arrest-warrant attenuation-doctrine criminal-procedure exclusionary-rule fourth-amendment illegal-stop search-and-seizure standing utah-v-strieff |
In Utah v. Strieff, 579 U.S. 232 (2016), this Court held that an officer's discovery of a valid, pre-existing arrest warrant for the defendant himself… |
| 24-5001 |
Tito Lemont Knox v. Jeffrey Krueger, Warden |
Fourth Circuit |
2024-07-03 |
Denied |
Response WaivedRelisted (2)IFP |
civil-rights constitutional-claim criminal-procedure due-process evidence federal-law habeas-corpus ineffective-assistance privacy probable-cause search-and-seizure state-court-review |
Question not identified. |
| 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… |
| 24-5006 |
Jason Steven Kokinda v. United States |
Fourth Circuit |
2024-07-03 |
GVR |
IFP |
18-u.s.c-2250 34-u.s.c-20913 change-of-residence chevron-deference criminal-procedure jury-instructions rule-of-lenity sex-offender-registration smart-guidelines statutory-interpretation |
Whether the district court erroneously instructed the jury regarding a crucial element of the criminal offense of failure to register as a sex offende… |
| 24-5010 |
Bryon Keith Creech v. Oklahoma |
Oklahoma |
2024-07-03 |
Denied |
IFP |
competency due-process guilty-plea ineffective-assistance post-conviction withdrawal constitutional-rights criminal-procedure due-process ineffective-assistance post-conviction-relief sentencing-mitigation |
~j~~p -/"/) C doe~S fvop ///7<^ -p)
htofiorj -ft VrH'&t'i'UJ ft ^
SoMtv Pieti, !>o FUbft* 6/? r RcOef )F
■jinz person U*as cotJ^ifre^. Lohi h PTaj c … |
| 24-5012 |
Miguel Angel Ibarra-Mora v. United States |
Fifth Circuit |
2024-07-03 |
Denied |
Response WaivedIFP |
almendarez-torres constitutional-law criminal-law criminal-procedure due-process fifth-circuit precedent-overturning sentencing statutory-interpretation supreme-court-precedent supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-7843 |
Luis Alfredo Nanez-Lopez v. United States |
Fifth Circuit |
2024-07-02 |
Denied |
Response WaivedIFP |
certiorari-petition constitutional-interpretation constitutional-law criminal-procedure due-process judicial-review legal-precedent precedent precedent-overruling sentencing supreme-court supreme-court-review |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-7844 |
Marcus Orlando Armstrong v. United States |
Ninth Circuit |
2024-07-02 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure district-court district-court-jurisdiction forfeiture forfeiture-doctrine judicial-discretion objection sentencing sentencing-procedure standard-of-review |
Does a defendant forfeit a challenge to the manner in which the district court imposed sentence by failing to object after the sentence is pronounced,… |
| 23-7847 |
Matthew Gatrel v. United States |
Ninth Circuit |
2024-07-02 |
Denied |
Response WaivedIFP |
computer-crime criminal-procedure improper-venue insufficient-evidence jury-instruction jury-instruction-error protected-computers sentencing-guidelines sentencing-guidelines-error sophisticated-means-enhancement venue-challenge |
1. Whether petitioner Matthew Gatrel's convictions should be reversed because the government presented insufficient evidence to support his conviction… |
| 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 |
1. Whether due process allows the Denial of all Unredacted Police Reports by; Judge Richard L. Broch, Judge Jeremy J. Richey, Prosecutor Luke McNeill,… |
| 23-7838 |
Davit Davitashvili v. United States |
Third Circuit |
2024-07-01 |
Denied |
Response WaivedIFP |
5th-amendment 6th-amendment constitutional-violations criminal-procedure due-process fifth-amendment mental-health-disclosure miscarriage-of-justice prosecutorial-misconduct sixth-amendment |
1. Were there violations of the 5th and 6th Amendments?
2. Was Prosecutor Zalesky's lies and slander of my character and other misconduct a miscarria… |
| 23-1355 |
Kris V. Zocco v. Wisconsin |
Wisconsin |
2024-06-28 |
Denied |
Response Waived |
cell-phone-search criminal-procedure enumerated-crimes evidence evidence-seizure fourth-amendment particularity-requirement search-and-seizure search-warrant |
Does a warrant to search the entire contents of a cell phone for unspecified "evidence" of enumerated crimes violate the Fourth Amendment's requiremen… |
| 23-7805 |
In Re Enrique Medina |
|
2024-06-28 |
Denied |
IFP |
access-to-court constitutional-law constitutional-rights criminal-procedure due-process exclusionary-rule fourth-amendment jurisdiction search-and-seizure sixth-amendment warrantless-search |
1. WHETHER THE PETITIONER IS PARTY TO SEEK TRIAL WHEN PETITIONER'S RIGHTS VIOLATED
2. WHETHER RESPONDENT'S SUIT VIOLATED PETITIONER'S PROCEDURAL DUE … |
| 23-7823 |
Jyoti Agrawal v. United States |
Sixth Circuit |
2024-06-28 |
Denied |
Response WaivedIFP |
actual-loss base-offense-level criminal-procedure criminal-sentencing fraud fraud-loss-calculation government-grant intended-loss loss-calculation sentencing-guidelines |
U.S.S.G. § 2B1.1 provides that for cases involving fraud there is an increase in base offense level commiserate with the loss amount. The commentary t… |
| 23-7831 |
In Re Olamide Olatayo Bello |
|
2024-06-28 |
Denied |
IFP |
14th-amendment 4th-amendment 5th-amendment civil-rights criminal-procedure due-process fourth-amendment search-and-seizure search-warrant |
Whether a search warrant and seizure violate the Petitioner's Fourth Amendment and due process rights. |
| 23-7814 |
James Harmon, III v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2024-06-27 |
Denied |
IFP |
8th-amendment appellate-review civil-rights constitutional-law criminal-procedure due-process federal-jurisdiction juvenile-justice parole sentencing |
Question not identified. |
| 23-7821 |
Noe Rodriguez-Adorno v. United States |
First Circuit |
2024-06-27 |
Denied |
Response WaivedIFP |
communications constitutional-rights criminal-procedure defense-counsel district-court impasse right-to-counsel sixth-amendment supervised-release |
1. Should certiorari be granted where defense counsel informed
the District Court he and Petitioner were at an impasse, and all
communications between… |
| 23A1162 |
Donte Parrish v. United States |
Fourth Circuit |
2024-06-26 |
Presumed Complete |
|
appellate-review constitutional-claim criminal-procedure fourth-circuit ineffective-assistance prosecutorial-misconduct |
Question not identified. |
| 23-7802 |
Festus O. Ohan v. Axos Bank, et al. |
Ninth Circuit |
2024-06-26 |
Dismissed |
IFP |
civil-procedure constitutional-rights criminal-procedure due-process federal-banking habeas-corpus ineffective-assistance investment property-rights sentencing standing |
Question not identified. |
| 23-7810 |
Odell Calvin, aka Julius Jones v. Illinois |
Illinois |
2024-06-26 |
Denied |
IFP |
civil-procedure civil-rights constitutional-rights criminal-procedure due-process evidence-fabrication habeas-corpus standing state-conviction takings witness-testimony |
Question not identified. |
| 23A1148 |
Mark Manuel Angeles Marino v. United States |
Eleventh Circuit |
2024-06-25 |
Presumed Complete |
|
appellate-review criminal-procedure jurisdictional-requirements petition-for-certiorari supreme-court-rules time-extension |
Question not identified. |
| 23A1149 |
James W. Johnson v. United States |
Third Circuit |
2024-06-25 |
Presumed Complete |
|
constitutional-rights criminal-procedure juror-impartiality jury-selection racial-bias voir-dire |
Question not identified. |
| 23-7795 |
Marc Pierre Hall, aka Marc Valeriano, aka Fella v. United States |
Fourth Circuit |
2024-06-25 |
Denied |
Response WaivedIFP |
appellate-review constitutional-law criminal-procedure due-process fourth-amendment law-enforcement probable-cause search-and-seizure sentencing statutory-interpretation |
sVsAtrVe^S Cor^Vrfefes er er-rontcus U3e
cA Sl\ J\ko\\er- -_Aor\ L^orxAS^^ cjT-
Cor>s'VrWi\i o^C)\ Errors ga.~a
Connc~V\r>ej— error cn
Aer~lV\<e ^T^k… |
| 23-7804 |
Juan Jesus Vargas v. United States |
Fifth Circuit |
2024-06-25 |
Denied |
Response WaivedIFP |
18-usc-3553 circuit-split criminal-procedure criminal-sentencing district-court-procedure judicial-discretion open-court-statement reasonableness-review sentencing sentencing-requirements statutory-interpretation |
1) Must district courts comply with the requirements of 18 U.S.C. § 3553(c) to state, in open court, the reasons for the sentence imposed?
2) Should … |
| 23A1145 |
Percy L. Jacobs v. United States |
Fourth Circuit |
2024-06-24 |
Presumed Complete |
|
competency-to-proceed criminal-procedure faretta-hearing right-to-counsel sixth-amendment waiver-of-counsel |
Whether, for a waiver of the Sixth Amendment right to trial counsel to be effective, a defendant must understand the elements of the charged offenses … |
| 23-7787 |
Enrique Martinez-Flores v. United States |
Fifth Circuit |
2024-06-24 |
Denied |
Response WaivedIFP |
almendarez-torres apprendi-v-new-jersey constitutional-interpretation criminal-enhancement criminal-procedure historical-analysis notice-clause prior-conviction-exception recidivism sixth-amendment sixth-amendment-notice-clause |
L Can the prior-conviction exception from Almendarez-Torres be squared with the text of the Sixth Amendment's Notice Clause and the historical practic… |
| 23-7788 |
Francisco Valtierra-Zuniga v. United States |
Fifth Circuit |
2024-06-24 |
Denied |
Response WaivedIFP |
certiorari-petition constitutional-interpretation constitutional-law criminal-law criminal-procedure due-process judicial-procedure jury-trial precedent precedent-overruling sentencing supreme-court-review |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23A1133 |
Jason Gatlin v. United States |
Eleventh Circuit |
2024-06-21 |
Presumed Complete |
|
criminal-procedure double-jeopardy eleventh-circuit finality jury-verdict sex-trafficking |
Question not identified. |
| 23-7772 |
Christopher L. Parker v. Darren Galloway, Warden |
Seventh Circuit |
2024-06-21 |
Denied |
Response WaivedIFP |
civil-procedure constitutional-challenge criminal-procedure due-process equal-protection federal-prisoner habeas-corpus ineffective-assistance-of-counsel judicial-interpretation prior-conviction sentencing-enhancement state-court-remedies |
Circumstances exist that render State Court Remedies in effective to Protect my 14th Frohts Pursuant to Clause 2254 HOG CY?
730205 613-63 0) QOD, AY,… |
| 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, under the Sixth Amendment to the United State Constitution, defendants may be prohibited from asking cooperating witnesses, and former co-con… |
| 23-7775 |
Edward Treisback v. United States |
Eleventh Circuit |
2024-06-21 |
Denied |
Response WaivedIFP |
5th-amendment burden-of-proof criminal-procedure due-process fifth-amendment morrissey-v-brewer revocation-hearing supervised-release |
Did the District Court shift the burden of proof from the United States to the defendant in violation of 18 U.S.C. 3583(c)(3) {see In Re Winship, 397 … |
| 23-7777 |
Robert King Via, Jr. v. Chadwick Dotson, Director, Virginia Department of Corrections |
Fourth Circuit |
2024-06-21 |
Denied |
Response WaivedIFP |
6th-amendment accomplice-testimony constitutional-law criminal-procedure criminal-rights due-process evidence exculpatory-evidence witness-testimony |
lo coo pi t & 6 dfftnddnfj
c o $ e re sfs Coiely On 'fta urn lore a \>i refect
of aiitjed accomf>lu£S\ dots Hie.
defendants iLltl' dntnf Lon (fa]tvHmo… |
| 23-7778 |
Davonte Williams-Dorsey v. United States |
Second Circuit |
2024-06-21 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-procedure-due-process-jury-trial-evidence due-process duress-defense fifth-amendment judicial-precedent jury-trial sixth-amendment trial-procedure united-states-v-contento-pancho united-states-v-paul |
Did the lower courts err in their preclusion of Petitioner's duress defense at trial, given the preexisting caselaw, wherein the Jury, not the Court, … |
| 23-7733 |
Thomas Richard Ward v. Virginia |
Virginia |
2024-06-20 |
Denied |
IFP |
constitutional-rights coram-vobis criminal-procedure criminal-record-expungement cruel-and-unusual-punishment due-process plea-bargain plea-colloquy protection-order-violation |
Whether or not Petitioner's Due Process according to U.S. Amendments V, VI, & XIV was violated due to errors Coram Vobis committed in the plea colloqu… |
| 23-7766 |
Charles Edward Luckett v. Robert Neuschmid, Warden |
Ninth Circuit |
2024-06-20 |
Denied |
Response WaivedIFP |
brady-v-maryland burden-of-proof criminal-procedure due-process evidence exclusionary-rule fourteenth-amendment fourth-amendment habeas-corpus sixth-amendment witness |
Whether the Ninth Circuit applied this Court's precedents in Bradshaw v. State and Barclay v. Marchand to exclude a defendant's custodial interrogatio… |
| 23-7768 |
Leonard Williamson, Jr. v. United States |
Seventh Circuit |
2024-06-20 |
Denied |
Response WaivedIFP |
acquitted-conduct criminal-procedure double-jeopardy due-process fifth-amendment sentencing-guidelines sixth-amendment |
Whether the Fifth and Sixth Amendments prohibit the district court from considering conduct of which Mr. Williamson was acquitted by the jury when cal… |
| 23-7769 |
In Re Johnny Smith |
|
2024-06-20 |
Denied |
Relisted (2)IFP |
bar-ethics court-rules criminal-procedure due-process indictment judicial-discretion judicial-misconduct legal-procedure prosecutorial-misconduct rule-of-court rules-of-court |
1) WHY DOES A DEFENDANT/PETITIONER AFTER DENIAL OF APPEAL UNDER 3.850 AS FILED IN FEDERAL COURT ALL UNDER HABEAS CORPUS IS WARRANT?
2) PROSECUTOR DEL… |
| 23-7743 |
Jensen Ken Alexander v. Territory of the Virgin Islands, et al. |
Virgin Islands |
2024-06-18 |
Denied |
IFP |
civil-procedure due-process government-delay ineffective-assistance-of-counsel prosecutorial-misconduct speedy-trial constitutional-rights criminal-procedure due-process habeas-corpus judicial-review legal-standing |
Question not identified. |
| 23-7744 |
In Re William F. Laffoon |
|
2024-06-18 |
Denied |
IFP |
civil-rights criminal-conviction criminal-procedure due-process equal-protection jurisdiction mcgirt-ruling native-american native-american-rights reservation-law retroactivity tribal-jurisdiction |
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Set Feet nfter'feCiev'/ruJtl/ne Served .
tke Volina u5aS .Made tavl ^RoryxlA k, (dkiTC.
of tke united States Dis… |
| 23-7746 |
Robert Brumfield, III v. United States |
Fifth Circuit |
2024-06-18 |
Denied |
Response WaivedIFP |
acquitted-conduct brady-prejudice criminal-procedure due-process fifth-amendment jury-acquittal prosecution-evidence sentencing sentencing-guidelines sixth-amendment |
1. Whether courts evaluating Brady prejudice are permitted to ignore a jury's acquittal when evaluating the strength of the prosecution's evidence.
I… |
| 23-7748 |
Jacob W. Barron v. United States |
Fifth Circuit |
2024-06-18 |
Denied |
Response WaivedIFP |
compliance-check criminal-procedure fourth-amendment fourth-amendment-expectation-of-privacy law-enforcement privacy-expectation probable-cause probation probation-search warrantless-search |
Mr. Jacob W. Barron's probation officers conducted a compliance check of Mr. Barron's home after they were contacted by Rapides Parish Sheriff's Offic… |
| 23-7755 |
Anthony Raymoné Clark v. Oklahoma |
Oklahoma |
2024-06-18 |
Denied |
IFP |
appeal appeal-process criminal-procedure district-court due-process due-process,civil-procedure,post-conviction,appeal final-judgment impediment post-conviction post-conviction-procedure procedural-rules |
1. Is it an abuse of discretion and are these contrary act(s) of federal law and treaty by the lower court a negligence of "natural law" resulting in … |
| 23-7734 |
Reshod Jamar Everett v. United States |
Fourth Circuit |
2024-06-17 |
Denied |
Response WaivedIFP |
criminal-procedure fourth-amendment fourth-amendment-rights law-enforcement maryland-v-buie probable-cause protective-sweep reasonable-belief warrantless-search |
Whether the Fourth Amendment precludes the police from conducting a warrantless search of a home when the police decided to conduct a protective sweep… |
| 23-7738 |
Terrill Goods v. United States |
Sixth Circuit |
2024-06-17 |
Denied |
Response WaivedIFP |
criminal-procedure defendant-rights due-process federal-rules federal-rules-of-criminal-procedure in-absentia presence sentencing waiver |
1. Whether a defendant who does not clearly and expressly waive his presence at his sentencing hearing may be sentenced in absentia under Fed. R. Crim… |
| 23-7739 |
Cary Joseph Heath v. Texas |
Texas |
2024-06-17 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure due-process exculpatory-evidence ineffective-assistance ineffective-assistance-of-counsel involuntary-intoxication new-trial trial-fairness witness-testimony |
Question not identified. |
| 23-7721 |
Darren M. Reese v. Jay Forshey, Warden |
Sixth Circuit |
2024-06-14 |
Denied |
IFP |
constitutional-law constitutional-violation criminal-procedure criminal-procedure'\n\n'May a State Court of Last due-process legal-interpretation rule-of-lenity state-court state-law statutory-interpretation |
1. Is the Rule of Lenity a Constitutional Due Process guarantee that must be employed when a State Court construes ambiguous statutory language?
2. I… |
| 23-7722 |
Christopher Harry West v. Brian Emig, Warden |
Delaware |
2024-06-14 |
Denied |
Response WaivedIFP |
brady-violation carter-v-illinois constitutional-rights criminal-procedure due-process harrington-v-richter post-conviction post-conviction-review second-challenges state-law-procedural-requirement suppression-requirement |
J<bo/eJ Wk<2r€ SUta £ouf4 poJ-f-cqAv/ic-fi '
v/<VV\^u+ <* kzy S4<t-fe- pro<-^Jor<\] r^^uirQmznf <vjJ 4/,e S-/a4u>fe
vl<x$ fnow^fVH/ c tank'd vifh no… |
| 23-7723 |
Barbara Martin v. New Jersey |
New Jersey |
2024-06-14 |
Denied |
IFP |
change-of-venue civil-rights constitutional-rights criminal-procedure due-process evidence-withholding prosecutorial-misconduct qualified-immunity standing witness-tampering |
Question not identified. |
| 23-7725 |
Jimmie Lee Walton v. United States |
Fifth Circuit |
2024-06-14 |
Denied |
Response WaivedIFP |
abuse-of-discretion allen-charge coercion court-of-appeals criminal-procedure Did the Court of Appeals abuse it's discretion in Did the Court of Appeals abuse its discretion in a directed-verdict double-jeopardy due-process fifth-circuit habeas-corpus harmless-error ineffective-assistance ineffective-assistance-of-counsel judgment-of-acquittal judicial-discretion jury-instructions mistrial motion-for-acquittal right-to-counsel sixth-amendment standard-of-review sufficiency-of-evidence |
Did Walton receive effective assistance of counsel?
Did the Court of Appeals abuse its discretion in affirming the District Courts denial of the moti… |
| 23-1310 |
Dean Gross v. United States |
Tenth Circuit |
2024-06-14 |
Denied |
Amici (1) |
criminal-custody criminal-law criminal-procedure custody federal-courts federal-escape-statute federal-statutes halfway-house statutory-interpretation tenth-circuit |
Whether or under what circumstances a criminal defendant released to a halfway house is in "custody" and therefore can commit the crime of escape. |
| 23-7705 |
Eric D. Johnson v. Mississippi |
Mississippi |
2024-06-13 |
Denied |
IFP |
administrative-review criminal-procedure criminal-sentencing due-process equal-protection judicial-relief retroactivity safety-valve sentencing-calculation statutory-interpretation |
Whether Sohnson's SenTencé 18 improperly Calculated--and Should be celev[aTe! under The $,4Ty
perseoT (0%) Sentencing law in effecT aT The Time
of im … |
| 23-7708 |
Joshua Peters v. United States |
Third Circuit |
2024-06-13 |
Denied |
Response WaivedIFP |
burden-shifting constitutional-law criminal-procedure due-process government-misconduct new-trial presumption-of-innocence prosecutorial-misconduct trial-order |
Before trial, the district court barred the Government from commenting that the defense had the opportunity to conduct independent forensic testing on… |
| 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… |
| 23-7715 |
Noel Bender v. Iowa Department of Corrections, et al. |
Eighth Circuit |
2024-06-13 |
Denied |
Response WaivedRelisted (2)IFP |
criminal-procedure criminal-statute domestic-violence due-process evidence federal-law firearm-possession gun-rights restraining-order standard-of-proof statutory-interpretation |
Whether Suth Amfra/f &JdwCt Suff&rfe Ahvt dhAJat C&tudi Jyndfiy /XtiadOmaA'U skedA 9M9 y&d Bentff Add Pm/A Afrt A^hah/A/np a/- ?Ae Bmdtr dS&uf-kd AAe … |
| 23-7716 |
Donte Solomon v. Robert St. Andre, Warden |
Ninth Circuit |
2024-06-13 |
Denied |
Response WaivedIFP |
alcohol-and-drugs constitutional-rights criminal-procedure due-process heat-of-passion jealousy judicial-review jury-instructions jury-selection legal-challenge mental-state provocation |
Question not identified. |
| 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 |
1. Can a Defendawts Conwetion be Sustained and impermissiby Prediedted on a defendants Uncorroborated statements ta Laterragition oF Ficers.
* oes th… |
| 23-7690 |
Wendell Johnson, aka Lamar Hill v. New Jersey |
New Jersey |
2024-06-12 |
Denied |
IFP |
administrative-law civil-rights constitutional-law criminal-procedure due-process evidence ineffective-assistance-of-counsel judicial-bias judicial-review legal-procedure prosecutorial-misconduct statutory-interpretation |
Question not identified. |
| 23-7697 |
Zachary Kelsey v. Tim Garrett, Warden, et al. |
Ninth Circuit |
2024-06-12 |
Denied |
Response WaivedIFP |
cause-of-death closing-argument criminal-procedure criminal-trial forensic-pathologist forensic-pathology habeas-corpus ineffective-assistance-of-counsel second-degree-murder sixth-amendment |
1. Whether Zachary Kelsey was deprived of the effective assistance of counsel when trial counsel waived Kelsey's closing argument at trial.
2. Whethe… |
| 23-7699 |
Levoyd A. Jones v. Angela Hunsinger-Stuff, Warden |
Sixth Circuit |
2024-06-12 |
Denied |
IFP |
6th-amendment brady-violation criminal-procedure direct-evidence due-process evidence ineffective-assistance jurisdiction sixth-amendment trial-counsel uncharged-crime witness-impeachment |
I. Whether evidence of an uncharged crime that occured two years after the time-frame of the indictment can be used as direct evidence linking the def… |
| 23-7700 |
Deon Anthony Romell Bailey v. United States |
Eighth Circuit |
2024-06-12 |
Denied |
Response WaivedIFP |
bodily-safety circuit-court civil-rights compassionate-release criminal-procedure due-process innocence-claim physical-abuse sentencing-enhancement sexual-abuse |
Did the Eighth Circuit Decision improperly deny defendant's Career offender Challenge by failing to consider he no longer qualifies for the enhancemen… |
| 23-1295 |
Linnzi Zaorski v. Nicholas Usner |
Louisiana |
2024-06-12 |
Denied |
|
child-custody civil-contempt civil-procedure contempt-of-court criminal-contempt criminal-procedure due-process fourteenth-amendment preponderance-of-evidence purge-clause reasonable-doubt suspended-sentence suspension-of-sentence |
1) Did the suspension of Ms. Zaorski's fixed jail sentence and fine, conditioned on terms wholly unrelated to the judgment which she was convicted of … |
| 23-1290 |
Michael Binday v. United States |
Second Circuit |
2024-06-11 |
Denied |
Response Waived |
598 U.S. 306 (2023) requires retroactive effect constitutional-challenge criminal-law criminal-procedure criminal-statute due-process fraud habeas-corpus retroactive-effect retroactivity section-2255 standing statutory-interpretation supreme-court-review |
Whether this Court's decision in Ciminelli v. United States, 598 U.S. 306 (2023), was a constitutional determination that placed particular conduct or… |
| 23-7681 |
Thomas George Craaybeek v. Texas |
Texas |
2024-06-11 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process fundamental-rights grand-jury habeas-corpus ineffective-assistance post-conviction-relief suppressed-evidence |
ACCORNML Te THE Stare & TEAS in Ex Sante Tovaa, M6) 4¥I28 YBN 1 that tHE _Pundnse to SE Senvzo G4 A Pode cenvienon wear & daseas Cons 14 \wete ane hes… |
| 23-7682 |
Daniel Loyola, Jr. v. United States |
Fifth Circuit |
2024-06-11 |
Denied |
Response WaivedIFP |
2nd-amendment appellate-review constitutional-analysis criminal-law criminal-procedure due-process fifth-circuit firearms plain-error statutory-interpretation united-states-v-bruen |
I. Mr. Loyola pleaded guilty to violating 18 U.S.C. § 922(o), which criminalizes the transfer or possession of a machinegun. On appeal, Mr. Loyola att… |
| 23-7683 |
Keon Lamont Lee v. United States |
Sixth Circuit |
2024-06-11 |
Denied |
Response WaivedIFP |
appellate-rights circuit-split criminal-procedure due-process guilty-plea guilty-plea-withdrawal plea-bargaining plea-withdrawal sentencing sixth-circuit |
Should a district court grant a pre-sentencing motion to withdraw a guilty plea if that plea was made without full knowledge of its consequences? |
| 23-7685 |
Edwin K. Davis v. Florida |
Florida |
2024-06-11 |
Denied |
Response WaivedIFP |
criminal-procedure fourteenth-amendment jury-trial ramos-v-louisiana sixth-amendment williams-v-florida |
Whether Petitioner was derived of his right, under the Sixth and Fourteenth Amendments, to a trial by a 12-person jury when the defendant is charged w… |
| 23-7673 |
Aubrey Jiles Stanley, Jr. v. Bryan Morrison, Warden |
Sixth Circuit |
2024-06-10 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct self-defense severance sixth-amendment witness-testimony |
1.) WAS TRIAL COUNSEL INEFFECTIVE FOR FAILURE TO MOVE FOR A MISTRIAL, OR FILE A SEVERANCE MOTION IN THE CIRCUIT COURT, WHICH PREJUDICE HIS DEFENSE? FO… |
| 23-1288 |
Nicholas Newman v. United States |
Tenth Circuit |
2024-06-10 |
Denied |
|
actual-innocence assault-federal-officer collateral-attack-waiver criminal-law-procedure criminal-procedure federal-criminal-law habeas-corpus plea-agreement statutory-interpretation tenth-circuit |
1. Whether reasonable jurists could debate whether assault on a federal officer under 18 U.S.C. § 111 can be committed by reckless contact with anothe… |
| 23-7661 |
Muhammad E. Milhouse v. New York City Department of Homeless Services, et al. |
Second Circuit |
2024-06-07 |
Denied |
Response WaivedIFP |
attorney-representation civil-procedure civil-rights criminal-procedure critical-stage due-process representation right-to-counsel sixth-amendment standing victim-rights |
Question not identified. |
| 23-7663 |
Sandra Denise Curl, aka Sandra Curl Jacobs, aka Sandra Curl-Jacobs El, aka Minister Sandra El v. United States |
Fourth Circuit |
2024-06-07 |
Denied |
Response WaivedIFP |
criminal-procedure due-process mental-health right-to-counsel sixth-amendment von-moltke-v-gillies waiver waiver-of-counsel |
I. Whether, for a waiver of the Sixth Amendment right to trial counsel to be effective, a defendant must understand the elements of the charged offens… |
| 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 |
Question not identified. |
| 23-7669 |
Anthony Bender, Jr. v. United States |
Seventh Circuit |
2024-06-07 |
Denied |
Response WaivedIFP |
brady-violation burden-of-proof criminal-procedure due-process evidence evidence-sufficiency police-testimony prosecutorial-misconduct reasonable-sentence witness-testimony |
1. Whether the government's failure to disclose the dash camera video constituted a Brady violation?
2. Whether a conviction based solely on the test… |
| 23-7650 |
Samuel Cuellar v. Jeff Tanner, Warden |
Sixth Circuit |
2024-06-06 |
Denied |
Response WaivedIFP |
appellate-procedure constitutional-violation criminal-procedure ineffective-assistance ineffective-assistance-of-counsel informed-decision mandatory-minimum mandatory-minimum-sentences plea-bargaining plea-negotiations sentencing |
I. PETITIONER IS ENTITLED TO REINSTATEMENT OF PLEA OFFER WHERE COUNSEL FAILED TO INFORM HIM DURING PLEA NEGOTIATIONS THAT IF HE WAS CONVICTED UNDER MC… |
| 23-7656 |
Carl Monroe Gordon v. United States |
Fifth Circuit |
2024-06-06 |
Denied |
Response WaivedIFP |
constitutional-provisions constitutional-rights criminal-procedure defendants-rights due-process jurisdiction legal-procedure speedy-trial statutory-interpretation trial-act |
Was defendants Speedy Trial Rights Act Violated? |
| 23A1088 |
Anthony Mungin v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2024-06-06 |
Presumed Complete |
|
constitutional-review criminal-procedure death-penalty habeas-corpus ineffective-assistance trial-counsel |
Question not identified. |
| 23-1278 |
Tsai-Fen Lee v. Washington |
Washington |
2024-06-06 |
Denied |
Response Waived |
appellate-review constitutional-rights criminal-procedure due-process effective-assistance-of-counsel guilty-plea ineffective-assistance personal-restraint plea-bargaining right-to-counsel voluntariness-of-plea |
1. Whether Trial Court erred in accepting defendant Tsai-Fen Lee to plead guilty when the plea was on its face equivocal.
2. Can Lee's guilty plea be… |
| 23-7637 |
Andres Nixon Gonzales-Catagua, aka Nexon Gonzalez v. United States |
Eleventh Circuit |
2024-06-05 |
Denied |
Response WaivedIFP |
criminal-procedure drug-enforcement drug-interdiction jurisdiction jurisdictional-limit law-enforcement maritime-drug-law maritime-law military-law-enforcement miranda-warnings sixth-amendment |
WHETHER the jurisdictional limit contained in the Maritime Drug Law Enforcement Act relates to the legislative reach of the statute or whether it rela… |
| 23-7640 |
Devin Fischer v. North Dakota |
North Dakota |
2024-06-05 |
Denied |
IFP |
abuse-of-discretion constitutional-rights criminal-procedure double-jeopardy due-process due-process-clause fair-trial guilty-plea judicial-discretion legal-standards |
Is a defendant denied due process when the court ignores legal standards and relies solely on their discretion?
Does the defendant suffer double jeop… |
| 23-7642 |
John A. Beatty v. Jay Forshey, Warden |
Sixth Circuit |
2024-06-05 |
Denied |
Response WaivedIFP |
case-law criminal-procedure due-process habeas-corpus judicial-review legal-standards precedent precedent-validity standing statutory-interpretation supreme-court-precedent |
1. Is McCarthy V United States, 394 U.S. 459(1969); Ex Parte Milligan, 71 U.S. 2(1866); Greenholtz V Nebraska Penal Inmates, 442 U.S. 1 (1979); Oregon… |
| 23-7643 |
Thomas Antonio Stuart v. United States |
Eleventh Circuit |
2024-06-05 |
Denied |
Response WaivedIFP |
alien-smuggling criminal-penalty criminal-procedure legislative-history mandatory-minimum sentencing statutory-interpretation textualism |
Whether the five-year mandatory minimum penalty of 8 U.S.C. § 1324(a)(2), which applies to a defendant's third "violation" of subsection (a)(2)(B)(Gi)… |
| 23-7646 |
Rogaciano Demetrio-Jimenez v. United States |
Fifth Circuit |
2024-06-05 |
Denied |
Response WaivedIFP |
almendarez-torres case-precedent criminal-procedure due-process fifth-circuit judicial-review jury-trial sentencing stare-decisis statutory-interpretation supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-7616 |
Jacob Ray Owens v. United States |
Fifth Circuit |
2024-06-04 |
Denied |
Response WaivedIFP |
burden-of-proof co-conspirator-evidence criminal-procedure drug-conspiracy drug-purity drug-quantity ineffective-assistance ineffective-assistance-of-counsel methamphetamine-purity sentencing sentencing-enhancement |
Whether the purity of outside-the-conspiracy methamphetamine, linked to Owens's conspiracy solely by personnel, permitted an inference that Owens's me… |
| 23-7629 |
Robert Randall Ziegler v. Oklahoma |
Oklahoma |
2024-06-04 |
Denied |
IFP |
constitutional-rights conviction-relief criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel judicial-review post-conviction-relief right-to-counsel state-court-appeal |
Question not identified. |
| 23-7630 |
Jamaal Elwood Dance v. United States |
Fourth Circuit |
2024-06-04 |
Denied |
Response WaivedIFP |
appeal-waiver appellate-procedure constitutional-law contract-law criminal-procedure judicial-enforcement jurisdiction plea-agreement |
WAS THE APPEAL BARRED BY THE APPEAL WAIVER IN THE PLEA AGREEMENT, I.E. SHOULD THE COURT OF APPEALS HAVE ENFORCED AND THUS APPROVED THE APPEAL WAIVER? |
| 23-7635 |
Douglas Cornell Jackson v. Nathan Hoffman, Warden |
Sixth Circuit |
2024-06-04 |
Denied |
Response WaivedRelisted (2)IFP |
civil-rights constitutional-rights criminal-procedure due-process habeas-corpus post-conviction postconviction-proceedings standing state-court |
WHETHER A DISTRICT COURT'S SUA SPONTE STAY OF
HABEAS CORPUS PETITION PENDING RESOLUTION OF
POSTCONVICTION PROCEEDING IN STATE COURT IS
APPEALABLE AFTE… |
| 23-7615 |
Randall Crater v. United States |
First Circuit |
2024-06-03 |
Denied |
Response WaivedIFP |
compulsory-process criminal-procedure fair-trial sixth-amendment structural-error touhy-regulations trial-subpoenas witness-testimony |
Whether the district court's decision to quash three trial subpoenas because defendant did not comply with Touhy regulations violated defendant's Sixt… |
| 23-7619 |
Brandon Gibbs v. Texas |
Texas |
2024-06-03 |
Denied |
IFP |
closing-argument constitutional-rights criminal-procedure due-process fifth-amendment prosecutorial-misconduct self-incrimination |
Did prosecutor improperly comment on Petitioner's failure to testify during closing argument, in violation of the Fifth Amendment? |
| 23-7622 |
Angel Luis Concepcion-Rosario v. United States |
Third Circuit |
2024-06-03 |
Denied |
Response WaivedIFP |
4th-amendment criminal-procedure district-court-error due-process exclusionary-rule impeachment judgment-of-acquittal miranda-rights motion-for-mistrial physical-evidence sentencing suppression-of-evidence |
1. Did the district court error in not suppressing the physical evidence and the statement?
2. Did the district court error in not granting the petit… |
| 23-7623 |
Estephen Castellon v. Ohio |
Ohio |
2024-06-03 |
Denied |
IFP |
criminal-procedure discovery due-process evidence-preservation exculpatory-evidence law-enforcement sixth-amendment speedy-trial warrant-execution |
Whether the failure to preserve potentially exculpatory evidence under the Trombetta and Youngblood standards, coupled with delays in trial proceeding… |
| 23-7625 |
Henry Sowers v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2024-06-03 |
Denied |
Response WaivedIFP |
ada-accessibility americans-with-disabilities-act criminal-procedure due-process equal-protection hearing-impairment judicial-accessibility pro-se pro-se-defendant structural-error voir-dire |
1. Does the State violate the American Disabilities Act by failing to provide
"Program Accessibility " to a hearing impaired Defendant (pro-se) in a
… |
| 23-7599 |
Jorge Ortiz-Juarez v. United States |
Fifth Circuit |
2024-05-31 |
Denied |
Response WaivedIFP |
case-law certiorari-petition constitutional-interpretation criminal-procedure due-process judicial-procedure overruling precedent-overruling sentencing statutory-interpretation supreme-court-precedent supreme-court-review |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-7606 |
Tommy Tate Collins v. United States |
Eighth Circuit |
2024-05-31 |
Denied |
IFP |
criminal-procedure district-court fair-and-just-standard government-breach judicial-discretion plea-agreement remedy santobello-v-new-york sentencing-remedy |
1. What is the appropriate test or what factors should a district court consider when determining the appropriate remedy, after an appellate court has… |
| 23-7609 |
Donald Washington, Sr. v. California |
California |
2024-05-31 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-conviction criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel post-conviction-relief procedural-due-process right-to-appeal |
1. Did the Defendant have the Right to Appeal his Conviction 48 years Ago as a Right?
2. Was Petitioner Denied Effective Assistance of Counsel by his… |
| 23A1073 |
Jeremiah Wooden v. Massachusetts |
Massachusetts |
2024-05-31 |
Presumed Complete |
|
constitutional-law criminal-procedure double-jeopardy fifth-amendment retrial sufficiency-of-evidence |
If there is a change in law during the appeal of a criminal conviction, and the evidence at trial is insufficient to support a finding of guilt under … |
| 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 WHEN THE DISTRICT COURT ADMITTED RECORDED STATEMENTS OF UNAVAILABLE CODEFENDANTS INTO E… |
| 23-7594 |
Felipe Matias-Miguel v. United States |
Fifth Circuit |
2024-05-30 |
Denied |
Response WaivedIFP |
Almendarez-Torres-v-United-States Apprendi-v-New-Jersey case-review criminal-procedure due-process fifth-circuit judicial-precedent jury-trial legal-challenge sentencing supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-7581 |
Glenn D. Odom, II v. Scott Jordan, Warden |
Sixth Circuit |
2024-05-29 |
Denied |
Response WaivedIFP |
conflict-counsel conflict-of-counsel constitutional-rights criminal-procedure criminal-rights due-process jury jury-questioning pro-se-defense waiver witness witness-testimony |
Please help uS T The ComfnonweAlhh ©h !Aer\hucKy V\a$
ndophed aa unconshihuhioned pAhtern And pfAthic^ Allowing
Cour4 Appealed UvuyerS ho lolurh ©uh… |
| 23-7583 |
Shawn Hill v. United States |
Second Circuit |
2024-05-29 |
Denied |
Response WaivedIFP |
acceptance-of-responsibility criminal-procedure mental-health plea-bargaining remorse sentencing sentencing-guidelines substantive-reasonableness supervised-release |
1. Was petitioner improperly denied credit for acceptance of responsibility based on an incident in a Hartford jail that appeared to be a mental healt… |
| 23-7585 |
Wilfred H. v. Josh Ward, Interim Superintendent, Mount Olive Correctional Complex |
West Virginia |
2024-05-29 |
Denied |
IFP |
constitutional-law constitutional-rights criminal-charges criminal-procedure double-jeopardy due-process factual-allegations legal-procedure multiple-convictions multiple-counts |
Does a state violate due process or double jeopardy principles when it charges and convicts a defendant on multiple, identical counts, with none conne… |
| 23-7588 |
Ruben Mendezsales v. Florida |
Florida |
2024-05-29 |
Denied |
IFP |
14th-amendment 6th-amendment constitutional-rights criminal-procedure felony felony-charges fourteenth-amendment jury-trial overrule sixth-amendment williams-v-florida |
Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 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 |
After a first trial resulted in a hung jury, Petitioner was retried and ultimately convicted of sexual assault. Suspecting foul play during trial, def… |
| 23-1250 |
Carlos Vega v. Terence B. Tekoh |
Ninth Circuit |
2024-05-29 |
Denied |
Amici (2)Response RequestedResponse WaivedRelisted (2) |
administration-of-justice circuit-split coerced-confessions confession-admissibility criminal-procedure due-process expert-testimony fifth-amendment miranda-rights miranda-warning ninth-circuit |
1. Whether the Ninth Circuit erred by establishing—in conflict with the decisions of other circuits—a categorical rule requiring the admission of expe… |
| 23-7561 |
Charles Hyde v. United States |
Eleventh Circuit |
2024-05-28 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure due-process exculpatory-evidence standing supreme-court |
Question not identified. |
| 23-7564 |
Ricky T. Jackson v. United States |
Sixth Circuit |
2024-05-28 |
Denied |
Response WaivedIFP |
confidential-informant criminal-procedure criminal-sentencing double-hearsay due-process evidentiary-sufficiency sentencing sentencing-enhancement sixth-amendment sixth-circuit |
1. Whether this Honorable Court should grant certiorari to review whether the Sixth Circuit's determination that the uncorroborated and unreliable dou… |
| 23-7565 |
Juan Aguiera-Guzman v. United States |
Ninth Circuit |
2024-05-28 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure due-process federal-sentencing judicial-reasoning mitigation-arguments plain-error sentencing sentencing-discretion silent-record |
Does the holding in Molina -Martinez apply to non -Guidelines calculation sentencing errors, such as the clear Rule 32 violation here? If not, how doe… |
| 23-7566 |
Brendon Tyre Garner v. United States |
Fourth Circuit |
2024-05-28 |
Denied |
Response WaivedIFP |
5th-amendment 6th-amendment acquitted-conduct criminal-procedure due-process fifth-amendment sentencing sentencing-guidelines sixth-amendment |
Whether the Fifth and Sixth Amendments prohibit a federal court from basing a criminal defendant's sentence on conduct for which a jury has acquitted … |
| 23-7567 |
Michael David Carruth v. John Q. Hamm, Commissioner, Alabama Department of Corrections |
Eleventh Circuit |
2024-05-28 |
Denied |
IFP |
alabama appellate-counsel constitutional-right criminal-procedure death-penalty exhaustion ineffective-assistance procedural-bar right-to-counsel state-procedure writ-of-certiorari |
When a state by statute or rule imposes a duty upon appellate counsel for the defendant-appellant in a criminal case to file a petition for a writ of … |
| 23-7568 |
Malek Lassiter v. United States |
Fourth Circuit |
2024-05-28 |
Denied |
Response WaivedIFP |
18-usc-924c appellate-review court-of-appeals criminal-conviction criminal-procedure federal-statute section-924c sentencing statutory-interpretation supreme-court united-states-v-taylor |
Whether The Court Of Appeals Erred By Holding Lassiter's Convictions Under 18 U.S.C. § 924(c) On Counts 25 And 28 Remain Lawful After United States v.… |
| 23-7569 |
Raymond Woodley v. North Carolina |
North Carolina |
2024-05-28 |
Denied |
Response WaivedIFP |
conflict-of-interest criminal-procedure due-process ineffective-assistance multiple-representation sixth-amendment strickland-prejudice strickland-standard sullivan-standard trial-court |
When counsel alerts the trial court to a conflict of interest not involving multiple representation, and the trial court fails to resolve the conflict… |
| 23-7571 |
Corey Goings v. United States |
Sixth Circuit |
2024-05-28 |
Denied |
Response WaivedIFP |
appeal-rights appeal-waiver constitutional-rights criminal-procedure due-process plea-agreement plea-bargaining racial-discrimination sentencing |
I. Whether the Plea Agreement's general waiver of appeal rights included a waiver of appealing a sentence based on the impermissible factor of race. |
| 23-7572 |
Jerry A. Smith v. John Galipeau |
Seventh Circuit |
2024-05-28 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure due-process fourth-amendment search-and-seizure standing |
Question not identified. |
| 23-7560 |
David Darnell Whitehead v. United States |
Fourth Circuit |
2024-05-24 |
Denied |
Response WaivedIFP |
alien-smuggling border-crossing criminal-intent criminal-procedure designated-port-of-entry illegal-immigration immigration-law mens-rea port-of-entry statutory-interpretation sufficiency-of-evidence |
I. IN AN ILLEGAL ALIEN SMUGGLING CASE, WHAT CONSTITUTES
BRINGING TO OR ENTERING THE UNITED STATES "AT A PLACE
OTHER THAN A DESIGNATED PORT OF ENTRY", … |
| 23-7553 |
Francisco Joseph Arcila Ramirez v. United States |
Eleventh Circuit |
2024-05-23 |
Denied |
Response WaivedIFP |
18-usc-2339b criminal-procedure foreign-terrorist-organization material-support sentencing terrorism-enhancement |
When a defendant has entered a plea of guilty to the offense of providing material support to a foreign terrorist organization, in violation of 18 U.S… |
| 23-7556 |
Nathan O. Beal v. Washington |
Washington |
2024-05-23 |
Denied |
IFP |
criminal-procedure criminal-trials daubert-standard due-process evidence-rule expert-testimony federal-evidence-rule firearm-ballistics frye-standard scientific-evidence trial-procedure |
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FzderjbUenee RJt 701^,'U… |
| 23A1048 |
Quentin Veneno, Jr. v. United States |
Tenth Circuit |
2024-05-23 |
Presumed Complete |
|
covid-19 criminal-procedure preservation public-trial right-to-access sixth-amendment |
The circumstances under which Rule 51 triggers a criminal defendant's obligation to object to a violation of his or her right to a public trial, and s… |
| 23A1049 |
Meko R. Walker v. United States |
Fifth Circuit |
2024-05-23 |
Presumed Complete |
|
constitutional-rights criminal-procedure ineffective-assistance right-to-testify sixth-amendment trial-counsel |
Question not identified. |
| 23-7532 |
In Re Keith Hager |
|
2024-05-22 |
Denied |
Response WaivedIFP |
charging-instrument criminal-procedure criminal-sentencing due-process judicial-authority mandamus mens-rea sentencing statutory-interpretation writ-of-mandamus |
WHETHER THIS COURT MUST ISSUE A WRIT OF MANDAMUS WHERE A FEDERAL COURT LACKED AUTHORITY TO SENTENCE PETITIONER UPON AN OFFENSE FOR WHICH CONGRESS DID … |
| 23-7537 |
Mike Austin Anderson v. United States |
Fifth Circuit |
2024-05-22 |
Denied |
Response WaivedIFP |
appeal criminal-procedure criminal-trial due-process judicial-procedure jury-instructions jury-verdict motion-to-revoke recusal-motion standard-of-review sufficiency-of-evidence |
1) Whether the district court erred by finding that the prosecution produced sufficient evidence at trial for a reasonable jury to return a guilty ver… |
| 23-7539 |
Eddie Lamar Thomas v. Don Langford, Warden |
Tenth Circuit |
2024-05-22 |
Denied |
IFP |
criminal-procedure custodial-interrogation due-process fifth-amendment investigative-detention miranda-warnings self-incrimination |
1. Mr. Thomas alleged that the district court violated his Fifth Amendment rights. Mr. Thomas was convicted, in larger part, from his statements made … |
| 23-7540 |
Oscar Catalan Ruiz v. California |
California |
2024-05-22 |
Denied |
IFP |
abstract-statutes appeals civil-rights constitutional-rights criminal-procedure defendants-rights due-process judicial-review jurisdiction legal-interpretation procedural-due-process sentencing |
Question not identified. |
| 23-7541 |
Tommy Duane Barnes v. Roberto Felix, Jr., et al. |
Fifth Circuit |
2024-05-22 |
GVR |
Response WaivedRelisted (3)IFP |
civil-rights conspiracy conspiracy-to-murder constitutional-rights criminal-procedure due-process judicial-misconduct jurisdiction pro-se-representation standing texas-jurisdiction tyranny |
1) Was Ashtian actually MUR"ERE" as part of a plan ?
2) Was the petittioner(TOMMY BARNES) Constitutional Rights violated
by The United States "istri… |
| 23-7542 |
Anthony Obute v. United States |
Fifth Circuit |
2024-05-22 |
Denied |
Response WaivedIFP |
appellate-rights appellate-waiver controlled-substance criminal-procedure pharmacy-operations plea-agreement sentencing-enhancement statutory-interpretation |
Does a defendant's waiver of appellate rights in a plea agreement, which explicitly reserves the right to challenge the constitutionality of a statute… |
| 23-7543 |
Jeryme Morgan v. DeAnna Brookhart |
Seventh Circuit |
2024-05-22 |
Denied |
Response WaivedIFP |
constitutional-provisions criminal-procedure due-process equal-protection habeas-corpus judicial-review legal-interpretation precedent-setting prior-crimes-evidence standing statutory-construction |
The text in the "QUESTION(S) PRESENTED" section is severely degraded and largely illegible due to handwriting and OCR errors. The visible portions app… |
| 23-7544 |
Rodolfo Morales-Cortez v. United States |
Ninth Circuit |
2024-05-22 |
Denied |
Response WaivedIFP |
burden-of-proof closing-argument criminal-procedure defendant-rights due-process objection-standard prejudice prosecutorial-misconduct |
Does a defendant who timely objects to a prosecutor's misconduct during closing argument nevertheless bear the burden to show that it caused him preju… |
| 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 |
1) Whether it's Proper For the District court to Tawed and Cove ANd CaiWote-to Growed Pex Alors 40 Goppgrts Me Chem & GAC Facroul Lonocences and déry … |
| 23-7547 |
Branden Tyler v. United States |
Eleventh Circuit |
2024-05-22 |
Denied |
Response WaivedIFP |
18-usc-2 5th-amendment aiding-and-abetting criminal-procedure due-process fifth-amendment interstate-commerce person principal statutory-interpretation |
WHETHER UNDER THE FIFTH AMENDMENT OF THE UNITED STATES CONSTITUTION CAN A DEFENDANT BE CHARGED WITH AIDING AND ABETTING UNDER 18 U.S.C. § 2 WHEN THE A… |
| 23-7517 |
Christopher L. Wilson v. Hawaii |
Hawaii |
2024-05-21 |
Denied |
Amici (5)Response RequestedResponse WaivedRelisted (9)IFP |
2nd-amendment bruen-test civil-rights constitutional-rights criminal-procedure criminal-prosecution due-process licensing-scheme second-amendment self-defense standing supremacy-clause |
Whether the Bruen test determines when a State's criminal prosecution for carrying a handgun without a license violates the Second Amendment? |
| 23-7521 |
Keith Lamar Rodgers v. Florida |
Florida |
2024-05-21 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition jury-trial sixth-amendment |
Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-7525 |
Stanley Waldron v. Louisiana |
Louisiana |
2024-05-21 |
Denied |
IFP |
constitutional-law criminal-procedure criminal-punishment due-process equal-protection hard-labor involuntary-servitude state-liability thirteenth-amendment |
IS THE STATE OF LOUISIANA BARRED BY THE THIRTEENTH AMENDMENT OF THE
UNITED STATES CONSTITUTION FROM THE PUNISHMENT OF INVOLUNTARY SERVITUDE AT
HARD LA… |
| 23-7528 |
Aaron Matthew Rentfrow v. United States |
Fifth Circuit |
2024-05-21 |
Denied |
Response WaivedIFP |
criminal-procedure evidence fair-trial juror-misconduct jury-misconduct prosecutorial-conduct prosecutorial-misconduct sixth-amendment trial-procedure witness-testimony |
The district court erred by failing to grant a mistrial. Error in the following
four respects, viewed in aggregate, deprived Mr. Rentfrow of his Sixth… |
| 23A1035 |
Dedric Dixon v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2024-05-21 |
Presumed Complete |
|
constitutional-rights criminal-procedure double-jeopardy felony-murder ineffective-assistance jury-verdicts |
Question not identified. |
| 23-7509 |
Thomas J. Moore v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2024-05-20 |
Denied |
IFP |
burden-of-proof capital-case criminal-procedure due-process fair-trial ineffective-assistance prosecutorial-misconduct religious-arguments testimonial-evidence trial-counsel |
In a capital case where the petitioner has always maintained his innocence, where the petitioner testified in his own defense, and where the prosecuti… |
| 23-7511 |
Rodney Johnson v. Tom McGinley, Superintendent, State Correctional Institution at Coal Township, et al. |
Third Circuit |
2024-05-20 |
Denied |
IFP |
appellate-procedure constitutional-law constitutional-rights criminal-procedure due-process evidence exclusionary-rule fourth-amendment probable-cause search-and-seizure |
I-l pcul-exi 4^ Coryipl^ 4~kp
p ^ oF CourT" +■© Prelude ■++« Sn'gm onol StoJ
°.F pfbhahk CGW2e ^^)+hlh T|W|
r ^Lf'Sd'CW +* loo lei Csu7T-T><jipmc<SS>… |
| 23-7516 |
Anthony Roy Spain v. Oklahoma |
Oklahoma |
2024-05-20 |
Denied |
IFP |
creek-nation criminal-procedure direct-appeal flores-ortega ineffective-assistance ineffective-assistance-of-counsel jurisdiction mcgirt-decision mcgirt-v-oklahoma sixth-amendment |
Were trial counsel ineffective, in violation of Roe v. Flores-Ortega, 528 U.S. 470 (2000), for failing to consult with Mr. Spain about taking a direct… |
| 23-7494 |
Ohio, ex rel. Soleiman Mobarak v. Jeffrey M. Brown, Judge, Court of Common Pleas of Ohio, Franklin County, et al. |
Ohio |
2024-05-17 |
Denied |
IFP |
constitutional-law criminal-jurisdiction criminal-law criminal-procedure due-process ex-post-facto retrospective-legislation subject-matter-jurisdiction void-for-vagueness |
1. Is it repugnant to the Constitution, treaties, or laws of the United States to convict and incarcerate
a United States citizen, and deprive him of… |
| 23-7503 |
Christopher Michael Bullins Croce v. Florida |
Florida |
2024-05-17 |
Denied |
Response WaivedIFP |
14th-amendment 6th-amendment constitutional-rights criminal-procedure due-process felony first-amendment fourteenth-amendment jury-trial sixth-amendment stalking-statute |
I. Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony?
II. Wh… |
| 23-7508 |
Matias Zarate v. United States |
Seventh Circuit |
2024-05-17 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure due-process guidelines reasonableness reasonableness-standard sentencing sentencing-guidelines seventh-circuit supervised-release |
Whether a sentence within the guidelines range is unreasonable when the defendant has already served more time on supervised release than originally s… |
| 23-7491 |
Caesar V. Vaca v. United States |
Eighth Circuit |
2024-05-16 |
Denied |
Response WaivedIFP |
criminal-procedure due-process evidence evidence-introduction fair-trial federal-rules-of-evidence ineffective-assistance ineffective-assistance-of-counsel trial-attorney |
Whether trial attorney's error resulted in the introduction
of evidence under Federal Rules of Evidence 404(b) that led to
an unfair conviction.
OR
W… |
| 23-7496 |
In Re Olamide O. Bello |
|
2024-05-16 |
Denied |
IFP |
access-to-court access-to-courts constitutional-rights criminal-procedure due-process exculpatory-evidence ineffective-assistance-of-counsel prosecutorial-misconduct sixth-amendment speedy-trial-act standing |
Whether tre failure of tne Counsel to Pursue an appea\ Or Motion the
Pebttonee wWourd hove Ofnerwise Puvsyed Wolate tne Sixth amendment
Preyudice tn t… |
| 23-7497 |
In Re Olamide O. Bello |
|
2024-05-16 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure defamation due-process federal-release first-amendment free-speech government-liability retaliation speech-restriction |
1. Wether a Company's Comments with customer on and for tedress Of Grievances Ver on alt eqed Qqovernment defam ator stoten ends 15 Orotected Under Fi… |
| 23-7470 |
Christopher L. Takhvar v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2024-05-15 |
Denied |
Response WaivedRelisted (2)IFP |
certificate-of-appealability civil-rights constitutional-law criminal-procedure due-process edwards-v-arizona ex-post-facto fundamental-rights habeas-corpus retroactive-criminalization slack-v-mcdaniel |
1A He appeal of the duial fa 28 e224 Pebtion
t>/ Raeary ee lo "MMer-El v Cockrell 37 VS 322"
the US PRES Guei * 9 "case Govern
He vance of aX Ca Oe Go… |
| 23-7476 |
Julius Jerome Walker v. Oklahoma |
Oklahoma |
2024-05-15 |
Denied |
Relisted (2)IFP |
abuse-of-discretion civil-rights criminal-procedure double-jeopardy due-process fundamental-rights ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct registration-requirements |
1. Whether the District court in Muskogee county denied me my fundamental rights because of PROSECUTORIAL MISCONDUCT of Larry Moore former prosecutor … |
| 23-7477 |
Joseph Ira Patterson, III v. United States |
Fourth Circuit |
2024-05-15 |
Denied |
Response WaivedIFP |
appeal appellate-jurisdiction criminal-appeal criminal-procedure drug-possession due-process plea-agreement plea-bargain sentencing sentencing-enhancement waiver waiver-of-rights |
Whether a provision in a plea agreement which bars a defendant from appealing "any sentence of imprisonment" can be knowingly entered into well before… |
| 23-7483 |
Edgardo Esteras v. United States |
Sixth Circuit |
2024-05-15 |
Judgment Issued |
Amici (1)Response RequestedResponse WaivedRelisted (4)IFP |
18-usc-3553 18-usc-3583 circuit-split criminal-procedure judicial-discretion sentencing sentencing-factors statutory-interpretation supervised-release |
Even though Congress excluded section 3553(a)(2)(A) from section 3583(e)'s list of factors to consider when revoking supervised release, may a distric… |
| 23-7486 |
Edgar Vazquez v. United States |
Eleventh Circuit |
2024-05-15 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure due-process evidentiary-hearing motion-to-dismiss motion-to-suppress standard-of-review |
I. WHETHER CERTIORARI REVIEW SHOULD BE GRANTED WHERE THE ELEVENTH CIRCUIT ERRED IN AFFIRMING THE DISTRICT COURT'S DENIAL OF VAZQUEZ' MOTION TO DISMISS… |
| 23-7468 |
Joe Ernest Robinson v. Texas |
Texas |
2024-05-14 |
Denied |
IFP |
civil-rights constitutional-law criminal-procedure due-process free-speech judicial-procedure legal-review scotus-petition standing statutory-interpretation |
Question not identified. |
| 23-7471 |
Shauntavus Berklin v. United States |
Eleventh Circuit |
2024-05-14 |
Denied |
Response WaivedIFP |
appeal criminal-appeal criminal-procedure district-court due-process eleventh-circuit evidence federal-sentencing-guidelines gun-accountability sentencing sentencing-factors sentencing-guidelines |
1. WHETHER CERTIORARI REVIEW SHOULD BE GRANTED WHERE THE ELEVENTH CIRCUIT ERRED IN AFFIRMING THE DISTRICT COURT'S DENIAL OF BERKLIN'S OBJECTION TO THE… |
| 23-7472 |
Torrie Chermaine Austin v. Florida |
Florida |
2024-05-14 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition jury-trial sixth-amendment |
Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-7478 |
Dylan Gregory Kerstetter v. United States |
Fifth Circuit |
2024-05-14 |
GVR |
IFP |
armed-career-criminal-act categorical-approach constitutional-indictment criminal-procedure due-process indictment jury-finding jury-trial prior-felony-conviction sentencing-enhancement statutory-interpretation |
1. Petitioner pleaded guilty to an indictment alleging all the elements necessary for conviction under 18 U.S.C. § 922(g)(1) and punishment up to 120 … |
| 23-7480 |
Sanjay Kumar v. United States |
Fourth Circuit |
2024-05-14 |
Denied |
Response WaivedIFP |
cheek-v-united-states criminal-defense criminal-procedure due-process good-faith-belief jury-instructions subjective-intent tax tax-crime willfulness |
WHETHER JURY INSTRUCTIONS BY THE DISTRICT COURT, ON ONE OF THE ESSENTIAL ELEMENTS OF THE TAX CONVICTION, I.E., WILLFULNESS, BE IMPROPER, IF THEY DISRE… |
| 23A1009 |
Luis Chavez v. United States |
Ninth Circuit |
2024-05-14 |
Presumed Complete |
|
constitutional-rights criminal-procedure ninth-circuit petition-for-certiorari supreme-court-rules time-extension |
Question not identified. |
| 23-7458 |
In Re Michael David Hower |
|
2024-05-13 |
Dismissed |
Response WaivedIFP |
acquitted-charge acquitted-conduct criminal-procedure due-process evidentiary-hearing habeas-corpus jury-trial section-2255 sentencing sentencing-enhancement sixth-amendment |
Did the Courts below commit reversible err denying petitioners 2255 motion
without conducting an evidentiary hearing to resolve factual disputes?
Di… |
| 23-7459 |
Alan Troy Houser v. Stephen Buzas, Superintendent, State Correctional Institution at Greene, et al. |
Third Circuit |
2024-05-13 |
Denied |
Response WaivedIFP |
42-usc-1983 accomplice-liability civil-rights conspiracy constitutional-law criminal-liability criminal-procedure due-process failure-to-intervene standing |
Question not identified. |
| 23-7460 |
William Burton v. Brian Emig, Warden, et al. |
Third Circuit |
2024-05-13 |
Denied |
IFP |
criminal-procedure effective-assistance-of-counsel evidentiary-stipulation fourteenth-amendment ineffective-assistance-of-counsel mccoy-v-louisiana plea-rights sixth-amendment strickland-standard |
Was Petitioner's Sixth and Fourteenth Amendment right to effective assistance of counsel violated when his trial attorney stipulated to the prosecutio… |
| 23-7447 |
Azaniah Blankumsee v. Maryland |
Maryland |
2024-05-10 |
Denied |
IFP |
actual-innocence circuit-court civil-rights criminal-procedure discretionary-review due-process habeas-corpus judicial-discretion standing writ-of-error |
Did the lower Court abuse its discretion by denying Petitioner's Petition for writ of actual innocence without looking back at the trial, or assessing… |
| 23-7432 |
Torrieo Monte Johnson, aka Torrieo Corker v. United States |
Eleventh Circuit |
2024-05-09 |
Denied |
Response WaivedIFP |
civil-rights corporate-fraud criminal-law criminal-procedure due-process federal-criminal-jurisdiction federal-jurisdiction jurisdictional-challenge land-use multi-defendant-case ninth-circuit-interpretation state-jurisdiction |
What is the Acceptance and Recordation Date For which the Federal Government Accepted Concurrent Legislative Jurisdiction From the STATE OF Georgia ov… |
| 23-7433 |
Gary Allen Kachina v. United States |
Eighth Circuit |
2024-05-09 |
Denied |
Response WaivedIFP |
appellate-review civil-procedure constitutional-law criminal-procedure due-process federal-rules federal-rules-of-criminal-procedure habeas-corpus new-trial standard-of-review |
Question not identified. |
| 23-7436 |
Eagles Denashu Begay v. United States |
Ninth Circuit |
2024-05-09 |
Denied |
IFP |
28-usc-2255 appeal criminal-procedure direct-appeal due-process evidentiary-hearing habeas-corpus indigent-defendant ineffective-assistance pro-se-claim right-to-counsel |
If an indigent, incarcerated federal defendant, for the first time on direct appeal, raises a colorable claim of ineffective assistance by his distric… |
| 23-7441 |
William F. Kaetz v. United States |
Third Circuit |
2024-05-09 |
Dismissed |
Response WaivedRelisted (2)IFP |
civil-rights criminal-procedure due-process judicial-jurisdiction legislative-history official-duties separation-of-powers standing statutory-interpretation |
This court determined many times throughout history, legislative history is not law, and it is wrong to use legislative history as law and as a means … |
| 23-7445 |
Lloyd Kidd v. United States |
Second Circuit |
2024-05-09 |
Denied |
Response WaivedIFP |
appeal criminal-procedure district-court-discretion due-process electronic-evidence jurisdiction motion-to-suppress sufficiency-of-evidence summary-charts venue venue-challenge |
Was there legally insufficient evidence to establish that venue was proper in the Southern District of New York for each count of conviction?
II. Was… |
| 23-7396 |
Francisco Manuel Padilla v. California |
California |
2024-05-08 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel judicial-discretion legal-standard standing superior-court |
IS IT THE AUTHORITY OF THE SUPERIOR COURT TO HEAR/SEIZE THE CONSTITUTIONAL RIGHTS OF A DEFENDANT?
IS THE FOUNDATION OF THE SUPERIOR COURT LEGITIMATE … |
| 23-7415 |
Carlos Gomez v. United States |
Second Circuit |
2024-05-08 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
criminal-procedure due-process jury-instruction jury-instructions pinkerton-liability predicate-offense rosemond-v-united-states statutory-interpretation united-states-v-davis vicarious-liability |
1. Whether, following this Court's decision in United States v. Davis, 588 U.S. 445 (2019), a jury instruction permitting a finding of guilt on an 18 … |
| 23-7425 |
Orlando Bell v. United States |
District of Columbia |
2024-05-08 |
Denied |
Response WaivedIFP |
compulsory-process conflict-of-interest criminal-procedure due-process effective-assistance-of-counsel ineffective-assistance right-to-counsel sixth-amendment |
1) Was counsel ineffective in not using compulsory process for obtaining witnesses, identified by the United States Park Police and the AUSA in the mo… |
| 23-7394 |
Moses Jackson v. Alabama |
Alabama |
2024-05-07 |
Denied |
Relisted (2)IFP |
civil-rights criminal-procedure due-process free-speech standing takings |
Question not identified. |
| 23-7398 |
Jamaal Parker v. United States |
Sixth Circuit |
2024-05-07 |
Denied |
Response WaivedIFP |
appellate-review circuit-split criminal-procedure judicial-discretion new-trial new-trial-standard preservation-of-error reversible-error sentencing sentencing-explanation |
This Petition implicates two splits in the Circuits.
First, a district judge can grant a new criminal trial "if the interest of justice so requires."… |
| 23-7404 |
William Maxwell v. United States |
Third Circuit |
2024-05-07 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
constitutional-interpretation criminal-procedure due-process firearm-transfer money-laundering obstruction-of-justice rico-conspiracy wire-fraud |
I. The Supreme Court in Ciminelli, Bruen, Rahimi, Cleveland, Kelly, and Fischer, issued (or will issue) post conviction/post Maxwell's Third Circuit P… |
| 23-7406 |
Bobby Rouse v. United States |
Fifth Circuit |
2024-05-07 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-defense criminal-procedure due-process effective-assistance-of-counsel equal-protection ineffective-assistance-of-counsel pro-se pro-se-representation sixth-amendment |
1. Is it a violation of appellant's Sixth Amendment constitutional rights for defense counsel to refuse to investigate the evidence and interview witn… |
| 23-7408 |
Melvin Warren Rivers v. United States |
Ninth Circuit |
2024-05-07 |
Denied |
Response WaivedIFP |
appellate-jurisdiction appellate-procedure criminal-procedure federal-rules-of-appellate-procedure final-order judicial-review motion-denial probation probation-revocation procedural-appeal revocation |
Whether the denial of a motion to terminate probation made during a
probation revocation hearing but prior to the final revocation hearing is a final
… |
| 23-7409 |
Fernando Ramirez v. New York |
New York |
2024-05-07 |
Denied |
Response WaivedIFP |
constitutional-right criminal-procedure demeanor-observation due-process fair-trial impartiality jury-selection right-to-counsel sixth-amendment voir-dire |
Whether the Constitution requires that a defendant have a simultaneous, unobstructed view of a prospective juror's facial expression to observe their … |
| 23-7390 |
In Re Guy Lewis Coulston, Jr. |
|
2024-05-06 |
Denied |
IFP |
criminal-procedure due-process equal-protection exclusionary-rule interrogation-tactics involuntary-confession miranda-rights trespass |
Did Detective trespass on private property and violate" Miranda right And Edward, to make an
"Involuntary Confession " during Interrogation by (Ignori… |
| 23-7387 |
Justin Luis Sanchez v. Florida |
Florida |
2024-05-06 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition sixth-amendment trial-by-jury |
Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-7389 |
Brad Evans v. Florida |
Florida |
2024-05-06 |
Denied |
Response WaivedIFP |
access-to-courts appellate-procedure constitutional-rights criminal-procedure due-process equal-protection first-amendment fourteenth-amendment pro-se-litigant pro-se-litigants |
WHETHER THE STATE OF FLORIDA HAS CREATED RULES OF CRIMINAL AND APPELLATE PROCEDURE THAT ARBITRARILY AND UNREASONABLY ENCROACHES UPON THE PERSONAL RIGH… |
| 23-1193 |
Favion Lara v. Nebraska |
Nebraska |
2024-05-06 |
Denied |
Response Waived |
breach-of-agreement criminal-procedure due-process government-breach plea-agreement police prosecutor prosecutorial-promise sentencing |
Where a plea agreement includes the prosecutor's promise that the State will recommend a particular sentence, does a police officer's recommendation o… |
| 23A983 |
Robert Brumfield, III v. United States |
Fifth Circuit |
2024-05-03 |
Presumed Complete |
|
acquitted-conduct brady-violation criminal-procedure fifth-amendment sentencing-enhancement sixth-amendment |
Question not identified. |
| 23-7354 |
Warren Baker v. United States |
Fourth Circuit |
2024-05-02 |
Denied |
Response WaivedIFP |
18-usc-1951(b) 18-usc-924(c) crime-of-violence criminal-procedure federal-criminal-law hobbs-act predicate-offense sentencing-enhancement statutory-interpretation |
Whether Hobbs Act Robbery in violation of 18 U.S.C. § 1951(b) is a predicate "crime of violence" for purposes of 18 U.S.C. § 924(c). |
| 23-7366 |
Carlos Enrique Navarro-Trevino v. United States |
Fifth Circuit |
2024-05-02 |
Denied |
Response WaivedIFP |
Almendarez-Torres appellate-procedure case-law constitutional-interpretation criminal-procedure due-process judicial-precedent jury-trial recidivism sentencing supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez- Torres v. United States, 523 U.S. 244 (1998)? |
| 23-7367 |
John E. Garrett v. Richard Clouse |
Seventh Circuit |
2024-05-02 |
Denied |
Response WaivedIFP |
bail bail-revocation constitutional-rights criminal-procedure due-process eighth-amendment judicial-proceedings liberty liberty-interest standing |
1. Is notice and a hearing required, prior to depriving one of
his liberty pending trial and does said liberty qualify as a
substantive and/or procedu… |
| 23A975 |
Kwuan Montrell Baker v. United States |
Eleventh Circuit |
2024-05-02 |
Presumed Complete |
|
criminal-procedure evidence-suppression fourth-amendment reasonable-suspicion search-and-seizure traffic-stop |
Question not identified. |
| 23A973 |
Marc Pierre Hall, aka Marc Valeriano v. United States |
Fourth Circuit |
2024-05-01 |
Presumed Complete |
|
appellate-review criminal-procedure federal-rules petition-for-certiorari supreme-court time-extension |
Question not identified. |
| 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 |
Question not identified. |
| 23-7355 |
Demario Barker v. United States |
Seventh Circuit |
2024-05-01 |
Denied |
Response WaivedIFP |
criminal-procedure due-process evidence federal-sentencing-guidelines guideline-calculation hearsay hearsay-statements reliability-standard sentencing sentencing-guidelines |
Whether presumptively unreliable hearsay statements should be permitted in sentencing hearings to substantially increase a Defendant's guideline calcu… |
| 23-7356 |
Jonathan Burnett v. Georgia |
Georgia |
2024-05-01 |
Denied |
Response WaivedIFP |
child-molestation crime-victims criminal-procedure criminal-trial ineffective-assistance ineffective-assistance-of-counsel jury-selection voir-dire |
WHETHER TRIAL COUNSEL'S FAILURE DURING VOIR DIRE IN A CHILD MOLESTATION CASE TO EXPLORE AND INVESTIGATE WHETHER JURORS HAD BEEN CRIME VICTIMS (DIRECTL… |
| 23-7357 |
Jesus Robledo Aguilar v. United States |
Ninth Circuit |
2024-05-01 |
Denied |
Response WaivedIFP |
circuit-split constructive-possession criminal-law criminal-procedure drug-offense drugs firearms safety-valve sentencing sentencing-relief statutory-interpretation |
Does simultaneous constructive possession of drugs and firearms disqualify a defendant for safety valve relief? |
| 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 … |
| 23-7339 |
Philip Shane Young v. Texas |
Texas |
2024-04-30 |
Denied |
IFP |
appeal criminal-procedure deadly-weapon evidence-sufficiency jury-finding jury-instructions standard-of-review sufficiency-of-evidence |
IS THE EVIDENCE SUFFI CIENT TO SUSTAI N THE JURY'S
FINDING THAT A DEADLY W EAPON W AS USED? |
| 23-7341 |
Ronald Leon Thompson v. Colorado |
Colorado |
2024-04-30 |
Denied |
IFP |
appellate-review consent constitutional-error constitutional-interpretation criminal-procedure harmless-error judicial-definition jury-instructions legal-standard trial-court-discretion |
Whether the Court of Appeals erred in finding the trial court's error in failing to define the term consent was constitutional harmless error. |
| 23-7342 |
Marlon Jermaine Johnson v. United States |
Sixth Circuit |
2024-04-30 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-conviction criminal-procedure due-process firearm-possession gun-ownership non-violent-felon second-amendment |
WHETHER PETITIONER'S CONVICTION FOR BEING A
NON-VIOLENT FELON IN POSSESSION OF A FIREARM
VIOLATES THE SECOND AMENDMENT. |
| 23-7343 |
Dalevonte D. Hearn v. Illinois |
Illinois |
2024-04-30 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure double-jeopardy due-process first-degree-murder ineffective-assistance-of-counsel jury-trial mistrial sentencing trial-rights |
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l4oi*f I… |
| 23-7344 |
Richard Arlee Champion v. United States |
Fourth Circuit |
2024-04-30 |
Denied |
Response WaivedIFP |
28-usc-2255 criminal-procedure due-process fifth-amendment habeas-corpus ineffective-assistance-of-counsel motion-to-vacate plea-bargaining pleading-timing pre-indictment-delay statute-of-limitations |
I. WHEN DETERMINGING THE TIMLINESS OF A MOTION TO VACATE PURSUANT TO
28 USC 2255, WHAT PLEADING DETERMINES THE RELEVANT PLEADING WHEN
MAKING THAT DETE… |
| 23-7345 |
James Joseph Bryant v. United States |
Eleventh Circuit |
2024-04-30 |
GVR |
IFP |
armed-career-criminal-act categorical-approach circuit-split criminal-procedure due-process judicial-interpretation jury-trial prior-convictions reasonable-doubt sentencing-enhancement |
1. Whether, for purposes of applying the categorical approach required by
the Armed Career Criminal Act (ACCA), a prior conviction's elements can be
d… |
| 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, through the testimony of decedent's 10-year-old daughter, of hearsay statements allegedly made by the decedent to… |
| 23-7327 |
Zachariah Jay Histed v. United States |
Sixth Circuit |
2024-04-29 |
Denied |
Response WaivedIFP |
acceptance-of-responsibility criminal-law criminal-procedure drug-offense federal-sentencing judicial-discretion plea-bargaining sentencing sentencing-guidelines |
Whether a defendant who plea ds guilty, admits the substantive elements of the
criminal charge, and spares the government the time and expense of a tr… |
| 23-7332 |
Angel De Jesus Castillo-Godoy v. United States |
First Circuit |
2024-04-29 |
Denied |
Response WaivedIFP |
appeal-waiver burden-of-proof criminal-procedure due-process fifth-amendment government-defense jurisdiction opening-brief reply-brief sixth-amendment |
Whether a criminal defendant must raise the issue of an appeal waiver in his opening brief or whether it falls upon the government to raise the waiver… |
| 23-7311 |
Holly Harvey v. Allen Dillis, Warden |
Georgia |
2024-04-26 |
Denied |
IFP |
4th-amendment civil-rights court-filing criminal-procedure due-process employment-history financial-disclosure in-forma-pauperis income-sources poverty-affidavit search-and-seizure standing |
Question not identified. |
| 23-7312 |
James Bennett v. United States |
Eighth Circuit |
2024-04-26 |
Denied |
Response WaivedIFP |
acquitted-conduct criminal-procedure due-process fifth-amendment sentencing sixth-amendment |
Whether consideration of acquitted conduct by the District Court in consideration of Bennett's ultimate sentence violates the Due Process Clause of th… |
| 23-7317 |
Michael A. Maggio v. United States |
Eighth Circuit |
2024-04-26 |
Denied |
Response WaivedIFP |
criminal-law criminal-procedure due-process federal-statute nunc-pro-tunc plea-bargaining plea-modification post-conviction-relief property-rights statutory-interpretation statutory-limitation supreme-court-ruling |
Should Michael A. Maggio benefit from subsequent rulings of the United States Supreme Court that 18 U.S.C § 666(a)(1)(B) was limited to property right… |
| 23-7319 |
Yudith Reynoso-Hiciano v. United States |
Second Circuit |
2024-04-26 |
Denied |
Response WaivedIFP |
aiding-and-abetting burden-of-proof closing-argument criminal-procedure jury-instructions presumption-of-innocence reasonable-doubt |
Whether repeatedly arguing in closing that the defendant 'needed the jury to believe' certain things impermissibly shifted the burden of proof and evi… |
| 23A963 |
Jovan Marquis Harris v. United States |
Eighth Circuit |
2024-04-26 |
Presumed Complete |
|
bureau-of-prisons criminal-procedure eighth-circuit federal-inmate petition-for-certiorari pro-se |
Question not identified. |
| 23-7306 |
Ronnie Y. Conrad v. Rob St. Andre, Warden |
Ninth Circuit |
2024-04-25 |
Denied |
IFP |
6th-amendment conflict-of-interest criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel presumption-of-prejudice prosecutorial-misconduct retroactivity sixth-amendment |
Whether the presumption of prejudice applies to conflict-of-counsel claims when the defense attorney is being prosecuted by the same agency prosecutin… |
| 23-7307 |
Silvano Marroquin-Bravo v. United States |
Fifth Circuit |
2024-04-25 |
Denied |
Response WaivedIFP |
case-review criminal-procedure due-process fifth-circuit judicial-precedent jury-trial legal-challenge sentencing stare-decisis statutory-interpretation supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-7297 |
Marcus Bennett v. United States |
Sixth Circuit |
2024-04-24 |
Denied |
Response WaivedIFP |
appellate-review control controlled-substances criminal-procedure drug-house drug-house-enhancement federal-appellate-courts possessory-interest sentencing-enhancement sentencing-guidelines sixth-circuit |
Whether the drug-house sentencing enhancement applies with no evidence that the defendant maintained, held a possessory interest in, or otherwise cont… |
| 23-7298 |
Jonathan Wayne Daniels v. United States |
Eleventh Circuit |
2024-04-24 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-trial due-process eyewitness-identification hobbs-act-robbery jury-instruction jury-instructions suggestive-identification suggestive-procedure third-circuit |
Whether petitioner's jury was adequately "warn[ed] to take care in appraising identification evidence," in accordance with due process, where his jury… |
| 23-7300 |
Juan Francisco Turcios v. Texas |
Texas |
2024-04-24 |
Denied |
Relisted (2)IFP |
appeals constitutional-rights criminal-procedure due-process ineffective-assistance judicial-discretion plea-bargain sentencing |
(1). In accordance with Judicial Discretion ,once the trial Judge accepted and approved the plea bargain agreement for the maximum of the trial court … |
| 23-1155 |
Priscilla Villarreal v. Isidro R. Alaniz, et al. |
Fifth Circuit |
2024-04-24 |
GVR |
Amici (13)Response RequestedResponse WaivedRelisted (2) |
arrest-without-cause civil-rights criminal-procedure first-amendment free-speech government-officials news-reporting public-officials qualified-immunity |
1. Whether it obviously violates the First Amendment to arrest someone for asking government officials questions and publishing the information they v… |
| 23-1146 |
Jade Joseph Nickels v. Drew Evans, Superintendent, Bureau of Criminal Apprehension |
Minnesota |
2024-04-23 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
civil-rights constitutional-rights criminal-penalty criminal-procedure due-process due-process-clause liberty-interest personal-information-disclosure sex-offender-registration stigma |
Whether a registration scheme that requires a person to provide detailed information about every aspect of his life, where failing to provide the info… |
| 23-7286 |
Francis Arthur v. United States |
Fourth Circuit |
2024-04-23 |
Denied |
Response WaivedIFP |
brady-v-maryland brady-violation criminal-procedure deportation due-process exculpatory-evidence fourth-circuit material-witness motion-to-dismiss witness-deportation |
1. Whether the Fourth Circuit erred in affirming the
district court's denial of Arthur's motion to dismiss the
indictment because the Government depor… |
| 23-7294 |
Robert Cota, Jr. v. United States |
Ninth Circuit |
2024-04-23 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure due-process evidentiary-hearing fifth-amendment habeas-corpus shackles shackling |
Did the Ninth Circuit violate the constitutional guarantee of Due Process and 28 U.S.C. §2255(b) when denying Appellant an evidentiary hearing, despit… |
| 23-7295 |
Glen Taylor Helzer v. California |
California |
2024-04-23 |
Denied |
IFP |
criminal-procedure evidence exigent-circumstances fourth-amendment plain-view-doctrine probable-cause search-and-seizure warrant-requirement warrant-scope |
Does the plain view doctrine apply where police enter and seize a home under a warrant to search for evidence of specified crimes, and forego getting … |
| 23-7296 |
George E. Lacey v. Illinois |
Illinois |
2024-04-23 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fair-trial ineffective-assistance joinder right-to-counsel status-charges |
1. Whether, and to what extent, the joinder of status charges with non-status charges in a single trial denies criminal defendants the right to a fair… |
| 23-7283 |
Hector Manuel Gomez Rodriguez v. United States |
Ninth Circuit |
2024-04-22 |
Denied |
Response WaivedRelisted (2)IFP |
21-usc-841 constitutional-scrutiny criminal-procedure cruel-and-unusual-punishment eighth-amendment mandatory-minimum mandatory-minimum-sentences non-capital-sentences proportionality-review sentencing |
Did the Ninth Circuit contravene Harmelin's plurality and Ewing by essentially exempting all sentences that a district court imposes under 21 U.S.C. §… |
| 23-7260 |
Mark R. Zana v. Nevada |
Nevada |
2024-04-19 |
Denied |
Response WaivedIFP |
collateral-review constitutional-rights criminal-procedure double-jeopardy due-process fourteenth-amendment habeas-corpus ninth-circuit post-conviction retroactivity statutory-interpretation |
1. Whether Petitioner's conviction and continued incarceration under Nevada Revised Statute 209.730 are facially unconstitutional under the Due Proces… |
| 23-7262 |
Eric D. Sweet v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2024-04-19 |
Denied |
Relisted (2)IFP |
appeal conviction-review criminal-appeal criminal-procedure due-process florida-supreme-court fundamental-error ineffective-assistance-of-counsel legal-timeliness post-conviction-relief standard-of-review statutory-time-limit |
One
B/t'dencs (^4-eoj-^d in Court froee&dhq
Wa$n '~f Gb/idr'eJe de C&nvt c.-f^fv3«
%& FlonJa tosfndt douff d Afye4* cjeCism
resul-fzj m a decjsfo* da… |
| 23-7265 |
Nicholas Stewart Hines v. South Dakota |
South Dakota |
2024-04-19 |
Denied |
Response WaivedIFP |
criminal-procedure double-jeopardy due-process fourteenth-amendment plea-agreement plea-bargaining sentencing sentencing-considerations sixth-amendment |
1.) WHETHER THE SIXTH AND FOURTEENTH AMENDMENTS PERMIT
GREATER INCLUDED OFFENSES AND CONDUCT THAT HAS BEEN
ACQUITTED BY A JURY, OR DISMISSED PURSUANT … |
| 23-7266 |
Nathaniel O. Robinson v. Louisiana |
Louisiana |
2024-04-19 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure direct-review fourteenth-amendment griffin-v-kentucky jury-unanimity ramos-v-louisiana sixth-amendment state-proceedings |
it4 V- VOMisiAHfv / THIS Covet \i$u> that The 6|/th Amendment to the
Vt^TEp STATED C^H6rVrroT\cn , 6/TENDEP To THE STATED £>y wAy OpTUe FoOpTeENTH
A… |
| 23-7268 |
Pikerson Mentor v. United States |
Eleventh Circuit |
2024-04-19 |
Denied |
Response WaivedIFP |
certificate-of-appealability circuit-split constitutional-claim criminal-procedure due-process johnson-v-united-states procedural-default statutory-interpretation vagueness vagueness-challenge |
I. Whether Mr. Mentor established cause sufficient to overcome the procedural
default of his "ordinary-case" vagueness challenge to his convictions un… |
| 23-7269 |
Willis Maxi v. United States |
Eleventh Circuit |
2024-04-19 |
Denied |
Response WaivedIFP |
4th-amendment criminal-procedure exclusionary-rule probable-cause qualified-immunity search-and-seizure |
Question not identified. |
| 23-7270 |
Mark Johnson v. New York |
New York |
2024-04-19 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure due-process free-speech habeas-corpus legal-representation sexual-assault standing victim-rights |
Question not identified. |
| 23-7272 |
Matthew Michael Albritton v. Florida |
Florida |
2024-04-19 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition jury-trial sixth-amendment |
Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23A941 |
Rafael Cardona, Sr. v. United States |
First Circuit |
2024-04-19 |
Presumed Complete |
|
circuit-split criminal-procedure forfeiture plain-error rule-12b8 waiver |
Question not identified. |
| 23-7250 |
Rian Waters v. Aidan Kearney |
Massachusetts |
2024-04-18 |
Denied |
IFP |
civil-rights constitutional-rights criminal-complaint criminal-procedure due-process judicial-discretion obstruction-of-justice standing state-prosecution witness-intimidation |
Whether a private plaintiff has standing to appeal a District Courts '
unintelligible refusal to issue a criminal complaint, when the crimes are obstr… |
| 23-7251 |
In Re Raynada Jones |
|
2024-04-18 |
Denied |
IFP |
constitutional-law constitutional-rights criminal-procedure due-process felony-murder jurisdiction magistrate probable-cause subject-matter-jurisdiction |
WHETHER PETITIONER IS IN CUSTODY IN VIOLATION OF THE CONSTITUTION OR LAWS OR TREATIES OF THE UNITED STATES WHERE, THE INGHAM COUNTY CIRCUIT COURT WAS … |
| 23-7256 |
John Pedelahore v. United States |
Fifth Circuit |
2024-04-18 |
Denied |
Response WaivedIFP |
criminal-procedure district-court-discretion due-process eighth-amendment federal-sentencing sentencing sentencing-guidelines substantive-reasonableness supervised-release |
Whether the district court erred by ordering Mr. Pedelahore to serve 30 months in prison for nonviolent supervised release violations when the recomme… |
| 23-7257 |
Gavin G. Brown v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2024-04-18 |
Denied |
IFP |
criminal-procedure ineffective-assistance ineffective-assistance-of-counsel judicial-notice premeditated-murder self-defense use-of-force witness-testimony |
A) Whether the jury used unreasonable facts to prove a premeditated design. Where there was sufficient [provocation] to find Petitioner not guilty.
B… |
| 23-1131 |
Marcus Traylor v. Gideon Yorka |
Fifth Circuit |
2024-04-18 |
Denied |
Response Waived |
circuit-split civil-rights criminal-procedure due-process evidence-fabrication fabrication-of-evidence felony fourteenth-amendment misdemeanor qualified-immunity |
Respondent is a police officer who fabricated evidence used to bring misdemeanor criminal charges against Petitioner, which were subsequently dismisse… |
| 23-7240 |
In Re Patrick Christian |
|
2024-04-17 |
Dismissed |
Response WaivedIFP |
asylum-law civil-rights constitutional-law constitutional-rights criminal-law criminal-procedure discrimination due-process equal-protection hate-crimes statutory-interpretation systemic-racism |
1. When did raping, kidnapping, and murdering an American Voters family for being a Heterosexual become Law, and how can Constitutional Officers sanct… |
| 23-7242 |
Juan Avendano v. Illinois |
Illinois |
2024-04-17 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-indictment criminal-procedure double-jeopardy due-process fifth-amendment jury-instructions jury-verdict statutory-interpretation statutory-offense |
Whether a defendant's rights under the Double Jeopardy Clause of the Fifth Amendment are violated when the prosecution brings multiple, factually iden… |
| 23-7243 |
Nathaniel Blayn Becker v. United States |
Fourth Circuit |
2024-04-17 |
Denied |
Response WaivedIFP |
criminal-procedure due-process explosive-devices mental-illness obstruction-of-justice psychotic-disorder right-to-testify sentencing-enhancement trial-testimony |
1. Whether the obstruction of justice enhancement for "false" trial testimony by the defendant violates the right to testify when the court did not ma… |
| 23-7244 |
Clarence F. Stephenson v. Florida |
Florida |
2024-04-17 |
Denied |
Response WaivedIFP |
constitutional-law constitutional-rights criminal-procedure criminal-trial fourteenth-amendment jury-composition jury-trial life-felony sixth-amendment |
I. Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a twelve-person jury when the defendant is charged with a life felony… |
| 23-7245 |
Dustin Jay Harpel v. Florida |
Florida |
2024-04-17 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition jury-trial sixth-amendment |
Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-7246 |
Harold Stewart v. Florida |
Florida |
2024-04-17 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process felony felony-charge fourteenth-amendment jury-trial sixth-amendment |
Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-7248 |
Hector Negron-Espada v. Florida |
Florida |
2024-04-17 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process felony felony-charges fourteenth-amendment jury-trial sixth-amendment |
Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-7239 |
Bertrand Laidler, Jr. v. Florida |
Florida |
2024-04-16 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process felony felony-charges fourteenth-amendment jury-trial sixth-amendment trial-by-jury |
Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23A921 |
Carmen Difilippantonio v. Arizona |
Arizona |
2024-04-16 |
Presumed Complete |
|
criminal-procedure due-process federal-habeas ineffective-assistance post-conviction state-court-review |
Question not identified. |
| 23A919 |
Jurgen Marku v. Florida |
Florida |
2024-04-15 |
Presumed Complete |
|
appellate-review conviction-challenge criminal-procedure due-process florida-state-court writ-of-certiorari |
Whether the trial court erred by allowing the jury to be informed that a codefendant entered a guilty plea to murder and robbery charges. |
| 23-7223 |
Daquan Doral Carter v. United States |
Fourth Circuit |
2024-04-15 |
Denied |
Response WaivedIFP |
appeal-waiver arraignment criminal-procedure district-court due-process merits-review plea-agreement plea-bargaining rule-11 sentencing |
Can the Government invoke an appeal waiver to preclude merits review of an appeal when the district court failed to specifically question the defendan… |
| 23-7226 |
Michael Lee Villamonte v. United States |
Ninth Circuit |
2024-04-15 |
Denied |
Response WaivedRelisted (2)IFP |
appellate-waiver circuit-split criminal-procedure due-process federal-courts miscarriage-of-justice plea-agreement plea-bargaining |
Did the Ninth Circuit's disposition of Petitioner's request to
recognize a miscarriage of justice exception to the appellate waiver doctrine
conflict … |
| 23-1114 |
Charles R. Hays v. United States |
Seventh Circuit |
2024-04-15 |
Denied |
Response Waived |
automobile-exception contraband criminal-procedure fourth-amendment law-enforcement passenger probable-cause search search-and-seizure |
Whether law enforcement has probable cause
under the Fourth Amendment's automobile exception
to search a driver's vehicle based on a passenger's
perso… |
| 23-1110 |
Gerald S. Ostipow, Individually and as Personal Representative of the Estate of Royetta L. Ostipow v. William L. Federspiel |
Sixth Circuit |
2024-04-12 |
Denied |
|
civil-procedure civil-rights criminal-investigation criminal-procedure due-process fifth-amendment just-compensation property-rights property-seizure taking takings |
Does the non-return and indefinite retention of non-forfeited private property (or its monetary equivalent), when initially seized for a criminal inve… |
| 23-7200 |
Willie Johnson v. Kenneth Nelson, Warden |
Fourth Circuit |
2024-04-11 |
Denied |
Response WaivedIFP |
appeals civil-rights constitutional-provision criminal-procedure due-process equal-protection jurisdiction legal-review petition sentencing statutory-provision writ |
vfyj/t. T^/fZf%/ /pk £o 5'tj/r/ly £/£/j J&t
Q)j<Lzs Jo -SW/ <L<i/e6si9 VzfwJtf&eJ oJ
<>J& HV9//A j^3- Z&/tV/cJ/0rt S.e.AsJrCC'lOZ' |
| 23-7204 |
Sean L. Hagins v. United States |
Third Circuit |
2024-04-11 |
Denied |
Response WaivedIFP |
constitutional-violation court-discretion criminal-procedure defense-counsel-ineffectiveness habeas-corpus illegal-sentence ineffective-assistance-of-counsel plain-error plain-error-review pro-se pro-se-litigation sentencing |
Did the lower court have the obligation to correct an
illegal sentence, brought to its attention, regardless
of the passage of time?
Did the lower … |
| 23-7207 |
Dwayne K. Taylor v. Illinois |
Illinois |
2024-04-11 |
Denied |
Response WaivedIFP |
constitutional-defect criminal-conviction criminal-procedure double-jeopardy due-process habeas-corpus jury-instructions necessity self-defense sentencing sentencing-enhancement |
0. 4he \ri &{ Cowri CammiM&c/
ernoTT clet^jfirg 4^ie. doferrs^. reaue*& -fe
'OSinW^(
ne^ass^^ even Ahe^ um% Som©
iq <Jrta4 'C&cmxl
rg £>U4^Yve:wl, ^ir… |
| 23-7176 |
Albert Enrique Narvaez v. Florida |
Florida |
2024-04-10 |
Denied |
Response WaivedIFP |
constitutional-burden counterfactual-analysis criminal-procedure ineffective-assistance ineffective-assistance-of-counsel judicial-discretion judicial-review plea-bargaining presumption-of-acceptability prosecutorial-discretion |
Does Missouri v. Frye, 566 U.S. 134 (2012), place an unreasonable burden upon defendants by requiring them to produce evidence to prove the counterfac… |
| 23A907 |
Wilfred H. v. Josh Ward, Interim Superintendent, Mount Olive Correctional Complex |
West Virginia |
2024-04-10 |
Presumed Complete |
|
carbon-copy-indictment constitutional-protections criminal-procedure double-jeopardy due-process sixth-amendment |
Question not identified. |
| 23A909 |
Bruce Rowan v. Brian Emig, Warden, James T. Vaughn Correctional Center, et al. |
Third Circuit |
2024-04-10 |
Presumed Complete |
|
bail-conditions criminal-intent criminal-procedure intentional-violation no-contact-order statutory-interpretation |
Question not identified. |
| 23-1100 |
Albert Jones v. California |
California |
2024-04-10 |
Denied |
Response Waived |
5th-amendment civil-rights criminal-procedure defendant-rights doyle-v-ohio due-process miranda-warning post-miranda right-to-silence selective-invocation |
Do the protections of Doyle v. Ohio, 426 U.S. 610 (1976)—which prohibit a prosecutor on commenting on a defendant's post-Miranda warning invocation of… |
| 23-1096 |
William Allen Davis v. Colorado |
Colorado |
2024-04-09 |
Denied |
Amici (1)Response RequestedResponse WaivedRelisted (3) |
affluent-defendants appointed-counsel constitutional-rights continuity-of-representation criminal-procedure indigent-defendant indigent-defendants lower-court-split right-to-counsel sixth-amendment |
Whether, once counsel has been appointed for an indigent defendant, the Sixth Amendment guarantees the defendant the same right to continued represent… |
| 23-7174 |
Richard Lee David Brown v. United States |
Eighth Circuit |
2024-04-09 |
Denied |
IFP |
appellate-review constitutional-challenge criminal-procedure defense-instruction drug-convictions due-process evidence jury-instructions plain-error prior-convictions propensity-evidence |
1. Whether the admission of two prior drug convictions for the purpose of arguing in closing that "[t]he defendant possessed that crack cocaine, and h… |
| 23-7175 |
Philip Ayala v. Nelson Alves, Superintendent, Massachusetts Correctional Institution at Norfolk |
First Circuit |
2024-04-09 |
Denied |
Response WaivedIFP |
capital-case criminal-procedure due-process eyewitness-testimony habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mental-health-records |
When a capital case entirely depends on the testimony of one eyewitness, where there was no physical or forensic evidence to connect the Petitioner to… |
| 23-7180 |
Gary Wayne Warner v. Texas |
Texas |
2024-04-09 |
Denied |
IFP |
actual-innocence criminal-procedure habeas-corpus ineffective-assistance ineffective-assistance-of-counsel miscarriage-of-justice newly-discovered-evidence plea-bargaining plea-package state-law-ground |
WHETHER TEXAS COURT OF CRIMINAL APPEAL'S IS APPLYING SEC. 4
[TCCP ART.11.07] —AS ADEQUATE & INDEPENDENT STATE LAW GROUND IN
LIGHT OF THIS COURT HOLD… |
| 23-7182 |
Jonathan Wray v. United States |
Fourth Circuit |
2024-04-09 |
Denied |
Response WaivedIFP |
apprendi apprendi-rule civil-rights criminal-procedure due-process jury-determination predicate-act rico rico-conspiracy sentencing sentencing-enhancement |
Does this Court's decision in Apprendi v. New Jersey, 530 U.S. 466 (2000), require that the Government prove beyond a reasonable doubt to a jury that … |
| 23-7184 |
Daniel Paul Sansone v. United States |
First Circuit |
2024-04-09 |
Denied |
Response WaivedIFP |
confinement confinement-period criminal-procedure criminal-sentencing detention-calculation juvenile-commitment legal-interpretation sentencing-guidelines statutory-interpretation u.s.-sentencing-guidelines |
Whether an indeterminate juvenile commitment is properly counted as a period of confinement of at least sixty days under the U.S. Sentencing Guideline… |
| 23-7156 |
Robert Shields v. United States |
Sixth Circuit |
2024-04-08 |
Denied |
Response WaivedIFP |
chain-of-custody chemical-identity constitutional-rights criminal-law criminal-procedure drug-distribution due-process evidence evidence-standard |
(1) Does the Constitutional right to due process of law require some evidence that a drug that resulted in death was chemically identical to the drug … |
| 23-7162 |
James Hodge v. Florida |
Florida |
2024-04-08 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition jury-trial sixth-amendment |
Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-7165 |
Emiliano Emmanuel Flores-González v. United States |
First Circuit |
2024-04-08 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
article-iii article-iii-jurisdiction circuit-court-procedure criminal-procedure due-process en-banc en-banc-procedure judicial-review sentencing sentencing-review statutory-interpretation |
1. Did the court's fealty to ministerial en banc procedures justify abdication of its constitutional and statutory obligations to adjudicate an as-of-… |
| 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… |
| 23-7142 |
Elizabeth A. Ramsey v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2024-04-05 |
Denied |
IFP |
civil-rights constitutional-violation criminal-procedure due-process fair-trial judicial-review legal-rights presumption-of-innocence standing |
Question not identified. |
| 23-7146 |
Antonio Ochoa-Leyva v. United States |
Fifth Circuit |
2024-04-05 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum |
Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 23-7147 |
Margarito Cruz-Ramirez v. United States |
Fifth Circuit |
2024-04-05 |
Denied |
Response WaivedIFP |
Almendarez-Torres-v-United-States Apprendi-v-New-Jersey case-review criminal-law criminal-procedure due-process fifth-circuit judicial-precedent jury-trial sentencing supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 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 |
1. Whether the Confrontation Clause of the Sixth Amendment permits
the prosecution in a criminal trial to present testimony by a substitute forensic
e… |
| 23-7152 |
Sean Burton v. Pennsylvania |
Pennsylvania |
2024-04-05 |
Denied |
IFP |
brady-rule constitutional-rights criminal-procedure due-process evidence exculpatory-evidence government-misconduct post-conviction-relief right-to-a-fair-trial |
WHETHER THE COMMONWEALTH OF PENNSYLVANIA VIOLATED THE BRADY RULE.
WHETHER PETITIONER'S STATE AND FEDERAL CONSTITUTIONAL RIGHTS WERE VIOLATED WHICH PR… |
| 23-7136 |
Michael Dewayne Smith v. Oklahoma |
Oklahoma |
2024-04-04 |
Denied |
IFP |
confession confession-corroboration constitutional-rights criminal-procedure due-process exculpatory-evidence fair-trial false-testimony murder-conviction perjured-testimony |
Whether Mr. Smith's first degree murder convictions and sentence of death are unreliable and in violation of his constitutional rights to due process … |
| 23-7143 |
Armando Ordonez-Dominguez v. United States |
Fifth Circuit |
2024-04-04 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum |
Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 23-7120 |
Chaviz Wofford v. Illinois |
Illinois |
2024-04-02 |
Denied |
IFP |
case-statement constitutional-provisions criminal-procedure due-process ineffective-assistance-of-counsel jurisdiction opinions plea-bargaining prosecutorial-misconduct sentencing statutory-provisions writ-of-certiorari |
Question not identified. |
| 23-7124 |
Naftali Dominguez Zenon v. Florida |
Florida |
2024-04-02 |
Denied |
Response WaivedIFP |
constitutional-law constitutional-rights criminal-procedure eighth-amendment fourteenth-amendment jury-composition jury-trial life-felony life-without-parole sixth-amendment |
I. Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a twelve-person jury when the defendant is charged with a life felony… |
| 23-7126 |
Alberto Perez v. United States |
Ninth Circuit |
2024-04-02 |
Denied |
Response WaivedIFP |
arbitrary-sentences criminal-procedure criminal-sentencing drug-offenses due-process judicial-discretion methamphetamine methamphetamine-distribution sentencing-guidelines sentencing-standards |
Does the district court's blind reliance upon United States Sentencing Guideline § 2D1.1(c)(1)'s draconian base offense level of 38 for distribution o… |
| 23A880 |
Dylan Gregory Kerstetter v. United States |
Fifth Circuit |
2024-04-02 |
Presumed Complete |
|
certiorari criminal-procedure deadline-extension fifth-circuit jurisdictional-requirements supreme-court-rules |
Question not identified. |
| 23-7115 |
Timothy D. Hinkle v. Kentucky |
Kentucky |
2024-04-01 |
Denied |
Response WaivedIFP |
criminal-procedure due-process hearsay hearsay-rule jury-instructions prosecutorial-misconduct sexual-assault witness-credibility |
Petitioner was found guilty of rape first-degree, tampering with a witness and assault fourth-degree during trial. The facts of the case, however, log… |
| 23-7116 |
Ricky L. Reese v. Oklahoma |
Oklahoma |
2024-04-01 |
Denied |
IFP |
competency constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance judicial-review sentencing-error statute-of-limitations |
Does a person is convict of a crime lose his right to public relief from the court if he didn't receive a copy of his sentence becoming final to the c… |
| 23-7105 |
Katherine Barrett v. Kentucky |
Kentucky |
2024-03-29 |
Denied |
Response WaivedIFP |
closing-arguments criminal-procedure due-process home-incarceration jail-credit jury-instructions presumption-of-innocence prosecutorial-misconduct |
I. THE PROSECUTOR ENGAGED IN FLAGARANT MISCONDUCT
WHEN HE TOLD THE JURY IN CLOSING "THAT THE
PRESUMPTION OF INNOCENCE. . .IS GONE "
II. DID TRIAL C… |
| 23-7107 |
Brock Melancon v. United States |
Fifth Circuit |
2024-03-29 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure criminal-sentencing deference judicial-deference kisor-v-wilkie sentencing-guidelines statutory-interpretation u.s.-sentencing-commission |
(1) Does this Court's decision in Kisor v. Wilkie, 139 S. Ct. 2400 (2019), govern the extent to which district courts may defer to the U.S. Sentencing… |
| 23-7109 |
Edgar Garcia-Heredia v. United States |
Fifth Circuit |
2024-03-29 |
Denied |
Response WaivedIFP |
Almendarez-Torres constitutional-interpretation criminal-law criminal-procedure due-process fifth-circuit judicial-procedure jury-trial precedent-overruling recidivism sentencing supreme-court-review |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-7093 |
Jeremy J. Quinn, Jr. v. Ohio |
Ohio |
2024-03-28 |
Denied |
Response WaivedRelisted (2)IFP |
constitutional-law constitutional-rights criminal-procedure cruel-and-unusual-punishment due-process eighth-amendment sentencing sentencing-statute state-courts |
When a state court carelessly or negligently enters a cause claim, to enhance a criminal sentence, does it violate a person's due process rights and c… |
| 23-7097 |
Travis C. Crosby v. United States |
Eleventh Circuit |
2024-03-28 |
Denied |
Response WaivedIFP |
conspiracy criminal-evidence criminal-procedure due-process eleventh-circuit evidence fraud fraud-charges ppp-loans relevant-conduct rule-404b sentencing |
(1) Whether the Eleventh Circuit erred in finding that the district court did not abuse its discretion by admitting Rule 404 (b) evidence of fraudulen… |
| 23-7087 |
Natasha Bates, aka Tasha Bates v. Tennessee |
Tennessee |
2024-03-27 |
Denied |
IFP |
4th-amendment 6th-amendment criminal-procedure evidence fourth-amendment ineffective-assistance ineffective-assistance-of-counsel probable-cause search-warrant sixth-amendment |
1. Did the trial court commit reversible error by failing to grant Petitioner's post conviction relief because of the introduction of evidence at her … |
| 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 in Pro Per venue
Whether the Constitution Permits the retrial of… |
| 23-7075 |
Breon D. Hicks v. United States |
Eleventh Circuit |
2024-03-26 |
Denied |
Response WaivedIFP |
controlled-substance controlled-substances criminal-procedure criminal-statute due-process firearm-possession firearms jury-instruction jury-instructions section-924(c) section-924c unlawful-user |
I. WHETHER THE DISTRICT COURT ERRONEOUSLY INSTRUCTED THE JURY CONCERNING THE SECTION 924(c) CHARGES?
II. WHETHER THE GOVERNMENT ESTABLISHED A KNOWING… |
| 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 |
I. IS IT A VIOLATION OF THE CONFRONTATION CLAUSE WHEN EXERCISING OUT'S RIGHT TO TRIAL, THAT AN OUT-OF-COURT STATEMENT CONNECTING THE DEFENDANT DIRECTL… |
| 23-1055 |
Jeremy Alan Douglass v. Arizona |
Arizona |
2024-03-26 |
Denied |
Response Waived |
criminal-procedure ineffective-assistance ineffective-assistance-of-counsel newly-discovered-evidence post-conviction-relief right-to-counsel sixth-amendment substance-abuse |
Whether evidence of a defense attorney's impairment due to substance abuse discovered after the first petition for post-conviction relief was decided … |
| 23-7067 |
In Re Timothy Stratton |
|
2024-03-25 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure double-jeopardy due-process habeas-corpus judicial-procedure legal-documents plea-bargaining post-conviction-review sentencing |
1. CAN A MAN BE CHARGED TO FIND GUILTY WHERE ALL OF THE NECESSARY ELEMENTS OF A CRIME ARE NOT INVOLVED IN THE JURY'S CHARGE?
2. IS THERE ANY POSSIBLE… |
| 23-7068 |
Jabari J. Johnson v. Jill Brady, et al. |
Tenth Circuit |
2024-03-25 |
Dismissed |
IFP |
civil-rights constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel judicial-review legal-counsel post-conviction right-to-counsel standing |
Question not identified. |
| 23-7069 |
Jesse R. Redmond, Jr. v. District of Columbia |
District of Columbia |
2024-03-25 |
Denied |
IFP |
4th-amendment constitutional-rights court-of-appeals criminal-procedure due-process fourth-amendment jurisdiction precedent rule-4 rule-4a |
1. Whether the District of Columbia Court of Appeals fails to apply the lawful—the precedent by the Supreme Court to comply to Rule 4(a)(B)?
2. Wheth… |
| 23-7044 |
Melanie A. Ogle v. Hocking County Common Pleas Court, et al. |
Ohio |
2024-03-22 |
Denied |
Response WaivedIFP |
constitutional-authority criminal-procedure criminal-sentencing due-process personal-jurisdiction right-to-counsel sixth-amendment subject-matter-jurisdiction void-conviction |
QUESTION 1. In absence of counsel and a waiver of right to counsel during
a sentencing hearing, does a state trial court possess "constitutional
autho… |
| 23-7055 |
Jacob Lyon v. United States |
Fifth Circuit |
2024-03-22 |
Denied |
Response WaivedIFP |
18-usc-922g constitutional-challenge criminal-procedure second-amendment sentencing sentencing-enhancement statutory-interpretation united-states-v-rahimi waiver |
1. Whether an objection to a sentencing enhancement, urged with a specific argument supporting the non-application of that enhancement, waives all oth… |
| 23-7057 |
Sammy Tinnin v. Indiana |
Indiana |
2024-03-22 |
Dismissed |
Response WaivedIFP |
criminal-procedure due-process evidence fair-trial fourteenth-amendment sixth-amendment |
cl /erclcVV SoyporV^ by gd/w,/~/eg/ <?/
'Jttcv\de,iA^ q(~ /[, *S %i]ci'h n/to-iZ' oi
1 r'l^U- *to Cy £<J>r~ Vr\cA ^"K jL U'2>. (okv5 it Vo L'0 |
| 23-7058 |
James E. Palmer v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2024-03-22 |
Denied |
Response WaivedIFP |
aedpa civil-rights constitutional-rights criminal-procedure due-process equitable-tolling evidence-standard habeas-corpus ineffective-assistance state-remedies |
Whether it only ta deaial ef any stales lerisonex's constitutional cight to the weit of veo fheS £2 PNS te aot...peceait equitable, telling fe — wh th… |
| 23-7060 |
Marcus D. Ford v. David Buss, Warden |
Tenth Circuit |
2024-03-22 |
Denied |
IFP |
congressional-authority criminal-jurisdiction criminal-law criminal-procedure indian-civil-rights-act indian-territory oklahoma organic-act state-law tribal-sovereignty |
Did Congress pass the Organic act for Oklahoma on May 31, 1890 (25 U.S.C. § 30-31; 26 Stat. 81, 83-84, 87) to establish State laws, or did Congress pa… |
| 23-7063 |
Ryan P. Givey v. Department of Justice, et al. |
Third Circuit |
2024-03-22 |
Denied |
Response WaivedRelisted (2)IFP |
civil-rights constitutional-rights criminal-complaint criminal-procedure due-process first-amendment government-accountability petition-clause standing |
Can the Department of Justice refuse to take a criminal Complaint of federal crimes from Givey? |
| 23-1050 |
Luis Sanchez, et al. v. United States |
Eleventh Circuit |
2024-03-22 |
Denied |
Amici (4)Response RequestedResponse WaivedRelisted (2) |
amendment circuit-split civil-forfeiture criminal-procedure due-process forfeiture pleading pleading-deficiency statutory-interpretation |
When a person is convicted of a drug crime, 21 U.S.C. § 853 calls for bifurcated proceedings to ascertain what property may be forfeited as a result o… |
| 23-1044 |
Juan Balderas v. Texas |
Texas |
2024-03-21 |
Denied |
|
abuse-of-writ brady-violation competency-to-stand-trial constitutional-rights criminal-procedure due-process exculpatory-evidence habeas-corpus ineffective-assistance judicial-review |
Whether, in light of these circumstances, the Texas Court of Criminal Appeal s' summary determination that Juan Balderas's subsequent petition failed … |
| 23-7046 |
Pamela Kathryn Conley v. United States |
Tenth Circuit |
2024-03-21 |
Denied |
Response WaivedIFP |
aggravated-identity-theft bank-fraud circuit-court concurring-opinion criminal-law criminal-procedure loan-documentation signature-forgery statutory-interpretation |
Whether a defendant's forging of a signature of a bank employee on a lien release, used as supporting documentation for a bank loan in the defendant's… |
| 23-7047 |
Renaire Roshique Lewis, Jr. v. United States |
Fourth Circuit |
2024-03-21 |
Denied |
Response WaivedIFP |
coconspirator-hearsay counsel criminal-procedure due-process evidence federal-rules-of-evidence fifth-amendment miranda-warnings right-to-counsel |
L. Whether the presence of counsel obviates the need for Miranda warnings; and
I. Whether Bourjaily v. United States permits the affirmance of the ad… |
| 23-7049 |
Daniel Arsenio Rodgers v. United States |
Eighth Circuit |
2024-03-21 |
Denied |
Response WaivedIFP |
crime-lab criminal-procedure enhancement evidence-interpretation firearms naked-eye sentencing-guidelines serial-number visible |
Whether the district court erred in applying a four-level enhancement under the U.S. Sentencing Guidelines for "altered or obliterated" serial number,… |
| 23-7050 |
David Phillip Ryan v. Florida |
Florida |
2024-03-21 |
Denied |
Response WaivedIFP |
civil-procedure constitutional-interpretation criminal-procedure due-process fourteenth-amendment jury jury-composition jury-trial sixth-amendment standing |
Whether the jury guaranteed by the Sixth and Fourteenth Amendments is a 12-person jury? |
| 23-7035 |
Anderson Garcia v. United States |
Second Circuit |
2024-03-20 |
Denied |
Response WaivedIFP |
appeal-waiver circuit-split criminal-procedure dominguez-benitez due-process guilty-plea plea-agreement plea-bargaining sentencing |
Whether a defendant who pleads guilty and appeals his sentence, challenging his appeal waiver as unknowing, must show both that the waiver was unknowi… |
| 23-7037 |
Billy Joe King v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2024-03-20 |
Denied |
IFP |
appellate-jurisdiction burden-of-proof civil-procedure competency-hearing constitutional-rights criminal-procedure due-process evidence-admissibility judicial-review mental-capacity standing |
Question not identified. |
| 23-7023 |
Johnny Mack Sketo Calhoun v. Florida |
Florida |
2024-03-19 |
Denied |
Response WaivedIFP |
constitutional-law constitutional-rights criminal-procedure due-process evidence-law federal-constitution florida-law state-criminal-law third-party-confession third-party-confessions |
1. Does the manner in which Florida deals with third party confessions violate defendant's rights under the Due Process Clause of the Federal Constitu… |
| 23-7029 |
Byron James Shepard v. Oklahoma |
Oklahoma |
2024-03-19 |
Denied |
IFP |
aggravating-circumstance aggravating-factors capital-punishment capital-sentencing criminal-procedure death-penalty eighth-amendment fourteenth-amendment jury-discretion |
Does Oklahoma's continuing threat aggravating circumstance violate this Court's capital sentencing jurisprudence and the Eighth and Fourteenth Amendme… |
| 23-7033 |
Donte Taylor v. California |
California |
2024-03-19 |
Denied |
Response WaivedIFP |
8th-amendment civil-rights constitutional-rights criminal-procedure cruel-and-unusual-punishment due-process eighth-amendment habeas-corpus sentencing |
1) WHy was my 8th amendment denied?
2) Why was my sentence not considered cruel or unusual? |
| 23A847 |
Richard Alan Costanzo v. United States |
Fourth Circuit |
2024-03-19 |
Presumed Complete |
|
abuse-of-discretion confrontation-rights criminal-procedure federal-rule hearsay-evidence probation-revocation |
Question not identified. |
| 23-1036 |
Robert John Dodd v. Chadwick Dotson, Director, Virginia Department of Corrections |
Fourth Circuit |
2024-03-19 |
Denied |
|
constitutional-violation criminal-indictment criminal-procedure double-jeopardy due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sixth-amendment trial-counsel |
Dodd was indicted on nine counts for the sexual abuse of a child fifteen years prior. Each count of the indictment was an identical carbon copy, inclu… |
| 23-1020 |
Utah v. Alfonso Valdez |
Utah |
2024-03-18 |
Denied |
Amici (1) |
cellphone cellphone-privacy criminal-procedure fifth-amendment foregone-conclusion passcode self-incrimination testimonial testimonial-communication |
1. Is disclosing a cellphone passcode that has no substantive meaning testimonial under the Fifth Amendment when the only information communicated is … |
| 23-1022 |
Nancy Martin v. United States |
Tenth Circuit |
2024-03-18 |
Denied |
Amici (1) |
appeal-waiver circuit-split criminal-procedure due-process factual-basis guilty-plea plea-agreement plea-bargaining |
Federal Rule of Criminal Procedure 11(b)(3) requires a district court to "determine that there is a factual basis" for a guilty plea before accepting … |
| 23-7008 |
Lawrence Martin v. Dexter Payne, Director, Arkansas Division of Correction |
Eighth Circuit |
2024-03-18 |
Denied |
Response WaivedIFP |
6th-amendment brady-violation civil-rights criminal-procedure due-process exculpatory-evidence federal-court new-trial relief trial-rights |
Federal Question / Did THE Supreme Court of THE UNITED STATES MAIL MARTIN PROBS IN FV\S I / fi / 2.6 22. , AaJSO U /\l/Z07Z LE6AC ivuv-lt^ , \M<Vs MMC… |
| 23-7016 |
Gregory Chatten Stockman v. California |
California |
2024-03-18 |
Denied |
IFP |
appellate-procedure civil-procedure constitutional-review criminal-procedure due-process evidence judicial-interpretation patent-infringement patent-licensing standing state-court-review |
Question not identified. |
| 23-6983 |
Christopher James Michelotti v. Austin Knudsen, Attorney General of Montana |
Ninth Circuit |
2024-03-15 |
Denied |
Response WaivedIFP |
5th-amendment brady-v-maryland civil-rights conflict-of-interest constitutional-rights criminal-procedure due-process ineffective-assistance jury-trial prejudicial-evidence sixth-amendment |
Within the case the district court abused its discretion by admitting evidence that the defendant is affiliated with a gang. Discredit by denying defe… |
| 23-6991 |
Spencer P. Peace v. Wisconsin |
Wisconsin |
2024-03-15 |
Denied |
Response WaivedIFP |
common-law constitutional-law constitutional-rights criminal-procedure due-process judicial-precedent sixth-amendment speedy-trial |
For 800 years the English Common Law prohibited jailing a defendant for more than one year prior to their trial. Fifty years ago, this Court changed c… |
| 23-6999 |
Ronald Monique Best v. Chadwick Dotson, Director, Virginia Department of Corrections |
Fourth Circuit |
2024-03-15 |
Denied |
IFP |
constitutional-rights counsel-effectiveness criminal-procedure defendant-representation due-process effective-assistance-of-counsel jury-trial plea-bargaining right-to-counsel sixth-amendment trial-strategy |
L)W\ 3U\lV and punishment 'is 4he. sale, 'issue. Qor bhe. juri^'is
i4 ever (ptrrms&ible 'vor cooesei bo motae. -Vine urn lateral decision
4o can eer… |
| 23-7000 |
Jereme Lee Escobedo v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2024-03-15 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process effective-assistance-of-counsel equal-protection fifth-circuit-review ineffective-assistance-of-counsel jury-bias sex-crimes sixth-amendment |
QUESTION ONE:
Does a criminal defendant charged with sex-crimes have the same
Constitutional rights as a defendant charged with non-sex-crimes?
QUES… |
| 23-7002 |
Ayoob Wali v. United States |
Fifth Circuit |
2024-03-15 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure federal-courts federal-criminal-law miscarriage-of-justice plea-agreement plea-bargaining sentencing waiver-of-appeal |
Should the court of appeals below recognize a fundamental-miscarriage of-justice exception to a waiver-of-appeal provision of a federal criminal defen… |
| 23-7003 |
Kenneth Malik Wise v. United States |
Fourth Circuit |
2024-03-15 |
Denied |
Response WaivedIFP |
appeal-waiver criminal-procedure due-process fourth-circuit knowingly-waived plea-agreement sentencing sentencing-argument |
Did the United States Court of Appeals for the Fourth Circuit err by concluding that Appellant Kenneth Malik Wise knowingly and voluntarily waived his… |
| 23A842 |
Quentin Freeman v. Daniel Deas |
Fourth Circuit |
2024-03-15 |
Presumed Complete |
|
appellate-review certiorari criminal-procedure fourth-circuit incarcerated-petitioner legal-clinic |
Question not identified. |
| 23-6986 |
Raghvendra Singh v. California |
California |
2024-03-14 |
Denied |
IFP |
access-to-courts constitutional-rights conviction-for-non-crime criminal-conviction criminal-procedure due-process fabricated-charges false-testimony judicial-misconduct standing |
Q _ftLt-OW TO PROV E THPiT ALLFfipp
CHftRfiES ARE MOT CRWEfiYSFeATTa^c^jo w,^.- ?fi^ES(^TO@)
RUUHS . OTHERWISE. IT ..'■. ■ ■ 1 ■ HFn TSHORiHftPVWfci> … |
| 23-6987 |
Michael Todd Hilton v. Daniel Akers, Warden |
Sixth Circuit |
2024-03-14 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process expert-testimony expert-witness habeas-corpus ineffective-assistance ineffective-assistance-of-counsel right-to-present-defense strickland-standard strickland-v-washington |
Introduction;
Mr. Hilton was indicted for murder and other offenses stemming from an automobile
accident which occurred while he was under the influen… |
| 23-6993 |
Leon Akins v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2024-03-14 |
Denied |
IFP |
competency-evaluation criminal-procedure drope-v-missouri due-process dusky-v-united-states judicial-review mental-competency record-evidence trial-standards |
DOES THE ELEVENTH CIRCUIT COURT OF APPEALS DECISION CONFLICT WITH THIS COURTS DECISION IN DUSKY V. UNITED STATES, 362 US 402 (1960) AND DROPE V. MISSO… |
| 23-6974 |
Bartolo Damaso-Sixtos v. United States |
Fifth Circuit |
2024-03-13 |
Denied |
Response WaivedIFP |
certiorari constitutional-interpretation constitutional-law criminal-procedure due-process fifth-circuit judicial-precedent legal-overruling precedent sentencing supreme-court supreme-court-review |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-6975 |
D'Amantae Graham v. Ohio |
Ohio |
2024-03-13 |
Denied |
IFP |
constitutional-rights criminal-defendant criminal-procedure due-process pro-se-representation self-representation sixth-amendment sovereign-citizen trial-court |
Can a trial court deny a criminal defendant the right to self-representation solely because he was designated a sovereign citizen? |
| 23-6976 |
Juan Cabrera v. United States |
Ninth Circuit |
2024-03-13 |
Denied |
IFP |
circuit-split criminal-procedure custody eighth-circuit howes-test miranda-custody miranda-rights ninth-circuit supreme-court tenth-circuit terry-stop |
Whether courts must apply the second step of Howes to determine if a person is "in custody" for Miranda purposes. |
| 23-6978 |
Jose Salome Gallardo Granados v. United States |
Fifth Circuit |
2024-03-13 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum |
Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 23-6979 |
Kyston Ivory v. United States |
Fifth Circuit |
2024-03-13 |
Denied |
Response WaivedIFP |
constitutional-challenge criminal-procedure criminal-sentencing due-process mandatory-revocation sentencing sixth-amendment statutory-interpretation united-states-v-haymond |
Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments? |
| 23-6982 |
Paulius Telamy v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2024-03-13 |
Denied |
Response WaivedIFP |
brady-v-maryland brady-violation civil-rights criminal-procedure due-process evidence-suppression favorable-evidence postconviction-relief prosecutorial-misconduct suppressed-evidence |
Whether, reasonable jurists could debate whether, under Brady v. Maryland, 373 U.S. 83 (1968), the prosecution suppressed favorable evidence at Petiti… |
| 23-6963 |
James Deon Bryant, Jr. v. Florida |
Florida |
2024-03-12 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process felony felony-charges fourteenth-amendment jury-trial sixth-amendment |
Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-6965 |
Armando Orozco-Barron v. United States |
Ninth Circuit |
2024-03-12 |
Denied |
Response WaivedIFP |
covid-19-pandemic criminal-procedure dismissal-without-prejudice due-process ends-of-justice individual-assessment judicial-discretion pandemic speedy-trial-act |
(1) May a Chief Judge extend the STA's deadlines by general order, without individually evaluating defendants' interests in a speedy trial?
(2) When … |
| 23-6968 |
Raymond Vincent v. Florida |
Florida |
2024-03-12 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process felony felony-charges fourteenth-amendment jury-trial sixth-amendment |
Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-6948 |
Erick Wanjiku v. Oklahoma |
Oklahoma |
2024-03-11 |
Denied |
IFP |
14th-amendment civil-rights constitutional-interpretation criminal-procedure due-process evidence judicial-bias jurisdiction legal-standards state-court vagueness-doctrine |
peKWcwv) pqpse U*cl&r Uk?er4 i'w-k^pre^fi o<^S
LrVrcj<=tVe5
W OtovJ' ot U)v4+ ^of VUW:> V- Ker^iev; 404 U*s 513 (b7^)
+U16 fW'Ko.o +Ui5 (WV Vo Chfevoh… |
| 23-6950 |
Lawrence Guerain Fleming v. United States |
Ninth Circuit |
2024-03-11 |
Denied |
Response WaivedIFP |
circuit-split criminal-procedure felon-in-possession guideline-interpretation judicial-interpretation obstruction-of-justice pre-investigation-conduct sentencing-enhancement sentencing-guidelines |
Petitioner pled guilty to being a felon in possession of ammunition. His sentence was increased pursuant to section 3C1.1 of the United States Sentenc… |
| 23-6951 |
Jesus Barron-Bautista v. United States |
Fifth Circuit |
2024-03-11 |
Denied |
Response WaivedIFP |
Almendarez-Torres criminal-law criminal-procedure due-process fifth-circuit jury-trial precedent-overruling sentencing Sixth-Amendment supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 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 NON TESTIFYING WITNESS'S OUT-OF-COURT STATEMENTS? |
| 23-6954 |
Charles B. Thomas v. United States |
Seventh Circuit |
2024-03-11 |
Denied |
Response WaivedIFP |
appellate-review case-law circuit-court-conflict criminal-procedure double-jeopardy judicial-interpretation sentencing statutory-analysis supreme-court-precedent united-states-v-blackwell united-states-v-phipps witte-v-united-states |
WHETHER THE 7TH CIRCUIT COURT OF APPEALS DECISION IN THE CASE AT BAR IS IN CONFLICT WITH THE UNITED STATES SUPREME COURT'S DECISION IN WITTE V. UNITED… |
| 23-6955 |
Donald Kissner v. Michigan |
Michigan |
2024-03-11 |
Denied |
IFP |
appellate-counsel appellate-procedure civil-rights communication-breakdown constitutional-rights criminal-procedure due-process habeas-corpus judicial-review right-to-counsel right-to-present-defense |
WAS MR. KISSNERS STATE AND FEDERAL
COMSTZTUTIONAL BLGHTS 70 EFF ECTLVE
Con STANCE OF APPOINTED APPELLATE
yy El. WHERE THE WAS A BREAKDOWN
COMMUNEICATL… |
| 23-6958 |
Mal Pauliet Tharjiath v. Minnesota |
Minnesota |
2024-03-11 |
Denied |
IFP |
civil-liberties civil-procedure civil-rights constitutional-rights criminal-procedure due-process hearings judicial-review legal-standing standing |
Question not identified. |
| 23-6931 |
Darrell Tillery v. Tim Hooper, Warden |
Louisiana |
2024-03-08 |
Denied |
Response WaivedIFP |
aggravated-rape constitutional-rights criminal-procedure due-process equal-protection fourteenth-amendment jury-trial non-unanimous-jury sexual-battery sixth-amendment |
As there are conflicting decisions amongst state courts of last resort concerning a constitutional Issue, In accordance with Rule X(b), this matter is… |
| 23-6936 |
Jose Eulalio Aguillen-Servin v. United States |
Fifth Circuit |
2024-03-08 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 23-6937 |
Mahmoud Almuhtaseb v. Florida |
Florida |
2024-03-08 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition jury-trial sixth-amendment |
Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-6938 |
Frank Garcia v. Julie Wolcott, Superintendent, Attica Correctional Facility |
Second Circuit |
2024-03-08 |
Denied |
IFP |
accused-rights criminal-procedure dna-evidence due-process exoneration harmless-error post-conviction |
Can the might have reasonable possibility Harmless error doctrine be applied to DNA, that has the sole trifecta ability, to either:
1. Clear the Accu… |
| 23-6939 |
Jaime Dean Charboneau, aka Jaimi Dean Charboneau v. Tyrell Davis, Warden |
Ninth Circuit |
2024-03-08 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
actual-innocence admissibility-of-evidence circuit-split criminal-procedure due-process evidence-standard federal-courts habeas-corpus judicial-review standard-of-review statutory-interpretation |
1. Whether 28 U.S.C. § (b)(2)(B)(ii)'s actual innocence standard requires the
court to consider all the evidence, old and new, incriminating and
excul… |
| 23-6942 |
Paulino Granda v. United States |
Eleventh Circuit |
2024-03-08 |
Denied |
Response WaivedIFP |
certificate-of-appealability constitutional-rights criminal-procedure due-process habeas-corpus johnson-precedent johnson-v-united-states mandatory-life-sentence mandatory-minimum predicate-conviction sentencing statutory-interpretation |
Whether a Petitioner demonstrates that he has made "a substantial showing of the denial of a constitutional right " warranting the issuance of a certi… |
| 23-6943 |
Michael Lawrence Kerlin v. United States |
Fourth Circuit |
2024-03-08 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-sentencing cross-reference disproportionate-effect due-process evidence evidence-standard pro-se-petition sentencing-guidelines standard-of-proof |
1. Whether a cross reference which has a disproportionate effect on the sentence requires a higher standard of proof that mere proponderence.
2. Whet… |
| 23-6915 |
Raynaldo Ray Quiroga v. United States |
Eleventh Circuit |
2024-03-07 |
Denied |
Response WaivedIFP |
actual-innocence certificate-of-appealability constitutional-violation criminal-procedure habeas-corpus ineffective-assistance ineffective-assistance-of-counsel miscarriage-of-justice |
In Bousiew v. United u.s. WA ty%> i)$ Sxt iuom , mo ued £dJea8(i<WX4his murt held -Hw "Actual Innocence^ Is more -Bw a mere legal insufficiency., 11- … |
| 23-6919 |
Raul Perez v. United States |
Eleventh Circuit |
2024-03-07 |
Denied |
Response WaivedIFP |
acceptance-of-responsibility alford-plea criminal-procedure criminal-sentencing inter-circuit-split memory-defense memory-loss plea-bargaining sentencing-guidelines united-states-sentencing-guidelines |
Does a plea of guilty pursuant to North Carolina v. Alford, 400 U.S. 25 (1970), based on a complete loss of memory of the actions underlying the offen… |
| 23-6925 |
Sadat El-Amin v. Louisiana |
Louisiana |
2024-03-07 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process equal-protection forcible-rape fourteenth-amendment jury-trial non-unanimous-jury sixth-amendment |
1. As there are conflicting decisions amongst state courts of last resort concerning a constitutional issue, in accordance with Rule X(b), this matter… |
| 23-6927 |
In Re Antoine Thomas |
|
2024-03-07 |
Denied |
IFP |
appeals constitutional-law criminal-procedure due-process jurisdiction standing |
Question not identified. |
| 23-6902 |
Jeffrey Akard v. United States |
Seventh Circuit |
2024-03-06 |
Denied |
Response WaivedIFP |
civil-rights constitutional-provisions criminal-procedure due-process judicial-review legal-error plea-bargain procedural-due-process retroactivity sentencing statutory-provisions |
L S/muiJ Q U, S. Cour-L ZTurlge. P/ifnrr.e n
pi PA. Qk^rejeMPsAr appeal Id at j/gr /a Fe. i»jIap.a
4 ^ l$4'Cr £//] ZTo/y ^ A1tLcL&- £t/l error -fo 1/t… |
| 23-6907 |
Tryton Alonzo Thomas v. United States |
Fifth Circuit |
2024-03-06 |
Denied |
Response WaivedIFP |
administrative-law agency-deference agency-interpretation criminal-procedure criminal-sentencing federal-sentencing-guidelines judicial-deference judicial-review kisor-v-wilkie sentencing-guidelines statutory-interpretation |
Whether the standard for triggering judicial deference to an agency's interpretation of its own regulations, as clarified in Kisor v. Wilkie, 139 S. C… |
| 23-6908 |
Shawn Christy v. United States |
Third Circuit |
2024-03-06 |
Denied |
Response WaivedIFP |
court-procedure criminal-procedure due-process ineffective-assistance judgment-of-acquittal judicial-discretion judicial-error pro-se right-to-counsel self-representation sentencing-review |
1. Did the district court error in not permitting Mr. Christy to represent himself?
Suggested Answer: Yes.
2. Did the district court error in not gra… |
| 23-6909 |
Arnold D. Holland v. United States |
Eleventh Circuit |
2024-03-06 |
Denied |
Response WaivedIFP |
criminal-procedure fourth-amendment probable-cause reasonable-suspicion search search-and-seizure supervised-release totality-of-circumstances |
1. Whether the Fourth Amendment applies to the act of searching or the initial decision to search, based on an objective standard considering the tota… |
| 23-6912 |
Samuel Fields v. Laura Plappert, Warden |
Sixth Circuit |
2024-03-06 |
Rehearing |
Relisted (10)IFP |
aedpa clearly-established-law constitutional-claim criminal-procedure due-process extrinsic-evidence habeas-corpus jury-experiment jury-trial verdict-standards |
Does this Court's rule requiring that a verdict be based only on the evidence presented in the courtroom at trial satisfy 28 U.S.C. § 2254(d)(1)'s "cl… |
| 23-966 |
Oscar Amos Stilley v. United States |
Tenth Circuit |
2024-03-06 |
Denied |
Response Waived |
criminal-procedure due-process federal-jurisdiction federal-procedure judicial-appointments judicial-assignment judicial-cross-designation judicial-ethics statutory-interpretation supervised-release |
1. Whether or not 13 consecutive cross-designations of Oklahoma district judges, with apparent intent to issue new cross-designations each year, in pe… |
| 23-974 |
Sammy Jay Riddle v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2024-03-06 |
Denied |
|
aedpa criminal-procedure deferred-adjudication fifth-circuit habeas-corpus judgment judgment-of-conviction statute-of-limitations |
Whether the Court should apply the rule in Burton v. Stewart, 549 U.S. 147 (2007)—that a final judgment in a criminal case means the sentence—and hold… |
| 23-6893 |
Jacob A. Rubini v. Illinois |
Illinois |
2024-03-05 |
Denied |
Response WaivedRelisted (2)IFP |
criminal-procedure due-process grand-jury ineffective-assistance ineffective-assistance-of-counsel perjured-testimony perjury post-conviction-relief prosecutorial-misconduct |
Pro Se Post Conviction Petition
On May 23, 2022, Rubini filed a pro se post conviction petition. (C. 680). In this petition, Rubini raised the follow… |
| 23-6900 |
Bryan Reshad Hill v. United States |
Fifth Circuit |
2024-03-05 |
Denied |
Response WaivedIFP |
criminal-procedure federal-rules fifth-circuit jury-verdict plain-error presentence-report rosales-mireles sentencing sentencing-guidelines |
Does a sentence twice that authorized by the jury's verdict constitute plain error? This Court's decision in Rosales-Mireles suggests so, but recent F… |
| 23-6901 |
Joshua Lane Tansil v. Florida |
Florida |
2024-03-05 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition jury-trial sixth-amendment |
Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-6884 |
Alexander Yoichi Duberek v. United States |
Fifth Circuit |
2024-03-04 |
Denied |
Response WaivedRelisted (2)IFP |
appellate-review criminal-procedure due-process judicial-discretion sentencing-factors sentencing-review standard-of-review substantive-reasonableness |
Whether substantive reasonableness review necessarily requires the court of appeals to reweigh the sentencing factors? |
| 23-6886 |
Paul Francisco Torres, III v. United States |
Ninth Circuit |
2024-03-04 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process jury-trial jury-trials pandemic pandemic-restrictions sixth-amendment speedy-trial |
Did prolonged jury-trial bans during the pandemic violate the Sixth Amendment's Speedy Trial Clause, especially as to those accused who were jailed du… |
| 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 |
*Tb \ not have (X nc\v\V to Confront a\\ alltcjfd voi+ness?
• v^o \ not have a rio^t Vo ut o\\ alleged axdwee?
•D«\V I hcux, a dtjVfr to Q full and Pa… |
| 23-6873 |
Darrin Lynn Pickens v. David Buss, Warden |
Tenth Circuit |
2024-03-01 |
Denied |
IFP |
arkansas-law civil-rights-act congressional-authority criminal-jurisdiction criminal-law criminal-procedure federal-lands indian-territory oklahoma organic-act tribal-sovereignty |
loress passiheOraonicac+tbroKlahoma on establish Slate laws, or did Congress eneral lauJS of Arkansas on ITIaY Z,I2% providina fine provis ► entHTea T… |
| 23-6876 |
Joseph Neil Bronson, Jr. v. United States |
First Circuit |
2024-03-01 |
Denied |
Response WaivedIFP |
constitutional-law criminal-attempt criminal-procedure due-process first-amendment free-speech legislative-intent overbroad post-conviction-relief standing statutory-interpretation vagueness |
Is 18 U.S.C. § 1504(1)(C) (Omnibus Crime Control Act) applied to Bronson's Metaphysical attempt to attempt "Louefl)rco,c|j uayi w" unconstitutionally?… |
| 23-6878 |
Jose Luis Avalos-Sanchez v. United States |
Fifth Circuit |
2024-03-01 |
Denied |
Response WaivedIFP |
Almendarez-Torres court-of-appeals criminal-procedure due-process judicial-review jury-trial legal-precedent sentencing Sixth-Amendment supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-953 |
Brandon Michael Council v. United States |
Fourth Circuit |
2024-03-01 |
Denied |
Amici (3) |
circuit-split competency criminal-procedure defendant-rights due-process effective-assistance-of-counsel federal-death-penalty judicial-discretion mental-competence trial-competency |
In the middle of his federal death-penalty trial, Brandon Council had a delusional breakdown, asking his attorneys to "subpoena God." The District Cou… |
| 23-945 |
Ilana Bangiyeva v. United States |
Fourth Circuit |
2024-02-29 |
Denied |
Response Waived |
asset-seizure civil-procedure criminal-procedure district-court due-process forfeiture judicial-review legal-interest property-forfeiture property-rights standing united-states-government |
What is the appropriate test to determine whether petitioner has a sufficient legal interest in forfeited property. |
| 23-949 |
In Re David Erlanson, Sr. |
|
2024-02-29 |
Denied |
Response Waived |
9th-circuit administrative-law civil-procedure civil-proceeding civil-rights criminal-penalty criminal-procedure due-process judicial-duty judicial-process mandamus separation-of-powers |
Can the 9th Circuit Court of Appeals indefinitely prolong or avoid its judicial duty when a judicial process in the lower district court resulted obvi… |
| 23-6870 |
Ariel Perez-Lainez v. United States |
Fifth Circuit |
2024-02-29 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-convictions sentencing statutory-maximum |
Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 23-6874 |
Kendall Dean Mitchell v. Oklahoma |
Oklahoma |
2024-02-29 |
Denied |
IFP |
14th-amendment constitutional-law criminal-procedure due-process federal-jurisdiction judicial-review jurisdiction retroactive-application state-law state-prosecution supremacy-clause |
Question not identified. |
| 23-6857 |
Lamar Gibson v. United States |
Eleventh Circuit |
2024-02-29 |
Denied |
Response WaivedIFP |
6th-amendment constitutional-rights criminal-procedure due-process fair-trial habeas-corpus ineffective-assistance lower-courts post-conviction-relief statutory-violation trial-testimony |
Question not identified. |
| 23-6859 |
Andrew Smart v. Jamie LaManna |
Second Circuit |
2024-02-29 |
Denied |
Response WaivedIFP |
constitutional-amendment constitutional-law criminal-procedure district-court-procedure due-process evidence federal-courts federal-law habeas-corpus witness-identification |
1. Whether the Courts below determination that the witnesses Identification was not
unduly suggestive, was contrary to clearly established Federal I,… |
| 23-6865 |
Justus Onyiego v. Tennessee |
Tennessee |
2024-02-29 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process evidence ineffective-assistance post-conviction right-to-counsel right-to-testify trial-counsel |
I. WAS TRIAL COUNSEL INEFFECTIVE FOR FAILING TO REQUEST LESSER INCLUDED OFFENSE INSTRUCTIONS FOR THE OFFENSE OF AGGRAVATED RAPE CAUSING BODILY INJURY?… |
| 23-6866 |
Cesar Abreu v. United States |
Second Circuit |
2024-02-29 |
Denied |
Response WaivedIFP |
criminal-procedure due-process evidence-admissibility federal-rule-of-evidence-404b federal-rules-of-evidence fifth-amendment narcotics narcotics-distribution prior-conviction prior-convictions search-and-seizure |
Whether the decision of the United States Court of Appeals for the Second Circuit, affirming Petitioner's conviction of narcotics distribution in the … |
| 23-6845 |
Milton Martin Biester-Villeda v. United States |
Fifth Circuit |
2024-02-28 |
Denied |
Response WaivedIFP |
case-review criminal-procedure due-process fifth-circuit judicial-precedent legal-procedure sentencing sixth-amendment stare-decisis statutory-interpretation supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-6846 |
In Re Shirron Jozette Gayles-Zanders |
|
2024-02-28 |
Denied |
Response WaivedIFP |
appellate-procedure appellate-review civil-rights criminal-procedure due-process equal-protection habeas-corpus ineffective-assistance mandamus nevada-supreme-court post-conviction-relief |
Question not identified. |
| 23-6849 |
Juan Salazar-Grimaldo v. United States |
Fifth Circuit |
2024-02-28 |
Denied |
Response WaivedIFP |
constitutional-procedure criminal-indictment criminal-procedure defendant-rights due-process indictment jury-determination jury-trial prior-convictions sentencing sentencing-enhancement statutory-maximum |
Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 23-937 |
Joshua James Duggar v. United States |
Eighth Circuit |
2024-02-28 |
Denied |
|
alternative-perpetrator complete-defense constitutional-rights criminal-defense criminal-procedure due-process evidence evidence-exclusion trial-court trial-court-discretion |
Does the exclusion of relevant evidence of an
alternative perpetrator based on a trial court's
conclusion it is too speculative violate a criminal
def… |
| 23-6834 |
Jeremy Lee Sestak v. United States |
Tenth Circuit |
2024-02-27 |
Denied |
Response WaivedIFP |
as-applied-petition constitutional-protections criminal-procedure double-jeopardy sentencing sentencing-guidelines supervised-release u.s.s.g.-§4b1.5 u.s.s.g.-§5d1.2 |
Can a defendant bring an as-applied petition for modification of the supervised conditions?
Does supervised release conditions as applied invoke Doub… |
| 23-6836 |
Ruixue Shi, aka Serena Shi v. United States |
Ninth Circuit |
2024-02-27 |
Denied |
Response WaivedIFP |
criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel involuntary-plea plea-bargaining right-to-counsel trial-preparation voluntariness |
Whether Petitioner's guilty plea was involuntary because she decided to plead guilty based upon her attorney's advice that it was in her interest to d… |
| 23-6837 |
David Carbonaro v. United States |
Third Circuit |
2024-02-27 |
Denied |
Response WaivedIFP |
appellate-review computer-crime computer-use criminal-procedure image-quantity judicial-discretion number-of-images reasonableness sentencing sentencing-enhancement sentencing-enhancements |
I. Whether the Court erred when it overruled the objections to the enhancements for the use of a computer and the number of images?
II. Whether the C… |
| 23-6839 |
Donte Johnson v. Nevada |
Nevada |
2024-02-27 |
Denied |
IFP |
constitutional-rights criminal-procedure discretionary-strategy effective-counsel expert-testimony false-confessions ineffective-assistance police-interrogation sixth-amendment strickland strickland-standard |
Did the Nevada Supreme Court deprive petitioner of his Sixth Amendment right to effective counsel by analyzing counsel's ineffective performance as me… |
| 23-6842 |
Reginald Creshawn Doss v. United States |
Eighth Circuit |
2024-02-27 |
GVR |
Relisted (2)IFP |
2nd-amendment bruen-test circuit-split civil-rights constitutional-challenge criminal-procedure due-process felon-in-possession firearms-regulation second-amendment standing |
Whether, as the Eighth Circuit held, 18 U.S.C. § 922(g)(1) (which prohibits any felon from possessing firearms) is invariably constitutional both faci… |
| 23-6823 |
Troy Raynard Alexander v. United States |
Fourth Circuit |
2024-02-26 |
Denied |
Response WaivedRelisted (2)IFP |
certificate-of-appealability constitutional-rights criminal-procedure due-process fifth-amendment guilty-plea rehaif-standard rehaif-v-united-states sixth-amendment |
QUESTON NUMBER ONE;
Whether the lower court abused their discretion by denying Mr. Alexander a C.O.A. as it is debatable amongst of jurists of reason … |
| 23-6824 |
Jeremiah James Lynch v. United States |
Eighth Circuit |
2024-02-26 |
Denied |
Response WaivedRelisted (2)IFP |
civil-rights constitutional-rights criminal-law criminal-procedure cruel-and-unusual-punishment due-process eighth-amendment parole proportionality sentencing sentencing-guidelines supervised-release |
Is it a Constitutional Violation to a grade A, naoUTk>iT\
f^ccx lOO? w*W T^^rmorc.
/AovavT, ^cawsq A w^e, T,\m<l \a\£> oc\AW a\■6<^ v0^ c^- ('^
YAoa't… |
| 23-6825 |
Jmarreon Mack v. United States |
Fifth Circuit |
2024-02-26 |
Denied |
Response WaivedIFP |
criminal-procedure due-process evidence evidence-suppression exculpatory-evidence fair-trial judicial-integrity prosecutorial-misconduct trial-fairness |
rtme Coufi -fo ufldc? my
WlfoMgCitj CoNVicfioKj \y\ \oWer U.$, pis-Mcf CoukS n Circuit ^
Sravif me Release,5
i zs'K Ail of -fhe Unikd S+jf& Supreme … |
| 23-6827 |
Victor Leon-Moya v. United States |
Eighth Circuit |
2024-02-26 |
Denied |
Response WaivedIFP |
conspiracy criminal-procedure drug-importation drug-trafficking enhancement-factors importation jurisdiction sentencing-guidelines substantive-reasonableness |
1) Whether a defendant's suggestion for a codefendant to pay a supplier
what the codefendant owed said supplier constitutes "directing" per
USSG § 3… |
| 23-6830 |
Thomas E. Creech v. Josh Tewalt, Director, Idaho Department of Correction, et al. |
Ninth Circuit |
2024-02-26 |
Denied |
IFP |
civil-rights constitutional-challenge criminal-procedure death-penalty due-process eighth-amendment execution-secrecy lethal-injection |
Whether it comports with due process for a state to refuse to provide a condemned inmate information about his method of execution that would enable h… |
| 23-6820 |
Marvin Carcamo v. United States |
Ninth Circuit |
2024-02-23 |
Denied |
Response WaivedIFP |
criminal-procedure gang-membership harmless-error ninth-circuit procedural-error racketeering rico-conspiracy sentencing-guidelines |
1. Did the Ninth Circuit incorrectly affirm the district court's procedural error determining racketeering conduct was reasonably foreseeable under th… |
| 23-6787 |
Jerry Means v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2024-02-22 |
Denied |
IFP |
6th-amendment civil-rights constitutional-rights criminal-procedure due-process evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel post-conviction-proceedings post-conviction-relief state-law-rights |
WHETHER OL, MWHOCEMT asa Marre of STHTE /a W))
acrval and -acrval/ WMI OCENIT, /MDIgEMT feosE
DekupauT in & STATE Ceimmal Case bio 1S PpkonibiTED
aN A… |
| 23-6806 |
Bruce Wayne Harp v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2024-02-22 |
Denied |
IFP |
criminal-justice criminal-procedure due-process jury jury-impartiality justice-system obstruction-of-justice penal-code pre-trial trial-rights |
WHEN DOES PENAL CODE 2I.OZ ADULTERATE THE
Justice system ,jMstructir /a due process ,
A WRTRtAL AMD AN IMPARTIAL JURY ?r |
| 23-6807 |
Floyd William Damren v. Florida |
Florida |
2024-02-22 |
Denied |
IFP |
constitutional-amendments constitutional-rights criminal-procedure due-process florida-rule habeas-corpus newly-discovered-evidence post-conviction-relief scientific-evidence |
1. Does Florida's rule 3.851(d)(2)(A), which establishes a one year timeline
(from the time that the evidence became discoverable) violate petitioner'… |
| 23-6808 |
Joseph Michael King, aka Joey King v. United States |
Fourth Circuit |
2024-02-22 |
Denied |
Response WaivedIFP |
burden-of-proof circuit-split criminal-procedure due-process non-indigent sentencing sentencing-enhancement special-assessment statutory-interpretation |
Under 18 U.S.C. § 3014(a), defendants convicted of certain sexual offenses must be assessed a $5000 special assessment if one other condition is met —… |
| 23-6809 |
Warren Lee Mackey v. United States |
Eighth Circuit |
2024-02-22 |
Denied |
Response WaivedIFP |
appellate-review circuit-split criminal-procedure due-process evidence harmless-error judicial-precedent prejudice prejudice-standard trial-testimony witness-bolstering witness-testimony |
Circuits are applying different tests to gauge prejudice resulting from testimony that improperly bolsters or vouches for the testimony of another wit… |
| 23-905 |
John William Hanson, III v. United States |
Sixth Circuit |
2024-02-22 |
Denied |
Response Waived |
arrest-time civil-rights criminal-procedure due-process excessive-force false-testimony jury-instructions search-and-seizure sentencing |
1. The Sixth Circuit Court of Appeals has already established that the Petitioner did not Resist Arrest on February 3, 2018. "Hanson did not threaten … |
| 23-898 |
Ryan Thornton v. Wisconsin |
Wisconsin |
2024-02-21 |
Denied |
Response Waived |
burden-of-proof counsel criminal-procedure defendant due-process habeas-corpus ineffective-assistance-of-counsel legal-harm sixth-amendment |
Did the Wisconsin Supreme Court err by Denying-without-response (App.23) RYAN's 2023AP769 [5/12/2023 Petition For Review] and issuing no response (App… |
| 23-6786 |
Carl Ray McNeil, Jr. v. United States |
Fourth Circuit |
2024-02-21 |
GVR |
Relisted (2)IFP |
armed-career-criminal-act criminal-law criminal-procedure due-process fifth-amendment indictment sentencing sentencing-enhancement sixth-amendment statutory-interpretation |
The Armed Career Criminal Act imposes heightened statutory penalties if a defendant convicted of an offense under 18 U.S.C. § 922(g) has three prior c… |
| 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… |
| 23-6799 |
Leon King v. United States |
Eleventh Circuit |
2024-02-21 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure criminal-sentencing due-process federal-sentencing judicial-discretion legal-reasoning sentencing-guidelines statutory-interpretation |
Whether 18 U.S.C. § 3553(c) requires a sentencing court which rejects a defendant's nonfrivilous arguments in favor of a lower sentence to explain its… |
| 23-6802 |
Wally Irizarry-Sisco v. United States |
First Circuit |
2024-02-21 |
Denied |
Response WaivedIFP |
child-sex-abuse child-sex-case criminal-procedure double-jeopardy due-process evidence-law excited-utterance hearsay hearsay-exception sixth-amendment |
1. Whether Federal Rule of Evidence 803(2), the hearsay exception for "excited utterances," encompasses out of court statements that (a) go beyond the… |
| 23-6788 |
Terrance Fowler v. Pennsylvania |
Pennsylvania |
2024-02-20 |
Denied |
IFP |
constitutional-rights criminal-conviction criminal-procedure due-process jury-instructions maximum-penalty sentencing uncharged-crime |
Can a State deny a defendant due process of law by convicting and sentencing him to the maximum penalty for a crime that he was not charged with, nor … |
| 23-6768 |
Vidal Garza-Morin v. United States |
Fifth Circuit |
2024-02-16 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 23-6769 |
Derrick Durrell Jones v. United States |
Fifth Circuit |
2024-02-16 |
Denied |
Response WaivedIFP |
2nd-amendment commerce-clause constitutional-challenge criminal-procedure due-process federal-firearms-law federal-jurisdiction firearm-possession interstate-commerce second-amendment standing statutory-interpretation |
1. Whether 18 U.S.C. § 922(g) permits conviction for the possession of any firearm
that has ever crossed state lines at any time in the indefinite pas… |
| 23-6776 |
Robert Shawn Ingram v. Warden, Holman Correctional Facility |
Eleventh Circuit |
2024-02-16 |
Denied |
IFP |
criminal-procedure death-penalty due-process ineffective-assistance-of-counsel plea-bargaining right-to-counsel |
Is an attorney constitutionally ineffective when he does not realistically convey to his client the consequences of failing to honor his plea agreemen… |
| 23-884 |
Marco Antonio Perez v. United States |
Eleventh Circuit |
2024-02-16 |
Denied |
Response Waived |
circuit-split criminal-procedure criminal-sentencing due-process grand-jury harmless-error judicial-interpretation release-violation sentencing-enhancement statutory-maximum |
1. Does an enhanced sentence pursuant to 18 USC § 3147 authorize a punishment exceeding the statutory maximum sentence for the underlying offense comm… |
| 23-886 |
Carlos Guardado v. Massachusetts |
Massachusetts |
2024-02-16 |
Denied |
Amici (1)Response RequestedResponse WaivedRelisted (2) |
burks-v-united-states change-in-law criminal-procedure double-jeopardy evidence legal-sufficiency prosecution-evidence second-trial supreme-court-precedent trial-rights |
In Burks v. United States, 437 U.S. 1, 11 (1978), this Court held that when the evidence the prosecution introduced at a criminal trial is legally ins… |
| 23-888 |
Alfredo Felipe Rasco v. United States |
Eleventh Circuit |
2024-02-16 |
Denied |
Response Waived |
certificate-of-appealability criminal-procedure deportation-consequences guilty-plea guilty-plea-withdrawal ineffective-assistance ineffective-assistance-of-counsel padilla-precedent padilla-v-kentucky rule-11 rule-11-violation |
Whether the Eleventh Circuit's decision to deny my C.O.A. and the district court's denial of my motion to withdraw my guilty plea contravenes this Cou… |
| 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 |
1). Is the petitioner constitutionally entitled to a hearing upon the issue of his competency to stand trial.
Was the petitioner tried, convicted and… |
| 23-6758 |
Frank Bernard Johnson v. Virginia |
Virginia |
2024-02-15 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process fair-trial judicial-procedure mental-health mental-health-competency pro-se pro-se-representation right-to-counsel |
In any trial in which a guilty verdict can result in a criminal conviction; is it lawful to have compulsory pro sc representation by the defendant?
I… |
| 23-6759 |
Hia-Keem Don'ae Rice v. United States |
Fourth Circuit |
2024-02-15 |
Denied |
Response WaivedIFP |
criminal-procedure due-process federal-rules-criminal-procedure federal-rules-of-criminal-procedure judicial-discretion sentencing supervised-release written-judgment |
Whether Rule 43(a)(3) of the Federal Rules of Criminal Procedure, which requires a defendant to be present at sentencing, permits the sentencing judge… |
| 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, and as that phrase is used in Crawford v. Washington, 541 U.S. 36… |
| 23-6765 |
Ethan Andrew Hannold v. Bobbi Jo Salamon, Superintendent, State Correctional Institution at Rockview, et al. |
Third Circuit |
2024-02-15 |
Denied |
IFP |
his father and the egregious breach of duty from criminal-procedure due-process equitable-tolling habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mental-health mental-health-diagnosis procedural-default |
Did the U.S. Court of Appeals of the Third Circuit fail to consider the effect the combination of the relevant attributes of Mr. Hannold's diagnoses o… |
| 23-6740 |
George Willie Rios v. Arizona |
Arizona |
2024-02-14 |
Denied |
Response WaivedIFP |
5th-amendment civil-rights counsel-presence criminal-procedure custodial-interrogation due-process fifth-amendment miranda-v-arizona miranda-warning right-to-counsel |
When police sought a custodial interrogation with George Rios, prior to questioning, an officer read the following warning:
You have the right to rem… |
| 23-6742 |
Alexander D. Pennington v. United States |
Fifth Circuit |
2024-02-14 |
Denied |
Response WaivedIFP |
5th-amendment 5th-amendment-rights 5th-circuit criminal-investigation criminal-procedure custody fifth-amendment interrogation miranda-rights search-warrant |
Under the Fifth Amendment, is a suspect in a criminal investigation "in custody" when he is ordered out of his residence by armed agents who broke dow… |
| 23-6748 |
Eric Lavell Minter v. United States |
Sixth Circuit |
2024-02-14 |
Denied |
Response WaivedIFP |
burden-of-proof circuit-court-review civil-rights clear-error-standard criminal-enterprise criminal-procedure due-process evidence fact-based-enhancement managerial-role sentencing sentencing-enhancement |
Must a district court find that a defendant exercised control over another participant in a criminal enterprise before considering a managerial role s… |
| 23-6750 |
Patrick Aboite v. United States |
Eleventh Circuit |
2024-02-14 |
Denied |
Response WaivedIFP |
2nd-amendment civil-rights constitutional-law criminal-law criminal-procedure due-process federal-statute felony-conviction firearm-possession second-amendment standing statutory-interpretation |
Whether 18 U.S.C. § 922(g)(1), the federal statute that prohibits a person from possessing a firearm if he has been convicted of "a crime punishable b… |
| 23-6751 |
Delon Joseph Adams v. United States |
Eleventh Circuit |
2024-02-14 |
Denied |
Response WaivedIFP |
18-usc-924 concurrent-sentence concurrent-sentences criminal-law criminal-procedure federal-criminal-procedure federal-statute firearm-offense sentencing sentencing-guidelines statutory-interpretation |
Whether 18 U.S.C. Section 924(c)(1)(D)(ii) precludes a sentencing court from imposing a sentence for a Section 924(c) firearm offense partially concur… |
| 23-6728 |
In Re Kimberlee Pitawanakwat |
|
2024-02-13 |
Denied |
Response WaivedIFP |
criminal-procedure federal-jurisdiction general-crimes-act indian-rights major-crimes-act stare-decisis supremacy-clause treaty-interpretation treaty-of-fort-laramie |
Does it violate the Treaty of Fort Laramie (1868) and the Supremacy Clause of the United States Constitution to subject Indians to stand federal trial… |
| 23-6730 |
Bryant Calloway v. United States |
Third Circuit |
2024-02-13 |
Denied |
Response WaivedIFP |
appellate-jurisdiction criminal-procedure due-process fair-trial grand-jury ineffective-assistance-of-counsel judicial-review material-evidence prosecutorial-misconduct witness-credibility witness-testimony |
Whether despite evidence that the fundamental witness of the prosecution, in the shape of violation passed on the divergeceptions of Thomas Valdez Gui… |
| 23-6723 |
Brandon Keith Owensby v. Florida |
Florida |
2024-02-12 |
Denied |
IFP |
constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition jury-trial sixth-amendment |
Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-6725 |
Deonte Marques Curry v. United States |
Fourth Circuit |
2024-02-12 |
Denied |
Response WaivedIFP |
court-of-appeals criminal-procedure due-process electronic-filing forfeiture notice restitution sentencing sentencing-error |
1. In Dolan v. United States, 560 U.S. 605 (2010), the Court held that compliance with the statutory deadline for determining restitution was unnecess… |
| 23-6727 |
Daniel J. Erb v. John Rivello, Superintendent, State Correctional Institution at Huntingdon, et al. |
Third Circuit |
2024-02-12 |
Denied |
Response WaivedIFP |
criminal-procedure due-process federal-law guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel procedural-default prosecutorial-misconduct |
In reference to Petitioner's Guilty Plea and Prosecutorial misconduct, the decisions of the lower courts are contrary to, or involv[ing] an unreasonab… |
| 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. |
| 23-6712 |
Abner Renato Natareno-Calderon v. United States |
Fifth Circuit |
2024-02-09 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure judicial-presumption reasonableness-standard rita-precedent rita-v-united-states sentencing sentencing-guidelines standard-of-review substantive-reasonableness |
Whether the Court should clarify how a defendant who challenges
the substantive reasonableness of a within-Guidelines sentence may
rebut an appellate … |
| 23-6714 |
Ramon Umberto Cortez-Rodriguez, aka Ramon Humberto Cortez-Rodriguez v. United States |
Fifth Circuit |
2024-02-09 |
Denied |
Response WaivedIFP |
Almendarez-Torres certiorari-petition constitutional-interpretation criminal-procedure due-process fifth-circuit-appeal judicial-review jury-trial precedent-overruling sentencing Supreme-Court supreme-court-review |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-6715 |
Re'Shaun Lamonte Wilborne v. United States |
Fourth Circuit |
2024-02-09 |
Denied |
Response WaivedIFP |
criminal-procedure evidence exclusionary-rule fourth-amendment inevitable-discovery inventory-search probable-cause search-and-seizure |
The police violated the Fourth Amendment when they searched Wilborne's backpack and recovered a firearm that formed the basis of the indictment filed … |
| 23-6716 |
Tommy Lee Walker v. United States |
Ninth Circuit |
2024-02-09 |
Denied |
Response WaivedIFP |
2nd-amendment criminal-procedure due-process firearm-interstate-commerce interstate-commerce jury-instruction jury-instructions sixth-amendment speedy-trial-act standing |
1. Where the firearm at issue was manufactured in California and found in
a home in Califo rnia, did the district court err by refusing to give a
requ… |
| 23-6718 |
Larry David Doak v. Oklahoma |
Oklahoma |
2024-02-09 |
Denied |
IFP |
appellate-review collateral-review constitutional-law criminal-procedure criminal-proceeding due-process federal-review indian-law judicial-procedure petition-for-certiorari retroactivity supremacy-clause |
Question not identified. |
| 23-6719 |
In Re Anthony Michael DelaRosa |
|
2024-02-09 |
Denied |
IFP |
appellate-jurisdiction civil-rights constitutional-rights criminal-procedure due-process federal-jurisdiction habeas-corpus ineffective-assistance-of-counsel judicial-misconduct judicial-review legal-procedure |
Whether such civil court can exercise, and should the omitted jurisdiction in violation of the Petitioner, by this Rule 11(a) violation of the United … |
| 23A742 |
Luis Alexis Briceno v. Tennessee |
Tennessee |
2024-02-09 |
Presumed Complete |
|
constitutional-standards conviction-review court-of-criminal-appeals criminal-procedure due-process jurisdiction |
Question not identified. |
| 23-6701 |
Luis Raul Vicente Fonseca v. United States |
Eleventh Circuit |
2024-02-08 |
Denied |
Response WaivedIFP |
civil-procedure constitutional-provisions constitutional-rights criminal-procedure due-process sixth-amendment speedy-trial standing statement-of-the-case statutory-provisions trial-rights |
Deprivation of Constitutional Amendment six's right to a speedy trial. |
| 23-6706 |
Ohio, ex rel. Lonnie Rarden v. Court of Common Pleas of Ohio, Butler County, et al. |
Ohio |
2024-02-08 |
Denied |
Response WaivedIFP |
criminal-procedure faretta-v-california fundamental-error johnson-v-zerbst law-of-the-case res-judicata right-to-counsel sixth-amendment trial-court-jurisdiction waiver-of-counsel |
Does this Court no longer recognize this Court's long standing precedent in Johnson v. Zerbst, 304 U.S. 458, 58 S.Ct. 1019, 82 L.Ed. 1461 (1938), that… |
| 23-6707 |
Sean Robert Wathen v. United States |
Ninth Circuit |
2024-02-08 |
Denied |
Response WaivedIFP |
criminal-procedure dangerous-weapon district-court drug-offense enhancement factual-findings findings-of-fact sentencing sentencing-discretion sentencing-guidelines u.s.s.g-2d1.1(b)(1) weapon-enhancement |
1. Is the sentencing court required to make specific findings of fact, supported by the record, that a defendant possessed a dangerous weapon in conne… |
| 23-6688 |
Christian Alejandro Estrella v. United States |
Ninth Circuit |
2024-02-07 |
Denied |
Response WaivedIFP |
4th-amendment criminal-procedure fourth-amendment law-enforcement parole parole-search police-authority probable-cause search-and-seizure suspicionless-search suspicionless-seizure |
A police officer may seize and search a person on parole without suspicion. See Samson v. California, 547 U.S. 843, 857 (2006). But the officer must f… |
| 23-6690 |
Lamark Armond Combs, Jr. v. United States |
Eighth Circuit |
2024-02-07 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure due-process record-expansion remand sentencing |
I. May a district court expand the record on remand to allow the government to present additional evidence even though the government's burden was cle… |
| 23-6672 |
Christopher R. Williams, Jr. v. United States |
Seventh Circuit |
2024-02-06 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure criminal-sentencing district-court drug-purity drug-quantity methamphetamine-case procedural-errors sentencing-enhancements sentencing-guidelines |
I. Whether the district court erred by sentencing the Defendant to three hundred sixty (360) months in light of the circumstances of the case?
II. Wh… |
| 23-6673 |
Lillian Akwuba v. United States |
Eleventh Circuit |
2024-02-06 |
Denied |
Response WaivedIFP |
controlled-substance criminal-procedure harmless-error intent-element jury-instruction jury-instructions medical-care mens-rea standard-of-care |
In Ruan v. United States, 597 U.S. 450, 454 (2022), this Court held that to convict an authorized person of distributing a controlled substance under … |
| 23-6678 |
In Re Tina Wagoner |
|
2024-02-06 |
Denied |
IFP |
arrest civil-rights criminal-procedure due-process evidence probable-cause |
Are the elements of the crimes charged justified by the facts presented in the above-stated evidence?
If prosecutorial discretion constitutes the abi… |
| 23-6679 |
Quaysean Tikii Williams v. Oklahoma |
Oklahoma |
2024-02-06 |
Denied |
IFP |
conspiracy criminal-procedure due-process evidence firearm jackson-v-virginia robbery sufficiency-of-evidence |
Whether the evidence was sufficient under Jackson v. Virginia, 99 S.Ct. 2781 (1979), to support petitioner's conviction for conspiracy to commit robbe… |
| 23-6680 |
Mark Mayo v. United States |
Ninth Circuit |
2024-02-06 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure federal-rule federal-rules-of-criminal-procedure judicial-discretion plain-error rule-52(b) structural-error |
Does a clear or obvious structural error always, or at least ordinarily, require relief under the plain-error standard of Federal Rule of Criminal Pro… |
| 23-845 |
Timothy Ray Vasquez v. United States |
Fifth Circuit |
2024-02-06 |
Denied |
Response Waived |
bribery criminal-procedure due-process honest-services-fraud official-act public-official quid-pro-quo quid-pro-quo-bribery statutory-interpretation |
Does quid pro quo bribery, in the context of an honest services fraud prosecution, permit conviction on the basis that a public official received a be… |
| 23A727 |
Joel Michael Guy, Jr. v. Tennessee |
Tennessee |
2024-02-06 |
Presumed Complete |
|
28-USC-1257 appellate-jurisdiction constitutional-review criminal-conviction criminal-procedure state-court-review |
Question not identified. |
| 23-6664 |
Robert Edward Sindaco v. Florida |
Florida |
2024-02-05 |
Denied |
IFP |
appellate-review bias constitutional-law criminal-procedure due-process fair-trial federal-jurisdiction habeas-corpus ineffective-assistance-of-counsel prejudice prosecutorial-misconduct |
Question not identified. |
| 23-6666 |
Jackie-Devere Allen Cole v. Colorado |
Colorado |
2024-02-05 |
Denied |
IFP |
6th-amendment civil-liberties constitutional-rights criminal-procedure due-process judicial-review jurisdiction legal-procedure procedural-fairness speedy-trial standing |
Question not identified. |
| 23-6668 |
Roosevelt L. Lincoln, aka Roosevelt L. Linicomn v. Harris County Sheriff's Office, et al. |
Fifth Circuit |
2024-02-05 |
Denied |
IFP |
14th-amendment civil-rights constitutional-law constitutional-rights criminal-procedure due-process equal-protection judicial-fairness legal-procedure section-242 statutory-interpretation |
1) DOES THE 14th AMENDMENT ; [AND SECTION 242 OF TITLE 18]
CONSTITUTE A MAN JUSTICE?
2) DOES THE DISTRICT COURT JUDGE HAVE ANY RULES TO GO BY UNDER … |
| 23-6653 |
Mark Marvin v. United States Court of Appeals for the District of Columbia |
District of Columbia |
2024-02-02 |
Denied |
Response WaivedIFP |
civil-procedure civil-rights criminal-procedure first-amendment free-speech habeas habeas-corpus ineffective-assistance mandamus standing |
WHETHER PETITIONER HAS STANDING TO FILE A HABEAS AND MANDAMUS PETITION WITH THE COURT OF APPEALS WHEN THE QUESTION OF FREEDOM OF SPEECH AFFECTS HIM AS… |
| 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 |
Wow con a Gioke enack and use an Ack, that by 45 oon Vagu ness, Com tae Werpretated te deny . Any. Criminal defendant the vight te.a spealy triol unde… |
| 23-6663 |
Emmanuel Gil v. United States |
Fifth Circuit |
2024-02-02 |
Denied |
Response WaivedIFP |
criminal-procedure due-process indictment jury-trial prior-conviction prior-convictions reasonable-doubt sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 23-830 |
Lonnie Allen Bassett v. Arizona |
Arizona |
2024-02-02 |
Denied |
Amici (3)Response RequestedResponse WaivedRelisted (5) |
criminal-procedure eighth-amendment juvenile-sentencing life-without-parole mandatory-sentencing miller-v-alabama montgomery-v-louisiana sentencing-discretion |
Whether the Eighth Amendment permits a juvenile to be sentenced to life without parole under a system that did not afford the sentencing court discret… |
| 23-831 |
Constance Eileen Caswell v. Colorado |
Colorado |
2024-02-02 |
Denied |
Amici (1)Relisted (2) |
almendarez-torres apprendi-rule criminal-procedure due-process felony-enhancement jury-determination jury-trial misdemeanor-elevation prior-conviction sentencing sixth-amendment |
1. Whether a prior misdemeanor conviction that elevates a subsequent offense from a misdemeanor to a felony is an element of the subsequent offense th… |
| 23A714 |
Rodney Thomas Ternovsky v. Florida |
Florida |
2024-02-01 |
Presumed Complete |
|
constitutional-rights criminal-procedure due-process florida-appellate-court judicial-review writ-of-certiorari |
Question not identified. |
| 23-6642 |
David Wayne Poydras v. Louisiana |
Louisiana |
2024-02-01 |
Denied |
IFP |
constitutional-provisions criminal-procedure due-process equal-protection evidence-standard factual-innocence indigent-defendants judicial-review jurisdictional-issue legal-procedure post-conviction-relief statutory-interpretation |
IT.
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db deAfej dt5-j-i'-tui-be. 7aImade-'J d… |
| 23-6645 |
Arthur Johnson v. United States |
Fifth Circuit |
2024-02-01 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment sentencing sixth-amendment statutory-interpretation supervised-release |
Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments? |
| 23-6648 |
Anthony Christopher Mendonca v. United States |
Second Circuit |
2024-02-01 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process fair-trial first-amendment jury-selection plain-error-review public-trial public-trial-right sixth-amendment structural-error |
The Constitution requires "public" criminal trials. U.S. Const. amend. VI. The First Amendment and Sixth Amendment guarantee the community and the def… |
| 23-6627 |
In Re Reginald Bernard Hatton |
|
2024-01-31 |
Denied |
IFP |
14th-amendment 8th-amendment constitutional-rights criminal-procedure due-process eighth-amendment fourteenth-amendment sentencing time-served unconstitutional |
QUESTION No. 1.
WHETHER THE PETITIONER HAS BEEN DEPRIVED OF HIS CONSTITUTIONAL
RIGHTS UNDER THE 8TH AND 14TH AMENDMENT TO THE UNITED STATES
CONSTITU… |
| 23-6630 |
Terry L. Terry v. Tim Hooper, Warden |
Fifth Circuit |
2024-01-31 |
Denied |
Response WaivedIFP |
criminal-conviction criminal-procedure due-process jackson-v-virginia molestation sexual-assault statutory-interpretation sufficiency-of-evidence victim-testimony |
Did the state court unreasonably apply Jackson v. Virginia when it determined that evidence presented at trial was sufficient to sustain Terry's convi… |
| 23-6632 |
Jasen Randhawa v. Wisconsin |
Wisconsin |
2024-01-31 |
Denied |
Response WaivedIFP |
constitutional constitutional-rights criminal-procedure deterrence due-process general-deterrence sentencing sentencing-discretion social-science social-science-evidence |
I. Does a court violate a defendant's right to due process when a lengthy sentence is based upon mistaken information that a severe sentence will dete… |
| 23-6616 |
Fan Yang v. United States |
Eleventh Circuit |
2024-01-30 |
Denied |
Response WaivedIFP |
complete-defense criminal-defendant criminal-defense criminal-procedure due-process evidence evidence-exclusion federal-rules-of-evidence jury-trial right-to-present-defense rule-403 |
Whether a court may exclude evidence under Fed. R. Evid. 403, where doing so would preclude a criminal defendant from presenting a complete defense to… |
| 23-6622 |
Miguel Jaimes-Luviano v. Florida |
Florida |
2024-01-30 |
Denied |
IFP |
constitutional-law constitutional-rights criminal-procedure criminal-trial felony fourteenth-amendment jury-composition jury-size jury-trial sixth-amendment |
Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a twelve-person jury when the defendant is charged with a felony? |
| 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 |
1. The crime of Sex Trafficking by Force, Fraud, or Coercion, 18 U.S.C. § 1591, by virtue of its definitions of "coercion" and "serious harm," allows … |
| 23-6599 |
Devon Blevins v. United States |
Tenth Circuit |
2024-01-29 |
Denied |
Response WaivedIFP |
18-usc-1 appellate-review criminal-conviction criminal-procedure first-degree-murder insufficiency-of-evidence jackson-v-virginia standard-of-review sufficiency-of-evidence |
Whether the court of appeals failed to correctly apply the standard of review for claims of insufficiency of evidence to support conviction of a crime… |
| 23-6585 |
Arnulfo Fagot-Maximo v. United States |
Fourth Circuit |
2024-01-26 |
Denied |
Response WaivedIFP |
appellate-review certificate-of-appealability criminal-procedure district-court due-process fourth-circuit government-vouching habeas-corpus witness-testimony |
I. Should a writ of certiorari be granted to since the Fourth Circuit Court of Appeals erred in not granting a Certificate of Appealability
II. Shoul… |
| 23-6589 |
Reginald L. McCoy v. United States |
Eleventh Circuit |
2024-01-26 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-resentencing drug-quantity first-step-act judicial-discretion prior-finding sentencing sentencing-review statutory-threshold |
Whether a First Step Act movant's entitlement to review hinges on the statutory sentencing threshold for his offense, or may be foreclosed by a prior … |
| 23-6592 |
Bernardito Carvajal, aka Christian Mendez-Acevedo v. United States |
First Circuit |
2024-01-26 |
Denied |
Response WaivedIFP |
acquittal constitutional-rights criminal-procedure due-process judicial-review jury-verdict sentencing sentencing-discretion unreasonable-sentence |
May a sentencing judge disregard the jury's verdict acquitting the defendant of causing the decedent's death and use facts the jury rejected to justif… |
| 23-6593 |
Larry Rush, aka Leroy Thomas v. Michael Zaken, Superintendent, State Correctional Institution at Greene, et al. |
Third Circuit |
2024-01-26 |
Denied |
Response WaivedIFP |
appeals appellate-procedure constitutional-law criminal-procedure due-process federal-courts habeas-corpus judicial-review jurisdiction petition-denial third-circuit |
1. Did the United States Court of Appeals for the Third Circuit err in affirming Mr. Rush's Denial of Habeas Corpus? |
| 23-6594 |
Noemy Ramirez-Gomez v. United States |
Fifth Circuit |
2024-01-26 |
Denied |
Response WaivedIFP |
Almendarez-Torres case-review criminal-procedure due-process fifth-circuit judicial-precedent jury-trial legal-challenge sentencing Sixth-Amendment supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-6596 |
Kenneth Roshaun Reid v. United States District Court for the District of South Carolina |
Fourth Circuit |
2024-01-26 |
Dismissed |
Response WaivedIFP |
board-of-immigration-appeals child-status-protection-act criminal-procedure discretion discretionary-review fair-sentencing-act immigration-law plain-error priority-date retroactivity sentencing statutory-interpretation |
Question not identified. |
| 23-6597 |
Abraham Fagot Mejia v. Florida |
Florida |
2024-01-26 |
Denied |
IFP |
constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition jury-trial sixth-amendment |
Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-6564 |
Jerome M. Teats v. Brandon Watwood, Warden |
Sixth Circuit |
2024-01-25 |
Denied |
IFP |
collateral-proceeding collateral-review criminal-procedure due-process exhaustion-doctrine exhaustion-rule habeas-corpus martinez-rule martinez-v-ryan state-procedural-framework tennessee |
1. Did the decision in Martinez v Ryan 132 SCT 1309 require claims to be raised beyond the initial collateral proceeding for exhaustions purposes in T… |
| 23-6567 |
Jonathan David Wilke v. Wisconsin |
Wisconsin |
2024-01-25 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process forfeiture harmless-error lineup photo-array witness-identification |
1. The Wisconsin Court of Appeals held that Jonathan forfeited his argument about Detective
Dolan's and T.J.'s testimony about T.J.'s reaction to Jon… |
| 23-6573 |
Brenda Evers Andrew v. Tamika White, Warden |
Tenth Circuit |
2024-01-25 |
GVR |
Amici (3)Relisted (23)IFP |
criminal-procedure cumulative-error due-process gender-presentation gender-stereotyping miranda-rights miranda-violation motherhood prosecutorial-misconduct sex-based-stereotypes sexual-discrimination sexual-history |
1. Whether clearly established federal law as determined by this Court forbids
the prosecution's use of a woman's plainly irrelevant sexual history, g… |
| 23-6575 |
Racardo Jackson v. Ken Clark, Warden |
Ninth Circuit |
2024-01-25 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fifth-amendment impeachment miranda-warnings selective-silence self-incrimination |
This Court held in Miranda v. Arizona, 384 U.S. 486 (1966), [that a
suspect who is taken into custody has the right to remain silent, and it held
in D… |
| 23-6579 |
Jamaal A. Hameen v. United States |
Eleventh Circuit |
2024-01-25 |
GVR |
Relisted (3)IFP |
armed-career-criminal-act commerce-clause criminal-procedure drug-schedules federal-drug-schedules federal-firearm-offense firearm-offense prior-state-drug-offense sentencing-enhancement serious-drug-offense state-drug-offense |
L. Whether the "serious drug offense" definition in the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e)(2)(A)(i), incorporates the federal drug s… |
| 23-802 |
William Bembury v. Kentucky |
Kentucky |
2024-01-25 |
Denied |
Amici (2) |
backpack criminal-procedure evidence-seizure fourth-amendment luggage probable-cause purse search-incident-to-arrest warrant-requirement |
Does the exception to the Fourth Amendment's warrant requirement for searches incident to arrest permit a warrantless search of a backpack, purse, lug… |
| 23-6551 |
Steven McGauley v. Illinois |
Illinois |
2024-01-24 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure criminal-proceedings critical-stage due-process effective-assistance ineffective-assistance-of-counsel jury-bias right-to-counsel sixth-amendment standing |
Whether the trial court erred where the trial court denied McGauley's defense motion without weighing the potential for prejudice by other testimony o… |
| 23-6553 |
Danjuan Antonio McBride v. Virginia |
Virginia |
2024-01-24 |
Denied |
Response WaivedIFP |
acquittal criminal-procedure directed-verdict double-jeopardy fifth-amendment retrial |
Whether the Virginia Supreme Court erred when it held that Petitioner's Fifth Amendment right not to be put twice in Jeopardy was not violated when th… |
| 23-6557 |
Frank R. Stevenson v. Lynn Lilley, Superintendent, Eastern Correctional Facility |
Second Circuit |
2024-01-24 |
Denied |
Response WaivedIFP |
automatic-reversal constitutional-rights criminal-defense criminal-procedure due-process federal-law ineffective-assistance-of-counsel sixth-amendment structural-error unwanted-defense |
Whether the unconstitutionality of imposing an unwanted defense on the accused, over objection, has long been federally established and is a structura… |
| 23-6558 |
Freddie Quinn v. Florida |
Florida |
2024-01-24 |
Denied |
IFP |
constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition jury-trial sixth-amendment |
Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-6524 |
Lynn Richard Norton v. United States |
Sixth Circuit |
2024-01-23 |
Denied |
Response WaivedIFP |
armed-career-criminal crack-cocaine criminal-procedure drug-quantity due-process habeas-corpus ineffective-assistance obstruction-of-justice sentencing-enhancement sixth-amendment strickland-v-washington |
(1) Whether Defense Counsel Jessica McAfee Performance Was Ineffective Assistance Under Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.E… |
| 23-6532 |
Zerak Brown v. United States |
Eighth Circuit |
2024-01-23 |
Denied |
Response WaivedIFP |
6th-amendment assistance-of-counsel certiorari criminal-procedure criminal-prosecution due-process jurisdiction right-to-counsel sixth-amendment |
Did the Framers intend that, in a criminal prosecution, a defendant is entitled assistance of counsel, under the 6th Amendment, for "all criminal pros… |
| 23-6541 |
In Re Ronald Freeman |
|
2024-01-23 |
Denied |
IFP |
4th-amendment 5th-amendment civil-rights constitutional-rights criminal-law criminal-procedure drug-policy due-process federal-detention habeas-corpus marijuana-offense |
1. Whether being in federal "detention, " "custody " is a substantial denial of
Ronald Freeman 's constitutional right of liberty, without "sufficient… |
| 23-6542 |
Archie Cabello, aka Archibaldo Cabello, aka Archie Cabello, Jr., aka Archie P. Cabello, aka Arquimedes Cabello, aka Archie Palumbo v. United States |
Ninth Circuit |
2024-01-23 |
Dismissed |
Response WaivedIFP |
6th-amendment 6th-amendment-counsel constitutional-law criminal-procedure due-process ineffective-assistance-of-counsel judicial-review jurisdiction legal-jurisdiction prosecutorial-misconduct statutory-interpretation |
Question not identified. |
| 23-6544 |
In Re Mo Savoy Hicks |
|
2024-01-23 |
Denied |
IFP |
appellate-jurisdiction criminal-procedure due-process emotional-harm enhancement-factor miscarriage-of-justice prejudicial-variance sentencing-guidelines third-party-harm |
1. DOES THE MINNESOTA SENTENCING GUIDELINES ENHANCEMENT FACTOR 'PARTICULAR CRUELTY' IN RELYING ON EMOTIONAL HARM TO THIRD PARTIES INSTEAD OF CONDUCT E… |
| 23-6546 |
Paul R. Hansmeier v. United States |
Eighth Circuit |
2024-01-23 |
Denied |
Response WaivedIFP |
appellate-review circuit-split constitutional-rights criminal-procedure due-process federal-jurisdiction habeas-corpus rule-of-lenity sentencing statutory-interpretation supreme-court-jurisdiction |
Whether an indictment that alleges only a non-offense or that accepts a plea to conduct falling outside the scope of a federal mail or wire fraud stat… |
| 23-6547 |
Billy J. Seabolt v. United States |
Fourth Circuit |
2024-01-23 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process fair-trial jury-instructions jury-trial legal-interpretation prosecutorial-conduct prosecutorial-misconduct right-to-a-fair-trial speedy-trial |
Is n a Or fS cleanly '*)■hrf'ai Me. ic/fen J Ury a ciiS^feSSeJ SikuaH&s? cturfoty a i°iy fr'iCii) Cl/)of; fkey Conk fad lor fhemseineL iky anj Hof <y … |
| 23A680 |
Robert J. Rice v. United States |
Third Circuit |
2024-01-23 |
Presumed Complete |
|
criminal-procedure federal-appeal incarceration legal-review third-circuit writ-of-certiorari |
Question not identified. |
| 23-6527 |
Jermaine Anderson, Jr. v. Florida |
Florida |
2024-01-22 |
Denied |
IFP |
constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition sixth-amendment trial-by-jury |
Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-6490 |
Johnny Patterson v. Florida |
Florida |
2024-01-18 |
Denied |
Response WaivedIFP |
14th-amendment 5th-amendment constitutional-rights criminal-procedure due-process florida-constitution judgment-of-acquittal procedural-due-process |
I. Did the court violate Petitioner Johnny Patterson procedural due process rights under the 5th and 14th Amendments under the U.S. Constitution and A… |
| 23-6506 |
Alpheus Elite Hamilton v. Arizona |
Arizona |
2024-01-18 |
Denied |
IFP |
14th-amendment 5th-amendment constitutional-violation criminal-procedure dna-evidence due-process false-evidence miller-v-pate prosecutorial-misconduct |
Did the State of Arizona violate the Due Process Clause when its prosecutor presented knowing use of false evidence to the jury as in Miller v. Pate, … |
| 23-6510 |
In Re Theodore C. Shove |
|
2024-01-18 |
Dismissed |
Relisted (2)IFP |
civil-rights constitutional-violation criminal-procedure due-process evidence judicial-misconduct judicial-review legal-evidence oath-of-office standing trial-procedure |
1 Based upon Certified Trial Court Record No Legal Search or Arrest
Warrants, or Returns of Any Evidence Exists, How can there be an
Appealable Judg… |
| 23-6514 |
Tiffany Janis v. United States |
Eighth Circuit |
2024-01-18 |
Denied |
Response WaivedIFP |
18-usc-1 18-usc-924 criminal-law criminal-procedure federal-criminal-law federal-murder-statute force-clause sentencing-enhancement statutory-interpretation violent-crime |
Whether federal second-degree murder in violation of
18 U.S.C. § 1(a) qualifies as a "crime of violence"
under the force clause in 18 U.S.C. § 924(c)(… |
| 23A661 |
Andrew Tablack v. United States |
Third Circuit |
2024-01-18 |
Presumed Complete |
|
controlled-substance criminal-procedure drug-indictment federal-crime scheduling statutory-interpretation |
Question not identified. |
| 23A657 |
Pedro Rodriguez v. Jeff Macomber, Secretary, California Department of Corrections and Rehabilitation |
Ninth Circuit |
2024-01-17 |
Presumed Complete |
|
constitutional-violation criminal-procedure due-process fair-trial post-conviction sentencing-claim |
Question not identified. |
| 23-6484 |
Miguel Angel Sanchez-Delgado v. United States |
Fifth Circuit |
2024-01-17 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum |
Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 23-6488 |
Juan Garcia-Bertadillo v. United States |
Fifth Circuit |
2024-01-17 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum |
Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 23-6489 |
Robert E. Harrison v. United States |
Eighth Circuit |
2024-01-17 |
Denied |
Response WaivedIFP |
circuit-split criminal-procedure evidence evidence-admissibility intent-knowledge prior-bad-acts prior-conviction propensity-evidence rule-404(b) rule-404b statutory-interpretation supreme-court |
1. Are prior gun possession convictions admissible under Rule 404(b) to prove knowing or intentional gun possession on a later date when the governmen… |
| 23-6496 |
Irvin Harris Johnson v. United States |
District of Columbia |
2024-01-17 |
Denied |
IFP |
attorney-client-privilege criminal-procedure evidence-seizure prejudice pretrial-detention right-to-counsel sixth-amendment trial-evidence work-product-doctrine work-product-privilege |
While Petitioner Irvin Johnson was in jail awaiting trial for murder, he reviewed the police affidavit from his arrest, taking notes on questions and … |
| 23-6497 |
Alex Marquez v. Tim Garrett, Warden, et al. |
Ninth Circuit |
2024-01-17 |
Denied |
IFP |
constitutional-rights criminal-procedure fifth-amendment habeas-corpus ineffective-assistance-of-counsel ineffective-counsel involuntary-confession miranda-warning ninth-circuit |
1. Did the Ninth Circuit err when Alex Marquez made a substantial showing of the denial of a constitutional right as to an inadequate Miranda warning … |
| 23-6499 |
Pete Manning v. United States |
Third Circuit |
2024-01-17 |
Denied |
Response WaivedIFP |
circuit-split controlled-substance criminal-procedure drug-schedules federal-law federal-sentencing sentencing-guidelines state-law time-of-consequences time-of-conviction |
In federal sentencing, the U.S. Sentencing Guidelines typically call for a higher advisory Guidelines range if the defendant has been convicted of a p… |
| 23-6502 |
Marwan Lamar Lamb v. United States |
Sixth Circuit |
2024-01-17 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process judicial-finding preponderance-of-evidence preponderance-of-the-evidence sentencing-guidelines trial-by-jury |
Does nearly doubling a defendant's Guidelines sentence range based on a judge's finding by a preponderance of the evidence that the defendant committe… |
| 23-6503 |
David Rivera v. United States |
Ninth Circuit |
2024-01-17 |
Denied |
Response WaivedIFP |
circuit-split civil-rights criminal-procedure due-process free-speech fundamental-rights pretrial-claims prosecutorial-discretion prosecutorial-vindictiveness standing |
When a defendant presents strong circumstantial evidence of possible vindictiveness beyond mere correlation, can a presumption of vindictiveness arise… |
| 23-6476 |
Phillip Thomas Green v. United States |
Sixth Circuit |
2024-01-12 |
Denied |
Response WaivedIFP |
advisory-guidelines appellate-review constitutional-law criminal-procedure due-process federal-sentencing presumption-of-reasonableness rebuttal sentencing-guidelines |
With the understanding that federal sentences are accompanied by a presumption of reasonableness if they fall within a properly calculated advisory gu… |
| 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 |
In Giles v. California, 554 U.S. 353, 128 S. Ct. 2678, 171 L. Ed. 2d 488 (2008), this Court recognized the common law exception to the Confrontation C… |
| 23-6482 |
Christopher J. Barnett v. Oklahoma |
Oklahoma |
2024-01-12 |
Denied |
IFP |
appellate-review brady-rule constitutional-provisions conviction-integrity criminal-procedure due-process judicial-process legal-jurisdiction petition-review prosecutorial-misconduct supreme-court-procedure writ-of-certiorari |
MAY A COURT ENFORCE BRADY AND NAPUE VIOLATIONS THAT JEOPARDIZE A DEFENDANT'S RIGHT TO A FAIR TRIAL AND DOES THE BRADY/NAPUE ISSUES ARISE WHEN A CHANGE… |
| 23-6458 |
Mario Astudillo-Herrera v. United States |
Fifth Circuit |
2024-01-11 |
Denied |
Response WaivedIFP |
constitutional-law court-of-appeals criminal-procedure due-process judicial-review jury-trial legal-precedent sentencing supreme-court supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-6459 |
Alan Osterhoudt, Jr. v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2024-01-11 |
Denied |
Response WaivedIFP |
28-usc-2253 5th-amendment certificate-of-appealability court-of-appeals criminal-procedure fifth-amendment law-enforcement-comment mistrial-motion self-incrimination |
Whether the court of appeals improperly denied the Petitioner a certificate of appealability under 28 U.S.C. § 2253(c) on his claim that his Fifth Ame… |
| 23-6460 |
Richard C. Duerson v. United States |
Sixth Circuit |
2024-01-11 |
Denied |
Response WaivedIFP |
conspiracy criminal-procedure due-process effective-assistance-of-counsel ineffective-assistance-of-counsel manifest-injustice newly-discovered-evidence pro-se rule-33 sixth-amendment supervisory-power |
1. Given that Rule 33 of the Federal Criminal Rules of Procedure
allows a court discretion to grant a new trial if the interest
of justice require, … |
| 23-6461 |
Luis Armando Jimenez v. United States |
Ninth Circuit |
2024-01-11 |
Denied |
Response WaivedIFP |
appellate-review circuit-split criminal-procedure due-process federal-criminal-justice federal-sentencing guidelines judicial-discretion sentencing sentencing-guidelines |
Under Rita v. United States, 551 U.S. 338 (2007), can a district court at sentencing ignore a party's nonfrivolous arguments for a greater or lesser s… |
| 23-6468 |
Omar A. Rahman v. Pennsylvania |
Pennsylvania |
2024-01-11 |
Denied |
Response WaivedIFP |
constitutional-provisions criminal-procedure due-process evidence pennsylvania-superior-court right-to-counsel right-to-defense search-and-seizure suppression-of-evidence unlawful-arrest witness-testimony |
Whether the Pennsylvania Superior Court's decision, affirming the denial of Petitioner's suppression of physical evidence claim, conflicts with the de… |
| 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 misapplie d this Court's holding in Zafiro
v. Unit ed States, 506 U.S. 534, 113 S.Ct. 933 (1993), and the
require ments of Ru… |
| 23-6452 |
Shannon R. Thomas v. United States |
Eighth Circuit |
2024-01-10 |
Denied |
Response WaivedRelisted (2)IFP |
compassionate-release criminal-procedure federal-sentencing first-step-act jurisdiction jurisdictional-challenge retroactivity sentencing statutory-interpretation |
~T rx necson \\ YjL. 4V-< l peY\Vov\e,r do noV qut^V^y ©f VkiV under We AVH (£j(2J((l) penoVV/ enVc^n^emenV ccoa . VWe —'O irsvrVuV Ooudc, sV\VY covwi… |
| 23-6453 |
James David Welton v. United States |
Eighth Circuit |
2024-01-10 |
Denied |
Response WaivedIFP |
circuit-court civil-rights criminal-procedure due-process habeas-corpus maximum-sentence petition-review procedural-challenge sentencing state-court-conviction supervised-release supreme-court-review |
Whether the court should grant the writ to resolve a circuit split as to whether the sentence of supervised release must be counted with a 10 year max… |
| 23-6438 |
Jean Jocelyn Merilien v. Andrew McFarlane, Warden, et al. |
Eleventh Circuit |
2024-01-09 |
Denied |
Response WaivedIFP |
civil-procedure civil-rights constitutional-rights criminal-procedure due-process exculpatory-evidence exhaustion habeas-corpus prosecutorial-misconduct standing trial-disclosure |
Question not identified. |
| 23-6446 |
William Riley Gaul v. Tennessee |
Tennessee |
2024-01-09 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure double-jeopardy judicial-relief jury-instructions jury-verdict logical-inconsistency multiple-count-presentment mutually-exclusive-verdicts powell-v-texas sufficiency-of-evidence |
Whether a jury's positive finding of guilt in one count of a multiple count presentment is mutually exclusive from its illogical, but positive finding… |
| 23A632 |
Carlos Guardado v. Massachusetts |
Massachusetts |
2024-01-09 |
Presumed Complete |
|
criminal-procedure double-jeopardy legal-development retrial second-amendment sufficiency-of-evidence |
Whether there is an exception to this Court's holding in Burks v. United States, 437 U.S. 1, 11 (1978), when there was a change in the law as to the e… |
| 23-6425 |
Christopher Daniel Taylor v. United States |
Eighth Circuit |
2024-01-08 |
Denied |
Response WaivedRelisted (2)IFP |
brady-v-maryland brady-waiver criminal-procedure criminal-proceedings direct-appeal due-process fifth-amendment plea-agreement sentencing sentencing-phase |
Whether the Fifth Amendment's Due Process Clause permits courts to find a plea agreement waiver that is silent as to Brady v. Maryland, 373 U.S. 83 (1… |
| 23-6430 |
Nicholas Dwayne Jones v. United States |
Eighth Circuit |
2024-01-08 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process ex-parte fifth-amendment fourth-amendment search-warrant truthfulness |
Does a defendant in a criminal proceeding, still retain the right under the Fourth and Fourteenth Amendment under the United States Constitution, subs… |
| 23-6433 |
Rico Lorodge Brown v. United States |
Fourth Circuit |
2024-01-08 |
GVR |
Relisted (2)IFP |
armed-career-criminal-act constitutional-amendment criminal-law criminal-procedure due-process fifth-amendment indictment jury-finding sentencing sixth-amendment statutory-interpretation statutory-penalty |
The Armed Career Criminal Act imposes heightened statutory penalties if a defendant convicted of an offense under 18 U.S.C. § 922(g) has three prior c… |
| 23-6434 |
Pascal Gedeon v. United States District Court for the Eastern District of Pennsylvania |
Third Circuit |
2024-01-08 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure due-process equal-protection fourth-amendment judicial-discretion mandamus pretrial-motions speedy-trial-act vagueness |
1) Will delay resulting from pretrial motions be excluded under the Speedy Trial Act if a defendant can assert that the motion hearing was deliberatel… |
| 23-6435 |
Norman Williams v. Colorado Department of Corrections Time Computation Department, et al. |
Colorado |
2024-01-08 |
Denied |
Response WaivedIFP |
colorado-dept-of-corrections conviction-classification criminal-procedure due-process non-categorical-approach prior-convictions sentence-enhancement sentencing-enhancement time-computation violent-crime |
1) In light of this Court's holdings in Johnson v. U.S 135 S. Ct. 2551, 2563 (2015), does § 17-22.5-403 C.R.S. violate Mr. Williams' and other similar… |
| 23-6441 |
Marc Hernandez v. United States |
Third Circuit |
2024-01-08 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure federal-rules-of-criminal-procedure integrity-of-courts judicial-integrity plain-error structural-error substantial-rights |
1. The district court excluded the public, including family members, from the
courtroom for the entirety of jury selection. Petitioner's counsel faile… |
| 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 |
Petitioner Orlando Burgos was deprived of his Confrontation Clause right to cross-examine his accuser—the key prosecution witness—that he received a b… |
| 23-6422 |
Raymond J. Kraynak v. United States |
Third Circuit |
2024-01-05 |
Denied |
Response WaivedIFP |
abuse-of-discretion criminal-procedure due-process fair-and-just-reason guilty-plea judicial-review plea-bargaining plea-withdrawal sentencing trial-court-discretion withdrawal-of-plea |
I. Whether Petitioner has sufficiently shown a fair and just reason for requesting withdrawal of his guilty plea such that the trial court shall grant… |
| 23-6415 |
Christian Cruz v. Florida |
Florida |
2024-01-05 |
Denied |
IFP |
capital-case capital-punishment criminal-procedure death-penalty due-process equal-protection first-degree-murder pulley-v-harris relative-culpability sentencing supreme-court-review |
WHETHER THE AFFIRMANCE BY THE SUPREME COURT OF THE STATE OF FLORIDA OF DEFENDANT'S CONVICTION FOR FIRST DEGREE MURDER AND SENTENCE OF DEATH WAS CLEARL… |
| 23-6417 |
Ralph Hall v. New York |
New York |
2024-01-05 |
Denied |
IFP |
civil-rights compelled-speech constitutional-rights criminal-procedure due-process first-amendment free-speech government-speech prosecutorial-discretion sentencing |
Question not identified. |
| 23-6410 |
Pedro Pena-Talamantes v. United States |
Fifth Circuit |
2024-01-04 |
Denied |
Response WaivedIFP |
criminal-procedure due-process indictment jury-trial prior-conviction prior-convictions sentencing statutory-maximum |
Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 23-6411 |
Gilberto Salvador Cortez-Garcia v. United States |
Fifth Circuit |
2024-01-04 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-indictment criminal-procedure defendant-rights due-process jury-determination jury-trial prior-convictions sentencing sentencing-enhancement statutory-maximum |
Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 23-6412 |
Jose Eugenio Pavon-Rivera v. United States |
Fifth Circuit |
2024-01-04 |
Denied |
Response WaivedIFP |
criminal-procedure due-process indictment jury-trial prior-convictions sentencing sentencing-enhancement statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 23-6413 |
Donald Bill Smith v. United States |
Eighth Circuit |
2024-01-04 |
Denied |
Response WaivedIFP |
18-usc-1512 burden-of-proof circuit-split criminal-procedure criminal-statute drug-conspiracy mens-rea official-proceeding witness-tampering |
1. Whether the witness tampering resulting in death statute, 18 U.S.C. §§1512(a)(1)(A) and (k), requires the Government to prove beyond a reasonable d… |
| 23-6402 |
Vidal Orellana-Sibrian v. United States |
Fifth Circuit |
2024-01-03 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum |
Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 23-6404 |
Jamar Hunter v. United States |
Third Circuit |
2024-01-03 |
Denied |
Response WaivedIFP |
appellate-review circuit-court-review constitutional-law constitutional-violation criminal-procedure exclusionary-rule fourth-amendment search-and-seizure suppression-of-evidence |
1. Was the Third Circuit's reversal of Petitioner's suppression of
evidence in violation of the Fourth Amendment of the United States
Constitution? |
| 23-6405 |
Brian K. Allen v. United States |
Eighth Circuit |
2024-01-03 |
Denied |
Response WaivedIFP |
appeal-waiver criminal-procedure due-process evidentiary-hearing federal-circuit fundamental-rights plea-agreement sentencing sentencing-procedure |
1. Whether the near consensus Federal Circuit Courts of Appeals'
application of plea agreement appeal waivers as to subsequent
sentencing proceedings,… |
| 23-6406 |
Jamal Eberhardt v. United States |
Third Circuit |
2024-01-03 |
Denied |
Response WaivedIFP |
appellate-review circuit-court-standard criminal-procedure due-process excessive-sentence judicial-discretion reasonableness-standard sentencing sentencing-guidelines sentencing-review third-circuit |
1. Did the Third Circuit error by not finding Mr. Eberhardt's sentence was harsh and excessive. |
| 23-6408 |
Jade LaRoche v. United States |
Eighth Circuit |
2024-01-03 |
Denied |
Response WaivedIFP |
acquitted-conduct criminal-procedure double-jeopardy due-process fifth-amendment sentencing sixth-amendment |
Whether the use of acquitted conduct to determine a
defendant's sentence violates the Fifth and Sixth
Amendments. |
| 23A613 |
Michael Jonathon Carlson v. Arizona |
Arizona |
2024-01-03 |
Presumed Complete |
|
capital-case constitutional-error criminal-procedure fair-trial postconviction-relief supreme-court-review |
Question not identified. |
| 23A619 |
Steven Antonius, aka Sealed Defendant 1, Shervington Lovell, aka Sealed Defendant 1, Argemiro Zapata-Castro, aka Sealed Defendant 1 v. United States |
Second Circuit |
2024-01-03 |
Presumed Complete |
|
criminal-procedure ineffective-assistance notice-of-appeal procedural-default right-to-counsel sixth-amendment |
Question not identified. |
| 23-6401 |
Wayne Johnson v. Contra Costa County Clerk Recorder, et al. |
Ninth Circuit |
2024-01-02 |
Denied |
Response WaivedIFP |
administrative-misconduct civil-rights court-immunity court-reporter criminal-procedure defendant-rights due-process immunity judicial-proceedings procedural-error standing state-court |
Whether a court reporter in a state criminal action is entitled to immunity for failing to record objections made by parties in a criminal preceding t… |
| 23-6396 |
Eleuterio Covarrubias-Martinez v. United States |
Fifth Circuit |
2023-12-29 |
Denied |
Response WaivedIFP |
constitutional-analysis constitutional-law criminal-law criminal-procedure due-process judicial-precedent precedent precedent-overruling sentencing statutory-interpretation supreme-court-review |
Whether the Court should overrule Almendarez-Torres v. United States, 523 U.S. 224 (1998). |
| 23-6397 |
Jaime Rivera v. United States |
Second Circuit |
2023-12-29 |
Denied |
Response WaivedIFP |
18-usc-924 circuit-split criminal-law criminal-procedure federal-statute force physical-force physical-inaction statutory-interpretation |
Whether a crime of physical inaction ever "has as an element the use, attempted use, or threatened use of physical force against the person or propert… |
| 23-6377 |
Ryan F. Duncan v. Florida Commission on Offender Review |
Florida |
2023-12-28 |
Denied |
IFP |
5th-amendment constitutional-rights criminal-procedure double-jeopardy due-process equal-protection judicial-discretion prior-conviction sentencing sentencing-enhancement |
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CoAt^WA0*V\\ \mrNUsmVv^ lA SecuT^A GlAAaAQV SVc3e_
acAc/v^s Uvyier -Wul \A^ /WW^er^'s or \ 0Ar-\iA… |
| 23-6378 |
Gilmer Diaz-Jaramillo v. United States |
First Circuit |
2023-12-28 |
Denied |
Response WaivedIFP |
criminal-jurisdiction criminal-procedure define-and-punish-clause due-process felony-on-high-seas foreign-nationals interlocutory-review maritime-drug-enforcement maritime-law standing subject-matter-jurisdiction |
Whether denial of a pretrial challenge to the court's subject matter jurisdiction under the Maritime Drug Enforcement Law warrants interlocutory revie… |
| 23-6385 |
Alfonso Garcia-Vela v. United States |
Fifth Circuit |
2023-12-28 |
Denied |
Response WaivedIFP |
almendarez-torres burden-of-proof criminal-procedure due-process indictment jury-trial prior-conviction prior-convictions sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 23-6386 |
Michael Andrew King, Jr. v. United States |
Fourth Circuit |
2023-12-28 |
Denied |
Response WaivedIFP |
appellate-review credibility-determination criminal-procedure due-process due-process-rights evidence jury-instructions jury-trial mask-obstruction witness-credibility witness-testimony |
Whether an appellate court's traditional deference to credibility determinations made by jurors in returning a guilty verdict should give way where th… |
| 23-6387 |
Montgomery Lebeau v. United States |
Eighth Circuit |
2023-12-28 |
Denied |
Response WaivedIFP |
anticipated-imprisonment concurrent-sentence concurrent-sentences criminal-procedure federal-sentencing judicial-interpretation same-incident sentencing-guidelines state-charges ussg-5g1.3(c) |
When a state term of imprisonment is anticipated to result from another offense that is relevant conduct to the federal offense of conviction, the Fed… |
| 23-6388 |
Christopher J. Barnett v. David Guten, District Judge, District Court of Tulsa County, Oklahoma |
Oklahoma |
2023-12-28 |
Denied |
IFP |
access-to-courts civil-rights constitutional-rights criminal-procedure due-process habeas-corpus indigent-pro-se ineffective-assistance judicial-bias post-conviction-relief standing |
Question not identified. |
| 23-6392 |
Phillip Watkins v. United States |
Sixth Circuit |
2023-12-28 |
Denied |
Response WaivedIFP |
abuse-of-discretion criminal-procedure due-process evidentiary-hearing guilty-plea ineffective-assistance ineffective-assistance-of-counsel plea-agreement sentencing-enhancement sixth-amendment |
QUESTON NUMBER ONE;
Whether the Sixth Circuit abused its discretion by affirming the
district court's failure to conduct an Evidentiary Hearing regar… |
| 23-6394 |
Andrew Tablack v. United States |
Third Circuit |
2023-12-28 |
Denied |
Response WaivedIFP |
21-usc-841 controlled-substance controlled-substances criminal-law criminal-procedure drug-offense federal-statute indictment indictment-defect scheduling statutory-interpretation |
Is there a legal element in 21 U.S.C. §811(2)(G) that requires the "drug named" in the indictment to be listed as the controlled substance analogues?
… |
| 23-6354 |
Devonte Easterling, aka Devontae Easterling v. Mississippi |
Mississippi |
2023-12-27 |
Denied |
Response WaivedRelisted (2)IFP |
civil-rights criminal-procedure due-process evidence habeas-corpus ineffective-assistance-of-counsel |
jV 1 fK<_uJ) f ■nf c l 2. Oer |
| 23-6355 |
Allan Leslie Sinanan, Jr. v. Pennsylvania |
Pennsylvania |
2023-12-27 |
Denied |
IFP |
article-1-section-8 criminal-procedure drug-buys dunaway-v-new-york fourth-amendment probable-cause strickland-standard terry-stop terry-v-ohio warrantless-arrest |
WHETHER THE PENNSYLVANIA JUDICIARY'S APPLICATION OF THE Strickland/Pierce
STANDARD WAS UNREASONABLE, WHERE TRIAL COUNSEL FAILED TO LITIGATE VIOLATIONS… |
| 23-6356 |
Mohammad Sharifi v. Alabama |
Alabama |
2023-12-27 |
Denied |
Relisted (2)IFP |
actual-innocent armed-evidence constitutional-search criminal-procedure direct-evidence due-process evidence-admissibility forensic-evidence fourth-amendment police-misconduct reasonable-doubt trial-judge |
Question not identified. |
| 23-6358 |
Devadrick Markevin Booker v. United States |
Fifth Circuit |
2023-12-27 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-trial due-process jury-instructions prosecutorial-evidence reasonable-doubt standard-of-review sufficiency-of-evidence |
Whether the district court erred by finding that the prosecution produced sufficient evidence at trial for a reasonable jury to return guilty verdicts… |
| 23-6359 |
Davin Chaz Nevins v. United States |
Fifth Circuit |
2023-12-27 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure due-process sentencing sixth-amendment supervised-release |
Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments? |
| 23-6360 |
In Re Burt Setts |
|
2023-12-27 |
Dismissed |
Relisted (2)IFP |
5th-amendment capital-conviction civil-rights constitutional-rights criminal-procedure due-process grand-jury indictment |
Whether Petitioner was denied the right to a capital conviction without a Grand Jury's indictment, under the U.S.C., 5th Amendment, violating due proc… |
| 23-6364 |
Luis Guridi v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Florida |
2023-12-27 |
Denied |
IFP |
administrative-law civil-rights constitutional-law criminal-procedure due-process habeas-corpus judicial-review legal-procedure sentencing statutory-interpretation |
Question not identified. |
| 23-6368 |
In Re Damion Hardy |
|
2023-12-27 |
Denied |
Response WaivedIFP |
civil-procedure civil-rights criminal-procedure due-process jurisdiction legal-document petition standing supreme-court writ-of-certiorari |
Question not identified. |
| 23-6369 |
Joseph R. Cyr v. Steven Harpe, Director, Oklahoma Department of Corrections |
Tenth Circuit |
2023-12-27 |
Denied |
Relisted (2)IFP |
burden-of-proof conclusive-presumption criminal-procedure due-process jury-instructions malice-aforethought sandstrom-standard sandstrom-v-montana |
Whether the trial court's charge to Petitioner's jury violate his Due Process rights as articulated in Sandstrom v. Montana, 442 U.S. 510 (1979), beca… |
| 23-692 |
Zachariah Minix v. Kentucky |
Kentucky |
2023-12-27 |
Denied |
Response Waived |
abuse-of-discretion criminal-procedure cruel-and-unusual-punishment due-process eighth-amendment fifth-amendment parole-eligibility plea-agreement plea-withdrawal |
Petitioner, Zachariah M. Minix (Minix), appeals as a matter of right from an Adair County Circuit Court Judgment and Sentence on Plea of Guilty that i… |
| 23-693 |
Yi-Chi Shih, aka Yugi Shi, aka Yichi Shih v. United States |
Ninth Circuit |
2023-12-27 |
Denied |
Response Waived |
administrative-law agency-interpretation criminal-law criminal-procedure deference export-controls regulatory-interpretation skidmore-deference technical-regulations |
The question presented is whether district courts may, under Skidmore, give deference to an agency's interpretation of its own technical regulations w… |
| 23-6341 |
Tramaine Edward Martin v. Jay Forshey, Warden |
Sixth Circuit |
2023-12-26 |
Denied |
Response WaivedIFP |
abuse-of-process civil-rights criminal-procedure double-jeopardy due-process evidence evidence-sufficiency habeas-corpus judicial-misconduct |
1. Does habeas corpus stand to correct the abuse of process involved in deliberate deception of a court by presentation of known false evidence?
2. D… |
| 23-6342 |
Ya-Sin El-Amin Shakir v. Tina Walker, Superintendent, State Correctional Institution at Fayette, et al. |
Third Circuit |
2023-12-26 |
Denied |
IFP |
appellate-review burden-of-proof constitutional-rights criminal-procedure due-process evidence-review jury-finding mental-health sufficiency-of-evidence |
1. IS Fusils A MENTAL. ku£ PitoceTS V/»lATgi uiHfsl A JvKS'l
FiMb/toc. Gvilt is uprtetbk r^£ &Ec&»jLb AEMe^s-rtATCj
MfuFn £isit ts//i£wc£, 7 |
| 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 |
1. Is the right to confrontation violated when inculpatory letters,
turned over to the People by a non-testifying witness, admitted
into evidence wit… |
| 23-6344 |
Michael Broomer v. Delaware |
Delaware |
2023-12-26 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure due-process exculpatory-evidence fair-trial ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct racial-discrimination sixth-amendment trial-counsel |
Under U.S. Constitution Amendment(s) 4 and/or 5, and/or 14, does defendant have a right to due process? Was my right(s) violated?
Under US Constituti… |
| 23-6346 |
Walter Freeman Jordan, III v. United States |
Fifth Circuit |
2023-12-26 |
Denied |
Response WaivedIFP |
case-law criminal-procedure due-process federal-appeal habeas-corpus ineffective-assistance-of-counsel judicial-review legal-petition sentencing sixth-amendment supreme-court writ-of-certiorari |
Question not identified. |
| 23-6348 |
Danial Leanos v. Illinois |
Illinois |
2023-12-26 |
Denied |
Response WaivedIFP |
confession confidentiality constitutional-rights criminal-procedure due-process interrogation interrogation-tactics miranda-rights suspect-waiver totality-of-circumstances |
Should an interrogator's promise of confidentiality invalidate a suspect's Miranda waiver only if it immediately induces them to confess, or should it… |
| 23-6351 |
Jerome Terry, Jr. v. United States |
Ninth Circuit |
2023-12-26 |
Denied |
Response WaivedIFP |
criminal-procedure district-court due-process jurisdiction jurisdictional-defect ninth-circuit notice sentencing sentencing-departure upward-departure waiver |
Whether the Ninth Circuit erred in dismissing the appeal when the district court failed to give notice of its intent to depart upwards 147 months and … |
| 23-6352 |
LaDerrius Williams v. Illinois |
Illinois |
2023-12-26 |
Denied |
Response WaivedIFP |
4th-amendment civil-rights criminal-arrest criminal-procedure due-process owner-driver-inference probable-cause reasonable-suspicion search-and-seizure traffic-stop vehicle-ownership |
Whether Glover's owner-driver inference constitutes, not only reasonable suspicion to initiate a traffic stop of a motorist if the police have reason … |
| 23-6330 |
Raymond Ghaloustian v. United States |
Ninth Circuit |
2023-12-22 |
Denied |
Response WaivedIFP |
appeal appellate-procedure criminal-procedure due-process exclusionary-rule harmless-error harrison-v-united-states miranda-rights miranda-warning opening-brief |
The Court has held that where a defendant's statements are admitted in the Government's case-in-chief in violation of Miranda v. State of Arizona, 384… |
| 23-6332 |
Antonio Misael Rivera-Lopez v. United States |
Fifth Circuit |
2023-12-22 |
Denied |
Response WaivedIFP |
appellate-procedure case-law circuit-split criminal-procedure harmless-error judicial-review legal-precedent precedent procedural-error sentencing standard-of-review |
Whether Holguin-Hernandez v. United States, __U.S.__, 140 S.Ct. 762 (2020), applies to claims of procedural error? |
| 23-6333 |
Nora Gilda Guevara Triana v. United States |
Eighth Circuit |
2023-12-22 |
Denied |
Response WaivedIFP |
criminal-procedure due-process eighth-circuit evidence-rule fair-trial rule-of-completeness special-verdict standard-of-review supreme-court-precedent u.s.-v.-griffin |
1. Whether the Eighth Circuit Court's failure to follow this Court's precedence in U.S. v. Griffin, 502 U.S. 46 (1991) and Turner v. U.S., 396 U.S. 39… |
| 23-6335 |
Devonne L. Walker v. United States |
Eleventh Circuit |
2023-12-22 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-leadership criminal-organization criminal-procedure criminal-sentencing firearm-possession guideline-enhancement leadership sentencing-guidelines sentencing-review |
1) Whether the lower court erred in applying a 4-level increase pursuant to U.S.S.G. Guideline § 3B1.1(a) in determining the Petitioner to be an organ… |
| 23-6339 |
Juan Guzman, aka Juan Villarreal-Guzman, aka Juan Guzman-Villareal, aka Victor Nava, aka Francisco Lara, aka Francisco Lara-Paramo, aka Ayala Ramoro, aka Carlos Solorio, aka Daniel Solorio, aka Flaco v. United States |
Eighth Circuit |
2023-12-22 |
Denied |
Response WaivedIFP |
abuse-of-discretion assault-with-a-firearm criminal-procedure district-court district-court-discretion evidence-admission firearm-possession prior-allegation prior-bad-acts sixth-circuit |
Does a District Court prejudicially abuse its discretion in a firearm possession case, as previously found by the Sixth Circuit, when that District Co… |
| 23-6320 |
Santiago Salazar-Ramirez v. United States |
Fifth Circuit |
2023-12-21 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 23-6323 |
Ryan F. Duncan v. Florida |
Florida |
2023-12-21 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process identification-evidence mandatory-minimum parole photo-array plea-bargaining sentencing witness-testimony |
I. Does (x. \t\&\ CUjurV c\. c*\<nvrwOi &&£erAdn\r cP di/ve. process ujWexA (\tde^Mf\c^ (x. o^aAVm pk^ u)^<mV v^ftAin^ -\h(y*\ dootxV (k. vmc,d{*Wu ■V… |
| 23-6325 |
James E. Downs v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Florida |
2023-12-21 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure due-process equal-protection florida-statute habitual-offender sentencing sentencing-guidelines |
UNDER THE UNITED STATES CONSTITUTIONS (4) (0), (¢ )e 14 AMENDMENTS) CAN THE CLNEMS BEING PRESENTED HEREIN DETERMINE WHETHER OR NOT MANIFEST WSUSTSECCE… |
| 23-6308 |
Ariel Garcia-Pelico v. Nebraska |
Nebraska |
2023-12-20 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel investigative-procedures judicial-discretion motion-to-reopen procedural-fairness sixth-amendment strickland-v-washington |
1. x tOeutb L\Wc Tb (Rented. or. nIot ^\al Onset's Actu^s f&L 'Betbuo Thl DA v. 0& n!i<- ?
2. X wool5 U\ce 1o f4/^ kftterH6t o/i Mot CouzJSaA Actions… |
| 23-666 |
James T. Cunningham v. United States |
Armed Forces |
2023-12-20 |
Denied |
|
court-martial criminal-procedure due-process military-justice non-unanimous-verdict prejudice-test sentencing unanimous-verdict victim-impact-statement |
I.
Whether Senior Airman James T. Cunningham was
entitled to a unanimous verdict in his court-martial
when the Government convicted him of murder—a
se… |
| 23A566 |
Areli Escobar v. Texas |
Texas |
2023-12-19 |
Presumed Complete |
|
constitutional-rights criminal-procedure dna-evidence due-process forensic-science scientific-reliability |
Question not identified. |
| 23-6304 |
Onterrious V. Tillman v. Florida |
Florida |
2023-12-19 |
Denied |
Relisted (5)IFP |
constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition jury-trial sixth-amendment |
Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-6281 |
Laquince T. Hogan v. Dexter Payne, Director, Arkansas Division of Correction |
Arkansas |
2023-12-18 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process fifth-amendment fourteenth-amendment habeas-corpus oral-amendment sixth-amendment uncharged-offense |
1. Whether the Arkansas Supreme Court denied Mr. Hogan due process of law under the Fifth, Sixth and Fourteenth Amendments, in acknowledging that Mr. … |
| 23-6283 |
Stacy Anthony Mitchell v. Arkansas |
Arkansas |
2023-12-18 |
Denied |
Response WaivedIFP |
choice-of-counsel constitutional-rights criminal-procedure due-process indigent-defendant right-to-counsel sixth-amendment trial-court-discretion |
Does a trial court's denial of an indigent criminal defendant's choice of privately retained counsel, who is ready, willing, and able to proceed to tr… |
| 23-6289 |
Wisben Sanon v. Florida |
Florida |
2023-12-18 |
Denied |
Relisted (5)IFP |
constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition sixth-amendment trial-by-jury |
Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-6293 |
Shallon Hawkins v. David Vandergriff, Warden |
Eighth Circuit |
2023-12-18 |
Denied |
Relisted (2)IFP |
actual-innocence civil-rights criminal-procedure due-process evidence-admissibility habeas-corpus ineffective-assistance-of-counsel motion-to-suppress newly-discovered-evidence prosecutorial-misconduct trial-court |
Did the United States District Court error, by denying my Claims for procedural defaultier tl rue thon, under Nociner, Glenn furstamental Fcnesy Vewly… |
| 23-6297 |
Kevin Hewlett v. United States |
Fourth Circuit |
2023-12-18 |
Denied |
Response WaivedIFP |
18-usc-2251 cellphone-evidence child-pornography commerce-clause criminal-conduct criminal-law criminal-procedure interstate-commerce jury-instruction mens-rea |
1) Whether the use of an internationally-manufactured cellphone in criminal conduct is, by itself, a sufficient nexus to interstate commerce to satisf… |
| 23-6267 |
Jose Gonzalez, III v. Texas |
Texas |
2023-12-15 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process fifth-amendment ineffective-assistance ineffective-assistance-of-counsel mccoy-precedent right-to-counsel right-to-remain-silent sixth-amendment trial-procedure |
1). Is McCoy v Louisiana a logical extension of Florida V Nixon at all when concession of Petitioner's guilt was never discussed prior to trial?
2). … |
| 23-6271 |
Tyrone Maddox v. Illinois |
Illinois |
2023-12-15 |
Denied |
IFP |
criminal-procedure evidence evidence-admissibility intent intent-element judicial-discretion narcotics-charge prejudice prejudicial-evidence prior-conviction prior-convictions probative-value |
The trial court should not have allowed the introduction of Tyrone Maddox's 20 year old prior Indiana Conviction for delivery of Narcotics on the issu… |
| 23-6272 |
In Re Bruce Lamont Fuller |
|
2023-12-15 |
Denied |
IFP |
civil-rights constitutional-provisions corpus-delicti criminal-procedure due-process evidence jurisdiction standing statewide-importance statutory-provisions |
I.HOW SHALL WE HAVE A CONCLUSIVE ANSWER OF CORPUS OF STATEWIDE IMPORTANCE ,WHEN THIER HAS NOT BEEN AN EFFECTIVE ASCERTAINMENT OF EXPEDITIOUS TRUTH?DEL… |
| 23-6275 |
Samuel Trelawney Hughes v. United States |
Ninth Circuit |
2023-12-15 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure due-process ineffective-assistance plea-bargaining sentencing |
Question not identified. |
| 23-6279 |
Ismael Robles-Perez v. United States |
Fifth Circuit |
2023-12-15 |
Denied |
Response WaivedIFP |
Almendarez-Torres almendarez-torres-precedent constitutional-provisions criminal-procedure due-process fifth-circuit judicial-review jury-trial sentencing Sixth-Amendment supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23A557 |
William Newkirk v. Florida |
Florida |
2023-12-15 |
Presumed Complete |
|
constitutional-rights criminal-procedure due-process fundamental-error life-sentence sentencing-hearing |
Question not identified. |
| 23-650 |
Laura Jordan and Mark Jordan v. United States |
Fifth Circuit |
2023-12-15 |
Denied |
Response RequestedResponse WaivedRelisted (3) |
alternative-theory appellate-review constitutional-error criminal-procedure due-process harmless-error jury-instructions structural-error sufficiency-of-evidence |
I.
Whether an appellate court's harmless-error analysis of
constitutional alternative theory error in jury instructions must decline to find the erro… |
| 23A547 |
Eric Lavell Minter v. United States |
Sixth Circuit |
2023-12-14 |
Presumed Complete |
|
abuse-of-discretion criminal-procedure fact-finding jury-trial sentencing-enhancement sixth-amendment |
Where a district court applies a federal sentencing enhancement based on findings of fact at sentencing—and neglects to explain how it selected among … |
| 23-6241 |
Mark Emmanuel Martinez v. Erik A. Hooks, Secretary, North Carolina Department of Public Safety |
Fourth Circuit |
2023-12-14 |
Denied |
Response WaivedRelisted (2)IFP |
actual-innocence civil-rights constitutional-provisions criminal-procedure due-process habeas-corpus jurisdictional-issues legal-procedure statute-of-limitations statutory-interpretation |
Whether the Proposed Recusal - Adv. Ookten cack; ercscad 6 Cen mre inn Giece. of erence hel of Uahtdn S0kFii ne. prSena face ar Ment tabPon Ceqwire ne… |
| 23-6259 |
Bryan Lee Ogle v. United States |
Fourth Circuit |
2023-12-14 |
Denied |
Response WaivedIFP |
aggravated-assault armed-career-criminal-act criminal-procedure federal-jurisdiction most-innocent-conduct sentencing-enhancement statutory-interpretation tennessee-statute violent-felony |
Whether the district court erred in applying an enhanced sentence, pursuant to the Armed Career Criminal Act, 18 U.S.C. § 924(e), to Mr. Ogle at sente… |
| 23-6260 |
Charles E. Linder, Jr. v. Kenneth Black, Warden |
Sixth Circuit |
2023-12-14 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure detective-testimony evidence evidentiary-objection firearm ineffective-assistance sixth-amendment testimony witness-credibility |
1. Trial counsel was ineffective in violation of his Sixth Amendment right under the US Constitution due to his failure to: (1) object to Detective Re… |
| 23-6262 |
Raymond Clyde Robideau v. Minnesota |
Minnesota |
2023-12-14 |
Denied |
IFP |
aggravating-factors constitutional-rights criminal-procedure double-jeopardy judicial-discretion jury-trial jury-trial-waiver remand state-remand waiver |
I. Is a court required to obtain a renewed jury-trial waiver when
the State amends it's Aggravating Factor[s] after remand from
State's Highest Cour… |
| 23-6263 |
Freddy Abad v. United States |
Second Circuit |
2023-12-14 |
Denied |
Response WaivedIFP |
924(c) 924(j) criminal-charging criminal-procedure double-jeopardy federal-criminal-law lora-v-united-states robbery-conspiracy sentencing-enhancement statutory-interpretation unit-of-prosecution united-states-v-davis |
1). Whether the two §§ 924(C), 924(J) Counts Five and Six, were based
on a single "unit of prosectution ," this court should hold that
they were; un… |
| 23-6265 |
Timothy Dean Stone v. Texas |
Texas |
2023-12-14 |
Denied |
Response WaivedIFP |
actual-innocence criminal-procedure due-process habeas-corpus judicial-review schlup-standard state-procedural-ground state-procedural-grounds texas-criminal-procedure texas-law writ-application |
Whether the Texas Court of Criminal Appeals',
holding that Texas Code of Criminal Procedure
Article 11.07 section 4 (a) (2) precluded
consideration… |
| 23-641 |
Daisy Miller v. United States |
Eleventh Circuit |
2023-12-14 |
Denied |
Response Waived |
constitutional-rights criminal-defense criminal-procedure due-process independent-investigation ineffective-assistance ineffective-assistance-of-counsel investigation-failure trial-counsel witness-testimony |
Whether trial counsel's near total reliance on the defendant's characterization of proposed defense witnesses' testimony, and the failure to conduct m… |
| 23-6242 |
Francisco Mora-Carrillo v. United States |
Fifth Circuit |
2023-12-13 |
Denied |
Response WaivedIFP |
almendarez-torres Almendarez-Torres-v-United-States Apprendi-v-New-Jersey constitutional-provisions criminal-procedure due-process fifth-circuit jury-trial precedent-overturning sentencing supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-6245 |
Donato Lopez-Arellano v. United States |
Fifth Circuit |
2023-12-13 |
Denied |
Response WaivedIFP |
case-precedent constitutional-law criminal-procedure due-process fifth-circuit judicial-review precedent sentencing supreme-court supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-6252 |
Juan Antonio Guerrero-Lazaro v. United States |
Fifth Circuit |
2023-12-13 |
Denied |
Response WaivedIFP |
case-law constitutional-interpretation criminal-procedure due-process judicial-procedure jury-trial legal-precedent precedent-overruling sentencing stare-decisis statutory-interpretation supreme-court-review |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-6254 |
William Graves, III v. Florida |
Florida |
2023-12-13 |
Denied |
Response WaivedRelisted (2)IFP |
access-to-courts appellate-procedure constitutional-rights criminal-procedure due-process equal-protection first-amendment fourteenth-amendment pro-se-litigant pro-se-litigants |
WHETHER THE STATE OF FLORIDA HAS CREATED RULES OF CRIMINAL AND APPELLATE PROCEDURE THAT ARBITRARILY AND UNREASONABLY ENCROACHES UPON THE PERSONAL RIGH… |
| 23-638 |
Kenneth Wendell Ravenell v. United States |
Fourth Circuit |
2023-12-13 |
Denied |
Amici (2) |
burden-of-proof circuit-split conspiracy criminal-conspiracy criminal-procedure federal-prosecution jury-instructions money-laundering non-overt-act-conspiracy statute-of-limitations |
Whether, to comply with 18 U.S.C. § 3282(a) in a prosecution for a non-overt act conspiracy, the government bears the burden of proving to a jury that… |
| 23A541 |
Carl Ray McNeil, Jr. v. United States |
Fourth Circuit |
2023-12-13 |
Presumed Complete |
|
appellate-rights constitutional-review criminal-procedure due-process federal-criminal-law fourth-circuit |
Whether the ACCA's different-occasions element must be found by a jury rather than a sentencing judge. |
| 23-6240 |
Jesus Salvador Gonzalez-Lunar v. United States |
First Circuit |
2023-12-12 |
Denied |
Response WaivedIFP |
constitutional-interpretation covered-vessel criminal-procedure due-process jurisdictional-determination jury-trial maritime-law proof-beyond-reasonable-doubt sentencing statutory-interpretation |
Whether the Constitution requires a jury trial and proof beyond a reasonable doubt, or an adequate factual basis during a guilty plea, to find that a … |
| 23-631 |
Hollis Morrison Greenlaw, et al. v. United States |
Fifth Circuit |
2023-12-12 |
Denied |
|
appellate-review constitutional-error criminal-procedure harmless-error intent-to-defraud jury-instructions scheme-to-defraud structural-error |
Petitioners were charged with fraud offenses, all of which had as an element "intent to defraud" and most of which also had as an element "scheme to d… |
| 23-6225 |
Michael Ramsey v. Matthew J. Platkin, Attorney General of New Jersey, et al. |
Third Circuit |
2023-12-11 |
Denied |
IFP |
constitutional-rights criminal-procedure defendant-rights due-process negotiation-strategy plea-bargaining plea-negotiations right-to-claim-innocence |
Does Petitioner give up the right to claim innocence as a bargaining tool during plea negotiations? |
| 23A526 |
Jacob Smith v. Nethanjah Breitenbach, Warden, et al. |
Ninth Circuit |
2023-12-11 |
Presumed Complete |
|
constitutional-right criminal-procedure faretta-right preliminary-hearing self-representation sixth-amendment |
Question not identified. |
| 23-618 |
Delano Marco Medina v. Colorado |
Colorado |
2023-12-08 |
Denied |
Amici (1)Response RequestedResponse WaivedRelisted (2) |
burden-of-proof constitutional-law criminal-conviction criminal-procedure defendant-rights due-process guilty-plea judicial-procedure judicial-review legal-standard |
Whether it is consistent with due process for a court to convict a criminal defendant without finding that the defendant is guilty. |
| 23-6199 |
Trayvon Hall v. United States |
Fourth Circuit |
2023-12-08 |
Denied |
Response WaivedIFP |
constitutional-challenge constitutional-rights court-procedure criminal-procedure criminal-sentencing due-process judicial-pronouncement life-sentence plain-language sentencing statutory-interpretation |
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ScnWic^ zfttcuhd ^afSuAni % ~fht ferm5 of Senhsicz*
Orally pronouAccA in? A
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i *n |
| 23-6207 |
Ottis J. Cummings Jr., aka Ottis Junior Cummings, aka Otis Cummings, aka Ottis J. Commings, aka Otis J. Cummings v. Mississippi |
Mississippi |
2023-12-08 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure due-process equal-protection ineffective-assistance plea-negotiations sex-discrimination standing trial-counsel |
A). . . . Whether the Court aos denied Se + Maer Tutisdie~
Hon" proceedings due to otatolly Mckay sexh? |
B). . . .Whebher Yro iadielmnent aos, orren… |
| 23-613 |
Luis Soto Soto, et al. v. Yashira Quiles Carrasquillo |
Puerto Rico |
2023-12-07 |
Denied |
|
civil-rights constitutional-law criminal-procedure due-process fourth-amendment search-and-seizure |
1. An employee of the United States Postal Service in a labor-management dispute that arose within a postal facility; under Section 8 of the United St… |
| 23-6182 |
Joshua Anthony Peterman v. Mississippi |
Mississippi |
2023-12-07 |
Denied |
Response WaivedIFP |
appeal criminal-procedure due-process habitual-offender indictment ineffective-assistance judicial-bias jury-indictment prosecutorial-bias sentencing speedy-trial |
(1) Whether the trial Court erred in amending Judgment and hate Sentencing to not* dual in violation of fllx, ft-Crim. P, Rule ti&lH,i (h)
(d) Whethe… |
| 23-6187 |
Jamar Green v. United States |
Fourth Circuit |
2023-12-07 |
Rehearing |
Response RequestedResponse WaivedRelisted (3)IFP |
appellate-review constitutional-validity criminal-procedure due-process federal-criminal-procedure guilty-plea plea-bargaining pro-se-representation right-to-counsel sentencing waiver-of-counsel waiver-of-rights |
1. Whether an uncounseled felony guilty plea is Constitutionally valid when
the defendant was not properly warned by the trial court of the perils of
… |
| 23-6192 |
David Lewis Holland v. Texas |
Texas |
2023-12-07 |
Denied |
IFP |
appellate-procedure appellate-review case-law constitutional-law constitutional-provision criminal-procedure defendant-rights due-process right-to-counsel speedy-trial trial-preparation |
QUESTION 1:
Whether the new Speedy Trial requirement created by the Texas
7th Court of Appeals in the instant case is in conflict with
current case l… |
| 23-6193 |
Steven Vincent Smith v. United States |
Eleventh Circuit |
2023-12-07 |
Denied |
Response WaivedRelisted (2)IFP |
brady-material criminal-procedure evidence-suppression exclusionary-rule fourth-amendment good-faith-exception search-and-seizure suppression-of-evidence void-ab-initio warrant-validity warrantless-search |
Does the determination that a warrant is void ab initio, rendering the resultant search of the Petitioner's residence warrantless (and thus unreasonab… |
| 23-6194 |
Christopher Andrew Canales v. Nathan Hoffman, Acting Warden |
Sixth Circuit |
2023-12-07 |
Denied |
IFP |
constitutional-rights criminal-procedure discovery-rights due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel plea-bargaining right-to-discovery voluntariness-of-plea |
THE UNITED STATES COURT OF APPEALS HAS DECIDED AN IMPORTANT QUESTION OF FEDERAL LAW THAT HAS NOT, BUT SHOULD BE, SETTLED BY THIS COURT, AS TO: (1) WHE… |
| 23-6158 |
Derrick Hunt v. United States |
Eleventh Circuit |
2023-12-06 |
Denied |
Response WaivedIFP |
4th-amendment child-pornography criminal-procedure evidence fourth-amendment motion-to-suppress probable-cause search-and-seizure search-warrant |
Did the District Court abuse its discretion in denying Defendant's Motion to Suppress the Search of his computer when the Police searched pursuant to … |
| 23-6169 |
Juan Carlos Soto v. United States |
Fourth Circuit |
2023-12-06 |
Denied |
Response WaivedIFP |
18-USC-3553 appeal appellate-review criminal-procedure double-jeopardy due-process federal-sentencing ninth-circuit-court remand sentencing sentencing-guidelines |
A. Selective Remand
Petitioner asks: Why does the 4th Circuit Court of appeals Remand (Almost Cases Where Not all of the appellant's Non-Frivolous Pa… |
| 23-6171 |
Patrick Henry Hill, II v. Oklahoma |
Oklahoma |
2023-12-06 |
Denied |
IFP |
actual-innocence criminal-jurisdiction criminal-procedure forensic-pathology medical-examiner medical-examiners shaken-baby-syndrome veterans veterans-jurisdiction |
Veterans, to include active duty service members and family members that are stationed in the continental United States at installations garrisoned by… |
| 23-6175 |
Phillip A. Kenner v. United States |
Second Circuit |
2023-12-06 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-trial due-process evidence-standard government-witness napue-standard napue-v-illinois perjury prosecutorial-misconduct witness-perjury |
At a criminal trial, Petitioner sought to confront a Government witness with notes of an interview, taken by Government agents, which reflected a prio… |
| 23-6176 |
Faustino Garcia-Sanchez, aka Miguel Garcia-Sanchez, aka Miguel Zamora-Sanchez v. United States |
Fifth Circuit |
2023-12-06 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 23-6177 |
Sylvia Olivas, aka Sylvia Lee Gavaldon v. United States |
Ninth Circuit |
2023-12-06 |
GVR |
Relisted (2)IFP |
circuit-split criminal-activity criminal-procedure expert-testimony expert-witness federal-rules-of-evidence mens-rea mental-state trier-of-fact |
Rule 704(b) of the Federal Rules of Evidence provides:
In a criminal case, an expert witness must not state an
opinion about whether the defendant did… |
| 23-6179 |
Anibal Miranda-Montanez v. United States |
First Circuit |
2023-12-06 |
Denied |
Response WaivedIFP |
appellate-review case-review criminal-procedure due-process judicial-review jury-instructions legal-sufficiency procedural-challenge standard-of-review sufficiency-of-evidence trial-evidence verdict-challenge |
Whether The Evidence Was Insufficient for the Verdict to Stand. |
| 23-6180 |
Clifford Allen Follansbee v. Arizona |
Arizona |
2023-12-06 |
Denied |
IFP |
arizona-constitution constitutional-rights criminal-procedure criminal-trial due-process judicial-review procedural-fairness professional-norm structural-error united-states-constitution |
Are Arizona. Judiciaries violating 4be Doe. Process Clause <dr 4be Arizona. and Un;4ed States ConoViVuWm / bu, practicing a Professional fJocm AWsA is… |
| 23-6185 |
Jabril Wilson v. Chris Stevens, Warden |
Seventh Circuit |
2023-12-06 |
Denied |
IFP |
burden-of-proof child-enticement criminal-procedure due-process ineffective-assistance-of-counsel sexual-assault |
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i-V vvtkrtmrse ov %®m\ «tSs=>ai*.W … |
| 23-6162 |
James Williams v. United States |
Third Circuit |
2023-12-05 |
Denied |
Response WaivedIFP |
6th-amendment court-appointed-counsel criminal-procedure irreconcilable-differences judicial-discretion mckaskle-v-wiggins pro-se pro-se-representation right-to-counsel sixth-amendment waiver |
Question 1:
In light of this courts decision in McKaskle v. Wiggins. 465 U.S 168, 104 S.Ct. 944; 79
L.Ed 2d 122(1984), as interpreted by the Third Cir… |
| 23-6164 |
Albert Carrasco, v. United States |
Ninth Circuit |
2023-12-05 |
Denied |
Response WaivedIFP |
criminal-history criminal-procedure due-process liberty-interest liberty-restriction rehabilitation sentencing sex-offender supervised-release |
For a low-level sex offender (like a mere possessor of child pornography with no prior criminal history), is a supervised-release condition prohibitin… |
| 23-6165 |
Jesus Del Valle Gonzalez-Rodriguez v. United States |
First Circuit |
2023-12-05 |
Denied |
Response WaivedIFP |
appeal-waiver brief-filing burden-of-proof court-of-appeals criminal-procedure due-process government-defense opening-brief plea-agreement reply-brief |
Whether a criminal defendant must raise the issue of an appeal waiver in his opening brief or whether it falls upon the government to raise the waiver… |
| 23-6154 |
Jennifer Lynn Dees v. Colorado |
Colorado |
2023-12-04 |
Denied |
IFP |
criminal-procedure due-process fair-trial fourteenth-amendment judicial-misconduct jury-tampering sixth-amendment trial-integrity |
Whether a trial's verdict validity get impacted if a judge engages in jury tampering as defined under C.R.S. § 18-6-609 violating defendants Sixth and… |
| 23-6159 |
Eddie James King v. Doctor Aikens, et al. |
Eleventh Circuit |
2023-12-04 |
Denied |
Response WaivedIFP |
8th-amendment civil-rights constitutional-rights criminal-procedure cruel-and-unusual-punishment due-process exclusionary-rule fourth-amendment medical-care search-and-seizure standing |
Question not identified. |
| 23-6143 |
Howard Nelson Bartee, III v. Florida |
Florida |
2023-12-01 |
Denied |
Relisted (6)IFP |
constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition sixth-amendment trial-by-jury |
Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-6145 |
Daniel E. Salley v. United States |
Seventh Circuit |
2023-12-01 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure due-process internal-revenue-service mental-competency mental-health-defense property-rights property-seizure statute-of-limitations tax-law treasury-offset-program |
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0-CCOuvvHincj ctffevr jpreiwelmo^ sev/evcv) a.u.di'fs cxW jr\ne … |
| 23-6146 |
Catherine Denise Randolph v. United States District Court for the District of Maryland |
Fourth Circuit |
2023-12-01 |
Denied |
IFP |
appellate-review civil-rights constitutional-review criminal-procedure due-process free-speech harmless-error ineffective-assistance obscenity standing state-court-decision surveillance |
Question not identified. |
| 23-6149 |
Gary Lynn Gatlin v. United States |
Fourth Circuit |
2023-12-01 |
Denied |
Response WaivedIFP |
4241-motion competency-evaluation criminal-procedure due-process intellectual-disability mental-competency mental-illness standards-of-review |
I. SHOULD COURTS EVALUATE EVIDENCE SUPPORTING MOTIONS FOR COMPETENCY EVALUATIONS DIFFERENTLY WHEN THE CLAIMED BASIS FOR INCOMPETENCY IS INTELLECTUAL D… |
| 23-6151 |
Urbano Torres-Giles v. United States |
Ninth Circuit |
2023-12-01 |
Denied |
Response WaivedIFP |
circuit-split clearly-erroneous-facts criminal-procedure criminal-sentencing due-process fact-finding reliability reliability-standard sentencing-context sentencing-guidelines |
This Court's precedent precludes the use of clearly erroneous facts to influence a criminal defendant's sentence. Here, the district court assumed the… |
| 23-6137 |
In Re Ronald Boyajian |
|
2023-11-30 |
Denied |
Response WaivedRelisted (2)IFP |
appeal-of-right constitutional-rights criminal-appeal criminal-procedure due-process judicial-assignment judicial-recusal prejudice recusal three-judge-panel |
1. In an only appeal of right of a criminal judgment, did Respondents deny defendant-appellant Ronald Boyajian's ("Petitioner") Due Process in failing… |
| 23-6141 |
Arthur Grady v. Charles Truitt, Warden |
Seventh Circuit |
2023-11-30 |
Denied |
Response WaivedIFP |
criminal-procedure ineffective-assistance-of-counsel jackson-v-virginia jury-instructions special-verdict strickland-v-washington sufficiency-of-evidence united-states-v-powell |
During Petitioner Arthur Grady's murder trial, the State pursued a single theory of guilt: Grady shot and killed the victim. The jury explicitly rejec… |
| 23A492 |
George Willie Rios v. Arizona |
Arizona |
2023-11-30 |
Presumed Complete |
|
constitutional-rights criminal-procedure interrogation miranda-warning right-to-counsel suppression-of-evidence |
Question not identified. |
| 23-6128 |
Julia Ann Poff v. United States |
Fifth Circuit |
2023-11-29 |
Denied |
Response WaivedIFP |
civil-procedure constitutional-rights criminal-procedure due-process evidence expert-testimony fair-trial indigent-defense plea-bargaining right-to-counsel |
I. Should a defendant's guilt or innocence be determined by their finances?
II. Before making a noninvoluntary and informed plea, should a defendant … |
| 23-6130 |
Sylvia Hofstetter v. United States |
Sixth Circuit |
2023-11-29 |
Denied |
Response WaivedIFP |
controlled-substances criminal-procedure jury-instructions mens-rea plain-error ruan-standard ruan-v-united-states sixth-circuit |
1. On October 17, 2022, this Court vacated the opinion of the Sixth Circuit affirming Petitioner Sylvia Hofstetters convictions and remanded for furth… |
| 23-6133 |
Jacquelyn Reaves v. Monmouth University, et al. |
Third Circuit |
2023-11-29 |
Denied |
Response WaivedIFP |
civil-liability civil-procedure civil-rights criminal-liability criminal-procedure due-process equal-protection false-imprisonment hate-crime jurisdiction racial-discrimination |
Should respondents be criminally and civilly liable for hate crime(s), false imprisonment, racial discrimination, persecution, emotional distress, and… |
| 23-6134 |
Rajon Jamison v. United States |
Sixth Circuit |
2023-11-29 |
Denied |
Response WaivedIFP |
armed-career-criminal-act armed-career-offender base-level base-level-calculation constitutional-rights criminal-procedure due-process juvenile-conviction sentencing-error sentencing-guidelines statutory-interpretation |
WHETHER THIS COURT SHOULD GRANT THIS APPLICATION FOR WRIT OF CERTIORARI AND ADDRESS TWO SENTENCING ERROR OF SIGNIFICANCE WHEN THE TRIAL COURT ERRED WH… |
| 23-578 |
Christopher Kinzy v. United States |
Fifth Circuit |
2023-11-29 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
appellate-review circuit-split criminal-procedure district-court-discretion gall-standard gall-v-united-states guidelines judicial-explanation rita-v-united-states sentencing sentencing-guidelines |
Whether a district court can insulate from vacatur a sentence based on an erroneously enhanced Guidelines range simply by stating, without explanation… |
| 23-6111 |
Lawrence Remsen, et al. v. Jennifer Shaffer, et al. |
California |
2023-11-28 |
Denied |
Response WaivedRelisted (2)IFP |
constitutional-principles criminal-procedure due-process equal-protection judicial-discretion legislative-intent sentencing sentencing-law |
Did the States Highest Court abuse its discretion when it failed to acknowledge the State's Legislature had repealed its indeterminate Sentencing Law … |
| 23-6113 |
Michael Eugene Lewis v. Texas |
Texas |
2023-11-28 |
Denied |
IFP |
appeals appellate-procedure constitutional-rights criminal-defense criminal-procedure due-process ineffective-assistance-of-counsel motion-for-new-trial right-to-counsel texas-criminal-law |
Whether the Petitioner was afforded effective assistance of counsel at trial and on appeal, and whether the scheme in Texas on a Motion for New Trial … |
| 23-6116 |
Cynthia Clemons v. United States |
Sixth Circuit |
2023-11-28 |
Denied |
Response WaivedIFP |
controlled-substances criminal-procedure jury-instruction jury-instructions mens-rea plain-error ruan-v-united-states sixth-circuit supreme-court-precedent |
On October 17, 2022, this Court vacated the opinion of the Sixth Circuit affirming Petitioner Cynthia Clemons' convictions and remanded for further pr… |
| 23-6120 |
Demecia Shontres Washington v. United States |
Ninth Circuit |
2023-11-28 |
Denied |
Response WaivedIFP |
character-evidence criminal-procedure due-process evidentiary-standard expert-testimony jury-bias plain-error profile-evidence |
Whether the district court plainly erred by admitting expert testimony about the common characteristics of a particular type of offender, also known a… |
| 23-6121 |
Jemare Ray McNair, aka Head v. United States |
Fourth Circuit |
2023-11-28 |
Denied |
Response WaivedIFP |
appeal-waiver appeal-waivers career-offender criminal-law criminal-procedure due-process federal-sentencing plea-agreement plea-bargaining sentencing sentencing-enhancement |
WHETHER CAREER OFFENDER STATUS SHOULD BE SUBJECT TO APPEAL WAIVERS IN PLEA AGREEMENTS WHERE A DEFENDANT HAS A LEGITIMATE ARGUMENT THAT HE WAS NOT A CA… |
| 23-6122 |
Courtney Newman v. United States |
Sixth Circuit |
2023-11-28 |
Denied |
Response WaivedIFP |
controlled-substances criminal-procedure jury-instructions mens-rea plain-error ruan-v-united-states |
On October 17, 2022, this Court vacated Petitioner Newman's conviction in light of Ruan v. United States, 142 S. Ct. 2370, 213 L. Ed. 2d 706 (2022) an… |
| 23-6123 |
Kyle Maurice Parks v. United States |
Eighth Circuit |
2023-11-28 |
Denied |
Response WaivedIFP |
camera constitutional-rights criminal-procedure due-process evidence law-enforcement perjury search-and-seizure suppression-hearing vehicle |
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&c;e faoccs.3
0) A / Q/LE-S£A… |
| 23-6106 |
Damion Edward Cruz-Benavente v. United States |
Fifth Circuit |
2023-11-27 |
Denied |
Response WaivedIFP |
appellate-standard constitutional-error criminal-procedure criminal-trial cumulative-error cumulative-errors due-process harmless-error judicial-review procedural-fairness standard-of-review verdict-influence |
To determine whether a criminal trial was unfair because of cumulative errors, does a court review whether the aggregate errors—both preserved and for… |
| 23-6109 |
Tou Thao v. United States |
Eighth Circuit |
2023-11-27 |
Denied |
Response WaivedIFP |
18-usc-242 civil-rights constitutional-rights criminal-procedure deprivation-of-rights due-process fair-trial prosecutorial-misconduct specific-intent willfulness |
The Petitioner was convicted of two counts of deprivation of rights under color of law resulting in bodily injury and death in connection with the dea… |
| 23-554 |
Michael O'Bannon v. United States |
Seventh Circuit |
2023-11-27 |
Denied |
Response Waived |
acquitted-conduct constitutional-law constitutional-rights criminal-procedure due-process sentencing sixth-amendment |
Whether the Constitution permits a criminal defendant to be sentenced based on conduct for which he or she was acquitted. |
| 23-6088 |
Alpheus Elite Hamilton v. Arizona |
Arizona |
2023-11-22 |
Denied |
IFP |
14th-amendment 5th-amendment constitutional-violation criminal-procedure due-process false-evidence fifth-amendment fourteenth-amendment miller-v-pate prosecutorial-misconduct |
Did the State of Arizona violate the Due Process Clause when its prosecutor presented knowing use of false evidence to the jury as in Miller v. Pate, … |
| 23-6091 |
Valentino Bernard Lee v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Florida |
2023-11-22 |
Denied |
IFP |
criminal-procedure double-jeopardy due-process firearm-possession jury-instructions legal-principles mandatory-minimum mandatory-minimum-sentence possession-of-firearm sentencing statutory-interpretation |
Whether the trial court erred in sentencing defendant to a mandatory 11 year sentence under the 10-20-Life statute for possession of a firearm when th… |
| 23-6095 |
Jerome McGoy v. United States |
Eighth Circuit |
2023-11-22 |
Denied |
Response WaivedIFP |
civil-rights confidential-informant controlled-buy criminal-procedure drug-investigation due-process law-enforcement search-and-seizure undercover-operation |
Is it not true that Arkansas state was not authorized to use the Confidential Informant (CI) Robert Sullivan a.k.a. Smokey G. in an undercover operati… |
| 23-6096 |
Thomas Oliver v. Joseph Leonard Michaud, et al. |
First Circuit |
2023-11-22 |
Denied |
IFP |
civil-litigation civil-procedure constitutional-rights criminal-activity criminal-procedure due-process federal-criminal-law judicial-misconduct legal-ethics standing |
Can a party to civil litigation in the United States —no matter who the party is—commit crimes in order to win its case, all the while have judges at … |
| 23-6098 |
Ricardo Dinnall v. United States |
Fourth Circuit |
2023-11-22 |
Denied |
Response WaivedIFP |
appellate-review criminal-justice criminal-procedure district-court federal-sentencing first-step-act judicial-discretion sentencing-reduction sentencing-reform statutory-interpretation |
Whether Concepcion v. United States, 142 S. Ct. 2389 (2022), requires district courts to consider all nonfrivolous arguments raised by the parties in … |
| 23-6101 |
Kevin E. Chace v. Ashley Moody, Attorney General of Florida, et al. |
Eleventh Circuit |
2023-11-22 |
Denied |
Response WaivedIFP |
appeals constitutional-error criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel standards-of-review trial-counsel |
WHETHER PETITIONER SHOULD BE ENTITLED TO CERTIORARI REVIEW BASED ON MULTIPLE ERRORS OF TRIAL COUNSEL THAT OCCURRED WHILE LITIGATING PETTIONER'S CASE |
| 23-6103 |
Alvin Celius Andre v. United States |
Eleventh Circuit |
2023-11-22 |
Denied |
Response WaivedIFP |
burden-of-proof constructive-amendment criminal-law criminal-procedure due-process entrapment entrapment-defense prosecutorial-misconduct statutory-interpretation |
I. Does a constructive amendment occur when the government
substitutes Congress's intended object of the actus reus of 18
U.S.C. § 2422(b), "any indiv… |
| 23-6104 |
Michael Venetez McRae v. United States |
Eleventh Circuit |
2023-11-22 |
Denied |
Relisted (2)IFP |
appellate-review civil-rights constitutional-law criminal-procedure due-process judicial-precedent jurisdiction sentencing statutory-interpretation |
Actus. 92269) sould be Corrected there a —Ln5..Cotart ___
of Appeals Pinds hetodisteick cock 'incorrect, " determine d
thot to of the thee required pr… |
| 23-6079 |
Santos David Ramirez-Ortega v. United States |
Fifth Circuit |
2023-11-21 |
Denied |
Response WaivedIFP |
appellate-review conflict-with-other-courts criminal-procedure district-court guideline-range holguin-hernandez judicial-discretion sentencing-guidelines substantial-arguments |
Whether, after Holguin -Hernandez v. United States , __U.S.__, 140 S.Ct. 762 (2020), a party may obtain appellate relief when the district court fails… |
| 23-6081 |
Jacobo Fuentes-Salgado v. United States |
Fifth Circuit |
2023-11-21 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 23-6085 |
Randall Gray Stoneman, Jr. v. United States |
Fourth Circuit |
2023-11-21 |
Denied |
Response WaivedIFP |
4th-amendment criminal-procedure district-court evidence evidence-seizure federal-sentencing-guidelines motion-to-suppress search-and-seizure sentencing sentencing-guidelines video-surveillance |
A. WAS THE DISTRICT COURT IN ERROR IN DENYING THE MOTION TO SUPPRESS THE EVIDENCE SEIZED PURSUANT TO THE APRIL 19, 2020 VIDEO?
B. WAS THE SIX LEVEL E… |
| 23-6086 |
Luis Alberto Marcano-Godoy v. United States |
First Circuit |
2023-11-21 |
Denied |
Response WaivedIFP |
appeal-waiver criminal-defendant criminal-procedure government-defense opening-brief procedural-rule reply-brief |
Whether a criminal defendant must raise the issue of an appeal waiver in his opening brief or whether it falls upon the government to raise the waiver… |
| 23-6070 |
Eric V. Bartoli v. United States |
Sixth Circuit |
2023-11-21 |
Denied |
Response WaivedIFP |
criminal-procedure ex-post-facto habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargain plea-bargaining prosecutorial-misconduct sentencing sentencing-error statutory-maximum |
Whether a guilty plea should be vacated when the underlying plea bargain contains an error of law (an illegal sentence) at its core. |
| 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 |
this Court review the Betitioner's Trial Court Transcript Record on April 21, 2021, and all appeals. Counsel Arkie Byrd was so ineffective for failing… |
| 23-6073 |
William Shirley, IV v. Steven Harpe, Director, Oklahoma Department of Corrections |
Tenth Circuit |
2023-11-21 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure due-process equal-protection federal-jurisdiction habeas-corpus post-conviction-relief |
1.) Have petitioner 's Fifth(5th) and Fourteenth(l4th) Constitutional Amendment Rights
been violated?
2.) Has the State of Oklahoma violated the M.C.… |
| 23A458 |
Tony Ford v. United States |
Eleventh Circuit |
2023-11-21 |
Presumed Complete |
|
appellate-review criminal-procedure criminal-sentencing federal-jurisdiction sentencing-guidelines writ-of-certiorari |
Question not identified. |
| 23A461 |
Sean M. Donahue v. Pennsylvania |
Pennsylvania |
2023-11-21 |
Presumed Complete |
|
constitutional-right court-appointed-counsel criminal-procedure ineffective-assistance post-conviction-relief unitary-review |
Question not identified. |
| 23-6056 |
Talthia Sorbel v. South Dakota, ex rel. South Dakota Department of Social Services, et al. |
South Dakota |
2023-11-20 |
Denied |
Relisted (3)IFP |
adoption civil-rights constitutional-rights criminal-procedure due-process evidence evidence-admission family judicial-review standing |
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due- o… |
| 23-6057 |
Juan J. Zuniga-Bruno v. United States |
First Circuit |
2023-11-20 |
Denied |
Response WaivedIFP |
criminal-procedure double-jeopardy first-circuit issue-preclusion predicate-felonies sentencing statutory-interpretation supreme-court-precedent vacatur |
1. Whether the Court of Appeals of the First Circuit's affirming opinion in Zuniga-Bruno is case is conflicting with First Circuit precedents United 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, (Rule 403) extrinsic ev… |
| 23-6062 |
Holli Womack v. United States |
Sixth Circuit |
2023-11-20 |
Denied |
Response WaivedIFP |
criminal-law criminal-procedure drug-offenses jury-instructions plain-error ruan-standard sixth-circuit standard-of-review supreme-court-precedent |
On October 17, 2022, this Court vacated Petitioner Womack's conviction in light of
Ruan v. United States, 142 S. Ct. 2370, 213 L. Ed. 2d 706 (2022) an… |
| 23-6063 |
Kieffer Michael Simmons v. United States |
Eighth Circuit |
2023-11-20 |
Denied |
Response WaivedIFP |
5th-amendment circuit-split civil-rights criminal-procedure due-process exculpatory-evidence fifth-amendment judicial-immunity subpoena witness witness-subpoena |
1. Whether Simmons should have been entitled to judicial immunity for his subpoenaed witness, who would have offered exculpatory evidence at trial.
2… |
| 23-6065 |
Tyrone Kevin Smith v. United States |
Eleventh Circuit |
2023-11-20 |
Denied |
Response WaivedIFP |
18-usc-924(c) 18-usc-924(o) actual-innocence circuit-split criminal-procedure hobbs-act jurisdiction post-conviction post-conviction-relief section-2255 statutory-interpretation |
(1) Whether the Eleventh Circuit's wanton disregard for Taylor and its progeny in erecting an illogical and legally erroneous barrier to relief for § … |
| 23-6066 |
Kirk Lamar Williams v. Washington |
Washington |
2023-11-20 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure discovery-violations due-process evidence-suppression fourth-amendment ineffective-assistance-of-counsel probable-cause prosecutorial-misconduct search-and-seizure speedy-trial |
Question not identified. |
| 23-537 |
Faisal Ashraf, aka Sal v. United States |
Ninth Circuit |
2023-11-20 |
Denied |
Amici (1) |
appeal-waiver circuit-split computer-fraud-and-abuse-act criminal-procedure due-process factual-basis federal-rules-of-criminal-procedure plea-agreement |
Whether the federal courts of appeals can refuse to consider a challenge to the sufficiency of the factual basis for a guilty plea when the plea agree… |
| 23-529 |
Matthew Hayko v. Indiana |
Indiana |
2023-11-17 |
Denied |
Response Waived |
appellate-review credibility criminal-procedure evidence-weighing harmless-error sixth-amendment trial-by-jury witness-credibility |
Whether an appellate court can violate a defendant's right to trial by jury under the Sixth Amendment by weighing evidence and judging the credibility… |
| 23-531 |
Timothy I. Carpenter v. United States |
Sixth Circuit |
2023-11-17 |
Denied |
Amici (2) |
criminal-procedure drug-offense federal-firearm-offense first-step-act mandatory-minimum mandatory-minimums retroactivity sentencing-reform statutory-interpretation |
Do the sentencing reforms in Section 403 of the First Step Act apply when a district court sentences an individual whose offense was committed before … |
| 23-6038 |
Lakeith Lynn Washington v. United States |
Fifth Circuit |
2023-11-17 |
GVR |
Relisted (2)IFP |
alleyne-v-united-states apprendi-v-new-jersey armed-career-criminal-act constitutional-rights criminal-procedure fifth-amendment jury-beyond-reasonable-doubt minimum-and-maximum-sentences prior-convictions sentencing-enhancement sixth-amendment |
I. Do the Fifth and Sixth Amendments of the U.S. Constitution require that facts to prove a defendant's prior convictions were for offenses committed … |
| 23-6041 |
Luis Alberto Hernandez-Perez v. United States |
Fifth Circuit |
2023-11-17 |
Denied |
Response WaivedIFP |
appellate-procedure certiorari constitutional-interpretation constitutional-rights criminal-law criminal-procedure due-process judicial-precedent sentencing statutory-interpretation supreme-court-precedent supreme-court-review |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-6044 |
Cristian Rodriguez v. United States |
First Circuit |
2023-11-17 |
Denied |
Response WaivedIFP |
criminal-procedure define-and-punish-clause felonies-on-high-seas felony-on-the-high-seas international-law laws-of-nations maritime-drug-enforcement-law maritime-law piracy-principles subject-matter-jurisdiction |
Whether denial of a pretrial challenge to the court's subject matter jurisdiction under the Maritime Drug Enforcement Law warrants interlocutory revie… |
| 23-6046 |
Antonio Lebaron Melton v. Florida |
Florida |
2023-11-17 |
Denied |
IFP |
age-of-culpability age-of-offender criminal-procedure cruel-and-unusual-punishment death-penalty due-process eighth-amendment roper-v-simmons scientific-evidence |
1. Does this Court's holding in Roper v. Simmons, 543 U.S. 551
(2005), that the death penalty is unconstitutionally cruel and
unusual punishment for i… |
| 23-6049 |
Jimmie Jerome Manning, Jr. v. Florida |
Florida |
2023-11-17 |
Denied |
Relisted (8)IFP |
constitutional-rights criminal-procedure criminal-trial felony fourteenth-amendment jury-composition jury-size jury-trial sixth-amendment williams-v-florida |
Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-6000 |
Tyler Catlin Borg v. California |
California |
2023-11-15 |
Denied |
Response WaivedIFP |
constitutional-due-process criminal-law criminal-procedure due-process first-degree-murder intent jury-instructions lying-in-wait murder-intent |
1. Can a person be guilty of 1st degree murder without intent to kill or injure?
2. Does CALCRIM 521 unconstitutionally omit the intent element of fi… |
| 23-6016 |
Malik Green v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2023-11-15 |
Denied |
IFP |
28-usc-2253(c) certificate-of-appealability criminal-procedure ineffective-assistance ineffective-assistance-of-counsel interference-with-right-to-testify postconviction-relief prior-criminal-history right-to-testify sixth-amendment |
Whether the court of appeals improperly denied the Petitioner a certificate of appealability under 28 U.S.C. § 2253(c) on his claim that his counsel r… |
| 23-6018 |
Calvin F. Currica v. Richard Miller, Warden |
Fourth Circuit |
2023-11-15 |
Denied |
Response WaivedIFP |
brady-standard brady-vs-maryland criminal-procedure due-process fourth-circuit guidelines judicial-review plea-agreement plea-bargaining post-conviction-review sentencing sentencing-guidelines |
Whether the decision below should be summarily reversed because the Fourth Circuit substituted its judgment for an erroneous factual decision by the s… |
| 23-6025 |
Deunta Finch v. United States |
Sixth Circuit |
2023-11-15 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure guidelines plain-error-review preservation-of-error sentencing sentencing-guidelines sixth-circuit |
Has the Sixth Circuit erred by creating a novel doctrine that says, to avoid plain-error review, a criminal defendant must object after the sentencing… |
| 23-6001 |
Kenric Lavaughn Jackson, Sr. v. Texas |
Texas |
2023-11-14 |
Denied |
Response WaivedRelisted (2)IFP |
actual-innocence capital-murder constitutional-rights criminal-procedure due-process eighth-amendment evidentiary-hearing fourteenth-amendment habeas-corpus sufficiency-of-evidence texas-law |
Question not identified. |
| 23-6002 |
Justin Del Rio v. United States |
Fifth Circuit |
2023-11-14 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fifth-circuit judicial-review plain-error statutory-interpretation |
This appeal concerns a challenge to the enforceability of a $5,000 fine under 18 U.S.C. § 3014. Petitioner, JUSTIN DEL RIO, submits the Fifth Circuit … |
| 23-502 |
Noble U. Ezukanma v. United States |
Fifth Circuit |
2023-11-14 |
Denied |
Response Waived |
counsel-advice criminal-procedure defendant-testimony due-process ineffective-assistance ineffective-assistance-of-counsel prejudice right-to-testify sixth-amendment strickland strickland-standard |
How do the standards for judging ineffective assistance of counsel apply to the question of what advice defense counsel gives to a defendant concernin… |
| 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 |
I. WHETHER THE RECORD SUPPORTS THE COURT'S CONCLUSION THAT THE STATE COURT HEARING REGARDING THE INADMISSIBLE HEARSAY (CRAWFORD VIOLATION) DID NOT VIO… |
| 23-5999 |
Anson Chi v. United States |
Fifth Circuit |
2023-11-13 |
Denied |
Response WaivedRelisted (2)IFP |
appeal-procedure civil-rights constitutional-rights criminal-appeal criminal-case criminal-procedure due-process extension-of-time petition-for-rehearing petition-for-rehearing-en-banc restitution |
Question not identified. |
| 23-5977 |
Sean Overstreet v. United States |
Second Circuit |
2023-11-09 |
Denied |
Response WaivedIFP |
constitutional-rights counsel-waiver criminal-defendant-rights criminal-procedure due-process right-to-be-present sentencing supervised-release waiver |
May counsel waive a criminal defendant's right to be present during the portion of his sentence in which special conditions of supervised release are … |
| 23-5980 |
Edgar Arellano v. California |
California |
2023-11-09 |
Denied |
Response WaivedRelisted (2)IFP |
constitutional-rights criminal-procedure due-process equal-protection fourteenth-amendment jury-trial senate-bill-567 sentencing sentencing-disposition sixth-amendment |
The Court Should Grant A Review To Settle The Weather The California Courts Were Correct.
Question: In Stating That The Petitioner's Case Was Finally… |
| 23-5990 |
Kirk A. Simmons v. Thomas Scarantino |
Fourth Circuit |
2023-11-09 |
Denied |
Response WaivedRelisted (2)IFP |
2241 aedpa aedpa-limitations criminal-procedure entrapment-defense federal-criminal-procedure government-fraud government-misconduct habeas-corpus innocence judicial-review |
1. Does fraud, perpetrated by the federal government during a federal criminal proceeding so as to obstruct a defendant from mounting an entrapment de… |
| 23-5973 |
Richard C. Duerson v. United States |
Sixth Circuit |
2023-11-08 |
Denied |
Response WaivedRelisted (2)IFP |
constitutional-error constitutional-rights criminal-procedure critical-stage cronic-standard due-process due-process-rights ineffective-assistance-of-counsel prejudice strickland-test strickland-v-washington united-states-v-cronic |
1.) Has the Supreme Court overruled United States v. Cronic, eliminating the presumption that an accused has suffered Constitutional error without the… |
| 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 |
Akin to Justice Sotomayor's Bullcoming v. New Mexico, 564 U.S. 647, 672-74 (2011) scenario; To what extent are Sixth Amendment guarantees of Confronta… |
| 23-5978 |
Brian Keith Person, Jr. v. United States |
Fourth Circuit |
2023-11-08 |
Denied |
Response WaivedIFP |
appeal-waiver appellate-review constitutional-rights criminal-procedure due-process fourth-circuit knowing-voluntary plea-agreement plea-bargaining voluntariness |
Whether the Fourth Circuit Erred By Dismissing Mr. Person's Appeal Pursuant to An Appeal Waiver When He Argued that His Plea was Not Knowing and Volun… |
| 23-5979 |
Daniel Vargas-Hernandez v. United States |
Fifth Circuit |
2023-11-08 |
Denied |
Response WaivedIFP |
apprendi-rule apprendi-v-new-jersey constitutional-interpretation criminal-procedure criminal-sentencing due-process jury-trial prior-conviction prior-convictions sixth-amendment |
The Sixth Amendment protects the right "to be informed of the nature and
cause of the accusation." U.S. Const. amend. VI. In Apprendi v. New Jersey, t… |
| 23A411 |
Irvin Harris Johnson v. United States |
District of Columbia |
2023-11-08 |
Presumed Complete |
|
attorney-client-privilege confidential-communication criminal-procedure right-to-counsel sixth-amendment work-product-doctrine |
Question not identified. |
| 23-5965 |
Cody Enrriquez v. Florida |
Florida |
2023-11-07 |
Denied |
Relisted (9)IFP |
constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition jury-trial sixth-amendment |
Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-5966 |
Jonathan Ericksen v. United States |
Seventh Circuit |
2023-11-07 |
Denied |
Response WaivedIFP |
criminal-procedure due-process evidence jackson-v-virginia judgment-of-acquittal rule-29 standard-of-review |
At the close of the government's evidence at his jury trial for Attempted Enticement of a Minor, in violation of 18 U.S.C. § 2422(b), Petitioner Erick… |
| 23-5968 |
Richard Langston v. Connecticut |
Connecticut |
2023-11-07 |
Denied |
Amici (1)Response RequestedResponse WaivedRelisted (2)IFP |
constitutional-rights criminal-procedure criminal-sentencing double-jeopardy fourteenth-amendment jury-acquittal jury-trial sentencing sixth-amendment |
Whether the Sixth and Fourteenth Amendments to the Constitution of the United States prohibit a state court from basing a criminal defendant's sentenc… |
| 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 when the trial court prohibited the defense from placing before the jury … |
| 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… |
| 23-483 |
Mauricio Gonzalez v. United States |
Eleventh Circuit |
2023-11-07 |
Denied |
Response Waived |
criminal-procedure district-court eleventh-circuit predicate-offense rule-29 rule-29-motion standard-of-review statutory-interpretation |
Whether the District Court applied the proper standard of review to find guilt and issue their judgment on Petitioner's Rule 29 motion.
Whether the E… |
| 23-5954 |
Arthur Picklo v. United States |
Eleventh Circuit |
2023-11-06 |
Denied |
Response WaivedIFP |
924(c) consecutive-sentences consecutive-sentencing criminal-procedure federal-criminal-law rule-of-lenity sentencing sentencing-guidelines statutory-interpretation |
Whether the rule of lenity requires a sentencing court to impose a § 924(c) sentence consecutive to only the predicate crime of violence or drug offen… |
| 23-5955 |
Kyle Maurice Parks v. United States |
Eighth Circuit |
2023-11-06 |
Denied |
Response WaivedIFP |
4th-amendment constitutional-rights criminal-procedure due-process evidence fourth-amendment government-attorney government-misconduct illegal-evidence search-and-seizure warrantless-search |
(1) Can an attorney for the government go outside the jurisdictional process and ask a friend to dearch an office without a warrant and not violate th… |
| 23-5964 |
William Glenn Rogers v. Zac Pounds, Warden |
Sixth Circuit |
2023-11-06 |
Denied |
IFP |
28-usc-2254 constitutional-review criminal-procedure habeas-corpus ineffective-assistance ineffective-assistance-of-counsel penalty-phase prejudice-standard prejudice-test strickland-standard strickland-v-washington |
1. Is application of a prejudice standard that requires a
habeas petitioner to "eliminate or completely discredit" the prosecution's
trial evidence in… |
| 23-5938 |
Loren J. Larson, Jr. v. Alaska |
Alaska |
2023-11-02 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-trial due-process fair-trial fifth-amendment juror-testimony sixth-amendment structural-error |
In Alvarez-Perdomo v. State , 454 P.3d 998, 999 (Alaska 2019), the Alaska
Supreme Court held that compelling a defendant to testify in violation of t… |
| 23-5941 |
Gregory L. Randle v. United States |
Fifth Circuit |
2023-11-02 |
Denied |
Response WaivedRelisted (2)IFP |
consecutive-sentence consecutive-sentences criminal-procedure due-process federal-jurisdiction sentencing sentencing-guidelines sentencing-reasonableness supervised-release |
Whether the district court erred by ordering Mr. Randle to serve 12 months in prison for nonviolent supervised release violations, and by ordering the… |
| 23-5944 |
Kaylin Eric Johnson v. United States |
Sixth Circuit |
2023-11-02 |
Denied |
Response WaivedRelisted (2)IFP |
civil-rights constitutional-rights criminal-procedure due-process federal-law habeas-corpus interlocutory-appeal judicial-review ninth-circuit standing |
Question not identified. |
| 23-5946 |
Dravion Sanchez Ware v. United States |
Eleventh Circuit |
2023-11-02 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
circuit-split criminal-procedure criminal-sentencing due-process identification identification-evidence law-enforcement physical-restraint sentencing-guidelines surveillance-evidence |
L. As held by other Circuits, the physical restraint enhancement in
US.S.G. § 2B3.1(b)(4)(B) requires more than pointing a gun at
someone, and the Ele… |
| 23-5947 |
Kraig M. Trotter v. United States |
Third Circuit |
2023-11-02 |
Denied |
Response WaivedRelisted (2)IFP |
controlled-substances criminal-procedure deterrence due-process federal-sentencing methamphetamine methamphetamines proportional-punishment sentencing-guidelines third-circuit |
Did the Third Circuit err in failing to consider the disparity in sentencing under U.S.S.G §2D1.1(c) of the Federal Sentencing Guidelines for methamph… |
| 23-469 |
Andrew P. Witt v. United States |
Armed Forces |
2023-11-02 |
Denied |
Response WaivedRelisted (2) |
criminal-procedure due-process fair-trial fundamental-fairness judicial-ethics military-justice military-sentencing prosecutorial-misconduct sentencing |
The prosecutor repeatedly exhorted the panel members to consider how their sentence would reflect on them personally and professional and suggested th… |
| 23-5928 |
Michael David Beiter, Jr. v. United States |
Eleventh Circuit |
2023-11-01 |
Denied |
Response WaivedRelisted (2)IFP |
civil-rights court-appointed-counsel criminal-procedure defendant-rights due-process initial-appearance judicial-procedure legal-representation magistrate-judge right-to-counsel |
1. Can a magistrate judge at an initial appearance force counsel upon a defendant who has never waived his rights and never participated in the right … |
| 23-5931 |
Donald Lee Kissner v. Joseph Michael Orr, et al. |
Sixth Circuit |
2023-11-01 |
Dismissed |
Response WaivedIFP |
8th-amendment civil-rights constitutional-rights criminal-procedure due-process expert-testimony judicial-error medical-care ninth-circuit pretrial-detention qualified-immunity |
I. Did the Sixth Circuit United States Court of Appeals commit clear error when it affirmed the motion to dismiss?
II. Did the Sixth Circuit United S… |
| 23-5935 |
Michael Ray Thomas v. Adam Douglas, Warden |
Sixth Circuit |
2023-11-01 |
Denied |
IFP |
appellate-review civil-rights criminal-procedure due-process first-amendment ineffective-assistance judicial-discretion prosecutorial-misconduct standing sua-sponte-appointment sufficiency-of-evidence |
After a United States District Judge orders the appointment of counsel sua sponte "in the interest of justice," may a United States court of appeals s… |
| 23-5936 |
Hector Francisco Santos-Flores v. United States |
Fifth Circuit |
2023-11-01 |
Denied |
Response WaivedRelisted (2)IFP |
burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-conviction sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 23A396 |
Robert E. Harrison v. United States |
Eighth Circuit |
2023-11-01 |
Presumed Complete |
|
criminal-procedure due-process evidence-rule-404b jury-trial prior-conviction propensity-evidence |
Question not identified. |
| 23-5916 |
Steven Richard Taylor v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2023-10-31 |
Denied |
IFP |
criminal-procedure dna-evidence due-process expert-testimony frye-standard frye-test ineffective-assistance ineffective-assistance-of-counsel interrogation right-to-counsel |
1. Was Petitioner prejudiced by trial counsel's failure to move for adversarial testing of the State's novel DNA testing and statistics under Frye v. … |
| 23-5917 |
Salvador Diaz-Diaz v. United States |
Fifth Circuit |
2023-10-31 |
Denied |
Response WaivedRelisted (2)IFP |
certiorari-petition constitutional-interpretation constitutional-law criminal-law criminal-procedure due-process judicial-precedent precedent-overruling sentencing statutory-interpretation supreme-court supreme-court-review |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-5925 |
Isaac Johnson v. United States |
Eighth Circuit |
2023-10-31 |
Denied |
Response WaivedRelisted (2)IFP |
21-u.s.c.-§-851(c)(2) criminal-defendant criminal-procedure plain-error plain-error-review predicate-offense prior-conviction rule-52(b) rule-52b sentencing-enhancement waiver |
Does a criminal defendant waive Rule 52(b) plain error review pursuant to 21 U.S.C. § 851(c)(2) by failing to argue before the trial court that a cons… |
| 23-5926 |
Jahvaris Lamoun Springfield v. United States |
Ninth Circuit |
2023-10-31 |
Denied |
Response WaivedRelisted (2)IFP |
constitutional-rights criminal-procedure due-process fair-trial fifth-amendment jury-misconduct no-impeachment-rule sixth-amendment |
The question presented is whether there is a constitutional exception to the
no-impeachment rule codified in Federal Rule of Evidence 606(b) for insta… |
| 23-5927 |
Katerin Martinez-Alberto v. United States |
First Circuit |
2023-10-31 |
Denied |
Response WaivedRelisted (2)IFP |
criminal-procedure cross-examination defendant-rights due-process evidence jury-instructions plain-error self-incrimination testimonial-evidence testimony |
1. Does display of a defendant's body part (a foot) to the jury constitute testimony that subjects the defendant to cross-examination?
2. In a multi-… |
| 23-5909 |
Eric A. Zevely v. United States |
Sixth Circuit |
2023-10-30 |
Denied |
Response WaivedRelisted (2)IFP |
18-usc-3582 article-iii-courts constitutional-challenge criminal-procedure federal-court-jurisdiction federal-criminal-conviction judicial-power prosecutorial-misconduct standing subject-matter-jurisdiction |
Question not identified. |
| 23-5898 |
Christian Hayward v. United States |
Sixth Circuit |
2023-10-27 |
Denied |
Response WaivedRelisted (2)IFP |
criminal-procedure due-process equal-protection privacy-interest property-seizure search-and-seizure standing texas-v-brown united-states-v-place |
1) DID THE LOWER COURT VIOLATE DUE PROCESS AND/OR EQUAL PROTECTION BY
FAILING BY FAILING TO RECOGNIZE THAT HAYWARD HAD A PRIVACY POSSESSORY
INTEREST I… |
| 23-5901 |
Albert Randolph v. Texas |
Texas |
2023-10-27 |
Denied |
IFP |
appellate-review criminal-procedure due-process habeas-corpus ineffective-assistance new-trial |
Court of Criminal Appeals error denying Writ of Habeas Corpus for New Trial.
Court of Criminal Appeals error denying Motion for New Trial. |
| 23-5903 |
Nathan Russell Cates v. United States |
Tenth Circuit |
2023-10-27 |
Denied |
IFP |
criminal-procedure dog-sniff drug-dog-alert fourth-amendment harris-v-florida motion-to-suppress probable-cause rule-16 vehicle-search |
This case involves a circuit split over the materiality of a drug dog's training and performance records under Federal Rule of Criminal Procedure 16, … |
| 23-5904 |
Hazhar A. Sayed v. Colorado |
Colorado |
2023-10-27 |
Denied |
IFP |
appellate-review criminal-procedure excusable-neglect ineffective-assistance ineffective-assistance-of-counsel postconviction-motion sentencing standard-of-review |
Whether the Colorado Court of Appeals misapplied the standard of review applicable to assertion of justifiable excuse or excusable neglect for belated… |
| 23-5905 |
Daniel Kristof Lak v. California |
California |
2023-10-27 |
Denied |
Relisted (2)IFP |
brady brady-disclosure conflict-of-interest conflicts-of-interest criminal-investigation criminal-procedure due-process impeachment-evidence law-enforcement law-enforcement-witness prosecutorial-ethics witness |
When a law enforcement witness in a criminal trial, themselves, becomes the subject of an unrelated criminal investigation, the prosecution is faced w… |
| 23-5889 |
Christopher Michael Williams v. Tim Shoop, Warden |
Sixth Circuit |
2023-10-26 |
Denied |
Response WaivedRelisted (2)IFP |
alternative-suspect-defense criminal-procedure due-process due-process-violation habeas-corpus-petition ineffective-assistance-of-counsel plea-bargaining reasonable-doubt right-to-trial sixth-amendment-right |
Does the 6th Cir. Court err when it determines that a defendant's 6th Amendment right is not violated when there was evidence that it was likely than … |
| 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 |
1. Did the Ninth Circuit err when Petitioner Hidalgo made a substantial showing of the denial of a constitutional right as to the failure of counsel t… |
| 23-5892 |
Shane Woodgeard v. Timothy Heavlin, et al. |
Ohio |
2023-10-26 |
Denied |
IFP |
abuse-of-discretion bond-setting case-consolidation change-of-venue civil-rights conflict-of-interest constitutional-rights criminal-procedure due-process judicial-discretion judicial-recusal venue-change |
Did a lower Court violate Rights in issuing an unheard of, $100,000 bond on a misdemeanor, when there was overwhelming evidence showing there was no c… |
| 23-5893 |
Tigran Zmrukhtyan v. United States |
Ninth Circuit |
2023-10-26 |
Denied |
Response WaivedRelisted (2)IFP |
circuit-split criminal-procedure firearm-possession law-enforcement law-enforcement-interaction physical-struggle reckless-conduct risk-enhancement sentencing-enhancement sentencing-guidelines |
Does mere possession of a firearm, even during a brief physical struggle with law enforcement, support a § 3C1.2 enhancement? |
| 23-5894 |
Myron Lee Brandon v. United States |
Eighth Circuit |
2023-10-26 |
Denied |
Response WaivedRelisted (2)IFP |
5th-amendment 6th-amendment consent criminal-procedure due-process evidence evidence-exclusion fifth-amendment jury-instructions sixth-amendment transportation-of-minors |
I. The District Court violated the Defendant's Fifth and
Sixth Amendment rights by excluding evidence and Arg
ument under Fed. R. Evid . 412, specific… |
| 23-5895 |
Ryan Rydell Bonner v. Texas |
Texas |
2023-10-26 |
Denied |
IFP |
civil-rights constitutional-claim criminal-procedure due-process federal-review habeas-corpus judicial-procedure procedural-default speedy-trial standing state-court |
Question not identified. |
| 23-5879 |
Richard Wayne Johnson v. United States |
Sixth Circuit |
2023-10-25 |
Denied |
Response WaivedRelisted (2)IFP |
appellate-review criminal-procedure due-process federal-jurisdiction jurisdiction jurisdictional-challenge sentencing standing statutory-interpretation subject-matter-jurisdiction |
1. In a Federal criminal case, whether a motion pursuant to 18 U.S.C. § 2255(e) is a petition in the Mitigation in the Residual can challenge the subj… |
| 23-5880 |
Jose Fernando Martinez-Hernandez v. United States |
Fifth Circuit |
2023-10-25 |
Denied |
Response WaivedRelisted (2)IFP |
burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 23-5883 |
Shardaye Jeacole Malik Bey v. Ohio |
Sixth Circuit |
2023-10-25 |
Denied |
Relisted (2)IFP |
28-usc-1443 appellate-procedure civil-rights constitutional-challenge constitutional-rights court-fees criminal-procedure criminal-removal due-process filing-fees in-forma-pauperis |
Because filing fees are not required for removal of a criminal action under [28 U.S.C.] § 1443, it is not necessary to grant Petitioner in forma paupe… |
| 23-5885 |
Donald Lee Kissner v. Heidi E. Washington, Director, Michigan Department of Corrections, et al. |
Sixth Circuit |
2023-10-25 |
Dismissed |
Response WaivedIFP |
civil-rights collateral-consequences constitutional-rights criminal-procedure due-process fact-finding-hearing judicial-discretion parole-revocation preliminary-hearing procedural-error |
I. DID THE SIXTH CIRCUIT UNITED STATES COURT OF APPEALS ABUSE ITS DISCRETION WHEN IT CLAIMED MR. BISSNER'S APPEAL WAS FRIVOLOUS?
II. DID THE WESTERN … |
| 23-5869 |
Craig Martin Shults v. United States |
Ninth Circuit |
2023-10-24 |
Denied |
Response WaivedIFP |
circuit-split criminal-procedure due-process judicial-standard mutually-exclusive severance standard zafiro-precedent zafiro-v-united-states |
Whether the Ninth Circuit's rigid "irreconcilable and mutually exclusive" standard for severance survives this Court's decision in Zafiro v. United St… |
| 23-5857 |
Jeremy Moody v. Georgia |
Georgia |
2023-10-23 |
Denied |
Relisted (2)IFP |
autonomy-rights constitutional-rights criminal-procedure defense-strategy due-process faretta-v-california guilty-plea mccoy-v-louisiana right-to-control-defense right-to-self-representation self-representation trial-court-discretion |
1. Whether a guilty plea inherently waives claims that the trial court violated a defendant's autonomy-based rights, such as the right to self-represe… |
| 23-5858 |
Anthony Schneider v. United States |
Ninth Circuit |
2023-10-23 |
Denied |
Response WaivedIFP |
appellate-review appellate-waiver circuit-split criminal-procedure guilty-plea jurisdictional-challenge jurisdictional-challenges plea-bargaining supreme-court-precedent united-states-v-goodall united-states-v-taylor |
A guilty plea that includes an appellate waiver does not bar jurisdictional challenges on appeal. Class v. United States, 138 S. Ct. 798 (2018). The f… |
| 23-5860 |
John Carl Ferrell v. United States |
Fifth Circuit |
2023-10-23 |
Denied |
Response WaivedIFP |
boykin-v-alabama constitutional-rights criminal-procedure due-process judicial-review plea-bargaining sentencing supreme-court voluntary-plea |
Does a decision by the Supreme Court, after a plea is entered but before sentencing, present sufficient cause to consider if the plea was entered know… |
| 23-5865 |
Jason Dix v. United States |
Fourth Circuit |
2023-10-23 |
Denied |
Response WaivedIFP |
appellate-procedure appellate-review burden-of-proof constitutional-rights criminal-procedure due-process harmless-error separation-of-powers sua-sponte |
I. May an appellate court, consistent with due process, relieve a government party of its burden to show that a favorable error is harmless, decide th… |
| 23-5845 |
In Re Kennedy Wright |
|
2023-10-20 |
Denied |
IFP |
civil-rights constitutional-law criminal-law criminal-procedure due-process equal-protection federal-procedure habeas-corpus judicial-review jurisdiction sentencing supreme-court |
Question not identified. |
| 23-5846 |
Jong Whan Kim v. United States |
Fourth Circuit |
2023-10-20 |
Denied |
Amici (1)Response WaivedIFP |
circuit-split criminal-procedure federal-courts indictment mens-rea plea-hearing rule-11 |
Is it error for a district court to rely on a defendant's pre-hearing review of the indictment to inform him of the nature of the offense? |
| 23-5850 |
In Re Lawrence Smith |
|
2023-10-20 |
Denied |
IFP |
42-usc-1983 appellate-review civil-procedure civil-rights constitutional-law criminal-procedure due-process free-speech habeas-corpus standing |
One whether officials violate the Eighth Amendment when they deliberately indifference to a serious medical need of an incarcerated person? |
| 23-5853 |
Alex Adams v. Unknown Layton, Sergeant, Coffield Unit, et al. |
Fifth Circuit |
2023-10-20 |
Dismissed |
IFP |
civil-rights constitutional-rights criminal-procedure due-process equal-protection free-speech judicial-review legal-jurisdiction standing state-law takings |
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| 23-5854 |
In Re Terrance A. McCauley |
|
2023-10-20 |
Denied |
IFP |
civil-rights color-of-law constitutional-rights criminal-procedure due-process equal-protection free-speech judicial-review petition-for-review sovereign-immunity standing |
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| 23-5839 |
Cesar Humberto Valencia-Terrazas v. United States |
Fifth Circuit |
2023-10-19 |
Denied |
Response WaivedIFP |
case-law constitutional-interpretation criminal-procedure due-process judicial-discretion legal-precedent precedent-overruling sentencing sixth-amendment statutory-interpretation supreme-court supreme-court-review |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-414 |
Devon Archer v. United States |
Second Circuit |
2023-10-19 |
Denied |
Amici (1) |
circuit-split criminal-procedure discretion judicial-discretion manifest-injustice new-trial new-trial-standard rule-33 second-circuit weight-of-evidence |
1. Federal Rule of Criminal Procedure 33 permits a district court to order a new trial "if the interest of justice so requires." The district court he… |
| 23-416 |
Derek Michael Chauvin v. Minnesota |
Minnesota |
2023-10-19 |
Denied |
Amici (1)Response Waived |
change-of-venue community-bias community-harm criminal-procedure juror-bias juror-prejudice presumed-prejudice sixth-amendment venue-change voir-dire |
Although a slightly similar question was presented to this Court in Skilling v. U.S., 558 U.S. 945 (2009), questions remained unresolved regarding the… |
| 23-406 |
Taylor J. Matson v. United States |
Ninth Circuit |
2023-10-18 |
Denied |
Response Waived |
case-agent criminal-procedure evidence evidence-summary jury-inference jury-instructions lay-opinion lay-witness-testimony legal-interpretation plain-language-interpretation summary-of-evidence witness-testimony |
Whether case agents may offer lay opinions summarizing evidence, interpreting plain language, and drawing inferences from evidence that only a jury ma… |
| 23-5806 |
Jason Wayne Oien v. Chad Pringle, Warden |
Eighth Circuit |
2023-10-18 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure criminal-trial due-process jury-instructions marijuana prejudicial-evidence retroactivity sentencing |
Question not identified. |
| 23-5832 |
William R. Abbott v. Loretta Otis-Sanders, et al. |
Fifth Circuit |
2023-10-18 |
Denied |
Response WaivedIFP |
civil-rights crack-cocaine criminal-procedure due-process eighth-amendment-cruel-and-unusual-punishment equal-protection fair-sentencing-act federal-sentencing federal-statute-of-limitations first-step-act prison-rape-elimination-act retroactivity |
Whether the State of Louisiana Constitution's Equal Protection Clause embodies through the United States Constitution Fourteenth Amendment Federal sta… |
| 23-5834 |
Herbert Johnson v. United States |
Ninth Circuit |
2023-10-18 |
Denied |
Response WaivedIFP |
18-usc-924c appellate-waiver categorical-analysis criminal-procedure illegal-conviction illegal-sentence jurisdictional-challenge plea-agreement statutory-interpretation |
For convictions and sentences to stand, they must not violate the Constitution. Challenges to illegal 18 U.S.C. § 924(c) convictions necessarily encom… |
| 23-5796 |
Jose Folch-Colon v. United States |
First Circuit |
2023-10-17 |
Denied |
Response WaivedIFP |
aiding-abetting aiding-and-abetting criminal-intent criminal-law criminal-procedure criminal-statute federal-law mens-rea racketeering VICAR violent-crime |
If by procuring and paying for the commission of murder, Petitioner aided and abetted a crime of violence in aid of racketeering (VICAR) as defined in… |
| 23-5809 |
Bryce Jackson v. Tony Golick, et al. |
Ninth Circuit |
2023-10-17 |
Denied |
IFP |
5th-amendment civil-procedure civil-rights constitutional-law criminal-procedure due-process exclusionary-rule fourth-amendment government-liability probable-cause search-and-seizure standing |
Question not identified. |
| 23-5814 |
Justin Andre Lamoureux v. Florida |
Florida |
2023-10-17 |
Denied |
Response WaivedRelisted (2)IFP |
appellate-review civil-rights constitutional-law criminal-procedure due-process federal-jurisdiction federal-procedure judicial-jurisdiction obstruction-of-justice witness-tampering |
Question not identified. |
| 23-5816 |
Henry Jo Ward v. West Virginia |
West Virginia |
2023-10-17 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure due-process evidentiary-presumption fourteenth-amendment official-capacity |
The West Virginia Supreme Court interpreted a statute to create an unconstitutional evidentiary presumption. Specifically, the West Virginia Supreme C… |
| 23-5817 |
Cordarius Lawrence v. Illinois |
Illinois |
2023-10-17 |
Denied |
IFP |
appeal criminal-procedure due-process jurisdiction sentencing standard-of-proof |
Question not identified. |
| 23-5826 |
Mary Ann German v. South Carolina |
South Carolina |
2023-10-17 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
constitutional-law criminal-procedure davis-good-faith-exception exclusionary-rule fourth-amendment good-faith-exception judicial-precedent police-conduct retroactivity |
After a decision of this Court makes a state statute unconstitutional under the Fourth Amendment, do the police get a grace period after this Court's … |
| 23-5785 |
Joshua Aston v. Arizona |
Arizona |
2023-10-16 |
Denied |
IFP |
6th-amendment constitutional-rights criminal-procedure due-process jury-instructions reopening-of-case right-to-present-defense right-to-testify sixth-amendment trial-procedure unanimous-jury |
Where a defendant wasn't afforded the opportunity to testify, did the trial court or defense counsel violate a defendant's right to testify and presen… |
| 23-5789 |
Jean Max Darbouze v. Patrick Covello, Warden |
Ninth Circuit |
2023-10-16 |
Denied |
IFP |
civil-rights criminal-procedure csaas-testimony due-process evidence expert-testimony free-speech habeas-corpus translation-accuracy witness-credibility |
1. During trial, it was elicited on cross-examination, that the victim told the
investigator she never had sexual contact with Petitioner, and that h… |
| 23-5790 |
Brock Brian Beeman v. United States |
Fourth Circuit |
2023-10-16 |
Denied |
Response WaivedIFP |
appeal-waiver circuit-split criminal-procedure due-process fourth-circuit notice-requirements plea-agreement rule-32 sentencing sentencing-notice |
Did the Fourth Circuit err in upholding the Petitioner's appeal waiver to preclude his claim that the trial court violated the notice provisions of Ru… |
| 23-5794 |
Joseph Aiken v. Florida |
Florida |
2023-10-16 |
Denied |
Response RequestedResponse WaivedRelisted (9)IFP |
14th-amendment 6th-amendment constitutional-law constitutional-rights criminal-procedure felony felony-charges fourteenth-amendment jury-trial sixth-amendment |
Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-5802 |
Erie Adams, aka Michael Johnson v. United States |
Sixth Circuit |
2023-10-16 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure defense-counsel due-process habeas-corpus ineffective-assistance legal-precedent sixth-amendment strickland-standard strickland-v-washington |
In light of the facts of this case, was the defense counsel ineffective in light of this court's precedent in Strickland v. Washington, 466 U.S. 668 (… |
| 23-5768 |
Frank Nathan Escalante v. Jim Robertson, Warden |
Ninth Circuit |
2023-10-12 |
Denied |
Response WaivedRelisted (2)IFP |
certificate-of-appealability civil-rights constitutional-claims criminal-procedure due-process federal-review habeas-corpus miscarriage-of-justice ninth-circuit procedural-rights standing |
1. Was Petitioner's due Process Violated at any time through Judicial Proceedings?
2. Was Petitioner's Trial "fundamentally unfair"?
3. Has Petition… |
| 23-5769 |
Brandon M. Jefferson v. Aaron D. Ford, Attorney General of Nevada, et al. |
Ninth Circuit |
2023-10-12 |
Denied |
Response WaivedRelisted (2)IFP |
constitutional-law constitutional-rights counsel-right criminal-procedure due-process effective-assistance nevada-law right-to-counsel sixth-amendment state-law |
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| 23-5770 |
Victor M. Barahona v. Matthew J. Platkin, Attorney General of New Jersey, et al. |
Third Circuit |
2023-10-12 |
Denied |
IFP |
criminal-procedure due-process fifth-amendment ineffective-assistance involuntary-confession miranda-warning police-interrogation self-incrimination |
1. When Detective Lopez told Petitioner that his statement could
be used in his favor, did Detective Lopez subverted the Miranda
warning, thus, render… |
| 23-5776 |
Andrea Lamont Medlock v. United States |
Fifth Circuit |
2023-10-12 |
Denied |
Response WaivedIFP |
criminal-procedure federal-authority imprisonment-review judicial-discretion plain-error reasonableness revocation sentencing-review sentencing-standards standard-of-review supervised-release |
Whether sentences of imprisonment following the revocation of supervised release should be reviewed for reasonableness or plain unreasonableness? |
| 23-5777 |
Iker Fabricio Mendez-Alfaro v. United States |
Fifth Circuit |
2023-10-12 |
Denied |
Response WaivedIFP |
case-law constitutional-interpretation constitutional-law criminal-procedure due-process judicial-procedure legal-standard precedent-overruling sentencing statutory-interpretation supreme-court supreme-court-review |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-5779 |
Donovan Romo v. United States |
Ninth Circuit |
2023-10-12 |
Denied |
Response WaivedIFP |
appellate-review circuit-split criminal-procedure due-process forfeiture-doctrine judicial-discretion plain-error sentencing sentencing-procedure standard-of-review |
Does a defendant forfeit a challenge to the manner in which the district court imposed sentence by failing to object after the sentence is pronounced,… |
| 23-5749 |
Mark Anthony Thompson v. United States |
Fifth Circuit |
2023-10-11 |
Denied |
Response WaivedIFP |
certificate-of-appealability circuit-court-review criminal-law criminal-procedure due-process habeas-corpus selective-adjudication selective-prosecution standard-of-review statutory-interpretation supreme-court-precedent |
I. DOES THIS SUPREME COURT FINDS THE FIFTH CIRCUIT 'S SELECTIVE
ADJUDICATION AND UNDERMINING THE LAW OF THIS COURT
ACCEPTABLE WHEN IT AFFIRMED THE D… |
| 23-5758 |
Jimmy Jay Strayhorn, Jr. v. United States |
Fourth Circuit |
2023-10-11 |
Denied |
Response WaivedIFP |
3553(a)-factors constitutional-review criminal-procedure due-process jury-trial pepper-v-united-states resentencing sentencing sentencing-modification statutory-interpretation unconstitutional |
WHETHER OR NOT/WHEN ONE HAS EXCERSIZED HIS RIGHT TO TRIAL AND
RF. FOUND GUILTY OF A COUNT IN HIS INDICTMENT THAT WOULD LATER
RF. FOUND UNCONSTITUTIONA… |
| 23-5760 |
Mattie T. Lomax v. United States |
Federal Circuit |
2023-10-11 |
Denied |
Response WaivedRelisted (2)IFP |
burden-of-proof constitutional-rights criminal-investigation criminal-procedure due-process fifth-amendment fourteenth-amendment jury-trial legal-definition seventh-amendment |
Plaintiff Mattie Lomax brought this action under 42 U.S.C. §§ 1983 and 1985, alleging that the Defendants violated her constitutional rights during a … |
| 23-5762 |
Isaiah Whitefox Redbird v. United States |
Tenth Circuit |
2023-10-11 |
Denied |
Response WaivedIFP |
where context made the basis of his objection to criminal-procedure evidence-preservation federal-rules-of-evidence plain-error-review preservation-requirement propensity-evidence tenth-circuit |
Did the Tenth Circuit incorrectly hold that Mr. Redbird's claim was not preserved, where context made the basis of his objection to exclude the prosec… |
| 23-5764 |
Kevin Lynn Tucker v. United States |
Eighth Circuit |
2023-10-11 |
Denied |
Response WaivedIFP |
criminal-procedure due-process nolle-prosequi nolle-prossed plea-agreement pretrial-detention sentencing sentencing-credit substantive-reasonableness waiver |
1. Whether the District Court's failure to give credit in sentencing for
state pretrial detention on subsequently nolle prossed "related" charges
crea… |
| 23-5736 |
In Re Travis J. Guttu |
|
2023-10-10 |
Denied |
IFP |
actual-innocence aedpa-deadline criminal-procedure due-process habeas-corpus ineffective-assistance plea-agreement plea-bargaining procedural-innocence |
1. Does a claim of procedural innocence require a petitioner to show his actual innocence with facts outside of the record where no trial took place?
… |
| 23-5739 |
Daniel Ray Metsinger v. United States |
Fifth Circuit |
2023-10-10 |
Denied |
Response WaivedIFP |
appeal appeal-waiver criminal-procedure due-process fifth-circuit jurisdiction plea-agreement plea-bargaining sentencing waiver |
Whether the Fifth Circuit erred by dismissing Mr. Metsinger's appeal based on the waiver of appeal provision in his Plea Agreement. |
| 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 |
Question not identified. |
| 23-374 |
Merrick B. Garland, Attorney General, et al. v. Bryan David Range |
Third Circuit |
2023-10-10 |
GVR |
Relisted (2) |
2nd-amendment constitutional-law criminal-procedure due-process felons felony-conviction firearm-possession firearms second-amendment standing statutory-interpretation |
Whether 18 U.S.C. 922(g)(1), the federal statute that prohibits a person from possessing a firearm if he has been convicted of "a crime punishable by … |
| 23-5730 |
Blaise Caroleo v. United States |
Second Circuit |
2023-10-06 |
Denied |
Response WaivedIFP |
constitutional-law constitutional-rights criminal-procedure cruel-and-unusual-punishment due-process eighth-amendment sentencing sentencing-scheme statutory-interpretation waiver-of-rights |
1. Whether a waiver of the protections against cruel and unusual punishment afforded to a defendant under the Eighth Amendment is valid and enforceabl… |
| 23-5722 |
Armando Orozco-Calderon v. United States |
Fifth Circuit |
2023-10-05 |
Denied |
Response WaivedIFP |
constitutional-law court-of-appeals criminal-procedure due-process judicial-review legal-precedent precedent sentencing supreme-court supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-5711 |
Mitchell D. Green v. Wisconsin |
Wisconsin |
2023-10-04 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
admissible-evidence constitutional-law criminal-procedure double-jeopardy due-process jury jury-impartiality mistrial trial-rights |
In Arizona v. Washington, 434 U.S. 497, 98 S.Ct. 824, 54 L.Ed.2d 717 (1978) this Court addressed under what circumstances the Double Jeopardy Clause p… |
| 23-5718 |
Adam Neftali Santana v. United States |
Third Circuit |
2023-10-04 |
Denied |
Response WaivedIFP |
4th-amendment conspiracy-charge criminal-indictment criminal-procedure evidence evidence-sufficiency firearm-possession motion-to-suppress search-warrant standing |
1. Did the Court err when it denied Petitioner's Motion to Suppress the evidence obtained through the execution of the contingency search warrant?
2.… |
| 23-357 |
Jacob Hilbert v. Missouri |
Missouri |
2023-10-04 |
Denied |
Response Waived |
constitutional-rights criminal-procedure defendant-rights due-process jury-trial jury-trial-waiver split-of-authority trial-court-discretion waiver |
Petitioner appeared for trial along with counsel. The trial court stated that defense counsel had represented that defense counsel wanted a bench tria… |
| 23-349 |
Donald Esslinger, et ux. v. Shawn Bass, et ux. |
Idaho |
2023-10-03 |
Denied |
Response WaivedRelisted (2) |
5th-amendment citizen-citation civil-procedure civil-rights continuance criminal-procedure due-process fifth-amendment parallel-proceedings self-incrimination summary-judgment |
In an Idaho civil trespass case petitioners were denied a first-time continuance of a summary judgment hearing after they asserted their Fifth Amendme… |
| 23-351 |
Rami A. Amer v. New Jersey |
New Jersey |
2023-10-03 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
article-vi-a criminal-procedure due-process interstate-agreement-on-detainers pretrial-motion unable-to-stand-trial |
1. Whether a defendant is always "unable to stand trial" under Article VI(a) of the Interstate Agreement on Detainers while a pretrial motion is pendi… |
| 23-5699 |
Jose J. Galiany-Cruz v. United States |
First Circuit |
2023-10-03 |
Denied |
Response WaivedIFP |
compassionate-release criminal-justice criminal-procedure district-court district-court-authority extraordinary-and-compelling-reasons federal-sentencing judicial-discretion sentencing sentencing-guidelines united-states-sentencing-guidelines |
Does a district court have the authority to determine what constitutes "extra ordinary and compelling reasons " warranting compassionate release or ar… |
| 23-5702 |
Ian A. Milaski v. Florida |
Florida |
2023-10-03 |
Denied |
Relisted (2)IFP |
arbitrary-and-unreasonable continuance counsel-of-choice criminal-procedure due-process right-to-counsel sixth-amendment trial-court |
Whether the trial court's arbitrary and unreasonable denial of a continuance (i.e., "I have full confidence in [current defense counsel's] ability to … |
| 23-5707 |
Edward James Steiner v. Washington |
Washington |
2023-10-03 |
Denied |
IFP |
case-review criminal-conviction criminal-procedure due-process evidence-tampering insufficient-evidence judicial-process jury-instructions legal-procedure prosecutorial-misconduct right-to-fair-trial |
(1) Was there prosecutor misconduct?
(2) Was there tampering of evidence?
(3) Was the Indictment not guilty?
(4) Is there witness tampering?
(5) W… |
| 23-5678 |
Jasper Michael Wagner v. United States |
Fifth Circuit |
2023-10-02 |
Denied |
Response WaivedIFP |
circuit-court-interpretation constitutional-law criminal-history criminal-procedure descamps-v-united-states gall-v-united-states judicial-fact-finding sentencing sentencing-guidelines sixth-amendment united-states-v-hernandez |
Whether the Fifth Circuit's holding that that judicial fact-finding as to past offenses is permissible during sentencing pursuant to United States v. … |
| 23-5684 |
William J. Dahl v. Wisconsin |
Wisconsin |
2023-10-02 |
Denied |
Relisted (2)IFP |
armed-robbery civil-rights constitutional-interpretation court-jurisdiction criminal-procedure due-process felony judicial-review legal-procedure precedent sentencing statutory-analysis |
Question not identified. |
| 23-5688 |
Angel Marie Jordan v. United States |
Fifth Circuit |
2023-10-02 |
Denied |
Response WaivedRelisted (2)IFP |
appeal-waiver constitutional-challenge criminal-justice criminal-procedure double-jeopardy due-process plea-agreement right-to-appeal |
This Court has recognized that an appeal waiver in a plea agreement cannot bar a challenge when a conviction, or sentence, is based on "constitutional… |
| 23-5689 |
Philip Jones v. Charles Schuyler, Acting Warden |
Ninth Circuit |
2023-10-02 |
Denied |
Response WaivedRelisted (2)IFP |
appellate-review certificate-of-appealability criminal-procedure habeas-corpus ineffective-assistance-of-counsel miller-el-v-cockrell ninth-circuit slack-v-mcdaniel |
Did the Ninth Circuit's refusal to issue a certificate of appealability for Jones's ineffective assistance of counsel claim conflict with this Court's… |
| 23-5692 |
Jose Ramon Andino-Morales v. United States |
First Circuit |
2023-10-02 |
Denied |
Response WaivedIFP |
6th-amendment acquitted-conduct criminal-procedure due-process fifth-amendment jury-trial jury-trial-right sentencing sixth-amendment |
Whether the Fifth and Sixth Amendments prohibit a federal court from basing a criminal defendant's sentence on conduct for which a jury has acquitted … |
| 23-333 |
Evan S. Gutman v. Citibank, N.A. |
Florida |
2023-10-02 |
Denied |
Response Waived |
civil-rights constitutional-rights criminal-procedure due-process equal-protection judicial-immunity litigation-privilege tortious-act |
Does a State Supreme Court infringe upon the Due Process and Equal Protection Clause Rights of a Litigant in both the Civil and Criminal Context in ev… |
| 23-346 |
Torriano Walpool v. Texas |
Texas |
2023-10-02 |
Denied |
Relisted (2) |
actual-innocence credibility credibility-determination criminal-procedure deference-to-trial-court due-process habeas-corpus standard-of-review trial-court-findings |
In Texas law, the Texas Court of Criminal Appeals considers the trial court the "eyes and ears" of the Court in making findings to aid the Court in de… |
| 23-5671 |
Oscar Hernandez Maldonado v. United States |
Fourth Circuit |
2023-09-29 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure cultural-assimilation downward-departure expert-testimony ineffective-assistance-of-counsel presentence-report sentencing waiver-of-rights |
Whether the United States Court of Appeals properly affirmed the trial court's determination that the defendant was denied effective assistance of cou… |
| 23-5672 |
Michael Lee Mac Cleary v. United States |
Ninth Circuit |
2023-09-29 |
Denied |
Response WaivedIFP |
circuit-split criminal-history criminal-procedure defendant-rights due-process judicial-accuracy sentencing townsend-v-burke uncounseled-defendants |
Whether the due process right to be sentenced based on accurate information that the Court recognized in Townsend v. Burke, 334 U.S. 736 (1948), is li… |
| 23-5676 |
Terry Wayne King, II v. Texas |
Texas |
2023-09-29 |
Denied |
Response WaivedIFP |
4th-amendment criminal-procedure employer-property employment fourth-amendment incarceration privacy privacy-expectation search-and-seizure transportation trucking-industry |
Does a person have a legitimate expectation of privacy in a tractor trailer truck cab that serves as his home while he is on the road working for an e… |
| 23-5664 |
Robert Edward Sindaco v. Florida |
Florida |
2023-09-28 |
Denied |
Relisted (2)IFP |
appellate-review constitutional-rights criminal-procedure due-process ineffective-counsel newly-discovered-evidence perjury post-conviction-relief prosecutorial-misconduct witness-credibility |
Question not identified. |
| 23-5666 |
Jeremy Aswegan v. United States |
Eighth Circuit |
2023-09-28 |
Denied |
Response WaivedIFP |
criminal-procedure government-objection plain-error sentencing sentencing-enhancement standard-of-review |
I.WHETHER PLAIN ERROR REVIEW APPLIES WHEN A
DEFENDANT OPPOSES A GOVERNMENT' OBJECTION
TO A SENTENCING ENHANCEMENT?
II.WHETHER THERE WAS INSUFFICIEN… |
| 23-5668 |
Maurice Bellamy v. United States |
District of Columbia |
2023-09-28 |
Denied |
Response WaivedIFP |
appellate-review constitutional-vagueness count-severance criminal-indictment criminal-procedure cruel-and-unusual-punishment double-jeopardy due-process indictment joinder severance trial-court-discretion |
I. Whether the trial court erred when it denied defendant's repeated motions to sever counts in the indictment
II. Whether the cruel, heinous and atr… |
| 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 |
1. Was Cooke's Sixth Amendment right to counsel violated when the state introduced at trial Cooke's post-indictment statements and actions that were i… |
| 23-311 |
Keith Michael Connole v. David W. Garbarino, Judge, Superior Court of Arizona, Maricopa County, et al. |
Arizona |
2023-09-27 |
Denied |
Relisted (2) |
arizona-revised-statutes codis-database criminal-procedure due-process evidence evidence-access reliability-of-conviction reliability-of-convictions statutory-interpretation |
Whether a trial court must interpret Arizona Revised Statutes Title 13, Section 4240, to maximize a defendant's due process rights to access evidence … |
| 23-321 |
Jerry J. Davis, Jr. v. United States |
Sixth Circuit |
2023-09-27 |
Denied |
Response Waived |
certificate-of-appealability criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sixth-amendment strickland strickland-standard trial-counsel |
Whether the District Court and Sixth Circuit Erred When Both Found That Mr. Davis Was Not Entitled to the Issuance of a Certificate of Appealability f… |
| 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 of the 6th Amendment and/or the Due Process Clause of the 14th Amendment require a criminal court to modify its policies… |
| 23-5645 |
Robert Eugene Stallings v. United States |
Fifth Circuit |
2023-09-26 |
Denied |
Response WaivedIFP |
constitutional-challenge counterman-precedent criminal-intent criminal-procedure due-process first-amendment harmless-error jury-instruction jury-instructions procedural-error statutory-interpretation sufficiency-of-evidence |
Whether Counterman v. Colorado, decided after the decision below, shows that 18
U.S.C. §1038(a) should be read to require proof that the defendant int… |
| 23-5654 |
Daquail Ramon Johnson v. Virginia |
Virginia |
2023-09-26 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
appellate-review criminal-conviction criminal-procedure due-process jackson-standard jackson-v-virginia rational-trier-of-fact reasonable-doubt standard-of-review sufficiency-of-evidence virginia |
In Jackson v. Virginia, 443 U.S. 307 (1979), this Court held that the Due Process Clause requires the following standard of review for appellate claim… |
| 23-5639 |
Damaso Rivera-Fonseca v. United States |
Eleventh Circuit |
2023-09-22 |
Denied |
Response WaivedIFP |
certificate-of-appealability constitutional-challenge convicted-felon criminal-procedure felon-in-possession firearm-possession habeas-corpus ineffective-assistance rehaif-v-united-states strickland-standard |
In light of the facts of this case, was the defense counsel ineffective in light of this court's precedent in Strickland v. Washington, 466 U.S. 668 (… |
| 23-5642 |
Tracy Jones, aka Tracy Wilcox v. United States |
Eighth Circuit |
2023-09-22 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure dismissal due-process fifth-amendment miranda-rights missouri-v-seibert presentment |
1) Whether a 37-day delay in presentment requires dismissal under the Due Process Clause of the Fifth Amendment?
2) Whether the use of pre-Mirandized… |
| 23-5631 |
Jason M. Moriarty v. United States |
Eleventh Circuit |
2023-09-21 |
Denied |
Response WaivedIFP |
consecutive-sentences criminal-law criminal-procedure imprisonment maximum-sentence revocation-of-release sentencing sentencing-guidelines statutory-interpretation supervised-release |
When revoking multiple terms of supervised release and requiring a defendant "to serve in prison all or part of the term of supervised release," may t… |
| 23-5632 |
Mario Rolando Cadenas v. United States |
Fifth Circuit |
2023-09-21 |
Denied |
Response WaivedIFP |
constitutional-interpretation criminal-law criminal-procedure due-process fifth-circuit-appeal judicial-precedent jury-trial precedent-overruling sentencing stare-decisis statutory-interpretation supreme-court-review |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-5634 |
Jacob M. Currey v. Illinois |
Illinois |
2023-09-21 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel legal-standard plea-bargaining right-to-appeal sixth-amendment |
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o rd^6+ c\ -VM^eAy^ pec? ^\<?4^o 4c? b'4h<i rc^xjftj g\jvr4y
^) \€o-& ,c\j\A v/ \l > 4 y iv(4> r^V^A" £X.… |
| 23-5635 |
William Raymond Carter v. Illinois |
Illinois |
2023-09-21 |
Denied |
IFP |
civil-rights constitutional-provisions criminal-procedure due-process evidence free-speech jurisdiction legal-procedure standing supreme-court writ-of-certiorari |
Question not identified. |
| 23-5624 |
Charles M. Porter v. United States District Court for the Middle District of Florida |
Eleventh Circuit |
2023-09-21 |
Denied |
Response WaivedRelisted (2)IFP |
4th-amendment civil-rights criminal-procedure due-process extraordinary-circumstances judicial-discretion law-enforcement probable-cause trial-court-error warrantless-arrest |
The sole point of this petition is the fact that Petitioner was arrested without probable cause. Hence, therefore, the warrantless arrest was unlawful… |
| 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 |
This petition seeks a review of a wrongful alleged conspiracy conviction.
A. There are three foundational prerequisites which must be established to … |
| 23-5618 |
Gustavo Tijerina Sandoval v. Texas |
Texas |
2023-09-20 |
Denied |
Relisted (10)IFP |
constitutional-rights criminal-procedure criminal-trial due-process jury-empanelment jury-selection lower-court-split trial-procedure |
1. Given that jury selection is one of the most critical phases of a criminal trial, how should courts determine when jury empanelment begins for a pa… |
| 23-5621 |
Amado Alvarez-Alvarado v. United States |
Fifth Circuit |
2023-09-20 |
Denied |
Response WaivedIFP |
constitutional-law constitutional-provisions criminal-law criminal-procedure due-process fifth-circuit judicial-interpretation precedent precedent-overruling sentencing supreme-court supreme-court-review |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-5626 |
Arun Dhavamani v. United States |
Fourth Circuit |
2023-09-20 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure criminal-prosecution due-process evidentiary-hearing factual-finding federal-jurisdiction manufactured-jurisdiction sentencing |
Whether a defendant's right to due process is violated when a Court of Appeals remands a case for additional factfinding after the district court has … |
| 23-5627 |
Ronald Rene Deleon, Jr. v. United States |
Fifth Circuit |
2023-09-20 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure mandatory-minimum plain-error revocation sentencing sentencing-procedure supervised-release |
Whether application of a mandatory minimum term of supervised release following a revocation amounts to plain error? |
| 23-5629 |
Rene Rigoberto Rodriguez v. United States |
Fifth Circuit |
2023-09-20 |
Denied |
IFP |
2nd-amendment appellate-review constitutional-analysis criminal-law criminal-procedure due-process felony-indictment fifth-circuit plain-error statutory-interpretation united-states-v-rahimi |
Whether a ruling in Mr. Rahimi's favor would affect the Fifth Circuit's plain-error analysis concerning the constitutionality of § 922(n). |
| 23-266 |
Javaar Yavonnie Kalem Watkins v. United States |
Eighth Circuit |
2023-09-20 |
Denied |
Response Waived |
constitutional-error conviction-reversal criminal-procedure due-process jury-instruction jury-instructions reasonable-doubt structural-error |
The Constitution requires the Government to persuade a jury "beyond reasonable doubt" in order to sustain a conviction. Over Watkins' objection, the r… |
| 23-5608 |
George Butler v. Mississippi |
Mississippi |
2023-09-19 |
Denied |
IFP |
civil-rights constitutional-violation criminal-procedure due-process habeas-corpus habitual-offender indictment ineffective-assistance-of-counsel ineffective-counsel intervening-decision sentencing-error |
(1) The Conviction and/or Sentence was in violation of the United States Constitution, Mississippi Constitution, and Laws of Mississippi.
(2) The Con… |
| 23-5599 |
Juan Manuel Amaya-Castaneda v. United States |
Fifth Circuit |
2023-09-18 |
Denied |
Response WaivedIFP |
almendarez-torres appellate-review criminal-procedure judicial-discretion prior-conviction-exception prior-convictions sentencing sentencing-guidelines sixth-amendment |
Whether, after Holguin-Hernandez v. United States, _U.S.__, 140 S.Ct. 762 (2020), a party may obtain appellate relief when the district court fails to… |
| 23-5607 |
Juan Valero v. Texas |
Texas |
2023-09-18 |
Denied |
Response WaivedIFP |
14th-amendment capable-of-repetition criminal-procedure due-process evading-review texas-code texas-code-of-criminal-procedure writ-of-certiorari |
I. DOES ARTICLE 46B.0095(A) OF THE TEXAS CODE OF CRIMINAL PROCEDURE VIOLATE THE DUE PROCESS CLAUSE OF THE 14TH AMENDMENT TO THE CONSTITUTION OF THE UN… |
| 23-5593 |
Shawn V. Castiglione v. Florida |
Florida |
2023-09-15 |
Denied |
IFP |
constitutional-law constitutional-validity criminal-procedure due-process equal-protection habeas-corpus post-conviction-relief sexual-offense statutory-interpretation |
1) Whether the Florida Statutes, Chapter 794 and Chapter 800, under
which Petitioner was charged, tried, convicted, sentenced and
incarcerated, are co… |
| 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 |
1. Whether trial-counsel erred by not filing a motion to
quash the indictments, despite the overwhelming-evidence
that proves the investigating offi… |
| 23-5596 |
Edward James Steiner v. Washington |
Washington |
2023-09-15 |
Denied |
IFP |
citizenship civil-liberties constitutional-rights criminal-procedure due-process evidence federal-jurisdiction legal-standing prosecutorial-misconduct standing witness-tampering |
Was there prosecutorial misconduct?
Was tape of evidence?
Is this in state jail?
Will this case and others bring like the first U.S. Citizens?
Wil… |
| 23-5569 |
Francisco Gutierrez v. United States |
Ninth Circuit |
2023-09-14 |
Denied |
Response WaivedIFP |
appeal appellate-procedure criminal-procedure de-novo-resentencing de-novo-review judicial-discretion law-of-case law-of-the-case open-record resentencing sentencing |
Does law of the case apply to an appeal from a de novo resentencing on an open record? |
| 23-5579 |
Fitzroy C. Morton v. Florida |
Florida |
2023-09-14 |
Denied |
Response RequestedResponse WaivedRelisted (18)IFP |
constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition jury-trial sixth-amendment |
Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-242 |
Jonathan M. Martinez v. United States |
Armed Forces |
2023-09-14 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
6th-amendment constitutional-rights criminal-procedure due-process jury-trial jury-unanimity military-conviction military-justice sixth-amendment unanimous-verdict uniform-code-military-justice |
Whether military convictions for serious offenses must be unanimous. |
| 23-5566 |
Scott A. Anthony v. United States |
Third Circuit |
2023-09-13 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
3rd-circuit 4th-circuit 8th-circuit child-abuse circuit-split criminal-procedure federal-criminal-law interstate-commerce sexually-explicit-conduct statutory-interpretation visual-depiction |
The Child Abuse Victims Right Act of 1986 led to the passage of 18 USC § 2251(a) which prohibits the knowing possession of videos and any other matter… |
| 23-5567 |
Carlos Gilbert Arellano-Ramirez v. Florida |
Florida |
2023-09-13 |
Denied |
Response RequestedResponse WaivedRelisted (18)IFP |
14th-amendment 6th-amendment constitutional-law constitutional-rights criminal-procedure felony felony-charges fourteenth-amendment jury-trial sixth-amendment |
Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-5570 |
Scottie Andrea Jackson v. Florida |
Florida |
2023-09-13 |
Denied |
Response RequestedResponse WaivedRelisted (18)IFP |
constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition jury-trial sixth-amendment |
Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-5572 |
Joseph W. Fischer v. United States |
District of Columbia |
2023-09-13 |
Judgment Issued |
Amici (12)Relisted (2)IFP |
circuit-split congressional-inquiry congressional-investigations criminal-procedure mens-rea obstruction-of-justice statutory-construction statutory-interpretation vagueness witness-tampering |
Did the D.C. Circuit err in construing 18 U.S.C. § 1512(c) ("Witness, Victim, or Informant Tampering"), which prohibits obstruction of congressional i… |
| 23-5573 |
Lashun Tracy Tinnen v. United States |
Fourth Circuit |
2023-09-13 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure defense-counsel habeas-corpus ineffective-assistance legal-precedent performance-evaluation right-to-counsel sixth-amendment strickland-standard strickland-test |
In light of the facts of this case, was the defense counsel ineffective in light of this court's precedent in Strickland v. Washington, 466 U.S. 668 (… |
| 23-5574 |
Ramone L. Wright v. United States |
Sixth Circuit |
2023-09-13 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process effective-assistance-of-counsel judicial-process notice-requirement self-representation sixth-amendment trial-preparation |
Question not identified. |
| 23-5575 |
Andrew Sposato v. Florida |
Florida |
2023-09-13 |
Denied |
Response RequestedResponse WaivedRelisted (18)IFP |
14th-amendment 6th-amendment constitutional-rights criminal-procedure due-process felony felony-charge fourteenth-amendment jury-trial sixth-amendment |
Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-5554 |
Cameron L. Hickman v. United States |
Fifth Circuit |
2023-09-12 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure criminal-trial due-process jury-instructions prosecutorial-burden reasonable-doubt sexual-assault standard-of-review sufficiency-of-evidence |
Whether the prosecution presented sufficient evidence at trial to establish the elements of the alleged crime. |
| 23-5555 |
Alfredo Garcia-Aleman v. United States |
Fifth Circuit |
2023-09-12 |
Denied |
Response WaivedIFP |
Apprendi-v-New-Jersey case-review criminal-procedure due-process fifth-circuit judicial-precedent jury-trial legal-challenge recidivism sentencing supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-5557 |
Millard E. Price v. Centurion of Delaware, LLC, et al. |
Delaware |
2023-09-12 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure discovery due-process evidence fair-trial indigent ineffective-assistance post-conviction-relief prisoner |
Question not identified. |
| 23-5562 |
Paul Dubois v. Nelson Alves, Superintendent, Massachusetts Correctional Institution at Norfolk |
First Circuit |
2023-09-12 |
Denied |
Response WaivedIFP |
circuit-split civil-procedure court-conflict criminal-procedure due-process extradition extradition-law judicial-jurisdiction jurisdiction procedural-review standing |
WHETHER THE UNITED STATES OF APPEALS HAS ENTERED A DECISION IN CONFLICT WITH THE DECISION OF ANOTHER UNITED STATES COURT OF APPEALS ON THE SAME JUDTIC… |
| 23-238 |
Roger Dale Anderson v. United States |
Sixth Circuit |
2023-09-12 |
Denied |
|
comport with the Supreme Court's holding in Ruan which did not explicitly reference the Controlled controlled-substances-act criminal-law criminal-procedure due-process jury-instructions medical-practice medical-professional-liability mens-rea statutory-interpretation |
In Ruan v. United States, 142 S. Ct. 2370 (2022), this Court held that a physician may be convicted under 21 U.S.C. § 841(a)(1), of the Controlled Sub… |
| 23-5547 |
Timothy James Hahn v. Florida |
Florida |
2023-09-08 |
Denied |
Response WaivedIFP |
constitutional-law constitutional-rights criminal-procedure cruel-and-unusual-punishment eighth-amendment juvenile-offenders juvenile-sentencing life-imprisonment sentencing |
Whether a sentence of life imprisonment without the possibility of parole on a defendant who was under the age of twenty-five at the time of the offen… |
| 23-5536 |
Kinley MacDonald v. Maine |
First Circuit |
2023-09-07 |
Denied |
Relisted (2)IFP |
child-protection child-welfare civil-rights criminal-procedure due-process family-law hearsay-evidence judicial-discretion standing |
Before the Court is a matter involving court-based Children, Placed into "ostern Care by mere hearsay) Causing: Itrepoir—adle harm. Th mother suffered… |
| 23-5539 |
Trezjuan Thompson v. United States |
First Circuit |
2023-09-07 |
Denied |
Response WaivedIFP |
appellate-review circuit-court-of-appeals circuit-split criminal-procedure criminal-sentencing deficient-performance ineffective-assistance new-rule-doctrine new-rule-of-law sentencing-counsel supreme-court-precedents |
1) How far afield from prior criminal sentencing cases does a doctrinal opinion from a regional circuit court of appeals have to go before it qualifie… |
| 23A222 |
Jong Whan Kim v. United States |
Fourth Circuit |
2023-09-07 |
Presumed Complete |
|
criminal-procedure guilty-plea mens-rea nature-of-charges ruan-v-united-states rule-11-colloquy |
Question not identified. |
| 23-5519 |
Octavio Cortez Fierros v. United States |
Eighth Circuit |
2023-09-06 |
Denied |
Response WaivedIFP |
administrative-law child-pornography civil-procedure constitutional-law criminal-procedure due-process first-amendment judicial-review legal-precedent sexual-exploitation standing statutory-interpretation |
Question not identified. |
| 23-5522 |
Javier Guerra v. United States |
Fifth Circuit |
2023-09-06 |
Denied |
Response WaivedIFP |
certificate-of-appealability criminal-procedure drug-quantities fifth-circuit ineffective-assistance ineffective-assistance-of-counsel sentence-enhancement sentencing-enhancement strickland-standard strickland-v-washington |
Given the case's specifics, was the defense counsel ineffective according to the Strickland v. Washington 466 U.S. 668 (1984) precedent when failing t… |
| 23-5523 |
Cedrick L. Jones v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2023-09-06 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure due-process federal-jurisdiction habeas-corpus judicial-oath judicial-review newly-discovered-evidence post-conviction-relief standing state-constitution |
d> f- Jflo&idk 1 UJh-^-4'k eft A £_i &C.U1K I Coo'R.T ' _ju<dcje.
Ju'R\SD \€±~Ctot4 _£> V_s 4 \aJK<£. nj i4p ^.onvA'd. 4o \oty #(-f(j? OATF
K/WP- Ah.€… |
| 23-5526 |
Adelfo Rodriguez-Mendez v. United States |
Third Circuit |
2023-09-06 |
Denied |
Response WaivedIFP |
alleyne-standard constitutional-violation criminal-procedure drug-attribution evidence fifth-amendment fourteenth-amendment fourth-amendment post-conviction-sentencing sentencing sixth-amendment |
1. Whether attributing drugs , post-conviction , in an amount greater than what is charged in an indictment and greater than what the jury found is in… |
| 23-5527 |
Brian Kerry O'Keefe v. Doug Gillespie, et al. |
Ninth Circuit |
2023-09-06 |
Denied |
IFP |
circuit-court-review civil-procedure constitutional-violation criminal-conviction criminal-procedure double-jeopardy federal-habeas habeas-corpus jurisdiction post-conviction post-conviction-relief state-court-proceeding |
Question not identified. |
| 23-5535 |
Michael Rocky Lane v. United States |
Ninth Circuit |
2023-09-06 |
Denied |
Response WaivedIFP |
brady-claim brady-rule circuit-split clear-and-convincing-evidence criminal-procedure due-process evidence-standard federal-jurisdiction federal-law habeas-corpus statutory-interpretation |
I. Whether The Circuit Courts Have Decided An Important Question Of Federal Law That Should Be Definitively Settled By This Court?
II. Whether 28 U.S… |
| 23-206 |
Jerry Lynn Burns v. Iowa |
Iowa |
2023-09-06 |
Denied |
Response Waived |
civil-rights criminal-procedure dna-collection fourth-amendment privacy-rights probable-cause search-and-seizure warrantless-search |
Does the State's warrantless search of a person's unavoidably shed DNA violate the Fourth Amendment where the individual has never been arrested or co… |
| 23-5514 |
Rodger William Dillard v. Wyoming |
Wyoming |
2023-09-05 |
Denied |
Response WaivedRelisted (2)IFP |
abuse-of-discretion alford-plea appeal court-rules criminal-procedure due-process judicial-abuse judicial-discretion plea-bargaining plea-withdrawal sentence-correction sentencing |
1. Did the District in and for Natrona County 7th Judicial Abuse its power when it accepted the Petitioner alford plea because the the statue reads as… |
| 23-5515 |
Carmen Saldana Meyer v. United States |
Fifth Circuit |
2023-09-05 |
Denied |
Response WaivedIFP |
criminal-procedure extraterritorial-jurisdiction federal-kidnapping-act foreign-commerce jurisdictional-basis jury-instructions kidnapping united-states unlawful-act |
Whether the Federal Kidnapping Act authorizes a conviction where the foreign commerce jurisdictional basis was the defendant's travel in foreign comme… |
| 23-5516 |
Angela Jane Johnson, et al. v. Victoria Fire and Casualty Company |
Sixth Circuit |
2023-09-05 |
Rehearing |
Relisted (2)IFP |
criminal-procedure due-process judicial-process legal-review petition public-trial right-to-counsel sentencing sixth-amendment supreme-court writ-of-certiorari |
Question not identified. |
| 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 |
Question not identified. |
| 23-5509 |
Vincent D. White, Jr. v. Michael Phillips, Warden |
Sixth Circuit |
2023-09-01 |
Denied |
Response WaivedIFP |
adverse-effect concurrent-conflict conflict-of-interest constitutional-rights criminal-defense criminal-procedure due-process habeas-corpus hearsay-evidence ineffective-assistance
23-5508" mickens-standard post-conviction-relief sixth-amendment state-court trial-counsel Whether a state court's denial of post-conviction |
1. Whether a criminal-defense attorney, under indictment on charges of rape, kidnapping, and sexual assault, has a conflict of interest when simultane… |
| 23-5512 |
Robinson Mendoza-Gomez v. United States |
Fifth Circuit |
2023-09-01 |
Denied |
Response WaivedIFP |
criminal-law criminal-procedure double-counting due-process enhancement-application federal-sentencing governmental-officer obstruction-of-justice sentencing-guidelines |
Whether the guidelines' enhancement for obstruction of justice requires some conduct above and beyond the conduct comprising the offense of conviction… |
| 23-5513 |
Rickeena Hamilton v. Tennessee |
Tennessee |
2023-09-01 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
burden-of-proof constitutional-rights criminal-procedure due-process jury-instructions lesser-included-offense right-to-present-defense second-degree-murder |
1. The defendant was convicted of second-degree murder after she stabbed a man who had attacked her in a bar without any provocation. This factual sit… |
| 23-5498 |
Alex Adams v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-08-31 |
Dismissed |
Relisted (2)IFP |
civil-rights constitutional-provision criminal-procedure due-process equal-protection habeas-corpus ineffective-assistance-of-counsel judicial-review jurisdictional-matter legal-issue procedural-question statutory-interpretation |
Question not identified. |
| 23-5499 |
Manuel De Jesus Del Cid Bran v. United States |
Fourth Circuit |
2023-08-31 |
Denied |
Response WaivedIFP |
18-usc-3583 abuse-of-discretion criminal-procedure criminal-sentencing deportation discretionary-sentencing sentencing-commission supervised-release |
A district court may not consider retribution when deciding whether to impose a term of supervised release. See Concepcion v. United States, 142 S. Ct… |
| 23-5504 |
Jabriel Fitzgerald Lakes v. United States |
Fourth Circuit |
2023-08-31 |
Denied |
Response WaivedIFP |
classification criminal-procedure due-process federal-rules-criminal-procedure incarceration-classification judicial-error presentence-report recidivism right-to-appeal sentencing sentencing-procedure |
Did the District Court commit "error" that substantively
—violated Lakes' right when it failed to enclude the disputes
of the objection to the PRS w… |
| 23-5505 |
Jacques Lamar Walker v. Virginia |
Virginia |
2023-08-31 |
Denied |
Response RequestedResponse WaivedRelisted (4)IFP |
bank-robbery criminal-procedure due-process evidence fourteenth-amendment trial-court witness-identification |
Whether The Supreme Court Of Virginia Erred In Refusing To Reverse Petitioner Jacques Lamar Walker's Convictions Because The Trial Court Violated The … |
| 23-5483 |
Dontavious Blake v. United States |
Eleventh Circuit |
2023-08-30 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure due-process evidence-prejudice ineffective-assistance-of-counsel judicial-bias plea-bargaining prejudice sentencing |
ISSUE 1: The Appellate Court erred in denying relief for
IOC concerning the advice that petitioner would receive a
life sentence after either a guilty… |
| 23-5484 |
Dion Ray Wheeler v. United States |
Fifth Circuit |
2023-08-30 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment sentencing sixth-amendment statutory-interpretation supervised-release |
Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments? |
| 23-5487 |
Jose Humberto Hernandez-Mendez v. United States |
Fifth Circuit |
2023-08-30 |
Denied |
Response WaivedIFP |
alleyne-rule almendarez-torres appellate-procedure apprendi-rule constitutional-interpretation criminal-law criminal-procedure due-process judicial-review precedent-analysis sentencing supreme-court-review |
Whether this Court should consider the continuing validity of Almendarez-Torres v. United States, 523 U.S. 244 (1998), in light of the reasoning of Ap… |
| 23-5489 |
Lonnie Dee Brown v. Oklahoma |
Oklahoma |
2023-08-30 |
Denied |
IFP |
appellate-review criminal-procedure daubert daubert-standard evidence expert-testimony ineffective-assistance kumho-tire standard-of-review strickland-test |
1. Whether the Oklahoma Court of Criminal Appeals ' review of trial courts
decisions to admit or exclude expert testimony comport with the United
St… |
| 23-5465 |
Steven Justin Villalona v. Warden, Oakdale FCI, 1, et al. |
Eleventh Circuit |
2023-08-29 |
Denied |
Response WaivedIFP |
article-iii-c constitutional-rights criminal-procedure due-process interstate-agreement-on-detainers judicial-remedy notice-requirement remedy speedy-trial trial-rights |
Question not identified. |
| 23-5472 |
Jorge Andrade Rico v. James Robertson, Warden, et al. |
Ninth Circuit |
2023-08-29 |
Denied |
Response WaivedIFP |
administrative-detention civil-rights constitutional-rights criminal-procedure due-process federal-review habeas-corpus mootness procedural-default solitary-confinement standing |
The OCR text provided is too degraded and illegible to accurately extract the "Question(s) Presented" section verbatim. While a "QUESTION(S) PRESENTED… |
| 23-5455 |
John A. Crane v. Florida |
Florida |
2023-08-28 |
Denied |
Response RequestedResponse WaivedRelisted (18)IFP |
constitutional-rights criminal-defendant criminal-procedure due-process felony felony-charge fourteenth-amendment jury-trial sixth-amendment |
Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-5457 |
Deangelus Thomas v. United States |
Sixth Circuit |
2023-08-28 |
GVR |
Relisted (3)IFP |
armed-career-criminal-act burden-of-proof constitutional-fact-finding criminal-procedure due-process indictment jury-trial predicate-convictions sentencing sentencing-enhancement statutory-penalty |
May a district court judge properly find, by a preponderance of the evidence, the uncharged, non-elemental fact that a person committed three prior of… |
| 23-5458 |
Kimeo Delmar Conley v. Jason Wells, Warden |
Seventh Circuit |
2023-08-28 |
Denied |
Response WaivedIFP |
4th-amendment burden-of-proof constitutional-rights criminal-procedure due-process evidence fourth-amendment jury-instructions sixth-amendment statutory-interpretation |
Question not identified. |
| 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, 380 U.S. 415, 85
S.CT. 1074, 13 L.ED.2D 934 (1965) WAS HARMLESS… |
| 23-5440 |
Roman Andreyevich Glukhoy v. California |
California |
2023-08-25 |
Denied |
Response WaivedIFP |
appellate-review chapman-standard chapman-v-california criminal-procedure harmless-error jury-instructions legal-theory prejudice prejudicial-error standard-of-review |
1. When a defendant is convicted after a trial court instructs a jury on two theories of
guilt, one of which is legally correct and one legally incorr… |
| 23-5445 |
William Bazemore v. United States |
Second Circuit |
2023-08-25 |
Denied |
Response WaivedIFP |
abuse-of-discretion crime-of-violence criminal-procedure district-court factual-findings guilty-plea section-1591 sex-trafficking voluntariness withdrawal |
I
WHETHER THE DISTRICT COURT ABUSED ITS DISCRETION
WHEN IT DENIED DEFENDANT'S MOTION TO WITHDRAW HIS
GUILTY PLEA AND FAILED TO MAKE FACTUAL FINDINGS
N… |
| 23-5449 |
Antonio Rojas v. United States |
Fifth Circuit |
2023-08-25 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment sentencing sixth-amendment statutory-interpretation supervised-release |
Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments? |
| 23-5450 |
Hermenegildo Garcia-Gutierrez v. United States |
Fifth Circuit |
2023-08-25 |
Denied |
Response WaivedIFP |
case-law constitutional-law criminal-law criminal-procedure due-process fifth-circuit judicial-precedent jury-trial sentencing supreme-court supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-5451 |
Raul Omar Rios-Hernandez v. United States |
Fifth Circuit |
2023-08-25 |
Denied |
Response WaivedIFP |
constitutional-interpretation constitutional-law criminal-law criminal-procedure due-process fifth-circuit-appeal judicial-precedent jury-trial precedent-overruling sentencing statutory-interpretation supreme-court-review |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-5453 |
Pedro Ramirez-Urbina v. United States |
Fifth Circuit |
2023-08-25 |
Denied |
Response WaivedIFP |
5th-amendment 6th-amendment alien-smuggling burden-of-proof causation causation-standard criminal-procedure due-process fifth-amendment sentence-enhancement sixth-amendment |
Whether the Fifth or Sixth Amendments prohibit conduct for which Ramirez was acquitted—committing an alien-smuggling offense that resulted in a death—… |
| 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 |
1. Whether Petitioner's constitutional right to confrontation was violated when, during his criminal jury trial, the district court restricted cross e… |
| 23-5422 |
Herman Robinson v. Donita McIntosh, Superintendent, Clinton Correctional Facility |
Second Circuit |
2023-08-24 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure due-process evidence fourth-amendment illegal-evidence police-procedure search-and-seizure |
Did the Schenectady County Police Department violate Petitioner's Fourth Amendment right against illegal search and seizure?
Did the Schenectady Coun… |
| 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 when the district court ruled that he could not cross-examine two important eye-witnesses "in… |
| 23-5432 |
Kyle Vaughn v. United States |
Fifth Circuit |
2023-08-24 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure judicial-presumption presumption-of-reasonableness reasonableness-standard rita-precedent rita-v-united-states sentencing sentencing-guidelines substantive-reasonableness |
Whether the Court should clarify how a defendant who challenges
the substantive reasonableness of a within-Guidelines sentence may
rebut an appellate … |
| 23-5435 |
Marques Webb v. United States |
Fifth Circuit |
2023-08-24 |
Denied |
Response WaivedIFP |
appeal appeal-waiver criminal-procedure due-process fifth-circuit judicial-review jurisdiction plea-agreement plea-bargaining procedural-default waiver |
Whether the Fifth Circuit erred by dismissing Mr. Webb's appeal based on the waiver of appeal provisions in his Plea Agreement. |
| 23-5413 |
Christopher Ray Lipska, aka Christopher Ray Hare v. Oregon |
Oregon |
2023-08-23 |
Denied |
IFP |
child-abuse child-sexual-abuse criminal-procedure evidence evidence-admissibility judicial-discretion prior-convictions sentencing sentencing-proportionality sexual-abuse |
1) In an ECSA and unlawful contact with a trial, does a trial court abuse its OEC 401, 402, 403 discretion by allowing the state to present evidence t… |
| 23-5417 |
Ari Misha Liggett v. Colorado |
Colorado |
2023-08-23 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
constitutional-evidence criminal-procedure due-process exclusionary-rule harris-v-new-york impeachment-exception insanity-defense james-v-illinois supreme-court-precedent |
Whether the Colorado Supreme Court's radical expansion of the narrow impeachment exception this Court adopted in Harris v. New York, 401 U.S. 222 (197… |
| 23-5418 |
Billy Noel Catherwood v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2023-08-23 |
Denied |
Response WaivedIFP |
appellate-review civil-procedure criminal-procedure due-process federal-habeas-corpus judicial-circuit national-emergency public-defender standing state-corrections time-extension victim-impact |
Question not identified. |
| 23-5419 |
Seth Williams v. United States |
Third Circuit |
2023-08-23 |
Denied |
Response WaivedIFP |
career-offender constitutional-challenge criminal-procedure due-process jurisdiction jurisdictional-authority mandatory-minimum rehaif-doctrine sentencing sentencing-modification |
Does the District Court for the Middle District of Pennsylvania have the authority and jurisdiction to change a sentence after 12 years that was ORALL… |
| 23-5423 |
Andre Monteek Edwards v. Kim Cargor, Warden |
Sixth Circuit |
2023-08-23 |
Denied |
Response WaivedIFP |
accident accident-defense criminal-procedure ineffective-assistance-of-counsel jury-instructions prejudice prejudice-analysis second-degree-murder self-defense strickland-standard |
1(a). DOES A SECOND DEGREE MURDER CONVICTION PRECLUDE A SHOWING OF PREJUDICE WHEN COUNSEL'S ERRORS WHICH PRECLUDED THE JURY'S CONSIDERATION OF MICHIGA… |
| 23-5424 |
Caesar V. Vaca v. United States |
Eighth Circuit |
2023-08-23 |
Denied |
Response WaivedIFP |
appellate-review civil-rights-restoration constitutional-challenge criminal-procedure due-process federal-firearms-law felony-possession habeas-corpus ineffective-assistance ineffective-assistance-of-counsel restoration-of-civil-rights second-amendment |
I. Whether reasonable jurist could debate that trial and
appellate counsel failed to invoke 18 U.S.C. §921(a)(20)
despite abundant legal support for… |
| 23-5396 |
Antoine Clark v. United States |
Third Circuit |
2023-08-21 |
Denied |
Response WaivedIFP |
criminal-procedure exigent-circumstances fourth-amendment law-enforcement probable-cause title-iii wiretap wiretap-law |
1. Whether this Court should set limits on whether law enforcement's selfcreated exigent circumstances provide justification for a Title III wiretap? |
| 23-5404 |
Grace Woodham v. New Hampshire |
New Hampshire |
2023-08-21 |
Denied |
IFP |
appellate-review civil-rights competency-to-stand-trial constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel judicial-jurisdiction mental-health-treatment pretrial-detention |
Did either / both my appellate and trial counsel perform beneath the standard demanded by the US Constitution?
Was this appeal moot? |
| 23-5410 |
Sedrick D. Russell v. J. Denmark |
Fifth Circuit |
2023-08-21 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
civil-rights constitutional-rights criminal-procedure due-process exhaustion-doctrine habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prejudice pro-se-petition sixth-amendment standing |
Must a pro se petitioner alleging a complete denial of counsel specifically cite Cronic to exhaust his claim in the state court?
If a detained crimin… |
| 23-5385 |
Adam Knoll v. Florida |
Florida |
2023-08-18 |
Denied |
Relisted (3)IFP |
constitutional-law constitutional-validity criminal-procedure due-process equal-protection habeas-corpus procedural-error sexual-offense standing |
1) Whether the Florida Statutes, Chapter 794 and Chapter 800, under
which Petitioner was charged, tried, convicted, sentenced and
incarcerated, are co… |
| 23-5387 |
James Frank Noel, Jr. v. Indiana Metro Police Department, et al. |
Seventh Circuit |
2023-08-18 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure due-process federal-jurisdiction sentencing statutory-interpretation |
Question not identified. |
| 23-5389 |
Wilfredo Rodriguez v. United States |
Eleventh Circuit |
2023-08-18 |
Denied |
Response WaivedIFP |
appellate-review circuit-split colorable-claim criminal-procedure district-court-discretion due-process federal-criminal-procedure judicial-discretion judicial-response sentencing sentencing-argument |
Where a federal criminal defendant raises a colorable sentencing argument, must the district court acknowledge and respond to it? |
| 23-5390 |
Neeraj Chopra v. United States |
Eighth Circuit |
2023-08-18 |
Denied |
Response WaivedIFP |
constructive-amendment criminal-procedure due-process essential-elements indictment indictment-modification jury-instruction jury-instructions sexual-assault sexual-contact statutory-interpretation |
A jury instruction constructively amends the indictment if it modifies the essential elements of the offense charged in the indictment. Chopra's indic… |
| 23-5391 |
Walter Raul Maguina v. United States |
Fifth Circuit |
2023-08-18 |
Denied |
Response WaivedIFP |
appeal appellate-review criminal-procedure district-court due-process evidence extrinsic-evidence harmless-error judicial-procedure prejudice prejudicial-evidence remand |
Whether a district court's failure to address the prejudicial nature of extrinsic evidence requires remand. |
| 23-5393 |
Shaun N. Taylor v. Illinois |
Illinois |
2023-08-18 |
Denied |
Response WaivedIFP |
ake-v-oklahoma criminal-procedure due-process expert-appointment expert-witness fourteenth-amendment indigent-defendant insanity-expert mental-competency mental-health right-to-counsel |
I. Do this Court's decisions in Ake v. Oklahoma and McWilliams v. Dunn require the appointment of a second insanity expert for an indigent defendant w… |
| 23-5394 |
In Re Justin Lewis |
|
2023-08-18 |
Denied |
IFP |
appellate-jurisdiction civil-rights constitutional-law criminal-procedure double-jeopardy due-process eighth-amendment federal-court fifth-amendment fourteenth-amendment judicial-review legal-procedure |
Question not identified. |
| 23-5395 |
In Re Justin Lewis |
|
2023-08-18 |
Denied |
IFP |
4th-amendment appellate-jurisdiction civil-procedure civil-rights constitutional-rights criminal-procedure due-process federal-court judicial-review prosecutorial-misconduct statutory-interpretation |
Question not identified. |
| 23-5399 |
Milton Melvin Rodgers v. California |
California |
2023-08-18 |
Denied |
IFP |
civil-rights constitutional-law constitutional-provisions court-procedure criminal-procedure due-process evidence jurisdictional-issue legal-writ search-and-seizure statutory-provisions |
Cm, f_j:_shou\A (kc\\g 4k &(lauxr^ \^cWl yelloA of iquk
Mi>q. <X ^jkj^AgLSpe &eSeion of a tixeAfm
!?^iso0*Ljy2^QsA-^^
X- A\A nrel ^,,A A
fc/uAg*, U)K… |
| 23-160 |
Francisco Dario Mora v. United States |
Ninth Circuit |
2023-08-18 |
Denied |
Amici (1)Response RequestedResponse WaivedRelisted (2) |
28-usc-2461 criminal-forfeiture criminal-procedure due-process government-seizure property-rights statutory-interpretation substitute-property temporary-possession |
Whether the Government may require criminal defendants under 28 U.S.C. § 2461 to forfeit their own property as a substitute for objects they temporari… |
| 23-5365 |
Marcus Roosevelt Taylor v. United States |
Fourth Circuit |
2023-08-17 |
Denied |
Response WaivedIFP |
asset-forfeiture civil-rights constitutional-rights criminal-procedure drug-proceeds drug-trafficking due-process mandatory-victim-restitution-act restitution restitution-order |
Whether the $228,304 restitution order infringes upon Marcus Taylors constitutional rights. And sets a dangerous precedent by allowing for the return … |
| 23-5374 |
Jessie C. Roberts v. Danny Samuel |
Ninth Circuit |
2023-08-17 |
Denied |
Response WaivedIFP |
competency criminal-procedure delusions hallucinations incompetency ineffective-assistance mental-health specific-intent |
Whether a trial counsel whose client has been found incompetent to stand trial three different times prior to trial provides ineffective assistance of… |
| 23-5379 |
Everett Charles Wills, II v. Louisiana |
Louisiana |
2023-08-17 |
Denied |
Response WaivedIFP |
actus-reus counsel-concession criminal-defendant-rights criminal-procedure ineffective-assistance-of-counsel mens-rea retroactivity right-to-counsel sixth-amendment trial-strategy |
When guilt is the sole issue for the jury to decide, is it permissible for counsel to unilaterally concede the essential elements (actus reus and mens… |
| 23-5362 |
Jerry Lee Beale, Jr. v. Mississippi |
Mississippi |
2023-08-16 |
Denied |
Response WaivedIFP |
attempted-murder civil-rights criminal-intent criminal-procedure due-process hearsay hearsay-testimony intent jury-instructions officer-testimony trial-procedure |
A. Whether the indictment is defective for failure to allege what act Beale committed in furtherance of his attempt to kill the officers.
B. Whether … |
| 23-5363 |
Kyle Richard Bishop v. Georgia |
Georgia |
2023-08-16 |
Denied |
Response WaivedIFP |
civil-rights constitutional-interpretation criminal-procedure double-jeopardy due-process judicial-discretion jurisdiction mitigating-factors sentencing-guidelines standing |
Question not identified. |
| 23-5364 |
Christopher Alexander Nerius v. United States |
Eleventh Circuit |
2023-08-16 |
Denied |
IFP |
armed-career-criminal-act career-offender-guideline controlled-substance-offense criminal-procedure federal-sentencing prior-conviction sentencing-guidelines timing-question united-states-sentencing-guidelines |
Whether, in determining if a prior offense is a "controlled substance offense" for purposes of the career offender guideline, U.S.S.G. § 4B1.2(b), sen… |
| 23-5366 |
Ricky Alan Deephouse v. Wyoming |
Wyoming |
2023-08-16 |
Denied |
Response WaivedRelisted (2)IFP |
criminal-procedure due-process hearsay-evidence illegal-opinion-issuance judicial-review rule-of-law single-justice-opinion state-court-procedure state-power-abuse state-supreme-court wyoming-rules-of-evidence |
1. DID THE STATE SUPREME COURT IN THIS MATTER ABUSE ITS POWER?
2. DID THE STATE SUPREME COURT IN THIS MATTER MISUSE ITS POWER?
3. DID THE STATE SUPR… |
| 23-5372 |
Larry David Davis v. Amy Jackson Douglas, et al. |
Eighth Circuit |
2023-08-16 |
Dismissed |
IFP |
civil-rights constitutional-provisions criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel legal-jurisdiction police-misconduct statutory-interpretation trial-procedure |
Question not identified. |
| 23-5357 |
Carlos Edwin Smith, Jr. v. United States |
Fourth Circuit |
2023-08-15 |
Denied |
Response WaivedIFP |
18-usc-3553(a) 18-usc-3553a adult-sentencing adverse-childhood-experiences criminal-procedure criminal-sentencing district-court judicial-discretion mitigation-factors relevancy sentencing-guidelines |
I. WHEN SENTENCING A DEFENDANT PURSUANT TO 18 U.S.C. § 3553(a) DOES A DISTRICT COURT FULLY "CONSIDER THE FACTORS SET FORTH IN 18 U.S.C. § 3553(a)" IF … |
| 23-5359 |
James Thomas Burke v. Nick Deml, Commissioner, Vermont Department of Corrections, et al. |
Second Circuit |
2023-08-15 |
Denied |
Response WaivedIFP |
conflict-of-interest constitutional-rights criminal-procedure defense-counsel due-process effective-assistance effective-assistance-of-counsel right-to-counsel sixth-amendment |
#1. Whether Americans are lawfully entitled to conflict free defense counsel?
#2. Whether Americans are lawfully entitled to effective assistance of … |
| 23-5350 |
Daniel Chris Ramsey v. California |
California |
2023-08-14 |
Denied |
Response WaivedIFP |
civil-rights competency constitutional-provisions criminal-procedure due-process equal-protection jurisdiction legal-procedure mental-health writ |
Question not identified. |
| 23-5339 |
Jean Buteau Remarque v. United States |
Fourth Circuit |
2023-08-11 |
Denied |
Response WaivedIFP |
arbitrary-enforcement civil-rights criminal-procedure double-jeopardy due-process fourth-amendment probable-cause section-2252A speedy-trial statutory-interpretation |
1. Whether an unprecedented legal theory of receipt that relies on file name of unauthenticated screen shots as relevant unit of prosecution under Sec… |
| 23-5343 |
Scott Lindsay Halfhill v. Washington |
Washington |
2023-08-11 |
Denied |
IFP |
alternative-suspect circumstantial-evidence criminal-procedure due-process fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel reasonable-doubt sixth-amendment |
(1) Should this Court grant Certiorari when Halfhill was convicted of killing a man with intent upon nothing more than being of many people in the vic… |
| 23-5345 |
Henry Robledo v. United States |
Ninth Circuit |
2023-08-11 |
Denied |
Response WaivedIFP |
circuit-split criminal-procedure federal-rules holguin-hernandez-v-united-states preservation-of-error procedural-reasonableness sentencing sentencing-preservation statutory-interpretation |
Is an argument for a sentence based on specific statutory sentencing factors sufficient to preserve a procedural reasonableness claim? |
| 23-5324 |
Michael D. Beiter, Jr. v. United States |
Eleventh Circuit |
2023-08-10 |
Denied |
Response WaivedRelisted (2)IFP |
18-usc-3006a court-appointed-counsel criminal-procedure due-process forced-counsel right-to-counsel sixth-amendment statutory-interpretation waiver |
This case presents an important issue concerning what constitutes "the right to have the assistance of counsel" under the Sixth Amendment to the U.S. … |
| 23-5326 |
Latonia Smith v. United States District Court for the District of Nevada |
Ninth Circuit |
2023-08-10 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure due-process first-amendment free-speech habeas-corpus legal-detention speech-conduct standing |
Whether AOL A(C2I0B) targets conduct lone of SPeecin.and.Conduck Can sir distinciand.Confircking opinyvons among tthe lowes Coutts ond signifreanty ta… |
| 23-5331 |
Al Douglas Wordly v. United States |
Eleventh Circuit |
2023-08-10 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
circuit-split constitutional-vagueness criminal-procedure due-process habeas-corpus procedural-default residual-clause statutory-interpretation vagueness-doctrine |
Whether Johnson v. United States, 576 U.S. 591 (2015), establishes "cause" to excuse procedurally defaulted 28 U.S.C. § 2255 claims that are predicate… |
| 23-5334 |
Mario Iglesias-Villegas v. United States |
Fifth Circuit |
2023-08-10 |
Denied |
Response WaivedIFP |
criminal-procedure direct-appeal due-process evidence grand-jury-transcripts habeas-corpus jackson-standard reasonable-doubt rule-6e sufficiency-of-evidence |
1. The Court has held that the due process clause requires the government to prove each element of a criminal offense beyond a reasonable doubt. In re… |
| 23-5303 |
Jeanne Germeil v. United States |
Eleventh Circuit |
2023-08-09 |
Denied |
Response WaivedIFP |
controlled-substances controlled-substances-act criminal-procedure expert-testimony good-faith jury-instructions medical-practice ruan-v-united-states |
1. Whether the United States Supreme Court's Decision in Ruan v. United States Warrants Certiorari Review of the Court's Refusal to Instruct the Jury … |
| 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 |
May the Court rely on an uncorroborated accusation of criminal conduct in a police report to enhance a defendant's sentence when the report is not par… |
| 23-5312 |
In Re Brian D. Smith |
|
2023-08-09 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-bias judicial-recusal plea-bargaining right-to-appeal |
Is Smith's plea of guilty invalid because he was not informed of the true nature of his crime and was misled and misinformed by his court-appointed pu… |
| 23-5314 |
Joe Crawford v. United States |
Fifth Circuit |
2023-08-09 |
Denied |
Response WaivedIFP |
confidential-informant criminal-law criminal-procedure due-process evidence evidence-sufficiency felony-conviction jury-instructions mens-rea reasonable-doubt rehaif-standard réhaif-v-united-states |
WHETHER IN LIGHT OF Rehaif v. United States, 139 S. Ct. 2191 204 L.Ed.2d (2019), WAS THE EVIDENCE INSUFFICIENT TO SUSTAIN A CONVICTION WHEN THE GOVERN… |
| 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 (6th) Amendment, [confrontation clause], and clearly established law of the United States… |
| 23-5320 |
Curtis Lavon Magee v. United States |
Fifth Circuit |
2023-08-09 |
Denied |
Response WaivedIFP |
appeal appeal-waiver criminal-procedure due-process fifth-circuit judicial-review jurisdiction plea-agreement plea-bargaining procedural-error waiver |
Whether the Fifth Circuit erred by dismissing Mr. Magee's appeal based on the waiver of appeal provisions in his Plea Agreement. |
| 23-5321 |
Samuel Reaves v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division, et al. |
Fifth Circuit |
2023-08-09 |
Denied |
Relisted (2)IFP |
appeals appellate-jurisdiction constitutional-review criminal-procedure due-process ineffective-assistance-of-counsel judicial-review legal-procedure plea-bargaining procedural-barriers right-to-counsel state-courts |
uJhd-r) A Z)«f X/^CoiM PeJ-e^cV : x S
14^I sU.jl. IXll&jje-tl 4-c> QeJ- -#-kjL_ doiir-t do ^>iire- Courts e-i T
LUllAk 0ot7s/-.'4u-l-*'.5 /3 )0 l/olc… |
| 23-5322 |
Tommie Doward Weathers, Jr. v. United States |
Fourth Circuit |
2023-08-09 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fault-determination pretrial-confinement pretrial-detention release-from-confinement speedy-trial-act statutory-interpretation |
This case concerns the meaning of the word "fault" in 18 U.S.C. § 3164(c), which says that if a defendant is not brought to trial within 90 days follo… |
| 23-5298 |
Edgar Sandoval Catarino v. California |
California |
2023-08-08 |
Denied |
Response WaivedIFP |
criminal-procedure fourteenth-amendment jury-trial mandatory-minimum sentencing sixth-amendment |
1. Do the Sixth and Fourteenth Amendments confer a right to a
jury trial with respect to a fact that has the dual effect of (1) increasing
the mandato… |
| 23-119 |
Rolland G. Shoup, II v. Indiana |
Indiana |
2023-08-08 |
Denied |
Response Waived |
brady-v-maryland brady-violation civil-criminal-distinction civil-procedure constitutional-rights criminal-procedure due-process speeding-infraction speeding-infractions state-power |
Whether a state may deprive a citizen of his right to due process and ignore this Court's ruling in Brady v. Maryland, 373 U.S. 83 (1963) by treating … |
| 23-121 |
Patrick Shin v. United States |
Ninth Circuit |
2023-08-08 |
Denied |
Response Waived |
coram-nobis criminal-case criminal-procedure defendant-decision-making ineffective-assistance plea-bargaining post-hoc-assertion prejudice strickland-standard strickland-v-washington writ-of-error |
1. Whether a district court may require
an additional showing of prejudice to grant a writ of
coram nobis in a criminal case, and, if so, whether
the … |
| 23-5294 |
Micky Don Wade v. Texas |
Texas |
2023-08-07 |
Denied |
IFP |
criminal-procedure cronic-standard due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sixth-amendment strickland-standard |
1. May a state court evaluate a Cronic claim under the more burdensome standard of Strickland? (Please see Memorandum Opinion below, Appendix Exhibit … |
| 23-5295 |
Custodio Carrasco-Garcia v. United States |
Fifth Circuit |
2023-08-07 |
Denied |
Response WaivedIFP |
counsel-performance criminal-procedure due-process ineffective-assistance right-to-appeal sixth-amendment strickland-standard strickland-v-washington |
In light of the facts of this case, was the defense counsel ineffective in light of this court's precedent in Strickland v. Washington, 466 U.S. 668 (… |
| 23-5281 |
Morris Scott Holmes v. Tommy Bowen, Warden |
Georgia |
2023-08-04 |
Denied |
Response WaivedRelisted (2)IFP |
constitutional-rights criminal-procedure double-jeopardy due-process fair-trial habeas-corpus ineffective-assistance-of-counsel jury-instructions prosecutorial-misconduct |
I. D&U.BLS. IT£/SPAf\-DY 1 f*g4i4i an.i4r U/£LS faiLiud *rUfl4 du.il4u v of WaLiCd. flluftlCr
fcdiLnil Dfde ^ t\\n.ct^£ of i/udicfmeAi + 'i'lLoHXX ^f… |
| 23-5284 |
John Wesley Lee, Jr. v. Maryland |
Maryland |
2023-08-04 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure discovery discovery-violation dna-evidence dna-testing due-process ineffective-assistance-of-counsel judicial-misconduct pro-se-litigant video-recording |
1. Whether an Indigent Pro Se Petitioner Entitled to counsel; where DNA Testing Results and Video Recording exist; but, never given to the trial attor… |
| 23-5289 |
Willie Seth Crain, Jr. v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2023-08-04 |
Denied |
IFP |
appellate-review constitutional-rights criminal-procedure due-process evidence-sufficiency fourteenth-amendment ineffective-assistance pleadings sixth-amendment sufficiency-of-evidence |
1. Is it a violation of the Fourteen th Amendment right to Due Process to allow a conviction to stand where some of the elements of the crime were not… |
| 23-5292 |
Carlos Arturo Patino Restrepo v. United States |
Second Circuit |
2023-08-04 |
Denied |
Response WaivedIFP |
conspiracy constructive-amendment criminal-procedure due-process indictment jury-instructions prosecutorial-discretion |
Where an indictment alleges a conspiracy involving a specific group, does a district court's conspiracy instructions which removes any mention of the … |
| 23-5270 |
Justin Lewis v. United States |
Eleventh Circuit |
2023-08-03 |
Denied |
Response WaivedIFP |
appellate-jurisdiction constitutional-violation criminal-procedure double-jeopardy due-process eighth-amendment fifth-amendment fourteenth-amendment good-faith-appeal motion-to-dismiss |
Question not identified. |
| 23-5271 |
Eric Villarreal v. California |
California |
2023-08-03 |
Denied |
IFP |
abuse-of-discretion court-of-appeals criminal-conviction criminal-procedure disability due-process ineffective-assistance-of-counsel judicial-standard legal-review mental-health psychological-disorder right-to-counsel |
Question not identified. |
| 23-5273 |
Cory Joe Barton v. United States |
Fifth Circuit |
2023-08-03 |
Denied |
Response WaivedIFP |
appeal criminal-procedure due-process fifth-circuit procedural-due-process rule-32 sentencing statutory-construction |
Did the Fifth Circuit err in holding that the determination of Mr. Barton's sentence did not violate his procedural due process rights? |
| 23-5274 |
Wicahpe George Milk v. United States |
Eighth Circuit |
2023-08-03 |
Denied |
Response WaivedIFP |
18-usc-1503 attorney-client-privilege constitutional-challenge criminal-procedure dismissal indian-reservation jurisdiction statutory-interpretation suppression |
I. Whether acts occurring on the Pine Ridge Indian Reservation deprived the Court of jurisdiction over all parts of the indictment.
II. Whether 18 U.… |
| 23-5276 |
German Martinez v. United States |
Fifth Circuit |
2023-08-03 |
Denied |
Response WaivedIFP |
appellate-review appellate-standard circuit-split criminal-procedure judicial-discretion sentencing sentencing-factors sentencing-guidelines sentencing-review standard-of-review substantive-reasonableness |
Whether substantive reasonableness review necessarily requires the court of appeals to reweigh the sentencing factors? |
| 23-107 |
Louis Matthew Clements v. Florida, et al. |
Eleventh Circuit |
2023-08-03 |
Denied |
Response RequestedResponse WaivedRelisted (3) |
criminal-procedure criminal-sanction custody due-process federal-jurisdiction habeas-corpus liberty liberty-restraint sex-offender-registration statutory-interpretation |
Federal courts "shall entertain an application for a writ of habeas corpus in behalf of a person in custody pursuant to the judgment of a State court … |
| 23-104 |
Granville S. Watson v. Connecticut, et al. |
Second Circuit |
2023-08-03 |
Denied |
|
18-usc-242 civil-rights constitutional-rights criminal-procedure discretionary-function-exception federal-tort-claims-act fraudulent-concealment sovereign-immunity wrongful-incarceration |
Federal Tort Claims Act's (F.T.C.A.) discretionary function exception does not immunize the government from liability for actions proscribed by federa… |
| 23-95 |
Philip Esformes v. United States |
Eleventh Circuit |
2023-08-02 |
Denied |
|
attorney-client-privilege criminal-procedure disqualification forfeiture judicial-fact-finding prejudice prosecutorial-misconduct sixth-amendment |
While investigating petitioner for alleged health-care fraud, federal prosecutors seized hundreds of petitioner's attorney-client privileged documents… |
| 23-5251 |
Mark Edwin Guida v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-08-01 |
Denied |
IFP |
4th-amendment 5th-amendment cell-phone-evidence criminal-procedure exclusionary-rule fourth-amendment illegal-search probable-cause search-and-seizure suppression-of-evidence warrant-requirement |
I.
WAS EVIDENCE PRESENTED AT A TRIAL FOR MURDER SUBJECT TO THE
EXCLUSIONARY RULE, WHERE SAID EVIDENCE WAS THE RESULT OF AN
ILLEGAL SEARCH OF THE DEFEN… |
| 23-5253 |
Youssef Hoballah v. Virginia |
Virginia |
2023-08-01 |
Denied |
IFP |
appeal-procedure constitutional-rights criminal-procedure double-jeopardy due-process evidence plea-bargaining sentencing sixth-amendment structural-error trial-procedure |
Question not identified. |
| 23-5256 |
Joseph Fenelon Cooper v. United States |
Eleventh Circuit |
2023-08-01 |
Denied |
Response WaivedIFP |
28-usc-2255 crime-of-violence criminal-procedure elements-clause firearm-conviction johnson-precedent johnson-v-united-states section-2255 successive-petition united-states-v-taylor welch-v-united-states |
The question presented is whether a Petitioner in a properly filed successive petition pursuant to 28 U.S.C. § 2255 challenging his conviction for pos… |
| 23-5257 |
Angel Rios-Edeza v. United States |
Ninth Circuit |
2023-08-01 |
Denied |
Response WaivedIFP |
burden-of-proof closing-argument criminal-procedure due-process evidence-vouching jury-instructions ninth-circuit prosecutorial-misconduct rebuttal-argument |
Prosecutors are allowed to strike hard blows but not foul ones. Here, in closing and rebuttal argument, the prosecutor vouched for the evidence, impro… |
| 23-5261 |
Everado Joe Flores-Salcido v. United States |
Fifth Circuit |
2023-08-01 |
Denied |
Response WaivedIFP |
almendarez-torres case-precedent criminal-procedure due-process fifth-circuit judicial-review jury-trial sentencing stare-decisis statutory-interpretation supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez- Torres v. United States, 523 U.S. 244 (1998)? |
| 23-5264 |
Julio Cesar De La Rosa-De La Cerda v. United States |
Fifth Circuit |
2023-08-01 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 23-5245 |
Juan Leonardo Aparicio-Martinez v. United States |
Fifth Circuit |
2023-07-31 |
Denied |
Response WaivedIFP |
Almendarez-Torres-v-United-States Apprendi-v-New-Jersey case-law criminal-procedure due-process fifth-circuit judicial-precedent jury-trial sentencing statutory-interpretation supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez- Torres v. United States, 523 U.S. 244 (1998)? |
| 23-5247 |
In Re David Jackson |
|
2023-07-31 |
Dismissed |
IFP |
and post-conviction proceedings trial 14th-amendment 4th-amendment arrest-procedure civil-rights constitutional-rights criminal-procedure due-process evidence-suppression fifth-amendment fourth-amendment ineffective-assistance ineffective-assistance-of-counsel ineffective-counsel post-conviction-relief probable-cause retaliation search-and-seizure self-incrimination trial-procedure |
Whether the Unless Se.ocW and Se^re ft VioUhon of my ^ ^ ^Q-P h&brU&C'/ /c///9 <?f?| (4/nendtn€o-f-S fi^htS >
uihAUr r'3^s" uihAUr r'3^s" rnyvoku °P … |
| 23-5240 |
Alden Brent Cooper v. United States |
Fifth Circuit |
2023-07-28 |
Denied |
Response WaivedIFP |
acceptance-of-responsibility criminal-conduct criminal-procedure due-process fifth-amendment presentence-investigation presentence-investigation-report sentencing sentencing-guidelines |
Section 18 U.S.C. § 2252A(a)(1) can be violated by either knowingly receiving or distributing child pornography. A defendant accused of a violation of… |
| 23-5241 |
Lenroy McLean v. United States |
Second Circuit |
2023-07-28 |
Denied |
Response WaivedIFP |
case-law civil-rights constitutional-interpretation constitutional-law criminal-procedure due-process fourth-amendment judicial-conflict legal-precedent standing |
1. Whether there is a conflict between Kimmelman v Morrison holding that the Fourth Amendment is not a trial right in criminal prosecution and Ex-Part… |
| 23-5232 |
In Re Marcus Antone Peterson |
|
2023-07-28 |
Denied |
IFP |
civil-rights constitutional-rights court-jurisdiction criminal-procedure due-process illegal-imprisonment jurisdiction jurisdictional-defect mandamus mandamus-relief sentencing |
1. The lower court acted outside its jurisdiction.
2. A quite bee ath lower court record jurisdiction
3. Peterson is illegally in-prison.
(An amets… |
| 23-5233 |
Randall Lamont Sanders v. Oklahoma |
Oklahoma |
2023-07-28 |
Denied |
IFP |
14th-amendment criminal-procedure due-process insufficiency-of-evidence jackson-v-virginia oklahoma-court-of-criminal-appeals standard-of-review supremacy-clause supreme-court-standard |
(1) Whether the Oklahoma Court of Criminal Appeals failed to apply this Court's standard for insufficiency of evidence as described in Jackson v. Virg… |
| 23-5235 |
Hector Lares-Nunez v. United States |
Fifth Circuit |
2023-07-28 |
Denied |
Response WaivedIFP |
case-precedent certiorari constitutional-interpretation constitutional-law criminal-procedure due-process judicial-overruling precedent sentencing supreme-court supreme-court-review |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-5237 |
Jordan Cole Laws v. United States |
Fourth Circuit |
2023-07-28 |
Denied |
Response WaivedIFP |
court-discretion criminal-procedure factual-findings indigent indigent-defendant justice-for-victims-of-trafficking-act sentencing special-assessment statutory-interpretation |
Did the district court err when it imposed a $5,000 special assessment, pursuant to the Justice for Victims of Trafficking Act of 2015, 18 U.S.C. § 30… |
| 23-5239 |
Samuel Trelawney Hughes v. United States |
Ninth Circuit |
2023-07-28 |
Denied |
Response WaivedIFP |
autism-spectrum-disorder boykin boykin-standard change-of-plea cognitive-deficiencies cognitive-deficiency criminal-procedure district-court-record due-process plea-hearing |
Did the Ninth Circuit's rejecting Petitioner's due process claim
regarding his change-of-plea hearing conflict with Boykin and its progeny,
particular… |
| 23-5221 |
Gilberto Betero-Carrillo v. United States |
Fifth Circuit |
2023-07-27 |
Denied |
Response WaivedIFP |
alleyne-rule almendarez-torres appellate-procedure apprendi-rule constitutional-law criminal-law criminal-procedure due-process judicial-interpretation precedent-analysis sentencing supreme-court-review |
Whether this Court should consider the continuing validity of Almendarez-Torres v. United States, 523 U.S. 244 (1998), in light of the reasoning of Ap… |
| 23-5225 |
Leonard Sapp v. United States |
Eleventh Circuit |
2023-07-27 |
Denied |
Response WaivedIFP |
brady-violation burden-of-proof constitutional-rights criminal-defendant criminal-procedure district-court due-process fair-trial government-misconduct imminent-danger |
Was Leonard Sapp afforded a fair trial when the Government shifted the burden of proof to the Defense during trial?
Does a District Court's decision … |
| 23-5226 |
Cornelius Michael Turner v. United States |
Eleventh Circuit |
2023-07-27 |
Denied |
Response WaivedIFP |
armed-career-criminal-act criminal-procedure judicial-factfinding occasions-clause sentencing sentencing-enhancement sixth-amendment wooden-v-united-states |
I. Whether a defendant's Armed Career Criminal Act sentence may be affirmed when the lower court fails to properly apply this Court's occasions clause… |
| 23-5227 |
Luis Roman v. Illinois |
Illinois |
2023-07-27 |
Denied |
IFP |
abuse-of-discretion civil-rights criminal-procedure due-process evidence-suppression fair-trial ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct trial-counsel |
Question not identified. |
| 23-5229 |
Rodolfo Hernandez Roman v. United States |
Fifth Circuit |
2023-07-27 |
Denied |
Response WaivedIFP |
Almendarez-Torres-v-United-States Apprendi-v-New-Jersey case-review criminal-procedure due-process fifth-circuit judicial-precedent jury-trial sentencing statutory-interpretation supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-82 |
Joshua Isaiah Joyner v. Texas |
Texas |
2023-07-27 |
Denied |
Response Waived |
constitutional-violations criminal-procedure habeas-corpus ineffective-assistance ineffective-assistance-of-counsel juvenile-justice procedural-due-process prosecutorial-misconduct self-defense |
Did the TCCA deny petitioner procedural due process by summarily rejecting his substantial constitutional claims without requiring the trial court to … |
| 23-5199 |
Duron B. Peoples v. Mark Garman, Superintendent, State Correctional Institution at Rockview, et al. |
Third Circuit |
2023-07-26 |
Denied |
IFP |
compulsory-process criminal-procedure due-process federal-courts hearsay-exception ineffective-assistance ineffective-counsel murder-conspiracy witness-testimony witness-unavailability |
1. IS FEDERAL DUE PROCESS VIOLATED UNDER THE "COMPULSORY PROCESS"
WHERE A FEDERAL COURT CONCLUDES THAT A PETITIONER'S COUNSEL
INEFFECTIVE CLAIM LACKS … |
| 23-5200 |
Augustine Rincon Medina v. California |
California |
2023-07-26 |
Denied |
IFP |
birks-rule constitutional-law criminal-charging criminal-procedure due-process jury-instructions lesser-included-offense lesser-offense prosecutorial-discretion |
Should the Rule announced in People v. Birks (1998) 19 Cal.4th 108, which permits a Prosecutor to veto a Defendant's request for an instruction on a L… |
| 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 |
THIS PETITION PRESENTS NOVEL QUESTIONS OF LAW, THE RESOLUTION OF WHICH WILL DEVELOP THE LAW AND HAVE NATIONWIDE IMPACT, WHILE ESTABLISHING A NEEDED AN… |
| 23-5204 |
Larry David Davis v. Anna Catherine Cargile, Prosecutor, Pulaski County Prosecutor's Office, et al. |
Eighth Circuit |
2023-07-26 |
Dismissed |
IFP |
civil-rights constitutional-provisions court-filing criminal-procedure due-process jurisdiction legal-document petition police-misconduct qualified-immunity search-and-seizure statutory-provisions |
Question not identified. |
| 23-5205 |
Steven Lesane v. United States |
Second Circuit |
2023-07-26 |
Denied |
Response WaivedIFP |
abuse-of-discretion criminal-procedure district-court factual-basis guilty-plea ineffective-assistance ineffective-counsel mental-competency motion-to-withdraw plea-bargaining statutory-interpretation |
I. Whether the District Court abused its discretion when it
denied appellant's motion to withdraw his guilty plea
where 1) there was an insufficient… |
| 23-5206 |
Francisco J. Castaneda v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-07-26 |
Denied |
Relisted (2)IFP |
civil-rights constitutional-rights criminal-convictions criminal-procedure detention-standards due-process effective-assistance-of-counsel interrogation-tactics law-enforcement police-questioning search-and-seizure |
Question not identified. |
| 23-5208 |
Jason Boudreau v. United States |
First Circuit |
2023-07-26 |
Denied |
Response WaivedIFP |
abuse-of-discretion constitutional-rights criminal-procedure due-process first-amendment fourth-amendment plea-agreement search-and-seizure search-condition sentencing sentencing-enhancement |
1. Whether the District Court's decision to subject the Petitioner to a lifetime
suspicionless search condition that lacks any limitations at all vio… |
| 23-5210 |
Andres Zapata-Reyes v. United States |
Fifth Circuit |
2023-07-26 |
Denied |
Response WaivedIFP |
case-law certiorari constitutional-interpretation criminal-procedure due-process fifth-circuit judicial-precedent jury-trial sentencing stare-decisis statutory-interpretation supreme-court-review |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-5211 |
Andrew Cook v. Robert Martin, Warden, et al. |
Second Circuit |
2023-07-26 |
Denied |
Response WaivedIFP |
abstention amendment-protections civil-rights constitutional-rights criminal-procedure due-process executive-power executive-powers general-warrants judicial-abstention younger-doctrine |
1) Whether there are issues of Constitutional importance regarding
Ztthe 4th,6th,8th and 14th Amendments in case at bar That Are of im-
-portance to… |
| 23-5213 |
Deangelo Devon Grant v. United States |
Sixth Circuit |
2023-07-26 |
Denied |
Response WaivedIFP |
constructive-amendment criminal-procedure due-process indictment indictment-interpretation judicial-discretion methamphetamine methamphetamine-weight sentencing-guidelines |
Does utilizing a provision of the United States Sentencing Guidelines for " actual " weight of methamphetamine, rather than the charged offense of " m… |
| 23-5216 |
Kinley MacDonald v. Michael A. Duddy, et al. |
First Circuit |
2023-07-26 |
Denied |
Relisted (2)IFP |
child-abuse constitutional-rights criminal-procedure due-process federal-jurisdiction foster-care hearsay interstate-crime jurisdiction parental-rights standing witness-tampering |
Before a Court in a matter involving unabused Children trafficked into Foster Care, by hearsay, Causing irreparable harm. The mother suffered expected… |
| 23-5217 |
Kinley MacDonald v. Maine |
Maine |
2023-07-26 |
Denied |
Relisted (2)IFP |
bail-bond-conditions child-protective-custody constitutional-rights criminal-procedure custody due-process family-reunification hearsay judicial-review legal-standards state-statute |
Question not identified. |
| 23-5218 |
In Re Jerome Curry |
|
2023-07-26 |
Denied |
Relisted (2)IFP |
civil-procedure constitutional-rights criminal-procedure due-process indictment material-facts non-response sentencing standing summary-judgment waiver |
Was na-F -tee, ChtcC aJ US ltf,H US ?a CK/ljc.R-k,vtc Gr,W*j^ Kr,/^' F,
0 H Doei nof Ike. /d/vU reqtfint AUeA dot 4o Hoe fLetyoniew+Y na>vre£ pcn.se … |
| 23-5187 |
Juan Sepulveda-Arreola v. United States |
Fifth Circuit |
2023-07-25 |
Denied |
Response WaivedIFP |
administration-of-justice criminal-procedure district-court federal-jurisdiction federal-law fifth-circuit minor-participant sentencing-guidelines |
Whether the Fifth Circuit violated federal law when it conducted a cursory review of the facts related to the district court's erroneous refusal to de… |
| 23-5190 |
Mardy D. Mollett, Jr. v. United States |
Sixth Circuit |
2023-07-25 |
Denied |
Response WaivedIFP |
burden-of-proof constitutional-rights criminal-procedure due-process felon-in-possession firearm-possession justification-defense second-amendment |
Does the inclusion of an fifth element of the justification defense for being a felon in possession of a firearm, requiring the Defendant to prove tha… |
| 23-5193 |
Bradley Ross Fairbourn v. Neicole Morden, Warden, et al. |
Tenth Circuit |
2023-07-25 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-trial due-process fair-trial habeas-corpus impliedly-biased-juror juror-bias strickland-standard strickland-v-washington structural-error weaver-v-massachusetts |
Whether, in light of this Court's decision in Weaver v. Massachusetts , __ U.S. __, 137
S. Ct. 1899, 198 L. Ed. 2d 420 (2017), the actual -prejudi ce … |
| 23-5195 |
Cynthia Kaye Wood v. Texas |
Texas |
2023-07-25 |
Denied |
IFP |
constitutional-rights criminal-intent criminal-procedure due-process guilty-plea habeas-corpus ineffective-assistance mens-rea specific-intent voluntary-plea |
In Texas, the ens rea for attempted capital murder is a specific intent to kill. The defendant did not know this. Thus, she pled guilty although she h… |
| 23-5177 |
Kenneth Ragan-Armstrong v. United States |
Fourth Circuit |
2023-07-24 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review criminal-procedure district-court due-process judicial-discretion plain-error procedural-reasonableness sentencing sentencing-conditions supervised-release |
Whether the district court plainly erred in imposing special conditions of
supervision without explaining why such conditions were necessary or approp… |
| 23-5178 |
Bobby Dean Robey v. United States |
Eighth Circuit |
2023-07-24 |
Denied |
Response WaivedIFP |
career-offender conspiracy criminal-procedure drug-crimes evidence sentencing |
I.WHETHER THERE WAS INSUFFICIENT EVIDENCE THAT MR. ROBEY WAS INVOLVED IN THE "IMPORTATION" OF METHAMPHETAMINE?
II.WHETHER MR. ROBEY'S CRIMINAL HISTOR… |
| 23-5180 |
Dickens Etienne v. Michelle Edmark, Warden |
First Circuit |
2023-07-24 |
Denied |
Response WaivedIFP |
criminal-investigation criminal-procedure exculpatory-evidence ineffective-assistance ineffective-assistance-of-counsel mental-health mental-illness post-arrest-conduct post-conviction-review right-to-counsel strickland-standard strickland-v-washington |
Where there was evidence of a history of the defendant's mental health issues and mental health hospitalization and trial counsel failed to even initi… |
| 23-5181 |
Rudy Alexander Ventura-Recinos v. United States |
Fifth Circuit |
2023-07-24 |
Denied |
Response WaivedIFP |
Almendarez-Torres case-precedent criminal-procedure due-process fifth-circuit judicial-review jury-trial legal-standard sentencing Supreme-Court supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez- Torres v. United States, 523 U.S. 244 (1998)? |
| 23A65 |
Jacob Hilbert v. Missouri |
Missouri |
2023-07-24 |
Presumed Complete |
|
bench-trial criminal-procedure fourteenth-amendment jury-trial-waiver sixth-amendment valid-waiver |
Question not identified. |
| 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 statute(s) 21 O.S. § 1040.12(a), 21 O.S. 1040.8 (a), and 21 O.S. § 1024.1 in conformity with the United States Constitution, Amendment(s)… |
| 23-5162 |
DeMario B. Griffin v. United States |
Eighth Circuit |
2023-07-21 |
Denied |
Response WaivedIFP |
circuit-court criminal-procedure direct-appeal due-process fifth-amendment jurisdiction mandate-recall right-to-counsel sixth-amendment |
1. Does Griffin have a right to counsel on his first direct appeal under the Fifth Amendment?
2. Does Griffin have a right to counsel on his first di… |
| 23-5163 |
Michael Joseph Formica v. Virginia |
Virginia |
2023-07-21 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure district-court due-process evidence exculpatory-evidence impeachment judicial-discretion standing |
DJH£TM* TM C/tOUrt coa/ir fe/i -pfi C*wtY ^
FoeM'^ F^ re^rl4 A^6AJbM^
-f A7A1 oaJI<J£A ti-Ttt JC^ei/i)£ l//otfT£D
fcl(,/fT 3y tAlL/M 7* Aw/hAsJd
bis… |
| 23-5171 |
Natoya Cunningham v. Florida |
Florida |
2023-07-21 |
Denied |
Response RequestedResponse WaivedRelisted (19)IFP |
constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition sixth-amendment trial-by-jury |
Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-5173 |
Jose Luis Guzman v. Florida |
Florida |
2023-07-21 |
Denied |
Response RequestedResponse WaivedRelisted (18)IFP |
constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition jury-trial sixth-amendment |
Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony? |
| 23-5147 |
Johnny Johnson v. David Vandergriff, Warden |
Missouri |
2023-07-20 |
Denied |
IFP |
attorney-general brady-v-maryland brady-violation continuing-duty-to-disclose criminal-procedure critical-state's-witnesses due-process impeachment-evidence local-prosecutor's-office material-impeachment-evidence prosecutorial-misconduct witness-credibility |
Johnny Johnson was charged with the first-degree murder of six-year-old Casey Williamson. Mr. Johnson was diagnosed with schizophrenia as young as six… |
| 23-5150 |
Augustus Quintrell Light v. United States |
Eighth Circuit |
2023-07-20 |
Denied |
Response WaivedIFP |
constitutional-due-process criminal-procedure government-misconduct illegal-sentence ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining prosecutorial-discretion sentencing sentencing-error |
WHETHER ON ONE'S, DID THE EIGHTH CIRCUIT COURT OF APPEALS COMMIT ERROR IN FINDING THAT THE DISTRICT COURT DID NOT ABUSE ITS DISCRETION IN DENYING PETI… |
| 23-5152 |
Angel Maldonado v. Pennsylvania |
Pennsylvania |
2023-07-20 |
Denied |
Response WaivedIFP |
criminal-procedure curative-instruction ineffective-assistance ineffective-assistance-of-counsel jury-instructions pennsylvania-supreme-court reasonable-doubt state-court-review |
1. Whether the Pennsylvania Supreme Court erred when it denied Petitioner's request for a new trial based on trial counsel's ineffectiveness for faili… |
| 23-5154 |
Justin Christopher Smith v. United States |
Sixth Circuit |
2023-07-20 |
Denied |
Response WaivedIFP |
appeal-waiver armed-career-criminal-act criminal-procedure ineffective-assistance ineffective-assistance-of-counsel prior-convictions sentencing statutory-interpretation statutory-sentencing violent-felony violent-offense |
1. Whether an appeal waiver can bar an attack on an enhanced statutory sentence?
2. Whether Petitioner's prior convictions for robbery and resisting … |
| 23-5158 |
Martice Deshawn Wallace v. Ryan Thornell, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. |
Ninth Circuit |
2023-07-20 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure due-process federal-jurisdiction fourteenth-amendment fourth-amendment habeas-corpus suppression-of-evidence witness-testimony |
Question not identified. |
| 23-5130 |
Caleb Bryant Hickcox v. United States |
Fifth Circuit |
2023-07-19 |
Denied |
Response WaivedIFP |
bruen circuit-split criminal-procedure criminal-sentencing district-court-procedure reasonableness reasonableness-review second-amendment sentencing sentencing-requirements statutory-interpretation |
1) Must district courts comply with the requirements of 18 U.S.C. § 3553(c) to state, in open court, the reasons for the sentence imposed?
2) Should … |
| 23-5131 |
Xavier Dominique Garris v. United States |
Fourth Circuit |
2023-07-19 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fourth-circuit harmless-error judicial-review plea-bargaining plea-colloquy rehaif-error remand standard-of-review trial-probability |
1. WHETHER, IN A CASE WHERE REHAIF ERROR OCCURRED, THE FOURTH CIRCUIT ERRED IN FAILING TO REMAND THE CASE TO THE DISTRICT COURT TO MAKE THE DETERMINAT… |
| 23-5137 |
Joshua Christopher Stockstill v. United States |
Fifth Circuit |
2023-07-19 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure criminal-sentencing district-court-discretion due-process federal-sentencing-guidelines section-3553a-factors sentencing sentencing-factors sentencing-guidelines sentencing-reasonableness |
Whether the district court ordered a substantively unreasonable 30-year
prison sentence. |
| 23-5141 |
Alejandro Holguin v. United States |
Fifth Circuit |
2023-07-19 |
Denied |
Response WaivedIFP |
Almendarez-Torres-v-United-States Apprendi-v-New-Jersey case-review criminal-procedure due-process fifth-circuit judicial-precedent jury-trial legal-challenge sentencing supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-5118 |
In Re Dustin Ray Braddock |
|
2023-07-18 |
Denied |
Response WaivedIFP |
criminal-procedure district-court due-process expert-testimony jury-instructions prosecutorial-misconduct structural-error subject-matter-jurisdiction supreme-court trial-error |
Whether the District Court erred in denying petitioner Braddock's right to expert and precipient witness testimony, and whether prosecutorial miscondu… |
| 23-5121 |
Kyle Ross Rivers v. United States |
Fifth Circuit |
2023-07-18 |
Denied |
Response WaivedIFP |
appeal constitutional-rights criminal-procedure due-process plea-agreement plea-bargaining sentence-appeal sentencing waiver waiver-of-rights |
1. Whether a defendant, consistent with the Due Process Clause, can waive the right to appeal his sentence knowingly when his purported waiver occurs … |
| 23-5125 |
Justin Lewis v. United States |
Eleventh Circuit |
2023-07-18 |
Denied |
Response WaivedIFP |
appellate-review constitutional-rights criminal-procedure double-jeopardy due-process fifth-amendment habeas-corpus ineffective-assistance jurisdiction sixth-amendment |
Question not identified. |
| 23-5127 |
Edward R. Brown v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Florida |
2023-07-18 |
Denied |
IFP |
constitutional-rights criminal-procedure dna-analysis dna-evidence due-process habeas-corpus laboratory-evidence sentencing trial-procedure |
(1). Did the trial court Error based on false and misleading DNA Laboratory Analysis reports in the Petitioner's trial proceeding which violated the P… |
| 23-46 |
United States v. Cassity Danielle Jones |
Fourth Circuit |
2023-07-17 |
GVR |
Response RequestedResponse WaivedRelisted (3) |
criminal-history criminal-procedure due-process federal-sentencing federal-sentencing-guidelines safety-valve sentencing sentencing-relief statutory-interpretation |
Whether, in order for a defendant to satisfy the prerequisite for "safety-valve" sentencing relief in 18 U.S.C. 3553(f)(1), a court must find that the… |
| 23-5113 |
Charleton Maxwell v. United States |
Eighth Circuit |
2023-07-17 |
Denied |
Response WaivedIFP |
8th-circuit conservative-estimate criminal-procedure drug-quantity due-process federal-sentencing judicial-discretion sentencing sentencing-guidelines walton-rule |
Issue 1.
In the case at bar the sentencing judge refused to a apply a higher
standard than a mere preponderance when the issue was, based
on a drug… |
| 23-5115 |
Lonnie Eugene Lillard v. United States |
Ninth Circuit |
2023-07-17 |
Denied |
IFP |
counsel-of-choice criminal-procedure due-process fund-seizure hearing-requirement luis-v-united-states right-to-counsel seizure-of-funds self-representation |
A. Whether a court may rule on a request for self-representation based solely on the existing record or whether it must hold a hearing and question th… |
| 23-5102 |
Taiwo K. Onamuti v. United States |
Seventh Circuit |
2023-07-14 |
Denied |
Response WaivedIFP |
18-usc-1028a 18-usc-287 aggravated-identity-theft counsel-advice criminal-procedure guilty-plea ineffective-assistance-of-counsel plea-bargaining plenary-resentencing sentencing-enhancement statutory-interpretation |
1) Can an original guilty plea be completely knowing and voluntary, when
the government, and the district court wrongly advised defendant about couns… |
| 23-5078 |
Kendrick Ramon Page v. United States |
Eighth Circuit |
2023-07-13 |
Denied |
Response WaivedIFP |
4th-amendment criminal-procedure fourth-amendment minimization minimization-requirement motion-to-suppress necessity probable-cause theory-of-defense-instruction wiretap wiretap-evidence |
1. Whether the 8th Circuit erred by affirming the district court's denial of Page's MTS wiretap evidence because the necessary probable cause under 18… |
| 23-5079 |
Genaro Perchez-Hernandez v. United States |
Fifth Circuit |
2023-07-13 |
Denied |
Response WaivedIFP |
case-law criminal-procedure due-process fifth-circuit judicial-precedent jury-trial sentencing stare-decisis statutory-interpretation supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-5090 |
Travis J. Brown v. California |
California |
2023-07-13 |
Denied |
Response RequestedRelisted (3)IFP |
acquittal appellate-jurisdiction constitutional-protections criminal-procedure double-jeopardy due-process fifth-amendment judicial-review mistrial procedural-error |
WHETHER A STATE COURT SUBMITS A SUCCESSION OF VERDICTS BOTH GUILTY AND NOT GUILTY OF THE SAME COUNT, AGAINST THE SAME DEFENDANT, AND TO THE SAME TRIAL… |
| 23-5094 |
Adam Jason Poitra v. United States |
Eighth Circuit |
2023-07-13 |
Denied |
Response WaivedIFP |
aggravated-sexual-abuse criminal-procedure due-process jury-instructions sexual-abuse sixth-amendment unanimity unanimity-instruction |
When the government introduces evidence of multiple
alleged instances of sexual abuse to prove a single count
of aggravated sexual abuse in violation … |
| 23-5095 |
Marland Maynor v. United States |
Fourth Circuit |
2023-07-13 |
Denied |
Response WaivedIFP |
2nd-amendment constitutional-challenge criminal-law criminal-procedure due-process facial-challenge federal-statute plain-error second-amendment standing |
I. Whether 18 U.S.C. § 922(g)(1) is facially unconstitutional under the Second Amendment. First subsidiary question: Whether the plain-error standard … |
| 23-5098 |
Arthur Ray Deere, Sr. v. California Department of Corrections and Rehabilitation Employees, et al. |
Ninth Circuit |
2023-07-13 |
Denied |
Response WaivedIFP |
8th-amendment civil-rights constitutional-provisions criminal-procedure cruel-and-unusual-punishment due-process habeas-corpus prison-conditions statutory-provisions |
Question not identified. |
| 23-5101 |
Christopher Wade v. United States |
Fifth Circuit |
2023-07-13 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure fifth-circuit gall-v-united-states harmless-error judicial-precedent sentencing sentencing-guidelines united-states-v-guzman-rendon |
I. Whether the Fifth Circuit's application of harmless error doctrine
pursuant to United States v. Guzman-Rendon, 864 F.3d 409 (5th Cir. 2017) violate… |
| 23-5081 |
Ronnie R. Lovell v. United States |
Sixth Circuit |
2023-07-12 |
Denied |
Response WaivedIFP |
armed-career-criminal-act burden-of-proof criminal-procedure fifth-amendment jury-trial preponderance-of-evidence sentencing-enhancement sixth-amendment |
Can a district court judge determine that an individual's prior offenses occurred "on occasions different," as required by the Armed Career Criminal A… |
| 23-5083 |
James Calfee v. Texas |
Texas |
2023-07-12 |
Denied |
IFP |
appeal constitutional-rights criminal-procedure due-process evidence exculpatory-evidence fair-trial government-powers judicial-discretion |
Question not identified. |
| 23-5075 |
Derek J. Petty v. United States |
Eighth Circuit |
2023-07-11 |
Denied |
Response WaivedIFP |
criminal-law criminal-offense criminal-procedure due-process essential-element federal-felony federal-jurisdiction indictment indictment-defect judicial-review structural-error |
Whether the omission of an essential element of a criminal offense from a federal felony indictment constitutes structural error. |
| 23-5062 |
Alfredo Martinez-Rubio v. United States |
Fifth Circuit |
2023-07-10 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-conviction sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 23-5063 |
Bradley M. Cox v. United States |
Seventh Circuit |
2023-07-10 |
Denied |
Response WaivedIFP |
compulsory-process constitutional-rights criminal-procedure due-process federal-criminal-procedure interstate-commerce interstate-nexus judgment-of-acquittal motion-for-judgment-of-acquittal sufficiency-of-evidence threat-of-damage |
Regarding generally motions for judgment of acquittal and their consideration and review:
1. Has the "light most favorable to the Government/prosecut… |
| 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 |
Question not identified. |
| 23-5065 |
Mario Reynoso v. United States |
Tenth Circuit |
2023-07-10 |
Dismissed |
Response WaivedIFP |
appointment-of-counsel civil-rights criminal-procedure due-process methamphetamine-distribution standing subject-matter-jurisdiction tenth-circuit writ-of-certiorari |
DID THE TENTH CIRCUIT COURT OF APPEALS ERROUNEOUSLY FIND
THAT THE COURTS LACKED SUBJECT MATTER JURISDICTION AND THAT
YOUR PETITIONER'S MOTION FOR APPO… |
| 23-5058 |
Gabriel Simental-Murillo v. United States |
Fifth Circuit |
2023-07-07 |
Denied |
Response WaivedIFP |
Apprendi-v-New-Jersey case-review criminal-procedure due-process fifth-circuit judicial-precedent jury-trial recidivism sentencing statutory-interpretation supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-5059 |
Savon Hardaway v. United States |
Fourth Circuit |
2023-07-07 |
Denied |
Response WaivedIFP |
career-offender criminal-procedure felon-in-possession guilty-plea harmless-error mens-rea plea-agreement rehaif-advisement rehaif-v-united-states sentencing-error |
I. Mr. Hardaway pleaded guilty to a felon in possession charge. The district court arraigned Mr. Hardaway after this Court's decision in Rehaif v. Uni… |
| 23-5049 |
Marcus O. Singleton v. Scott Eckstein, Warden |
Seventh Circuit |
2023-07-06 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure due-process harmless-error judicial-review prosecutorial-misconduct prosecutorial-vouching trial-misconduct wisconsin-courts witness-credibility |
1. Whether the Wisconsin courts failed to address the issue presented to them that the prosecutor vouch for their witnesses.
2. Whether the prosecuto… |
| 23-5052 |
Richie A. Stokes, Jr. v. New York |
New York |
2023-07-06 |
Denied |
IFP |
constitutional-rights court-dismissal criminal-procedure due-process evidence judicial-discretion jury-tampering legal-standards prosecutorial-misconduct speedy-trial |
Question not identified. |
| 23-5054 |
Vitaly Burleovitsch Kolosha v. Oklahoma |
Oklahoma |
2023-07-06 |
Denied |
Relisted (2)IFP |
constitutional-rights criminal-procedure double-jeopardy due-process evidence-access exculpatory-evidence grand-jury multiple-prosecutions post-conviction sentencing state-prison |
U/frthT /S> P/XOpB/2 uJtTBM SPATE- cl*0<u*LFs
AlBPtS£/~Af<5 TO tr&A-R- CLASS njtfSOJE A McecJpf Ceoc/MTY
Or/L/HJd \Tcy/2^/ ppPc/spp TO /Mb7cT~ p&ri t… |
| 23-14 |
Delilah Guadalupe Diaz v. United States |
Ninth Circuit |
2023-07-05 |
Judgment Issued |
Amici (3)Relisted (2) |
criminal-procedure drug-trafficking evidence evidence-law expert-testimony mens-rea mental-state rule-704(b) rule-704b |
In a prosecution for drug trafficking—where an element of the offense is that the defendant knew she was carrying illegal drugs—does Rule 704(b) permi… |
| 23-5030 |
Nygel Dejon Freeman v. United States |
Fifth Circuit |
2023-07-05 |
Denied |
Response WaivedIFP |
appeal constitutional-provisions court-of-appeals criminal-procedure due-process judicial-review legal-evidence reasonable-doubt rule-29 statutory-provisions sufficiency-of-evidence |
Whether the District Court and Court of Appeals did not defer err in finding sufficient evidence was presented because the Lost P1 r Freeman) J^H ' le… |
| 23-5031 |
Marc Anthony Hill v. United States |
Fifth Circuit |
2023-07-05 |
Denied |
Response WaivedRelisted (2)IFP |
advance-knowledge apprendi-precedent circuit-court-interpretation criminal-procedure due-process essential-elements fifth-amendment four-corner-rule jury-findings sentencing statutory-interpretation supreme-court |
Is Apprendi v. New Jersey still good law?
If yes, are the Fifth Circuit Court of Appeals and other circuits applying Apprendi incorrectly which viola… |
| 23-5033 |
Rick John Morales, Jr. v. United States |
Ninth Circuit |
2023-07-05 |
Denied |
Response WaivedIFP |
criminal-procedure due-diligence expert-witness government-action speedy-trial trial-procedure trial-scheduling witness-appearance |
Whether sending an email asking if there is a "better" date for an expert witness qualifies as the Government's requirement to act with "due diligence… |
| 23-5035 |
Miguel Lux-Tum v. United States |
Fifth Circuit |
2023-07-05 |
Denied |
Response WaivedIFP |
Almendarez-Torres-v-United-States Apprendi-v-New-Jersey constitutional-interpretation criminal-procedure due-process judicial-precedent jury-trial legal-doctrine precedent-overruling sentencing supreme-court-review |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-5042 |
Daniel Robinson v. United States |
Third Circuit |
2023-07-05 |
Denied |
Response WaivedIFP |
conspiracy constructive-amendment criminal-procedure due-process federal-rule-of-evidence fifth-amendment grand-jury law-enforcement-testimony opinion-evidence prosecutorial-overreach |
1. Whether this Court's guidance on constructive amendments in conspiracy cases is necessary to protect criminal defendants' Fifth Amendment rights.
… |
| 23-5043 |
Coby Quinton Ceaser v. Tim Hooper, Warden |
Fifth Circuit |
2023-07-05 |
Denied |
Response WaivedIFP |
criminal-procedure due-process evidence evidence-suppression ineffective-assistance jackson-standard jury-instructions prosecutorial-misconduct right-to-present-defense right-to-testify trial-fairness |
Can the Jackson standard be satisfied when relevant, material, and appreciable evidence is impermissibly kept from the juiy?
Was Ceaser's trial rende… |
| 23-5045 |
Evans Samuel Santos Diaz v. United States |
Third Circuit |
2023-07-05 |
Denied |
Response WaivedIFP |
associational-rights conditions-of-release constitutional-scrutiny criminal-procedure due-process first-amendment freedom-of-association individual-liberty supervised-release |
1. The First Amendment guarantees individuals a right to associate. Petitioner and his fiancée want to associate. The Court of Appeals affirmed a dist… |
| 23-5016 |
Jonathan Limbrick v. United States |
Fifth Circuit |
2023-07-03 |
Denied |
Response WaivedIFP |
abuse-of-discretion courts-of-appeals criminal-procedure fair-and-just-reason fifth-circuit guilty-plea kercheval-v-united-states plea-withdrawal rule-11 |
DID THE FIFTH CIRCUIT ERR BY FINDING THAT THE DISTRICT COURT'S DECISION TO DENY MR. LIMBRI CK'S MOTION TO WITHDRAW HIS GUILTY PLEA DID NOT CONSTITUTE … |
| 23-5020 |
Christopher Delgado v. United States |
Ninth Circuit |
2023-07-03 |
Denied |
Response WaivedIFP |
circuit-split criminal-procedure evidentiary-standard federal-rules-of-evidence inextricably-intertwined other-bad-acts rule-404(b) rule-404b standard |
Whether evidence of other bad acts is exempted from the limits and requirements of Rule 404(b) of the Federal Rules of Evidence when it is "inextricab… |
| 23-5024 |
Walter Charles Link v. Texas |
Texas |
2023-07-03 |
Denied |
IFP |
burden-of-proof civil-rights constitutional-rights criminal-procedure due-process equal-protection judicial-proceedings sufficiency-of-evidence texas-law |
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| 23-5026 |
Isaiah L. Dunbar v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2023-07-03 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure due-process federal-jurisdiction habeas-corpus standing |
Whether the denial by the 11TH Circuit Court of Appeals of PETitioner's LOA ReSulted iN A FEdERAl dUE pROCESS ViOlAtiON in the timeliness of his 2254 … |
| 23-5027 |
Gabriel Gonzalez Perez v. United States |
Fifth Circuit |
2023-07-03 |
Denied |
Response WaivedIFP |
case-law constitutional-law court-of-appeals criminal-procedure due-process judicial-review jury-trial legal-precedent sentencing statutory-interpretation supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 23-2 |
Gerald Spruell v. United States |
Third Circuit |
2023-06-30 |
Denied |
Response Waived |
appellate-review conspiracy criminal-procedure drug-conspiracy drug-quantities evidence evidence-sufficiency jury-verdict mandatory-minimum sentencing sentencing-guidelines |
1. Whether the Court of Appeals erred in concluding
there was sufficient evidence to support the jury's
verdict and drug quantities attributed to the … |
| 23-5002 |
Joseph Hauschild v. Illinois |
Illinois |
2023-06-30 |
Denied |
Response WaivedIFP |
criminal-procedure eighth-amendment graham-v-florida juvenile-offender juvenile-sentencing life-without-parole meaningful-opportunity meaningful-opportunity-for-release roper-v-simmons sentencing-guidelines term-of-years-sentence |
In the landmark decision of Graham v. Florida, 560 U.S. 48 (2010), this Court held that, for a juvenile offender who did not commit homicide, the Eigh… |
| 23-5003 |
Monty J. Banister v. Kansas |
Kansas |
2023-06-30 |
Denied |
Response WaivedIFP |
criminal-procedure duty-to-consult effective-assistance-of-counsel ineffective-assistance notice-of-appeal post-conviction-relief roe-v-flores-ortega sixth-amendment trial-counsel |
Does this Court's decision in Roe v. Flores-Ortega, 528 U.S. 470 (2000), establish at least a rebuttable presumption that trial counsel has a Sixth Am… |
| 23-5004 |
Gregory L. Randle v. United States |
Fifth Circuit |
2023-06-30 |
Denied |
Response WaivedIFP |
appeal-waiver appellate-jurisdiction appellate-review criminal-procedure due-process fifth-circuit plea-agreement plea-bargaining procedural-waiver right-to-appeal waiver |
Whether the Fifth Circuit erred by dismissing Mr. Randle's appeal based on the waiver of appeal provisions in his Plea Agreement. |
| 23-5010 |
Donald Lee Linville v. Arizona |
Arizona |
2023-06-30 |
Denied |
IFP |
4th-amendment appellate-review civil-rights constitutional-law criminal-procedure due-process evidence habeas-corpus post-conviction-relief search-and-seizure |
Question not identified. |
| 22-7893 |
Liver Gruezo v. United States |
Eleventh Circuit |
2023-06-29 |
Denied |
Response WaivedIFP |
criminal-procedure due-process jurisdiction law-enforcement-procedures maritime-drug-law maritime-law minimum-contacts miranda-rights miranda-v-arizona stateless-vessel |
1. Whether the Maritime Drug Law Enforcement Act ("MDLEA"), 46 U.S.C. § 70501, et. seq., violates Due Process because its enforcement procedures are v… |
| 22-7896 |
Marcelino Mendoza-Najera v. United States |
Fifth Circuit |
2023-06-29 |
Denied |
Response WaivedIFP |
case-precedent constitutional-law criminal-law criminal-procedure due-process fifth-circuit judicial-review sentencing statutory-interpretation supreme-court supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-7899 |
Enrique Lopez-Cristobal v. United States |
Fifth Circuit |
2023-06-29 |
Denied |
Response WaivedIFP |
case-review constitutional-law constitutional-provisions criminal-procedure due-process fifth-circuit legal-precedent recidivism sentencing supreme-court supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-7901 |
Samuel Howard v. Renee Baker, Warden |
Ninth Circuit |
2023-06-29 |
Denied |
Response WaivedIFP |
conflict-of-interest criminal-defense criminal-procedure habeas-corpus ineffective-assistance judicial-inquiry legal-representation prejudice right-to-counsel sixth-amendment |
1. Is the Sixth Amendment violated when a defendant is forced to accept representation by lawyers who se supervisor have a longstanding social and fam… |
| 22-7902 |
Saul Navarrete De La Cerda v. United States |
Fifth Circuit |
2023-06-29 |
Denied |
Response WaivedIFP |
almendarez-torres apprendi-v-new-jersey common-law constitutional-interpretation criminal-procedure notice-clause prior-conviction prior-conviction-exception sixth-amendment |
Whether the prior-conviction exception from Almendarez-Torres
can be squared with the text of the Sixth Amendment's Notice Clause and the historical p… |
| 22-7905 |
Tikisha Upshaw v. California |
California |
2023-06-29 |
Denied |
IFP |
cell-phone-location co-defendant criminal-procedure due-process evidence-admissibility expert-witness fair-trial jury-instructions police-testimony scientific-reliability witness-testimony |
Question not identified. |
| 22-7906 |
Lamar McDonald v. United States |
Fifth Circuit |
2023-06-29 |
Denied |
Response WaivedIFP |
apprendi-standard criminal-procedure due-process fifth-amendment sentencing sixth-amendment statutory-interpretation sufficiency-of-evidence void-for-vagueness |
1)Is Apprendi v. New Jersey Still Good Caselaw?
Are the Lower Courts (Appeals Courts included)
misapplying Apprendi and Mr. McDonald Fifth and Sixth … |
| 22-7907 |
Terrence Terrell Moore v. Bryan Morrison, Warden |
Sixth Circuit |
2023-06-29 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure due-process free-speech habeas-corpus standing |
Question not identified. |
| 22-7852 |
Juan Victor Quezada-Lara v. United States |
Fifth Circuit |
2023-06-28 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 22-7875 |
J Reyes-Carrillo v. United States |
Fifth Circuit |
2023-06-28 |
Denied |
Response WaivedIFP |
case-review constitutional-law criminal-procedure criminal-sentencing due-process fifth-circuit judicial-precedent legal-procedure statutory-interpretation supreme-court-precedent supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez- Torres v. United States, 523 U.S. 244 (1998)? |
| 22-7876 |
Gideon Charles Arrington, II v. Dyanna L. Street, et al. |
Eighth Circuit |
2023-06-28 |
Denied |
IFP |
civil-rights criminal-procedure due-process false-evidence judicial-immunity legal-accountability moral-nation prosecutorial-misconduct |
1. Is the use of false evidence a crime?
2. Are detectives, prosecutors, and judges immune from liability for the use of false evidence knowingly?
3… |
| 22-7882 |
Sergio Delgado-Perez v. United States |
Fifth Circuit |
2023-06-28 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure due-process indictment jury-trial prior-conviction prior-convictions sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 22-7878 |
Kenny Eugene Smart v. United States |
Eighth Circuit |
2023-06-27 |
Denied |
Response WaivedIFP |
18-usc-922(g) criminal-procedure evidence-standard evidentiary-rulings federal-rule-of-evidence-404(b) federal-rules-of-evidence prior-convictions rule-404b rule-of-inclusion standard-of-review statutory-interpretation |
1. WHAT IS THE PROPER STANDARD OF REVIEW OF EVIDENTIARY RULINGS UNDER FEDERAL RULE OF EVIDENCE 404(b) AND IS RULE 404(b) A RULE OF INCLUSION WHICH ALW… |
| 22-7883 |
Latron Y. Cross v. Illinois |
Illinois |
2023-06-27 |
Denied |
IFP |
civil-rights constitutional-claims criminal-procedure due-process judicial-interpretation jurisdiction legal-standing speedy-trial standing state-court-review |
Question not identified. |
| 22-7853 |
Carlos Miguel Concepcion-Guliam v. United States |
First Circuit |
2023-06-26 |
Denied |
Response WaivedIFP |
arrest criminal-procedure detention fourth-amendment law-enforcement probable-cause reasonable-suspicion search-and-seizure search-warrant |
Should a writ of certiorari be granted to clarify whether an exception to the Fourth Amendment can be applied randomly or if law enforcement officers … |
| 22-7862 |
Lazaro Veliz v. United States |
Eleventh Circuit |
2023-06-26 |
Denied |
Response WaivedIFP |
cause-exception circuit-split constitutional-vagueness criminal-procedure due-process habeas-corpus procedural-default residual-clause vagueness |
Whether Johnson v. United States, 576 U.S. 591 (2015), establishes "cause" to excuse procedurally defaulted 28 U.S.C. § 2255 claims that are predicate… |
| 22-7863 |
Osvaldo Castelan-Saucedo v. United States |
Fifth Circuit |
2023-06-26 |
Denied |
Response WaivedIFP |
Almendarez-Torres case-precedent court-of-appeals criminal-procedure due-process fifth-circuit jury-trial legal-review sentencing Sixth-Amendment supreme-court writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-7868 |
Lawrence Broviak v. Florida |
Florida |
2023-06-26 |
Denied |
IFP |
criminal-procedure due-process equal-protection expungement judicial-bias judicial-discretion legal-remedy sentence-commutation sentencing vindictive-sentencing |
CAN A VINDICTIVE SENTENCE BE EXPUNGED DUE TO PERSONAL BIAS BEING COMMUTED BT A JUDGE? |
| 22-7870 |
Jayson Neil Sparks v. Texas |
Texas |
2023-06-26 |
Denied |
IFP |
civil-rights constitutional-law constitutional-rights criminal-defendant criminal-procedure due-process evidence-admissibility federal-courts standing state-court-ruling statutory-interpretation |
Question not identified. |
| 22-7854 |
Edgar Ivan Armenta-Lopez v. United States |
Fifth Circuit |
2023-06-23 |
Denied |
Response WaivedIFP |
Almendarez-Torres case-law-review certiorari constitutional-interpretation criminal-procedure due-process judicial-precedent jury-trial legal-overruling sentencing Supreme-Court supreme-court-review |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-7857 |
Balwinder Singh v. California |
California |
2023-06-23 |
Denied |
IFP |
civil-rights criminal-procedure due-process equal-protection fraud misconduct |
Question not identified. |
| 22-7840 |
Cordelro Desean Shoulders v. United States |
Fifth Circuit |
2023-06-22 |
Denied |
Response WaivedIFP |
appeal appeal-waiver criminal-procedure due-process fifth-circuit judicial-review jurisdiction plea-agreement plea-bargaining procedural-error waiver |
Whether the Fifth Circuit erred by dismissing Mr. Shoulders' appeal based on the waiver of appeal provisions in his Plea Agreement. |
| 22-7842 |
Dashawn Lewis v. United States |
Ninth Circuit |
2023-06-22 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure directed-verdict due-process judicial-error jury-instruction jury-instructions ninth-circuit reasonable-doubt |
Whether the last sentence of the Ninth Circuit's pattern jury instruction on reasonable doubt, telling jurors that "if after a careful and impartial c… |
| 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 of the Sixth Amendment are violated by the admission of a non-testifying codefendant's out… |
| 22-7847 |
Colum Patrick Moran v. United States |
Eleventh Circuit |
2023-06-22 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
criminal-conviction criminal-procedure due-process insufficient-evidence judicial-precedent plain-error precedent standard-of-review statutory-interpretation sufficiency-of-evidence |
Whether a conviction predicated on insufficient evidence can meet the plain error standard in the absence of explicit statutory language or on point, … |
| 22-7849 |
Jensen Ken Alexander v. Joseph Ely, et al. |
Fourth Circuit |
2023-06-22 |
Denied |
IFP |
civil-rights constitutional-interpretation criminal-procedure damages due-process free-speech judicial-discretion legal-standards religious-claims standing state-court-review |
Question not identified. |
| 22-7821 |
Joseph W. Peeples, lll v. United States District Court for the Western District of New York |
Second Circuit |
2023-06-21 |
Denied |
Response WaivedIFP |
administrative-procedure civil-rights criminal-procedure document-authentication due-process equal-protection evidence-verification federal-agency legal-process original-copy standing takings |
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foi- SzGtJATU^ittAMe:, T&TEE; OF P/Locess OF ANyo^G ^PA^ tx^U OfJOAJST'TUiOAldUh-MY
Qbo yoO s~ee A By a U,S>.doC6€. (Lqa^tx^^ … |
| 22-7822 |
Darwin Powell v. United States |
Fifth Circuit |
2023-06-21 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure federal-rules-of-criminal-procedure guilty-plea plea-bargaining rule-11 sentencing standard-of-review withdrawal withdrawal-of-guilty-plea |
Whether the courts of appeals, by creating checklists of considerations for the district courts to follow, have improperly narrowed the "fair and just… |
| 22-7827 |
Scott Anderson v. Chad Wakefield, Superintendent, State Correctional Institution at Smithfield, et al. |
Third Circuit |
2023-06-21 |
Denied |
IFP |
abuse-of-discretion burden-of-proof certificate-of-appealability criminal-procedure due-process judicial-discretion legal-innocence reasonable-jurist sufficiency-of-evidence |
Is a defendant legally and factually innocent, if the State fails to prove each and every element of the crime {facts}, and the facts do not establish… |
| 22-7833 |
Jeremy Randall Ezell v. United States |
Fifth Circuit |
2023-06-21 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure federal-sentencing judicial-presumption reasonableness-standard rita-v-united-states sentencing sentencing-guidelines standard-of-review substantive-reasonableness |
Whether the Court should clarify how a defendant who challenges
the substantive reasonableness of a within-Guidelines sentence may
rebut an appellate … |
| 22-7839 |
Christian Ruben Tirado v. United States |
Ninth Circuit |
2023-06-21 |
Denied |
Response WaivedIFP |
circuit-split constitutional-rights criminal-procedure due-process federal-question gang-paraphernalia supervised-release vagueness-doctrine |
Is a special condition of supervised release that prohibits a supervisee from possessing any of a laundry list of items "known to represent associatio… |
| 22-7802 |
James B. Norris, Jr. v. United States |
Eighth Circuit |
2023-06-16 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
appellate-review circuit-split criminal-procedure due-process internet-access judicial-explanation pro-se-motion revocation-hearing sentencing sentencing-discretion supervised-release |
Whether the Eighth Circuit erred – contrary to the holdings of the Second, Fourth, Seventh, Ninth, Eleventh, and D.C. Circuit Courts of Appeals, which… |
| 22-7803 |
Aaron Joel Oliphant v. Montana |
Montana |
2023-06-16 |
Denied |
Response WaivedIFP |
appeal criminal-procedure due-process expert-consultation ineffective-assistance ineffective-assistance-of-counsel right-to-counsel sixth-amendment strickland-standard strickland-v-washington trial-counsel |
A jury convicted Oliphant of assaulting his infant son based solely on a medical diagnosis of abusive head trauma ("AHT"). His trial counsel failed to… |
| 22-7804 |
Ricky Simmonds v. United States |
Sixth Circuit |
2023-06-16 |
Denied |
Response WaivedIFP |
breach-of-contract constitutional-law contract-law criminal-procedure district-court due-process offense-level plea-agreement sentencing sentencing-hearing |
Whether the United States of America breaches a negotiated plea agreement when it fails to affirmatively state at the Sentencing hearing that the stip… |
| 22-7806 |
Travis Charles Werkmeister v. United States |
Eighth Circuit |
2023-06-16 |
Denied |
Response WaivedIFP |
circuit-split criminal-procedure criminal-sentencing drug-offense drug-trafficking federal-sentencing-guidelines mens-rea methamphetamine-importation scienter-requirement sentencing-guidelines statutory-interpretation |
1. Whether this Court should grant the Writ to resolve a circuit split as to whether the two level enhancement under U.S.S.G. § 2D1.1 (b) (5) contains… |
| 22-7808 |
Elroy Pedro Gomez v. William Joe Sullivan, Warden |
Ninth Circuit |
2023-06-16 |
Denied |
Response WaivedIFP |
California-Supreme-Court criminal-procedure Due-process Equal-protection Habeas-corpus ineffective-assistance plea-bargain Sentencing-enhancements Sixth-Amendment |
1. In the fi rst pl ace, was Peti tioner deni ed hi s Sixth Amendment
right to the effecti ve assi stance of counsel when hi s court-appoi nted
trial … |
| 22-7812 |
Miguel A. Cisneros v. Trent Allen, Warden |
Ninth Circuit |
2023-06-16 |
Denied |
Relisted (2)IFP |
14th-amendment appellate-review civil-rights constitutional-rights conviction criminal-procedure due-process evidence judicial-procedure jury-instructions legal-standing |
Question not identified. |
| 22-1216 |
Dwayne Ferguson v. United States |
Fourth Circuit |
2023-06-16 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
circuit-split criminal-procedure district-court-discretion extraordinary-and-compelling-reasons extraordinary-reasons first-step-act habeas-corpus legal-error sentence-reduction sentencing statutory-interpretation |
Whether 28 U.S.C. § 2255 limits a district court's discretion to consider—among other circumstancespecific factors—legal errors in prior proceedings a… |
| 22-7790 |
Lancey Darnell Ray v. Oklahoma |
Oklahoma |
2023-06-15 |
Denied |
Relisted (2)IFP |
active-duty-service-members actual-innocence criminal-jurisdiction criminal-procedure due-process forensic-pathology medical-examiners military-jurisdiction state-medical-examiners veterans |
Active duty service members, i.e., Airmen, Soldiers, Marines, Sailors, and Space Force alike, with civilian dependents stationed in the continental Un… |
| 22-7791 |
Clark Downs v. United States |
Eleventh Circuit |
2023-06-15 |
Denied |
Response WaivedIFP |
15-year-old circuit-court-review criminal-procedure drug-offense federal-sentencing interstate-commerce safety-valve sentencing-guidelines sentencing-reduction sexual-exploitation visual-depiction |
WHETHER THE EVIDENCE WAS LEGALLY INSUFFICIENT AS TO THE INTERSTATE COMMERCE ELEMENT ON COUNT ONE, WHICH CHARGED SEXUAL EXPLOITATION OF A FIFTEEN YEAR … |
| 22-7792 |
Diante Turman v. United States |
Eighth Circuit |
2023-06-15 |
Denied |
IFP |
appellate-review armed-career-criminal-act circuit-court-review circuit-split controlled-substance-offense criminal-conviction criminal-procedure district-court-discretion drug-offense drug-schedule drug-schedules federal-sentencing federal-sentencing federal-sentencing
22-7791" mcneill-precedent mcneill-v-united-states safety-valve sentencing-guidelines sentencing-reduction Whether the district court erred at sentencing in |
Congress and the U.S. Sentencing Commission require judges to impose criminal sentences that take account of a penalty range advised by the Sentencing… |
| 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 that covered the majority o… |
| 22-7796 |
Jose Alfredo Perez v. United States |
Fifth Circuit |
2023-06-15 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review case-specific-facts criminal-procedure criminal-sentencing district-court due-process fifth-circuit sentencing-guidelines sentencing-variance upward-variance |
Whether a district court's mere recitation of the sentencing statute absent any application of case-specific facts is sufficient to support a five-yea… |
| 22-7784 |
Demarcus Donte Ivey v. United States |
Fourth Circuit |
2023-06-14 |
Denied |
Amici (1)Response WaivedIFP |
burden-of-proof chapman-v-california constitutional-error criminal-procedure cumulative-error-doctrine evidentiary-errors harmless-error standard-of-review |
When, on direct appeal from a conviction in a federal criminal trial, an appellate court identifies multiple evidentiary errors, should each of those … |
| 22-7785 |
Christopher Lewis Tucker v. United States |
Fourth Circuit |
2023-06-14 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure due-process forcible-medication involuntary-medication judicial-discretion mental-competency mental-health pretrial-custody pretrial-detention sell-standard |
Whether a district court may order forcible medication under Sell v. United States when (1) record evidence shows that the government has already trie… |
| 22-7768 |
Nidal Ayyad v. United States |
Second Circuit |
2023-06-13 |
Denied |
Response WaivedIFP |
criminal-procedure direct-appeal double-jeopardy habeas-corpus resentencing section-2255 sentencing sentencing-review vacatur |
Whether, following the vacatur of a count of conviction (either on direct appeal or via a § 2255 motion), the district court must resentence the defen… |
| 22-7774 |
Duane E. Armstrong v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2023-06-13 |
Denied |
IFP |
burden-of-proof constitutional-rights criminal-procedure due-process evidence expert-testimony fingerprint-analysis forensic-evidence trial-procedure |
Before the Supreme Court review during trial in front of a jury. Does the
court 's need a second analyst to testifies, to the first analyst opinion co… |
| 22-7775 |
David Elijah Smith v. United States |
Fourth Circuit |
2023-06-13 |
Denied |
Response WaivedIFP |
appeals civil-rights constitutional-law court-of-appeals criminal-procedure due-process fifth-amendment jury-trial procedural-requirements sentencing statutory-interpretation |
Did you Did you Did you Did you Did you Did you Did you Did you Did you Did you Did you Did you Did you Did you Did you Did you Did you Did you Did yo… |
| 22-7779 |
Zohn Wang Kub Yang v. Dan Cromwell, Warden |
Seventh Circuit |
2023-06-13 |
Denied |
Response WaivedIFP |
5th-amendment civil-rights criminal-procedure custodial-interrogation due-process fifth-amendment law-enforcement miranda-rights miranda-v-arizona self-incrimination |
Whether the totality of the law enforcement officers' words or actions made during the questioning of Petitioner in this case when they told Petitione… |
| 22-1205 |
Brian D. Skattum v. Devan Collomy |
Maine |
2023-06-13 |
Denied |
|
14th-amendment 5th-amendment child-custody civil-rights criminal-case criminal-procedure divorce-proceeding due-process family-law fifth-amendment fourteenth-amendment self-incrimination |
Question I:
Can the Maine courts penalize a father in a
divorce and child custody proceeding, while he is also
a defendant in a Criminal case, for e… |
| 22-1200 |
Lee Jones v. United States |
Sixth Circuit |
2023-06-12 |
Denied |
|
appellate-review circuit-split criminal-procedure forfeiture independent-obligation judicial-discretion legal-argumentation legal-forfeiture young-v-united-states |
Do the courts of appeals, under Young v. United States, 315 U.S. 257 (1942), have an "independent obligation" to craft and consider forfeited legal ar… |
| 22-7753 |
Jane Doe, Female Juvenile v. United States |
Tenth Circuit |
2023-06-12 |
Denied |
Relisted (2)IFP |
criminal-procedure cruel-and-unusual-punishment eighth-amendment federal-juvenile-act juvenile-justice juvenile-transfer miller-v-alabama ripeness transfer-to-adult-proceedings |
When a juvenile is charged by Juvenile Information with First Degree Murder pursuant to 18 U.S.C. §§ 2, 1(a), 1151 & 1153, and the government files a … |
| 22-7756 |
Andre Zeno v. United States |
Fifth Circuit |
2023-06-12 |
Denied |
Relisted (2)IFP |
circuit-split criminal-history criminal-history-points criminal-procedure safety-valve sentencing sentencing-guidelines statutory-interpretation statutory-minimum |
Whether the "and" in § 3553(f)(1) means "and," so that a defendant satisfies the provision so long as he does not have (A) more than 4 criminal histor… |
| 22-7758 |
Steven Keith Hunley v. United States |
Sixth Circuit |
2023-06-12 |
Denied |
Response WaivedIFP |
armed-career-criminal-act constitutional-violations criminal-procedure fifth-amendment indictment jury-factfinding lower-courts-error preponderance-of-evidence sixth-amendment |
Can a district court judge determine that an individual's prior offenses occurred "on occasions different," as required by the Armed Career Criminal A… |
| 22-7761 |
Aaron Keith v. United States |
Tenth Circuit |
2023-06-12 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
appellate-review court-of-appeals criminal-procedure federal-courts judicial-procedure motion-to-dismiss speedy-trial statutory-right trial-continuance waiver |
Whether the court of appeals erred in holding that petitioner waived any speedy-trial objection to the period of delay after his motion to dismiss for… |
| 22-7764 |
Duane E. Owen v. Florida |
Florida |
2023-06-12 |
Denied |
IFP |
competency competency-to-be-executed criminal-procedure death-penalty dementia due-process eighth-amendment insanity legal-insanity rational-understanding |
1. Whether the State of Florida's perfunctory evaluation of Owen's claim that he is legally insane and incompetent to be executed violated the Eighth … |
| 22-7765 |
Michael Tanner Lank v. Oklahoma |
Oklahoma |
2023-06-12 |
Denied |
IFP |
civil-rights constitutional-violation criminal-procedure due-process federal-constitution oklahoma-court-of-criminal-appeals petition-for-writ-of-certiorari state-constitution state-law-interpretation trial-by-jury |
1) Mr. Lank respectfully asks- '
Is the Oklahoma Court of Criminal Appeals Court, Rule 5.5 in conformity with
the DUE PROCESS OF LAW standards of the … |
| 22-7766 |
Ramon Ramirez v. United States |
Second Circuit |
2023-06-12 |
Denied |
Response WaivedIFP |
appellate-jurisdiction constitutional-law criminal-jurisdiction criminal-procedure district-court federal-courts interstate-commerce jurisdiction second-circuit statutory-interpretation |
1. HAS THE SECOND CIRCUIT COURT OF APPEAL ERRED IN ITS CONCLUSION THAT THE DISTRICT COURT HAD JURISDICTION BASED ON EVIDENCE SUPPORTING THE INTERSTATE… |
| 22-7740 |
Chelsea Shannon McIntyre v. United States |
Ninth Circuit |
2023-06-09 |
Denied |
Response WaivedIFP |
career-offender criminal-procedure due-process judicial-discretion policy predicate-convictions sentencing-guidelines |
Did Ms. McIntyre receive due process of law where the district
applie d Care er Offender Guide lines, lacking a sound basis in policy,
and leading to … |
| 22-7741 |
Rudy Alvarez v. United States |
Ninth Circuit |
2023-06-09 |
Denied |
Amici (1)IFP |
burden-of-proof criminal-procedure due-process evidence-admissibility fifth-amendment law-enforcement-procedure miranda-warning miranda-warnings police-interrogation self-incrimination supreme-court |
1. When determining whether statements made after a midstream Miranda warning are admissible, do courts consider the warning's objective effectiveness… |
| 22-7742 |
Kent Taylor v. California |
California |
2023-06-09 |
Denied |
Relisted (2)IFP |
constitutional-rights criminal-procedure due-process jurisdiction speedy-trial statutory-interpretation |
HOW CAN tHE dIRECT APPAL bE hEId INTO JUBMISAON FOR APPROXIIMATELY (3) MHRE YEARS, PRaM SEPTEMbA 27, ZO17, UNITIL JANUMRY 17, ZOZO, WHEN tHhE PITONER … |
| 22-7747 |
Samuel Wilson, III v. United States |
Fifth Circuit |
2023-06-09 |
Denied |
Response WaivedIFP |
circuit-split criminal-procedure drug-slang evidence expert-testimony law-enforcement lay-testimony lay-witness |
Some, but not all, circuits permit a law enforcement agent who is not designated as an expert to testify as a lay witness about drug slang, jargon or … |
| 22-7731 |
Roy Lee Jones, Jr. v. United States |
Fifth Circuit |
2023-06-08 |
Denied |
Response WaivedIFP |
burden-of-proof controlled-substances criminal-procedure drug-conspiracy due-process essential-elements evidence fifth-circuit-precedent jury-instructions sentencing sentencing-issue standard-of-proof |
In addressing Roy Lee Jones, Jr.'s claim that the evidence in this methampethamine prosecution supported only a conviction for conspiracy to possess w… |
| 22-7733 |
Ahmad Salti v. United States |
Tenth Circuit |
2023-06-08 |
Denied |
Response WaivedIFP |
apportioned-restitution apportionment-of-liability co-defendant-liability credits-for-payments criminal-procedure criminal-restitution criminal-sentencing joint-and-several-liability payment-credits |
When a criminal restitution order apportions liability among co-defendants relative to their culpability and makes that apportioned amount owed jointl… |
| 22-7734 |
Christopher Alexander v. United States |
Fifth Circuit |
2023-06-08 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure due-process first-step-act resentencing sentencing sentencing-reduction statutory-interpretation |
Reduction of Sentence, Pursuant to Section 404 of the
First Step Act of 2018, requires a Plenary Resentencing to provide
procedural and substantial Du… |
| 22-7725 |
James Earl Green, Jr. v. United States |
Fifth Circuit |
2023-06-07 |
Denied |
Response WaivedIFP |
appeals appellate-review criminal-procedure criminal-sentencing due-process federal-sentencing-guidelines judicial-discretion reasonableness-review sentencing sentencing-factors sentencing-review substantive-reasonableness |
Whether substantive reasonableness review necessarily requires the court of appeals to reweigh the sentencing factors? |
| 22-7729 |
William J. Sears v. United States |
Tenth Circuit |
2023-06-07 |
Denied |
Response WaivedIFP |
certificate-of-appealability criminal-procedure district-court due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-agreement section-2255 |
Did the Court of Appeals err when it denied my Motion for Certificate of Appealability?
Did the District Court err when it denied my § 2255 petition … |
| 22-1185 |
Anthony James Scott v. Georgia |
Georgia |
2023-06-07 |
Denied |
Response Waived |
brady-violation criminal-procedure double-jeopardy due-process fifth-amendment mistrial mistrial-request prosecutorial-misconduct |
Did the Carroll County Superior Court and the Court of Appeals of the State of Georgia err when they held that the Carroll County District Attorney's … |
| 22-7718 |
Donnell Bledsoe v. Pearlie Townes |
California |
2023-06-06 |
Dismissed |
IFP |
cherokee-nation civil-rights constitutional-provisions constitutional-rights criminal-procedure due-process eastern-state-court jurisdiction life-sentence second-generation-offender sovereign-immunity |
Question not identified. |
| 22-7719 |
Joseph J. Buttercase v. James Martin Davis, et al. |
Nebraska |
2023-06-06 |
Denied |
Response WaivedIFP |
actual-innocence attorney-fees attorney-misconduct breach-of-contract civil-rights criminal-defendant criminal-procedure due-process ex-parte-communication fourteenth-amendment legal-malpractice standing |
Whether it is unconstitutional to require a criminal defendant to prove actual innocence to recover funds paid to his former defense attorney who neve… |
| 22-7723 |
Wesley Jorome Harris v. United States |
Fifth Circuit |
2023-06-06 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment parole sentencing sixth-amendment statutory-interpretation supervised-release |
Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments? |
| 22-7701 |
Jose Pena v. United States |
Second Circuit |
2023-06-05 |
Denied |
Response WaivedIFP |
appeals appellate-review criminal-procedure de-novo-review double-jeopardy due-process habeas-corpus section-2255 sentencing vacatur |
Whether, following the vacatur of a count of conviction (either on direct appeal or via a § 2255 motion), the district court must resentence the defen… |
| 22-7702 |
Antonio Montero v. United States |
Fifth Circuit |
2023-06-05 |
Denied |
Relisted (2)IFP |
18-usc-3553(f) criminal-history criminal-procedure federal-sentencing safety-valve sentence-reduction sentencing-guidelines statutory-interpretation |
A defendant is entitled to the safety-valve sentencing provision of 18 U.S.C. § 3553(f) unless he violates all three subsections of the statute: (1) m… |
| 22-7703 |
Jacob Patrick Krafft v. United States |
Tenth Circuit |
2023-06-05 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure criminal-sentencing due-process presumption-of-reasonableness sentencing-guidelines substantive-reasonableness within-guidelines-sentence |
How does a court of appeals determine whether a defendant has rebutted the presumption of reasonableness when the defendant is challenging the substan… |
| 22-7710 |
Michael Walker v. Morris Houser, Superintendent, State Correctional Institution at Benner Township, et al. |
Third Circuit |
2023-06-05 |
Denied |
IFP |
civil-rights constitutional-evidence credibility criminal-procedure due-process evidence exclusionary-rule federal-procedure judicial-review standing state-law timeliness |
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ReUbitClftifris OF ccfiiVVuFcnal CXCcR tOi-W\ ^uEvJvAence .v6
peYA.cn ^ of ^tu3
r p^-V.-ViC^rW… |
| 22-7711 |
William Jon Patric Ebert v. United States |
Fourth Circuit |
2023-06-05 |
Denied |
Response WaivedIFP |
criminal-procedure due-process evidence evidence-admissibility fourth-circuit prior-bad-acts rule-404(b) rule-404b sixth-circuit united-states-v-stout |
WHETHER THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT ERRED IN AFFIRMING THE DISTRICT COURT'S RULING TO ADMIT EVIDENCE OF THE APPELLANT'S … |
| 22-7682 |
Tyrin Gayle v. United States |
Second Circuit |
2023-06-02 |
Denied |
Response WaivedIFP |
2nd-amendment circuit-conflict circuit-split criminal-procedure disjunctive-theories due-process firearms-statute predicate-offense sentencing statutory-interpretation verdict-ambiguity |
I. Whether the Second Circuit conflicted with its own precedent in Capers when it denied Gayle relief?
II. Whether the Second Circuit Court of Appeal… |
| 22-7693 |
Jandin Munoz v. Arizona |
Arizona |
2023-06-02 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel post-conviction-relief right-to-counsel standing |
Question not identified. |
| 22-7697 |
Kenneth Brown, Jr. v. Pennsylvania, et al. |
Pennsylvania |
2023-06-02 |
Denied |
Response RequestedRelisted (2)IFP |
act-84 civil-rights constitutional-challenge constitutional-law criminal-procedure due-process guilty-plea sentencing separation-of-powers statutory-interpretation void-ab-initio |
I. Whether Act B4, 42 Pa.C.S. § 9728(b)(5) is Unconstitutional
on its Face as Violative of the Commonwealth of Pennsylvania
Constitution and/or the … |
| 22-7680 |
Adonne A. Horton v. West Virginia |
West Virginia |
2023-06-01 |
Denied |
Response WaivedIFP |
article-i-section-10 constitutional-law criminal-procedure due-process ex-post-facto fourteenth-amendment life-sentence police-pursuit statutory-interpretation |
Whether the Lower Court's Application of an Ex Post Facto Law to Affirm Petitioner's Life Sentence for Running From the Police Violated Article I, Sec… |
| 22-7683 |
Michael Dewayne Alfred v. United States |
Fifth Circuit |
2023-06-01 |
Denied |
Response WaivedIFP |
18-usc-2259 causal-role causation criminal-procedure criminal-sentencing restitution sentencing statutory-interpretation statutory-maximum victim-compensation |
When imposing restitution under 18 U.S.C. § 2259(b)(2), does the district court's restitution order exceed the statutory maximum when that court fails… |
| 22-7686 |
Daniel Dorado v. California |
California |
2023-06-01 |
Denied |
IFP |
civil-rights criminal-procedure due-process equal-protection first-amendment fourteenth-amendment miranda-rights rape-cases sentencing sixth-amendment |
For the Court's consideration and determination regarding issues involved in my criminal case, and consideration for adults in rape cases:
1. That th… |
| 22-7687 |
James Jones v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-06-01 |
Denied |
IFP |
constitutional-law criminal-procedure criminal-sentencing due-process evidence ineffective-assistance-of-counsel judicial-discretion retroactive-application self-defense statutory-interpretation verbal-threat |
Question not identified. |
| 22-7688 |
Avery Smartt v. United States |
Seventh Circuit |
2023-06-01 |
Denied |
Response WaivedRelisted (2)IFP |
civil-procedure civil-rights conflict-of-interest constitutional-rights criminal-procedure due-process human-trafficking ineffective-counsel judicial-misconduct speedy-trial standing |
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BMQkLL^„XU^Pmijn&nr_A lnor AT A Reslnenca^ 77>:AfecSaty
XH pJ THe A&enT Sl&ieS fo Howe (roUen ARtPor… |
| 22-7689 |
Jose Guadalupe Romero Torres v. United States |
Fifth Circuit |
2023-06-01 |
Denied |
Response WaivedIFP |
almendarez-torres apprendi-v-new-jersey constitutional-interpretation criminal-procedure historical-practices notice-clause prior-conviction prior-conviction-exception sixth-amendment |
Whether the prior-conviction exception from Almendarez-Torres can be squared with the text of the Sixth Amendment's Notice Clause and the historical p… |
| 22-7670 |
Lonnie Burdette Porter v. United States |
Ninth Circuit |
2023-05-31 |
Denied |
Response WaivedIFP |
appeal criminal-procedure due-process evidence-sufficiency firearm-possession sentencing-guidelines statutory-interpretation sufficiency-of-evidence |
In Thompson v. Louisville, 362 U.S. 199 (1960) and Garner v. Louisiana, 368 U.S. 157 (1961), this Court held that it is a violation of due process to … |
| 22-7672 |
Marcus D. Winston v. Nebraska |
Nebraska |
2023-05-31 |
Denied |
IFP |
14th-amendment 5th-amendment 6th-amendment constitutional-rights criminal-procedure due-process fair-trial prosecutorial-misconduct racial-rhetoric |
Whether the Nebraska Court of Appeals has decided an important question of federal law that has not been, but should be, settled by the United States … |
| 22-7673 |
James Michael Wells v. United States |
Ninth Circuit |
2023-05-31 |
Denied |
Response WaivedIFP |
anonymous-jury apprendi-rights criminal-procedure due-process jury-selection jury-trial public-trial restitution-order sixth-amendment |
1. Whether a criminal defendant has a Sixth Amendment right to a public
jury, as opposed to an "anonymous" jury, in a federal criminal trial, and, if … |
| 22-7674 |
John Paul Waldon v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-05-31 |
Denied |
IFP |
4th-amendment 6th-amendment appellate-review civil-rights constitutional-challenge criminal-procedure due-process federal-jurisdiction habeas-corpus standing |
Question not identified. |
| 22-7659 |
Darrien D. Johnson v. United States |
Fifth Circuit |
2023-05-30 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure due-process federal-sentencing first-step-act judicial-discretion motion-to-reduce sentencing sentencing-guidelines statutory-interpretation |
1. Did the District Court abuse its discretion when it imposed a sentence of 360 months when the applicable guideline range was 235-293 months?
2. Di… |
| 22-7661 |
Michael D. Beiter, Jr. v. United States |
Eleventh Circuit |
2023-05-30 |
Denied |
Response WaivedIFP |
access-to-counsel constitutional-rights counsel-termination criminal-procedure discovery due-process fifth-amendment pro-se-defense sixth-amendment |
Whether a defendant who continually terminated (FIRED) his/her counsel ab initio of the proceedings and throughout the proceedings can gain access to … |
| 22-7664 |
Forest Mitchell Kirst v. United States |
Ninth Circuit |
2023-05-30 |
Denied |
Response WaivedIFP |
administrative-law agency-investigation congressional-intent criminal-procedure due-process federal-agency federal-jurisdiction obstruction-of-justice statutory-interpretation |
The question presented here addresses the extent to which 18 U.S.C § 1505 applies to accident investigations by the National Transportation and Safety… |
| 22-7647 |
Nicasio Nevarez-Zamudio v. United States |
Fifth Circuit |
2023-05-26 |
Denied |
Response WaivedIFP |
appellate-procedure case-review constitutional-law criminal-procedure due-process fifth-circuit judicial-precedent jury-trial precedent sentencing supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-7650 |
Nolan Washington v. United States |
Fifth Circuit |
2023-05-26 |
Denied |
Relisted (2)IFP |
circuit-split criminal-procedure mandatory-minimum safety-valve sentencing sentencing-guidelines statutory-interpretation supreme-court |
Whether the Di strict Court erred when i t (1) fel t constrai ned to i mpose the
mandatory mi nimum sentence, 120 months of i mpri sonment; (2) di d … |
| 22-7652 |
Mark A. Jones v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2023-05-26 |
Denied |
Response WaivedRelisted (2)IFP |
constitutional-rights counsel-communication criminal-procedure deadline-extension effective-assistance-of-counsel ineffective-assistance missouri-v-frye plea-bargaining sixth-amendment |
Whether this Court's holding in Missouri v. Frye, 566 U.S. 134 (2012), that an attorney has a duty pursuant to the Sixth Amendment to communicate a fo… |
| 22-7653 |
Jose Carlos Gallegos-Hernandez v. United States |
Fifth Circuit |
2023-05-26 |
Denied |
Response WaivedIFP |
case-law criminal-procedure due-process fifth-circuit judicial-precedent overruling sentencing statutory-interpretation supreme-court-precedent supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-7656 |
In Re Brad Edmonds |
|
2023-05-26 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure due-process fourth-amendment gps-tracking habeas-corpus ineffective-assistance plea-negotiations privacy search-and-seizure standing |
Whether the United States court of Appeals previously addressed GPS tracking warrant and in conflict with a lower court of appeals and Supreme court?
… |
| 22-7631 |
Terrell McGee v. United States |
Seventh Circuit |
2023-05-25 |
Denied |
Response WaivedIFP |
compassionate-release constitutional-rights criminal-history criminal-procedure due-process equal-protection judicial-discretion murder-degrees retroactivity sentencing sentencing-disparities |
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CVen iftic<iWw<f ^cfwr le… |
| 22-7641 |
Carl Dean Wyatt, Jr. v. Steven Harpe, Director, Oklahoma Department of Corrections |
Tenth Circuit |
2023-05-25 |
Denied |
IFP |
criminal-procedure discovery dna-testing due-process ineffective-assistance plea-bargaining post-conviction-relief prosecutorial-misconduct witness-testimony |
#1. Is it proper for the prosecution to withhold the fact that a deal has been made with the witness for their testimony against a defendant.
#2. Why… |
| 22-7620 |
Timothy Sean Coogle v. United States |
Fourth Circuit |
2023-05-23 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure due-process entrapment evidence-sufficiency fabricated-evidence ineffective-assistance ineffective-assistance-of-counsel insufficient-evidence sixth-amendment strickland-standard |
Why was a Sixth Amendment violation not addressed in the Lower courts where defendant's lawyer failed utter the Strickland standards?
How is the defe… |
| 22-7621 |
Jerry Elkins v. United States |
Eighth Circuit |
2023-05-23 |
Denied |
Response WaivedIFP |
civil-rights constructive-amendment criminal-procedure due-process federal-jurisdiction fraud-on-the-court hazel-atlas-fraud interstate-commerce jury-instructions rico-violation |
Whether the convictions of Petitioner, to include twenty-one (21) other Defendants, was in violation of the U.S. Constitution as the instant indictmen… |
| 22-7623 |
Arquimedes Mendoza v. Jeff Macomber, Secretary, California Department of Corrections and Rehabilitation |
Ninth Circuit |
2023-05-23 |
Denied |
Response WaivedIFP |
constitutional-right criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel padilla-standard padilla-v-kentucky plea-bargaining reasonable-defendant reasonable-person |
Whether, it is enough for a defendant claiming ineffective assistance of counsel in the plea context to back his claim with substantial contemporaneou… |
| 22-7615 |
Willie Jerome Manning v. Mississippi |
Mississippi |
2023-05-23 |
Denied |
IFP |
criminal-procedure dna-testing due-process evidence evidence-testing habeas-corpus post-conviction post-conviction-relief state-court state-courts |
After trying for many years, Willie Manning was finally given access to biological evidence, including hairs that were introduced at trial and used ag… |
| 22-1139 |
Victor Santana v. Texas |
Texas |
2023-05-23 |
Denied |
Response RequestedRelisted (2) |
bolstering-evidence criminal-appeal criminal-procedure hearsay hearsay-evidence ineffective-assistance ineffective-assistance-of-counsel jury-instructions prior-bad-act-evidence prior-bad-acts trial-counsel |
Did the Court of Criminal Appeals err in finding that trial counsel's errors did not amount to ineffective assistance of counsel? |
| 22-7605 |
Sealed Appellant v. United States |
Ninth Circuit |
2023-05-22 |
Denied |
Response WaivedRelisted (2)IFP |
bad-faith cooperation cooperation-agreement criminal-procedure due-process government-misconduct guilty-plea plea-bargaining prosecutorial-discretion section-3553e sentencing sentencing-relief |
Did the government act in bad faith by denying 18 U.S.C. § 3553(e) relief to Petitioner when, after securing his guilty plea with the promise that it … |
| 22-7599 |
Curtis Marcel Barnette v. United States |
Fourth Circuit |
2023-05-19 |
Denied |
Response WaivedIFP |
constitutional-law constitutional-rights criminal-procedure due-process government-prosecution plea-agreement plea-bargaining right-to-appeal waiver |
DOES IT VIOLATE DUE PROCESS FOR A DEFENDANT TO BE
REQUIRED TO WAIVE HIS RIGHT TO APPEAL IN ORDER TO ENTER INTO
AN OTHERWISE FAVORABLE PLEA AGREEMENT W… |
| 22-7600 |
Randall Cooper, Jr., aka Randall Cooper, aka Randall Carl Cooper, Jr., aka Randall C. Cooper, Jr., aka Randall Carl Cooper v. Mississippi |
Mississippi |
2023-05-19 |
Denied |
IFP |
14th-amendment 5th-amendment 6th-amendment constitutional-amendments criminal-procedure due-process evidentiary-hearing newly-discovered-evidence trial-rights |
WHETHER THE NEWLY DISCOVERED EVIDENCE PRESENTED BY THE PETITIONER SHOULD WARRANT A NEW TRIAL PURSUANT TO THE 5TH 6TH AND 14TH AMENDMENTS OF OUR UNITED… |
| 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… |
| 22-7593 |
In Re Edwin W. Rubis |
|
2023-05-18 |
Denied |
IFP |
4th-amendment 5th-amendment constitutional-rights criminal-procedure due-process federal-custody habeas-corpus liberty marijuana-prohibition |
1. Whether Rules 14 (g) and (h) are not applicable to a petition for writ of habeas corpus to the Supreme Court of the United States that has original… |
| 22-7595 |
Arnoldo Navarette v. Vincent Horton, Warden, et al. |
Tenth Circuit |
2023-05-18 |
Denied |
Response WaivedIFP |
criminal-procedure effective-assistance-of-counsel evidence ineffective-assistance-of-counsel sixth-amendment trial |
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| 22-7596 |
Ripdaman Narula v. Superior Court of California, Orange County, et al. |
Ninth Circuit |
2023-05-18 |
Denied |
Response WaivedIFP |
civil-procedure civil-rights crime-reporting criminal-procedure default-judgment due-process judicial-procedure judicial-review law-enforcement pro-se standing victim-rights |
Question # 1. A pro se has a right to file a complaint in the court. Does he also has a right to win especially if defendant(s) default?
Question # 2… |
| 22-7578 |
In Re Carlos A. Seino |
|
2023-05-17 |
Denied |
IFP |
4th-amendment civil-rights criminal-procedure due-process federal-appellate jurisdictional-challenge massachusetts-law procedural-rules search-and-seizure standing |
Question not identified. |
| 22-7580 |
Victor Alfredo Bermudez v. United States |
Fifth Circuit |
2023-05-17 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
appellate-review criminal-procedure criminal-sentencing notice-of-objection preservation-of-error preservation-of-objection procedural-error sentencing standard-of-review supervisory-powers trial-court-notice |
Whether a specific objection must be lodged to preserve a procedural error claim when the trial court was put on notice of the objection through defen… |
| 22-7584 |
Kahliq Williams v. United States |
Fifth Circuit |
2023-05-17 |
Denied |
Response WaivedIFP |
appeal-waiver appeal-waivers circuit-split criminal-defendant criminal-procedure due-process plea-agreement policy-concerns sentencing-errors |
Can a criminal defendant knowingly and voluntarily forfeit his right to appeal the district court's yet-to-be-made sentencing errors as part of his pl… |
| 22-7585 |
Enrique Roberto Villarreal v. United States |
Fifth Circuit |
2023-05-17 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment sentencing sixth-amendment statutory-interpretation supervised-release |
Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments? |
| 22-7587 |
John Wayne Spell v. United States |
Fifth Circuit |
2023-05-17 |
Denied |
Response WaivedIFP |
appeal appeal-waiver criminal-procedure due-process fifth-circuit judicial-review plea-agreement procedural-error waiver |
Whether the Fifth Circuit erred by dismissing Mr. Spell's appeal based on the waiver of appeal provisions in his Plea Agreement. |
| 22-7558 |
Mike Vigil v. Midas International Corporation, et al |
Nevada |
2023-05-16 |
Denied |
Response WaivedRelisted (2)IFP |
civil-rights criminal-procedure default-judgment disability-act due-process elder-abuse elder-exploitation felony fraud intentional-fraud service-of-process standing |
IRREFUTABLE INTENTIONAL FRAUD - FELONY ?
This Appeal of Certiorari Does Not Arise on an Error of fact.
The Appeal Arises from the Supreme Court of t… |
| 22-7564 |
Victor Wilson v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2023-05-16 |
Denied |
Relisted (2)IFP |
11th-circuit 14th-amendment 6th-amendment constitutional-rights criminal-procedure due-process fourteenth-amendment speedy-trial |
(1) Can a 11th Circuit Court sua sponte deny a defendant's or petitioner's constitutional right to a public speedy trial 3.191 (P)(3). (2) Does the Pe… |
| 22-7566 |
Byron Keith Howard v. United States |
Fourth Circuit |
2023-05-16 |
Denied |
Response WaivedIFP |
automatic-right-to-withdraw criminal-procedure due-process factual-basis federal-rules-of-criminal-procedure guilty-plea plea-bargaining plea-colloquy right-to-be-informed rule-11 voluntary-plea |
Must a defendant be informed at the Rule 11 plea colloquy of a factual basis to support the defendant's plea of guilty before the court can accept the… |
| 22-7569 |
Andrew Payton v. United States |
Fifth Circuit |
2023-05-16 |
Denied |
Response WaivedIFP |
appeal-waiver contract-law criminal-defendant criminal-procedure defendant-rights due-process plea-agreement sentencing-error sentencing-errors voluntary-forfeiture |
Can a criminal defendant knowingly and voluntarily forfeit his right to appeal the district court's yet-to-be-made sentencing errors as part of his pl… |
| 22-7546 |
Robert Leslie Roberson, III v. Texas |
Texas |
2023-05-15 |
Denied |
Amici (5)IFP |
actual-innocence criminal-procedure due-process habeas-corpus medical-evidence scientific-consensus shaken-baby-syndrome |
(1) Does a conviction, based on a causation theory presented to a jury as scientific fact and used to establish that a homicide occurred, violate due … |
| 22-7553 |
Ivory Joe Tisdale v. United States |
Fourth Circuit |
2023-05-15 |
Denied |
Response WaivedIFP |
appellate-rights constitutional-law constitutional-rights criminal-procedure due-process government-prosecution plea-agreement plea-bargaining right-to-appeal waiver |
DOES IT VIOLATE DUE PROCESS FOR A DEFENDANT TO BE
REQUIRED TO WAIVE HIS RIGHT TO APPEAL IN ORDER TO ENTER INTO
AN OTHERWISE FAVORABLE PLEA AGREEMENT W… |
| 22-7539 |
Stacy Gallman v. United States |
Third Circuit |
2023-05-12 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
court-proceedings criminal-procedure cross-examination evidence evidence-ruling jury-selection public-trial sixth-amendment |
Whether the Sixth Amendment's public trial guarantee extends to proceedings after a jury has been seated in which the court rules on challenged eviden… |
| 22-7540 |
Harry Cole v. United States |
Fifth Circuit |
2023-05-12 |
Denied |
Response WaivedIFP |
appellate-review burden-of-proof criminal-procedure district-court due-process essential-element jurisdiction jurisdictional-concept sua-sponte venue |
1. Whether venue is only a jurisdictional concept rather than essential element of an offense that must be proved beyond a reasonable doubt;
2. Wheth… |
| 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 in evidence, when trial counsel objected to testimo… |
| 22-7543 |
Dwayne Mitchell Littlejohn v. United States |
Fourth Circuit |
2023-05-12 |
Denied |
Response WaivedIFP |
all-writs-act coram-nobis criminal-procedure custody due-process ineffective-assistance-counsel ineffective-assistance-of-counsel novelty-of-legal-interpretation sixth-amendment |
Whether a defendant's reliance on erroneous advice from counsel, the Court of Appeals and novelty of a legal interpretation constitutes valid reasons … |
| 22-7512 |
Eric Scott Kindley v. United States |
Eighth Circuit |
2023-05-11 |
Denied |
Response WaivedIFP |
18-usc-2412 causation civil-rights constitutional-error criminal-conviction criminal-procedure due-process false-evidence government-agents judicial-review jury-unanimity |
(1) whether the yuo vecds to be ua mous, tv Fide on elemats that are the causation oF de PAWATIOn UNVEZ IDUSC 2412, and where spect catly wetructinie … |
| 22-7531 |
Chykeetra Maltbia v. United States |
Eleventh Circuit |
2023-05-11 |
Denied |
Response WaivedIFP |
briefing circuit-court criminal-procedure due-process insufficient-evidence legal-error mens-rea miscarriage-of-justice plain-error prejudice regulatory-provisions |
Whether the Circuit Court erred in finding that the defendant had not established prejudice due to an omitted mens rea element based on what it believ… |
| 22-7533 |
Terence Crawley v. United States |
Sixth Circuit |
2023-05-11 |
Denied |
Response WaivedIFP |
18-usc-3582 civil-rights compassionate-release criminal-procedure discretionary-relief district-court-discretion due-process first-step-act non-frivolous-arguments sentencing sentencing-relief supreme-court-ruling |
Whether the district court is obligated to consider a defendant's non-frivolous arguments in exercising its discretion to grant relief in a motion for… |
| 22-7534 |
Charles Claude Ramsey v. Kimberly H. Runion, Director, Virginia Center for Behavioral Rehabilitation |
Fourth Circuit |
2023-05-11 |
Denied |
IFP |
civil-rights conflict-of-interest constitutional-rights criminal-procedure due-process evidence fourth-circuit judicial-recusal self-incrimination standing state-law |
Question not identified. |
| 22-7492 |
Cedric Winston O'Neal v. Craig Hughes, Warden |
Sixth Circuit |
2023-05-10 |
Denied |
Response WaivedIFP |
8th-amendment constitutional-rights criminal-procedure due-process eighth-amendment juvenile-justice mandatory-penalty mandatory-transfer miller-v-alabama montgomery-v-louisiana |
Are Mandatory Transfer Schemes also apart of SCOTUS' 8th Amendment ban of mandatory penalty schemes against children?
Did the United States Supreme C… |
| 22-7515 |
Juan Andrade-Moreno v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-05-10 |
Denied |
IFP |
6th-amendment civil-rights constitutional-rights criminal-procedure due-process habeas-corpus indigent-defense ineffective-assistance ineffective-assistance-of-counsel procedural-default right-to-counsel sixth-amendment |
Constitutionalits with theUnited State Constitutional
of statute into question;?
2D Thete Conflicted into Puestion?ln Sovereisnty, Common LAw.
Bill o… |
| 22-7520 |
Levaughn Collins v. United States |
Seventh Circuit |
2023-05-10 |
Denied |
Response WaivedIFP |
4th-amendment 5th-amendment appellate-review criminal-procedure fifth-amendment fourth-amendment motion-to-suppress statutory-interpretation suppression-of-evidence wiretap-evidence wiretapping |
Whether the District Court erred in its two decisions, on August 16, 2018, R. 546 and Hrg. Tr. I; and January 22, 2019, R. 625 and Hrg. Tr. II, denyin… |
| 22-7521 |
John Earnest Skrdla v. Oklahoma |
Oklahoma |
2023-05-10 |
Denied |
IFP |
constitutional-review criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel oklahoma-court-of-criminal-appeals state-court-appeals strickland-standard strickland-v-washington |
1. Whether the Oklahoma Court of Criminal Appeals ruled in contrary to Strickland v. Washington, 466 U.S. 668, 687(1984) when it determined Petitioner… |
| 22-7491 |
Orlando Ocasio v. Joseph Noeth, Superintendent, Attica Correctional Facility |
Second Circuit |
2023-05-09 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process expert-testimony expert-witness fair-trial habeas-corpus ineffective-assistance-of-counsel medical-evidence trial-strategy |
As in Mr.Ocasio's case where there was no introduction of any defense whatsoever and the Monroe County Court, Western District Court, and the Second C… |
| 22-7494 |
Floyd Ellis Wyche v. United States |
Eleventh Circuit |
2023-05-09 |
Denied |
Response WaivedIFP |
appeal-waiver conviction conviction-appeal criminal-procedure due-process plea-bargaining plea-colloquy rule-11 sentencing |
Rule 11(b)(1)(N) of the Federal Rules of Criminal Procedure requires that a
district court conducting a plea colloquy inquire into the defendant's kno… |
| 22-7495 |
Rudolfo Gill v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-05-09 |
Denied |
IFP |
civil-procedure civil-rights constitutional-interpretation constitutional-rights criminal-procedure due-process federal-jurisdiction judicial-review legal-precedent standing takings |
Question not identified. |
| 22-7496 |
Akkeli Frederick v. California |
California |
2023-05-09 |
Denied |
IFP |
civil-rights constitutional-violation criminal-procedure due-process fair-trial fifth-amendment illegal-interrogation involuntary-confession ninth-circuit prosecutorial-misconduct self-incrimination |
CjO-3 tv\ Qfo ae* c^LA.^'beA - PeA-iVt ©\ne.>r <^>V_a£> -VVua CLovav T-V-W? v'-e.N/xssi V(^. Vv^Ae\ACC Code SecA-ie>iA-i4-3L'20-'^ LOV\e^ VVv£.
#\oUi… |
| 22-7498 |
Joel Armando Rodriguez v. United States |
Fourth Circuit |
2023-05-09 |
Denied |
Response WaivedIFP |
cooperating-defendants cooperating-witnesses criminal-procedure drug-weight fourth-circuit methamphetamine offense-level plea-bargaining relevant-conduct sentencing-guidelines |
WHETHER THE DISTRICT COURT IMPROPERLY EXPANDED GUIDELINE § 1B1.3 BY INCLUDING AS RELEVANT DRUG WEIGHT UNCORROBORATED STATEMENTS OF TWO COOPERATING DEF… |
| 22-7501 |
Leon Caril, II v. Washington |
Washington |
2023-05-09 |
Denied |
IFP |
appeals-process criminal-procedure double-jeopardy due-process improper-witness-testimony ineffective-assistance-of-counsel legal-errors sentencing-errors sentencing-review sixth-amendment witness-testimony |
1. an as an Jvshce [A deciding Prosecuterial Vindiot veness OF appeals a ys want jvstee ta dec? " PTesecutecs
2. fA cidiag oX two Count ConyicHea Sor… |
| 22-7502 |
Anthony Gilbert-Brown v. United States |
Third Circuit |
2023-05-09 |
Denied |
Response WaivedIFP |
4th-amendment civil-rights criminal-procedure due-process fourth-amendment police-conduct seizure sentencing-guidelines standing supreme-court-review use-of-force |
1) Whether Third Cicuit Court of Appeals Erred Affirming Gilbert-Brown was
seize when Officer Engle approach Gilber.t-Brown as he attempted to go
aro… |
| 22-1090 |
Christopher David Tarpey v. Wyoming |
Wyoming |
2023-05-09 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
constitutional-rights criminal-procedure defendant-waiver due-process fundamental-right personal-right public-trial sixth-amendment waiver |
Is the Sixth Amendment right to a public trial a fundamental right that is personal to the defendant such that waiver must be on the record by the def… |
| 22-7479 |
Mario Rodolfo Chairez-Avila v. United States |
Fifth Circuit |
2023-05-08 |
Denied |
IFP |
Apprendi-v-New-Jersey case-law certiorari constitutional-interpretation criminal-procedure due-process fifth-circuit judicial-precedent jury-trial recidivism sentencing supreme-court-review |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-7480 |
Elbert Silas v. United States |
Fifth Circuit |
2023-05-08 |
Denied |
Response WaivedIFP |
appeal-waiver constitutional-provisions criminal-procedure due-process index-of informed-consent procedural-rights reason-for-granting-the-writ sentencing-guidelines |
Whether Mr. Silas's due process rights were violated by the enforcement of the appeal waiver when Mr. Silas was not advised and did not know that he w… |
| 22-7468 |
Donatus O. Mbanefo v. United States |
Eleventh Circuit |
2023-05-05 |
Denied |
Response WaivedIFP |
14th-amendment constitutional-deficiency criminal-procedure due-process equal-protection minority-rights selective-prosecution sixth-amendment trial-counsel |
Question 1. Whether the lower courts erred by lending themselves to a prosecution that intentionally selected minority physicians for prosecution in v… |
| 22-7469 |
Angel Hernan Hernandez v. Ron Godwin, Warden |
Ninth Circuit |
2023-05-05 |
Denied |
IFP |
appeals civil-rights criminal-procedure district-attorney due-process standing |
Question not identified. |
| 22-1080 |
City of Stockton, California, et al. v. Francisco Duarte |
Ninth Circuit |
2023-05-05 |
Denied |
Amici (2)Response Waived |
civil-procedure civil-rights civil-rights-claim criminal-procedure due-process heck-bar heck-v-humphrey nolo-contendere plea-bargaining plea-deal pretrial-diversion section-1983 |
Whether the " Heck Bar," which this Court created in Heck v. Humphrey , 512 U.S. 477 (1994) , bars a 42 U.S.C. Section 1983 claim where the plaintiff … |
| 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 (COA) when it concluded that he had not made… |
| 22-1070 |
Stanford James Stelle, III v. California |
California |
2023-05-04 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
competency competency-hearing criminal-defendant criminal-procedure drope-v-missouri due-process fourteenth-amendment mental-competency mental-incompetence pate-v-robinson successive-review |
Does California's heightened standard for a successive competency hearing violate the Due Process Clause of the Fourteenth Amendment? |
| 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 |
1. Whether The United States Court of Appeals for the Seventh Circuit's decision was contrary to federal precedent when it held that Hinkle's federal … |
| 22-7457 |
Bruce Allen Buckner v. Daniel Porter, et al. |
Fourth Circuit |
2023-05-04 |
Denied |
IFP |
brady-violation civil-procedure civil-rights civil-stay constitutional-rights criminal-case criminal-procedure due-process judicial-bias obstruction-of-justice stay |
1. Does a Stay in one civil proceeding pending the outcome of a Criminal case extend to all other civil proceeding stemming from the same Criminal cas… |
| 22-7459 |
Joseph Church v. United States |
Fifth Circuit |
2023-05-04 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fifth-circuit guilty-plea involuntary-plea notice plea-withdrawal sentencing |
I. Whether it is harmless error when a guilty plea is obtained in violation of due process of law when a judgment of conviction is entered without pro… |
| 22-7460 |
Carlos Darnell Dixon v. Tennessee |
Tennessee |
2023-05-04 |
Denied |
IFP |
2nd-amendment civil-rights constitutional-rights criminal-procedure criminal-trial due-process evidence firearm-possession jury-inference jury-trial second-amendment |
The issue presented in this application has never been addressed by this Court; to wit, to what extent may the State violate a citizen's right to bear… |
| 22-7462 |
Ronnie Bowman v. United States |
Fourth Circuit |
2023-05-04 |
Denied |
Response WaivedIFP |
8th-amendment civil-rights criminal-procedure due-process habeas-corpus sentencing |
Question not identified. |
| 22-7465 |
Jogaak Jogaak v. Dan Sullivan, Warden |
South Dakota |
2023-05-04 |
Denied |
IFP |
armed-career-criminal-act civil-rights constitutional-challenge criminal-procedure due-process jurisdiction sentencing-enhancement standing statutory-interpretation vagueness-doctrine violent-felony |
Is a Section 1983 action involved in SDC 22-1-2(WA)? Serious, why does the Eighth Amendment protect the right to life with what is SDC 22-1-2(B)? Does… |
| 22-7438 |
Frank Nellom v. United States District Court for the Eastern District of Pennsylvania |
Third Circuit |
2023-05-03 |
Denied |
Response WaivedRelisted (2)IFP |
court-order criminal-procedure double-jeopardy due-process expungement fourteenth-amendment judicial-interpretation jury-finding jury-instructions rape-conviction |
A. Did the honorable Philadelphia Court of Common Pleas Judge Joan A. Brown find the Commonwealth v. Frank Nellom, 565 A.2d 770 (Pa. Super. 1989) Cour… |
| 22-7439 |
Julio Osorio v. United States |
Fifth Circuit |
2023-05-03 |
Denied |
Response WaivedIFP |
circuit-split criminal-procedure due-process federal-law guideline-interpretation ransom-crime sentencing-enhancement sentencing-guidelines statutory-interpretation |
The Fifth Circuit Court Of Appeals has entered a decision in
on the same conflict with the decision of other Courts Of Appeals
important question of … |
| 22-7451 |
Bennie C. Rivera v. United States |
Eleventh Circuit |
2023-05-03 |
Denied |
Response WaivedIFP |
abuse-of-discretion criminal-justice criminal-procedure fair-sentence-act first-step-act judicial-discretion judicial-review motion-denial sentencing sentencing-discretion statutory-interpretation |
DID JUDGE JOHN ANTON II, UNITED STATES DISTRICT COURT JUDGE ABUSE HIS DISCRETION WHEN HE DENIED THE PETITIONER'S MOTION IN PURSUANT TO THE FIRST STEP … |
| 22-7437 |
Kevin Darrell Miller v. United States |
Ninth Circuit |
2023-05-02 |
Denied |
Response WaivedIFP |
contemporaneous-conduct criminal-procedure drug-distribution drug-use evidence evidence-admissibility intent-standard mens-rea possession |
Whether, in a drug distribution trial, evidence of a defendant's drug use and simple possession is admissible to prove mens rea if the use and possess… |
| 22-7444 |
Julio Gonzalez v. United States |
Fifth Circuit |
2023-05-02 |
Denied |
Response WaivedIFP |
administration-of-justice base-offense-level cocaine-possession criminal-procedure criminal-sentencing culpability culpability-assessment drug-quantity fifth-circuit sentencing-guidelines |
I. Whether the Fifth Circuit violated federal law when it conducted a cursory review of the facts related to the district courts erroneous decision to… |
| 22-1063 |
Tennessee v. Tyshon Booker |
Tennessee |
2023-05-02 |
Denied |
Response Waived |
8th-amendment constitutional-law criminal-procedure eighth-amendment graham-v-florida juvenile-offenders juvenile-sentencing life-without-parole miller-v-alabama sentencing-guidelines term-of-years-sentences |
Whether this Court should extend Graham and Miller to term-of-years prison sentences that permit a juvenile offender's release after a lengthy period … |
| 22-1065 |
John Paul Gosney, Jr. v. United States |
Eleventh Circuit |
2023-05-02 |
Denied |
Response Waived |
asset-forfeiture asset-restraint counsel-of-choice criminal-procedure due-process ex-parte-order forfeiture-statute grand-jury right-to-counsel traceability |
I
Whether United States v. Monsanto, 491 U.S. 600
(1989), and/or Kaley v. United States, 571 U.S. 320
(2014), should be overruled or at least modified… |
| 22-7417 |
Keanan Dequez Bond v. United States |
Fourth Circuit |
2023-05-01 |
Denied |
Response WaivedIFP |
compassionate-release criminal-procedure district-court due-process equal-protection fourteenth-amendment plea-agreement sentencing |
Whether the court of appeals violated the defendant's Fourteenth Amendment right to equal protection where the district court in a motion for compassi… |
| 22-7420 |
Jose Angel Morquecho-Sanchez v. United States |
Fifth Circuit |
2023-05-01 |
Denied |
IFP |
case-law criminal-procedure due-process fifth-circuit judicial-precedent jury-trial sentencing stare-decisis statutory-interpretation supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez- Torres v. United States, 523 U.S. 244 (1998)? |
| 22-7421 |
Michael Anthony McDowell, aka Red v. United States |
Fourth Circuit |
2023-05-01 |
Denied |
Response WaivedIFP |
compel criminal-procedure district-court due-process government-discretion government-refusal judicial-review rule-35 rule-35-motion standing |
Whether the due process rights of Petitioner violated by the Government's refusal to file a Rule 35 motion, and the district court's refusal to compel… |
| 22-7423 |
Gilberto Marquez-Calzadilla v. United States |
Fifth Circuit |
2023-05-01 |
Denied |
IFP |
Almendarez-Torres case-review criminal-procedure due-process fifth-circuit judicial-precedent jury-trial legal-challenge sentencing Supreme-Court supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-7426 |
George Donald Hatt, Jr. v. Washington |
Washington |
2023-05-01 |
Denied |
IFP |
criminal-procedure effective-assistance-of-counsel informed-consent informed-decision mandatory-minimums offender-score plea-bargain plea-negotiations trial-strategy |
Does effective assistance of counsel in a plea bargain context require that counsel actually and substantially assist a client in deciding whether to … |
| 22-7432 |
Willie Glover, Jr. v. United States |
District of Columbia |
2023-05-01 |
Denied |
Response WaivedIFP |
civil-procedure civil-rights constitutional-law criminal-procedure cruel-and-unusual-punishment due-process eighth-amendment executive-order human-rights recidivism sentencing-guidelines standing |
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| 22-7435 |
Alex Smith v. United States |
Fourth Circuit |
2023-05-01 |
Denied |
Response WaivedIFP |
circuit-split criminal-procedure due-process fifth-amendment jury-instruction jury-instructions reasonable-doubt |
Does the Due Process Clause of the Fifth Amendment require a trial court to instruct, or refuse to instruct, the Jury on the fundamental meaning of "B… |
| 22-7393 |
Allen W. Thompson v. Harold W. Clarke, Director, Virginia Department of Corrections |
Virginia |
2023-04-28 |
Denied |
IFP |
affidavit-requirement collateral-attack credibility-of-witnesses criminal-procedure due-process evidentiary-standards habeas-corpus habeas-petition ineffective-assistance ineffective-assistance-of-counsel pro-se-litigation standard-of-review |
Pro se litigants filing claims of ineffective assistance of counsel and claims 1. are
routinely dismissed as "insufficient " "where it is merely concl… |
| 22-7396 |
Richard Anthony Wilford v. United States |
Fourth Circuit |
2023-04-28 |
Denied |
Response WaivedIFP |
cocaine-quantity criminal-procedure district-court due-process equal-protection false-declaration pro-se pro-se-petition sentencing sentencing-memorandum supervised-release supremacy-clause |
Whether to grant the petition for a writ of certiorari, vacate the judgment, and remand for reconsideration in light of Concepcion V. United States, 1… |
| 22-7397 |
Daniel Kim v. Massachusetts |
Massachusetts |
2023-04-28 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-speech due-process fighting-words first-amendment free-speech jury-determination jury-instructions speech-protection state-court true-threats |
1. Whether a state court is prohibited from unilaterally determining whether a defendant's written speech on his blog is protected or criminal, withou… |
| 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 |
A person accused of a crime is entitled to have his guilt or innocence determined solely on the basis of evidence introduced at trial. Taylor v. Kentu… |
| 22-7401 |
Brandon Quane Hudson v. United States |
Fourth Circuit |
2023-04-28 |
Denied |
Response WaivedIFP |
4th-amendment criminal-procedure drug-trafficking fourth-amendment good-faith-exception magisterial-review magistrate-review probable-cause search-and-seizure search-warrant |
In this case, police executed a search warrant at a person's home based solely on the fact that said person was involved in the sale of drugs, when ot… |
| 22-7404 |
Tomas Jaramillo v. United States |
Fifth Circuit |
2023-04-28 |
Denied |
Response WaivedIFP |
appeal-rights attorney-client-communication attorney-consultation consultation-duty criminal-appeals criminal-defendant criminal-procedure flores-ortega-standard ineffective-assistance-of-counsel right-to-appeal sentencing |
Whether, when a criminal defendant expresses interest in an appeal and concern over the length of his sentence, an attorney who fails to hold a follow… |
| 22-7407 |
Derrick D. Hayes v. Illinois |
Illinois |
2023-04-28 |
Denied |
Response WaivedIFP |
criminal-procedure due-process ineffective-assistance prejudice right-to-counsel trial-strategy |
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<3 IWeose-' Prwoca'fldn - Tt'wf tucvs p<*fe/rHi/
Un'kznqbf… |
| 22-7408 |
Robert E. Hammersley v. Wisconsin |
Wisconsin |
2023-04-28 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure due-process ex-parte ex-parte-denial habeas-corpus judicial-notice post-conviction postconviction-relief standing statutory-interpretation wrongful-conviction |
The Wisconsin Supreme Court Should Not Have EX PARTE discriminatively continued with the 2018-ongoing DENIALS OF the UNHEARD PETITIONS FILED FOR JUDIC… |
| 22-7413 |
Nathan G. Flemming v. Tennessee |
Tennessee |
2023-04-28 |
Denied |
Response WaivedRelisted (2)IFP |
constitutional-law constitutional-provisions criminal-procedure defendant-rights delay due-process judicial-process presence-of-defendant pronouncement-of-sentence sentencing sentencing-delay |
1. DOES A THIRTEEN MONTH DELAY BETWEEN SENTENCING HEARING AND THE PRONOUNCEMENT OF SENTENCE VIOLATE DUE PROCESS?
2. DOES THE ABSENCE OF A DEFENDANT F… |
| 22-7389 |
Gerald Lee Banks v. A. W. Wingfield, Acting Warden |
Fourth Circuit |
2023-04-27 |
Denied |
Response WaivedIFP |
appeal appellant-court case-law criminal-procedure due-process fourth-circuit judicial-review legal-precedent precedent sentencing-error |
Did the Appellant err when it violated its own precedent in denying Banks sentencing error?
Did the Lower Court err when it violated Fourth Circuit p… |
| 22-7390 |
Robert James Turner, aka Robert James Branham v. United States |
Fourth Circuit |
2023-04-27 |
Denied |
Response WaivedIFP |
assimilative-crimes-act civil-rights criminal-procedure district-court due-process federal-jurisdiction government-action jurisdictional-dispute legal-review ninth-circuit stipulation |
relied almost exclusively on Torver's jurisdictional "stipulation" iNvolving the Lortons Facility, Can this stipulatiow legally Torner's case?
Moreov… |
| 22-7391 |
Joshua G. Stegemann v. United States |
Second Circuit |
2023-04-27 |
Denied |
Response WaivedIFP |
asset-forfeiture constitutional-rights counsel-performance criminal-procedure ineffective-assistance ineffective-assistance-of-counsel plea-bargaining right-to-counsel sixth-amendment |
1. If a lawyer advises her client to reject a favorable plea deal and instead proceed to trial in the face of overwhelming evidence of guilt resulting… |
| 22-1046 |
Thomas J. Kelly v. University of Florida Board of Trustees, et al. |
Florida |
2023-04-27 |
Denied |
Response Waived |
civil-rights constitutional-rights criminal-procedure due-process judicial-misconduct mandamus-petition presumption-of-innocence public-records separation-of-powers |
Whether when considering a petition for a writ of mandamus regarding a public records request, can a state civil, not criminal, circuit trial court ju… |
| 22-7370 |
Donte Lamont Dingle v. United States |
Fourth Circuit |
2023-04-26 |
Denied |
Response WaivedIFP |
criminal-procedure de-novo-review discovery-rule-16 fourth-amendment franks-v-delaware franks-violation jencks-material probable-cause search-warrant standard-of-review |
Whether the Fourth Circuit's decision conflicts with prior decisions of this Court and another United States Court of Appeals, including its own, on t… |
| 22-7373 |
Victor M. Miranda-Guerrero v. California |
California |
2023-04-26 |
Denied |
IFP |
aggravating-circumstances apprendi-v-new-jersey constitutional-rights criminal-procedure death-penalty due-process jury-determination jury-trial mitigating-circumstances sentencing sentencing-procedure |
Does the mandatory weighing of aggravating and mitigating circumstances under the California death penalty statute—a factfinding determination that se… |
| 22-7377 |
Jose Isabel Mora-Rodriguez v. United States |
Fifth Circuit |
2023-04-26 |
Denied |
IFP |
burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 22-7378 |
Patrick Ellis Cochran v. Harold W. Clarke, Director, Virginia Department of Corrections |
Fourth Circuit |
2023-04-26 |
Denied |
Response WaivedIFP |
6th-amendment constitutional-rights criminal-procedure custody due-process ineffective-assistance plea-bargaining plea-negotiations sixth-amendment speedy-trial |
Petitioner experienced extreme prejudice for 7 months while held in continous custody _2_ .counties away, waiting to answer charges — in Fairfax Count… |
| 22-7379 |
Igor Grushko v. United States |
Eleventh Circuit |
2023-04-26 |
Denied |
Response WaivedIFP |
4th-amendment criminal-procedure fourth-amendment law-enforcement loss-calculation probable-cause reasonableness reasonableness-standard search-and-seizure search-warrant sentencing-guidelines |
1. WHETHER THE POLICE ENTERING A RESIDENCE TO
EXECUTE A SEARCH WARRANT MUST POSSESS PROBABLE
CAUSE THAT THE PERSON THEY ARE SEEKING IS INSIDE THE
RESI… |
| 22-7381 |
Larry Anthony Ladson, Jr. v. United States |
Fourth Circuit |
2023-04-26 |
Denied |
Response WaivedIFP |
certificate-of-appealability civil-rights criminal-procedure due-process equal-protection habeas-corpus judicial-review legal-standing procedural-due-process selective-prosecution standing |
Whether Petitioner was a victim of Selective Prosecution.
Whether Petitioner was erroneously denied a Certificate of Appealability. |
| 22-7382 |
Tarus Vandell Sales v. Texas |
Texas |
2023-04-26 |
Denied |
IFP |
actual-innocence constitutional-rights criminal-procedure death-penalty eighth-amendment enmund-v-florida fourteenth-amendment habeas-corpus law-of-parties sixth-amendment tison-v-arizona |
1. Whether Mr. Sales's death sentence violates the Sixth, Eighth, and
Fourteenth Amendments, where the jury did not and could not find, based on the
e… |
| 22-7384 |
In Re Reidie James Jackson |
|
2023-04-26 |
Denied |
IFP |
abstention circuit-court civil-rights constitutional-review criminal-procedure dismissal due-process federal-jurisdiction judicial-procedure jurisdiction standing |
Can Pre Uwited Stes Court of Appeals. Fer
We Bh Cir eu refuse Yo address We is9n2 of abstention
. Presented Yny The VS. distvick court's Merch 352022… |
| 22-7359 |
Devin Baker v. United States |
Sixth Circuit |
2023-04-25 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
controlled-substances criminal-law criminal-procedure drug-convictions drug-offense federal-sentencing prior-convictions sentencing-guidelines statutory-interpretation |
The United States Sentencing Guidelines significantly increase the recommended sentencing range for a defendant who has at least two prior felony conv… |
| 22-7361 |
Demonte Tretion Kelly v. United States |
Fifth Circuit |
2023-04-25 |
Denied |
Response WaivedIFP |
appeal-waiver appellate-waiver circuit-split criminal-procedure due-process intellectual-disability miscarriage-of-justice sentencing-guidelines |
Whether appellate waivers in federal criminal cases contain and implied exception for miscarriage of justice. |
| 22-7364 |
Matthew Caleb Ross v. Texas |
Texas |
2023-04-25 |
Denied |
IFP |
civil-rights community-supervision constitutional-rights criminal-procedure discovery due-process effective-assistance-of-counsel evidence-review habeas-corpus ineffective-assistance texas-court |
I. PETITIONER QUESTIONS THE LEGALITY OF THE COURT OF OKLAHOMA APPEALS OFFICER'S DISMISSAL OF A WRIT OF HABEAS CORPUS TO ENJOIN COMMUNITY SUPERVISION N… |
| 22-7369 |
Sydney Tyrone Mays v. Illinois |
Illinois |
2023-04-25 |
Denied |
IFP |
civil-rights criminal-procedure due-process evidence ineffective-assistance prior-statement right-to-counsel sixth-amendment trial-integrity witness |
Does a witness stating that he does not remember 2his two thirds of nis prror staterrent without ever establishing Proper foundatien to specfic subjec… |
| 22-7350 |
Emanuel Higuera v. United States |
Ninth Circuit |
2023-04-24 |
Denied |
Response WaivedIFP |
criminal-procedure due-process evidence evidentiary-hearing expert-testimony judicial-discretion law-enforcement preliminary-proceedings trial-procedure witness-qualification |
Whether district courts should be required to hold some type of preliminary proceedings before allowing experienced-based law enforcement experts to t… |
| 22-7352 |
Samuel Jesus Avila v. United States |
Fifth Circuit |
2023-04-24 |
Denied |
Response WaivedIFP |
2nd-amendment constitutional-interpretation criminal-procedure due-process federal-criminal-procedure federal-rule plain-error precedent second-amendment standing |
In Henderson v. United States, this Court held that "it is enough that an error be plain at the time of appellate consideration" to meet the second pr… |
| 22-7357 |
Irina Collier v. Marc Tessier-Lavigne, President of Stanford University, et al. |
Federal Circuit |
2023-04-24 |
Denied |
IFP |
civil-rights criminal-procedure due-process federal-courts habeas-corpus standing |
Question not identified. |
| 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 |
1 (a) Whether it is a violation of the Confrontation Clause to dispense with physical/ face-to-face confrontation and permit out-of-state testimony vi… |
| 22-7345 |
Ali F. Elmezayen v. United States |
Ninth Circuit |
2023-04-21 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure domestic-abuse due-process fair-trial impartial-jury jury-selection sixth-amendment voir-dire |
Whether, consistent with the Sixth Amendment right to an impartial jury, a district court may refuse to inform the venire during jury selection about … |
| 22-7346 |
John G. Calhoun v. Florida |
Florida |
2023-04-21 |
Denied |
Response WaivedIFP |
criminal-procedure due-process estelle-v-mcguire habeas-corpus jury-instruction jury-instructions legal-precedent lisenba-v-california manslaughter trial-fairness |
Whether the inaccurate jury instruction on Manslaughter by Act so infused
the trial with unfairness as to deny the Petitioner's right to Due Process o… |
| 22-7348 |
Joel Suarez v. Chris Brewer, Warden |
Eighth Circuit |
2023-04-21 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel jury-instructions plea-bargaining right-to-counsel sixth-amendment trial-counsel |
Ineffective Assistance Of Counsel
Counsel failed to get a interpreter.
Counsel was ineffective in the plea-bargain process.
Counsel failed to object t… |
| 22-7349 |
Thomas J. M. Goodin v. United States |
Fifth Circuit |
2023-04-21 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure due-process effective-assistance-of-counsel fifth-circuit habeas-corpus ineffective-assistance standing |
1. Whether the Fifth Circuit clearly exceeded its authority by failing to consider Mr. Goodin's Motion to Supplement in support of his claim that tria… |
| 22-7330 |
Pedro Perez-Hernandez v. United States |
Fifth Circuit |
2023-04-20 |
Denied |
Response WaivedIFP |
citizenship citizenship-status civil-rights constitutional-violations criminal-procedure deportation due-process habeas-corpus immigration ineffective-counsel sentencing |
guilty of offense of "reentry" into United States, which was for Sixth Constitutional Amendment (Effective Assistance of Counsel). Where defense Trial… |
| 22-7333 |
David Jah, Sr. v. United States |
Ninth Circuit |
2023-04-20 |
Denied |
Response WaivedIFP |
civil-rights commerce-clause criminal-procedure due-process interstate-commerce jury-instruction jury-instructions pro-se-representation sixth-amendment speedy-trial speedy-trial-act |
1) Will the theory of the government, assisted by their witnesses, known to be
fabricated, asserted to be harmful and outreagous conduct, be enough t… |
| 22-7335 |
Enrique Holguin v. United States |
Ninth Circuit |
2023-04-20 |
Denied |
Response WaivedIFP |
criminal-procedure due-process evidence evidentiary-standards expert-testimony judicial-discretion law-enforcement preliminary-hearing preliminary-proceedings trial-procedure |
Whether district courts should be required to hold some type of preliminary proceedings before allowing experienced-based law enforcement experts to t… |
| 22-7336 |
Shawn Kaleb Drake v. United States |
Fifth Circuit |
2023-04-20 |
Denied |
Response WaivedIFP |
bureau-of-prisons credit criminal-procedure duty-to-determine federal-sentence federal-sentencing judicial-discretion presentence-detention sentencing |
1. If a defendant requests that he be given credit towards his federal sentence for presentence detention time, is a district court – knowing that the… |
| 22-7339 |
Holly Harvey v. Georgia |
Georgia |
2023-04-20 |
Denied |
Response WaivedIFP |
14th-Amendment appellate-rights criminal-appeals criminal-procedure due-process georgia-courts habeas-corpus ocga-5-6-35 post-conviction-remedies |
In Dougherty v. State, 315 Ga 188, 880 SE2d 523 (2023), the Supreme Court of Georgia admitted they have erroneously referred pro se litigants to pursu… |
| 22-7340 |
Damorius D. Gaines v. Geoffrey Benedict Eaton, et al. |
Fourth Circuit |
2023-04-20 |
Denied |
IFP |
4th-amendment 6th-amendment 8th-amendment civil-rights constitutional-rights criminal-procedure due-process exclusionary-rule fourth-amendment ineffective-assistance-of-counsel search-warrant |
1. Did Magistrate Judge Geoffrey Eaton err in violating the Fourth Amendment, Search and Seizure; probable Cause. By Signing arrest warrant without a … |
| 22-7316 |
Hugo Perez-Mendoza v. United States |
Fifth Circuit |
2023-04-19 |
Denied |
IFP |
criminal-law criminal-procedure due-process judicial-precedent precedent-overturning recidivism sentencing stare-decisis statutory-interpretation supreme-court-review |
Whether this Court should overrule its decision in Almendarez-Torres v. United States, 523 U.S. 224 (1998). |
| 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 |
In Our "ShorvG4u* l'tFyMW(ii)Oo5*r'i T prt-sented TVi* .Mtentit- OMvfMd (Vib/^ i/USdod-iau Of pecenis iflfoEi/itUnck- jwtyii, yw+U diSisq^kTH
c..!,:^ … |
| 22-7319 |
Jose Manuel Salazar-Hernandez v. United States |
Fifth Circuit |
2023-04-19 |
Denied |
IFP |
case-law criminal-appeal criminal-procedure due-process fifth-circuit judicial-precedent jury-trial sentencing stare-decisis statutory-interpretation supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-7321 |
Schuyler Scarborough v. Oklahoma |
Oklahoma |
2023-04-19 |
Denied |
IFP |
criminal-procedure due-process habeas-corpus retroactivity right-to-counsel state-criminal-procedure |
akMtr+k*' ifoh- of tthfitkA a
Ade.i^c{>f>or^rh^ fft^ te ^
dwltd fh<o ostiehuu*. of Ceufi^l -for bus d&tlASt. ./.
uiht-fbitr-0ie~^fah- e-f OkUah&Ma. t… |
| 22-7324 |
Byron R. Fisher v. Denis R. McDonough, Secretary of Veterans Affairs |
Federal Circuit |
2023-04-19 |
Denied |
Response WaivedIFP |
administrative-procedure civil-rights constitutional-rights criminal-procedure disability-claims due-process judicial-review military-service standing veterans-benefits |
Did the lower court violate the constitutional rights of
an Iraq War Veteran (Petitioner) by not addressing the
crimes commited by the Respondent?
… |
| 22-7308 |
Jose Alfredo Solis v. United States |
Ninth Circuit |
2023-04-18 |
Denied |
Response WaivedIFP |
appellate-review circuit-split criminal-procedure federal-appeals guidelines-range harmless-error sentencing-guidelines standard-of-proof |
The U.S. Sentencing Guidelines "are not only the starting point for most federal sentencing proceedings but also the lodestar." Molina-Martinez v. Uni… |
| 22-7310 |
Antonio Minnis v. United States |
Eighth Circuit |
2023-04-18 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure enhanced-sentence ineffective-assistance ineffective-assistance-of-counsel plea-bargaining prejudice-prong sentencing-enhancement sixth-amendment strickland-standard strickland-v-washington |
This Court in Strickland v. Washington , 466 U.S. 668, 80 L.Ed.2d 674, 104 S.Ct. 2052 (1984), laid the foundation for the gauging of ineffective assis… |
| 22-7313 |
Rakim Moberly v. United States |
Sixth Circuit |
2023-04-18 |
Denied |
Response WaivedIFP |
appellate-procedure circuit-court-standard compassionate-release criminal-procedure excusable-neglect federal-rules-of-appellate-procedure first-step-act notice-of-appeal pro-se pro-se-appeal |
1) Did the Petitioner's Letter to the District Court Clerk, which stated:
"5:19-Cr~136-DCR
Dear Court Clerk
I received the decision from the court to… |
| 22-1013 |
J. R. v. North Carolina |
North Carolina |
2023-04-18 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
constitutional-rights criminal-procedure due-process impartial-judge judicial-bias judicial-impartiality liberty-interest north-carolina-law trial-judge trial-procedure |
Whether, when a person's liberty is at stake, the right to an impartial judge guaranteed by the Due Process Clause is violated where the trial judge a… |
| 22-7282 |
David William Linder v. Brian Lammer, Warden |
Seventh Circuit |
2023-04-14 |
Denied |
Response WaivedIFP |
analogue-drugs controlled-substances criminal-procedure drug-statute federal-cases jury-instructions mens-rea standing supreme-court-rule-14.1(b) |
Can the drug death statute, 21 § 841(b)(1)(C) be enlarged to include analogue drugs?
Can a McFadden review of a defendant's mens rea be performed by … |
| 22-7284 |
Herbert Bernard Johnson v. United States |
Sixth Circuit |
2023-04-14 |
Denied |
Response WaivedIFP |
amendment criminal-law criminal-procedure harmless-error indictment indictment-amendment interstate-commerce statutory-interpretation structural-error |
I. Should this Court grant the Petition for a Writ of Certiorari
to resolve whether the statutory language of 18 U.S.C.
§2252A(a)(5)(B)'s alternative … |
| 22-7286 |
Vonteak Alexander v. Jane Doe, et al. |
Ninth Circuit |
2023-04-14 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
contract-law criminal-procedure defendant-rights due-process judicial-discretion legal-reformation mistake-of-law mutual-mistake plea-agreement |
May a court reform an accepted, valid, federal plea agreement containing a mutual mistake of law to circumvent the mistake to the defendant's prejudic… |
| 22-7287 |
Rodolfo Tovar-Zamarripa v. United States |
Fifth Circuit |
2023-04-14 |
Denied |
IFP |
almendarez-torres apprendi-v-new-jersey constitutional-interpretation criminal-procedure historical-practices notice-clause prior-conviction-exception prior-convictions sixth-amendment |
Whether the prior-conviction exception from Almendarez-Torres can be squared with the text of the Sixth Amendment's Notice Clause and the historical p… |
| 22-7288 |
Gilberto Gonzalez-Enriquez v. United States |
Fifth Circuit |
2023-04-14 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure due-process error-calculation harmless-error judicial-discretion sentencing sentencing-error sentencing-guidelines standard-of-review u.s-sentencing-guidelines |
Whether a sentencing court can insulate a substantial error in calculating the U.S. Sentencing Guidelines range from appellate review simply by assert… |
| 22-7290 |
Michael Kenneth Howard v. United States |
Fourth Circuit |
2023-04-14 |
Denied |
Response WaivedIFP |
abuse-of-discretion acceptance-of-responsibility criminal-procedure district-court fourth-circuit right-to-appeal sentencing-guidelines waiver waiver-of-appeal |
I. Whether the Fourth Circuit erred by ruling that Mr. Howard waived his right to appeal whether the District Court erred by not applying Acceptance o… |
| 22-7292 |
Jason Edward Simpson v. United States |
Fifth Circuit |
2023-04-14 |
Denied |
Response WaivedIFP |
21-usc-841 controlled-substances-act criminal-procedure due-process jury-finding jury-instructions knowledge-element mens-rea reasonable-doubt statutory-minimum-maximum statutory-sentencing |
1. Whether a conviction of a substantive offense under 21 U.S.C. § 841 of the Controlled Substances Act ("CSA") requires that a jury find beyond a rea… |
| 22-7296 |
Nathan Karl Thomas v. United States |
Eighth Circuit |
2023-04-14 |
Denied |
Response WaivedRelisted (2)IFP |
constitutional-challenge criminal-procedure criminal-sentencing double-jeopardy due-process legal-review plea-bargaining sentencing statutory-interpretation substantive-review supreme-court-petition |
Did the government breach the plea agreement by giving Petitioner a substantive sentence that was inconsistent with the plea agreement?
Double Jeopar… |
| 22-7267 |
Lloyd Leslie Kindred v. T. Cisneros, Warden |
Ninth Circuit |
2023-04-13 |
Denied |
IFP |
6th-amendment constitutional-rights criminal-procedure cruel-and-unusual-punishment due-process effective-assistance-of-counsel ineffective-assistance interest-of-justice outcome-determination prejudicial-error reasonable-probability sixth-amendment |
Brawnds(f), tas J deated the 6TH mend ment oF Heo VU, Lornctidubion: Ke oarebing Lown sed s Pray Mianee. Wa ad teas onobhy et&ti ve"and Hrat Here /5 a… |
| 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 |
ynoc^dut*. FaII ,'fcj Ut-jDer TU< 4 CRuTny Of
Ttl<. Bull Com', -^TAA/ cIario AM) Vio IA Ti'hQ TH< FT/J
hmtksOmcnT THAT iS To STATcS THROUGH
Ttt& IHm… |
| 22-7272 |
Christopher Ernest Martinez v. United States |
Fifth Circuit |
2023-04-13 |
Denied |
Response WaivedIFP |
criminal-procedure elements-of-crime factual-basis federal-rules-of-criminal-procedure guilty-plea plain-error plea-bargaining rule-11 sufficiency-of-evidence united-states-supreme-court |
Where the record identifies no conduct that matches the clearly established and uncontested elements of the crime of conviction, is the district court… |
| 22-7273 |
Fidelmar Hernandez-Jimenez v. United States |
Fifth Circuit |
2023-04-13 |
Denied |
Response WaivedIFP |
appellate-review conflict-with-other-courts criminal-procedure district-court district-court-error holguin-hernandez judicial-discretion sentencing-guidelines substantial-argument substantial-arguments |
Whether, after Holguin -Hernandez v. United States , __U.S.__, 140 S.Ct. 762 (2020), a party may obtain appellate relief when the district court fails… |
| 22-7280 |
Richard Ralph Martinez v. Michelle Lujan Grisham, Governor of New Mexico, et al. |
Tenth Circuit |
2023-04-13 |
Dismissed |
IFP |
criminal-procedure determinate-sentencing due-process habeas-corpus indeterminate-sentencing judicial-review life-sentence new-mexico parole parole-eligibility sentencing |
1. Whether Petitioner's allegations of violation, abridgment and denial of his constitutional rights by the named defendants' ignoring and violating t… |
| 22-992 |
Clay Melton Denton v. United States |
Fifth Circuit |
2023-04-13 |
Denied |
|
adverse-inference criminal-procedure due-process evidence-spoliation exculpatory-evidence government-failure jury-instruction spoliation |
If critical evidence, which is at a minimum potentially exculpatory, is lost as a result of government's failure to preserve it, when is a defendant e… |
| 22-997 |
Andrew Lewis v. Texas |
Texas |
2023-04-13 |
Denied |
|
criminal-procedure habeas-corpus ineffective-assistance ineffective-assistance-of-counsel medical-evidence medical-testimony prejudice-analysis standard-of-review strickland-standard strickland-v-washington trial-counsel |
Whether the TCCA, by considering only the trial testimony that supported the convictions rather than how the testimony of petitioner's medical experts… |
| 22-993 |
In Re Krishna Maharaj |
|
2023-04-12 |
Denied |
Amici (2) |
constitutional-rights criminal-procedure due-process factual-innocence federal-courts federal-procedure habeas-corpus innocence judicial-review |
WHETHER, GIVEN THE CHAOS IN THE
LOWER COURTS ON THE EXISTENCE OR
SCOPE OF THE FEDERAL CONSTITUTIONAL RIGHT NOT TO BE IMPRISONED
WHEN FACTUALLY INNOCEN… |
| 22-7259 |
Jose Manuel Cejudo-Mancinas v. United States |
Fifth Circuit |
2023-04-12 |
Denied |
IFP |
case-law criminal-procedure due-process fifth-circuit judicial-precedent jury-trial sentencing stare-decisis statutory-interpretation supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-7260 |
Luis Alberto Escobedo-Duenas v. United States |
Fifth Circuit |
2023-04-12 |
Denied |
IFP |
almendarez-torres-precedent certiorari constitutional-provisions criminal-procedure due-process fifth-circuit judicial-review overrule sentencing sixth-amendment supreme-court supreme-court-review |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-7261 |
Susan Elise Prophet v. United States |
Eighth Circuit |
2023-04-12 |
Denied |
Response WaivedIFP |
18-usc-3582 abuse-of-discretion appellate-review compassionate-release criminal-procedure eighth-circuit federal-sentencing judicial-discretion sentence-reduction sentencing statutory-interpretation |
Whether the United States Court of Appeals for the Eighth Circuit abused its discretion in denying Prophet's Motion for Compassionate Release/Reductio… |
| 22-7264 |
Corey Shamon McKinney v. United States |
Tenth Circuit |
2023-04-12 |
Denied |
Response WaivedIFP |
4th-amendment civil-rights criminal-procedure drug-possession evidence-suppression fourth-amendment franks-v-delaware probable-cause search-warrant standing |
Question 1: Did a illegal search and seizute takeplace? |
| 22-7247 |
Claudia Castillo Guzman v. United States |
Ninth Circuit |
2023-04-10 |
Denied |
Response WaivedIFP |
criminal-procedure due-process government-conduct judicial-discretion mitigating-factors sentence-manipulation sentencing |
Whether the Due Process Clause is violated when a sentencing court refuses to consider, as a mitigating factor, whether the government has engaged in … |
| 22-7249 |
Daryl Lee Godette Jr. v. United States |
Fourth Circuit |
2023-04-10 |
Denied |
Response WaivedIFP |
burden-of-proof constructive-possession criminal-procedure drug-possession due-process evidence evidence-standard possession reasonable-doubt |
Whether the Government proved beyond a reasonable doubt that Mr. Godette possessed the heroin found in the apartment. |
| 22-7251 |
Thomas Creighton Shrader v. United States |
Fourth Circuit |
2023-04-10 |
Denied |
Response WaivedIFP |
constitutional-competence constitutional-standing criminal-procedure criminal-venue federal-courts federal-jurisdiction fourth-circuit-review standing statutory-interpretation subject-matter-jurisdiction venue |
#1. When Congress by Statute has mandatorily set where the criminal Subject Matter Jurisdiction of the offense must be, was the Fourth Circuit in erro… |
| 22-978 |
Jackie Jackson v. Ohio |
Ohio |
2023-04-10 |
Denied |
Amici (1)Response RequestedResponse WaivedRelisted (2) |
4th-amendment contraband criminal-procedure fourth-amendment law-enforcement lower-court-conflict police-conduct precedent probable-cause search search-and-seizure vehicle-search |
Where one police officer opens the door of a car, and another officer looks through the open door for contraband, have the police conducted a "search"… |
| 22-980 |
Neil Paul Noble v. Texas |
Texas |
2023-04-10 |
Denied |
Response Waived |
constitutional-rights criminal-procedure due-process fourteenth-amendment fundamental-right harmless-error indictment-notice notice sixth-amendment state-courts |
A. Indictment
A(l). Notice Is a Fundamental
Federal Constitutional Right
Is the Sixth Amendment right to be informed of the na
ture and cause of the … |
| 22-7239 |
Edward Knight v. United States |
Ninth Circuit |
2023-04-07 |
Denied |
Response WaivedIFP |
crime-of-violence criminal-procedure due-process felony hobbs-act in-person jury-trial public-trial sixth-amendment structural-error |
1. Whether allowing a seated juror to appear virtually via Zoom in a federal felony trial is structural error violating the Fifth and Sixth Amendment … |
| 22-7225 |
Andrew Michael Gomez v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2023-04-06 |
Denied |
Response WaivedIFP |
constitutional-inquiry criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel motion-to-suppress plea-bargaining presumption-of-innocence trial-court |
1.) Whether a trial court is constitutionally required to conduct an extensive inquiry into, and make a judicial finding of, the factual basis of a gu… |
| 22-7232 |
Darrell Gunn v. Frederick N. Berntein, et al. |
Second Circuit |
2023-04-06 |
Denied |
Response WaivedIFP |
8th-amendment assault assault-case civil-rights constitutional-rights criminal-procedure due-process evidentiary-standards judicial-review medical-treatment retaliation |
whether plaintiff was within the 3 year time limit of 42 U.S.C.A. Section 1997e(a)
whether the plaintiff's factual allegations of Anthony Annucci, et… |
| 22-7235 |
Adam Chism v. Mississippi |
Mississippi |
2023-04-06 |
Denied |
IFP |
criminal-procedure due-process illegal-sentence interest-of-justice plain-error sentencing trial-court |
WHETHER CHISM WAS DENIED DUE PROCESS OF LAW WHEN PLAIN ERROR WAS COMMITTED BY THE TRIAL COURT IN IMPOSING AN ILLEGAL SENTENCE AS A MATTER OF LAW AND/O… |
| 22-7214 |
Miguel Angel Bacilio v. Texas |
Texas |
2023-04-05 |
Denied |
Relisted (2)IFP |
constitutional-error constitutional-rights criminal-procedure due-process fair-trial judicial-discretion jurisdiction right-to-counsel sixth-amendment |
(a) Whether the trial court was legally convened and constitu
ted with the provisions of the constitution and statute to remain
a "Court of Competen… |
| 22-7215 |
Robert William Wazney v. South Carolina |
South Carolina |
2023-04-05 |
Dismissed |
Response WaivedRelisted (2)IFP |
appellate-procedure constitutional-review criminal-procedure direct-review due-process exhaustion-of-remedies jury-instructions post-conviction-relief retroactivity state-court-jurisdiction |
Subsequent Petitioner's conviction/ while his case was under direct review, State High-Court held in an unrelated case—Stukes [1]—that the trial court… |
| 22-7216 |
Terrell Anderson v. United States |
Fourth Circuit |
2023-04-05 |
Denied |
Response WaivedIFP |
4th-amendment appellate-review criminal-procedure exclusionary-rule fourth-circuit judicial-review motion-to-suppress pretrial-motion search-and-seizure standard-of-review |
Whether the United States Court of Appeals for the Fourth Circuit erred when it affirmed the district court's denial of Terrell Anderson's pretrial mo… |
| 22-7218 |
Jaime Tomas-Antonio v. United States |
Fifth Circuit |
2023-04-05 |
Denied |
IFP |
constitutional-law constitutional-provisions criminal-law criminal-procedure due-process fifth-circuit legal-precedent precedent sentencing supreme-court supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-7220 |
Geronimo Juarez-Medellin v. United States |
Fifth Circuit |
2023-04-05 |
Denied |
IFP |
appellate-procedure Apprendi-v-New-Jersey certiorari constitutional-interpretation criminal-law criminal-procedure due-process judicial-precedent jury-trial recidivism sentencing supreme-court-review |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 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 |
To secure Ray Dansby's conviction and death sentence, the State relied heavily on the testimony of a jailhouse informant to whom Dansby purportedly co… |
| 22-7224 |
Trinidad Walter Encarnacion-Pascual v. United States |
Fifth Circuit |
2023-04-05 |
Denied |
IFP |
case-review constitutional-law criminal-procedure criminal-sentencing due-process fifth-circuit judicial-procedure legal-precedent statutory-interpretation supreme-court-precedent supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-7210 |
David McCall, Jr. v. United States |
Sixth Circuit |
2023-04-05 |
Denied |
Response WaivedIFP |
18-usc-3582 circuit-split criminal-procedure district-court-discretion extraordinary-compelling-reason sentence-reduction sentencing-law |
Whether a district court may consider the disparity in a sentence when the applicable sentencing law has changed, when the disparity is of a degree wh… |
| 22-7213 |
Brian Evan Roth v. Florida |
Florida |
2023-04-05 |
Denied |
Response WaivedIFP |
burden-of-proof civil-rights closing-arguments criminal-procedure due-process evidence evidence-introduction judicial-discretion prosecutorial-misconduct trial-procedure |
1. Did thetrial Court Err in allowing
oncharged erimes
not containod in the in farmatuen, to he introduced and
sfotlighted as testimany? As well as be… |
| 22-966 |
Cavanta McLilly v. Adam Douglas, Warden |
Sixth Circuit |
2023-04-05 |
Denied |
Response Waived |
alleyne-violation criminal-procedure due-process evidence harmless-error jury-instructions jury-verdict police-testimony sentencing-review standard-of-review surveillance-video |
I. Whether police testimony identifying Mr. McLilly as the perpetrator seen on a surveillance video from the crime scene had a substantial and injurio… |
| 22-7197 |
Bernard A. Brandon v. Connecticut |
Connecticut |
2023-04-04 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
coercion criminal-procedure custody juvenile-justice miranda-rights probation |
(1) Whether an interrogation in a secured facility between a probationer who is present on the orders of his probation officer, and armed law enforcem… |
| 22-7205 |
Miguel Valdivia-Gonzalez v. United States |
Fifth Circuit |
2023-04-04 |
Denied |
IFP |
case-law court-of-appeals criminal-procedure due-process judicial-review jury-trial legal-precedent precedent sentencing statutory-interpretation supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez- Torres v. United States, 523 U.S. 244 (1998)? |
| 22-7207 |
Ignacio Martinez-Saucedo v. United States |
Fifth Circuit |
2023-04-04 |
Denied |
IFP |
case-review court-of-appeals criminal-procedure due-process judicial-procedure legal-precedent overruling sentencing statutory-interpretation supreme-court supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-7209 |
Dylan Brando Ervey Macias-Torres v. United States |
Fifth Circuit |
2023-04-04 |
Denied |
IFP |
case-law criminal-procedure due-process fifth-circuit judicial-precedent jury-trial sentencing stare-decisis statutory-interpretation supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-7178 |
David Frazier v. Tennessee |
Tennessee |
2023-04-03 |
Denied |
Response WaivedIFP |
appellate-review constitutional-review court-jurisdiction criminal-procedure due-process judicial-review jurisdiction legal-error procedural-due-process sentencing sentencing-procedure state-courts |
Whether Supreme Court for Tennessee ignored facts and procedure for correction of illegal sentence.
Whether Criminal Appeals Court for Tennessee also… |
| 22-7179 |
Andres Ajualip-Pablo v. United States |
Fifth Circuit |
2023-04-03 |
Denied |
IFP |
case-law court-of-appeals criminal-procedure due-process judicial-review jury-trial legal-precedent sentencing stare-decisis statutory-interpretation supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-7180 |
Tyshon Booker v. Tennessee |
Tennessee |
2023-04-03 |
Dismissed |
IFP |
apprendi-v-new-jersey criminal-procedure fourteenth-amendment juvenile-court juvenile-transfer probable-cause reasonable-doubt sentencing sixth-amendment transfer-hearing |
The defendant in this case was sixteen when the alleged crime was committed. He was initially charged in Juvenile Court. He was transferred from Juven… |
| 22-7182 |
Azizjon Rakhmatov v. United States |
Second Circuit |
2023-04-03 |
Denied |
Response WaivedIFP |
28-usc-46c 2nd-circuit circuit-conflict criminal-procedure due-process en-banc en-banc-review inter-panel-conflict judicial-bias racial-bias sentencing |
1. Whether the unresolved conflict between the Second Circuit panels in this case, and the conflict among the circuits on whether 28 U.S.C. §46 can an… |
| 22-7183 |
Manuel Camilo Ordonez-Mendoza v. United States |
Fifth Circuit |
2023-04-03 |
Denied |
IFP |
case-law constitutional-law criminal-procedure due-process fifth-circuit judicial-precedent jury-trial precedent sentencing statutory-interpretation supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-7186 |
Daniel Ray Mann v. Doug Clark, Warden, et al. |
Eighth Circuit |
2023-04-03 |
Denied |
Response WaivedRelisted (2)IFP |
appellate-review civil-rights constitutional-rights criminal-procedure due-process expert-testimony plain-error plain-error-review procedural-default prosecutorial-misconduct vouching |
1. Are AW "rUiW
2. \ 5 W-eof €_viWv\a: 11
Cjqyw AvAcvVvonW C$tl'*' iytK) fi'tjhA ftcccjnizej 3.5 AW. reWAW process
ru^VA preseMeck unier "pWn errur
V… |
| 22-7145 |
Abdullah Khabir Yusuf v. United States |
Fifth Circuit |
2023-03-31 |
Denied |
Response WaivedIFP |
criminal-procedure due-process in-re-winship jackson-v-virginia reasonable-doubt standard-of-review sufficiency-of-evidence |
The question presented is whether a federal court of appeals reviewing a defendant's challenge to the sufficiency of the evidence supporting his convi… |
| 22-7167 |
Quentin Truley v. United States |
Eleventh Circuit |
2023-03-31 |
Denied |
Response WaivedIFP |
civil-rights conspiracy constitutional-rights crime-of-violence criminal-procedure due-process hobbs-act ineffective-assistance plea-bargaining probable-cause sentencing |
(1) Under categorical approach, is 18 USC § 924(c)'s residual clause held as unconstitutionally vague, and predicated by Conspiracy to Commit Hobbs Ac… |
| 22-7142 |
William Matthew Plump v. United States |
Eighth Circuit |
2023-03-30 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure due-process fraud legal-ethics legal-misrepresentation mail-fraud misrepresentation sentencing wire-fraud |
The law of the Eighth Circit is that an attomey volates the federal mail andwi frand stattes 18 U.5.8 134 and 343, if thy Make Mat Misstatements or am… |
| 22-7155 |
Kalid Koron Ocean-Avent v. United States |
Fourth Circuit |
2023-03-30 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-law criminal-procedure due-process evidence evidentiary-errors fair-trial firearm firearm-possession jury reasonable-doubt |
I.
Whether the Government proved beyond a reasonable doubt that Mr. Ocean-Avent possessed a firearm.
II.
right to a fair trial. |
| 22-7156 |
James Anthony Rogers v. United States |
Eighth Circuit |
2023-03-30 |
Denied |
Response WaivedIFP |
brady-violation civil-rights criminal-procedure due-process equal-protection prosecutorial-misconduct |
Question not identified. |
| 22-7159 |
Denzel Simmons v. Mike Walczak, Warden |
Sixth Circuit |
2023-03-30 |
Denied |
IFP |
appellate-procedure civil-rights constitutional-rights criminal-procedure double-jeopardy due-process fraud-on-court free-speech ineffective-assistance-of-counsel police-misconduct sixth-circuit |
1) Musk MESimamens conchors fer assaul voitn intenb te ou Ader and LAorions. assaull le vacated because ray, are nck supported. by soPhiciend eindence… |
| 22-953 |
Pablo Calderon v. United States |
Second Circuit |
2023-03-30 |
Denied |
Response Waived |
criminal-charges criminal-procedure district-court due-process federal-jurisdiction federal-statute habeas-corpus statutory-interpretation substantive-law |
Does a federal district court have habeas corpus jurisdiction when a substantive element of the criminal charges was not found under the law mandated … |
| 22-945 |
Jonathan Dean Davis v. United States |
Fifth Circuit |
2023-03-29 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
criminal-procedure criminal-statute misrepresentation money-laundering restitution sentencing statutory-interpretation victim-loss wire-fraud |
1. Is proof of misrepresentations by a defendant in 2014 alone sufficient to establish that wire transfers occurring years later in 2016 and 2017 were… |
| 22-7138 |
Muzammil Ali v. United States |
Eighth Circuit |
2023-03-29 |
Denied |
Response WaivedIFP |
criminal-procedure downward-variance due-process fifth-amendment jail-phone-calls motion-for-continuance sentencing sixth-amendment speedy-trial speedy-trial-act |
1. WHETHER THE COURT OF APPEALS ERRED IN AFFIRMING THAT ALI'S FIFTH AND SIXTH AMENDMENT RIGHTS WERE NOT VIOLATED UNDER THE SPEEDY TRIAL ACT.
2. WHETH… |
| 22-7146 |
Daren Bernard Razz, III v. United States |
Eleventh Circuit |
2023-03-29 |
Denied |
Response WaivedIFP |
18-usc-3161 criminal-procedure due-process federal-prosecution government-delay indictment-timing sixth-amendment speedy-trial statutory-delay |
Issue 1: Petitioner briefs the following point in an abundance of caution to preserve the issue regarding the denial of his second motion to dismiss t… |
| 22-7148 |
Karteu Omar Jenkins v. United States |
Eleventh Circuit |
2023-03-29 |
Denied |
Response WaivedRelisted (9)IFP |
acquitted-conduct criminal-procedure drug-weight-calculation due-process fifth-amendment ineffective-assistance-of-counsel right-to-counsel sentencing sixth-amendment |
I. WHETHER THE DISTRICT COURT ERRED IN NOT APPOINTING NEW
COUNSEL AFTER THE SECOND HEARING ON THIS MATTER?
II. WHETHER THE DISTRICT COURT ERRED IN NO… |
| 22-7130 |
Timothy Fletcher v. United States |
First Circuit |
2023-03-28 |
Denied |
Response WaivedIFP |
booker-decision criminal-procedure district-court-notice federal-rules federal-rules-of-criminal-procedure judicial-discretion mandatory-guidelines notice-requirement sentencing sentencing-guidelines united-states-v-booker |
Whether this Court's elimination of the mandatory sentencing guidelines pursuant to United States v. Booker, 543 U.S. 220 (2005) has rendered Fed. R. … |
| 22-7114 |
Miguel Ortiz-Castillo v. United States |
Fifth Circuit |
2023-03-27 |
Denied |
IFP |
alleyne almendarez-torres appellate-procedure apprendi constitutional-law criminal-law criminal-procedure due-process judicial-interpretation precedent-analysis sentencing supreme-court-review |
Whether this Court should consider the continuing validity of Almendarez-Torres v. United States, 523 U.S. 244 (1998), in light of the reasoning of Ap… |
| 22-7116 |
In Re Ramone L. Wright |
|
2023-03-27 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure defendant-rights due-process federal-rules-of-criminal-procedure judicial-error plea-agreement plea-bargaining rule-11 rule-52 |
1D cen a prosecutorenter additionc chorses in
an indictment withoot the added counts bang Superceded
or returned by the Grand Jry while cnder oxith
of… |
| 22-7121 |
Christopher Barret v. United States |
Second Circuit |
2023-03-27 |
Denied |
Response WaivedIFP |
28-usc-2255 criminal-procedure de-novo-resentencing de-novo-review direct-appeal resentencing sentencing sentencing-discretion vacatur |
1. Whether, following the vacatur of one or more counts, either pursuant to a direct appeal or a 28 U.S.C. § 2255 motion, a district court must conduc… |
| 22-7087 |
Michael James Hoffman v. United States District Court for the District of Arizona |
Ninth Circuit |
2023-03-24 |
Denied |
Relisted (2)IFP |
criminal-procedure due-process evidence-manipulation fifth-amendment fourteenth-amendment grand-jury right-to-counsel sixth-amendment state-misconduct trial-misconduct |
1. To secure its 2011 and 2012 false indictments, did the State violate Petitioner's Sixth Amendment Right to Counsel and Due Process when it circumve… |
| 22-7090 |
Frank Gallardo v. United States |
Eighth Circuit |
2023-03-24 |
Denied |
Response WaivedRelisted (2)IFP |
civil-rights constitutional-rights criminal-procedure due-process evidence evidence-exclusion expert-testimony fair-trial federal-rules-of-evidence speedy-trial |
I Mo/io/l for Jcojul tt<sL se -L^/^ /a/SuffideA
&\)'ic/ertC& ~bo Gubsid tkce^Se to Jit/y.
Xj (beard i To nKeUs TesiL /f\Ony Should sv&t bs^ (bets (sl… |
| 22-7091 |
David Lee Hering v. Iowa |
Iowa |
2023-03-24 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure criminal-prosecution due-process fourteenth-amendment legal-authority personal-jurisdiction speedy-trial void-judgement |
1. Whether a criminal prosecution and judgement therefrom is void where the trial court lost personal jurisdiction over the defendant prior to the sta… |
| 22-7100 |
Felipe Nevarez v. United States |
Tenth Circuit |
2023-03-24 |
Denied |
Response WaivedIFP |
constitutional-provisions criminal-procedure due-process objection-timing speedy-trial speedy-trial-act statute-of-limitations statutory-interpretation tenth-circuit trial-delay waiver |
Does the Speedy Trial Act require the accused to object to lack of speedy trial only after the time has lapsed, or can the accused assert this right p… |
| 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 |
The following questions are exceptional circumstances that warrants the exercise of the court's discretionafcyvpowers and adequate relief cannot be ob… |
| 22-7106 |
Brian Keith Wells, aka B. K. Wells v. United States |
Sixth Circuit |
2023-03-24 |
Denied |
Response WaivedIFP |
counsel-denial criminal-procedure criminal-sentencing ineffective-assistance procedural-review role-enhancement sentencing sentencing-guidelines sixth-amendment sixth-circuit substantive-reasonableness ussg-3b1.1 |
Whether this honorable Court should grant certiorari to review whether Mr. Wells request for new counsel should have been granted?
Whether this honor… |
| 22-7076 |
Servando Pineda-Valdez v. United States |
Fifth Circuit |
2023-03-23 |
Denied |
Response WaivedIFP |
acceptance-of-responsibility constitutional-claims counsel-performance criminal-procedure guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining sentencing writ-of-certiorari |
Should a writ of certiorari be granted since Servando-Pineda 's title 28 U.S.C. § 2255 motion sufficiently alleged constitutional claims violations du… |
| 22-7084 |
Christopher Daniel Lutker v. Michigan |
Michigan |
2023-03-23 |
Denied |
IFP |
criminal-procedure defendant-rights due-process guilty-plea involuntary-confession knowingly-voluntarily mental-competency plea-bargaining plea-withdrawal sentencing trial-court-discretion |
x, £>lP C-HHT^TOpHEM DAHTTT ZHTHE& KNOWTMZZYj I NTT/LLX&TNTIy AND YOIUNTARILYMADE WHEN
H E WAS 5J3aK AND SOJU-TN&HIMEJTLF ANDPZMZEP
A fiESrACOM uMTL… |
| 22-7070 |
Kenneth Douglas Clark, III v. Pennsylvania |
Pennsylvania |
2023-03-22 |
Denied |
IFP |
6th and 8th Amendment rights by refusing to drop char and allowing a biased jury verdict excluding his self-defense claim constitutional-rights criminal-procedure due-process ineffective-assistance-of-counsel ineffective-counsel jury-bias jury-exclusion prosecutorial-misconduct self-defense sentencing sentencing-guidelines trial-procedure |
1. Is the Commonwealth of Pennsylvania in violation of the Petitioner's 5th and 8th amendment by refusing not to drop all charges against the Petition… |
| 22-7051 |
William Todd Lewallen v. Scott Crow |
Tenth Circuit |
2023-03-21 |
Denied |
IFP |
constitutional-rights criminal-procedure defendant-testimony due-process evidence jury-trial right-to-testify rock-v-arkansas sentencing sentencing-procedure state-evidence-law |
Oklahoma has jury sentencing in all felony cases, and those proceedings may be bifurcated. The Oklahoma Court of Criminal Appeals (the "OCCA") has the… |
| 22-7041 |
Deandre Markee King v. United States |
Eleventh Circuit |
2023-03-20 |
Denied |
Response WaivedIFP |
actual-innocence collateral-attack-waiver constitutional-rule criminal-law criminal-procedure habeas-corpus plea-bargaining retroactivity |
The vast majority of federal criminal cases end in a guilty plea. And in many of those pleas, the defendant promises not to file a future 28 U.S.C. § … |
| 22-7025 |
Kevin Ariel Garcia-Archaga v. United States |
Fifth Circuit |
2023-03-17 |
Denied |
IFP |
almendarez-torres apprendi-v-new-jersey constitutional-interpretation criminal-procedure historical-practices notice-clause prior-conviction-exception sixth-amendment |
Whether the prior-conviction exception from Almendarez-Torres can be squared with the text of the Sixth Amendment's Notice Clause and the historical p… |
| 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 |
1) Whether the introduction of a co-defendant's inculpatory hearsay statements about her alleged co-conspirator, made to law enforcement following a d… |
| 22-7033 |
DeAndre Forrest v. United States |
Sixth Circuit |
2023-03-17 |
Denied |
Response WaivedIFP |
appellate-procedure certificate-of-appealability constitutional-rights criminal-procedure criminal-trial due-process habeas-corpus ineffective-assistance-of-counsel sixth-amendment |
1. Whether Forrest's Sixth Amendment was violated when his counsel conceeded his guilt during trial?
2. Whether the Sixth Circuit Court of Appeals Er… |
| 22-7027 |
Lester Barnett v. North Carolina |
North Carolina |
2023-03-16 |
Denied |
IFP |
10th-amendment 5th-amendment 6th-amendment constitutional-rights criminal-procedure due-process fourteenth-amendment pre-trial-detention sentencing state-prisoner |
The OCR text provided is too degraded and illegible to accurately extract the "Question(s) Presented" section verbatim. While a "QUESTION(S) PRESENTED… |
| 22-7029 |
Roger Keeling v. United States |
Ninth Circuit |
2023-03-16 |
Denied |
Response WaivedIFP |
appellate-review brecht-v-abrahamson criminal-procedure harmless-error kotteakos-v-united-states ninth-circuit non-constitutional-error standard-of-review weighty-evidence |
Did the Ninth Circuit err in concluding that a non-constitutional error was harmless when it found "ample," rather than "weighty," evidence of guilt c… |
| 22-7030 |
John Gabriel Trevino v. United States |
Fifth Circuit |
2023-03-16 |
Denied |
Response WaivedIFP |
appellate-review court-compliance criminal-procedure defendant-rights due-process federal-rule-of-criminal-procedure harmless-error judicial-discretion presentence-report sentencing statutory-interpretation |
Whether non-compliance with Federal Rule of Criminal Procedure 32(i)(1)(A) may be excused where the defendant fails to show that he or she would have … |
| 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 of the Sixth Amendment permits the prosecution in a criminal trial to present testimony by a substitute expert convey… |
| 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… |
| 22-887 |
Rogelio Albino Diaz-Tomas v. North Carolina |
North Carolina |
2023-03-15 |
Denied |
Amici (1)Response RequestedResponse WaivedRelisted (2) |
criminal-procedure defendant-rights due-process indefinite-postponement north-carolina plea-bargaining prosecution-postponement speedy-trial |
In Klopfer v. North Carolina, 386 U.S. 213 (1967), the Court held unconstitutional a practice unique to North Carolina, under which the state indefini… |
| 22-7014 |
Michael Hucks v. United States |
Fourth Circuit |
2023-03-15 |
Denied |
Response WaivedIFP |
alternate-sentence appellate-review armed-career-criminal-act circuit-split constitutional-notice criminal-procedure fourth-circuit guideline-errors harmless-error sentencing-guidelines sentencing-procedure |
I. Whether the United States Court of Appeals for the Fourth Circuit's reliance on an announced alternate variant sentence to assume as harmless all G… |
| 22-7016 |
Guadalupe Onate-Herrera v. United States |
Fifth Circuit |
2023-03-15 |
Denied |
IFP |
burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 22-7022 |
LeAnthony T. Winston v. United States District Court for the Eastern District of Virginia |
Fourth Circuit |
2023-03-15 |
Denied |
Response WaivedIFP |
6th-amendment civil-rights constitutional-challenge criminal-procedure due-process prosecutorial-discretion sixth-amendment speedy-trial state-prosecution trial-in-absentia |
Question not identified. |
| 22-7009 |
Davion Smith v. California |
California |
2023-03-14 |
Denied |
Response WaivedIFP |
adult-sentence criminal-procedure due-process fourteenth-amendment jury-trial juvenile-adjudication juvenile-delinquent sentencing-enhancement sixth-amendment |
I. Does a state violate the Due Process Clause of the Fourteenth Amendment when it denies the right to a jury trial to a juvenile delinquent on the gr… |
| 22-6990 |
Scott Ray Bishop v. United States |
Tenth Circuit |
2023-03-13 |
Denied |
Response WaivedIFP |
circuit-split constitutional-rights criminal-procedure due-process presumption-against-waiver right-to-counsel sixth-amendment waiver |
In Von Moltke v. Gillies, this Court laid out a series of advisements that a defendant must understand before a waiver of the Sixth Amendment right to… |
| 22-6998 |
David Arroyo-Ramon v. United States |
Fifth Circuit |
2023-03-13 |
Denied |
IFP |
criminal-law criminal-procedure due-process judicial-precedent legal-standard precedent-overturning recidivism sentencing stare-decisis statutory-interpretation supreme-court-review |
Whether this Court should overrule its decision in Almendarez-Torres v. United States, 523 U.S. 224 (1998). |
| 22-6999 |
Allen Maki v. Texas |
Texas |
2023-03-13 |
Denied |
Response WaivedRelisted (2)IFP |
appeal criminal-procedure due-process equal-protection evidence-rules judicial-jurisdiction jurisdiction motion-in-limine second-amendment statutory-interpretation texas-criminal-law |
Whether there is a conflict between Tex Criminal Code Art. 44.17 And Tex Gov. Code Sec. 30.00015 (a).(1)
(2) Whether it fair to regard Maki 's gentle… |
| 22-7000 |
Nickless Whitson v. United States |
Sixth Circuit |
2023-03-13 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process effective-assistance effective-assistance-of-counsel ex-post-facto fair-trial prosecutorial-misconduct right-to-counsel sixth-amendment |
I- fj/l/l. UJHTrf^Aj Cd//r£/vX>5 '7'MA'T t/e /<l€C€i-v<~o 7A£Ff£errve.
A5S7 s7AAC f o p CauAJsec Du/txbQ {~pzs 7^/to Afcode^cn&jci xA
OJftecH Vep&z'… |
| 22-6981 |
Thomas R. Alt v. United States |
Seventh Circuit |
2023-03-10 |
Denied |
Response WaivedIFP |
circuit-court-conflict criminal-procedure custodial-interrogation due-process equivocal-invocation miranda-rights right-to-counsel seventh-circuit unequivocal-invocation |
WHETHER A SUSPECT'S QUESTION AS TO THE AVAILABILITY OF
APPOINTED COUNSEL, IN IMMEDIATE RESP |
| 22-6983 |
Bernardino Berrun-Torres v. United States |
Fifth Circuit |
2023-03-10 |
Denied |
IFP |
burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-conviction sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 22-6984 |
Ciaran Paul Redmond v. United States |
Ninth Circuit |
2023-03-10 |
Denied |
Response WaivedIFP |
brady-v-maryland brady-violation criminal-procedure diligence-requirement due-process exculpatory-evidence legal-diligence procedurally-unrelated-case prosecutorial-disclosure unpublished-case |
1. Whether, to establish a violation of Brady v. Maryland, 373 U.S. 83 (1963), a defendant must show that his attorney could not have obtained the und… |
| 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… |
| 22-6986 |
Paulo Bernal-Ceto v. United States |
Fifth Circuit |
2023-03-10 |
Denied |
IFP |
case-law court-of-appeals criminal-procedure due-process judicial-review jury-trial legal-precedent recidivism sentencing Sixth-Amendment supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-6987 |
Dennis J. Brookshire v. Wisconsin |
Wisconsin |
2023-03-10 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process eyewitness-identification fair-trial ineffective-assistance ineffective-assistance-of-counsel out-of-court-identification post-conviction-review |
WAS TRIAL COUNSEL INEFFECTIVE FOR FAILING TO MOVE TO SUPRESS THE OUT OF COURT IDENTIFICATIONS AND DID SUCH IDENTIFICATIONS DENY THE PETITIONER A FAIR … |
| 22-6991 |
Samuel Dickerson v. Ken Scarlett, Chief, Springfield Police Department, Illinois, et al. |
Seventh Circuit |
2023-03-10 |
Denied |
IFP |
14th-amendment civil-procedure civil-rights constitutional-violations criminal-procedure due-process equal-protection police-misconduct standing |
Does it violate the Federal Constitution under the I4th Amendment Due Process and Egual Protection rights described by the Plaintiff in United States … |
| 22-6992 |
Samuel Reaves v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division, et al. |
Fifth Circuit |
2023-03-10 |
Denied |
IFP |
criminal-procedure due-process felony-classification involuntary-plea parole parole-revocation plea-agreement plea-bargaining prison-sentence rehabilitation sentencing street-time |
IS IT LEGAL TO START A PRISON SENTENCE, THEN STOP IT AND THEN RE START IT BY ADDING MORE YEARS?
IS IT LEGAL TO REVOKE STREET TIME ON PAROLE WHEN IT C… |
| 22-6966 |
In Re Antwoyn Terrell Spencer |
|
2023-03-08 |
Dismissed |
Response WaivedRelisted (2)IFP |
appellate-decisis constitutional-rights criminal-procedure due-process due-process-clause final-decisions grand-jury grand-jury-clause indictment jurisdiction statute-of-limitations |
Question not identified. |
| 22-6968 |
Thomas Marmolejos v. United States |
Second Circuit |
2023-03-08 |
Denied |
Response WaivedIFP |
crime-of-violence crimes-of-violence criminal-procedure due-process jury-instruction jury-instructions legal-error predicate-offense section-924(c) section-924(j) sentencing |
Can a section 924(c) and 924(j) charge that alleges multiple predicates stand when one or more of the predicates no longer qualifies as a crime of vio… |
| 22-6970 |
Jeffrey Kesten v. United States |
Tenth Circuit |
2023-03-08 |
Denied |
Response WaivedIFP |
appeal-waiver constitutional-law criminal-procedure due-process judicial-enforcement mens-rea plea-agreement |
(1) Can a court enforce an appeal waiver from a plea agreement when the defendant was not informed of and did not plea to the proper mens rea element … |
| 22-6971 |
Joseph Dingler v. Terry Garrett, Sheriff, Rockwall County, Texas, et al. |
Fifth Circuit |
2023-03-08 |
Denied |
IFP |
civil-procedure civil-rights constitutional-challenge criminal-procedure due-process federal-evidence preservation-rights standing statutory-interpretation takings tax |
Question not identified. |
| 22-6972 |
Deandre Earp v. United States |
Fourth Circuit |
2023-03-08 |
Denied |
Response WaivedIFP |
appellate-review constitutional-rights criminal-procedure due-process eighth-amendment equal-protection fourth-circuit judicial-interpretation mental-illness sentencing |
Whether a General Act violating the Constitution of the United States presents a "question" within the meaning of the Judiciary Act.
Whether the peti… |
| 22-6974 |
Theodore Smith v. Louisiana |
Louisiana |
2023-03-08 |
Denied |
Response WaivedIFP |
2nd-amendment civil-rights collateral-consequences criminal-procedure due-process sex-offender-registration |
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T»w^ b>ojr.
£ea/l a stag b<? gAtussii Ff^/] 1^)1"'
cf cx bam… |
| 22-851 |
United States v. Julian Garcon |
Eleventh Circuit |
2023-03-08 |
Dismissed |
Response RequestedRelisted (2) |
criminal-history criminal-history-points criminal-procedure due-process federal-sentencing federal-sentencing-guidelines jurisdiction safety-valve sentencing sentencing-relief statutory-interpretation |
Whether, in order for a defendant to satisfy the prerequisite for "safety-valve" sentencing relief in 18 U.S.C. 3553(f)(1), a court must find that the… |
| 22-857 |
Paulette H. Foster, et al. v. Michael Wearry |
Fifth Circuit |
2023-03-08 |
Denied |
|
absolute-immunity buckley-v-fitzsimmons civil-rights criminal-procedure due-process functional-approach judicial-phase prosecutorial-immunity section-1983 witness-preparation |
After Respondent's murder conviction was reversed because the prosecution had failed to disclose evidence bearing on the credibility of its witnesses,… |
| 22-6952 |
Brian Duane Brookins v. Georgia |
Georgia |
2023-03-07 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process impartial-jury jury-impartiality right-to-counsel sixth-amendment trial-fairness turner-v-louisiana witness-testimony |
In this Georgia death penalty case, the local Sheriff gave key testimony for the State, detailing his investigation of the crime and arrest of Petitio… |
| 22-6953 |
Curtis Bradley v. United States |
Sixth Circuit |
2023-03-07 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review criminal-law criminal-procedure due-process judicial-discretion sentencing substantive-reasonableness |
Was the sentence imposed on Petitioner substantively reasonable? |
| 22-6916 |
Carlos Mejia-Quintanilla v. United States |
Ninth Circuit |
2023-03-06 |
Denied |
Response WaivedIFP |
appellate-review appellate-waiver constitutional-challenge constitutional-law criminal-conviction criminal-procedure due-process jurisdiction jurisdictional-claim plea-agreement plea-bargaining summary-enforcement |
L. The first question for this Court's review is whether courts can summarily enforce an appellate waiver to bar motions to vacate convictions that ar… |
| 22-6930 |
Robert Earl Hackney v. Michigan |
Michigan |
2023-03-06 |
Denied |
Relisted (2)IFP |
constitutional-violation criminal-procedure cruel-and-unusual-punishment due-process judicial-ethics judicial-misconduct jury-trial standing writ-of-certiorari |
The questions before this Court is asked with impartialities on whether it can be presumed given the facts underlined in this writ, that if a petition… |
| 22-6936 |
Edson Gelin v. United States |
Eleventh Circuit |
2023-03-06 |
Denied |
Response WaivedIFP |
circuit-split compassionate-release criminal-procedure first-step-act ineffective-assistance murder-conviction ninth-circuit sentencing-guidelines sentencing-policy state-court statutory-interpretation |
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of Mo^-'cwvj -fr /wo d rfr^ ^ -f,'osjC (KrC^ ? oC feJrr4-,'0Ki€r /y
of (JfJ *T4-f ^ <*f £b~f)r'g}tWold?ts… |
| 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… |
| 22-835 |
Bradley Hester v. Matthew Gentry |
Eleventh Circuit |
2023-03-03 |
Denied |
Amici (3) |
bail-practices civil-rights criminal-procedure due-process eleventh-circuit pretrial-liberty public-safety standing |
Whether the Due Process Clause protects a fundamental right to pretrial liberty that prevents states from depriving a presumptively innocent person of… |
| 22-839 |
Daniel Greer v. Connecticut |
Connecticut |
2023-03-03 |
Denied |
Response Waived |
constitutional-law criminal-procedure due-process evidence jury-instructions propensity propensity-evidence sex-crimes sexual-misconduct |
Is the Due Process Clause violated when a jury at a sex crimes trial is instructed that evidence of uncharged sexual misconduct "is admissible and may… |
| 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 |
Pre. urstodys, Somedute sheuated on We 20\& order,
The Gimina® Ur Way aod Noring tap Wer Son ¥o
Fates on Quar lb) old, per The 2OIA order
The, Missour… |
| 22-6925 |
Gregory Allen Cook v. United States |
Sixth Circuit |
2023-03-03 |
Denied |
Response WaivedIFP |
armed-career-criminal-act criminal-procedure due-process indictment jury-factfinding sentencing-enhancement sentencing-enhancements sixth-amendment |
May a district court judge properly find, by a preponderance of the evidence, the uncharged, non-elemental fact that a person committed three prior of… |
| 22-6927 |
Derrick Deshon Collins v. United States |
Fifth Circuit |
2023-03-03 |
Denied |
Response WaivedIFP |
appellate-presumption appellate-review certiorari criminal-procedure fifth-circuit presumption-of-reasonableness sentencing-guidelines substantive-reasonableness within-guidelines-sentence |
How does a court of appeals determine whether a defendant has rebutted the presumption of reasonableness when the defendant is challenging the substan… |
| 22-6929 |
Forrest Thomas III v. Brandon M. Smith, Warden |
Fifth Circuit |
2023-03-03 |
Denied |
IFP |
civil-rights constitutional-law criminal-procedure due-process equal-protection habeas-corpus plea-bargaining sentencing sentencing-disparity sex-offender-registration |
Whether a sex offender registry statute, when applied to predators convicted of rape without any sexual motivation to the offense, bears a reasonable … |
| 22-6905 |
Francisco Nunez Carrillo v. Ryan Thornell, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. |
Ninth Circuit |
2023-03-02 |
Denied |
Response WaivedIFP |
appeal constitutional-law criminal-procedure double-jeopardy sentencing statutory-interpretation |
Question not identified. |
| 22-6907 |
Jeremy Jermaine Cumbie v. Texas |
Texas |
2023-03-02 |
Denied |
IFP |
constitutional-rights criminal-procedure cruel-unusual-punishment due-process evidence evidence-outside-record outside-the-record record sentencing trial-court-discretion |
I. WAS MR. CUMBIE DENIED DUE PROCESS OF THE LAW WHEN THE COURT CONSIDERED EVIDENCE OUTSIDE THE RECORD IN ASSESSING THE SENTENCE?
II. DID THE TRIAL CO… |
| 22-6908 |
Eduardo Guadalupe Melendrez-Soberanes v. United States |
Fifth Circuit |
2023-03-02 |
Denied |
Response WaivedIFP |
burden-of-proof case-agent-testimony criminal-procedure drug-quantity drug-trafficking due-process evidence fifth-circuit photographic-evidence sentencing sentencing-guidelines |
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 … |
| 22-6912 |
Michael Wright v. J. Pickett, Warden |
Ninth Circuit |
2023-03-02 |
Denied |
Response WaivedIFP |
certificate-of-appealability constitutional-challenge criminal-procedure due-process evidence-sufficiency federal-court habeas-corpus ineffective-assistance-of-counsel sufficiency-of-evidence |
1. Can the Federal court deny a Certificate of Appealability on the issue of ineffective assistance of counsel for his failure to raise a constitution… |
| 22-6913 |
In Re Robert B. Read, Jr. |
|
2023-03-02 |
Denied |
IFP |
constitutional-law criminal-procedure ex-post-facto habeas-corpus rules-of-evidence sixth-amendment speedy-trial subject-matter-jurisdiction |
1) Did the United States Constitution allow the trial court implied subject-matter jurisdiction to try Petitioner for the indicted Felony One Offense?… |
| 22-6893 |
James Alvin Chaney, aka Ace Chaney v. United States |
Sixth Circuit |
2023-03-01 |
Denied |
Response WaivedIFP |
burden-of-proof court-officers criminal-procedure due-process evidentiary-hearing ex-parte-discussions juror-misconduct jury-instructions united-states-v-ruan unrecorded-ex-parte-discussions |
Number 1:
In light of United States v. Ruan, were the jury instructions in
Chaney incorrect and should Dr. Chaney's conviction be vacated?
Number 2:
… |
| 22-6897 |
Ruben Hernandez-Correa v. United States |
Fifth Circuit |
2023-03-01 |
Denied |
IFP |
alleyne almendarez-torres appellate-procedure apprendi certiorari constitutional-law criminal-procedure due-process judicial-interpretation precedent sentencing supreme-court-review |
Whether this Court should consider the continuing validity of Almendarez-Torres v. United States, 523 U.S. 244 (1998), in light of the reasoning of Ap… |
| 22-6901 |
Brandon L. Johnson v. Illinois |
Illinois |
2023-03-01 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process fifth-amendment fourteenth-amendment illinois-constitution ineffective-assistance ineffective-assistance-of-counsel jury-instructions knowingly-standard seventh-amendment |
1. Whether the State violated the Due Process clause where it induced jurors with an incorrect legal definition of "knowingly", in such a way that rel… |
| 22-827 |
Carlos Herrera, Daniel Sanchez, and Anthony Ray Baca v. United States |
Tenth Circuit |
2023-03-01 |
Denied |
|
commerce-clause constitutional-challenge criminal-procedure federal-rules-of-criminal-procedure jurisdiction jurisdictional-challenge post-trial-motion rule-12 waiver |
Whether, under Federal Rule of Criminal Procedure 12, Petitioners were permitted to bring a facial constitutional challenge to their statute of convic… |
| 22-812 |
Isaac D. Koch v. Nebraska |
Nebraska |
2023-02-28 |
Denied |
|
civil-rights constitutional-rights criminal-procedure due-process free-speech plea-bargaining plea-withdrawal protection-order standing statutory-interpretation |
What is the government's interpretation of an order against all contact and communication and presence?
If the Court agrees that the power of the peo… |
| 22-6877 |
Ramone Wright v. United States |
Sixth Circuit |
2023-02-28 |
Denied |
Response WaivedIFP |
civil-procedure clerk-authority criminal-procedure due-process grand-jury indictment-correction judicial-integrity judicial-process judicial-records prosecutorial-error public-confidence record-amendment |
Does the clerk of court have the authority to correct the Record that was filed under oath and returned by the jurors concerning the indictment?
Does… |
| 22-6878 |
Roger Keith Lunsford v. United States |
Fourth Circuit |
2023-02-28 |
Denied |
Response WaivedIFP |
collateral-attack constitutional-rights criminal-procedure district-court double-jeopardy due-process federal-prosecution habeas-corpus hearing-requirement legal-relief |
IX. Could Whe Stole Violate A Defendants Subshant! Ve
And Procedural Right To Due Recess So
Earegiously That Lt Would Bar A Future Federal,
Rosecution… |
| 22-6880 |
Roosevelt Washington v. Mississippi |
Mississippi |
2023-02-28 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure due-process equal-protection habeas-corpus judicial-review justice-standard legal-interpretation sentencing |
Whether Washington's sentence is illegally imposed as a matter of law and/or in the interest of justice. |
| 22-6882 |
David Byron Russ v. Florida |
Florida |
2023-02-28 |
Denied |
IFP |
capital-defendant capital-punishment criminal-procedure death-penalty due-process federal-courts habeas-corpus mental-competency review-claim state-court state-courts substantive-incompetency |
1. Whether a state court may refuse to review a capital defendant's claim of substantive incompetency? |
| 22-6871 |
Ahmed Khalil v. New York |
New York |
2023-02-27 |
Denied |
Response WaivedIFP |
criminal-procedure double-jeopardy due-process prosecutorial-misconduct sentencing speedy-trial |
I' Ktd Ti-cp&flc 7«e^ i*<&eQJK fitfi'TiVnif-U)ke*-e -fie pYaSsCvT^r osA«u w-
\ahtti tLcr wVTW Wooy <W c^i^<s (xwa/,yer dlibyij
'f'L) cuzfioa J
kofru#… |
| 22-6873 |
Jesus Ivan Dominguez v. United States |
Fifth Circuit |
2023-02-27 |
Denied |
IFP |
Almendarez-Torres case-review criminal-procedure due-process fifth-circuit judicial-precedent jury-trial legal-challenge sentencing Sixth-Amendment supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-6857 |
Cynthia J. Rowe v. Penny J. Roberts, et al. |
Third Circuit |
2023-02-24 |
Denied |
IFP |
administrative-law civil-rights crime-scene criminal-procedure defendant-presence documentary-evidence due-process equal-protection evidentiary-standard jurisdiction standing supreme-court-review |
Question not identified. |
| 22-6858 |
In Re Zumar H. Dubose |
|
2023-02-24 |
Denied |
IFP |
constitutional-law criminal-procedure due-process grand-jury indictment jury-selection personal-jurisdiction sixth-amendment subject-matter-jurisdiction trial-rights |
Question not identified. |
| 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 ERRED BY ADMITTING HEARSAY TESTIMONY OVER THE OBJECTION OF MR. SOLANO?
WAS THIS EVIDENCE ADMITTED IN VIOLATION OF THE CONFRONTATI… |
| 22-6862 |
Benjamin Young v. Alabama |
Alabama |
2023-02-24 |
Denied |
IFP |
capital-trial character-evidence criminal-procedure culpability-phase dawson-v-delaware first-amendment fourteenth-amendment gang-membership sentencing-phase |
Whether, as in the sentencing phase of a capital trial under Dawson v. Delaware, 503 U.S. 159 (1992), the First and Fourteenth Amendment prohibit the … |
| 22-6866 |
Antonio Rosello v. United States |
Eleventh Circuit |
2023-02-24 |
Denied |
Response WaivedIFP |
circuit-split constitutional-vagueness criminal-procedure due-process habeas-corpus procedural-default residual-clause statutory-interpretation vagueness |
Whether Johnson v. United States, 576 U.S. 591 (2015), establishes "cause" to excuse procedurally defaulted 28 U.S.C. § 2255 claims that are predicate… |
| 22-6844 |
Eladio Loya-Palma v. United States |
Fifth Circuit |
2023-02-23 |
Denied |
Response WaivedIFP |
appellate-review circuit-split criminal-procedure judicial-discretion sentencing sentencing-factors sentencing-review standard-of-review substantive-reasonableness |
Whether substantive reasonableness review necessarily requires the court of appeals to reweigh the sentencing factors? |
| 22-6845 |
Jesus Lopez v. United States |
Seventh Circuit |
2023-02-23 |
Denied |
Response WaivedIFP |
appellate-review circuit-split criminal-procedure due-process federal-rules-of-criminal-procedure fifth-amendment judicial-interpretation legal-procedure plea-bargaining rule-11 seventh-circuit |
Whether the Seventh Circuit's stringent application of Rule 11(d)(2)(B) violates due process? |
| 22-6846 |
Christopher L. Corn v. United States |
Eighth Circuit |
2023-02-23 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure invited-error judicial-discretion plain-error sentencing statutory-interpretation statutory-maximum |
Can an appellate court use the invited error doctrine to preclude review of a plainly erroneous sentence that exceeds the statutory maximum sentence a… |
| 22-6849 |
Salvatore Pelullo v. United States |
Third Circuit |
2023-02-23 |
Denied |
Response WaivedIFP |
2nd-amendment bruen-decision civil-rights constitutional-rights criminal-procedure due-process federal-power felon-dispossession second-amendment speedy-trial standing |
1. Whether Congress has the power to dispossess
citizens of their Second Amendment right to keep and
bear arms based on a citizen's non-violent felony… |
| 22-6855 |
Alvin Lee Johnson v. Mississippi |
Mississippi |
2023-02-23 |
Denied |
Response WaivedIFP |
criminal-conviction criminal-procedure due-process indictment-defect ineffective-assistance ineffective-assistance-of-counsel judicial-misconduct prosecutorial-misconduct sufficiency-of-evidence |
WHETHER JOHNSON'S CONVICTION AND SENTENCE DERIVED FROM A DEFECTIVE INDICTMENT NOT BEING PRESENTED, RECEIVED AND FILED IN OPEN COURT?
WHETHER JOHNSON'… |
| 22-798 |
William Michael Crothers v. Wyoming |
Wyoming |
2023-02-23 |
Denied |
Response Waived |
brady-v-maryland brady-violation criminal-procedure due-process exculpatory-evidence impeachment-material prosecutorial-misconduct witness-credibility witness-testimony |
In a criminal case based on disputed eyewitness testimony, is the Constitutional rule set out in Brady v. Maryland and its progeny prejudicially viola… |
| 22-797 |
Marquay Quamaine Sheppard v. United States |
Fourth Circuit |
2023-02-22 |
Denied |
Response Waived |
appeal circuit-court-precedent criminal-appeal criminal-procedure district-court due-process fourth-circuit precedent sentencing supreme-court supreme-court-decisions |
Did the Fourth Circuit err by dismissing the Petitioner's appeal and affirming the 188 month sentence imposed by the trial court, inasmuch as this dec… |
| 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 by: (1) the jury's viewing a witness's refusal to testify; (2) the prosecutor askin… |
| 22-6832 |
James L. Mahaffey v. Oklahoma |
Oklahoma |
2023-02-22 |
Denied |
IFP |
cell-phones criminal-procedure digital-evidence fourth-amendment privacy search-and-seizure |
"The Petitioner respectfully ask "'- When the [Fjramers of the Oklahoma State Constitution, created and enacted Article I. $ 3\ [Unappropriated public… |
| 22-6833 |
James Floyd v. Texas |
Texas |
2023-02-22 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure double-jeopardy due-process evidentiary-hearing goading mistrial trial-rights |
1) Does a goading-style Double Jeopardy violation bar further retrial
even where the trial court had granted a mistrial on anindependent ground?
2) I… |
| 22-6835 |
Deon'te Reed v. United States |
Ninth Circuit |
2023-02-22 |
Denied |
Response WaivedIFP |
924c-conviction brecht-standard conspiracy-liability criminal-procedure drug-trafficking due-process harmless-error jury-instruction jury-instructions robbery-conspiracy stromberg-error |
In applying harmless error review under Brecht, may a federal court disregard the prejudice resulting from Stromberg error, i.e., the jury's considera… |
| 22-6838 |
Demetri D. Beachem, aka Demetrius D. Beachem v. United States |
Seventh Circuit |
2023-02-22 |
Denied |
Response WaivedRelisted (9)IFP |
appeal-waiver criminal-procedure criminal-sentencing due-process ineffective-assistance-of-counsel involuntary-plea miscarriage-of-justice plea-agreement plea-bargaining sentencing-guidelines |
Whether a court can take into account exceptions binding it to accord precedent over objections to a prior court's authority to decide.
Whether a cou… |
| 22-6843 |
Edgar Barrera v. United States |
Ninth Circuit |
2023-02-22 |
Denied |
Response WaivedIFP |
criminal-procedure due-process federal-jurisdiction mandatory-minimum mens-rea non-elemental-facts plea-bargaining preponderance-standard sentencing sentencing-enhancement statutory-interpretation |
1) Whether the Constitution permits a sentencing judge to find non-elemental facts by a preponderance of the evidence and then rely on those facts to … |
| 22-6816 |
Montray Lorenzo Cato v. United States |
Fifth Circuit |
2023-02-21 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment sentencing sixth-amendment statutory-interpretation supervised-release |
Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments? |
| 22-6822 |
Timothy Alan Dunlap v. Idaho |
Idaho |
2023-02-21 |
Denied |
IFP |
brady-disclosure brady-v-maryland criminal-procedure discovery due-process evidence exculpatory-evidence materiality-standard prosecutorial-misconduct |
Whether a defendant's ability to independently obtain exculpatory evidence is relevant to a Brady v. Maryland, 373 U.S. 83 (1963) claim? |
| 22-6823 |
Abraham Conde-Herrera v. United States |
Fifth Circuit |
2023-02-21 |
Denied |
IFP |
case-review constitutional-law criminal-procedure fifth-circuit judicial-precedent recidivism sentencing statutory-interpretation supreme-court-precedent supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-6824 |
Daniel Dietz v. United States |
Ninth Circuit |
2023-02-21 |
Denied |
Response WaivedIFP |
constitutional-review criminal-procedure due-process gall-v-united-states johnson-v-united-states ninth-circuit revocation sentencing supervised-release |
The Ninth Circuit failed to apply this Court's decisions delineating the purpose of supervised release as set forth in Johnson v. United States, 529 U… |
| 22-6826 |
Marcos Juan Martin-Andres v. United States |
Fifth Circuit |
2023-02-21 |
Denied |
IFP |
case-law criminal-procedure due-process fifth-circuit judicial-precedent jury-trial legal-review recidivism sentencing Sixth-Amendment supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-785 |
Theryn Jones v. United States |
Second Circuit |
2023-02-21 |
Denied |
Amici (1)Relisted (2) |
circuit-split criminal-procedure due-process fifth-amendment immunity self-incrimination sixth-amendment witness witness-immunity |
When, if ever, the Due Process Clause of the Fifth Amendment requires vacatur of a criminal conviction based on the government's refusal to seek immun… |
| 22-6810 |
Jason Jarvis v. United States |
Sixth Circuit |
2023-02-17 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-prosecution defendant-rights due-process evidence evidentiary-rules fourth-amendment legal-standing prosecutorial-misconduct search-and-seizure suppressed-evidence |
1) Whether suppressed evidence or evidence not belonging to the defendant can be used against the defendant to prosecute him? |
| 22-6812 |
Ernest Luther Taylor v. United States |
Ninth Circuit |
2023-02-17 |
Denied |
Response WaivedIFP |
appeal court-appointed-counsel criminal-procedure indigent-defendant mental-health mental-illness restitution social-security social-security-disability |
1. Did the District Court err when it ordered defendant Taylor to pay interest on a $7500.00 restitution obligation, where the evidence showed that he… |
| 22-6813 |
Joshua Glowacki v. United States |
Sixth Circuit |
2023-02-17 |
Denied |
Response WaivedIFP |
child-pornography criminal-procedure due-process jury-determination jury-trial probable-cause restitution restitution-order search-warrant sentencing victim-rights |
After Petitioner pled guilty to a child pornography offense the district court awarded restitution of $10,000 to one victim, over Petitioner's objecti… |
| 22-6815 |
David E. Merry v. United States |
Eleventh Circuit |
2023-02-17 |
Denied |
Relisted (7)IFP |
acquitted-conduct constitutional-rights criminal-procedure criminal-sentencing due-process fifth-amendment jury-trial sentencing sixth-amendment |
Whether the Fifth and Sixth Amendments prohibit a federal court from basing (enhancing) a criminal defendant's sentence on conduct for which a jury ha… |
| 22-6803 |
Mario C. Thomas v. United States |
Eighth Circuit |
2023-02-16 |
Denied |
Relisted (2)IFP |
criminal-history criminal-history-points criminal-procedure federal-sentencing mandatory-minimum safety-valve sentencing sentencing-guidelines statutory-interpretation |
Section 3553(f) of Title 18, U.S. Code, is the "safety valve" which can allow a defendant to receive a sentence less than the statutory mandatory mini… |
| 22-6807 |
Antonio McGhee v. Maryland |
Maryland |
2023-02-16 |
Denied |
IFP |
appellate-standard civil-rights constitutional-review criminal-procedure due-process habeas-corpus ineffective-assistance juvenile-justice post-conviction prejudicial-error retroactivity sentencing |
Question not identified. |
| 22-6808 |
Erich Deolax Riker v. United States |
Tenth Circuit |
2023-02-16 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fact-finding federal-sentencing jury-finding jury-trial sentencing sentencing-guidelines substantive-reasonableness |
Whether a factual finding that is necessary to render a federal sentence substantively reasonable must be found by a jury beyond a reasonable doubt. |
| 22-6809 |
Mohamed Ibrahim Ahmed v. United States |
Fifth Circuit |
2023-02-16 |
Denied |
Response WaivedIFP |
404(b)-standard appeal appellate-review criminal-procedure due-process evidence evidence-rule evidentiary-issues evidentiary-test judicial-interpretation legal-uniformity rule-404(b) |
Is an updated, clear, and uniform test needed for the most common evidentiary issue presented on appeal, Rule 404(b) related issues? |
| 22-6789 |
Juan Francisco Turcios v. Texas |
Texas |
2023-02-15 |
Denied |
IFP |
compensation criminal-procedure due-process illegal-confinement judicial-discretion judicial-misconduct plea-agreement plea-bargain sentencing sentencing-error |
(1) On A April 9,2012 after all parties approved and signed
the plea bargain agreement documents ,and Hon.Judge Teresa
Hawthorne approved and. accep… |
| 22-6793 |
Robert Loya, Jr. v. United States |
Fifth Circuit |
2023-02-15 |
Denied |
Response WaivedIFP |
criminal-law criminal-procedure drug-possession drug-trafficking evidence felon-in-possession gang-affiliation intent-to-distribute sentencing sufficiency-of-evidence |
I. Is there insufficient evidence to warrant a finding of guilty for Count 1: possessing with intent to distribute methamphetamine over 50 grams and C… |
| 22-6794 |
Anthony Suggs v. Tim McConahay, Warden |
Sixth Circuit |
2023-02-15 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure due-process evidence-sufficiency habeas-corpus legal-jurisdiction sentencing sixth-amendment standing |
WHY IS MR. OBEGS BEEN DENIES RELIEF ENENMIOUGH THE CONVICTIONS FOR KIESARRIN® BE NOT HAVE HE ESSENTIAL ELEMENTS TO SO?PORE 17 ¢ FIND ATERSON GOUTY BEF… |
| 22-6795 |
Jacobo Rozo Posso v. United States |
Fourth Circuit |
2023-02-15 |
Denied |
Response WaivedIFP |
constitutional-rights counsel-performance criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel legal-malpractice notice-of-appeal post-conviction-relief procedural-default right-to-appeal |
1. WHETHER COUNSEL WAS INEFFECTIVE WHEN HE FAILED TO FILE THE
NOTICE OF APPEAL WHEN REQUESTED. |
| 22-6778 |
Mi-in-gun Justin Charette, aka Justin Marshall Critt v. Minnesota |
Minnesota |
2023-02-14 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
criminal-procedure custodial-interrogation custodial-questioning fifth-amendment miranda-rights miranda-v-arizona right-to-counsel self-incrimination suspect-rights |
Whether the prophylactic rules announced in Miranda v. Arizona, 384 U.S. 436 (1966), which protect the Fifth Amendment right against self-incriminatio… |
| 22-6782 |
Richard Leon Wilbern v. United States |
Second Circuit |
2023-02-14 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
5th-amendment appellate-standard constitutional-review criminal-procedure due-process fifth-amendment standard-of-review witness-identification wrongful-convictions |
Witness misidentifications are a leading cause of wrongful convictions. The Fifth Amendment's Due Process Clause thus requires trial courts to exclude… |
| 22-6764 |
Michael Ray Davis v. United States |
Eighth Circuit |
2023-02-13 |
Denied |
Response WaivedIFP |
case-law constitutional-interpretation criminal-procedure ineffective-assistance ineffective-assistance-of-counsel judicial-review lafler-v-cooper overruling padilla-v-kentucky statutory-interpretation supreme-court-precedent |
1. Whether United States v. Granados , 168 F.3d 343 (8th Cir. 1999), Has Been Overruled by Padilla v. Kentucky , 559 U.S. 356 (2010), and Lafler v. Co… |
| 22-6766 |
Michael A. Weis v. Illinois |
Illinois |
2023-02-13 |
Denied |
IFP |
cell-phone cell-phone-privacy civil-rights criminal-procedure due-process fourth-amendment search-and-seizure warrantless-search |
Petitioner's Fourth Amendment
I. Did the Illinois courts violate
Right to be free from illegal search and seizore when the
police seized his cl phone … |
| 22-6747 |
Jimmy Wayne Guinard v. Kris Mayes, Attorney General of Arizona, et al. |
Ninth Circuit |
2023-02-10 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure due-process evidence-suppression fair-trial jury-instructions prosecutorial-misconduct sentencing vouching |
The jury, whern he has never had charges of that nature and
was charged with drug offerses. violate petotioner's uis.c.lothand 14th
Amendment rights t… |
| 22-6749 |
Robert L. Harrington v. James Corrigan, Warden |
Michigan |
2023-02-10 |
Denied |
IFP |
arbitrary-prosecution civil-rights constitutional-rights criminal-procedure due-process jurisdiction prosecution standing trial-judgment |
1. MICH4SAM C£SA5ANt?J0K ©F TRIALS JIMt&MENT KitT^MT OlSTfttiC.T C3?* £.mOO!/£R ®f AMY eH&ft&E a&Ky HI£H.£ITIZ£US OF COLfSfiriaf PKOtl&% RIGim^F JW .4… |
| 22-6750 |
Pascual Agustin-Basilio v. United States |
Fifth Circuit |
2023-02-10 |
Denied |
Response WaivedIFP |
case-review criminal-procedure due-process fifth-circuit judicial-precedent legal-procedure sentencing sixth-amendment stare-decisis supreme-court supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-6754 |
In Re Walter Drummond |
|
2023-02-10 |
Denied |
IFP |
civil-procedure civil-rights constitutional-law criminal-procedure due-process standing |
Question not identified. |
| 22-6755 |
Lecedric Prentice Harris v. Florida |
Florida |
2023-02-10 |
Denied |
Response WaivedIFP |
case-specific-justification constitutional-law constitutional-requirement courtroom-closure criminal-procedure judicial-discretion public-trial-clause split-of-authority statutory-interpretation |
Whether the state court correctly held — in conflict with
holdings of this Court, the supreme courts of other states, and
federal courts of appeal — t… |
| 22-6761 |
Joshua David Lambert v. Washington |
Washington |
2023-02-10 |
Denied |
IFP |
civil-procedure copyright-law criminal-procedure damages due-process jurisdiction legal-notice right-to-counsel sentencing statutory-interpretation waiver-of-counsel |
I. Ca Coun\el 'ho
5ofN£ cbyrjgj- r\c>i ciU dk&iryes,
(\V\\ ~vk^ U/a\v/e«r- 5+\\^K
0L, W ~VL<l cle/fr\d«iK-fK
1-5 ASf appr/tej
0f~ oA^ CKai/Ti eS Q^c… |
| 22-6736 |
Justin D. Martin v. United States |
Sixth Circuit |
2023-02-09 |
Denied |
Relisted (8)IFP |
acquittal criminal-procedure criminal-sentencing double-jeopardy due-process fifth-amendment judicial-discretion jury-acquittal jury-trial sentencing sixth-amendment |
Whether the Fifth and Sixth Amendments prohibit a federal court from basing a criminal defendant's sentence on conduct for which a jury has acquitted … |
| 22-750 |
Nathan D. Crisp v. Georgia, et al. |
Eleventh Circuit |
2023-02-09 |
Denied |
Response Waived |
criminal-procedure due-process first-offender forgery jury-trial perjury void-judgment |
Can the State of Georgia use a perjury and forgery guilty plea and perjury First Offender to bypass Petitioner Sgt. Crisp's jury trial and due process… |
| 22-6726 |
Terrence Lowell Hyman v. Eddie M. Buffaloe, Secretary, North Carolina Department of Public Safety |
Fourth Circuit |
2023-02-08 |
Denied |
Response WaivedIFP |
capital-murder-trial constitutional-violation criminal-defense criminal-procedure due-process falsified-evidence habeas-corpus ineffective-assistance ineffective-assistance-of-counsel strickland-standard strickland-v-washington |
1. Whether a criminal defense lawyer renders ineffective assistance of counsel under this Court's holding in Strickland v. Washington when she intenti… |
| 22-6730 |
Pabeel Narvaez-Gomez v. United States |
Fifth Circuit |
2023-02-08 |
Denied |
IFP |
constitutional-law criminal-law criminal-procedure due-process judicial-review precedent precedent-analysis sentencing statutory-interpretation supreme-court supreme-court-review |
Whether this Court should consider the continuing validity of Almendarez-Torres U. United States, 523 U.S. 244 (1998), in light of the reasoning of Ap… |
| 22-6732 |
David Alvarado-Rios v. United States |
Fifth Circuit |
2023-02-08 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure federal-sentencing judicial-discretion presumption-of-reasonableness rita-v-united-states sentencing sentencing-guidelines standard-of-review substantive-reasonableness |
How does a defendant who challenges the substantive reasonableness of a within-Guidelines sentence rebut an appellate presumption of reasonableness of… |
| 22-6706 |
Darin M. Ogden v. Idaho |
Idaho |
2023-02-07 |
Denied |
Response WaivedIFP |
acquittal criminal-procedure criminal-sentencing double-jeopardy due-process fourteenth-amendment jury-acquittal lewd-conduct sentencing united-states-v-watts |
Whether the due process clause of the Fourteenth Amendment prohibits a state court from basing a criminal defendant's sentence on conduct for which a … |
| 22-6716 |
Conrado Olivo-Duron v. United States |
Fifth Circuit |
2023-02-07 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a
defendant's statutory maximum must be pleaded in the indictment and either
… |
| 22-6721 |
Jeffery T. Crystal v. Florida |
Florida |
2023-02-07 |
Denied |
IFP |
constitutional-rights criminal-charges criminal-procedure double-jeopardy due-process ex-post-facto jury-determination jury-trial sixth-amendment supremacy-clause trial-procedure verdict-form |
Did the "verdict form " agreed upon by the jury failure to specify I.
"GUILTY " as to Count 1 violate 6th Amendment right to a jury
determination of G… |
| 22-6724 |
In Re Christopher Cobb |
|
2023-02-07 |
Denied |
IFP |
collateral-review criminal-law criminal-procedure due-process habeas-corpus precedent retroactivity supreme-court-precedent |
1) Whether Hemphill v New York, 595 US be declared retroactive to cases on collateral review., 142 S.Ct. 681, 211 L Ed. 2d 534 (2022) should |
| 22-6702 |
Jason Boyet v. United States |
Fifth Circuit |
2023-02-06 |
Denied |
Response WaivedIFP |
appeal-waiver contract-law criminal-defendant criminal-procedure defendant-rights due-process plea-agreement sentencing-error sentencing-errors waiver-enforceability |
Can a criminal defendant knowingly and voluntarily forfeit his right to appeal
the district court's yet-to-be-made sentencing errors as part of his pl… |
| 22-6704 |
Angel Vazquez-Figueroa v. United States |
First Circuit |
2023-02-06 |
Denied |
Response WaivedIFP |
abuse-of-discretion criminal-procedure individualized-assessment judicial-discretion plain-error plain-error-review plea-agreement section-3553a-factors sentencing sentencing-discretion |
Question not identified. |
| 22-6699 |
Marquita Leigh Meredith v. United States |
Fourth Circuit |
2023-02-03 |
Denied |
Response WaivedIFP |
compassionate-release criminal-procedure district-court federal-sentencing policy-statement sentencing statutory-interpretation |
The questions presented here is whether 2007 statement is an "applicable" policy Statement that binds a district court when deciding whether to grant … |
| 22-727 |
Izzac Christopher Weister v. West Virginia |
West Virginia |
2023-02-03 |
Denied |
Response Waived |
competency-law constitutional-vagueness criminal-procedure due-process mental-competency psychiatric-custody statutory-interpretation vagueness violence violence-definition west-virginia |
1. Izzac Weister was criminally charged with sexual offenses as a result of electronic messages that he sent to his half sister. The trial court found… |
| 22-721 |
Damian McElrath v. Georgia |
Georgia |
2023-02-02 |
Judgment Issued |
Amici (5)Relisted (7) |
acquittal criminal-procedure criminal-prosecution double-jeopardy fifth-amendment jury-verdict prosecution repugnant-verdict repugnant-verdicts |
The Georgia Supreme Court held that a jury's verdict of acquittal on one criminal charge and its verdict of guilty on a different criminal charge aris… |
| 22-6669 |
Kenneth H. Newkirk v. Harold W. Clarke, Director, Virginia Department of Corrections |
Fourth Circuit |
2023-02-01 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure due-process free-speech habeas-corpus judicial-review pro-se-petition procedural-deficiency standing takings va-code-19.2-271 |
Question not identified. |
| 22-6671 |
Rodney P. Mazzulla v. United States |
Eighth Circuit |
2023-02-01 |
Denied |
Response WaivedIFP |
appellate-counsel appellate-procedure criminal-procedure due-process franks-hearing Franks-v-Delaware ineffective-assistance reasonable-performance search-warrant Strickland-v-Washington |
I. Does trial counsel render ineffective assistance when counsel fails to request a mid-trial Franks v. Delaware, 438 U.S. 154 (1978) hearing when the… |
| 22-6681 |
Shane Swindall Chambers v. Fredeane Artis, Acting Warden |
Sixth Circuit |
2023-02-01 |
Denied |
Response WaivedIFP |
actus-reus constitutional-rights criminal-procedure due-process evidence jury-instructions mens-rea modus-operandi other-acts-evidence trial-court |
WHETHER PETITIONER WAS DEPRIVED OF HIS LIBERTY WITHOUT FIRST THE DUE PROCESS OF LAW WHERE A FALSE MODUS OPERANDI REQUIRED TO ADMIT OTHER ACTS EVIDENCE… |
| 22-6684 |
In Re Fox Joseph Salerno |
|
2023-02-01 |
Dismissed |
IFP |
certificate-of-appealability civil-procedure constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance jurisdiction post-conviction-relief standing |
Question not identified. |
| 22-6665 |
Orlando Cortez-Nieto and Jesus Cervantes-Aguilar v. United States |
Tenth Circuit |
2023-01-31 |
Denied |
IFP |
criminal-procedure double-jeopardy due-process judicial-discretion jury-instructions lesser-included-offenses post-trial-convictions sua-sponte |
May a court sua sponte enter post-trial convictions on lesser-included offenses that the jury had no authority to return? |
| 22-6666 |
Leonel Ruiz-Lopez v. United States |
Sixth Circuit |
2023-01-31 |
Denied |
Response WaivedIFP |
criminal-law criminal-procedure federal-statute hughey-v-united-states legal-definition restitution sentencing-guidelines statutory-interpretation title-18 victim-and-witness-protection-act victim-restitution |
The Victim and Witness Protection Act, 18 U.S.C. § 3663 ("VWPA"), permits a district court to order restitution to victims of an offense under Title 1… |
| 22-6668 |
Aaron Lyons v. Brian Ladner, Warden |
Fifth Circuit |
2023-01-31 |
Denied |
Response WaivedRelisted (2)IFP |
certificate-of-appealability civil-rights criminal-procedure dna-evidence due-process evidence fifth-circuit ineffective-assistance-of-counsel ineffective-counsel insufficient-evidence prosecutorial-misconduct standing |
1. Petitionee has presented that key state witness 10:45 using cellphone while testifying against petitioner at trial. Petitioner was convicted solely… |
| 22-710 |
James D. Pieron, Jr. v. United States |
Sixth Circuit |
2023-01-31 |
Denied |
|
chapman-v-california circuit-split constitutional-error criminal-procedure due-process harmless-error jury-instructions sixth-circuit statute-of-limitations |
I. Whether the Sixth Circuit's ruling merits
summary reversal where the court found constitutional error but deemed it harmless under the far less
sea… |
| 22-706 |
Timothy Howard Spriggs v. United States |
Eleventh Circuit |
2023-01-30 |
Denied |
Response Waived |
constitutional-rights criminal-procedure fourth-amendment ineffective-assistance private-property residence rv search sentencing-guidelines utilities warrantless-search |
1. Whether the Fourth Amendment permits the
warrantless search of an immobile RV, i.e., one that is
attached to usual residential utilities such as se… |
| 22-6655 |
Theodore Washington v. Ryan Thornell, Director, Arizona Department of Corrections, Rehabilitation and Reentry |
Ninth Circuit |
2023-01-30 |
Denied |
Amici (1)IFP |
criminal-procedure deference due-process fact-finding federal-court federal-habeas habeas habeas-corpus judicial-deference procedural-review state-court state-court-findings |
Must a federal habeas court defer to a state-court finding of fact that favors the defendant? |
| 22-6656 |
Randy Lee Stapleton v. United States |
Ninth Circuit |
2023-01-30 |
Denied |
Response WaivedIFP |
appellate-waiver circuit-split constitutional-rights criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel miscarriage-of-justice motion-to-withdraw |
After learning of the objective evidence (body camera video footage) documenting an unlawful warrantless search and seizure, the defendant moved to wi… |
| 22-6658 |
Wade Bonk v. United States |
Seventh Circuit |
2023-01-30 |
Denied |
Response WaivedIFP |
appeal circuit-court-ruling conviction criminal-procedure due-process judicial-discretion leadership-role retroactive-application retroactivity sentencing sentencing-enhancement |
Did the District Court err by refusing to apply the Seventh Circuit's ruling in U.S. v. Carnell retroactively since Petitioner's conviction was not fi… |
| 22-6636 |
Mostafa Kamel Mostafa v. United States |
Second Circuit |
2023-01-27 |
Denied |
Response WaivedIFP |
criminal-procedure defense-counsel federal-rules-of-criminal-procedure ineffective-assistance ineffective-assistance-of-counsel newly-discovered-evidence post-trial-motion rule-33 |
1. Whether a claim of ineffective assistance of counsel may be raised under Rule 33(b)(1) of the Federal Rules of Criminal Procedure?
2. Whether the … |
| 22-6644 |
Sayantan Ghose v. Texas |
Texas |
2023-01-27 |
Denied |
Relisted (2)IFP |
citizens-arrest civil-rights criminal-procedure due-process standing void-for-vagueness |
Will the U.S. Supreme Court review and recommend a more SENSIBLE and SAFER Citizen's Arrest Protocol by Aspiring Law Professor and Missionary Ghose (m… |
| 22-6651 |
Michael Vanous v. United States |
Fifth Circuit |
2023-01-27 |
Denied |
Response WaivedIFP |
criminal-procedure guidelines ineffective-assistance judicial-discretion jury pretrial-proceedings sentencing sentencing-guidelines sixth-amendment |
Question 1: Was defense counsel ineffective in the pretrial proceedings?
Question 2: Was it a violation of the Sixth Amendment to sentence outside th… |
| 22-6627 |
Kenneth Mobley v. United States |
Sixth Circuit |
2023-01-26 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure district-court-jurisdiction due-process jurisdiction loss-calculation restitution restitution-order sentencing-guidelines sentencing-reasonableness substantive-reasonableness |
Was Mr. Mobley's sentence procedurally and substantively unreasonable as it was calculated on an excessive amount of loss unjustified by the facts of … |
| 22-6628 |
Johnell Lewis Britton, Sr. v. United States |
Fifth Circuit |
2023-01-26 |
Denied |
Response WaivedIFP |
appellate-review circuit-split criminal-procedure fact-specific-reasons federal-sentencing judicial-discretion non-guidelines-sentences procedural-error reasonableness-standard sentencing sentencing-guidelines |
Whether district courts are required to articulate fact-specific reasons for imposing non-guidelines sentences? |
| 22-6637 |
Roberto Francisco-Francisco v. United States |
Fifth Circuit |
2023-01-26 |
Denied |
Response WaivedIFP |
appellate-procedure case-review constitutional-law criminal-procedure criminal-sentencing due-process fifth-circuit judicial-precedent statutory-interpretation supreme-court-precedent supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-6642 |
Leihinahina Sullivan v. Federal Bureau of Prisons, et al. |
Ninth Circuit |
2023-01-26 |
Dismissed |
Response WaivedIFP |
criminal-procedure due-process fair-trial jury-selection public-trial sixth-amendment |
Question not identified. |
| 22-700 |
Mark Howerton v. Texas |
Texas |
2023-01-26 |
Denied |
|
criminal-procedure double-jeopardy due-process fifth-amendment intent judicial-discretion mistrial oregon-v-kennedy prosecutorial-misconduct |
This Court has long held that a mistrial declared in the face of manifest necessity does not generally prohibit a retrial under the Fifth Amendment. W… |
| 22-6624 |
Daniel Ray Loyd v. Neil McDowell, Warden |
Ninth Circuit |
2023-01-25 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process felony-murder felony-murder-rule ineffective-assistance ineffective-assistance-of-counsel jury-instructions prejudice right-to-counsel state-law-error |
Question not identified. |
| 22-6612 |
Teri Bernard Johnson v. Randee Rewerts, Warden |
Sixth Circuit |
2023-01-24 |
Denied |
Response WaivedIFP |
capital-murder civil-rights courtroom-access criminal-procedure due-process evidence-admissibility habeas-corpus ineffective-assistance mitigating-evidence public-trial right-to-counsel sentencing-phase |
Question not identified. |
| 22-6613 |
Robert Nathaniel Brown v. Florida |
Florida |
2023-01-24 |
Denied |
IFP |
criminal-procedure due-process federal-habeas-review habeas-corpus ineffective-assistance ineffective-assistance-of-counsel post-conviction-relief sixth-amendment standard-of-review state-court-decisions Strickland-v-Washington |
Whether the state appel late court in this case misappl ied thi s Court's holding
in Harrington v. Richter , 562 U .S. 86 (2011). |
| 22-6614 |
Omar Kashaka Taylor v. United States |
Eighth Circuit |
2023-01-24 |
Denied |
Response WaivedIFP |
ambiguous-term criminal-procedure criminal-statute due-process jury-instruction legal-principles statutory-interpretation Whether a jury instruction effectively directing a |
1) Whether an overly broad interpretation of an ambiguous term in a criminal statute carrying severe penalties complies with established principles of… |
| 22-6615 |
Robert Jim v. United States |
Ninth Circuit |
2023-01-24 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process evidence-admissibility evidence-presentation fair-trial improper-evidence reasonable-doubt sentencing trial-fairness |
I. Whether The Court Violated Jim's Constitutional Rights To Due Process & A Fair Trial By Allowing Improper Evidence & Preventing Him From Presenting… |
| 22-6617 |
Winsloe Duhaney v. United States |
District of Columbia |
2023-01-24 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure double-jeopardy implied-acquittal statutory-interpretation sufficiency-of-evidence |
After a defendant on appeal challenges the sufficiency of the evidence under the subsection of the criminal statute under which he was convicted, and,… |
| 22-6619 |
Reginald L. Dunahue v. Dexter Payne, Director, Arkansas Division of Correction, et al. |
Eighth Circuit |
2023-01-24 |
Denied |
Response WaivedIFP |
appeals civil-rights criminal-procedure due-process habeas-corpus sentencing |
Question not identified. |
| 22-6621 |
Jason Sewell v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-01-24 |
Denied |
IFP |
certificate-of-appealability criminal-procedure denial-of-petition due-process habeas-corpus non-frivolous-claims petition-denial texas-law |
1) Was Petitioner entitled to a certificate of appealability on four claims following the denial of his petition, where each issue presented non-frivo… |
| 22-6592 |
James Stacey Harber v. United States |
Fifth Circuit |
2023-01-23 |
Denied |
Response WaivedIFP |
certificate-of-appealability criminal-procedure due-process effective-assistance-of-counsel habeas-corpus ineffective-assistance plea-bargaining section-2255 sentencing |
1. Was Mr. Harber denied the effective assistance of counsel at the plea and sentencing phase of trial?
2. Did the district court err by denying Mr. … |
| 22-6595 |
Solita Harrington v. MedStar Washington Hospital Center, et al. |
District of Columbia |
2023-01-23 |
Denied |
Response WaivedIFP |
attorney-client-privilege civil-rights constitutional-review criminal-procedure due-process free-speech habeas-corpus ineffective-assistance medical-malpractice ninth-circuit standing state-court |
Is Medstar Washington Center Hospital and their attorney going to say that petitioner is not about having ovarian cancer and the respondent mis-diagno… |
| 22-6600 |
Eric Banks v. United States |
Ninth Circuit |
2023-01-23 |
Denied |
IFP |
circuit-split criminal-law criminal-procedure due-process federal-jurisdiction federal-prison jurisdictional-requirements statutory-interpretation territorial-jurisdiction |
Several federal criminal statutes only apply within the United States's "special maritime and territorial jurisdiction," including the assault statute… |
| 22-6601 |
Rick Benavides v. United States |
Fifth Circuit |
2023-01-23 |
Denied |
Response WaivedIFP |
criminal-defense criminal-procedure due-process entrapment evidence-admissibility government-inducement law-enforcement-conduct predisposition social-media |
Petitioner was subjected to a pervasive inducement campaign by government agents using social media and texts to his personal phone. The question pres… |
| 22-6602 |
Matthew C. Eisenmann v. United States |
Eighth Circuit |
2023-01-23 |
Denied |
Response WaivedIFP |
civil-rights compassionate-release criminal-procedure due-process first-step-act sentencing |
Question not identified. |
| 22-6603 |
Miguel Angel Valencia-Sandoval v. United States |
Fifth Circuit |
2023-01-23 |
Denied |
Response WaivedIFP |
alleyne almendarez-torres appellate-procedure apprendi constitutional-law criminal-law criminal-procedure due-process judicial-interpretation precedent-interpretation sentencing supreme-court-review |
Whether this Court should consider the continuing validity of Almendarez- Torres v. United States, 523 U.S. 244 (1998) , in light of the reasoning of … |
| 22-6606 |
Henry Zabala-Zorilla v. Joseph Terra, Superintendent, State Correctional Institution at Phoenix, et al. |
Third Circuit |
2023-01-23 |
Denied |
Response WaivedIFP |
allen-charge civil-rights criminal-procedure due-process equal-protection fourteenth-amendment ineffective-assistance-of-counsel jury-instruction reversible-error supplemental-instruction |
Does the Fourteenth Amendment equal protection laws require a state judge be found to commit reversible error to give a supplemental charge - or an "A… |
| 22-6586 |
Reginald Daushawn Earl Tate v. United States |
Fourth Circuit |
2023-01-20 |
Denied |
Response WaivedIFP |
brandishing criminal-procedure firearm-brandishing fourth-circuit hobbs-act rule-11 sentencing statutory-interpretation |
Whether the United States Court of Appeals properly affirmed the trial court's improper sentencing of the defendant pursuant to 18 U.S.C. §924(c)(1)(A… |
| 22-667 |
Chen Bing v. Joseph R. Biden, Jr., President of the United States, et al. |
Fourth Circuit |
2023-01-20 |
Denied |
Response WaivedRelisted (2) |
civil-rights constitutional-rights criminal-procedure due-process executive-authority free-speech genocide-determination human-rights-violations international-law judicial-review standing |
(1) . were there genocide, crimes against humanity and forced labor in Xinjiang ? Is there sufficient evidence to support it? Does the Secretary of St… |
| 22-6568 |
Duraid Hussein v. United States |
Ninth Circuit |
2023-01-19 |
Denied |
Response WaivedIFP |
apprendi-v-new-jersey circuit-precedent criminal-law criminal-procedure due-process equal-protection procedural-due-process rehaif-v-united-states sixth-amendment stare-decisis statutory-interpretation |
1. In Rehaif v. United States , 139 S. Ct. 2191 (2019), this Court clarified that the word knowingly under 18 U.S.C. § 922(g) applies to both defendan… |
| 22-6571 |
Marcus Wayne Covington v. United States |
Fourth Circuit |
2023-01-19 |
Denied |
Response WaivedIFP |
bond-hearing civil-rights constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel public-defender sentencing-guidelines sentencing-report standing |
1. Was Public Defender Robert Brodsky ineffective by assisting defendant to enter a plea without using improperly calculated Sentencing Guidelines pol… |
| 22-6576 |
Phillip Tarver v. Keisha Fisher, Administrator, South Woods State Prison, et al. |
Third Circuit |
2023-01-19 |
Denied |
IFP |
civil-rights constitutional-law constitutional-rights criminal-procedure double-jeopardy due-process fourteenth-amendment sixth-amendment trial-by-jury |
UNDER THE FIFTH, SIXTH AND FOURTEENTH AMENDMENTS WAS THE PETITIONER DEPRIVED OF HIS DUE PROCESS RIGHT TO TRIAL BY JURY AND HIS RIGHT NOT TO BE PUT IN … |
| 22-6581 |
John Krasley v. United States |
Third Circuit |
2023-01-19 |
Denied |
Response WaivedIFP |
admissibility-standard circuit-split criminal-procedure defendant's-other-bad-acts evidence-rule federal-rules-of-evidence propensity-evidence rule-404(b) third-party-acts |
The Third Circuit, deepening a mature circuit split regarding the scope of Federal Rule of Evidence 404(b), and its prohibition against propensity evi… |
| 22-6553 |
Esau Ferdinand v. United States |
Ninth Circuit |
2023-01-18 |
Denied |
Response WaivedIFP |
18-usc-1962(d) criminal-procedure enterprise-affairs enterprise-liability federal-rule-criminal-procedure-14(a) joint-trial personal-participation prosecutorial-discretion rico-conspiracy severance |
I. For RICO conspiracy liability under 18 U.S.C. § 1962(d), must the
defendant agree to personally further the enterprise's affairs, rather than merel… |
| 22-6555 |
Steven Charles Hill v. Texas |
Texas |
2023-01-18 |
Denied |
IFP |
criminal-procedure criminal-sentencing cruel-and-unusual-punishment cruel-unusual-punishment due-process evidence-sufficiency jury-verdict life-sentence proportionality sentencing sufficiency-of-evidence |
IS THE EVIDENCE SUFFICIENT TO SUSTAIN THE JURY'S GUILTY VERDICT?
WAS THE LIFE SENTENCE IMPOSED ON MR. HILL GROSSLY DISPROPORTIONATE? DOES THE LIFE SE… |
| 22-6556 |
Lawrence Anderson Fonseca, fka Lawrence Anderson Fonseca-Garcia v. United States |
First Circuit |
2023-01-18 |
Denied |
Response WaivedIFP |
criminal-procedure foreign-national guilty-plea innocence new-evidence plea-bargaining plea-withdrawal post-conviction-relief subject-matter-jurisdiction |
1. Whether Fonseca should be allowed to withdraw his guilty plea in light of new evidence supporting his claim of innocence.
2. Whether the district … |
| 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 |
By what standard of proof does the Sixth Amendment permit the admission at trial of prior testimonial statements under the forfeiture by wrongdoing ex… |
| 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 |
1. Shortly after the murder of Jelvon Helton, which petitioner was convicted of, witness Tierra Lewis went to the police, circled codefendant Esau Fer… |
| 22-6566 |
Rodney R. Ellis v. Florida |
Florida |
2023-01-18 |
Denied |
Response WaivedIFP |
apprendi-doctrine apprendi-v-new-jersey criminal-procedure jury-clause jury-trial prior-record-exception sentencing sentencing-enhancement sixth-amendment |
Whether a sentencing court violates the Sixth Amendment's Jury Clause when the sentencing court —rather than the jury —finds that the defendant commit… |
| 22-653 |
Melvin Ray v. United States |
Fifth Circuit |
2023-01-17 |
Denied |
Response Waived |
abduction abduction-definition circuit-split criminal-procedure different-location guideline-commentary judicial-interpretation sentencing-guidelines stinson-v-united-states |
Under § 2B3.1(b)(4)(A) of the United States Sentencing Guidelines ("U.S.S.G "), a four- level increase applies to a defendant 's offense level, " if a… |
| 22-6543 |
Miguel Angel Mota v. United States |
Ninth Circuit |
2023-01-17 |
Denied |
Response WaivedRelisted (2)IFP |
circuit-split criminal-procedure federal-rules-of-criminal-procedure harmless-error presentence-report rule-32 structural-error |
Did the Ninth Circuit's disposition of Petitioner's claim under Rule 32(i)(1)(A) of the Federal Rules of Criminal Procedure conflict with the Sixth Ci… |
| 22-6545 |
Kamil Hakeem Johnson v. R. M. Wolfe, Warden |
Fourth Circuit |
2023-01-17 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-sentencing due-process habeas-corpus jurisdiction jurisdictional-challenge sentencing-discretion sentencing-options statutory-interpretation |
THE DISTRICT COURT WAS WITHOUT JURISDICTION TO IMPOSE A "TERM OF YEARS" SENTENCE WHEN THE STATUTE CONTAINED ONLY TWO SENTENCING OPTIONS, DEATH, OR LIF… |
| 22-6547 |
Kashai Jones v. Illinois |
Illinois |
2023-01-17 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure due-process illinois-supreme-court judicial-discretion jury-instructions jury-selection legal-principles plain-error trial-court wainwright-v-witt |
1) Illinois Supreme Court Rule 451 requires the West court and accepts' certain principles which are at the heart of certain oral accepts' certain pri… |
| 22-6532 |
Alfred E. Caraffa, aka Alfred Erik Caraffa v. Joseph R. Biden, Jr., President of the United States, et al. |
Ninth Circuit |
2023-01-13 |
Dismissed |
Response WaivedIFP |
civil-rights constitutional-law constitutional-review criminal-procedure due-process equal-protection federal-rules habeas-corpus state-jurisdiction supreme-court-jurisdiction |
1) A writ corpus (ANKJC^^^u.'^or^CiUcA <d?.\<vy£ck ^ "{"cd -H/i<2L 'Ou.c ^CiCtSS Uo*.Ki a.»*H Ccju^I Le&<> O5? 4^ rZH"^ 4 /^AitrslC^ A\C.N]\ Ci-^r 4W_… |
| 22-647 |
Ross Anthony Scott v. Texas |
Texas |
2023-01-11 |
Denied |
|
circuit-split constitutional-interpretation criminal-procedure defendant-rights defendant-silence fifth-amendment liberal-construction prosecutor-comment prosecutorial-comment self-incrimination |
In considering whether a prosecutor's comment on a criminal defendant's failure to testify infringes on the defendant's Fifth Amendment privilege agai… |
| 22-6522 |
Charvez Brooks v. United States |
Fourth Circuit |
2023-01-11 |
Denied |
Response WaivedIFP |
criminal-procedure direct-appeal due-process federal-courts hobbs-act ineffective-assistance interstate-commerce judicial-discretion jury-instructions reasonable-doubt standard-of-proof |
I. Does a federal district court possess meaningful discretion to define "proof beyond a reasonable doubt" in jury instructions upon request of a crim… |
| 22-6525 |
Keith D. Arline, Jr. v. California |
California |
2023-01-11 |
Denied |
Relisted (2)IFP |
brady-claim constitutional-rights criminal-procedure due-process evidence-suppression exculpatory-evidence material-evidence prosecutorial-misconduct suppression-of-evidence williams-v-traylor |
1) WHETHER THE CALIFORNIA SUPREME COURT RENDERED A DECISION IN VIOLATION OF THE LAW OF THE UNITED STATES SUPREME COURT AS PRONOUNCED IN BRADY V. MARYL… |
| 22-6526 |
Anton Michael Kubica v. California |
California |
2023-01-11 |
Denied |
IFP |
case-dismissal constitutional-rights criminal-procedure due-process evidence judicial-review material-evidence prosecutorial-delay prosecutorial-misconduct speedy-trial |
WAS THE APPELLANT DENIED HIS FEDERAL AND STATE CONSTITUTIONAL RIGHT TO DUE PROCESS, BECAUSE OF UNJUSTIFIED, PREJUDICIAL PROSECUTORIAL DELAY IN FILING … |
| 22-6527 |
William Langley, Jr. v. United States |
Fourth Circuit |
2023-01-11 |
Denied |
Response WaivedIFP |
924(c) constitutional-challenge conviction-reversal criminal-procedure due-process factual-innocence firearm-statute guilty-plea plea-bargaining sentencing statutory-interpretation |
SHOULD THE COURT FIND PETITIONER'S CONVICTION FOR '924(c) et al. UNCOUNSTITUTIONAL "use" and "carry" of 924(c) a due process violation that warrants a… |
| 22-6502 |
Jerry Joseph Higdon, Jr. v. United States |
Eleventh Circuit |
2023-01-10 |
Denied |
Response WaivedIFP |
appellate-review circuit-court constitutional-interpretation criminal-procedure due-process habeas-corpus jurisdiction jurisdictional-challenge procedural-bar sentencing sentencing-guidelines |
I.
IS
THE
UNITED
STATES
COURT
OF
APPEALS
FOR
THE
ELEVENTH CIRCUIT USING
ITS
PROCEDURAL BAR
RULES
IN
MANNER
INCONSISTENT
WITH
THE
UNITED
STATES
CONSTIT… |
| 22-6503 |
Patrick Emeka Ifediba v. United States |
Eleventh Circuit |
2023-01-10 |
Denied |
Response RequestedRelisted (2)IFP |
controlled-substances criminal-procedure due-process fifth-amendment intent medical-intent medical-practice sentencing sixth-amendment |
1.) Was Petitioner denied his rights under Ruan v. United States, 142 S. Ct. 2370, 213 L. Ed. 2d 706 (6-27-22) which was decided after briefing in Pet… |
| 22-6513 |
Jeremy Dale Bartram v. West Virginia |
West Virginia |
2023-01-10 |
Denied |
Response WaivedIFP |
criminal-procedure due-process evidence evidence-rule fair-trial presumption-of-innocence prosecutorial-discretion rule-404(b) uncharged-misconduct |
Does the prosecution's use of 'uncharged misconduct' under Rule 404(b) of the West Virginia Rules of Evidence strip a criminal defendant of the presum… |
| 22-6483 |
Eli Sloan v. United States |
Ninth Circuit |
2023-01-09 |
Denied |
Response WaivedRelisted (2)IFP |
civil-rights constitutional-rights criminal-procedure impartial-jury jury-selection prejudicial sixth-amendment trial-procedure voir-dire |
1. Whether the voir dire selection was partial or prejudicial in violation of Petitioner. Eli Sloan's Sixth Amendment right to an impartial jury. |
| 22-6487 |
Chasity Reanee Orellana v. United States |
Fifth Circuit |
2023-01-09 |
Denied |
Response WaivedIFP |
criminal-procedure district-court due-process jurisdiction post-release-conduct revocation sentencing supervised-release |
Whether the district court erred by revoking Ms. Orellana's supervised release because its revocation decision relied on conduct that occurred after h… |
| 22-6490 |
Wayne Johnson v. Court of Appeal of California, First Appellate District, et al. |
California |
2023-01-09 |
Denied |
IFP |
appellate-review constitutional-rights criminal-procedure due-process harmless-error judicial-fabrication unpublished-opinion void-order void-restraining-order |
Can it ever be harmless error for a State to force a Defendant to stand trial on multiple felonies while admitting into evidence as the foundation of … |
| 22-6493 |
Robert Keith Kinsey v. United States |
Fifth Circuit |
2023-01-09 |
Denied |
Response WaivedIFP |
5th-amendment 6th-amendment constitutional-rights controlled-substance criminal-procedure due-process fifth-circuit preponderance-of-evidence sentencing supervised-release trial-by-jury |
Section 3583(g) of United States Code Title 18 requires a district court to revoke a defendant's term of supervised release and impose a term of impri… |
| 22-6495 |
Genero Javon Zuniga v. Colorado |
Colorado |
2023-01-09 |
Denied |
IFP |
colorado constitutional-rights criminal-procedure due-process fourteenth-amendment retroactivity substantive-law zuniga |
Did the State of Colorado violate Mr. Zuniga's Fourteenth Amendment due process protections when it failed to apply rule of substantive law retroactiv… |
| 22-6500 |
Richard Eugene Glossip v. Oklahoma |
Oklahoma |
2023-01-09 |
Dismissed |
Amici (2)Relisted (21)IFP |
brady-v-maryland brady-violation criminal-procedure due-process evidence-suppression impeachment-evidence materiality post-conviction-relief prosecutorial-misconduct standard-of-review suppressed-evidence witness-credibility |
1. Whether a court may require a defendant to demonstrate by clear and convincing evidence that no reasonable fact finder would have returned a guilty… |
| 22-6471 |
Kyle Maurice Parks v. United States |
Eighth Circuit |
2023-01-06 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sixth-amendment statutory-interpretation |
(1) Whether Mr. PARKS improperly WAS DENIED A REVIEW IN EFFECTIVE ASSISTANCE of COUNSEL AND PROSECUTORIAL MISCONDUCT 24p District Court UNDER. J 28 U.… |
| 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 |
1. Where the Trial Court's Ruling Compelling the Election of
Rights had required a criminal Defendant to waive his Fifth
Amendment Constitutional Ri… |
| 22-6473 |
Michael Dewayne Dennis v. United States |
Fifth Circuit |
2023-01-06 |
Denied |
IFP |
criminal-procedure due-process fourth-amendment privacy privacy-rights reasonable-expectation-of-privacy search sentencing-disparities surveillance warrantless-search |
Whether long-term police use of a surveillance camera targeted at a person's home and curtilage is a Fourth Amendment search.
Whether the Due Process… |
| 22-6475 |
Nohe Dominguez-Morales v. United States |
Fifth Circuit |
2023-01-06 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
almendarez-torres apprendi apprendi-v-new-jersey criminal-procedure historical-practices notice-clause prior-conviction-exception prior-convictions sixth-amendment |
Whether the prior-conviction exception from Almendarez-Torres can be squared with the text of the Sixth Amendment's Notice Clause and the historical p… |
| 22-6458 |
Brian L. Melson v. Oklahoma |
Oklahoma |
2023-01-05 |
Denied |
IFP |
cherokee-nation criminal-jurisdiction criminal-procedure due-process federal-jurisdiction indian-law major-crimes-act native-american-rights reservation-status tribal-sovereignty united-states-constitution |
"Mr. Melson respectfully ask "'- Did Congress ever disestablish the Cherokee Nation and/or Reservation as a sovereign nation, [within the State of Okl… |
| 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 |
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(^por-WA--… |
| 22-6467 |
Louis Antonio Zayas v. United States |
Third Circuit |
2023-01-05 |
Denied |
Response WaivedIFP |
certiorari controlled-substances criminal-procedure criminal-trial directed-verdict due-process evidence-disclosure harmless-error jury-instruction jury-instructions prosecutorial-conduct |
1. Should the Supreme Court grant certiorari to consider whether the erroneous decision of the Trial Court to instruct the jury that the United States… |
| 22-6442 |
Brennan Thomas Baker v. Wyoming |
Wyoming |
2023-01-04 |
Denied |
Response WaivedIFP |
abuse-of-discretion cell-phone-recording criminal-evidence criminal-procedure due-process evidence evidentiary-abuse-of-discretion fourth-amendment legal-admissibility surveillance surveillance-footage witness-testimony |
DID THE DISTRICT COURT ABUSE ITS DISCRETION WHEN IT ADMITTED THE STATE'S CELL PHONE RECORDING OF SURVEILLANCE FOOTAGE THAT CAPTURED THE ALTERCATION BE… |
| 22-6443 |
Daquan Madrid Pridgen v. United States |
Fourth Circuit |
2023-01-04 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process rule-of-lenity sentencing sentencing-guidelines sixth-amendment statutory-interpretation structural-error |
I. WHETHER THE DISTRICT COURT COMMITTED STRUCTURAL ERROR BY FINDING THAT THE SENTENCE FOR A VIOLATION OF 18 U.S.C. § 2113(e) SHOULD BE 10 YEARS TO LIF… |
| 22-6449 |
Carl Anthony Wilson v. Texas |
Texas |
2023-01-04 |
Denied |
IFP |
actual-innocence blood-draw conflict-of-interest constitutional-rights criminal-procedure due-process fourth-amendment ineffective-assistance ineffective-assistance-of-counsel search-warrant unreasonable-search-and-seizure |
Oh may 03/2015 atio.xH mi cuus tape u to SfniTP County Tail in Ty/erjTexus at , on Floy^Q.od.6 1 my Blood uas dracon without a searChurarraot Or Count… |
| 22-6450 |
Dedrevionus C. Williams v. Florida |
Florida |
2023-01-04 |
Denied |
Response WaivedIFP |
constitutional-law constitutional-rights criminal-procedure due-process judicial-fact-finding jury-trial preponderance-standard sentencing sentencing-enhancement statutory-interpretation |
1. Does Florida's Statute §775.082(9) Prison Releasee Reoffender sentence violate a defendant's U.S. Constitutional rights per this Court's holdings i… |
| 22-6451 |
Dwayne Edmond Wilson v. Randee Rewerts, Warden |
Sixth Circuit |
2023-01-04 |
Denied |
Response WaivedIFP |
6th-amendment civil-rights constitutional-rights criminal-procedure defendant-rights due-process incarceration judicial-delay liberty speedy-trial |
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X pfb'fed^ byfh& … |
| 22-6453 |
Mario Torres v. Kathleen Allison, Secretary, California Department of Corrections and Rehabilitation |
Ninth Circuit |
2023-01-04 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process eyewitness-identification habeas-corpus plea-agreement plea-bargain post-conviction-relief prosecutorial-misconduct right-to-counsel sentencing |
reneged on the plea bargain.
Whether the District Court is bound by the original plea-agreement. Petitioner was resentenced.
Whether a restitution h… |
| 22-6460 |
Davonte DeJean v. United States |
Fifth Circuit |
2023-01-04 |
Denied |
Response WaivedRelisted (2)IFP |
6th-amendment constitutional-rights court-responsibility criminal-procedure due-process ineffective-assistance-of-counsel ineffective-counsel jury-trial right-to-jury-trial sentencing sixth-amendment |
Was counsel ineffective for not enforcing the 6th Amendment right to a jury trial in the sentencing proceeding and is the court also responsible?
Was… |
| 22-6461 |
Segundo Marcial Dominguez-Caicedo and Adrian Andres Cortez-Quinonez v. United States |
Ninth Circuit |
2023-01-04 |
Denied |
Response RequestedResponse WaivedRelisted (3)IFP |
arrest arrest-delay criminal-procedure due-process high-seas judicial-proceedings magistrate-review speedy-trial transportation transportation-time unnecessary-delay |
Upon an arrest on the high seas, is the additional delay resulting from transportation to the district the Government chooses to prosecute a factor th… |
| 22-6438 |
Tommiel Q. Claiborne, aka Tommie Lee Claiborne, Jr., aka Tommie L. Claiborne v. Mississippi |
Mississippi |
2023-01-03 |
Denied |
IFP |
confrontation constitutional-rights court-appointed-counsel criminal-procedure criminal-proceeding due-process ineffective-assistance-of-counsel jury-selection legal-assistance peremptory-challenges sixth-amendment |
Ineffective Assistance of Counsel for [PETITIONER] to challenge, due process, and right to effective assistance of counsel which is a violation of the… |
| 22-607 |
Noah Nagy, Warden v. Jimmy Baugh |
Sixth Circuit |
2023-01-03 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
actual-innocence constitutional-error criminal-procedure federal-review habeas-corpus new-evidence sixth-amendment standard-of-review statutory-interpretation |
Did the Sixth Circuit misapprehend § 2244(b)(2)(B)(ii)'s standard by granting habeas relief to Jimmy Baugh when the newly discovered evidence at issue… |
| 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 |
There has been more than enough cases in the last few decades, where search warrants that lack probable cause has been accepted by all the lower Unite… |
| 22-6435 |
Willie Tyrone Shipley v. D. Holbrook |
Ninth Circuit |
2022-12-30 |
Denied |
Response WaivedIFP |
civil-rights confrontation constitutional-rights criminal-procedure due-process effective-assistance-of-counsel evidence fourteenth-amendment prosecutorial-discretion sixth-amendment witness-testimony |
1.)
Is a defendant deprived of his right to
Confrontation and
due Process within
the meaning of the Sixth, and Fourteenth
Amendments Whea the District… |
| 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?
Did the prosecution's use of the word "uncontroverted" place the burden of proof on the defendant, thereb… |
| 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?
WHETHER THE PET… |
| 22-6417 |
Eric C. Burgie v. Dexter Payne, Director, Arkansas Division of Correction |
Eighth Circuit |
2022-12-29 |
Dismissed |
Response WaivedIFP |
civil-procedure claim-construction criminal-procedure district-court due-process habeas-corpus judicial-interpretation racial-discrimination standing statute-of-limitations tolling |
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3. wUe-Hoer- 4^e AisfricV ccu^rV oWsei) Ai'scn^en
iVuiV^r>
Hr. o^pomVtw… |
| 22-6419 |
Brian Wright v. United States |
Ninth Circuit |
2022-12-29 |
Denied |
Response WaivedIFP |
asset-forfeiture cash-seizure civil-procedure civil-rights criminal-procedure due-process federal-procedure property-rights rule-41g |
Should Mr. Wright be allowed a return of his seized cash when Mr. Wright filed a motion under Fed. R. Crim. P. 41(g) to return the cash, and the gover… |
| 22-6421 |
Sergio Garcia-Lara v. United States |
Fifth Circuit |
2022-12-29 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure due-process presentence-report sentencing unreliable-evidence |
Whether, in cases where a party seeks appellate relief on the ground that a district court has considered unreliable information, the district court m… |
| 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. WASHINGTONA. |
| 22-6402 |
Jesse Johnson, III v. California |
California |
2022-12-28 |
Denied |
Response WaivedIFP |
circuit-split constitutional-rights criminal-procedure ineffective-assistance ineffective-assistance-of-counsel plea-bargaining prejudice prejudice-prong prima-facie-showing strickland-standard strickland-v-washington |
When a defendant alleges that his trial counsel was ineffective for failing to properly advise him regarding the consequences of rejecting a plea offe… |
| 22-6408 |
Samuel Lawrence Wood v. Mike Brown, Warden |
Sixth Circuit |
2022-12-28 |
Denied |
Response WaivedIFP |
concurrent-sentences consecutive-sentences criminal-procedure double-jeopardy due-process federal-review federal-sentencing habeas-corpus sentencing state-prisoner state-sentencing statutory-authority |
Is the state of Michigan in the Absence of Statutory Authority.
See 18 U.S.C. 9 3584 (a)
Petitioner was Already subject to the state sentences.
Petiti… |
| 22-6409 |
Victor Gaspar Chichande v. United States |
Ninth Circuit |
2022-12-28 |
Denied |
Response RequestedResponse WaivedRelisted (3)IFP |
criminal-procedure detention-conditions drug-enforcement drug-law-enforcement due-process foreign-nationals human-rights international-law maritime-interdiction maritime-law |
Why do the courts of this country sanction the forced apprehension of foreign nationals who are chained to the steel decks of United States Coast Guar… |
| 22-6396 |
John Edward Sansing v. Ryan Thornell, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. |
Ninth Circuit |
2022-12-27 |
Denied |
IFP |
appellate-review clearly-established-law criminal-procedure death-penalty eighth-amendment federal-habeas mitigating-evidence mitigating-factors sentencing-procedure victim-impact |
John Edward Sansing pleaded guilty to first-degree murder and other felonies with no agreements offered by the state. During the sentencing proceeding… |
| 22-6399 |
Kerry Simpson v. Tom Watson, Warden |
Sixth Circuit |
2022-12-27 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure dna-evidence due-process judicial-reasoning legal-standard manifest-weight prejudice prejudice-standard standard-of-review |
1. Did the Federal Appellate Court Apply the Correct Standard in the Determination of Prejudice?
2. Manifest Weight of the Evidence.
3. Can a "Juris… |
| 22-589 |
Daryl Holloway v. City of Milwaukee, Wisconsin, et al. |
Seventh Circuit |
2022-12-27 |
Denied |
|
circuit-split civil-rights constitutional-law criminal-procedure due-process eyewitness-identification identification-procedure law-enforcement lineup qualified-immunity |
1. Whether the Court should address
ambiguity among the circuits on whether an unduly
suggestive identification procedure violated the Due
Process Cla… |
| 22-6392 |
Adam Tello v. United States |
Fifth Circuit |
2022-12-23 |
Denied |
Response WaivedIFP |
appellate-review civil-rights criminal-procedure due-process ineffective-assistance jurisdiction jurisdictional-defect legal-correction sentencing sentencing-error standing strickland-standard |
Whether a jurisdictional defective sentence is "non-law" and cannot be adjudicated time or procedurally barred under U.S. Supreme Court law of United … |
| 22-6374 |
Damian Perry v. United States |
First Circuit |
2022-12-22 |
Denied |
Response WaivedIFP |
constitutional-law constitutional-protection criminal-procedure double-jeopardy due-process first-circuit same-offense sentencing-enhancement successive-punishments |
Has the First Circuit impermissibly narrowed the application of Double Jeopardy Clause of the United States Constitution therefore removing any practi… |
| 22-6376 |
Marcus Joseph v. South Carolina |
South Carolina |
2022-12-22 |
Denied |
Response WaivedRelisted (2)IFP |
arbitrary-suspension civil-rights constitutional-interpretation criminal-procedure double-jeopardy due-process ex-post-facto habeas-corpus proportionality-review sentencing-guidelines state-court |
Question not identified. |
| 22-6377 |
Thaddeus Chaylon Martin v. Florida |
Florida |
2022-12-22 |
Denied |
IFP |
civil-rights corrections criminal-procedure double-jeopardy due-process judicial-discretion jurisdiction prison-credits retroactive-application sentencing sentencing-credits |
①Dd Court hae tunisdieton to Amend are-charge
then
re- sentence again years Later to an expired sentence?
martin recieved (45) duy time serve April 29… |
| 22-6386 |
Frank Sanchez v. United States |
Eighth Circuit |
2022-12-22 |
Denied |
Relisted (9)IFP |
acquitted-conduct criminal-procedure double-jeopardy due-process fifth-amendment sentencing sixth-amendment |
Whether the use of acquitted conduct to determine a
defendant's sentence violates the Fifth and Sixth
Amendments. |
| 22-6359 |
Leonid Gershman v. United States |
Second Circuit |
2022-12-21 |
Denied |
Response WaivedIFP |
appellate-review collateral-consequence conspiracy-charges criminal-conviction criminal-procedure double-jeopardy merger plain-error sentencing sentencing-multiplicity |
Isn't it plain error for a court to impose multiple punishments for multiple counts of conviction that for double jeopardy purposes amount to the same… |
| 22-6362 |
Carlos Santana R. Garcia v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-12-21 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process equal-protection federal-law habeas-corpus ineffective-assistance-of-counsel unreasonable-determination |
1. Did the Court of Criminal APPeals of Texas and the US. Direraet Court Northeen Distact of Texas San AnGelo Division, eRe bi decidrna the merits of … |
| 22-6365 |
Ronald E. Cook v. Tom Watson, Warden |
Sixth Circuit |
2022-12-21 |
Denied |
IFP |
appeals constitutional-law constitutional-rights criminal-defense criminal-procedure double-jeopardy due-process evidence-exclusion fair-trial jurisdiction right-to-present-defense |
Question not identified. |
| 22-6372 |
Jose Felipe Cardenas-Ramirez v. United States |
Fifth Circuit |
2022-12-21 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 22-6344 |
Bryshun Genard Furlow v. United States |
Fourth Circuit |
2022-12-20 |
Denied |
Response WaivedIFP |
armed-career-criminal-act categorical-approach controlled-substance-offense criminal-procedure drug-conviction fourth-circuit mandate-rule prior-conviction sentencing-guidelines |
Whether the Fourth Circuit erroneously refused to apply its intervening case law to Furlow's case, incorrectly applying the mandate rule.
Whether the… |
| 22-6346 |
Robert D. Johnson v. Douglas Fender, Warden |
Sixth Circuit |
2022-12-20 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process equal-protection ineffective-assistance ineffective-assistance-of-counsel legal-continuance speedy-trial sufficiency-of-evidence |
IS IT NOT ERRONEUOSLY FACTUAL AND A MISAPPLICATION OF LAW, RULE
OR STATUE FOR THE STATE COURTS AND DISTRICT COURTS TO CONCUR WITH A
CONTINUANCE THAT W… |
| 22-6348 |
Douglas James Schneider v. United States |
Eighth Circuit |
2022-12-20 |
Denied |
Response WaivedIFP |
appellate-review court-of-appeals criminal-procedure federal-rules-of-criminal-procedure plain-error procedural-violation rule-11 substantial-rights waiver |
Whether the court of appeals erred in holding the failure to object to the violation of Rule 11(c)(1) provides dispositive evidence that the violation… |
| 22-6350 |
Raul Alvarez v. New York |
New York |
2022-12-20 |
Denied |
Amici (1)Response WaivedIFP |
actual-innocence constitutional-rights court-objection criminal-defense criminal-procedure ineffective-assistance right-to-counsel sixth-amendment trial-strategy |
Must a client object in open court to invoke their Sixth Amendment right to maintain actual innocence as the objective of their defense? |
| 22-6353 |
Furlonzo R. Moran v. Louisiana |
Louisiana |
2022-12-20 |
Denied |
Response WaivedIFP |
6th-amendment constitutional-rights criminal-procedure due-process equal-protection fair-trial juror-disqualification jury-selection social-media-evidence trial-court-discretion |
Is it unconstitutional to disqualify a juror from service without just cause?
Was Moran deprived of his right to be tried by the jurors selected to t… |
| 22-6357 |
Clifton Raye v. Tim Hooper, Warden |
Fifth Circuit |
2022-12-20 |
Denied |
Response WaivedIFP |
6th-amendment constitutional-law constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sixth-amendment trial-counsel |
Was Petitioner's rights under 6th Amendment to the United States Constitution violated when trial counsel was ineffective?
Did the State and Federal … |
| 22-6335 |
Timothy Michael Unzueta v. Texas |
Texas |
2022-12-19 |
Denied |
IFP |
clear-error criminal-justice criminal-procedure date-range due-process grand-jury legal-procedure material-element void-conviction |
Is it not clear error to allow a void conviction to continue (i.e., to not be vacated) knowing that a material (date-range essential) element was impr… |
| 22-6316 |
Kalvin Walker v. United States |
Fourth Circuit |
2022-12-16 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure district-court guideline-range harmless-error judicial-discretion sentencing-guidelines |
Whether errors in calculating the Sentencing Guidelines are automatically rendered harmless by a district court's statement that the correctness of th… |
| 22-6317 |
Normando Eligio Esquivel-Ontiveros v. United States |
Fifth Circuit |
2022-12-16 |
Denied |
Response WaivedIFP |
case-jurisdiction constitutional-provisions criminal-procedure due-process fifth-circuit legal-precedent precedent sentencing statutory-interpretation supreme-court supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-6318 |
Eduardo Ocegueda-Ruiz v. United States |
Ninth Circuit |
2022-12-16 |
Denied |
Response WaivedIFP |
circuit-split criminal-law criminal-procedure drug-trafficking due-process firearm-possession lenity sentencing-enhancement statutory-interpretation |
Does a person possess a firearm in furtherance of a drug trafficking crime, within the meaning of 18 U.S.C. § 924(c)(1)(A), when the person receives a… |
| 22-6327 |
Anthony Naquan West v. Texas |
Texas |
2022-12-16 |
Denied |
IFP |
constitutional-law constitutional-review conviction-challenge criminal-procedure due-process federal-courts habeas-corpus state-court state-courts |
Has the State Court of Criminal Appeals of Texas adjudication to dismiss petitioner's writ of Habeas Corpus contrary to or involve an unreasonable app… |
| 22-6308 |
Alberto Mendoza-Espinoza v. United States |
Fifth Circuit |
2022-12-15 |
Denied |
Response WaivedIFP |
case-review court-of-appeals criminal-procedure due-process judicial-procedure legal-precedent overrule sentencing sixth-amendment supreme-court supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-6309 |
Uriel Mora-Mendez v. United States |
Fifth Circuit |
2022-12-15 |
Denied |
Response WaivedIFP |
case-jurisdiction constitutional-law constitutional-provisions criminal-procedure due-process fifth-circuit jury-trial legal-precedent sentencing supreme-court supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-6310 |
Terence Sandy McCray v. Michael Capra, Superintendent, Sing Sing Correctional Facility |
Second Circuit |
2022-12-15 |
Denied |
Response WaivedIFP |
aedpa antiterrorism-and-effective-death-penalty-act brady-disclosure brady-v-maryland criminal-procedure due-process evidence-disclosure pennsylvania-v-ritchie psychiatric-records second-circuit-court-of-appeals |
1. When a trial court in a criminal case reviews the complainant's psychiatric records for Brady material as required by Pennsylvania v. Ritchie, 480 … |
| 22-6311 |
Massey L. Allen, Jr. v. Nebraska |
Nebraska |
2022-12-15 |
Denied |
IFP |
criminal-evidence criminal-procedure due-process evidence fourteenth-amendment jackson-v-virginia miranda-rights post-miranda-silence reasonable-doubt standard-of-review sufficiency-of-evidence |
1. Whether there was sufficient evidence adduced at trial to convict
Petitioner of the offense beyond a reasonable doubt under this Court's holding
… |
| 22-6312 |
Kristian Jones v. United States |
Third Circuit |
2022-12-15 |
Denied |
Response WaivedIFP |
4th-amendment circuit-split constitutional-law criminal-procedure fourth-amendment hotel-guest hotel-guest-rights privacy reasonable-expectation-of-privacy search-and-seizure standing |
This case involves an important issue in which there is a split of authority in the lower courts regarding whether there is a reasonable expectation o… |
| 22-550 |
Carlos Jackson v. Mississippi |
Mississippi |
2022-12-15 |
Denied |
Response WaivedRelisted (2) |
competency conviction criminal-procedure due-process judicial-inquiry retroactivity sentence state-courts void-conviction |
I. WHETHER THE RETROACTIVITY RULE FOR CRIMINAL PROCEDURE APPLIES TO THE STATE OF MISSISSIPPI.
II. WHETHER THE FAILURE TO MAKE A COMPETENCY INQUIRY WH… |
| 22-6297 |
Kevin W. Malone v. Nebraska, et al. |
Eighth Circuit |
2022-12-14 |
Denied |
Response WaivedIFP |
14th-amendment 6th-amendment conflict-of-interest criminal-procedure due-process fourteenth-amendment ineffective-assistance-of-counsel legal-ethics sixth-amendment trial-bias |
I. Does the trial counsel's fraudulent behavior and conflict of interest violate the Petitioner's 6" & 14" Amendment right to conflict free counsel?
… |
| 22-6300 |
Edman Castro-Salazar v. United States |
Fifth Circuit |
2022-12-14 |
Denied |
Response WaivedIFP |
almendarez-torres criminal-procedure due-process indictment recidivism recidivism-enhancement sixth-amendment statutory-interpretation statutory-offense |
L. Whether the government's failure to allege a prior conviction necessary to support a statutory recidivism enhancement violated Mr. Castro's right "… |
| 22-6302 |
Selvin Omar Canales v. United States |
Fifth Circuit |
2022-12-14 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum |
Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 22-6303 |
Steven Riad Jalloul v. United States |
Fifth Circuit |
2022-12-14 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-sentencing due-process fifth-circuit judicial-discretion plea-agreement plea-bargaining restitution sentencing statutory-interpretation |
This Court should grant this petition to address the degree of specificity re-quired for the language in a defendant's plea agreement to be construed a… |
| 22-6289 |
Kevin Singleton v. United States |
Fifth Circuit |
2022-12-13 |
Denied |
Response WaivedIFP |
appeal appeal-waiver constitutional-rights criminal-procedure fifth-circuit judicial-review plea-agreement plea-bargaining procedural-history waiver |
Whether the Fifth Circuit erred by dismissing Mr. Singleton's appeal based on the waiver of appeal provisions in his Plea Agreements. |
| 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 |
Our constitution codifies the ancient right of confronting one's accuser. Relying on Ohio v. Roberts, this Court has held a procedure which eliminates… |
| 22-6280 |
Jose Adolpho Castillo v. Texas |
Texas |
2022-12-12 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-defense criminal-procedure due-process hearsay-testimony ineffective-assistance prejudice right-to-counsel standard-of-review strickland-standard strickland-v-washington |
Whether the Court of Criminal Appeals of Texas has made the standard articulated by this Court in Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 20… |
| 22-536 |
Eliezer Alberto Jimenez v. United States |
Sixth Circuit |
2022-12-12 |
Denied |
|
constitutional-rights criminal-procedure guilty-plea habeas-corpus miscarriage-of-justice unconstitutional-conditions waiver-of-rights |
This case presents a recurring constitutional question of exceptional importance. The Court has said in a variety of contexts that "the government may… |
| 22-6254 |
Aaron Michael Murray v. United States |
Eleventh Circuit |
2022-12-09 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fair-trial impartiality-standard judicial-ethics judicial-impartiality judicial-recusal media-bias media-coverage recusal |
Whether numerous local and national media reports, which brought facts to light that have caused the public to question the district court's impartial… |
| 22-6266 |
Earl Moore v. United States |
Third Circuit |
2022-12-09 |
Denied |
Response WaivedIFP |
career-offender civil-rights criminal-history criminal-procedure due-process first-step-act recidivism sentence-reduction sentencing sentencing-guidelines statutory-interpretation |
Question not identified. |
| 22-6274 |
John C. Killingbeck v. United States |
Second Circuit |
2022-12-09 |
Denied |
Response WaivedIFP |
civil-rights content-provider criminal-procedure criminal-prosecution due-process free-speech habeas-corpus internet-immunity internet-service-provider-liability section-230 standing |
What is the correct way for the Government to correct its prosecution and answer as in etc.
Are the Government and courts acting within their
Questi… |
| 22-6257 |
Kenneth Ray Borders v. United States |
Eighth Circuit |
2022-12-08 |
Denied |
Response WaivedIFP |
circuit-court compassionate-release criminal-procedure due-process eighth-amendment health-conditions judicial-misconduct procedural-error standing |
I. SHOULD THIS COURT GRANT THE WRIT WHERE THE LOWER
COURT ERRED IN VIOLATION OF THE EIGHTH AMENDMENT
IN DENYING COMPASSIONATE RELEASE WHEN THE LOWER… |
| 22-6258 |
Rondale Young v. United States |
Ninth Circuit |
2022-12-08 |
Denied |
Response WaivedIFP |
assimilated-crimes assimilative-crimes-act criminal-procedure double-jeopardy due-process fifth-amendment houston-v-moore separate-sovereign-doctrine |
Whether, pursuant to the Houston v. Moore, 18 U.S. 1 (1820) exception to the separate-sovereign doctrine, a defendant previously acquitted of murder u… |
| 22-6261 |
Damar D. Ruffin v. United States |
Sixth Circuit |
2022-12-08 |
Denied |
Response WaivedIFP |
criminal-procedure due-process jury-trial sentencing sixth-amendment statutory-maximum |
This Court has made clear that any fact, other than prior conviction, that increases the statutory range of punishment, must be found by a jury to hav… |
| 22-528 |
Gilbert Rodriguez, IV v. Texas |
Texas |
2022-12-08 |
Denied |
|
criminal-procedure due-process fifth-amendment fourteenth-amendment habeas-corpus ineffective-assistance-of-counsel miranda-rights sixth-amendment |
Whether the 183rd district court for Harris County, Texas erred in denying Petitioner Rodriguez's writ of Habeas Corpus when Petitioner's trial and ap… |
| 22-527 |
Sammy Jay Riddle v. Texas |
Texas |
2022-12-07 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
constitutional-rights criminal-procedure due-process evidentiary-hearing guilty-plea ineffective-assistance ineffective-assistance-of-counsel state-collateral-review texas-courts texas-criminal-procedure |
I. Whether the Texas courts denied petitioner due process by rejecting his substantial ineffective assistance of counsel claim without conducting an e… |
| 22-6237 |
Orlando Dean Hobbs v. Clinton Bryant |
Sixth Circuit |
2022-12-07 |
Denied |
IFP |
civil-rights criminal-procedure due-process firearm-rights habeas-corpus restoration-of-rights statutory-interpretation |
Was the Habeas Corpus in this case Effectively Suspended in this case? when the officers of the courts knew the petitioner's civil rights were restore… |
| 22-6240 |
Robert Dale Hines v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-12-07 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure due-process evidence-tampering fourth-amendment ineffective-assistance ineffective-assistance-of-counsel plea-negotiations sixth-amendment trial-counsel |
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K^vown sl/nce. +ke. ^^-vU gv-txle iAr^-ftc vi +k«s cog^s K>s ^cco^cA
re.pre.sovt me_ /A Co… |
| 22-6250 |
Matthew James Dury v. United States |
Fourth Circuit |
2022-12-07 |
Denied |
Response WaivedIFP |
alias citizenship-status civil-rights criminal-procedure deportation due-process immigration immigration-law legal-residency naturalization permanent-residency |
NO United States Judge has the Authority to Order a Foreign Born Defendant to Violate United States Laws.
No Non US Citizen Can serve Supervised Rele… |
| 22-6253 |
Michael J. Moller, aka Michael Robinson v. United States |
First Circuit |
2022-12-07 |
Denied |
Response WaivedIFP |
appellate-waiver certiorari criminal-procedure district-court due-process paycheck-protection-program plea-bargaining sentencing sophisticated-means-enhancement standard-of-review |
1. Should certiorari be granted to address the enforceability of an
appellate waiver where the District Court's entire inquiry consisted of
a single q… |
| 22-6228 |
Giovanny Sanchez-Juarez v. United States |
Fifth Circuit |
2022-12-06 |
Denied |
Response WaivedIFP |
apprendi-v-new-jersey constitutional-law criminal-procedure immigration-law indictment sentencing sentencing-enhancement sixth-amendment statutory-interpretation statutory-maximum |
Whether Almendarez-Torres v. United States, 523 U.S. 224 (1998) was wrongly decided, allowing for the provisions of 8 U.S.C. § 1326(b)(1) and (2) deal… |
| 22-6216 |
Jonny Shineflew v. United States |
Ninth Circuit |
2022-12-05 |
Denied |
Response WaivedRelisted (2)IFP |
criminal-procedure guideline-offense integrated-agreement plea-agreement prosecutor prosecutorial-discretion sentencing sentencing-enhancement sentencing-guidelines |
Whether an integrated plea agreement that specifically identifies Guideline offense levels and specific offense characteristics on which the parties a… |
| 22-6218 |
Carlos Brito-Brito v. United States |
Fifth Circuit |
2022-12-05 |
Denied |
Response WaivedIFP |
alleyne appellate-procedure apprendi constitutional-law criminal-law criminal-procedure due-process fifth-amendment precedent-analysis sentencing statutory-interpretation supreme-court-review |
Whether this Court should consider the continuing validity of Almendarez- Torres v. United States, 523 U.S. 244 (1998) , in light of the reasoning of … |
| 22-6220 |
Martin Robert Moncada-Aguirre v. United States |
Fifth Circuit |
2022-12-05 |
Denied |
Response WaivedIFP |
alleyne almendarez-torres appellate-procedure apprendi certiorari constitutional-interpretation criminal-law criminal-procedure due-process judicial-review sentencing supreme-court-precedent |
Whether this Court should consider the continuing validity of Almendarez-Torres v. United States, 523 U.S. 244 (1998), in light of the reasoning of Ap… |
| 22-6202 |
Peter Gakuba v. Illinois Prisoner Review Board |
Illinois |
2022-12-02 |
Dismissed |
Response WaivedIFP |
criminal-procedure exclusionary-rule grand-jury grand-jury-indictment jurisdiction jurisdictional-error privacy-protection statutory-rape video-privacy-protection-act void-judgment vppa-violation |
Whether Gakuba's criminal indictment for 'statutory rape' was void ab initio due to the Illinois police and prosecutors' violation of the Video Privac… |
| 22-6207 |
Anika George v. Shelbie Smith, Warden |
Sixth Circuit |
2022-12-02 |
Denied |
Response WaivedIFP |
civil-rights constitutional-law criminal-procedure due-process habeas-corpus ineffective-assistance |
Question not identified. |
| 22-6209 |
Mayeli Molina v. United States |
Fifth Circuit |
2022-12-02 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure criminal-trial dual-role-witnesses due-process expert-testimony jury-instructions sentencing sentencing-standards substantial-rights witness-testimony |
1. Whether Molina's substantial rights were affected when two-thirds of the Government's witnesses testified in dual roles as experts and fact witness… |
| 22-6210 |
Aaron Michael Crick v. United States |
Fourth Circuit |
2022-12-02 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure criminal-sentencing downward-variance fourth-amendment fourth-circuit judicial-discretion motion-denial reversible-error sentencing |
A. WHETHER THE FOURTH CIRCUIT COURT OF APPEALS ERRED BY DENYING MR. CRICK'S MERITORIOUS ARGUMENT THAT THE DISTRICT COURT COMMITTED REVERSIBLE ERROR BY… |
| 22-6212 |
Eric Cain v. United States |
Sixth Circuit |
2022-12-02 |
Denied |
Relisted (9)IFP |
criminal-procedure double-jeopardy due-process federal-sentencing-guidelines fifth-amendment jury-trial-right sentencing-guidelines sixth-amendment |
After a jury acquitted the petitioner of a firearms charge, the district court relied on the same conduct to increase his sentence range under the Fed… |
| 22-6214 |
Timothy Robert Gallion v. United States |
Fourth Circuit |
2022-12-02 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure criminal-sentencing district-court due-process fourth-circuit sentence-credit sentencing-credit sentencing-discretion sentencing-guidelines supervised-release |
A. WHETHER THE FOURTH CIRCUIT COURT OF APPEALS ERRED BY DISMISSING MR. GALLION'S MERITORIOUS ARGUMENT THAT THE DISTRICT COURT COMMITTED REVERSIBLE ERR… |
| 22-6185 |
Brent William Bogseth v. James R. Schiebner, Warden |
Sixth Circuit |
2022-12-01 |
Denied |
Response WaivedIFP |
6th-amendment appellate-jurisdiction civil-rights constitutional-review criminal-procedure due-process evidentiary-hearing habeas-corpus jury-verdict sixth-circuit unreasonable-evidence |
Was the District Court's order for petitioner's B2254 petition final in that it actually adjudicated petitioner's (capital) jury Claim, vi Amendment V… |
| 22-6187 |
Demetrio Lifrieri v. James Stinson |
Second Circuit |
2022-12-01 |
Denied |
IFP |
4th-amendment criminal-procedure due-process evidence-suppression exclusionary-rule fair-trial fourth-amendment murder-prosecution police-search unlawful-evidence unlawful-search |
Was petitioner's right to a fair trial compromised by the admission of the "unlawfully obtained evidence" at his murder prosecution?
2. Was petitione… |
| 22-6189 |
Jessie Jackson v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2022-12-01 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-defendant criminal-procedure criminal-proceedings due-process fair-trial hypoglycemia medical-condition mental-competence |
Should this Sonora Court's Opinion to affirm Judge Holt's dismissal of Hypoglycemia (Low Blood Sugar) in a Criminal defov civil Cause, inconsistent, a… |
| 22-6195 |
Kenneth W. Shelton v. Edward Bickham, Warden |
Fifth Circuit |
2022-12-01 |
Denied |
IFP |
alibi counsel-performance criminal-defense criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel investigation investigation-failure legal-procedure motion-to-quash |
Was counsel's performance deficient when counsel failed to conduct an independent investigation concerning the time Petitioner was not present at the … |
| 22-6197 |
Albert Bautista Guzman v. Christian Pfeiffer, Warden |
Ninth Circuit |
2022-12-01 |
Denied |
Relisted (2)IFP |
4th-amendment 5th-amendment civil-rights constitutional-rights criminal-procedure due-process fifth-amendment interrogation-tactics police-misconduct search-and-seizure self-incrimination |
Detectives that investigate cases should practice
in tegrity under the Due process clause of the
6th and 14th amendment under the equal protection
cla… |
| 22-6167 |
Eber Gramajo v. Mark Nooth, Superintendent, Snake River Correctional Institution |
Ninth Circuit |
2022-11-30 |
Denied |
Response WaivedIFP |
criminal-procedure due-process federal-discovery habeas-corpus ineffective-assistance ineffective-assistance-of-counsel medical-evidence pinholster-standard shaken-baby-syndrome |
Can reasonable jurists disagree whether a federal subpoena request for medical evidence, barred in state court because petitioner had not proven that … |
| 22-6171 |
Leihinahina Sullivan v. United States District Court for the District of Hawaii |
Ninth Circuit |
2022-11-30 |
Dismissed |
IFP |
civil-rights constitutional-rights criminal-procedure due-process evidence-suppression government-misconduct grand-jury grand-jury-subpoena prosecutorial-misconduct subpoenas |
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<=- E… |
| 22-6174 |
Porfirio Duarte-Herrera v. Brian Williams, Warden, et al. |
Ninth Circuit |
2022-11-30 |
Denied |
Response WaivedIFP |
co-defendant-severance constitutional-rights criminal-procedure due-process ineffective-assistance-of-counsel ineffective-counsel jury-instructions ninth-circuit-review severance suppression-of-evidence trial-procedure |
1. Did the Ninth Circuit err when Mr. Duarte-Herrera made a substantial showing of the denial of a constitutional right as to the inability to present… |
| 22-6179 |
Brandon J. Office v. Marcus Myers |
Fifth Circuit |
2022-11-30 |
Denied |
IFP |
charging-document constitutional-provisions criminal-procedure due-process habeas-corpus illegal-sentence motion-to-correct sentencing |
1. Was the Petitioner entitled to Habeas Corpus Relief, where the Petitioner properly raised a Motion to Correct an Illegal Sentence ?
2. Was the Pet… |
| 22-6181 |
Willie Speed v. Douglas Fender, Warden |
Sixth Circuit |
2022-11-30 |
Denied |
Response WaivedIFP |
attorney-conflict conflict-of-interest criminal-procedure due-process effective-assistance ex-post-facto fourteenth-amendment sixth-amendment |
1. WHETHER AN ATTORNEY'S CONFLICT OF INTEREST DEPRIVED PETITIONER OF HIS RIGHTS UNDER THE SIXTH AND FOURTEENTH AMENDMENTS TO EFFECTIVE ASSISTANCE AND … |
| 22-6159 |
Jeffrey Morris v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2022-11-29 |
Denied |
IFP |
actual-innocence appellate-review constitutional-rights criminal-procedure due-process evidentiary-hearing post-conviction recantation witness-testimony |
Does the State of Florida violate a defendant's due process and/or constitutional right to present a defense in conviction challenges and entitlement … |
| 22-6161 |
Melvin Lavon Shields v. Kansas |
Kansas |
2022-11-29 |
Denied |
Response WaivedIFP |
bad-faith criminal-defendant criminal-procedure due-process government-delay lovasco-v-united-states marion-v-united-states pre-charging-delay prejudice state-v-shields |
Whether a criminal defendant who has established prejudice from the government's pre-charging delay must show that delay was the result of the governm… |
| 22-6162 |
Donald Lee Scott v. Arizona |
Arizona |
2022-11-29 |
Denied |
Response WaivedIFP |
burden-of-proof constitutional-rights criminal-procedure due-process pre-accusation-delay prejudice prosecutorial-delay prosecutorial-discretion statute-of-limitations witness-testimony |
What is the proper standard for evaluating pre-accusation delay? |
| 22-6163 |
Noel Brown v. New York |
New York |
2022-11-29 |
Denied |
Relisted (2)IFP |
criminal-procedure due-process fourth-amendment ineffective-assistance ineffective-assistance-of-counsel miranda-rights probable-cause speedy-trial |
Does the substantial holding in United States of America V. Demario CHATMON, (2nd Cir.), the court held"that because the initial seizure of defendant … |
| 22-6166 |
Raymond Mendez v. United States |
Ninth Circuit |
2022-11-29 |
Denied |
Response WaivedIFP |
circuit-court-review criminal-procedure drug-quantity due-process hearsay hearsay-evidence judicial-procedure sentencing sentencing-guidelines supervisory-power |
Throughout three cycles of 18 U.S.C. § 3582(c)(2) proceedings, the district court has denied Raymond Mendez a reduction to his life sentence based on … |
| 22-6168 |
Jose Santos Perez-Gonzalez v. United States |
Fifth Circuit |
2022-11-29 |
Denied |
Response WaivedIFP |
constitutional-law criminal-law criminal-procedure judicial-precedent legal-review precedent-overturning recidivism sentencing stare-decisis statutory-interpretation supreme-court-review |
Whether this Court should overrule its decision in Almendarez-Torres v. United States, 523 U.S. 224 (1998). |
| 22-6172 |
Terry L. Benson v. United States |
Sixth Circuit |
2022-11-29 |
Denied |
Response WaivedIFP |
aggravated-identity-theft civil-rights constitutional-rights criminal-procedure due-process frcp identity-theft jury-of-peers personal-jurisdiction rule-60b writ-of-mandamus |
1. Appeal from originating case from the case No. 2:19-cr-20065-lmsn Appealed to the case No. 21-6064 Affirming Aggrivated Identity theft ason record … |
| 22-6156 |
Peter Ivan McNeal v. Dean Borders, Warden |
Ninth Circuit |
2022-11-28 |
Denied |
Response WaivedIFP |
criminal-procedure due-process eighth-amendment evidentiary-hearing exculpatory-evidence habeas-corpus ineffective-assistance ineffective-assistance-of-counsel memory-expert taint-expert trial-counsel |
Whether the California courts' unreasonable refusal to hold an evidentiary hearing on petitioner's claims of ineffective assistance of counsel, combin… |
| 22-6157 |
Carlton McKissic v. Shawn Emmons, Warden |
Eleventh Circuit |
2022-11-28 |
Denied |
IFP |
appellate-jurisdiction constitutional-interpretation criminal-procedure due-process equal-protection judicial-procedure legal-interpretation plea-bargaining right-to-counsel sentencing state-court-review |
WHy Have All other Courts ignored the Plea bargain
(1
Process
And Procedures Afforded to me, As my
Faulf 1is Mot
raiseing the issue earlier?
2.
Why wa… |
| 22-496 |
Jheshua Daniel Jackson v. Colorado |
Colorado |
2022-11-28 |
Denied |
Response Waived |
criminal-procedure due-process fourteenth-amendment in-absentia-trial right-to-counsel sixth-amendment trial-in-absentia |
1. Do the Sixth and Fourteenth Amendments to the
United States Constitution permit a court to deny a
criminal defendant his request for appointment of… |
| 22-491 |
Raymond Delgado v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2022-11-23 |
Denied |
Response Waived |
criminal-procedure custodial-interrogation fifth-amendment ineffective-assistance miranda-rights miranda-v-arizona motion-to-suppress right-to-counsel right-to-remain-silent sixth-amendment suppression-of-confession |
Whether Delgado was denied effective assistance of counsel by his counsel's failure to file a motion to suppress his confession given in response to c… |
| 22-6129 |
Artak Ovsepian v. United States |
Ninth Circuit |
2022-11-23 |
GVR |
Relisted (2)IFP |
certiorari criminal-procedure dubin-case due-process habeas-corpus ninth-circuit petition-for-writ remand supreme-court supreme-court-procedure vacatur |
Whether this Court should hold this petition and then grant, vacate, and remand for reconsideration in light of the pending opinion in Dubin v. United… |
| 22-6133 |
David Priester v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2022-11-23 |
Denied |
Response WaivedIFP |
anders-review constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel miranda-rights right-to-counsel sentencing-mitigation voluntariness waiver-of-counsel |
Battery or identify theft, where one pays inconsistent testimony battery, and the statute of grand theft? Is
Does the petitioner have a due process r… |
| 22-6150 |
Walter Raglin v. Tim Shoop, Warden |
Sixth Circuit |
2022-11-23 |
Denied |
IFP |
capital-murder capital-punishment closing-arguments criminal-procedure ineffective-assistance procedural-bar res-judicata state-procedural-bar trial-counsel voir-dire |
1. Whether a capital defendant is deprived of the effective assistance of trial counsel when his lawyers repeatedly concede guilt of aggravated murder… |
| 22-6130 |
Darvill Jimmy Joseph Bragg v. United States |
Eighth Circuit |
2022-11-22 |
Denied |
IFP |
categorical-approach circuit-split criminal-procedure criminal-sentencing gonzales-v-duenas-alvarez mens-rea sentencing-enhancement statutory-interpretation taylor-v-united-states |
Whether plainly overbroad statutory language is sufficient to establish a prior state conviction is broader than the generic definition of a criminal … |
| 22-6135 |
Monzell Harding v. United States |
Ninth Circuit |
2022-11-22 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure district-court-discretion evidence extrinsic-evidence rico rico-conspiracy rule-404(b) rule-404b trial-error uncharged-crimes |
Was the district court required by Huddleston v. United States, 485 U.S. 681 (1988) and Rule 404(b) to cure the reversible trial error that resulted f… |
| 22-6137 |
Bryan Thornton v. United States |
Third Circuit |
2022-11-22 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-sentencing district-court first-step-act intervening-legal-developments legal-developments retroactivity section-404(b) sentencing-reduction statutory-interpretation |
1.) The question presented here is the same as that presented in Concepcion v. United States, No. 20-1650, on which this Court granted certiorari on S… |
| 22-6138 |
Michael Lindell Teasley v. United States |
Eighth Circuit |
2022-11-22 |
Denied |
Response WaivedIFP |
abuse-of-discretion civil-rights court-of-appeals criminal-procedure district-court due-process eighth-circuit equal-protection judicial-discretion non-violent-offenses sentencing sentencing-guidelines |
bh pid the Gort of pepeals fp the Eight Cikwuit, South cn Piswier oF Towa, abuse its diduetin by vhlizing the Cer wero Feendeg guidelines, whi dh phim… |
| 22-485 |
Kenneth Charles McNeil v. United States |
Ninth Circuit |
2022-11-22 |
Denied |
Response Waived |
all-writs-act coram-nobis courts-of-equity criminal-judgment criminal-procedure equity evidentiary-hearing federal-courts habeas-corpus statutory-interpretation |
Whether federal courts of equity had jurisdiction to correct criminal judgments after completion of the sentence, and, if so, whether federal courts v… |
| 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 in Hemphill v. New York, 142 S. Ct. 681 (2022), was "so unimpo… |
| 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 |
WHY WAS BAXTER DENIED THE DUE PROCESS OF LAW BY WAY OF BEING TRIED IN ABSENTIA AT TRIAL?
WHY DID THE JUDICIAL SPILLOVER EFFECT OF BEING RE-INCARCERAT… |
| 22-6125 |
Carlos Bladimir Rodriguez-Juarez v. United States |
Fifth Circuit |
2022-11-21 |
Denied |
Response WaivedIFP |
case-law criminal-appeal criminal-procedure due-process fifth-circuit judicial-precedent recidivism sentencing statutory-interpretation supreme-court-precedent supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-6095 |
Owen Garth Hinkson v. United States |
Fifth Circuit |
2022-11-18 |
Denied |
Response WaivedIFP |
aggravated-felony appellate-waiver constitutional-challenge criminal-procedure due-process immigration immigration-law ineffective-assistance sentencing sentencing-enhancement vacated-conviction |
Whether the district court can sentence Mr. Owen Garth Hinkson, to a statute of 8 U.S.C. § 1326(b)(2), 20 years imprisonment when his 1987 Massachuset… |
| 22-6098 |
Quartshezz Leonard Lewis v. Texas |
Texas |
2022-11-18 |
Denied |
IFP |
burden-of-proof civil-rights constitutional-interpretation constitutional-law court-procedure criminal-procedure due-process equal-protection judicial-error legal-review statutory-analysis |
Question not identified. |
| 22-6099 |
Robert Lewis v. Hoke County, North Carolina, et al. |
Fourth Circuit |
2022-11-18 |
Denied |
IFP |
access-to-courts civil-procedure civil-rights constitutional-review criminal-procedure due-process equal-protection fourth-circuit habeas-corpus judicial-interpretation procedural-default standing |
What inhibits a Court of Appeals' discretion to invoke the waiver doctrine?
Whether a court of appeals should apply the waiver doctrine to a litigant… |
| 22-6106 |
David Shane Paquette v. United States |
Eleventh Circuit |
2022-11-18 |
Denied |
Response WaivedIFP |
appeal-waiver circuit-split contract-law criminal-procedure defendant-rights due-process plea-agreement |
Whether an appeal-waiver provision in a plea agreement is enforceable when the agreement provides the defendant with no benefit. |
| 22-6108 |
Jose Luis Ramirez, Jr., aka Zachary Matthew Johnson v. United States |
Fourth Circuit |
2022-11-18 |
Denied |
Response WaivedIFP |
appeal-waiver criminal-conviction criminal-procedure fourth-circuit ineffective-assistance-of-counsel money-laundering plea-agreement plea-bargaining securities-fraud |
1. WHETHER THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT ERRED IN DISMISSING THE PETITIONER'S MERITORIOUS APPEAL OF HIS CONVICTION OF SECU… |
| 22-6109 |
Dustin Wayne Randall v. United States |
Ninth Circuit |
2022-11-18 |
Denied |
IFP |
circuit-split criminal-law criminal-procedure double-jeopardy due-process non-indigent-defendant special-assessment statutory-construction statutory-interpretation |
The question presented is whether 18 U.S.C. § 3014, once triggered by a qualifying conviction, requires a non-indigent defendant to pay a single addit… |
| 22-474 |
Laddie Huffman, et al. v. Rachel Harris |
Fifth Circuit |
2022-11-18 |
Dismissed |
Response RequestedResponse Waived |
civil-rights constitutional-duties criminal-procedure detention due-process fifth-circuit mental-health qualified-immunity schizophrenic-inmate section-1983 |
In a Section 1983 action against county sheriffs arising from the detention of an incompetent criminal defendant, a court must grant qualified immunit… |
| 22-6083 |
Aaron Jay Pierce v. Utah |
Utah |
2022-11-17 |
Denied |
Response WaivedIFP |
coercion constitutional-rights criminal-procedure due-process evidence-collection impeachment interrogation-tactics law-enforcement police-interrogation right-to-counsel self-incrimination |
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were obfai^erf fmfx>lf*e. l.vfer/no^rh 'o^/
vioj^Hom erf1 Co/vstffiAfro^ ! ^4 tafesrh£~ 0/Sfr/crf~ £oti*rf~j rfn^ 5… |
| 22-6063 |
Naomi Michelle Gutierrez v. United States |
Fifth Circuit |
2022-11-16 |
Denied |
Response WaivedIFP |
5th-circuit criminal-procedure drug-offense due-process fifth-circuit firearm-enhancement presumption sentencing-guidelines tools-of-the-trade |
Whether the Fifth Circuit's practice of applying a tools-of-the-trade presumption to the firearm enhancement of sentencing guidelines §2D1.1(b)(1) vio… |
| 22-6065 |
Samirkumar J. Shah v. United States |
Third Circuit |
2022-11-16 |
Denied |
Response WaivedIFP |
adversarial-process conflict-of-interest criminal-procedure disqualification disqualification-motion due-process evidentiary-hearing prosecutorial-ethics prosecutorial-misconduct |
The situation in this case raises the question of whether the Petitioner, Samirkumar Shah, a practicing cardiologist whose former attorney, Tina Mille… |
| 22-6066 |
Brent Stephens v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-11-16 |
Denied |
IFP |
28-usc-2244 28-usc-2254 appeal appeal'\n\n'Whether the Federal Court of Appeals f appeal'\n\n'Whether the U.S. District Court Magist appellate-procedure certificate-of-appealability criminal-procedure due-process exhaustion exhaustion'\n\n'Whether the Federal Court of Appea federal-statute fifth-circuit habeas-corpus judicial-deference jury-trial jury-verdict magistrate-bar procedural-bar sentencing standard-of-review standard-of-review'\n\n'Whether the U.S. District trial-court-authority |
QUESTION A: Whether the Trial Court had the authority to supplant
the verdict of the jury on punishment?
QUESTION B: Whether the U.S. District Court … |
| 22-6076 |
Joseph Rauber v. United States |
Eighth Circuit |
2022-11-16 |
Denied |
Relisted (3)IFP |
circuit-split criminal-procedure criminal-sentencing drug-offenses mandatory-minimum safety-valve sentencing-statute statutory-interpretation |
The federal sentencing statute contains a "safety valve" that protects defendants from mandatory minimum sentences if they meet certain criteria. 18 U… |
| 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 |
1. Did the trial court, by prohibiting me from impeaching the lead detective with extrinsic evidence specifically contradicting his testimony on direc… |
| 22-6078 |
James Wesley Scott v. Jacqueline Banks |
Fifth Circuit |
2022-11-16 |
Denied |
Response WaivedIFP |
civil-rights constitutional-law constitutional-rights criminal-procedure due-process judicial-process mississippi post-conviction-relief speedy-trial supreme-court-review |
I. Should BArker v. Wing0's, 407 U.5.S14, 92 S.Ct. 2182.33L.EL.2d 101 (1972) FOur FACtOrS iN determing when An Accused Right to A Speedy triAl hAs bee… |
| 22-6079 |
Teshome Sok Sameru v. Minnesota |
Minnesota |
2022-11-16 |
Denied |
IFP |
civil-rights criminal-procedure due-process evidence self-incrimination witness |
Question not identified. |
| 22-6084 |
Jerry Bonton v. David R. Harris, Superintendent, Green Haven Correctional Facility |
Second Circuit |
2022-11-16 |
Denied |
Response WaivedIFP |
appellate-review civil-procedure civil-rights constitutional-rights criminal-procedure due-process free-speech medical-privacy mental-health-history standing trial-rights |
Question not identified. |
| 22-464 |
United States v. Saleem Hakim |
Eleventh Circuit |
2022-11-16 |
Denied |
|
appellate-review automatic-vacatur criminal-procedure judicial-discretion pretrial-procedure right-to-counsel self-representation structural-error |
Whether a defendant's erroneous pretrial self-representation categorically constitutes structural error, thereby requiring automatic vacatur of the co… |
| 22-6058 |
Justin David Martin v. United States |
Sixth Circuit |
2022-11-15 |
Denied |
Response WaivedIFP |
court-of-record criminal-procedure evidence evidence-admission federal-prosecution procedural-error record search-warrant structural-error waiver |
1. As Courts of the United States are Courts of Record, is it structural error for the federal Prosecution to rely upon a state search warrant for the… |
| 22-6051 |
Arriba Lewis v. United States |
Seventh Circuit |
2022-11-14 |
Denied |
Response WaivedIFP |
4th-amendment 5th-amendment 6th-amendment career-offender criminal-procedure ineffective-assistance motion-to-suppress racial-profiling selective-enforcement sentencing-enhancement sixth-amendment |
QUESTON NUMBER ONE:
Petitioner Lewis' ex-lawyer provided him with ineffective assistance of counsel by a Motion to Quash and Suppress and failing to c… |
| 22-6035 |
Michael Andra Reed, aka Mychal Andra Reed v. California |
California |
2022-11-10 |
Denied |
IFP |
constitutional-challenge criminal-appeal criminal-procedure due-process equal-protection indigent-litigants indigent-rights pro-se pro-se-litigant time-bar time-limits |
DOES THE STATE OF CALIFORNIA CRIMINAL APPEAL TIME LIMIT
(TIME BAR) VIOLATE THE U.S. CONSTITUTION'S 14TH AMNEDMENT
EQUAL PROTECTION CLAUSE PERTAINING… |
| 22-6037 |
Spencer Jean v. United States |
Second Circuit |
2022-11-10 |
Denied |
Response WaivedIFP |
18-usc-924c 6th-amendment criminal-procedure disclosure-requirements due-process expert-witness fair-trial government-misconduct rule-16-disclosure sixth-amendment |
I. This Court should Grant certiorari review, Vacate the lower court's judgment, and Remand the case (GVR) based on the court of appeals error in affi… |
| 22-6038 |
Gabriel Mangum v. United States |
Eighth Circuit |
2022-11-10 |
Denied |
Response WaivedIFP |
18-usc-751 5th-amendment criminal-procedure double-jeopardy escape-from-custody fifth-amendment residential-reentry-center statutory-interpretation supervised-release |
1. Whether Petitioner's 5" Amendment Double Jeopardy rights were violated when he was punished twice for the same conduct, to wit: Escape from Custody… |
| 22-6042 |
Ryan Hayes v. United States |
First Circuit |
2022-11-10 |
Denied |
Response WaivedIFP |
appeal-waiver criminal-procedure discretionary-review due-process equal-protection first-circuit sentencing |
I. Whether considerations of equal protection and due process required
the First Circuit to entertain Mr. Hayes' appeal where Mr. Hayes had
not challe… |
| 22-6043 |
Jose Rene Cante-Dondiego v. United States |
Fifth Circuit |
2022-11-10 |
Denied |
Response WaivedIFP |
alleyne almendarez-torres appellate-procedure apprendi constitutional-interpretation criminal-law criminal-procedure due-process judicial-review precedent-reconsideration sentencing supreme-court-review |
Whether this Court should consider the continuing validity of Almendarez-Torres v. United States, 523 U.S. 244 (1998), in light of the reasoning of Ap… |
| 22-6026 |
Robert C. Stryker v. Wisconsin |
Wisconsin |
2022-11-09 |
Denied |
Response WaivedIFP |
computer-evidence computer-files criminal-procedure evidence fourth-amendment search-and-seizure social-worker-patient-privilege social-worker-privilege state-court-review warrantless-search |
• Were the petitioner's Fourth Amendment rights violated when the contents of computer
files held in evidence against him were revealed in warrantless… |
| 22-6010 |
Christopher Lamont Penn v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-11-08 |
Denied |
IFP |
appeals civil-rights criminal-procedure due-process ex-post-facto retroactivity |
I feel railroaded And why was my Question 1 Counsel filed to ASK when vof A MIStNAl my verdict WAS Shanged 4ovt $13 Guilty Not 2f 4 |
| 22-6013 |
Damian Robert Guthary v. United States |
Fourth Circuit |
2022-11-08 |
Denied |
Response WaivedIFP |
18-usc-922g criminal-law criminal-procedure guilty-plea mens-rea plain-error rehaif rehaif-error statutory-interpretation |
Whether Petitioner satisfies Greer's plain error standard for relief from Rehaif error arising from his guilty plea under 18 U.S.C. § 922(g) where the… |
| 22-6017 |
Reginald Eugene Grimes, Sr. v. United States |
Eleventh Circuit |
2022-11-08 |
Dismissed |
Response WaivedRelisted (2)IFP |
certificate-of-appealability criminal-procedure due-process eleventh-circuit false-testimony perjury plain-error prosecutorial-misconduct sentencing sentencing-hearing |
(1) DID THE HONORABLE ELEVENTH CIRCUIT COURT OF APPEALS IN ATLANTA, GEORGIA
COMMIT "PLAIN AND OBVIOUS ERROR" BY DENYING PETITIONER'S REQUEST FOR A
C… |
| 22-6020 |
John M. Esposito v. Florida |
Florida |
2022-11-08 |
Denied |
IFP |
citizens-rights civil-rights constitutional-violation criminal-procedure criminal-prosecution due-process federalism legal-challenge preemption statutory-interpretation void-ab-initio void-statute |
IS THE STATE OF FLORIDA VIOLATING THE UNITED STATES CONSTITUTION BY PROSECUTING AND CONVICTING U.S. CITIZENS UNDER § 794.011, FLORIDA STATUTES, A VOID… |
| 22-6021 |
George Guo v. Texas |
Texas |
2022-11-08 |
Denied |
Relisted (2)IFP |
capital-murder criminal-procedure delayed-death-homicide due-process ex-post-facto fair-warning jackson-standard statute-of-limitations structural-error |
1. Under the Jackson standard and per Garrett v. U.S. 471 U.S. 779,1791, is this conviction of
Texas Penalty code §19.03 (a) (2) capital murder a "Vo… |
| 22-6022 |
Shimar Jamal Dean Thompkins v. United States |
Sixth Circuit |
2022-11-08 |
Denied |
Response WaivedIFP |
circuit-precedent criminal-law criminal-procedure diversionary-disposition due-process federal-charging federal-jurisdiction judicial-interpretation sentencing sentencing-enhancement sixth-amendment statutory-interpretation |
Whether a defendant's prior diversionary disposition in a felony case can be considered both an indictment and a conviction for federal charging and s… |
| 22-6023 |
Tonatihu Aguilar v. Ryan Thornell, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. |
Ninth Circuit |
2022-11-08 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
criminal-procedure eighth-amendment juvenile-offender juvenile-sentencing life-without-parole mandatory-sentencing miller-v-alabama parole-abolition sentencing-reform |
When a state abolishes its parole system, does it create a mandatory life-without-parole sentence that, when imposed on a juvenile homicide offender, … |
| 22-6024 |
Orentha James Pea v. United States |
Fifth Circuit |
2022-11-08 |
Denied |
Response WaivedIFP |
consent consent-search criminal-procedure fernandez-rule fernandez-v-california fourth-amendment physical-presence randolph-exception randolph-v-california search-and-seizure warrantless-search |
In Fernandez v. California, 571 U.S. 292, 306, 134 S. Ct. 1126, 1136, 188 L. Ed. 2d 25 (2014), this Court acknowledged that, if "Randolph requires pre… |
| 22-6025 |
Christopher Alan Mitchell v. United States |
Sixth Circuit |
2022-11-08 |
Denied |
Response WaivedIFP |
appellate-review concurrent-sentences criminal-procedure district-court final-order finality habeas-corpus section-2255 sentencing sentencing-range statutory-interpretation |
(1) Is an order granting relief and resentencing under 28 U.S.C. § 2255 final when the order changes the statutory sentencing range such that the dist… |
| 22-6027 |
Cedric Joseph Rue, Jr. v. Ryan Thornell, Director, Arizona Department of Corrections, Rehabilitation and Reentry |
Ninth Circuit |
2022-11-08 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
criminal-procedure eighth-amendment eighth-amendment-interpretation juvenile-offender juvenile-sentencing life-without-parole mandatory-sentencing parole-abolition sentencing-discretion |
When a state abolishes its parole system, does it create a mandatory life-without-parole sentence that, when imposed on a juvenile homicide offender, … |
| 22-5997 |
Tarence Kirkland v. New York |
New York |
2022-11-07 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure criminal-sentencing criminal-verdict cross-examination due-process evidence fair-trial identification legal-sufficiency second-degree-offense weight-of-evidence |
1. (Louv'V sP^eVna\ decision on Kocin(|ue'2_C.Xcie 'rv\-\^icMvorv) ArA SancAoVS. I (oSe c£pnoc Cr\'or ve5 > arA &c,\s on. CroSS-exannr n<3'bork) 9veso… |
| 22-5998 |
Jeffrey Wingate v. United States |
Sixth Circuit |
2022-11-07 |
Denied |
Response WaivedRelisted (2)IFP |
18-usc-3553 bureau-of-prisons criminal-procedure due-process mitigating-evidence rule-35 rule-35-resentencing sentencing sentencing-factors |
1) Whether due process is violated when, in the event a defendant
submits mitigating evidence in a rule 35 (b) resentencing that has a
connection to… |
| 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 |
Did the trial Court commit reversable error by removing Petitioner from the courtroom and forcing him to watch his trial via closed circuit monitoring… |
| 22-422 |
Kendall Streb v. United States |
Eighth Circuit |
2022-11-07 |
Denied |
Response WaivedRelisted (2) |
abuse-of-discretion brady-violation civil-procedure criminal-procedure discovery due-process evidence-concealment government-misconduct hearing prosecutorial-misconduct witness-payments |
When the government intentionally conceals Brady evidence (payments and benefits to witnesses) on the eve of trial - in violation of DOJ policy, ABA S… |
| 22-419 |
Cedric Chanu v. United States |
Seventh Circuit |
2022-11-04 |
Denied |
|
circuit-split commodities-exchange criminal-procedure ends-of-justice financial-misrepresentation financial-transaction implied-misrepresentation speedy-trial-act wire-fraud |
(1) Whether the federal wire fraud statute criminalizes any "implied misrepresentation" that induces another to enter into a financial transaction, ev… |
| 22-5976 |
Ricky Pendleton v. Donnie Ames, Superintendent, Mount Olive Correctional Complex |
West Virginia |
2022-11-04 |
Dismissed |
Response WaivedIFP |
constructive-amendment criminal-procedure double-jeopardy fifth-amendment grand-jury ineffective-assistance-of-counsel ineffective-counsel jurisdiction malicious-assault robbery sixth-amendment |
Under the Constructive Amendment, any substantial amendment, direct or indirect, of an indictment must be resubmitted to the grand jury. Pendleton new… |
| 22-5990 |
Leroy Brooks v. United States |
Third Circuit |
2022-11-04 |
Denied |
Response WaivedIFP |
3553a-factors abuse-of-discretion compassionate-release criminal-justice criminal-procedure district-court district-court-discretion extraordinary-reasons judicial-review sentence-reduction sentencing |
1. Whether the district court abused its discretion in denying Petitioner's motion for compassionate release/reduction in sentence. |
| 22-5991 |
Glenn Randall Ferguson v. United States |
Tenth Circuit |
2022-11-04 |
Denied |
Response WaivedIFP |
18-usc-4241 child-pornography competency criminal-competency criminal-procedure due-process evidence federal-courts mental-health rule-403 |
1. When a district court has found a criminal defendant to be incompetent pursuant to 18 U.S.C. § 4241, and the defendant is then sent to a BOP facili… |
| 22-5992 |
Andre Jenkins v. United States |
Second Circuit |
2022-11-04 |
Denied |
Response WaivedIFP |
circumstantial-evidence criminal-conviction criminal-procedure due-process joint-defense motion-for-acquittal severance trial-procedure witness-credibility |
1. In a case where the proof against petitioner was wholly circumstantial and the eyewitnesses that were necessary to assign his conduct to those circ… |
| 22-5993 |
Malik Ross v. United States |
Eighth Circuit |
2022-11-04 |
Denied |
Response RequestedResponse WaivedRelisted (10)IFP |
criminal-procedure due-process fifth-amendment preponderance-of-evidence reasonable-doubt sentencing sentencing-guidelines substantive-reasonableness |
Does a judge deny a defendant's Fifth Amendment rights by increasing a prison sentence based on disputed facts the Court did not find beyond a reasona… |
| 22-5994 |
Kevin Leon Lucien v. Texas |
Texas |
2022-11-04 |
Denied |
IFP |
criminal-procedure duty-to-investigate ineffective-assistance ineffective-assistance-of-counsel mental-health mitigating-evidence punishment standard-of-review trial-counsel voluntary-intoxication |
1. Was trial counsel ineffective for failing to investigate and present evidence of voluntary intoxication as mitigating evidence at punishment?
2. W… |
| 22-5981 |
Jose Refugio Nieto-Uribe v. United States |
Fifth Circuit |
2022-11-03 |
Denied |
Response WaivedIFP |
case-review constitutional-law criminal-procedure due-process judicial-interpretation legal-precedent recidivism sentencing stare-decisis statutory-interpretation supreme-court-precedent |
Whether Almendarez-Torres v. United States, 523 U.S. 224 (1998)
should be overruled. |
| 22-5985 |
Islam Yaser-Abdel Said v. United States |
Fifth Circuit |
2022-11-03 |
Denied |
Response WaivedIFP |
appellate-review constitutional-challenge criminal-defendants criminal-procedure facial-attacks facial-vagueness first-amendment johnson-v-united-states sentencing-review substantive-reasonableness substantive-reasonableness-review unconstitutionally-vague |
1. Whether criminal defendants challenging a statute as unconstitutionally
vague may raise facial attacks in cases not involving the First Amendment?
… |
| 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… |
| 22-5988 |
Clemente Hernandez-Garcia v. United States |
Ninth Circuit |
2022-11-03 |
Denied |
Response WaivedIFP |
appellate-review batson-challenge batson-v-kentucky criminal-procedure discriminatory-intent equal-protection judicial-standard ninth-circuit peremptory-challenges peremptory-strike racial-discrimination |
If a trial court legally errs at step three of Batson, may an appellate court resolve the factual question of whether a party acted with discriminator… |
| 22-5970 |
David Antoine Luster v. R. M. Wolfe, Warden |
Fourth Circuit |
2022-11-02 |
Denied |
Response WaivedIFP |
18-usc-2113(d) 924(c)(3)(a) armed-bank-robbery borden-v-united-states categorical-approach criminal-procedure mens-rea plea-bargaining sentencing statutory-interpretation |
Question of Law : In light of Borden v. United States, 141 S.Ct. 1821 (2021), under the categorical approach the element narrow enough to be deemed a … |
| 22-5977 |
Bonerge Benitez-Marquez v. United States |
Fifth Circuit |
2022-11-02 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-conviction sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 22-5978 |
Richard R. Crawford v. United States |
Sixth Circuit |
2022-11-02 |
Denied |
Response WaivedIFP |
arbitrary-and-capricious arbitrary-capricious certificate-of-appealability constitutional-rights criminal-procedure detention-versus-arrest due-process evidentiary-hearing sworn-testimony |
WHETHER A DETERMINATION BY THE LOWER COURTS THAT THE
OFFICERS ONLY DETAINED THE PETITIONER, AND NOT ARRESTED HIM,
WHICH FINDING WAS IN DIRECT CONFLICT… |
| 22-5980 |
Arius Hopkins v. United States |
Second Circuit |
2022-11-02 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process evidence evidence-admissibility fair-trial federal-rules-of-evidence grand-jury rule-404(b) trial-fairness |
Whether the admission of evidence of prior alleged conduct similar to the crime on trial and dismissed by a grand jury, which was noticed for one purp… |
| 22-5956 |
Charles Wallace v. Louisiana |
Louisiana |
2022-11-01 |
Dismissed |
Response WaivedIFP |
14th-amendment civil-rights constitutional-rights criminal-procedure due-process equal-protection jury-trial jury-unanimity retroactivity state-constitution state-jurisdiction |
ARE NONUNANIMOUS INSTRUCTED CASES RIPE TO REMOVAL via 28 U.S.C.A. §1443?
DOES THE UNITED STATE CONSTITUTION AND AMENDMENTS IN AND OF ITSELF VOID AND … |
| 22-5962 |
Marquis Donte Brown v. United States |
Ninth Circuit |
2022-11-01 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-sentencing due-process judicial-review post-booker-hearing safety-valve sentencing-discretion sentencing-guidelines statutory-interpretation |
1. WHETHER THE DISTRIC T COURT ERRED BY IMPOSING AN
UNLAW FUL SEN TENCE CONTRARY TO THE MANDATES OF § 3553(a)
AND §3553(f)(5) WHICH PRECLUDE USE OF IN… |
| 22-5964 |
Shaun Michael Farrington v. United States |
Eighth Circuit |
2022-11-01 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure due-process impartial-jury implied-bias judicial-discretion jury-impartiality sixth-amendment standing |
1. The circuit courts divide regarding Smith v. Phillips implication of implied bias. This Court should decide whether the Sixth Amendment right to an… |
| 22-5966 |
Malachi Henessey Rodriguez v. Minnesota |
Minnesota |
2022-11-01 |
Denied |
Response WaivedIFP |
burden-of-proof character-evidence civil-rights coercion consent constitutional-rights criminal-procedure due-process evidence-admission reasonable-doubt |
1. The state failure to prove beyond a reasonable doubt that the petitioner used coercion where there was no evidence that NC communicated lack of con… |
| 22-5967 |
Hunter Halver Brown v. Alabama |
Alabama |
2022-11-01 |
Denied |
IFP |
covid-19 covid-restrictions criminal-procedure due-process evidence interstate-agreement-on-detainers restitution speedy-trial trial-timeline |
I- Whether Hunter Brown's Covington, County, Al. Charges in CASE NO. :CC-20-303. should've been dismissed pursuant to the Interstate Agreement on Deta… |
| 22-5968 |
Grant Manaku v. United States |
Ninth Circuit |
2022-11-01 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fourth-amendment law-enforcement rule-41 search-warrant warrant-service |
When executing a search warrant, agents disassembled the ir five-page warrant , disregarded homeowners' repeated requests for a copy of the warrant , … |
| 22-5936 |
Demetrius Troy Bradley v. Michigan |
Michigan |
2022-10-31 |
Denied |
IFP |
acquitted-conduct constitutional-law criminal-procedure due-process fourteenth-amendment jury-trial jury-trial-rights sentencing sentencing-discretion sixth-amendment |
1. Do the jury-trial and due process guarantees of the Sixth and Fourteenth Amendments prohibit judges from considering, at sentencing in a criminal c… |
| 22-5947 |
Kevin Johnson v. Missouri |
Missouri |
2022-10-31 |
Denied |
IFP |
criminal-procedure criminal-trial death-penalty eighth-amendment juror-misconduct juvenile-justice mental-health mental-impairment racial-bias |
1. In light of a court's duty to issue a remedy that "neutralize[s] the taint of a constitutional violation" while avoiding the grant of "a windfall t… |
| 22-5949 |
Oswaldo Omar Ramirez-Ortiz v. United States |
Fifth Circuit |
2022-10-31 |
Denied |
Response WaivedIFP |
case-law criminal-appeal criminal-procedure due-process fifth-circuit judicial-precedent jury-trial sentencing stare-decisis statutory-interpretation supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez- Torres v. United States, 523 U.S. 244 (1998)? |
| 22-5950 |
Antonio Ramirez-Juan v. United States |
Fifth Circuit |
2022-10-31 |
Denied |
Response WaivedIFP |
Almendarez-Torres-v-United-States Apprendi-v-New-Jersey court-of-appeals criminal-procedure due-process fifth-circuit jury-trial legal-review sentencing supreme-court writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-5953 |
Robert Lee Swinton v. New York |
New York |
2022-10-31 |
Denied |
Response WaivedIFP |
appeal-of-right appellate-procedure constitutional-rights criminal-procedure due-process ineffective-assistance-of-counsel notice-of-appeal procedural-default right-to-appeal |
After a defendant has shown his counsel a desire to appeal, can counsel take a defendant's appeal of right and fail to file a Notice of Appeal in the … |
| 22-399 |
Adam Dean Brown v. Florida Department of Corrections |
Eleventh Circuit |
2022-10-31 |
Denied |
|
accident-reconstruction burden-of-proof certificate-of-appealability criminal-procedure criminal-trial due-process evidence expert-testimony ineffective-assistance-of-counsel prosecutorial-misconduct traffic-accident |
Did Petitioner satisfy the burden for the issuance of a certificate of appealability on his ineffective assistance of counsel claims where his trial a… |
| 22-402 |
James Vorley v. United States |
Seventh Circuit |
2022-10-31 |
Denied |
|
circuit-split criminal-procedure district-court ends-of-justice implied-misrepresentation speedy-trial-act statutory-interpretation wire-fraud |
1. Whether, as the Seventh and Ninth Circuits hold, a "scheme or artifice to defraud" under the wire fraud statute, 18 U.S.C. § 1343, encompasses an "… |
| 22-398 |
Marcos F. Santiago v. J. C. Streeval |
Seventh Circuit |
2022-10-28 |
Denied |
Relisted (2) |
criminal-law criminal-procedure due-process felon-status knowledge-requirement post-conviction-relief postconviction-relief rehaif-standard rehaif-v-united-states sentencing-relief |
Whether a felon who has spent less than a year in custody is entitled to a presumption that he lacked knowledge of his felon status and therefore, abs… |
| 22-5931 |
Anthony Michael D'Amico v. United States |
Eleventh Circuit |
2022-10-28 |
Denied |
Response WaivedIFP |
arrest criminal-procedure due-process fair-trial juror juror-observation sixth-amendment witness witness-arrest |
Whether a person's Sixth Amendment right to a fair trial is violated when a juror witnesses a critical defense witness arrested outside the courtroom … |
| 22-5940 |
Hugo Villarreal-Solis v. United States |
Fifth Circuit |
2022-10-28 |
Denied |
Response WaivedIFP |
appeals compassionate-release criminal-justice criminal-procedure due-process fifth-circuit habeas-corpus judicial-discretion motion sentencing |
WHETHER IT WAS ERROR FOR THE FIFTH CIRCUIT TO DENY SOLIS' MOTION FOR COMPASSIONATE RELEASE? |
| 22-5941 |
Albert L. Watson v. Stu Sherman, Warden, et al. |
Ninth Circuit |
2022-10-28 |
Denied |
IFP |
constitutional-provisions criminal-procedure due-process en-banc-hearing ninth-circuit penal-code procedural-rules reasoned-opinion sixth-amendment state-law state-penal-code |
I.
WAS THE DISTRICT COURT'S USE OF STATE PENAL CODE
JUSTIFYING VIOLATION OF SIX AMENDMENT A CORRECT
APPLICATION OF STATE LAW ?
II.
WAS THE NINTH CI… |
| 22-5924 |
Carl Jones v. Pennsylvania |
Pennsylvania |
2022-10-27 |
Denied |
Response WaivedIFP |
appellate-procedure appellate-review constitutional-law constitutional-review criminal-procedure due-process evidentiary-standard legal-sufficiency self-defense standard-of-review sufficiency-of-evidence |
I. Does the well-settled standard and scope of review governing sufficiency-of-the-evidence claims - a standard and scope of constitutional dimension … |
| 22-5930 |
Davon Young v. United States |
Second Circuit |
2022-10-27 |
Denied |
Response WaivedIFP |
cause-and-prejudice circuit-split criminal-procedure criminal-statute habeas-corpus post-conviction-relief rehaif-v-united-states statutory-interpretation |
A claim not raised on direct review "may be raised in habeas [] if the defendant can [] demonstrate [] 'cause' and actual 'prejudice.'" Bousley v. Uni… |
| 22-5914 |
Dominique Lamar Johnson v. United States |
Fifth Circuit |
2022-10-26 |
Denied |
Response WaivedIFP |
18-usc-3583 administrative-violations criminal-procedure criminal-supervision district-court-discretion due-process liberty liberty-deprivation sentencing sentencing-guidelines statutory-interpretation |
Whether the District Court acted excessively by sentencing Petitioner to a sentence two and half times above the supervision guideline range for admin… |
| 22-5916 |
Randy Lee Lassiter, Jr. v. Virginia |
Virginia |
2022-10-26 |
Denied |
IFP |
brady-disclosure constitutional-rights criminal-procedure due-process exculpatory-evidence fair-trial |
The Virginia Supreme court Erred br AFfirming the court oF
Appeals Ruling Allowing Jaiihouse InFormant Ranvel Ramos to
TestiFy at Trial Because the Co… |
| 22-5917 |
In Re John David Stahlman |
|
2022-10-26 |
Denied |
IFP |
criminal-procedure discovery discovery-rights due-process fair-trial federal-rules-of-evidence habeas-corpus harmless-error |
1.) DID THE COURT OF APPEALS FOR THE ELEVENTH CIRCUIT VIOLATE PETITIONER'S
SUBSTANTIAL RIGHTS; TO INCLUDE HIS RIGHT TO A FAIR TRIAL, HIS RIGHT TO
DU… |
| 22-5921 |
Antwoyn Terrell Spencer v. United States District Court for the District of Minnesota |
Eighth Circuit |
2022-10-26 |
Dismissed |
Response WaivedIFP |
civil-rights criminal-procedure criminal-proceeding due-process grand-jury indictment mandamus personal-jurisdiction standing subject-matter-jurisdiction |
Question not identified. |
| 22-5908 |
Giles McGhee v. Darrel Vannoy, Warden |
Fifth Circuit |
2022-10-26 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fifth-amendment fourteenth-amendment in-re-winship ineffective-assistance jackson-v-virginia reasonable-doubt sixth-amendment |
1. Reasonable jurists would determine that Mr. McGhee was denied his right to Due Process of Law under the Fifth, Sixth and Fourteenth Amendments to t… |
| 22-5912 |
William Gonzalez-Ramirez v. United States |
Fifth Circuit |
2022-10-26 |
Denied |
Response WaivedIFP |
alleyne almendarez-torres appellate-procedure apprendi constitutional-law criminal-law criminal-procedure due-process precedent-analysis sentencing statutory-interpretation supreme-court-review |
Whether this Court should consider the continuing validity of Almendarez-Torres v. United States, 523 U.S. 244 (1998), in light of the reasoning of Ap… |
| 22-5900 |
Robert Bethel v. Ohio |
Ohio |
2022-10-25 |
Denied |
IFP |
brady-disclosure brady-v-maryland constitutional-rights criminal-procedure due-process exculpatory-evidence guilty-plea impeachment-evidence united-states-v-ruiz |
Whether there is a fundamental difference between material exculpatory and impeachment evidence when a guilty plea is involved, and does due process r… |
| 22-5909 |
Timmy Doucet v. Tim Hooper, Warden |
Fifth Circuit |
2022-10-25 |
Denied |
Response WaivedIFP |
brady-material criminal-procedure due-process expert-testimony fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel jackson-v-virginia reasonable-doubt sixth-amendment |
1. Reasonable jurists would determine that the evidence presented during trial was insufficient to convict Doucet of Aggravated Rape beyond a reasonab… |
| 22-5889 |
Michael Paul Jessup v. Ryan Thornell, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. |
Ninth Circuit |
2022-10-24 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
8th-amendment constitutional-law criminal-procedure eighth-amendment juvenile-offenders juvenile-sentencing life-without-parole mandatory-sentencing parole-abolition sentencing |
When a state abolishes its parole system, does it create a mandatory life-without-parole sentence that, when imposed on a juvenile homicide offender, … |
| 22-5890 |
Ronald William Brooks v. United States |
Fifth Circuit |
2022-10-24 |
Denied |
Response WaivedIFP |
appellate-waiver constitutional-challenge constitutional-law criminal-procedure due-process habeas-corpus miscarriage-of-justice plea-agreement plea-bargaining post-conviction-relief section-2255 |
Whether the boilerplate waiver of Petitioner's appellate and post-conviction rights contained within his plea agreement bars his claim under 28 U.S.C.… |
| 22-5893 |
Christopher Tavaris Dean v. Florida |
Florida |
2022-10-24 |
Denied |
Response WaivedIFP |
apprendi-exception apprendi-v-new-jersey criminal-procedure criminal-sentencing jury-clause prior-record-exception prison-releasee-reoffender sentencing-enhancement sixth-amendment state-prison |
Florida enhances the sentences for certain offenses —making the statutory maximum sentence also the statutory minimum sentence —if the defendant is a … |
| 22-5875 |
Bryan Protho v. United States |
Seventh Circuit |
2022-10-21 |
Denied |
Response WaivedIFP |
18-usc-3509 child-victim closed-circuit-testimony criminal-procedure district-court district-court-procedure statutory-interpretation testimony two-way-closed-circuit-television witness-testimony |
Whether 18 U.S.C. § 3509 requires a district court to question a child victim
on the record before to introducing the child victim 's testimony at tri… |
| 22-5882 |
Allen Calligan v. Frank Vanihel, Warden |
Seventh Circuit |
2022-10-21 |
Denied |
Response WaivedIFP |
criminal-procedure habitual-offender ineffective-assistance ineffective-assistance-of-counsel informal-plea-offer plea-bargaining prejudice sentencing sixth-amendment |
Mr. Calligan alleged that his trial counsel was ineffective for failing to inform him of an informal plea offer made by the prosecutor, which would ha… |
| 22-5869 |
Carlos Ivan Chavira-Montanez v. United States |
Fifth Circuit |
2022-10-19 |
Denied |
Response WaivedIFP |
alleyne almendarez-torres apprendi constitutional-interpretation criminal-law criminal-procedure due-process judicial-review precedent-analysis sentencing statutory-construction supreme-court-review |
Whether this Court should consider the continuing validity of Almendarez-Torres v. United States, 523 U.S. 244 (1998), in light of the reasoning of Ap… |
| 22-5870 |
Rodney Marshall v. Brian Williams, Warden, et al. |
Ninth Circuit |
2022-10-19 |
Denied |
Response WaivedIFP |
appeal certificate-of-appealability criminal-procedure criminal-sentencing double-jeopardy due-process fair-trial ninth-circuit sentencing |
1. Whether the Ninth Circuit erred by denying a certificate of appealability on the question of whether Mr. Marshall's right to be free from double je… |
| 22-5847 |
Lindsey Orr v. United States |
Eleventh Circuit |
2022-10-18 |
Denied |
Response WaivedIFP |
criminal-procedure due-process federal-sentencing judicial-discretion judicial-review sentencing sentencing-guidelines statutory-interpretation term-of-imprisonment |
WHEN ARE THE SECTION 3553 (d) FACTORS SATISFIED?
THE 3553 OPINION JUSTIFIED BASED UPON?
THE COMPLETION OF THE TERM OF IMPLEMENTATION SPECIFIED FROM … |
| 22-5854 |
Willie Ricardo Gordon v. United States |
Fourth Circuit |
2022-10-18 |
Denied |
Response WaivedIFP |
appeal criminal-procedure drug-crimes drug-weights fourth-circuit obstruction-of-justice presentence-investigation presentence-investigation-report sentencing |
1. Did the trial court err in accepting the findings of the presentence investigation report, regarding the weights of the drugs attributable to Mr. G… |
| 22-5856 |
Tracy J. McGill v. Oklahoma Department of Corrections |
Oklahoma |
2022-10-18 |
Denied |
IFP |
civil-rights criminal-procedure due-process federal-indian-law federal-law habeas-corpus jurisdiction state-court subject-matter-jurisdiction unreasonable-determination |
I, UketW OKlakomo, Court ef tf'un'aai Appeals t)e./uaj of ft ttesc-e-alaivt of An En ftelM U1c-K.a4a.1i Sm^n'-s Subject-Matter TvtrUA\^\on Lieu rn In … |
| 22-5858 |
Heather Nicole Trogdon v. United States |
Eighth Circuit |
2022-10-18 |
Denied |
Response WaivedIFP |
4th-amendment 5th-amendment criminal-procedure eighth-circuit evidence fourth-amendment inevitable-discovery inventory-search policy probable-cause |
Does the inevitable discovery doctrine apply when it is based on the expectation that an inventory search of an arrestee's backpack will occur at the … |
| 22-5862 |
Gregory Ramos v. United States |
Second Circuit |
2022-10-18 |
Denied |
Response WaivedIFP |
appeal constitutional-right criminal-procedure due-process effective-assistance-of-counsel habeas-corpus ineffective-assistance-of-counsel second-circuit sixth-amendment |
Whether the Second Circuit's determination that Petitioner was not denied his right to the effective assistance of counsel consistent with the Sixth A… |
| 22-5865 |
Charles Smith v. United States |
Ninth Circuit |
2022-10-18 |
Denied |
Response WaivedIFP |
appeal appellate-procedure criminal-conviction criminal-procedure jurisdiction jurisdictional-defect ninth-circuit plea-agreement sentencing waiver |
Whether the Ninth Circuit erred in dismissing the appeal when Mr. Smith's plea agreement contains a count of conviction and resulting sentence that is… |
| 22-5867 |
Monica McCarrick v. Janelle Espinoza, Warden |
Ninth Circuit |
2022-10-18 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process evidence first-degree-murder meaningful-defense mental-health paranoid-delusions premeditation trial-court-evidence |
1. Does an objectively unreasonable violation of the Constitutional right to present a meaningful defense occur when a trial court prevents a defendan… |
| 22-5851 |
Siaosi Vanisi v. William Reubart, Acting Warden |
Nevada |
2022-10-17 |
Denied |
IFP |
competency criminal-procedure double-jeopardy gross-negligence intent-requirement mental-competency oregon-v-kennedy self-representation |
1. Does gross negligence on the part of the State satisfy the intent
requirement as set forth in Oregon v. Kennedy, 456 U.S. 667 (1982) so that
double… |
| 22-5825 |
Ahmed R. Morning v. Tim Hooper, Warden |
Fifth Circuit |
2022-10-14 |
Denied |
Response WaivedIFP |
constitutional-challenge criminal-procedure cruel-and-unusual-punishment due-process judicial-discretion jurisdiction ramos-v-louisiana retroactive-application retroactivity sentencing sentencing-review |
1) Whether the State trial court erred by imposing an unconstitutionally harsh and excessive sentence?
2) Whether the holding in Ramos v. Louisiana, … |
| 22-5826 |
Alonzo Peters v. United States |
Fifth Circuit |
2022-10-14 |
Denied |
Response WaivedIFP |
brady-materiality brady-v-maryland conspiracy criminal-law criminal-procedure drug-trafficking due-process fifth-circuit kyles-v-whitley suppressed-evidence witness-testimony |
L. Whether a defendant's convictions for conspiracy and drug trafficking
conspiracy must be vacated where the defendant had no commercial
association … |
| 22-5828 |
DeShaun Bullock v. United States |
Eighth Circuit |
2022-10-14 |
Denied |
Relisted (10)IFP |
acquittal criminal-procedure criminal-sentencing double-jeopardy fifth-amendment judicial-discretion jury-acquittal sentencing sixth-amendment |
1. Whether the Fifth and Sixth Amendments prohibit a federal court from basing a criminal defendant's sentence on conduct for which a jury has acquitt… |
| 22-5829 |
Montana Barronette, Brandon Wilson, John Harrison, Linton Broughton, Terrell Sivells, Taurus Tillman, Timothy Floyd, and Dennis Pulley v. United States |
Fourth Circuit |
2022-10-13 |
Denied |
Response WaivedIFP |
6th-amendment courtroom-access criminal-procedure due-process family-attendance family-friends public-trial public-trial-clause sixth-amendment |
This Court observed in 1948 that without "exception all courts have held that an accused is at the very least entitled to have his friends, relatives … |
| 22-5833 |
Carlos Alejandro Zuniga-Garcia v. United States |
Fifth Circuit |
2022-10-13 |
Denied |
Response WaivedIFP |
administration-of-justice criminal-procedure federal-criminal-procedure federal-law fifth-circuit leader-organizer-role leader-role preponderance-of-evidence sentencing-enhancement sentencing-guidelines |
I. Whether the Eifth Circuit violated federal law when it conducted a cursory review of the facts related to a four-level increase in sentencing point… |
| 22-348 |
Floyd Tayler v. Washington |
Washington |
2022-10-13 |
Denied |
Response WaivedRelisted (2) |
aggravating-factors criminal-procedure criminal-sentencing domestic-violence jury-instruction jury-instructions pattern-aggravator reasonable-doubt statutory-interpretation unanimity |
Must the jury, in deciding whether a defendant has committed the domestic violence pattern aggravator, RCW 9.94A.535 (3) (h) (i), be instructed that t… |
| 22-5810 |
Martin Perez-Barrios v. United States |
Fifth Circuit |
2022-10-12 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-conviction sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 22-5811 |
Matthew Poulin v. United States |
Seventh Circuit |
2022-10-12 |
Denied |
Response WaivedIFP |
alcohol-consumption alcohol-prohibition appeal criminal-procedure district-court due-process reasonableness sentencing supervised-release unreasonable-sentence |
I. Whether the district court erred by sentencing Mr. Poulin to twelve (12) months considering the circumstances of the case?
II. Whether the special… |
| 22-5814 |
Christopher Allan Allred v. Washington |
Washington |
2022-10-12 |
Denied |
Relisted (2)IFP |
constitutional-rights criminal-procedure critical-stage cruel-and-unusual-punishment death-penalty due-process eighth-amendment execution mental-illness rational-understanding right-to-counsel sixth-amendment |
Question not identified. |
| 22-5818 |
In Re Errol Victor, Sr. |
|
2022-10-12 |
Denied |
IFP |
civil-rights constitutional-privileges criminal-procedure due-process equal-protection fourteenth-amendment habeas-corpus jury-selection racial-discrimination speedy-trial trial-rights |
Whether due process and equal protection under the Fourteenth Amendment of the United States Constitution and relevant civil rights laws prohibit a st… |
| 22-5821 |
Felipe Noriega, Jr. v. United States |
Eighth Circuit |
2022-10-12 |
Denied |
Response WaivedIFP |
civil-rights constitutional-law criminal-procedure due-process fourth-amendment reasonable-suspicion search-and-seizure seizure traffic-stop |
1. Whether the Fourth Amendment allows a police officer to extend a concluded traffic stop based on minimal, if any, suspicious factors.
2. Whether t… |
| 22-5824 |
Edward Tyrone Ridley v. Antoine Caldwell, Warden |
Eleventh Circuit |
2022-10-12 |
Denied |
IFP |
civil-rights constitutional-challenge criminal-procedure due-process ex-post-facto federal-custody habeas-corpus illegal-detention judicial-review procedural-rights sex-offender-registration takings |
Question not identified. |
| 22-5801 |
Steven Nelson Murray v. Jerry Howell, Warden, et al. |
Ninth Circuit |
2022-10-11 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-trial jury-trial-waiver procedural-default sixth-amendment |
When a criminal defendant must make a personal decision whether to waive a fundamental constitutional right, does an attorney provide deficient perfor… |
| 22-5785 |
Robert Alan Fratta v. Texas |
Texas |
2022-10-07 |
Denied |
IFP |
attorney-neglect constitutional-compliance criminal-procedure grand-jury habeas-corpus indictment pro-se state-courts state-procedure supreme-court-precedent |
1) IN LIGHT OF THE SHINN v. MARTINEZ RAMIREZ RULING, ARE STATE
COURTS NOW REQUIRED TO ACCEPT AND RULE ON THE MERITS OF CLAIMS
PRESENTED IN WRITS OF H… |
| 22-5789 |
Rodney Donta Jackson v. Minnesota |
Minnesota |
2022-10-07 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process juror-misconduct post-verdict-hearing post-verdict-hearings public-trial sixth-amendment trial-procedure |
I. Does the Sixth Amendment right to a public trial extend to postverdict hearings investigating potential juror misconduct?
II. Is the remedy for a … |
| 22-5795 |
Kevin White, Jr. v. Michigan |
Michigan |
2022-10-07 |
Denied |
IFP |
appellate-review civil-procedure constitutional-rights criminal-procedure due-process evidence evidence-admission judicial-discretion jurisdiction trial-procedure venue |
Question not identified. |
| 22-5796 |
James Edward Rose v. South Carolina, et al. |
Fourth Circuit |
2022-10-07 |
Denied |
IFP |
brady-violation civil-rights constitutional-rights criminal-procedure due-process exculpatory-evidence prosecutorial-misconduct sovereign-citizen standing ucc-1-308 |
Question not identified. |
| 22-5779 |
James Michael Johnson v. United States |
Fourth Circuit |
2022-10-06 |
Denied |
Response WaivedIFP |
conspiracy criminal-procedure due-process evidence evidence-sufficiency jury-instructions money-laundering standard-of-review sufficiency-of-evidence wire-fraud |
I. Whether the Fourth Circuit erred by finding that the evidence was sufficient to convict Mr. Johnson of wire fraud, and conspiracy to commit money l… |
| 22-5780 |
James F. Snyder v. Washington |
Washington |
2022-10-06 |
Denied |
IFP |
ada civil-rights constitutional-law criminal-procedure disability-rights due-process habeas-corpus judicial-review legal-standing sentencing |
Question not identified. |
| 22-5782 |
Matthew Tassin v. United States |
Eleventh Circuit |
2022-10-06 |
Denied |
Response WaivedIFP |
28-usc-2255 circuit-court circuit-court-authority criminal-procedure district-court federal-prisoner ineffective-assistance ineffective-counsel resentencing section-2255 sentencing-authority statutory-interpretation |
Whether a Circuit Court can limit the authority of a district court to resentence a federal criminal defendant or correct a criminal sentence "as may … |
| 22-5784 |
Kevin Antonio Watson v. Virginia |
Virginia |
2022-10-06 |
Denied |
IFP |
14th-amendment 6th-amendment criminal-procedure due-process false-evidence ineffective-assistance-of-counsel |
sei -e.K'Vfnsfc WWAW feAvk&rte/'S 4f ha4 C
■frauA vjt(slt-Ws A1jl_ (ojM (\v
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Cg >vi(A>£A fO Cu£ ^ -5
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■… |
| 22-5764 |
Lynn Richard Norton v. David Barker, et al. |
Sixth Circuit |
2022-10-05 |
Denied |
IFP |
appeal-dismissal civil-procedure civil-rights court-costs criminal-procedure due-process indigent-litigant malicious-prosecution prosecutorial-discretion statute-of-limitations wrongful-conviction |
(A) Whether, The Law Suet las Femely Bnowéol Usclee Jénness2€ Code Prince Seclron, 18-1106 Srale OF Lamztation, When File Two Years, Later Of The on. … |
| 22-5769 |
Donovan Lemont Bookman v. United States |
Fifth Circuit |
2022-10-05 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment sentencing sixth-amendment statutory-interpretation supervised-release |
Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments? |
| 22-5771 |
Shawn Canada v. Olmsted County Community Corrections, All Staff Members, et al. |
Eighth Circuit |
2022-10-05 |
Denied |
IFP |
8th-amendment civil-rights constitutional-rights criminal-procedure cruel-and-unusual-punishment due-process proportionality prosecutorial-misconduct sentencing supreme-court-review |
Question not identified. |
| 22-318 |
Ronald Tai Young Moon, Jr. v. United States |
Eleventh Circuit |
2022-10-05 |
Denied |
Response Waived |
6th-amendment constitutional-rights criminal-procedure forfeiture public-trial sixth-amendment waiver |
What is the standard for finding a waiver (as opposed to mere forfeiture) of the Sixth Amendment right to a "public trial?" This prominently includes … |
| 22-5746 |
Chrystal Clues-Alexander v. Louisiana |
Louisiana |
2022-10-04 |
Denied |
Response WaivedIFP |
constitutional-waiver criminal-procedure due-process guilty-plea jury-unanimity plea-bargaining plea-withdrawal ramos-retroactivity retroactivity right-to-jury-trial unanimous-jury |
Whether this Court's decision in Ramos v. Louisiana, 590 U.S. ___ (2020), provides grounds for a defendant to withdraw her pre-Ramos plea of guilty be… |
| 22-5749 |
Justin Jamal Warner v. South Carolina |
South Carolina |
2022-10-04 |
Dismissed |
IFP |
criminal-defendant-rights criminal-procedure due-process eyewitness-identification in-camera-hearing law-enforcement-procedure out-of-court-identification police-misconduct reliability-standard surveillance-video unreliable-evidence video-identification |
Whether a criminal defendant is entitled to an in camera hearing pursuant to Neil v. Biggers, 408 U.S. 188 (1972) on the reliability of an out-of-cour… |
| 22-5751 |
Mark Ryan Shipley, aka Marc R. Shipley, aka Marc Ryan Shipley v. United States |
Ninth Circuit |
2022-10-04 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-law criminal-procedure due-process federal-firearms-law felon-in-possession mens-rea rehaif statutory-interpretation |
DOES THE KNOWINGLY ELEMENT APPLY TO U.S.C. $921 (a)(20)?
DOES A STIPULATION AT THE TIME OF TRIAL THAT A DEFENDANT HAD AT SOME POINT IN THE PAST CQMIT… |
| 22-5759 |
Andrew Robertson v. Massachusetts |
Massachusetts |
2022-10-04 |
Denied |
IFP |
criminal-procedure due-process evidence indictment judicial-discretion prosecutorial-misconduct |
Question not identified. |
| 22-5762 |
Jonathan Mattox v. Arizona |
Arizona |
2022-10-04 |
Denied |
Response WaivedRelisted (2)IFP |
appeal arizona-rule-criminal-procedure civil-rights criminal-procedure due-process habeas-corpus ineffective-assistance-counsel newly-discovered-evidence post-conviction-relief sentencing standard-of-review statutory-interpretation |
What i the coredtinter pretation that should be percieved
from A.R.5. 28-1383 (4)(2) T? |
| 22-5763 |
Benjamin Justin Brownlee v. New York |
Second Circuit |
2022-10-04 |
Denied |
IFP |
brady-violation criminal-procedure discovery due-process exculpatory-evidence ineffective-assistance-of-counsel medical-evidence prosecutorial-misconduct right-to-defense |
Question not identified. |
| 22-5720 |
Mark Julian Edmonds v. United States |
Fifth Circuit |
2022-10-03 |
Denied |
Response WaivedIFP |
acca armed-career-criminal-act constitutional-interpretation criminal-procedure habeas-corpus jurisdictional-challenge procedural-standard residual-clause sentencing sentencing-enhancement unconstitutional |
Was Mr. Edmonds required to prove, in district court, that it is "more likely than not" that the sentencing judge "actually relied on" the ACCA's unco… |
| 22-5730 |
Quincy Campbell v. United States |
Seventh Circuit |
2022-10-03 |
Denied |
Response WaivedIFP |
appellate-review burden-of-proof coconspirator-testimony criminal-procedure due-process judicial-error relevant-conduct sentencing sentencing-guidelines |
I. Whether the district court erred by sentencing the Defendant to one twenty (120) months in light of the circumstances of the case ?
II. Whether th… |
| 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… |
| 22-5732 |
Richard Michael Arrington v. Wisconsin |
Wisconsin |
2022-10-03 |
Denied |
Response WaivedIFP |
criminal-procedure interrogation jail-informant maine-v-moulton massiah-v-united-states recording-device right-to-counsel sixth-amendment state-agent united-states-v-henry |
Whether, for purposes of determining if an accused's Sixth Amendment right to counsel was violated, a jail informant is considered a state agent where… |
| 22-5733 |
Robert Brown, II v. United States |
Sixth Circuit |
2022-10-03 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure criminal-trial evidence fair-trial jury jury-bias perjury perjury-evidence rico rico-conspiracy sixth-amendment |
The Government here alleged the Seven Mile Bloods operated as an enterprise in Detroit, Michigan, in an area known as the "Red Zone." The Government a… |
| 22-5735 |
Thomas A. Scott v. Lonnie Oliver, Superintendent, State Correctional Institution at Albion, et al. |
Third Circuit |
2022-10-03 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process fair-trial fifth-amendment fourteenth-amendment fourth-amendment judicial-integrity judicial-review manifest-injustice sixth-amendment |
1. DOES THE JUDGEMENT OF SENTENCE REPRESENT A MAINIFEST INJUSTICE WARRANTING THE SUPERVISORY POWERS OF THIS HONORABLE COURT AS IT SHAKES SOCIETIES CON… |
| 22-5740 |
Rony Alexander Granados-Ortez v. United States |
Fifth Circuit |
2022-10-03 |
Denied |
Response WaivedIFP |
alleyne almendarez-torres appellate-procedure apprendi constitutional-interpretation criminal-law criminal-procedure due-process judicial-review precedent-analysis sentencing supreme-court-review |
Whether this Court should consider the continuing validity of Almendarez-Torres v. United States, 523 U.S. 244 (1998), in light of the reasoning of Ap… |
| 22-5741 |
Anthony Delano Hylton, Jr. v. United States |
Ninth Circuit |
2022-10-03 |
Denied |
Response WaivedIFP |
criminal-history criminal-procedure detention-duration fourth-amendment law-enforcement-inquiry prolonged-detention rodriguez-precedent rodriguez-v-united-states traffic-stop |
A. Does This Court's Decision in Rodriguez v. United States permit any criminal history inquiry at any traffic stop no matter how long the inquiry tak… |
| 22-5743 |
Timothy Love v. California |
California |
2022-10-03 |
Denied |
IFP |
constitutional-rights criminal-procedure plea-bargaining sentencing statutory-interpretation violent-crimes |
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^ Sho-o'{* v'4
* t £<<fIc, TTU-fe/ {0$<LC\A,
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o ccu^yi-ejl \HX^ C^<_ ybft'U u*a?f ^ 'j?.
f… |
| 22-5724 |
In Re Chad Small |
|
2022-09-30 |
Denied |
IFP |
compliance-with-rules constitutional-rights criminal-procedure due-process effective-assistance-of-counsel guilty-plea ineffective-assistance-of-counsel knowingly-intelligently-voluntarily parties-to-proceeding sixth-amendment |
1) WHETHER PETITIONER WAS DENIED HIS SIXTH AMENDMENT RIGHT TO EFFECTIVE ASSISTANCE OF COUNSEL
2) WHETHER THE GUILTY PLEA WAS KNOWINGLY, INTELLIGENTLY… |
| 22-5725 |
Marty Joe Banghart v. Dan Sullivan, Warden, et al. |
Eighth Circuit |
2022-09-30 |
Denied |
Relisted (2)IFP |
appeals certificate-of-appealability civil-rights criminal-procedure due-process eighth-circuit federal-procedure habeas-corpus standing |
Question not identified. |
| 22-5727 |
Antonio Garrett v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2022-09-30 |
Denied |
IFP |
certificate-of-appealability constitutional-rights criminal-procedure due-process eleventh-circuit habeas habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-instruction section-2254 |
WHETHER THE ELEVENTH CIRCUIT COURT OF APPEALS ERRED IN DENYING GARRETT A CERTIFICATE OF APPEALABILITY ON HIS 28 U.S.C. SECTION 2254 HABEAS CLAIM OF IN… |
| 22-5729 |
Jose Madrid-Becerra v. United States |
Ninth Circuit |
2022-09-30 |
Denied |
Response WaivedIFP |
criminal-history criminal-procedure deportation early-release federal-criminal-defendants immigration immigration-law sentencing-guidelines state-statutes |
Several states have or had statutes authorizing the early release of state prisoners with deportation orders to the United States Immigration and Natu… |
| 22-5711 |
Joshua Austin Kramer, aka Benjamin Franklin v. United States |
Fourth Circuit |
2022-09-29 |
Denied |
Response WaivedIFP |
criminal-procedure guilty-plea ineffective-assistance ineffective-assistance-of-counsel judicial-discretion judicial-resources legal-innocence plea-bargaining plea-withdrawal prejudice withdrawal-of-plea |
Whether the district court erred by denying Petitioner's motion to withdraw his guilty plea. |
| 22-5712 |
Ramona I. Morgan v. Gloria Geither |
Tenth Circuit |
2022-09-29 |
Denied |
Response WaivedIFP |
certificate-of-appealability criminal-procedure district-court-jurisdiction double-jeopardy due-process habeas-corpus jurisdiction motion-to-vacate prosecutorial-discretion sentencing-review statutory-interpretation |
1. Should the United States Court of Appeals for the Tenth Circuit have granted a Certificate of Appeal to the Petitioner [Edmond Morgan]?
2. Should … |
| 22-5714 |
Tracy Alan Zornes v. William Bolin, Warden |
Eighth Circuit |
2022-09-29 |
Denied |
Response WaivedIFP |
antiterrorism-and-effective-death-penalty-act-of-1 courtroom-closure criminal-procedure partial-courtroom-closure presley-v-georgia public-trial sixth-amendment voir-dire waller-test waller-v-georgia |
The question presented by this petition is whether the Sixth Amendment's public trial guarantee, within the review apparatus imposed by the Antiterror… |
| 22-307 |
Michigan v. Marcus Martell McCloud and Bruce Cliffin Edwards |
Michigan |
2022-09-29 |
Denied |
Response Waived |
commonsense-judgments criminal-procedure detention frisk human-behavior law-enforcement officer-experience probable-cause reasonable-suspicion terry-stop weapons-frisk |
Police preparing to enter a suspected unlicensed after-hours drinking establishment to make an under-cover purchase removed the two respondents from j… |
| 22-5691 |
Meamen Jean Nyah v. United States |
Eighth Circuit |
2022-09-28 |
Denied |
Response WaivedIFP |
circuit-split criminal-procedure evidence-rule-404b federal-rules-of-evidence firearms firearms-case judicial-interpretation prior-bad-acts propensity-evidence |
Whether Federal Rule of Evidence 404(b) should be construed, contrary to its purpose and history, as a rule of inclusion resulting in certain admissib… |
| 22-5705 |
Lateef Alagbada v. United States |
Third Circuit |
2022-09-28 |
Denied |
Response WaivedIFP |
court-order criminal-defendant criminal-procedure extradition final-judgment-rule habeas-corpus international-law pretrial-order repatriation |
Whether a pretrial order denying a motion for repatriation of an incarcerated criminal defendant falls within the exception to the final judgment rule… |
| 22-5684 |
Victor Gavillan Martinez v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2022-09-27 |
Denied |
IFP |
14th-amendment 4th-amendment 6th-amendment criminal-procedure due-process evidence-suppression fourteenth-amendment fourth-amendment ineffective-assistance-of-counsel sixth-amendment warrantless-search |
Whether Petitioner's Fourth, Sixth, and Fourteenth Amendment Rights to the United States Constitution Require this Court to vacate Petitioner's convic… |
| 22-5694 |
Jonathan Lopez v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2022-09-27 |
Denied |
Response WaivedIFP |
burden-of-proof constitutional-rights criminal-defendant criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel judicial-review judiciary public-confidence standing |
Whether a criminal defendant is required to prove an ineffective assistance of counsel claim on the face of the record?
Whether review should be gran… |
| 22-5697 |
Robert Capelli v. United States |
Second Circuit |
2022-09-27 |
Denied |
Response WaivedIFP |
civil-procedure constitutional-law criminal-procedure fourth-amendment private-plane search search-and-seizure vehicle-exception warrant-requirement |
Whether the vehicle exception to the Fourth Amendment's warrant requirement applies to the search of a private plane. |
| 22-5699 |
In Re Thomas George Craaybeek |
|
2022-09-27 |
Denied |
Relisted (2)IFP |
2nd-amendment civil-rights constitutional-rights criminal-procedure due-process free-speech habeas-corpus ineffective-assistance sixth-amendment standing takings |
WAS THE OPINION STRUCK COST OF APPEALS SUCH THAT EXTRA CIRCUIT SPLIT BY SUPREME COURT VIOLATED MCCULLENT TO COLLAR HE EASE PREDLINE SET EM BOM THAT SV… |
| 22-5701 |
Terry Wayne Cope v. United States |
Sixth Circuit |
2022-09-27 |
Denied |
Response WaivedIFP |
18-usc-3582 compassionate-release congress covid-19 criminal-procedure district-court judicial-discretion public-health sentencing |
A. Does the precedent that "a defendant's incarceration during the COVID-19 Pandemic when the defendant has access to the COVID-19 vaccine does not pr… |
| 22-5673 |
Juan Amaya Lozano v. Fredrick Entzel, Warden |
Eighth Circuit |
2022-09-26 |
Denied |
IFP |
abuse-of-discretion criminal-procedure due-process effective-assistance-of-counsel interpreter-rights limited-english-proficiency sentencing sentencing-discretion sixth-amendment |
1) Whether the District Court abused it's discretion after ruling that Juan Lozano, (a limited English Proficiency defendant), required a Spanish Inte… |
| 22-5653 |
Deryl Dude Nelson v. Michigan |
Michigan |
2022-09-23 |
Denied |
IFP |
civil-rights criminal-procedure due-process evidence-hearing fourth-amendment fraud judicial-misconduct probable-cause standing state-court-procedure warrant-fraud |
A prosecutor and magistrate falsified a criminal complaint and warrant in the name of "The People of the State of Michigan" and "Keely Cochran" includ… |
| 22-5649 |
Graylin Gray v. Scott R. Frakes, Director, Nebraska Department of Corrections, et al. |
Nebraska |
2022-09-22 |
Denied |
Response WaivedIFP |
arraignment court-filing criminal-procedure due-process personal-jurisdiction service-of-process subject-matter-jurisdiction waiver-of-rights |
The amended information was not filed when petitioner appeared in
court for arraignment and waived reading of the 12 count amended information
and a… |
| 22-5650 |
In Re Bobby D. Hathaway-Bey |
|
2022-09-22 |
Denied |
IFP |
criminal-procedure first-amendment public-access public-trial sentencing sixth-amendment |
should this court isr s lowik toGrant alrit of Haks Corpus Jo a Moorish AMKican SovErig Man wHo has No wvaila forum to raiss his Comlilling clam of Di… |
| 22-5660 |
Jon Anthony Terry v. United States |
Fifth Circuit |
2022-09-22 |
Denied |
Response WaivedIFP |
ability-to-pay criminal-procedure district-court due-process future-assessment hypothetical-means judicial-discretion sentencing special-assessment statutory-interpretation |
1. May a District Court at sentencing, find a defendant "non-indigent" for the purposes of 18 USC 3014(e), based upon past income and a hypothetical "… |
| 22-5662 |
Sergio Trevino v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-09-22 |
Denied |
IFP |
constitutional-rights counsel-deficiency criminal-procedure ineffective-assistance ineffective-assistance-of-counsel plea-bargaining prejudice-inquiry prejudice-standard probation-misadvice reasonable-probability reject-plea-offer waive-right-to-trial |
In an ineffective assistance of counsel claim alleging probation misadvice, to what degree (if any) should the possibility of a conviction have on the… |
| 22-274 |
Steven Donziger v. United States |
Second Circuit |
2022-09-22 |
Denied |
Amici (1)Response RequestedResponse WaivedRelisted (8) |
appointments-clause criminal-contempt criminal-procedure executive-power federal-rules-of-criminal-procedure interbranch-appointments judicial-power separation-of-powers special-prosecutor |
In Young v. United States ex rel. Vuitton et Fils
S.A., 481 U.S. 787 (1987), this Court endorsed the
practice of appointing private lawyers to try cri… |
| 22-5638 |
Hector Martinez-Robos v. United States |
Ninth Circuit |
2022-09-21 |
Denied |
Response WaivedIFP |
controlled-substances criminal-procedure jury-instructions mandatory-minimum-sentences mens-rea plain-error sentencing statutory-interpretation |
1. Whether an instructional error is "plain" for purposes of Fed. R. Crim. P. 52(b) when the charge to the jury is erroneous under an opinion of this … |
| 22-5643 |
Derek Lee Casey, Jr. v. Texas |
Texas |
2022-09-21 |
Denied |
IFP |
conflict-of-interest constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel plea-bargaining sentencing trial-counsel |
Question not identified. |
| 22-5620 |
Ebrahim Kalatehe v. United States |
Ninth Circuit |
2022-09-20 |
Denied |
Response WaivedIFP |
appellate-procedure criminal-procedure due-process evidence-collection fourth-amendment judicial-review pen-register standing third-party-doctrine waiver |
1.May the government use information obtained through a
pen register against an individual over whom the government did not
obtain a pen register orde… |
| 22-5622 |
Todd Matthew Phillips v. Amber Phillips, nka Amber Korpark |
Nevada |
2022-09-20 |
Denied |
IFP |
civil-rights criminal-procedure criminal-statute due-process evidentiary-standard family-court family-law parental-rights standing subject-matter-jurisdiction |
In the midst of a routine divorce saga, Wife alleged that Husband, during the marriage, had committed violent crimes against her. But Wife never conta… |
| 22-5624 |
Tiffany Leigh Marion v. North Carolina |
North Carolina |
2022-09-20 |
Denied |
Response WaivedIFP |
batson-challenge Batson-v-Kentucky criminal-procedure equal-protection plea-bargaining prosecutorial-discretion racial-discrimination |
Whether Batson v. Kentucky, 476 U.S. 79 (1986) and its progeny apply to equal protection claims challenging a prosecutor's decision of whether to exte… |
| 22-5603 |
Faustino Sanchez-Lugo v. United States |
Fifth Circuit |
2022-09-19 |
Denied |
Response WaivedIFP |
alleyne-rule almendarez-torres appellate-procedure apprendi-rule constitutional-law criminal-law criminal-procedure due-process precedent-analysis sentencing statutory-interpretation supreme-court-review |
Whether this Court should consider the continuing validity of Almendarez-Torres v. United States, 523 U.S. 244 (1998), in light of the reasoning of Ap… |
| 22-5605 |
Jeffrey Ricardo Wimberly v. Michigan |
Michigan |
2022-09-19 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process evidence pre-arrest-delay speedy-trial |
WHETHER A (15) FIFTEEN YEAR PREARREST DELAY WHERE THE PROSECUTOR COULD NOT GIVE A SUFFICEINT REASON FOR THE DELAY TO JUSTIFY THE PREJUDICE TO THE PETI… |
| 22-5606 |
Jesus Guadalupe Amparano-Torres v. United States |
Fifth Circuit |
2022-09-19 |
Denied |
Response WaivedIFP |
case-precedent constitutional-law criminal-procedure due-process fifth-circuit judicial-review legal-challenge sentencing sixth-amendment supreme-court supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-5597 |
Bernardino Adrian Venzor-Ortega v. United States |
Fifth Circuit |
2022-09-16 |
Denied |
Response WaivedIFP |
case-review criminal-procedure due-process fifth-circuit judicial-procedure legal-precedent overrule sentencing sixth-amendment supreme-court writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-5598 |
Ramiro Montoya-De La Cruz v. United States |
Fifth Circuit |
2022-09-16 |
Denied |
Response WaivedIFP |
alleyne appellate-procedure apprendi constitutional-law criminal-law criminal-procedure due-process precedent-analysis sentencing statutory-interpretation supreme-court-review |
Whether this Court should consider the continuing validity of Almendarez- Torres v. United States, 523 U.S. 244 (1998) , in light of the reasoning of … |
| 22-5599 |
Denzell Russell v. United States |
Sixth Circuit |
2022-09-16 |
Denied |
Response WaivedIFP |
appellate-review circuit-court-split circuit-split criminal-procedure due-process federal-criminal-procedure federal-rules-of-criminal-procedure judicial-interpretation plain-error plain-error-review standard-of-review statutory-interpretation |
1. Is the Sixth Circuit's application of plain error review under Fed. R. Crim. P. 52(b) in conflict with this Court's decisions?
2. Have the courts … |
| 22-5586 |
Lori Ann Robles v. United States |
Fifth Circuit |
2022-09-15 |
Denied |
Response WaivedIFP |
criminal-procedure discretionary-review mandatory-guidelines rita-v-united-states sentencing velson-v-united-states |
1. Whether the decision of the United States Court of Appeals for the Fifth Circuit affirming Petitioner's sentence of 360 months, based on an importa… |
| 22-5589 |
Carrie Helen Fine v. Florida |
Florida |
2022-09-15 |
Denied |
Response WaivedIFP |
amendment-challenge appeals constitutional-vagueness criminal-law criminal-procedure criminal-punishment drug-statutes due-process evidence judgment-of-acquittal state-law |
I. Whether the affirmation of the Appellant Court (that it was proper for trial court to deny Fine's
Motions for judgment of Acquittal) was correct.
… |
| 22-5590 |
Robert Nathan Hensley v. United States |
Eighth Circuit |
2022-09-15 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure due-process evidence evidence-admissibility ineffective-assistance-of-counsel legal-scrutiny prosecutorial-misconduct sexual-offenses |
Is it INEFFECTINE ASSISTENCE OF COUNSEL WHERE : THEREBY PROUING NOT ALLOWE "TAMPERED EVIDENCE" WERE AT TRIAL DUE TO THE JUOGE "CHOOSINE 11 THIS WAS ON… |
| 22-5593 |
Richard Anthony Rodriguez v. California |
California |
2022-09-15 |
Denied |
Response WaivedIFP |
apprendi-rule constitutional-procedure criminal-procedure due-process jury-trial jury-trial-right juvenile-adjudication prior-conviction-exception prior-convictions sentencing-enhancement sentencing-enhancements sixth-amendment |
Can juvenile adjudications, obtained without a trial by jury, be relied upon to enhance a defendant's sentence in a later proceeding?
Thus, the quest… |
| 22-5564 |
Michael Muthee Munywe v. Washington |
Washington |
2022-09-14 |
Denied |
IFP |
4th-amendment 5th-amendment 6th-amendment civil-rights constitutional-rights criminal-procedure due-process jury-interrogation miranda-rights sixth-amendment trial-rights |
Question not identified. |
| 22-5575 |
Ronald Mickel v. United States |
Sixth Circuit |
2022-09-14 |
Denied |
Response WaivedIFP |
criminal-procedure domestic-violence due-process indictment sentencing sentencing-enhancement statutory-maximum statutory-minimum violent-felony |
I. Whether all facts — including the fact of a prior conviction — that increase a defendant's statutory maximum must be pleaded in the indictment and … |
| 22-5580 |
Derrick Dion Ingram v. United States |
Seventh Circuit |
2022-09-14 |
Denied |
Response WaivedIFP |
administrative-law appellate-review criminal-law criminal-procedure due-process firearm-enhancement firearms guideline-interpretation sentencing-guidelines statutory-construction statutory-interpretation |
Where U.S.S.G. § 2K2.1(b)(6)(B) directs a four-level increase in offense level when a defendant possesses a firearm "in connection with another felony… |
| 22-242 |
Cyrano R. Irons v. United States |
Eighth Circuit |
2022-09-14 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
appellate-review circuit-split criminal-procedure district-court harmless-error judicial-discretion procedural-error sentencing-guidelines sentencing-procedure |
Whether errors in calculating the Sentencing Guidelines are rendered categorically harmless by the district court's assertion that the Guidelines woul… |
| 22-5560 |
Tyrone Learone McCurdy v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-09-13 |
Denied |
IFP |
brady-disclosure brady-violation criminal-procedure due-process perjury prosecutorial-misconduct right-to-fair-trial witness-tampering witness-testimony |
I. IF THE PROSECUTOR MAKES A PRETRIAL OFFER OF LENIENCY TO A WITNESS
IN EXCHANGE FOR THAT WITNESSES' TESTIMONY AGAINST THE DEFENDANT,
AND THE WITNESS… |
| 22-5567 |
Lamar Harris v. United States |
Eighth Circuit |
2022-09-13 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure federal-rules federal-rules-of-criminal-procedure judicial-discretion plain-error plain-error-review sentencing sentencing-waiver waiver |
1. The question presented is whethe r sentencing issue is waived where the
Defendant raises, but drops an issue as part of a sentencing or subject to… |
| 22-5576 |
Thoucharin Ruttanamongkongul v. United States |
Eighth Circuit |
2022-09-13 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
civil-rights conspiracy criminal-procedure due-process evidence-admissibility human-trafficking sentencing sentencing-guidelines sex-work sexual-offense statutory-interpretation violent-crime |
When state values v. evidence, to show that petitioner fired (unclear handwriting) to the United States to court completely e.g. a six footers; and th… |
| 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 |
(1) WHETHER THE TRIAL COURT ERRED IN ALLOWING THE CHILD VIDEO INTERVIEW AND WHETHER T.C.A. SECTION 24-7-123 IS [UNCONSTITUTIONAL?
(2) WHETHER THE PET… |
| 22-5522 |
Fernando Cazares v. United States |
Ninth Circuit |
2022-09-12 |
Denied |
Response WaivedIFP |
appeal certificate-of-appealability conspiracy crime-of-violence criminal-procedure due-process general-verdict pinkerton-conspiracy section-241 section-245 sentencing violent-crime |
Did the court of appeals err in failing to grant a certificate of appealability where the application presented three debatable questions: First, the … |
| 22-5548 |
In Re David Moore |
|
2022-09-12 |
Denied |
IFP |
aedpa aedpa-limitations criminal-procedure due-process habeas-corpus jurisdiction jurisdictional-challenge state-court-jurisdiction successive-petition successive-petitions unconstitutional-conviction |
1. Did Congress intend to preclude as successive under the AEDPA a state prisoner habeas claim that he is held unconstitutionally upon conviction and … |
| 22-5551 |
Jose Carmen Barajas-Salvador v. United States |
Fifth Circuit |
2022-09-12 |
Denied |
Response WaivedIFP |
alleyne almendarez-torres appellate-procedure apprendi constitutional-law criminal-law criminal-procedure due-process precedent-analysis sentencing statutory-interpretation supreme-court-review |
Whether this Court should consider the continuing validity of Almendarez-Torres v. United States, 523 U.S. 244 (1998), in light of the reasoning of Ap… |
| 22-5558 |
Vince Edward LaSane v. United States |
Eleventh Circuit |
2022-09-12 |
Denied |
Response WaivedIFP |
criminal-procedure defense-knowledge due-process felony jury-conviction jury-instructions legal-error minor registration-requirements sex-offender-registration statutory-interpretation |
Whether the District Court erroneously denied Mr. Lasane's request that Jury instruction on Count Two (committing a felony offense involving a minor w… |
| 22-5563 |
Noel Brown v. Pennsylvania, et al. |
Pennsylvania |
2022-09-12 |
Denied |
Relisted (2)IFP |
collateral-review criminal-procedure due-process fourteenth-amendment habeas-corpus plea-bargaining retroactivity right-to-counsel sixth-amendment |
In Persuasive Authority Leading Case on Point Hamilton V. Alabama 368 U,S.52,(1961). The Supreme Court of the United States Reversed. In an opinion by… |
| 22-222 |
Abelino "Abel" Reyna, et al. v. John Wilson, et al. |
Fifth Circuit |
2022-09-12 |
Denied |
Response Waived |
42-usc-1983 criminal-procedure due-process franks-rule franks-v-delaware grand-jury judicial-procedure probable-cause search-warrant section-1983 |
In Franks v. Delaware, 438 U.S. 154 (1978), this Court announced a rule of "limited scope" which allowed a criminal defendant to attack the veracity o… |
| 22-5540 |
David Villegas Pereznegron v. United States |
Fifth Circuit |
2022-09-09 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
appellate-review criminal-procedure federal-rules-of-criminal-procedure judicial-proceedings plain-error-review right-to-allocution sentencing sentencing-allocution substantial-rights |
Whether the plain and prejudicial denial of the right to allocution is an error that ordinarily warrants correction under the fourth prong of plain-er… |
| 22-5546 |
Jhon Albert Carrizales Pretell v. Florida |
Florida |
2022-09-09 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
constitutional-right criminal-defendant criminal-procedure due-process felony felony-offense fourteenth-amendment jury-trial sixth-amendment trial-procedure |
1. Whether the Sixth Amendment requires a twelve-person jury to try a criminal defendant accused of a felony offense. |
| 22-5523 |
Lawrence Gaines v. Morris Houser, Superintendent, State Correctional Institution at Benner Township, et al. |
Third Circuit |
2022-09-08 |
Denied |
Response WaivedIFP |
appellate-review constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-instructions no-adverse-inference strategic-decision trial-counsel |
I. WHETHER THE COURT OF APPEALS ERRED WHEN IT REVERSED THE WELL REASONED DECISION OF THE DISTRICT COURT WHICH HELD THAT TRIAL COUNSEL WAS INEFFECTIVE … |
| 22-5529 |
Anthony H. Lett v. United States |
Sixth Circuit |
2022-09-08 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure due-process federal-rules federal-rules-of-criminal-procedure ineffective-assistance rehaif-standard rehaif-v-united-states standing |
1. Did. Court of appeals error when denying Petitioner's
Rehaif v.: United States , 139 S.Ct. 204.
2. Was Petitioner 's ineffective assistance claim … |
| 22-5530 |
Joseph Ray Jordan v. United States |
Second Circuit |
2022-09-08 |
Denied |
Response WaivedIFP |
affirmative-defense brady-rule constitutional-rights criminal-procedure ineffective-assistance-of-counsel post-conviction-relief right-to-testify section-2255 strickland-standard witness-tampering |
Each of the following four pages presents one primary question regarding IAC claims that survived Section 2255(b) screening, but were ultimately rejec… |
| 22-5533 |
Dario Pinson v. United States |
Eleventh Circuit |
2022-09-08 |
Denied |
Response WaivedIFP |
18-usc-3582 18-usc-3582c compassionate-release criminal-procedure due-process habeas-corpus judicial-discretion sentencing |
WHETHER THE DISTRICT COURT'S FAILURE TO PROPERLY CONSIDER THE APPROPRIATE FACTORS PURSUANT TO 18 U.S.C. § 3582(c) BEFORE DENYING MR. PINSON'S MOTION F… |
| 22-5537 |
Joseph William Rendon v. Iowa |
Iowa |
2022-09-08 |
Denied |
Response WaivedIFP |
appeal criminal-procedure due-process habeas-corpus ineffective-assistance sixth-amendment |
Whether Petitioner was provided effective Assistance of Counsel |
| 22-5516 |
Antrell Desharron Lewis v. United States |
Eighth Circuit |
2022-09-07 |
Denied |
Response WaivedIFP |
2255-motion burrage burrage-standard criminal-procedure drug-overdose habeas-corpus ineffective-assistance prosecutorial-misconduct sixth-amendment |
Did trial counsel provide ineffective assistance in light of this court's holding in Burrage by failing to investigate the drug alleged to have caused… |
| 22-205 |
Demetrios Stavrakis, aka Dimitrios Stavrakis, aka Jimmy v. United States |
Fourth Circuit |
2022-09-07 |
Denied |
Response Waived |
circuit-split circumstantial-evidence criminal-procedure evidence-sufficiency federal-court judgment-of-acquittal motion-for-judgment-of-acquittal rule-of-equipoise sufficiency-of-evidence |
Whether a federal court, assessing the sufficiency of the evidence in a criminal case based wholly on circumstantial evidence, must apply the "rule of… |
| 22-202 |
Leonardo Nuncio v. Texas |
Texas |
2022-09-06 |
Denied |
|
constitutional-vagueness criminal-procedure due-process first-amendment free-speech harassment-statute obscenity obscenity-test overbreadth texas-penal-code vagueness |
1. Is Texas's obscene harassment statute (Tex. Penal Code 42.07(a)(1) and (b)(3)) unconstitutionally vague and overbroad?
2. Does the Miller v. Calif… |
| 22-5455 |
Tyrone Woolaston v. United States |
Second Circuit |
2022-09-06 |
Denied |
Response WaivedIFP |
circuit-split civil-rights confidential-informant criminal-defense criminal-procedure due-process government-conduct government-misconduct manufactured-venue venue venue-manipulation |
Whether manufactured venue is a valid criminal defense that a defendant is entitled to present to a jury when it is undisputed that the Government tra… |
| 22-5504 |
Rafael Villanueva v. United States |
Fifth Circuit |
2022-09-06 |
Denied |
Response WaivedIFP |
5th-amendment commerce-clause competency criminal-procedure due-process mental-capacity |
1. Because the trial court and the Fifth Circuit erred by finding Mr. Villanueva competent to stand trial, it violated his due process rights.
2. Bec… |
| 22-5507 |
Edward F. Swanson v. Texas |
Texas |
2022-09-06 |
Denied |
IFP |
appellate-review criminal-procedure double-jeopardy due-process felony-dismissal ineffective-assistance ineffective-assistance-of-counsel sentencing sentencing-guidelines strickland-standard |
xs itH ■Oxstrxc .t Clou fir uxolateDXO THE
THE SJftZCtf/JGS OF HPPPEAOZ ?* t v
tPH f> Tt/fiSC OXSMXSS THE... Titty &TP ,n
aeFEUOMT QuZLTy OF /) LtC°X… |
| 22-5508 |
Hanford Chiu v. United States |
First Circuit |
2022-09-06 |
Denied |
Response WaivedIFP |
criminal-procedure due-process exculpatory-evidence federal-rules-of-evidence fourth-amendment good-faith-exception probable-cause search-warrant |
Whether a faulty search warrant that was executed without probable cause and without a good faith exception violates Fourth Amendment protections.
Wh… |
| 22-5511 |
Edmundo Portillo-Rodriguez v. United States |
Fifth Circuit |
2022-09-06 |
Denied |
Response WaivedIFP |
appellate-procedure constitutional-law criminal-law criminal-procedure due-process precedent precedent-analysis sentencing statutory-interpretation supreme-court supreme-court-review |
Whether this Court should consider the continuing validity of Almendarez-Torres v. United States, 523 U.S. 244 (1998), in light of the reasoning of Ap… |
| 22-5514 |
Roland Scott, Jr. v. United States |
Seventh Circuit |
2022-09-06 |
Denied |
Response WaivedIFP |
appellate-review civil-rights constitutional-rights criminal-procedure due-process judicial-discretion jurisdiction sentencing standing statutory-interpretation |
Did the United States Supreme Cort overturn it's own precedent
in Rehaf v. United States 139 S. Ct 2191, 20t L. Ed 594
2o1g), where this Cort decided … |
| 22-5500 |
James R. LaPoint v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2022-09-02 |
Denied |
IFP |
14th-amendment appellate-record constitutional-rights criminal-procedure direct-appeal due-process fair-trial Hardy-v-United-States incomplete-record Mayer-v-City-of-Chicago sentencing-review |
1. Do the State courts violate a defendant's 14th Amendment Right to due process and to a fair and complete direct appeal when they become aware of a … |
| 22-5505 |
Elec Elmer Cusick v. Oklahoma |
Oklahoma |
2022-09-02 |
Denied |
IFP |
constitutional-law criminal-procedure habeas-corpus indian-law mcgirt-ruling post-conviction-relief retroactive-application retroactivity subject-matter-jurisdiction |
Whether McGirt v. Oklahoma, 140 S. Ct. 2452 (2020), is a Substantive ruling or a Procedural ruling. |
| 22-5506 |
Kacey Lewis v. Angel Quiros, Commissioner, Connecticut Department of Correction |
Connecticut |
2022-09-02 |
Denied |
Response WaivedIFP |
appellate-procedure appellate-review criminal-procedure criminal-trial due-process effective-assistance-of-counsel fair-trial habeas-corpus judicial-discretion state-court-proceedings |
I. WHETHER THE PETITIONER WAS' DEPRIVED OF HIS RIGHTS TO A FAIR '
TRIAL DURING HIS 2009 CRIMINAL TRIAL COURT PROCEEDINGS IN
THE JUDICIAL'DISTRICT OF… |
| 22-5483 |
In Re Frank Michael Monte |
|
2022-09-01 |
Denied |
Relisted (2)IFP |
civil-rights criminal-procedure due-process habeas-corpus incarceration sentencing |
1. Constitutionality of Petitioner's incarceration. |
| 22-5484 |
Erika Perez-Garcia v. United States |
Fifth Circuit |
2022-09-01 |
Denied |
Response WaivedIFP |
appellate-review conflict-with-other-courts criminal-procedure district-court holguin-hernandez judicial-discretion sentencing-argument sentencing-guidelines substantial-arguments |
Whether, after Holguin-Hernandez v. United States, __U.S.__, 140 S.Ct. 762 (2020), a party may obtain appellate relief when the district court fails t… |
| 22-5486 |
Hillary Best v. New York City Police Department Sex Offender Unit |
Second Circuit |
2022-09-01 |
Denied |
IFP |
13th-amendment 14th-amendment 4th-amendment 6th-amendment criminal-procedure due-process |
1. Does Section §100.30(l)(d) of the New York Criminal Procedure Law violate the 4th, 13th and 14th Amendments to the United States Constitution by al… |
| 22-5487 |
Gabriel Paul Hall v. Texas |
Texas |
2022-09-01 |
Denied |
IFP |
capital-murder criminal-procedure evidence-admission massiah-v-united-states penalty-phase right-to-counsel sixth-amendment state-action state-agent |
Did the TCCA err in holding that the State upheld its "affirmative obligation to not act in a manner that circumvents the [Sixth Amendment] protection… |
| 22-5492 |
William Wallace v. Florida Commission on Offender Review |
Eleventh Circuit |
2022-09-01 |
Denied |
Response WaivedIFP |
civil-rights criminal-conviction criminal-procedure due-process evidence evidentiary-sufficiency judicial-review reasonable-doubt sentencing standing witness-testimony |
(1) Is it abuse of false evidence to convict a petitioner for a crime, where there has never been any proof of deception that does use / in this case?… |
| 22-5495 |
Micquel Shemario Thomas v. Michigan |
Michigan |
2022-09-01 |
Denied |
Response RequestedRelisted (2)IFP |
brady-violation criminal-procedure discretionary-review due-process evidentiary-hearing habeas-corpus michigan-supreme-court people-v-ginther post-conviction remand state-court supreme-court-review |
Question not identified. |
| 22-5496 |
Vance L. White v. Texas |
Texas |
2022-09-01 |
Denied |
IFP |
court-modification criminal-procedure grand-jury indictment-elements ineffective-assistance-of-counsel judicial-discretion plea-bargaining plea-colloquy sentencing statutory-maximum |
Can H)t Tudyz modipy the. essentiac elements set Qonth In the /'ndittment cn~ the. Plea CoUoquy?
Coin -the. Court Armnd M indictment- (oithout dAt te… |
| 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 |
The Sixth Amendment of the U.S. Constitution requires that the accused "shall enjoy the right ... to be confronted with the witnesses against him." Th… |
| 22-5477 |
Tracey L. Brown v. United States |
Ninth Circuit |
2022-08-31 |
Denied |
Response WaivedIFP |
career-offender case-law circuit-split criminal-appeal criminal-procedure due-process hobbs-act jurisdiction ninth-circuit sentencing sentencing-guidelines |
1. Should the decision by the Ninth Circuit to deny Mr. Brown's appeal be vacated when said decision was based upon case law that was vacated by this … |
| 22-5480 |
Manuel Ralios-Chajal v. United States |
Fifth Circuit |
2022-08-31 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure due-process federal-sentencing judicial-fact-finding jury-trial reasonable-doubt sentencing |
Whether facts that affect the minimum or maximum reasonable federal sentence must be proven to a jury beyond a reasonable doubt? |
| 22-5475 |
Merlin Williams v. Burl Cain, Warden |
Fifth Circuit |
2022-08-30 |
Denied |
Response WaivedIFP |
circumstantial-evidence civil-rights constitutional-rights criminal-procedure due-process equal-protection habeas-corpus ineffective-assistance-of-counsel prosecutorial-misconduct witness-testimony wrongful-conviction |
Question not identified. |
| 22-5453 |
Hugo F. Marquez v. Brandon Kelly, Superintendent, Oregon State Penitentiary |
Ninth Circuit |
2022-08-29 |
Denied |
Response WaivedIFP |
certificate-of-appealability criminal-procedure cross-examination due-process evidence ineffective-assistance ineffective-assistance-of-counsel interview-tapes right-to-confrontation sex-abuse-case sex-crimes trial-procedure |
1. Should the Ninth Circuit have denied Marquez's motion for a certificate of appealability on the issue of ineffective assistance of counsel, where t… |
| 22-5458 |
Kenneth Lainell Davis v. Florida |
Florida |
2022-08-29 |
Denied |
IFP |
criminal-defendant criminal-procedure criminal-trial due-process eighth-amendment felony jury jury-composition juvenile-sentencing mandatory-minimum sixth-amendment |
1. Whether the Sixth Amendment requires a twelve-person jury to try a criminal defendant accused of a felony offense.
2. Whether the imposition of a … |
| 22-5459 |
Jose Socorro Gonzalez-Ruiz v. United States |
Fifth Circuit |
2022-08-29 |
Denied |
Response WaivedIFP |
case-review constitutional-law criminal-procedure due-process judicial-interpretation legal-precedent recidivism sentencing stare-decisis statutory-interpretation supreme-court-precedent |
Whether Almendarez-Torres v. United States, 523 U.S. 224 (1998)
should be overruled. |
| 22-5460 |
Bradley Lane Croft v. United States |
Fifth Circuit |
2022-08-29 |
GVR |
Relisted (2)IFP |
aggravated-identity-theft circuit-split criminal-procedure discretionary-review federal-question identity-theft money-laundering sufficiency-of-evidence wire-fraud |
Whether an accused commits the crime of aggravated identity theft by merely uttering, mentioning, or reciting someone else's name when committing frau… |
| 22-5464 |
Barney Adrian Dunlap v. David Mitchell, Superintendent, Lanesboro Correctional Institution |
Fourth Circuit |
2022-08-29 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process federal-constitutional-rights ineffective-assistance jury-instructions lesser-included-offenses state-constitutional-rights |
1) Has the trial court erred by refusing to instruct the Jury on lesser Included offenses supported by the evidence in violation of Dunlap's State and… |
| 22-5446 |
Jose Francisco Maldonado-Rosa v. United States |
Fifth Circuit |
2022-08-25 |
Denied |
Response WaivedIFP |
appeal appeal-waiver criminal-procedure fifth-circuit plea-agreement sentencing waiver waiver-of-rights |
Whether the Fifth Circuit erred by ruling that Mr. Maldonado waived the
right to appeal his sentence because of the Waiver of Appeal provision in his … |
| 22-5450 |
Jermaine Crump v. Joe Errington, Warden |
Fifth Circuit |
2022-08-25 |
Denied |
Response WaivedIFP |
brady-disclosure constitutional-rights criminal-procedure due-process evidence-suppression habeas-corpus harmless-error ineffective-assistance-of-counsel prosecutorial-misconduct standard-of-review |
Question not identified. |
| 22-5443 |
Robert L. Davis v. Ashley Moody, Attorney General of Florida, et al. |
Eleventh Circuit |
2022-08-24 |
Denied |
Response WaivedRelisted (2)IFP |
burglary-conviction civil-rights constitutional-law criminal-procedure DNA-database due-process ex-post-facto habeas-corpus retroactive-laws standing statutory-interpretation |
Reason For Question #1
There exist a ConFliat Among United States Circuit Counts
On Whether the Immenent Danger oF 28 U.S.C. 3 1915(g) aPPly
to at the… |
| 22-5428 |
Norman Lafonte Pryor, aka Nc LaFonse Pryor v. Ronald Erdos, Warden |
Sixth Circuit |
2022-08-24 |
Denied |
Response WaivedIFP |
criminal-procedure dna-evidence due-process exculpatory-evidence ineffective-assistance-of-counsel right-to-counsel |
Question not identified. |
| 22-5436 |
Oraine D. Brown v. New Jersey |
New Jersey |
2022-08-24 |
Denied |
Response WaivedRelisted (2)IFP |
criminal-procedure discovery discovery-rules due-process judicial-discretion new-jersey-court-rule pre-indictment-discovery prosecutorial-misconduct prosecutorial-motion speedy-trial trial-commencement trial-postponement |
(1) Can a trial judge postpone a trial on its commencement date at the prosecutor's motion for additional discovery without establishing how the oppos… |
| 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. … |
| 22-5427 |
Jade Christian Nichols v. United States |
Tenth Circuit |
2022-08-23 |
Denied |
Response WaivedIFP |
controlled-substance criminal-procedure federal-law federal-sentencing preemption sentencing-guidelines state-law statutory-interpretation |
Does a state definition of "controlled substance" control a federal sentencing enhancement under the Sentencing Guidelines, when the state lists subst… |
| 22-5432 |
Terence Valentine v. Florida |
Florida |
2022-08-23 |
Denied |
IFP |
actual-innocence constitutional-rights criminal-procedure due-process evidentiary-development habeas-corpus jury-trial jury-verdict state-courts |
Whether, when deciding if it should allow a defendant an opportunity to present evidence of actual innocence, a state court must, in conformance with … |
| 22-5412 |
Clifton Lee Tribble v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-08-22 |
Denied |
Relisted (2)IFP |
civil-rights constitutional-rights criminal-procedure due-process evidence-collection habeas-corpus judicial-review police-procedure standing witness-testimony |
Question not identified. |
| 22-5422 |
Vohn Robert Cooper v. Florida |
Florida |
2022-08-22 |
Denied |
IFP |
criminal-procedure due-process jury-trial sentencing sixth-amendment statutory-maximum |
WHETHER THE SENTENCING JUDGE VIOLATED COOPER'S SIXTH AMENDMENT RIGHT TO HAVE A JURY DETERMINE ANY FACT THAT INCREASED THE STATUTORY MAXIMUM IN HIS CAS… |
| 22-5374 |
In Re Darris Newsome |
|
2022-08-19 |
Denied |
IFP |
civil-rights criminal-procedure due-process evidence evidentiary-admission incarceration incarceration-evidence judicial-discretion transfer-history |
Did refusal to allow Darris Antory Newsome certified and authenticated copy of a transfer history document severely hinder his ability to present his … |
| 22-5385 |
J. S. v. Texas |
Texas |
2022-08-19 |
Denied |
IFP |
confrontation criminal-procedure due-process juvenile-justice kent-v-united-states sixth-amendment |
A split exists among state courts of last resort on whether the Sixth Amendment right to confrontation extends to a hearing on whether to certify a ch… |
| 22-5396 |
Timothy J. Hill v. Oklahoma |
Oklahoma |
2022-08-19 |
Denied |
IFP |
criminal-procedure federal-jurisdiction indian-law mcgirt-case native-american-rights oklahoma-jurisdiction procedural-rule retroactivity statutory-interpretation substantive-rule supreme-court-ruling |
Whether McGirt v. Oklahoma, 140 S. Ct. 2452 (2020), is a Substantive ruling or a Procedural ruling. |
| 22-5399 |
John Afriyie v. United States |
Second Circuit |
2022-08-19 |
Denied |
Response WaivedIFP |
attorneys-fees circuit-split corporate-expenses criminal-procedure criminal-restitution mandatory-victims-restitution-act noscitur-a-sociis restitution statutory-interpretation |
Section (b)(4) of the Mandatory Victims Restitution Act ("MVRA") requires a criminal defendant convicted of a wide variety of offenses to:
reimburse … |
| 22-5400 |
Maurice D. Bell v. United States |
Eighth Circuit |
2022-08-19 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure federal-rules-of-criminal-procedure judicial-discretion plain-error-review preservation-of-error procedural-error sentencing sentencing-procedure |
Whether an appellate court errs under Fed. R. Crim. P. 51 by applying plain error review to a claim of procedural error brought to the sentencing judg… |
| 22-5402 |
Ronnie Jones v. Deanna Brookhart, Warden |
Seventh Circuit |
2022-08-19 |
Denied |
Response WaivedIFP |
civil-rights constitutional-law criminal-procedure due-process fair-trial habeas-corpus judicial-review jurisdiction procedural-error sentencing standing |
Question not identified. |
| 22-5403 |
Paul Frederick Stover v. Oregon Board of Parole and Post-Prison Supervision |
Ninth Circuit |
2022-08-19 |
Denied |
Response WaivedIFP |
certificate-of-appealability criminal-procedure ineffective-assistance ineffective-assistance-of-counsel lesser-included-offense second-degree-assault sixth-amendment strickland-standard strickland-v-washington |
Could reasonable jurists debate whether trial counsel's failure to request a lesser-included offense instruction as an alternative to second degree as… |
| 22-5404 |
Charles Anthony Walker, Jr. v. United States |
Fourth Circuit |
2022-08-19 |
Denied |
IFP |
abduction abduction-definition circuit-split criminal-law criminal-procedure fourth-circuit hobbs-act robbery sentencing-enhancement sentencing-guidelines statutory-interpretation united-states-sentencing-guidelines |
(1) Whether movement of an employee within the confines of a store qualifies as abduction under U.S.S.G. § 2B3.1(b)(4)(A) |
| 22-5405 |
Perry Sawano v. Colorado |
Colorado |
2022-08-19 |
Denied |
IFP |
8th-amendment aggregate-sentence constitutional-interpretation constitutional-law criminal-procedure cruel-and-unusual-punishment eighth-amendment proportionality-analysis proportionality-review sentencing sentencing-review |
1) Does the Eighth Amendment of the U.S. Constitution, which prohibits
the imposition of cruel and unusual punishment require that a sentencing
court… |
| 22-5384 |
In Re Randell Joseph Redmond |
|
2022-08-18 |
Denied |
IFP |
appellate-jurisdiction civil-rights constitutional-claims criminal-procedure due-process equal-protection federal-habeas federal-review habeas-corpus procedural-rights standing |
Question not identified. |
| 22-5387 |
Ulises Ervey Islas-Macias v. United States |
Fifth Circuit |
2022-08-18 |
Denied |
Response WaivedIFP |
case-review constitutional-rights criminal-procedure due-process fifth-circuit judicial-precedent legal-challenge sentencing statutory-interpretation supreme-court-precedent supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-5389 |
Antonio Molina-Rodriguez v. United States |
Fifth Circuit |
2022-08-18 |
Denied |
Response WaivedIFP |
criminal-case criminal-procedure due-process fifth-circuit legal-review precedent recidivism sentencing stare-decisis statutory-interpretation supreme-court writ-of-certiorari |
Should the Court overrule Almendarez- Torres v. United States, 523 U.S. 244 (1998)? |
| 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—
e made by an inmate/declarant who was moved
into the cell of an inmate/informant, who was
then outfitted … |
| 22-5359 |
Kareem M. Murray v. Joseph Noeth, Superintendent, Attica Correctional Facility |
Second Circuit |
2022-08-17 |
Denied |
Response WaivedIFP |
28-usc-2254 batson-challenge batson-v-kentucky criminal-procedure federal-review habeas-corpus peremptory-challenges peremptory-strike prosecutorial-discrimination supreme-court-precedent unreasonable-determination-of-facts |
1. Whether a state trial court's granting of a prosecutor's challenge to a defendant's use of a peremptory strike, without following the three-step pr… |
| 22-5365 |
David Steve Elias v. United States |
Fifth Circuit |
2022-08-17 |
Denied |
Response WaivedIFP |
criminal-procedure mandatory-minimum plain-error retroactivity rule-11 sentencing |
I. After Mr. Elias's plea but before his sentencing, the First Step Act amended § 924(c)(1) to clarify that the consecutive mandatory minimum sentence… |
| 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 |
1). If the record in this case contains two "written waivers" of counsel, and one request to proceed pro se by counsel, prior to voir dire. But, the r… |
| 22-5377 |
Malik Breyon Hollis v. Matthew Magnusson, Warden |
First Circuit |
2022-08-17 |
Denied |
Response WaivedIFP |
civil-rights constitutional-law criminal-procedure due-process equal-protection jury-composition jury-selection peremptory-challenges racial-discrimination |
Whether peremptory challenges of racial minorities during jury selection in criminal trials should be subjected to a heightened judicial inquiry of st… |
| 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 |
Can a State charge a defendant with committing a crime against a specific individual and at trial present a completely different individual as the all… |
| 22-5360 |
Wayne Chin v. Joseph Noeth, Superintendent, Attica Correctional Facility |
Second Circuit |
2022-08-16 |
Denied |
Response WaivedIFP |
accused-autonomy actual-innocence attorney-client-relationship autonomy constitutional-rights criminal-procedure defense-counsel due-process right-to-counsel sixth-amendment unwelcome-defense |
WHETHER A DEFENSE COUNSEL CAN OVERRIDE AN ACCUSED 'S FINAL AND
INFORMED DECISION FOR AN ACTUAL INNOCENCE DEFENSE AND IMPOSE AN
UNWELCOME DEFENSE UPON … |
| 22-5363 |
Rodney Flucas v. United States |
Ninth Circuit |
2022-08-16 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-intent criminal-procedure due-process federalism interstate-travel jury-instruction precedent sexual-conduct state-authority |
Was the Jury Erroncously Instructed That the Government Only had to Prove
That Sexual Activity Was a "Motivating Purpose" for Transportation of Person… |
| 22-146 |
Tracy Smith v. Georgia |
Georgia |
2022-08-16 |
Denied |
Response Waived |
constitutional-law constitutional-rights criminal-procedure ineffective-assistance-of-counsel jury-instruction jury-instructions non-unanimous-verdict sixth-amendment trial-counsel |
Whether it is a violation of the Sixth Amendment for trial counsel to fail to object to a jury instruction that sanctioned a non-unanimous verdict. |
| 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.… |
| 22-140 |
Yvette B. Beaulieu v. Merrick B. Garland, Attorney General, et al. |
District of Columbia |
2022-08-15 |
Denied |
Response Waived |
civil-procedure civil-rights criminal-procedure disclosure-requirements due-process equal-protection federal-employee government-investigation government-misconduct legal-fairness |
1. WHY IS THERE NO EQUAL APPLICATION OF
RELEVANT FAIRNESS PRINCIPLES IN CIVIL
AND CRIMINAL MATTERS?
2. WHY IS THE UNITED STATES GOVERNMENT
ALLOWED… |
| 22-5348 |
Clarence Lee v. United States |
Fifth Circuit |
2022-08-15 |
Denied |
Response WaivedIFP |
abuse-of-discretion civil-procedure criminal-procedure due-process judicial-bias judicial-recusal motion-hearing prosecutorial-agreement recusal sentencing sentencing-discretion standing |
1) Whether the district court erred by denying defense counsel's oral motion for recusal of the district judge.
2) Whether the district court erred b… |
| 22-5349 |
Leopoldo Pacheco-Apodaca v. United States |
Fifth Circuit |
2022-08-15 |
Denied |
Response WaivedIFP |
constitutional-law court-of-appeals criminal-procedure due-process judicial-review legal-precedent precedent sentencing supreme-court supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-5352 |
Travis Thomas, Jr. v. United States |
Fifth Circuit |
2022-08-15 |
Denied |
Response WaivedIFP |
5th-amendment criminal-procedure factual-description factual-distinction fifth-amendment grand-jury grand-jury-clause indictment-modification prescription-drug required-element trial-amendment |
Does the Fifth Amendment's Grand Jury Clause prohibit a trial amendment altering a factually distinct description of a required element? |
| 22-5353 |
Ricardo Salazar-Munoz v. United States |
Fifth Circuit |
2022-08-15 |
Denied |
Response WaivedIFP |
case-review constitutional-law criminal-procedure due-process fifth-circuit judicial-precedent legal-challenge precedent sentencing supreme-court supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez- Torres v. United States, 523 U.S. 244 (1998)? |
| 22-5335 |
Julius Wayne Baker v. Bryan K. Dobbs, Warden |
Fourth Circuit |
2022-08-11 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure due-process federal-investigation federal-jurisdiction free-speech incarceration legal-jurisdiction miranda-rights standing |
Federal Bureau of Investigation.
2) How can the petitoner be in two places at once, when proving he was already
Incarcerated in another county in the… |
| 22-5337 |
Carlos Vazquez-Tellez v. United States |
Fifth Circuit |
2022-08-11 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure due-process indictment jury-trial prior-conviction prior-convictions sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 22-5338 |
Chikosi Legins v. United States |
Fourth Circuit |
2022-08-11 |
Denied |
Response WaivedIFP |
18-usc-1001 apprendi apprendi-rule criminal-law criminal-procedure evidence false-statement relevant-conduct sentencing sentencing-enhancement statutory-maximum sufficiency |
I. Whether the evidence was sufficient to support the conviction under 18 U.S.C. 1001.
II. Whether the defendant was improperly subjected to an enhan… |
| 22-5342 |
Patrick LaJuan Jones, Jr. v. United States |
Tenth Circuit |
2022-08-11 |
Denied |
Response WaivedIFP |
controlled-substance criminal-procedure federal-law federal-sentencing preemption sentencing-guidelines state-law statutory-interpretation |
Does a state definition of "controlled substance" control a federal sentencing enhancement under the Sentencing Guidelines, when the state lists subst… |
| 22-5343 |
In Re Quelyory A. Rigal |
|
2022-08-11 |
Denied |
IFP |
criminal-procedure due-process duplicitous-indictment fifth-amendment habeas-corpus jury non-unanimous-verdict sixth-amendment |
1. Whether a non-unanimous verdict in C.D.FL. # 0:12-cr-60088-WPD, in violation of the Fifth Amendment and Sixth Amendment, is plain error, reversible… |
| 22-5326 |
Juan Samuel Rodriguez-Huitron v. United States |
Fifth Circuit |
2022-08-10 |
Denied |
Response WaivedIFP |
clear-error criminal-procedure judicial-review limited-remand plain-error remand sentencing sentencing-guidelines statutory-maximum substantial-rights |
This Court in Molina-Martinez v. United States advised that courts of appeals may order a limited remand to assess the impact of clear error on the de… |
| 22-5328 |
Justin Michael Tyson v. North Carolina |
North Carolina |
2022-08-10 |
Denied |
Relisted (2)IFP |
criminal-procedure due-process indictment jurisdiction standing statutory-interpretation |
Question not identified. |
| 22-5330 |
Demetrius J. Wade v. Harold W. Clarke, Director, Virginia Department of Corrections |
Fourth Circuit |
2022-08-10 |
Rehearing |
Response WaivedRelisted (2)IFP |
14th-amendment 5th-amendment criminal-procedure due-process evidence-tampering fifth-amendment forensic-evidence fourteenth-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel |
(1). Was petitioner's 5th and 14th Amendment Rights violated when police tampered with evidence and removed bullet fragments recovered from the victim… |
| 22-132 |
Carlos Ruben Ruiz v. Massachusetts |
Massachusetts |
2022-08-10 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
14th-amendment 5th-amendment criminal-procedure demeanor-evidence due-process fair-trial fifth-amendment fourteenth-amendment jury-instructions |
In a criminal trial, "[d]ue process means a jury capable and willing to decide the case solely on the evidence before it, and a trial judge ever watch… |
| 22-124 |
Brett C. Kimberlin v. United States |
Seventh Circuit |
2022-08-09 |
Denied |
Amici (1) |
circuit-split civil-disability civil-rights collateral-consequences criminal-procedure due-process judicial-review standing writ-of-error-coram-nobis |
Whether a petitioner must show he suffers from a "civil disability"—that is, a collateral consequence that causes a substantial and present harm, is s… |
| 22-5305 |
Aileen Kogera Njoroge v. United States |
Eighth Circuit |
2022-08-09 |
Denied |
Response WaivedIFP |
criminal-conviction criminal-procedure criminal-sentencing due-process fraud identity-theft legal-appeal probation restitution sentencing sufficiency-of-evidence trial-court-discretion |
The Defendant, Aileen Kogera Njoroge, hereinafter "Kogera " appeals her conviction following a jury trial held on October 13th through October 16, 202… |
| 22-5313 |
Jesse Rondale Bailey v. United States |
Sixth Circuit |
2022-08-09 |
Denied |
Response WaivedIFP |
18-usc-3553(a)(6) career-offender criminal-procedure empirical-evidence evidence-based judicial-discretion presumption sentencing-disparities sentencing-guidelines unwarranted-disparity within-range-sentences |
When evaluating whether a sentence imposed within the applicable guideline range avoids unwarranted sentencing disparities under 18 U.S.C. § 3553(a)(6… |
| 22-5314 |
Daniel Ray v. United States |
Ninth Circuit |
2022-08-09 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure criminal-sentencing due-process judicial-discretion legal-reasoning rita-v-united-states sentencing-guidelines |
The Court has observed that "where a party presents nonfrivolous reasons for
imposing a different sentence, the judge will normally go further and exp… |
| 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 |
3., Do&S "fye Aw£i>PA 6-f N/ibloAe- 4*V\C Ce>n5454i£>in
0-f 4~ln£- l)n\4ed Skk^ i5^ a/\J 6^&wevoJoi-evv4- 'J
Sp^C\§i c\\j fV^£, Ist Ostno^.^ ime/it Ju… |
| 22-5304 |
Nuelito Morel-Vargas v. Connecticut |
Connecticut |
2022-08-08 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process fifth-amendment fourteenth-amendment sixth-amendment waiver waiver-doctrine |
1. Do the Fifth, Sixth, and Fourteenth Amendments require a canvass of the defendant prior to a constitutionally valid waiver of the fundamental, pers… |
| 22-5308 |
Lashawn Lewis v. New York |
New York |
2022-08-08 |
Denied |
Response WaivedIFP |
criminal-procedure daubert daubert-standard due-process expert-testimony frye-standard scientific-evidence |
Petitioner's conviction was predicated on the testimony of a so-called blood spatter expert. Defense counsel objected to the admission of this testimo… |
| 22-5309 |
Saddam Daoud Samaan v. United States |
Eighth Circuit |
2022-08-08 |
Denied |
Response WaivedIFP |
attorney-misconduct civil-rights constitutional-rights criminal-procedure due-process evidentiary-hearing habeas-corpus immunity ineffective-assistance post-conviction-relief |
Question not identified. |
| 22-5300 |
Michael G. Peters v. Andrew S. Hanen |
Fifth Circuit |
2022-08-05 |
Dismissed |
IFP |
6th-amendment civil-rights criminal-procedure due-process jury-selection public-trial |
Question not identified. |
| 22-5302 |
Michael G. Peters v. Actual Innocent Clinic |
Fifth Circuit |
2022-08-05 |
Dismissed |
IFP |
civil-rights criminal-procedure due-process free-speech public-access standing |
Question not identified. |
| 22-5282 |
Cory Mingo v. Florida |
Florida |
2022-08-04 |
Denied |
Response WaivedIFP |
4th-amendment 6th-amendment cell-site-location-information criminal-procedure due-process fourth-amendment ineffective-assistance probable-cause search-and-seizure sixth-amendment warrantless-search |
Question One: Whether the Petitioner was deprived of the effective counsel where counsel failed to file a motion to suppress cell site location inform… |
| 22-5285 |
Alifonso Eduardo Garcia v. Kansas |
Kansas |
2022-08-04 |
Denied |
Response WaivedIFP |
autopsy-evidence criminal-procedure due-process jury-questionnaire jury-selection lesser-included-offense presumed-prejudice skilling-factors standard-of-review venue venue-prejudice |
1. Whether the Kansas Supreme Court's presumed prejudice standard of review is in contrary to Skilling v. United States, 561 U.S. 358, 130 S.Ct. 2896,… |
| 22-5267 |
John Everette Murray, III v. Florida |
Florida |
2022-08-03 |
Denied |
IFP |
abuse-of-discretion amendment constitutional-rights criminal-procedure due-process judicial-discretion post-conviction-relief remand rule-3.850 state-courts |
1. Will the United States Supreme Court allow the State courts to abuse their discretion by denying a rule 3.850 motion determined to be facially defi… |
| 22-5273 |
Bradley Beauchamp v. United States |
Fourth Circuit |
2022-08-03 |
Denied |
Response WaivedIFP |
4th-amendment criminal-procedure due-process evidence-suppression exclusionary-rule illegal-traffic-stop reasonable-suspicion search-and-seizure sentencing-enhancement suppression-of-evidence traffic-stop venue-violation |
1. Whether the District Court caused reversible error by not suppressing evidence obtained by an illegal traffic stop where the officer lacked articul… |
| 22-5248 |
Douglas A. Hoglan v. Virginia |
Virginia |
2022-08-02 |
Denied |
IFP |
constitutional-violation criminal-procedure due-process extrinsic-fraud fifth-amendment miranda-rights plea-agreement plea-bargain procedural-safeguards right-to-counsel right-to-due-process |
Did the extrinsic fraud which deprived Hooper of knowing of the existence of, and effectively having access to, the recordings of his police interroga… |
| 22-5252 |
Carlos Fleitas v. United States |
Eleventh Circuit |
2022-08-02 |
Denied |
Response WaivedIFP |
criminal-procedure due-process eleventh-circuit expert-testimony federal-rules-of-evidence judicial-procedure non-expert-testimony sentence-enhancement sentencing-enhancement writ-of-certiorari |
When a defendant's sentence is enhanced based a non-experts testimony should a higher standard, apart from that permitted by Fed. R. Evid. 1101(d)(3) … |
| 22-5263 |
Jesse Brown v. Eric Armel, Superintendent, State Correctional Institution at Fayette, et al. |
Third Circuit |
2022-08-02 |
Denied |
Response WaivedRelisted (2)IFP |
appellate-review counsel-performance criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-discretion procedural-default standard-of-review |
I. WhetherWAs the Courtof Appeal's decision
that Petitioner's trial Counsel told the jury
degree of murder was Suficient, is the
Petitioner entitled t… |
| 22-5264 |
Cody Gober v. United States |
Sixth Circuit |
2022-08-02 |
Denied |
Response WaivedIFP |
concurrent-sentence constitutional-scrutiny criminal-procedure due-process federal-criminal-procedure federal-sentence post-conviction-relief sentencing sixth-circuit state-sentence |
Whether the due process rights of the Petitioner were violated by the failure of the trial court to address, first at sentencing and then in a post-se… |
| 22-5265 |
Preston Hester, Jr. v. United States |
Eleventh Circuit |
2022-08-02 |
Denied |
Response WaivedIFP |
advisory-guidelines advisory-range criminal-procedure district-court due-process sentencing sentencing-guidelines SORNA SORNA-tier tier-level |
Whether the district court's failure to determine Mr. Hester's correct SORNA tier level in calculating the correct advisory Guideline sentencing range… |
| 22-5269 |
Juan M. Cuellar v. Illinois |
Illinois |
2022-08-02 |
Denied |
Response WaivedIFP |
actual-innocence constitutional-rights criminal-procedure due-process habeas-corpus lesser-offense newly-discovered-evidence post-conviction sentencing |
Whether a Retnal ZT ano core Clain Apples bo fesser ob gale? he mcd es Se fhay one Can be Ae Fall va IeCenJd- RL Ps Segre e Murder Sach thal he- "ys G… |
| 22-5234 |
Victor Manuel Duarte-Munoz v. United States |
Fifth Circuit |
2022-08-01 |
Denied |
Response WaivedIFP |
Almendarez-Torres-v-United-States Apprendi-v-New-Jersey case-jurisdiction constitutional-provisions criminal-procedure due-process fifth-circuit jury-trial legal-precedent sentencing supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-5235 |
Louis McIntosh v. United States |
Second Circuit |
2022-08-01 |
GVR |
IFP |
§924(c) criminal-procedure federal-jurisdiction forfeiture hobbs-act interstate-commerce rule-32.2 sentencing |
1. Whether petitioner's §924(c) conviction based on an attempted Hobbs Act robbery should be vacated in light of United States v. Taylor?
2. Whether … |
| 22-5241 |
Silvino Vasquez-Jacinto v. United States |
Fifth Circuit |
2022-08-01 |
Denied |
Response WaivedIFP |
Apprendi-v-New-Jersey case-jurisdiction constitutional-provisions criminal-procedure due-process fifth-circuit jury-trial legal-precedent recidivism sentencing supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-5243 |
Grover D. Cannon v. Louisiana |
Louisiana |
2022-08-01 |
Denied |
Response WaivedIFP |
actus-reus constitutional-law criminal-procedure defense-counsel mccoy-v-louisiana mens-rea right-to-autonomy self-defense sixth-amendment |
Did Louisiana's courts violate Grover D. Cannon's Sixth Amendment rights recognized in McCoy by allowing Mr. Cannon's defense counsel over Mr. Cannon'… |
| 22-5244 |
Charles M. Torrence v. Hazel Peterson, Warden |
Tenth Circuit |
2022-08-01 |
Denied |
Response WaivedIFP |
constitutional-right criminal-procedure critical-stage due-process legal-representation mental-competency right-to-counsel sixth-amendment statewide-importance |
Whether it is of statewide, and even nationwide importance, ONE:
for the United States Supreme Court to declare definitively
whether a mental compete… |
| 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 |
I. WHETHER THE FLORIDA ARTHURVBOND HEARING SATISFIES THE SIXTH AMENDMENT 'S CONFRONTATION CLAUSE REQUIREMENT AS EXPLAINED IN CRAWFORD V. WASHINGTON, 5… |
| 22-5232 |
Jesus Javier Cruz-Hernandez v. United States |
Fifth Circuit |
2022-07-29 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure federal-sentencing judicial-presumption reasonableness-standard rita-v-united-states sentencing sentencing-guidelines standard-of-review substantive-reasonableness |
Whether the Court should clarify how a defendant who challenges the substantive reasonableness of a within-Guidelines sentence may rebut an appellate … |
| 22-5212 |
Jonita Desirrae Brown v. United States |
Fifth Circuit |
2022-07-28 |
Denied |
Response WaivedIFP |
appellate-review booker-standard criminal-procedure fifth-circuit plain-error plain-unreasonableness reasonableness sentencing supervised-release |
Whether appellate review of a sentence imposed after the revocation of a defendant's supervised-release term is for reasonableness, as United States v… |
| 22-5214 |
Martin Rios-Galicia v. United States |
Fifth Circuit |
2022-07-28 |
Denied |
Response WaivedIFP |
constitutional-analysis criminal-law criminal-procedure due-process judicial-precedent precedent-overturning recidivism sentencing stare-decisis statutory-interpretation supreme-court-review |
Whether the Court should overrule Almendarez-Torres v. United States, 523 U.S. 224 (1998). |
| 22-5216 |
Ray Salazar v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-07-28 |
Denied |
Relisted (2)IFP |
constitutional-rights criminal-procedure due-process fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel investigation mental-competency sixth-amendment |
1. The question is: Did al Counsel ably Commabonal chan Assistance of Counsel Undertee SAM Htodeiont in tveir Guraveess of SelaZavs Mortal Heal isues … |
| 22-5219 |
Kim Lee Millbrook v. United States |
Seventh Circuit |
2022-07-28 |
Denied |
Response WaivedIFP |
civil-procedure civil-rights constitutional-rights criminal-procedure due-process first-amendment ineffective-assistance newly-discovered-evidence prosecutorial-misconduct standing takings |
Whether petitioner has a jurisdictional and standing to challenge 18 U.S.C. § 922 and 924, 18 U.S.C. § 1512(c)(2), and 18 U.S.C. § 30 as an infringeme… |
| 22-5194 |
Maxo Jean v. United States |
Second Circuit |
2022-07-27 |
Denied |
Response WaivedIFP |
28-usc-2255 appeals appellate-procedure criminal-procedure federal-rules-of-appellate-procedure habeas-corpus judicial-discretion jurisdiction motion-to-vacate timeliness timely-filing |
WHETHER THE APPEALS COURT ABUSED ITS DISCRETION BY DIS
MISSING PETITIONER'S "NOTICE OF APPEAL" FROM THE DENIAL OF A
MOTION TO VACATE, FILED PURSUANT … |
| 22-5202 |
In Re Tavon Dameon Davis |
|
2022-07-27 |
Denied |
Response WaivedIFP |
conspiracy criminal-procedure due-process evidence habeas-corpus judicial-misconduct mandamus prosecutorial-misconduct witness-tampering |
Whether a writ of mandamus should issue directing the court of appeals (Fourth Circuit) to remand this case to the district court without delay to hol… |
| 22-5206 |
Shain Duka v. United States |
Third Circuit |
2022-07-27 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
924(c) actual-innocence circuit-court-review concurrent-sentence-doctrine criminal-conviction criminal-procedure invalid-conviction judicial-procedure jury-instruction sentencing-error statutory-interpretation |
Whether the Third Circuit Erred in Utilizing the Concurrent Sentence Doctrine to Uphold a Concededly Invalid 924(c) Conviction. |
| 22-77 |
David Brown v. Louisiana |
Louisiana |
2022-07-27 |
Denied |
Amici (3)Relisted (7) |
brady-disclosure brady-v-maryland criminal-evidence criminal-procedure due-process exculpatory-evidence favorable-evidence material-evidence materiality-standard third-party-confession |
Where a defendant denies participating in a particular criminal act, is another person's confession
stating that he and someone else committed the act… |
| 22-81 |
Nathaniel Lambert v. Louisiana |
Louisiana |
2022-07-27 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
appellate-review constitutional-law criminal-procedure due-process griffith-standard jury-unanimity prejudice rehabilitation sentencing-delay |
1. Respondent and Louisiana courts delayed eighteen years before sentencing petitioner on two criminal convictions. It is undisputed this delay preven… |
| 22-5188 |
Jamshid Muhtorov v. United States |
Tenth Circuit |
2022-07-26 |
Denied |
Response WaivedIFP |
barker-test barker-v-wingo constitutional-rights criminal-procedure due-process exculpatory-evidence judicial-balancing sixth-amendment speedy-trial |
I. Whether the judge-made and ahistorical balancing test for assessing a deprivation of the Sixth Amendment's right to a speedy trial set out in Barke… |
| 22-5190 |
Rafael Cortez-Oropeza v. United States |
First Circuit |
2022-07-26 |
Denied |
Response WaivedIFP |
admissibility-of-evidence atf bureau-of-alcohol-tobacco-and-firearms criminal-procedure evidence expert-testimony firearms interstate-commerce judicial-discretion legal-standard |
1. Should certiorari be granted where the district court itself called
this case a "close" situation when an unqualified Special Agent with the
Bureau… |
| 22-5168 |
Rodney Mesquias v. United States |
Fifth Circuit |
2022-07-25 |
Denied |
Response WaivedIFP |
appeals appellate-review criminal-conviction criminal-procedure due-process fifth-circuit judicial-error jurisdiction legal-standard sentencing standard-of-review |
Whether the United States Court of Appeals for the Fifth Circuit erred in affirming Mesquias' convictions and sentences. |
| 22-5174 |
Lester Waters, Jr. v. United States |
Eighth Circuit |
2022-07-25 |
Denied |
Response WaivedIFP |
criminal-procedure custodial-interrogation due-process exclusionary-rule miranda-rights self-incrimination substance-influence voluntary-waiver |
* unw rnmn i fqtfr WATFRS IR WAIVE HIS RIGHTS "KNOWINGLY AND INTELLIGENTLY" WHILE UNDER
THF°TNFUIENCEE OFEA SUBSTANCE "ALCOHOL" ? PER BERGHUIS V. THO… |
| 22-5177 |
William Eugene Moon v. Tennessee |
Tennessee |
2022-07-25 |
Denied |
Response WaivedIFP |
6th-amendment constitutional-rights criminal-procedure due-process habeas-corpus right-to-counsel sixth-amendment speedy-trial statute-of-limitations trial-delay |
Was the Defendant denied a speedy trial? |
| 22-5153 |
Ramon A. Boyce v. Ohio |
Ohio |
2022-07-22 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process evidence-authentication prejudice pro-se-defendant self-representation trial-court trial-court-discretion |
1.) Has a criminal Defendant's constitutional right to self-representation been violated by a trial court, if that court unreasonably delays the Defen… |
| 22-5154 |
Myron Baker v. United States |
Sixth Circuit |
2022-07-22 |
Denied |
Response WaivedIFP |
court-record criminal-procedure district-court evidence evidence-admission federal-prosecution record-of-court search-and-seizure search-warrant state-search-warrant structural-error |
As Courts of the United States are Courts of Record, is it structural error for the federal Prosecution to rely upon a state search warrant for the ad… |
| 22-5155 |
In Re Donald Williams |
|
2022-07-22 |
Denied |
IFP |
cage-v-louisiana cause-and-prejudice constitutional-review criminal-procedure habeas-corpus ineffective-assistance ineffective-assistance-of-counsel martinez-v-ryan out-of-time-appeal writ-of-appeal |
1) Whether the facts of Cockeiham and Petitioner Williams are exactly the same for purpose of out of time appeal and application of Cage to their conv… |
| 22-5158 |
Bernard J. Battle v. United States |
District of Columbia |
2022-07-22 |
Denied |
Response WaivedIFP |
civil-rights criminal-conviction criminal-procedure due-process ineffective-assistance legal-nullity plea-bargaining procedural-default sentencing state-law statutory-interpretation |
When guilty plea is entered without the defendant being informed of the consequences, the judgment of conviction is a nullity. |
| 22-5160 |
Robert V. Wonsch v. Scott Crow, Director, Oklahoma Department of Corrections |
Tenth Circuit |
2022-07-22 |
Denied |
IFP |
criminal-procedure due-process federal-supremacy sixth-amendment speedy-trial state-constitutional-law |
1. May any State or Territory create, enact or enforce 2 any penal statute or constitutional
provision in CONTUMACY of the Sixth Amendment right to a … |
| 22-5161 |
Antonio M. Taylor v. United States |
Eighth Circuit |
2022-07-22 |
Denied |
Response WaivedIFP |
18-usc-3582 criminal-procedure district-court-discretion extraordinary-and-compelling-reasons extraordinary-circumstances retroactivity sentence-reduction sentencing-law statutory-interpretation |
Whether a district court may consider nonretroactive changes in sentencing law in determining whether a defendant has shown "extraordinary and compell… |
| 22-5165 |
Daniel Boos v. Jermaine White, Warden |
Eleventh Circuit |
2022-07-22 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure cumulative-error cumulative-prejudice due-process effective-assistance-of-counsel ineffective-assistance sixth-amendment trial-counsel trial-errors |
Question not identified. |
| 22-5147 |
Ortavious Devon Wilson v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2022-07-21 |
Denied |
Response WaivedIFP |
almendarez-torres-v-united-states certificate-of-appealability constitutional-rights criminal-procedure jury-trial mandatory-minimum mandatory-sentencing prison-releasee-reoffender sixth-amendment |
1. Whether the Petitioner's sentence violated his Sixth Amendment right to
a jury trial when the trial court imposed a minimum mandatory sentence of l… |
| 22-5149 |
Rajesh Ramcharan v. United States |
Tenth Circuit |
2022-07-21 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process immigration immigration-fraud marriage-fraud racial-prejudice rosales-loper voir-dire |
Rajesh Ramcharan is Black. He was charged with immigration and marriage fraud related offenses. Both immigration and marriage are issues with long his… |
| 22-5150 |
Julio Cesar Gomez v. United States |
Ninth Circuit |
2022-07-21 |
Denied |
IFP |
circuit-split criminal-procedure due-process entrapment entrapment-defense evidence-admissibility fair-trial inadmissible-evidence judicial-discretion preemptive-rebuttal |
The Second, Seventh, Eighth, Eleventh, and D.C. Circuits require that before the government may introduce otherwise inadmissible evidence to rebut a c… |
| 22-5151 |
James Tyrell Drane v. Michigan |
Michigan |
2022-07-21 |
Denied |
IFP |
14th-amendment constitutional-interpretation constitutional-law criminal-procedure due-process ex-post-facto fourteenth-amendment retroactive-law statute-of-limitations |
THE U.S. SUPREME COURT HAS HELD.THAT A STATE LAW'S REVIVAL OF AN EXPIRED LIMITATION
PERIOD UNDER ITS STATUTE OF LIMITATIONS VIOLATES THE EX POST FACT… |
| 22-5128 |
My Loan Nguyen v. Michael Pallares, Warden |
Ninth Circuit |
2022-07-19 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure custodial-interrogation due-process fifth-amendment fundamental-rights miranda-rights ninth-circuit police-interrogation police-questioning |
The sole question raised by this Petition for Certiorari is whether the Ninth Circuit Court of Appeals violated petitioner's fundamental rights by rul… |
| 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… |
| 22-5135 |
Joshua Jay Schroeder v. United States |
Ninth Circuit |
2022-07-19 |
Denied |
Response WaivedIFP |
appeal appeal-waiver criminal-procedure federal-rules plea-agreement right-to-appeal sentencing |
Does a defendant retain the right to appeal a sentence if, after imposition of the sentence, the district court advises the defendant of the right to … |
| 22-5137 |
Clifford Raymond Salas v. United States |
Tenth Circuit |
2022-07-19 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure district-court-discretion due-process factual-errors plain-error prosecutorial-argument sentencing sentencing-variance tenth-circuit-review |
Did the Tenth Circuit wrongly hold that the district court did not plainly err, where (a) the prosecutor argued that a factually untrue reason support… |
| 22-5138 |
Arthur Frank Cardenas v. United States |
Ninth Circuit |
2022-07-19 |
Denied |
Response WaivedIFP |
certificate-of-appealability criminal-procedure due-process firearm-possession habeas-corpus knowledge-element ninth-circuit rehaif-standard rehaif-v-united-states right-to-counsel sentencing |
In light of this Court's decision in Rehaif v. United States, 139 S.Ct. 2191 (2019) must show that the defendant knew he possessed the firearm and als… |
| 22-5139 |
Carol Johnene Morris v. United States |
Fifth Circuit |
2022-07-19 |
Denied |
Response WaivedRelisted (2)IFP |
2nd-amendment armed-career-criminal-act civil-rights criminal-history criminal-procedure double-jeopardy drug-possession due-process felony-enhancement prior-convictions sentencing sentencing-guidelines |
Question not identified. |
| 22-49 |
Efrain Lora v. United States |
Second Circuit |
2022-07-19 |
Judgment Issued |
Amici (2)Response RequestedResponse WaivedRelisted (3) |
circuit-split concurrent-sentences consecutive-sentences criminal-law criminal-procedure federal-criminal-law mandatory-minimums sentencing sentencing-discretion statutory-interpretation |
Whether 18 U.S.C. § 924(c)(1)(D)(ii), which provides that "no term of imprisonment imposed … under this subsection shall run concurrently with any oth… |
| 22-5116 |
Michael Dewayne Vickers v. United States |
Fifth Circuit |
2022-07-18 |
Denied |
Response WaivedIFP |
acca actual-reliance armed-career-criminal-act criminal-procedure habeas-corpus johnson-standard johnson-v-united-states jurisdictional-requirement second-or-successive-motion sentencing sentencing-reliance |
After this Court struck down the Armed Career Criminal Act's residual cause in 2015, the Fifth Circuit granted Mr. Vickers permission to file a "secon… |
| 22-5119 |
Christopher Paul Hasson v. United States |
Fourth Circuit |
2022-07-18 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
constitutional-law criminal-defendant criminal-law criminal-procedure due-process facial-challenge statutory-interpretation vagueness void-for-vagueness |
Whether, to prevail on a facial void-for-vagueness challenge, a criminal defendant must show that the statute under which he is prosecuted is vague as… |
| 22-5067 |
Benjamin M. Withrow v. Wisconsin |
Wisconsin |
2022-07-15 |
Denied |
Response WaivedIFP |
connection-between-causes connection-severed criminal-procedure initial-confinement judicial-discretion multiple-cases sentencing-credit separate-charges wisconsin-law |
1. Whether Petitioner is entitled to sentencing credit on multiple cases when there is a connection — not between the offenses but between the causes … |
| 22-5110 |
Onterio Dimitri Brown v. Harold W. Clarke, Director, Virginia Department of Corrections |
Fourth Circuit |
2022-07-15 |
Denied |
Response WaivedIFP |
civil-rights constitutional-review criminal-conviction criminal-procedure due-process evidence jackson-v-virginia standard-of-review sufficiency-of-evidence supreme-court-precedent |
PLULE 2201 ve stole grsnneis le Culeye Cnlulaeal_uaulans my
Question Two? Hes the Supreme Cour) overturned Jackson —v. Vitginim 443 U.§ O7 G) 1 Ed ad… |
| 22-5112 |
Roberto Hernandez-Aldama v. United States |
Fourth Circuit |
2022-07-15 |
Denied |
Response WaivedIFP |
5th-amendment court-of-appeals criminal-procedure due-process evidence evidence-standard fifth-amendment judicial-interpretation methamphetamine sentencing |
Whether the court of appeals violated the defendant's Fifth Amendment right to due process where the government presented evidence regarding just one … |
| 22-5115 |
Michael Kennedy v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2022-07-15 |
Denied |
IFP |
consent constitutional-rights criminal-procedure defendant-consent due-process fourteenth-amendment right-to-counsel sixth-amendment trial-counsel |
1. Does the Sixth and Fourteenth Amendments require that before a trial counsel can conceded defendant's guilt, trial counsel must first consult with … |
| 22-44 |
Westley Devone Harris v. Alabama |
Alabama |
2022-07-15 |
Denied |
|
criminal-procedure fourteenth-amendment impartial-jury juror-misconduct jury-selection sixth-amendment voir-dire |
1. Whether a criminal defendant is deprived of his Sixth and Fourteenth Amendment rights to an impartial jury when a jury member gives dishonest and i… |
| 22-5104 |
Nakia Adams v. United States |
Third Circuit |
2022-07-14 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-indictment criminal-procedure due-process felon-in-possession indictment speedy-trial third-circuit |
1. Did the Third Circuit error by not dismissing Mr. Adams' indictment on speedy trial ground and/or the Government's failure to prove that he is a fe… |
| 22-5105 |
Tanner Lance King v. United States |
Fifth Circuit |
2022-07-14 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure criminal-sentencing due-process presumption-of-reasonableness sentencing-guidelines substantive-reasonableness within-guidelines-sentence |
How does a court of appeals determine whether a defendant has rebutted the presumption of reasonableness when the defendant is challenging on appeal t… |
| 22-5106 |
Kalvin Lamar Washington v. Michigan |
Michigan |
2022-07-14 |
Denied |
IFP |
acquittal court-forms criminal-procedure double-jeopardy due-process habeas-corpus indigent-petitioner jury-trial state-prosecution statutory-provisions |
Question not identified. |
| 22-5107 |
Marcus Dwayne Pemberton v. United States |
Fourth Circuit |
2022-07-14 |
Denied |
Response WaivedIFP |
appeal-waiver appeal-waivers brady-standard brady-v-united-states circuit-split criminal-procedure miscarriage-of-justice plea-agreement plea-agreements sentencing-guideline sentencing-guidelines |
SHOULD STANDARDS OTHER THAN THE KNOWING AND VOLUNTARY WAIVER STANDARD OF BRADY V. UNITED STATES GOVERN THE ENFORCEMENT OF APPEAL WAIVERS IN PLEA AGREE… |
| 22-5082 |
Brian Gonzales v. California |
California |
2022-07-13 |
Denied |
Response WaivedIFP |
burden-of-proof constitutional-rights criminal-procedure due-process jury-instructions reasonable-doubt winship |
Does the failure to instruct juries in criminal trials that the prosecution must prove each element of the charged crime beyond a reasonable doubt vio… |
| 22-5083 |
William Wellington Hooper, Jr. v. United States |
Fourth Circuit |
2022-07-13 |
Denied |
Response WaivedIFP |
criminal-procedure double-jeopardy due-process eighth-amendment fair-trial fourth-amendment search-and-seizure sentencing |
1. Were Mr. Hooper's cell phones seized in violation of his Fourth Amendment right against unreasonable search and seizure?
2. Did the District Court… |
| 22-5084 |
Luciano Felipe-Pascual v. United States |
Fifth Circuit |
2022-07-13 |
Denied |
Response WaivedIFP |
Almendarez-Torres case-precedent criminal-procedure due-process fifth-circuit judicial-review jury-trial legal-challenge recidivism sentencing supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-5089 |
Mike Webb v. United States District Court for the Eastern District of Virginia |
Fourth Circuit |
2022-07-13 |
Denied |
Response WaivedRelisted (2)IFP |
civil-rights criminal-procedure due-process federal-appellate-procedure federal-courts federal-jurisdiction freedom-of-access-to-clinic-entrances grand-jury-investigation mandamus pro-se-litigation standing writ-of-mandamus |
"Globally, as of 6:19pm CEST, 6 July 2022, there have been 548,990,094
confirmed cases of COVID-19, including 6,341,637 deaths, reported to WHO", Staf… |
| 22-5091 |
Tyre Bradbury v. Indiana |
Indiana |
2022-07-13 |
Denied |
Response WaivedIFP |
all-or-nothing-strategy criminal-defense criminal-procedure defendant-consultation ineffective-assistance-of-counsel legal-strategy lesser-included-offenses performance-deficiency strickland-standard strickland-v-washington trial-strategy |
Is the decision not to tender available lesser included offense instructions in order to instead pursue an "all or nothing " strategy an "important de… |
| 22-5094 |
Garfield D. Campbell v. United States |
Fourth Circuit |
2022-07-13 |
Denied |
Response WaivedIFP |
4th-amendment criminal-procedure district-court due-process evidence fourth-circuit marijuana-use reversible-error sentencing supervised-release |
WHETHER THE FOURTH CIRCUIT COURT OF APPEALS ERRED BY DENYING MR. CAMPBELL'S MERITORIOUS ARGUMENT THAT THE DISTRICT COURT COMMITTED REVERSIBLE ERROR BY… |
| 22-5100 |
Joshua Eric Townley v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-07-13 |
Denied |
IFP |
burks-v-united-states constitutional-claim criminal-procedure double-jeopardy federal-prosecution insufficient-evidence reinstatement-of-convictions state-prosecution supreme-court-precedent trial-court-reversal |
1. Is there a constitutional claim of double jeopardy, reinstatement of convictions after acquittal, when a Federal or State trial court rescinds its … |
| 22-5102 |
Nathaniel Louis Daniels v. United States |
Fourth Circuit |
2022-07-13 |
Denied |
Response RequestedResponse WaivedRelisted (3)IFP |
6th-amendment armed-career-criminal-act criminal-procedure judge judicial-discretion jury jury-determination sentencing-enhancement sixth-amendment statutory-interpretation |
Whether the Sixth Amendment requires that a jury, rather than a judge, resolve whether prior crimes were "committed on occasions different from one an… |
| 22-5072 |
Basil Bey v. United States |
Third Circuit |
2022-07-12 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-trial due-process evidence-rule-701 evidentiary-standards federal-rules-of-evidence law-enforcement-testimony opinion-evidence uniform-standards witness-testimony |
1. Whether this Court should set limits on what law enforcement testimony should be admitted as opinion evidence under Federal Rule of Evidence 701. |
| 22-5074 |
Kurtis D. Worley v. Illinois |
Illinois |
2022-07-12 |
Denied |
Response WaivedIFP |
4th-amendment 5th-amendment civil-rights constitutional-rights criminal-procedure due-process ineffective-assistance plea-negotiations post-conviction-relief seizure settlements |
1. Whether Petitioners lost Conviction Petition
2. Whether Trial Counsel Rendered Ineffective Assistance of Counsel lhere he falled to advance the Ar… |
| 22-5059 |
Rodolfo Oliva-Santos v. United States |
Fifth Circuit |
2022-07-11 |
Denied |
Response WaivedIFP |
Almendarez-Torres case-law criminal-procedure due-process fifth-circuit judicial-precedent jury-trial sentencing statutory-interpretation Supreme-Court supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-5050 |
Johnny M. Ruffin v. David Mitchell |
Seventh Circuit |
2022-07-08 |
Denied |
Response WaivedIFP |
admissibility brady-materiality brady-v-maryland circuit-conflict circuit-split constitutional-rights criminal-procedure due-process evidence-suppression impeachment-evidence materiality suppressed-evidence |
The Seventh Circuit's Opinion has stretched The United States Supreme Court's Opinion in Brady v. Maryland beyond.its logical bounds when compared wit… |
| 22-5052 |
Fox Joseph Salerno v. Arizona |
Arizona |
2022-07-08 |
Denied |
Response WaivedIFP |
5th-amendment apprendi-rule constitutional-rights criminal-procedure due-process fifth-amendment grand-jury incorporation precedent subject-matter-jurisdiction |
I.
Should the U.S. Constitutional Fifth Amend requiring indictments be applied
to the States, thereby overturning precedence from 1884; Hurtado v.
C… |
| 22-5053 |
Jesus Perez-Solis v. United States |
Fifth Circuit |
2022-07-08 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 22-5055 |
Amin Wadley, aka Jamil Abdul Amin White v. United States |
Third Circuit |
2022-07-08 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-trial-procedure evidence-rules evidentiary-standards federal-rules-of-evidence law-enforcement law-enforcement-testimony lay-witness lay-witness-testimony opinion-evidence opinion-testimony |
1. Whether this Court should set limits on what law enforcement testimony should be admitted as opinion evidence under Federal Rule of Evidence 701. |
| 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 |
QUESTION A: Is the oath of the State's witness invalid in a criminal proceeding when that witness testifying from a foreign country by video-satellite… |
| 22-5047 |
Jermaine Blackwell v. Jeff Nines, Warden, et al. |
Fourth Circuit |
2022-07-07 |
Denied |
Response WaivedIFP |
criminal-procedure due-process habeas-corpus ineffective-assistance plea-bargain plea-bargaining right-to-counsel sentencing trial-counsel trial-strategy |
1. Did the lower .Court error in Not finding that the Petitioner
Trial Counsel committed ineffective assistance of Counsel
when trial counsel misadv… |
| 22-5037 |
Stephen Todd Booker v. Florida |
Florida |
2022-07-06 |
Denied |
IFP |
banks-v-dretke brady-disclosure brady-v-maryland constitutional-due-process criminal-procedure disclosure due-diligence due-process exculpatory-evidence government-misconduct prosecutorial-misconduct |
May courts impose a due diligence requirement for Brady claims that focuses on the actions of the defense rather than the government, effectively limi… |
| 22-5040 |
Priscilla Ann Ellis v. United States District Court for the District of Columbia |
District of Columbia |
2022-07-06 |
Dismissed |
Response WaivedRelisted (2)IFP |
article-iii constitutional-rights criminal-charges criminal-procedure due-process extradition indictment right-to-counsel sixth-amendment |
1. Does a criminal defendant have the right to an Attorney
Immediaetely once criminal charges are presented in an Indicment?
2. If criminal defendan… |
| 22-5023 |
Sam Jones, Jr. v. United States |
Eleventh Circuit |
2022-07-05 |
Denied |
Response WaivedIFP |
abuse-of-discretion constitutional-rights criminal-procedure due-process eleventh-circuit judicial-discretion less-culpable-defendant mandatory-minimum sentencing-entrapment supervisory-jurisdiction |
Whether in the exercise of its supervisory jurisdiction over the United States Courts, this Court should correct the correctable injustice, and violat… |
| 22-5024 |
Jerod Rodriguez v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2022-07-05 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
certificate-of-appealability criminal-procedure guilty-verdict ineffective-assistance ineffective-assistance-of-counsel miller-el-v-cockrell mistrial postconviction-relief prejudice-prong reasonable-jurists sixth-amendment strickland-standard |
1. Whether the prejudice prong set forth in Strickland v. Washington, 466 U.S. 668 (1984), is established if a petitioner/defendant can demonstrate th… |
| 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 |
1. Wheather the due process standard recognized in Jackson v.
Virginia, 443 U.S. 307 (1979) constitutionally protects an
accused against out-of-cour… |
| 22-5028 |
Damien Dre Gonzales v. United States |
Fifth Circuit |
2022-07-05 |
Denied |
Response WaivedIFP |
adam-walsh-act appeals commerce-clause criminal-procedure district-court federal-kidnapping federal-sentencing guidelines-error harmless-error sentencing-guidelines |
IL Is a district court's Guidelines error always harmless when the court states that it would have imposed the same sentence regardless of the Guideli… |
| 22-5029 |
Christopher Michael Fairley v. United States |
Fifth Circuit |
2022-07-05 |
Denied |
Response WaivedIFP |
appellate-review court-ruling criminal-procedure due-process error-preservation judicial-discretion legal-objection preservation-of-error standard-of-review |
Whether parties to a criminal proceeding sufficiently preserve error by informing the court —when the court ruling or order is made or sought —of the … |
| 22-5030 |
Paul John Denham v. Superior Court of California, Los Angeles County, et al. |
California |
2022-07-05 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure defendant-protections due-process exculpatory-evidence habeas-corpus judicial-bias post-conviction-relief prosecutorial-misconduct |
Where a Criminal defendant has a postconviction habeas petition alleging the district attorney's office engaged in Brady/Napve multiple intentional vi… |
| 22-5016 |
Christopher Lee Bryant v. United States |
Sixth Circuit |
2022-07-01 |
Denied |
Response WaivedIFP |
corroboration criminal-procedure fourth-amendment police-investigation probable-cause recently-arrested-person search-and-seizure warrant warrant-requirement |
Does the Fourth Amendment require police officers to corroborate information obtained from a recently arrested person, whom officers did not know unti… |
| 22-5017 |
Travaris Devon Bishop v. United States |
Fifth Circuit |
2022-07-01 |
Denied |
Response WaivedIFP |
18-USC-3553(a) criminal-procedure criminal-sentencing district-court-discretion due-process sentencing-factors sentencing-guidelines statutory-maximum substantive-reasonableness |
Whether the district court ordered a substantively unreasonable statutory maximum sentence of 120 months in prison, when the Guidelines range was only… |
| 22-5018 |
Michael Allen Long v. United States |
Fifth Circuit |
2022-07-01 |
Denied |
Response WaivedIFP |
appeal appeal-waiver appellate-review criminal-procedure fifth-circuit jurisdiction plea-agreement plea-bargaining procedural-error standard-of-review waiver |
Whether the Fifth Circuit erred by finding that Mr. Long's appeal should be dismissed based on the waiver of appeal provision in his Plea Agreement. |
| 22-5019 |
Amber Renee Guyger v. Texas |
Texas |
2022-07-01 |
Denied |
IFP |
constitutional-review criminal-procedure due-process jackson-v-virginia legal-sufficiency mistake-of-fact self-defense |
1. Under the legal sufficiency standard of Jackson v. Virginia, does a court violate due process by concluding that self-defense and mistake-of-fact a… |
| 22-5004 |
Eduardo Pena-Garcia v. United States |
Fifth Circuit |
2022-06-30 |
Denied |
Response WaivedIFP |
almendarez-torres case-review constitutional-law criminal-procedure due-process fifth-circuit judicial-precedent jury-trial sentencing supreme-court supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-5005 |
Gerardo Olvera-Vitela v. United States |
Fifth Circuit |
2022-06-30 |
Denied |
Response WaivedIFP |
case-law court-of-appeals criminal-procedure due-process judicial-review legal-precedent overrule sentencing sixth-amendment supreme-court supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 22-5006 |
David Cadena v. United States |
Fifth Circuit |
2022-06-30 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure criminal-sentencing district-court-discretion due-process reasonableness-review sentencing sentencing-guidelines statutory-maximum upward-variance |
1. Did the district court impose a substantively unreasonable sentence when it varied upward from the advisory sentencing range to the statutory maxim… |
| 22-5007 |
Lann Tjuan Clanton, aka Tjuan v. United States |
Fourth Circuit |
2022-06-30 |
Denied |
Response WaivedIFP |
appeal-waiver criminal-procedure federal-sting federal-sting-operation fourth-circuit ineffective-assistance ineffective-assistance-of-counsel plea-agreement |
I. WHETHER, AFTER WINNING THE RIGHT TO FILE A BELATED APPEAL DUE TO COUNSEL'S INEFFECTIVENESS FOR FAILING TO FILE A NOTICE OF APPEAL, THE FOURTH CIRCU… |
| 21-8263 |
John Matthias Watson, III v. Nevada |
Nevada |
2022-06-29 |
Denied |
IFP |
capital-murder criminal-procedure defendant-autonomy mccoy-precedent mccoy-v-louisana right-to-autonomy sixth-amendment trial-counsel unauthorized-concession |
Is it a concession of guilt by trial counsel which violated Mr. Watson's longstanding right to autonomy and the Sixth Amendment holding of McCoy v. Lo… |
| 21-8265 |
Michael S. Gorbey v. United States |
District of Columbia |
2022-06-29 |
Dismissed |
Response WaivedIFP |
appellate-review appointment-of-counsel compassionate-release constitutional-rights covid-19 criminal-procedure due-process equal-protection habeas-corpus post-conviction-relief statutory-interpretation |
Question not identified. |
| 21-8268 |
Roger Acosta v. United States |
Ninth Circuit |
2022-06-29 |
Denied |
Response WaivedIFP |
circuit-split criminal-law criminal-procedure federal-jurisdiction federal-prosecution indictment indictment-defect mens-rea rehaif-standard structural-error |
Petitioners were each convicted of possessing a firearm as a prohibited person. After their convictions became final, this Court held in Rehaif v. Uni… |
| 21-8269 |
James Paris Williams v. United States |
Fifth Circuit |
2022-06-29 |
Denied |
Response WaivedIFP |
advisory-guidelines advisory-range criminal-procedure criminal-sentencing district-court district-court-discretion sentencing sentencing-guidelines substantive-reasonableness upward-variance |
1. Did the district court impose a substantively unreasonable sentence when it varied upward from the advisory sentencing range? |
| 21-8271 |
Raul Garcia-Salazar v. United States |
Fifth Circuit |
2022-06-29 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 21-8273 |
Jesus Fernando Fierro-Renteria v. United States |
Fifth Circuit |
2022-06-29 |
Denied |
Response WaivedIFP |
alleyne almendarez-torres appellate-procedure apprendi constitutional-law criminal-law criminal-procedure due-process precedent-analysis sentencing statutory-interpretation supreme-court-review |
Whether this Court should consider the continuing validity of Almendarez-Torres v. United States, 523 U.S. 244 (1998), in light of the reasoning of Ap… |
| 21-8274 |
Melvin Martinez v. United States |
Eleventh Circuit |
2022-06-29 |
Denied |
Response WaivedIFP |
covid-19 criminal-procedure due-process ineffective-assistance-of-counsel plain-error plain-error-review plea-bargaining plea-hearing virtual-proceedings |
In light of the reduced reliability of virtual procedures employed during the pre-vaccine period of the COVID-19 pandemic, was the "reasonable probabi… |
| 21-8276 |
Isidoro Reyes-Lopez v. United States |
Fifth Circuit |
2022-06-29 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 21-8277 |
Matthew Michael Cimino v. United States |
Fifth Circuit |
2022-06-29 |
Denied |
Response WaivedIFP |
appellate-review circuit-split criminal-procedure judicial-discretion sentencing sentencing-factors sentencing-guidelines standard-of-review substantive-reasonableness |
Whether substantive reasonableness review necessarily requires the court of appeals to reweigh the sentencing factors? |
| 21-8281 |
Jose Carreon-Gonzalez v. United States |
Fifth Circuit |
2022-06-29 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 21-8285 |
Darryll Justin Lee Reed v. Oklahoma |
Oklahoma |
2022-06-29 |
Denied |
IFP |
criminal-procedure indian-law judicial-precedent jurisdiction mcgirt-rule procedural-law retroactive-application retroactivity statutory-interpretation substantive-law tribal-sovereignty |
1.) Is McGirt a Substantive or Procedural rule?
2.) Should McGirt be applied retroactively? |
| 21-8287 |
Michael D. Phillips v. Florida |
Florida |
2022-06-29 |
Denied |
IFP |
burglary civil-rights criminal-intent criminal-procedure due-process evidence evidence-sufficiency jury-instructions prosecutorial-burden reasonable-doubt sentencing |
Did the prosecutor ever prove all prongs and elements of the crime being charged in a second degree murder?
Did the prosecutor ever prove that the al… |
| 21-8240 |
Clayton Jones v. South Carolina |
Fourth Circuit |
2022-06-28 |
Denied |
IFP |
civil-rights criminal-procedure due-process jurisdiction speedy-trial standing |
Question not identified. |
| 21-8248 |
Lorenzo Newborn, Karl Darnell Holmes, and Herbert McClain v. California |
California |
2022-06-28 |
Denied |
Relisted (2)IFP |
appointed-counsel court-appointment criminal-appeal criminal-procedure due-process in-forma-pauperis indigent-defendant indigent-status right-to-counsel supreme-court-rule writ-of-certiorari |
Question not identified. |
| 21-8250 |
Deandre McIntosh v. United States |
Ninth Circuit |
2022-06-28 |
Denied |
Response WaivedIFP |
buyer-seller buyer-seller-rule criminal-intent criminal-procedure drug-conspiracy due-process government-burden-of-proof knowledge knowledge-requirement stake sufficiency-of-evidence |
Whether a defendant can be convicted of drug conspiracy when he was no more than a buyer seller and the government failed to establish he had knowledg… |
| 21-1601 |
Areli Carbajal Escobar v. Texas |
Texas |
2022-06-28 |
GVR |
Amici (3)Relisted (7) |
capital-murder criminal-procedure death-penalty dna-evidence due-process false-evidence federal-court habeas-corpus state-court |
Did the Texas Court of Criminal Appeals err in holding that the prosecution's reliance on admittedly false DNA evidence to secure petitioner's convict… |
| 21-8234 |
Bithomas Ceasar, Jr. v. United States |
Fifth Circuit |
2022-06-27 |
Denied |
Response WaivedRelisted (2)IFP |
bureau-of-prisons commitment competency competency-hearing criminal-procedure district-court judicial-authority mental-health-commitment restoration statutory-interpretation |
Whether a district court lacks authority to order additional competency-restoration commitment under 18 U.S.C. § 4241(d)(2) once the director of a Bur… |
| 21-8236 |
Edward Toliver v. United States |
Fifth Circuit |
2022-06-27 |
Denied |
Response WaivedIFP |
appeal-waiver appeal-waivers circuit-split criminal-defendant criminal-procedure due-process fair-trial fairness-doctrine plea-agreement sentencing-guidelines |
Are plea agreement appeal waivers that forfeit a criminal defendant's right to challenge errors in the district court's interpretation and application… |
| 21-8238 |
James Seeley v. United States |
Second Circuit |
2022-06-27 |
Denied |
Response WaivedIFP |
18-usc-2252a constitutional-interpretation criminal-procedure due-process fourth-amendment proportionality sentencing-commission sentencing-guidelines sixth-amendment statutory-authority statutory-interpretation |
Question not identified. |
| 21-8227 |
Jose Fernando Ochoa-Fabian v. United States |
Fifth Circuit |
2022-06-24 |
Denied |
Response WaivedIFP |
case-law constitutional-law court-of-appeals criminal-procedure due-process judicial-review legal-precedent sentencing sixth-amendment supreme-court supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-8228 |
Angel Daniel Caraballo v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2022-06-24 |
Denied |
Response WaivedIFP |
competency-hearing criminal-procedure due-process evidentiary-standards habeas-corpus ineffective-assistance-of-counsel mental-health sworn-testimony |
Question (1)
WHETHER DEFENDANT IS ENTITLED TO A COMPETENCY HEARING WHERE THE FACE OF THE COURT RECORD REFLECTS THAT THE STATE, DEFENSE COUNSEL AND THE… |
| 21-8231 |
Fidel Torres-Villanueva v. United States |
Fifth Circuit |
2022-06-24 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 21-8206 |
Noble Laverne Bennett v. United States |
Eighth Circuit |
2022-06-23 |
Denied |
Response WaivedIFP |
appeal appellate-review constitutional-interpretation criminal-procedure due-process extraordinary-circumstances habeas-corpus judicial-discretion procedural-error sentencing sentencing-review |
I. WHETHER IT WAS ERROR FOR THE EIGHTH CIRCUIT TO DENY BENNETT'S APPEAL WITHOUT AN OPPORTUNITY TO BE HEARD?
II. WHETHER IT WAS ERROR FOR THE LOWER CO… |
| 21-8208 |
Homer Jones v. Luke Pettigrew, Warden |
Tenth Circuit |
2022-06-23 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure due-process federal-jurisdiction habeas-corpus interstate-jurisdiction sovereign-immunity sovereign-nation treaty |
Is a treaty between Sovereign Nations over an individual States Laws ?
Does the United States have jurisdiction over a Sovereign Nation it is NOT at … |
| 21-8210 |
Ralph William Lee, III v. Maryland |
Maryland |
2022-06-23 |
Denied |
Response WaivedRelisted (2)IFP |
civil-rights confidential-documents constitutional-law constitutional-rights criminal-procedure due-process fourth-amendment right-to-counsel unreasonable-seizure waiver warrantless-search |
\o^€r Cc^r-V violate f^ixU clM Ap$d\c^A4 o^iisVh^ion^\
rUjh% U| ^ccA'incj +<7 tAiwrc 4KaA He ftnou/.A^Wj cuuk voWA^'A^ uxuued. hi-b C .5K4 4t?
C-oan^… |
| 21-8211 |
Richard Vincent Letizia v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-06-23 |
Denied |
IFP |
burden-of-proof civil-rights constitutional-rights criminal-procedure due-process extradition federal-appeals habeas-corpus identity-dispute |
1) In the State of Texas, County exhumed without first necessary third judicial to confirm hundreds Identity?
Proved by his SWAT testimony and Sworn … |
| 21-8212 |
Anthony N. Ott v. New York |
New York |
2022-06-23 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
criminal-appeal criminal-procedure door-opening double-jeopardy due-process evidence ineffective-assistance ineffective-assistance-of-counsel new-york-law vindictive-sentencing vindictiveness |
I. Whether the New York Courts erred when they failed to adhere to Hemphill v. New York and its progeny regarding the proper standard for door-opening… |
| 21-8213 |
James York v. United States |
Ninth Circuit |
2022-06-23 |
Denied |
Response WaivedIFP |
abuse-of-discretion administrative-remedies asthma compassionate-release covid-19 criminal-procedure discretionary-review federal-corrections sentencing-factors |
Whether the District Court Abused its Discretion by Denying Mr. York's Motion for Compassionate Release? |
| 21-8214 |
Miguel Andres-Tomas v. United States |
Fifth Circuit |
2022-06-23 |
Denied |
Response WaivedIFP |
Apprendi-v-New-Jersey constitutional-provisions criminal-law criminal-procedure due-process fifth-circuit jury-trial precedent-review recidivism sentencing supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-8215 |
Nathaniel Ausbie v. United States |
Fifth Circuit |
2022-06-23 |
Denied |
Response WaivedIFP |
appellate-review court-of-appeals criminal-conviction criminal-procedure due-process government-theory jury-instructions legal-review sufficiency-of-evidence |
When a defendant challenges the sufficiency of the evidence for his conviction, may a court of appeals affirm based on a theory different from the one… |
| 21-8216 |
Roy Lee Dykes v. United States |
Fourth Circuit |
2022-06-23 |
Denied |
Response WaivedIFP |
appeal criminal-procedure due-process evidence jury-instructions sentencing |
1. Did the Fourth Circuit err in affirming the District Court's abuse of its discretion in admitting evidence of weapons found in Mr. Dykes' residence… |
| 21-8219 |
Dante Danil Carter v. California |
California |
2022-06-23 |
Denied |
IFP |
14th-amendment 5th-amendment criminal-procedure doyle-v-ohio due-process fifth-amendment fourteenth-amendment miranda miranda-rights post-miranda-silence self-incrimination |
WHETHER THE CALIFORNIA TRIAL COURT DEPRIVED CARTER OF HIS 5TH, 6TH OR 14TH AMENDMENTS PERMITTING THE PROSECUTION TO IMPERMISSIBLY USE HIS POST-MIRANDA… |
| 21-8224 |
Arthur L. Gurbey v. United States |
Second Circuit |
2022-06-23 |
Denied |
Response WaivedIFP |
circuit-split compelled-self-incrimination criminal-procedure due-process fifth-amendment minnesota-v-murphy polygraph polygraph-testing self-incrimination supervised-release |
Whether a condition of supervised release impermissibly compels a defendant to answer any questions posed during any examination during the period of … |
| 21-8225 |
Luis Adrian Carchi-Fernandez v. United States |
Fifth Circuit |
2022-06-23 |
Denied |
Response WaivedIFP |
case-review court-of-appeals criminal-procedure due-process judicial-procedure jury-trial legal-precedent sentencing stare-decisis statutory-interpretation supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-8196 |
Cody Andrew Anderson v. United States |
Fifth Circuit |
2022-06-22 |
Denied |
Response WaivedIFP |
appellate-review booker-standard criminal-procedure fifth-circuit plain-error plain-unreasonable reasonableness sentencing supervised-release |
Whether appellate review of a sentence imposed after the revocation of a defendant's supervised-release term is for reasonableness, as United States v… |
| 21-8197 |
Michael James Bosman v. United States |
Tenth Circuit |
2022-06-22 |
Denied |
Response WaivedIFP |
alternatives criminal-procedure fourth-amendment law-enforcement-conduct police-conduct precedent probable-cause reasonableness reasonableness-standard search-and-seizure seizure |
Did the Tenth Circuit misapply this Court's precedent, and wrongly reject Mr. Bosman's Fourth Amendment claim, when it dismissed the availability of a… |
| 21-8198 |
Ruben Cabrera Saucedo v. United States |
Fifth Circuit |
2022-06-22 |
Denied |
Response WaivedIFP |
criminal-procedure davis-precedent district-court-discretion double-jeopardy motion-to-vacate sentence-modification sentencing unconstitutional unconstitutional-conviction united-states-v-davis |
Whether, after a motion to vacate sentence is granted on a
conviction that is unconstitutional under United States v. Davis, 139 S.
Ct. 2319 (2019), a… |
| 21-8201 |
Judel Espinoza-Gonzalez v. United States |
Ninth Circuit |
2022-06-22 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
appellate-waiver constitutional-violation conviction-review criminal-procedure district-court-authority due-process jurisdictional-challenge mandatory-minimum mandatory-sentence sentencing unconstitutional-conviction |
L. A guilty plea that includes an appellate waiver does not bar jurisdictional challenges on appeal. Class v. United States, 138 S. Ct. 798 (2018). Th… |
| 21-8203 |
Galina Rytsar v. Lonnie Oliver, Superintendent, State Correctional Institution at Cambridge Springs |
Third Circuit |
2022-06-22 |
Denied |
Response WaivedIFP |
criminal-procedure deportation-consequences discovery due-process guilty-plea habeas-corpus impeachment-of-witnesses ineffective-assistance sixth-amendment sixth-amendment-right translation |
Did Appellant receive ineffective assistance of counsel, in violation of her Sixth Amendment Right, beginning at the Bucks County PA Court of Common P… |
| 21-8204 |
Reginald Brown v. United States |
Eleventh Circuit |
2022-06-22 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process forfeiture ineffective-counsel pro-se pro-se-representation right-to-counsel severance sixth-amendment |
Pursuant to Supreme Court Rule 10, a review is warranted as this case present an important question of federal law that has not been, but should be, s… |
| 21-8188 |
Joe Davis, Jr. v. Florida |
Florida |
2022-06-21 |
Denied |
IFP |
client-advice constitutional-rights criminal-procedure effective-assistance-of-counsel plea-bargaining plea-offer right-to-counsel sixth-amendment |
Whether the Sixth Amendment right to the effective assistance of counsel requires counsel to advise his client whether acceptance or rejection of a pl… |
| 21-8190 |
Thomas Luczak v. United States |
Seventh Circuit |
2022-06-21 |
Denied |
Response RequestedResponse WaivedRelisted (13)IFP |
acquitted-conduct criminal-procedure double-jeopardy due-process sentencing united-states-v-watts |
Whether this Court should overturn its decision in United States v. Watts, 519 U.S. 148 (S.Ct. 1997), which holds that sentencing judges can consider … |
| 21-1576 |
Timothy J. Smith v. United States |
Eleventh Circuit |
2022-06-21 |
Judgment Issued |
Amici (5)Relisted (2) |
acquittal circuit-split constitutional-right criminal-procedure double-jeopardy due-process reprosecution retrial trial-remedy venue |
Whether the proper remedy for the government's failure to prove venue is an acquittal barring reprosecution of the offense, as the Fifth and Eighth Ci… |
| 21-8171 |
Lamar Keith Garvin v. United States |
Fourth Circuit |
2022-06-17 |
Denied |
Response WaivedIFP |
abuse-of-discretion criminal-procedure criminal-sentencing defendant-characteristics due-process judicial-discretion sentencing sentencing-disparities sentencing-guidelines sentencing-range sentencing-variance |
I. Whether the Fourth Circuit erred by affirming the District Court's imposing an unreasonable sentence under the totality of the circumstances, and w… |
| 21-8172 |
Juan Manuel Contreras-Zamora v. United States |
Fifth Circuit |
2022-06-17 |
Denied |
Response WaivedIFP |
criminal-procedure fifth-amendment interrogation interrogation-rights legal-communication miranda-rights re-initiation right-to-counsel self-incrimination suspect-invocation waiver |
1. If, during a criminal interrogation, the suspect states, "Look man, I'm going to tell you just like this; I need my lawyer," must there be some lap… |
| 21-8173 |
Vincent Raymond Rios v. United States |
Ninth Circuit |
2022-06-17 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure drug-crimes due-process guilty-plea ineffective-assistance ineffective-counsel language-barrier language-rights plea-bargaining |
Should the Ninth Circuit have vacated Mr. Rios's guilty plea for lack of a knowing and voluntary waiver of his constitutional rights, for these reason… |
| 21-8174 |
Scott Svoboda v. Ohio |
Ohio |
2022-06-17 |
Denied |
IFP |
attorney-client-privilege attorney-client-relationship confiscation criminal-procedure effective-assistance-of-counsel prosecutorial-misconduct right-to-counsel sixth-amendment trial-strategy |
Whether a criminal defendant is denied his right to the effective assistance of counsel when the prosecutor purposely interferes with the attorney-cli… |
| 21-8176 |
Marice Nalls v. Louisiana |
Louisiana |
2022-06-17 |
Denied |
IFP |
aggravated-rape armed-robbery constitutional-rights criminal-procedure double-jeopardy due-process fair-trial prescribed-charge prescription simultaneous-trial |
(1) Whether Petitioner's Constitutional right to a fair trial on his charge of aggravated rape was violated when he was tried simultaneously for armed… |
| 21-8179 |
Terrance Washington v. Eric Tice, Superintendent, State Correctional Institution at Somerset, et al. |
Third Circuit |
2022-06-17 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure fourth-amendment probable-cause search-and-seizure warrant-requirement |
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2)^.* '*ft\ZAf*~ **< XoAAJ^-C^U/l^ VAA^^^VfT^T X.OOjifv1pj^0/\<5\\ o\ ^-yV… |
| 21-8182 |
Reuben Conway v. United States |
Ninth Circuit |
2022-06-17 |
Denied |
Response WaivedIFP |
circuit-split criminal-procedure federal-courts federal-jurisdiction indictment indictment-defect jurisdiction mens-rea rehaif-v-united-states statutory-interpretation |
After Petitioner Reuben Conway was charged, convicted, and sentenced for prohibited person in possession of a firearm, this Court overturned near-unan… |
| 21-8152 |
Filiberto Chavez, aka Big Boy, aka Freeway Beto v. United States |
Ninth Circuit |
2022-06-16 |
Denied |
Response WaivedIFP |
apprendi-rule apprendi-v-new-jersey constitutional-interpretation criminal-procedure criminal-sentencing due-process judicial-discretion lesser-offense sentencing sentencing-enhancement statutory-maximum |
Can a sentencing court use the elements of a lesser offense to increase a defendant's sentence in a different, legally unrelated, offense beyond the o… |
| 21-8158 |
Larry Jose Torrez-Gutierrez v. United States |
Fifth Circuit |
2022-06-16 |
Denied |
Response WaivedIFP |
case-law constitutional-law criminal-procedure due-process fifth-circuit judicial-precedent sentencing sixth-amendment stare-decisis statutory-interpretation supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-8159 |
Danny Leon Lynch, Jr. v. United States |
Fifth Circuit |
2022-06-16 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment sentencing sixth-amendment statutory-interpretation supervised-release |
Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments? |
| 21-8160 |
Jamie M. Coffey v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2022-06-16 |
Denied |
IFP |
14th-amendment appeal appellate-review criminal-procedure due-process griffith-v-kentucky judicial-precedent retroactive-application retroactivity |
1. Do the State and Federal courts violate a petitioner's 14th Amendment Right to due process when they decline to apply a new rule governing a crimin… |
| 21-8163 |
Benjamin Perez-Jimenez v. United States |
Fifth Circuit |
2022-06-16 |
Denied |
Response WaivedIFP |
case-review constitutional-law court-of-appeals criminal-procedure due-process judicial-precedent legal-procedure sentencing stare-decisis statutory-interpretation supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez- Torres v. United States, 523 U.S. 244 (1998)? |
| 21-8165 |
Darryl Keith Rolle v. Florida |
Florida |
2022-06-16 |
Denied |
IFP |
14th-amendment criminal-procedure due-process equal-protection rule-of-lenity sentencing |
Whether this Honorable Court should grant Certiorari where Florida Statute section 775.021(1) concerning the rule of lenity is being unconstitutionall… |
| 21-8143 |
Marcus Branch v. Ohio |
Ohio |
2022-06-15 |
Denied |
IFP |
constitutional-rights criminal-offense criminal-procedure double-jeopardy due-process parole parole-board sentencing separation-of-powers |
WAS THE "DOUBLE JEOPARDY ' CLAUSE VIOLATED WHEN I WAS SENTENCED THREE TIMES FOR THE EXACT SAME OFFENSE I'M HERE FOR NOW PURSUANT TO USCS CONSTITUTION,… |
| 21-8146 |
Gregory Thomas v. United States |
Second Circuit |
2022-06-15 |
Denied |
Response WaivedIFP |
abuse-of-discretion criminal-procedure due-process first-step-act judicial-procedure legal-standard sentencing sentencing-relief statutory-interpretation |
This Court should issue a GVR Order so that the lower court can determine whether it is an abuse of discretion when a court fails to follow the law by… |
| 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. This overall issue consists of the … |
| 21-8131 |
Daniel A. Rodriguez v. United States |
Eleventh Circuit |
2022-06-14 |
Denied |
Response WaivedIFP |
criminal-procedure due-process newly-discovered-evidence plea-bargaining post-conviction-relief statutory-interpretation |
Does a silent Plea foreclose a defendant
From filing a Motion for Newls Discovered
Evidence. Pursuant to Rule
33.
Where:
a)
the statute is ambigous. A… |
| 21-8134 |
Jacquere Doran v. United States |
Eighth Circuit |
2022-06-14 |
Denied |
Response WaivedIFP |
constitutional-law constitutional-rights criminal-procedure district-court fourth-amendment ineffective-assistance ineffective-assistance-of-counsel legal-procedure waiver |
Whether the District Court Erred in Ruling that Petitioner Waived an Ineffective Assistance of Counsel Claim Based on a Fourth Amendment Violation? |
| 21-8135 |
Zachary Chandler v. United States |
Eleventh Circuit |
2022-06-14 |
Denied |
Response WaivedIFP |
adversarial-testing criminal-defense criminal-procedure due-process evidentiary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-sympathy sixth-amendment sympathy-defense trial-strategy |
I.
WHETHER COUNSEL WAS INEFFECTIVE BECAUSE COUNSEL'S DEFENSE STRATEGY WAS TO HAVE CHANDLER WEAR PRISON ATTIRE IN ORDER TO GARNER THE JURY'S SYMPATHY?
… |
| 21-8137 |
David Lee Green v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2022-06-14 |
Denied |
Response WaivedIFP |
28-usc-2253 certificate-of-appealability criminal-procedure entrapment ineffective-assistance ineffective-assistance-of-counsel miller-el-v-cockrell reasonable-jurists sixth-amendment strategic-decision undercover-operation |
1. Whether the court of appeals improperly denied the Petitioner a certificate of appealability under 28 U.S.C. § 2253(c) on his claim that his ineffe… |
| 21-8138 |
Lawrence J. Gerrans v. United States |
Ninth Circuit |
2022-06-14 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure first-amendment free-exercise religious-rights sixth-amendment structural-error trial-rights |
1. May a district court , upon the prosecutor's demand that a defendant's Bible be removed from the courtroom during a criminal trial, constitutionall… |
| 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 when the State presented testimonial hearsay consisting of out-of-court statements to a government agent alleged… |
| 21-8140 |
Richard Chippero v. Matthew J. Platkin, Acting Attorney General of New Jersey, et al. |
Third Circuit |
2022-06-14 |
Denied |
Response WaivedIFP |
appellate-review burden-of-proof constitutional-rights criminal-conviction criminal-procedure due-process insufficient-evidence legal-sufficiency sufficiency-of-evidence |
1. Should Petitioner's convictions be vacated because the evidence was wholly insufficient to sustain his convictions? |
| 21-1557 |
Dayonta McClinton v. United States |
Seventh Circuit |
2022-06-14 |
Denied |
Amici (6)Response RequestedResponse WaivedRelisted (14) |
criminal-procedure criminal-sentencing double-jeopardy fifth-amendment judicial-discretion jury-acquittal sentencing sixth-amendment |
Whether the Fifth and Sixth Amendments prohibit a federal court from basing a criminal defendant's sentence on conduct for which a jury has acquitted … |
| 21-1562 |
Jermel Leon Reed v. Harold W. Clarke, Director, Virginia Department of Corrections |
Virginia |
2022-06-14 |
Denied |
Response Waived |
14th-amendment 5th-amendment constitutional-rights criminal-procedure due-process effective-assistance-of-counsel fifth-amendment fourteenth-amendment grand-jury grand-jury-indictment ineffective-assistance-of-counsel sixth-amendment |
A. Was Reed's right to a grand jury indictment secured by the Fourteenth and Fifth Amendment to the United States Constitution was violated when Reed … |
| 21-8125 |
Carlos Montano v. United States |
Ninth Circuit |
2022-06-13 |
Denied |
Response WaivedRelisted (2)IFP |
boykin-standard change-of-plea-hearing constitutional-rights criminal-procedure due-process felony-conviction ninth-circuit plea-bargaining plea-hearing substance-abuse |
Did the Ninth Circuit's overlooking Petitioner's due process claim
regarding his change-of-plea hearing conflict with Boykin and its progeny,
particul… |
| 21-8107 |
Keith Undray Ford v. Suzanne M. Peery, Warden |
Ninth Circuit |
2022-06-10 |
Denied |
Response WaivedIFP |
adjudication criminal-procedure due-process federal-courts federal-statute habeas-corpus legal-interpretation presumption-of-innocence presumption-of-law state-court state-courts |
1. When an issue before a state court is resolved by an assumption of fact, as opposed to a factual finding, has the issue before the state court been… |
| 21-8117 |
Xavier Jamaal Orange v. United States |
District of Columbia |
2022-06-10 |
Denied |
Response WaivedIFP |
counsel-error criminal-procedure ineffective-assistance ineffective-assistance-of-counsel molina-martinez molina-martinez-v-united-states prejudice sentencing sentencing-guidelines |
Due to defense counsel's deficiency, petitioner was sentenced based on an incorrect Sentencing Guidelines range (57 months, using a range of 46-57 mon… |
| 21-8123 |
Terry Malone v. Pennsylvania |
Pennsylvania |
2022-06-10 |
Denied |
Response WaivedIFP |
burden-of-proof controlled-substance criminal-procedure due-process fourteenth-amendment mandatory-presumption patterson-v-new-york rebuttable-presumption |
DID THE SUPERIOR COURT VIOLATE THE DUE PROCESS CLAUSE OF THE FOUR TEENTH AMENDMENT (in its fullest context) AND THE DICTATES OF THIS COURT IN "PATTERS… |
| 21-8124 |
Kywon A. Datham v. United States |
District of Columbia |
2022-06-10 |
Denied |
Response WaivedIFP |
civil-rights compassionate-release criminal-procedure danger-to-community due-process incarcerated-persons judicial-discretion rule-35b sentence-reduction sentencing time-bar |
Whether District of Colombia Court of Appeals errd when it denid petitioner's Request For summary reversal?
Did the Lower Courts abuse their discreti… |
| 21-1551 |
Jamar E. Plunkett v. Dan Sproul |
Seventh Circuit |
2022-06-10 |
Denied |
|
ambiguity contract-interpretation criminal-procedure defendant-rights due-process judicial-interpretation plea-agreement rule-of-lenity statutory-interpretation |
Whether a plea agreement that is subject to more than one reasonable interpretation must be interpreted in the defendant's favor. |
| 21-8100 |
Luis Antonio Molina-Rivas v. United States |
Fifth Circuit |
2022-06-09 |
Denied |
Response WaivedIFP |
Almendarez-Torres-v-United-States Apprendi-v-New-Jersey case-law constitutional-provisions criminal-procedure due-process fifth-circuit judicial-precedent jury-trial sentencing supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-8101 |
Marco Antonio Marin-Maldonado v. United States |
Fifth Circuit |
2022-06-09 |
Denied |
Response WaivedIFP |
Almendarez-Torres certiorari constitutional-provisions criminal-law criminal-procedure due-process fifth-circuit judicial-precedent jury-trial recidivism sentencing supreme-court-review |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-8102 |
Rodrigo Jimenez-Ramirez v. United States |
Fifth Circuit |
2022-06-09 |
Denied |
Response WaivedIFP |
almendarez-torres certiorari constitutional-law criminal-law criminal-procedure due-process fifth-circuit judicial-precedent sentencing stare-decisis statutory-interpretation supreme-court-review |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-8106 |
Jay Jurdi v. United States |
Fifth Circuit |
2022-06-09 |
Denied |
Response WaivedIFP |
constitutional-provisions criminal-procedure government-misconduct ineffective-assistance jurisdictional-issue legal-standard preservation-of-error procedural-question self-incrimination sentencing statutory-provisions writ-of-certiorari |
Was Jurdi's counsel ineffective for failing to object to, and thereby preserve for appeal, the fact that the government intended to use a non-qualifyi… |
| 21-8108 |
Daniel Gallegos-Quirino v. United States |
Fifth Circuit |
2022-06-09 |
Denied |
Response WaivedIFP |
Almendarez-Torres case-law court-of-appeals criminal-procedure due-process judicial-review jury-trial legal-precedent recidivism sentencing supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-8109 |
Eric Ray Smith v. United States |
Fifth Circuit |
2022-06-09 |
Denied |
Response WaivedIFP |
or whether the court of appeals should first cons ambiguity contract-interpretation cooperation-agreement criminal-procedure government-as-drafter judicial-construction plain-error-review plea-agreement statutory-interpretation |
Whether a reasonable ambiguity in a cooperation or plea agreement necessarily defeats a defendant's claim of breach on plain error review, or whether … |
| 21-8086 |
Jeremiah F. Wooden v. Massachusetts |
Massachusetts |
2022-06-08 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-record guilty-plea ineffective-assistance informed-consent meritorious-defenses plea-bargaining plea-counsel right-to-counsel sixth-amendment |
1. Whether, under the Sixth Amendment, plea counsel has a duty to advise of the impact of a conviction on his client's criminal record before his clie… |
| 21-8089 |
Darrell E. Gillespie v. United States |
Fourth Circuit |
2022-06-08 |
Denied |
Response WaivedIFP |
§924(c)-offense 924c categorical-approach civil-rights conspiracy crime-of-violence criminal-procedure davis-precedent due-process force-elements-clause pinkerton-liability |
The question presented is whether, after Davis, the invocation of Pinkerton theory of liability by the government, without more, obviates the governme… |
| 21-8091 |
Jermaine Jackson v. Michael Clark, Superintendent, State Correctional Institution at Albion, et al. |
Third Circuit |
2022-06-08 |
Denied |
Response WaivedIFP |
5th-amendment 6th-amendment constitutional-violation criminal-procedure due-process evidence-tampering ineffective-assistance-of-counsel post-conviction prosecutorial-misconduct trial-procedure |
Did our Third Circoit Court oF Appeal Make a
Mistake when a constitutinal rght was volated
and they did not grant a C.o.A.for Prosecutr
ue oia or Pant… |
| 21-8093 |
Albert Aiad-Toss v. United States |
Sixth Circuit |
2022-06-08 |
Denied |
Response WaivedIFP |
18-usc-3553 18-USC-3553a abuse-of-discretion criminal-procedure district-court-discretion procedural-reasonableness reasonableness sentencing sentencing-guidelines substantive-reasonableness supervised-release |
Whether Mr. Aiad-Toss's lifetime supervised release term was procedurally unreasonable because the district court failed to adequately explain its dec… |
| 21-8094 |
In Re Marcus O'Neal Jenkins |
|
2022-06-08 |
Denied |
Response WaivedRelisted (2)IFP |
arrest booked-on-charges civil-rights criminal-procedure custody due-process sixth-amendment speedy-trial |
(l) Did the action taken on April 20, 2010 at BCDC, constitute an arrest for purposes of determining whether Marcus O'Neal Jenkins ' (Jenkins ') 6th a… |
| 21-8073 |
Leihinahina Sullivan, aka Jen, aka Jennifer, aka Jennifer Sullivan, aka Lei Sullivan, aka Lei v. United States |
Ninth Circuit |
2022-06-07 |
Denied |
Response WaivedIFP |
appellate-jurisdiction collateral-order-doctrine court-of-appeals criminal-procedure divestiture-rule final-judgment non-appealable-order pro-se pro-se-status sentencing-phase |
(1) Can a criminal defendant maintain an appeal of the revocation of her pro se status by a district court judge sua sponte during the sentencing phas… |
| 21-8074 |
Juan Jesus Barrieta-Barrera v. United States |
Fifth Circuit |
2022-06-07 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment parole sentencing sixth-amendment statutory-interpretation supervised-release |
Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments? |
| 21-8076 |
Siva K. Durbesula v. United States |
Fourth Circuit |
2022-06-07 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure enhanced-punishment enhanced-punishments judicial-fact-finding jury sixth-amendment special-assessment speedy-trial-act supervised-release |
1) WHETHER THE SIXTH AMENDMENT REQUIRES A JURY
RATHER THAN A JUDGE TO DETERMINE FACTS WHICH ARE
USED TO APPLY ENHANCED PUNSIHMENTS INCLUDING THE
PERIO… |
| 21-8079 |
Kenyad Laquan Kelly v. United States |
Fourth Circuit |
2022-06-07 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-sentencing district-court due-process federal-sentencing gall-v-united-states judicial-discretion legal-standard sentencing-guidelines standard-of-review |
Whether the District Court Erred in Applying a Different Starting Point for Defendant's Sentence than the United States Sentencing Guidelines? |
| 21-8081 |
Moses Clark v. California |
California |
2022-06-07 |
Denied |
Relisted (2)IFP |
civil-rights constitutional-violation criminal-procedure double-jeopardy due-process fourteenth-amendment fourth-amendment habeas-corpus plea-agreement preliminary-hearing prosecutorial-misconduct |
1. Review should be granted, beause the state court failed to bring
the defendant before the magistrate within 48-hours after arrest, violating
The Fo… |
| 21-8072 |
Erik Daniel Salgado-Castellano v. United States |
Fifth Circuit |
2022-06-07 |
Denied |
Response WaivedIFP |
Almendarez-Torres appellate-procedure case-review criminal-procedure due-process fifth-circuit judicial-precedent jury-trial recidivism sentencing supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-1531 |
Korry L. Ardell v. Joshua Kaul, Attorney General of Wisconsin |
Seventh Circuit |
2022-06-07 |
Denied |
Response Waived |
constitutional-rights criminal-procedure due-process first-amendment free-speech habeas-corpus jury-instructions procedural-default stalking |
I. The jury instructions here permitted conviction for
felony "stalking" based merely on the Ardell's communications with third parties about the alle… |
| 21-8056 |
Earl Lee King v. Texas |
Texas |
2022-06-06 |
Denied |
IFP |
constitutional-violation criminal-procedure due-process federal-law habeas-corpus newly-discovered-evidence procedural-impediment standing state-court-action state-created-impediment |
Has the action by the Court of Criminal Appeals of Texas in dismissing Petitioner's State Application for a Writ of Habeas Corpus Violated Article Sec… |
| 21-8058 |
Alejandro Pascual-Miguel v. United States |
Fifth Circuit |
2022-06-06 |
Denied |
Response WaivedIFP |
constitutional-law criminal-case criminal-procedure due-process fifth-circuit judicial-review legal-precedent sentencing stare-decisis statutory-interpretation supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-8059 |
Jesus Morales-Agustin v. United States |
Fifth Circuit |
2022-06-06 |
Denied |
Response WaivedIFP |
almendarez-torres Almendarez-Torres-v-United-States Apprendi-v-New-Jersey constitutional-interpretation criminal-law criminal-procedure due-process fifth-circuit jury-trial sentencing supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-8063 |
William Lee Wright Jr. v. California |
California |
2022-06-06 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure due-process faretta faretta-motion judicial-discretion self-representation timeliness totality-of-the-circumstances |
1. Whether, as the majority of jurisdictions hold, a request for self-representation under Faretta v. California, 422 U.S. 806 (1975), is timely if ma… |
| 21-8064 |
Antonio D. Shannon v. Randall Hepp, Warden |
Seventh Circuit |
2022-06-06 |
Denied |
Response WaivedIFP |
counsel-obligations criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel right-to-counsel right-to-testify sixth-amendment |
Given that "the accused has the ultimate authority [to decide] whether to... testify in his or her own behalf," Jones v. Barnes, 463 U.S. 745, 751 (19… |
| 21-8067 |
Juan Gomez v. Scott Frauenheim, Warden |
Ninth Circuit |
2022-06-06 |
Denied |
IFP |
child-sexual-abuse criminal-procedure culpability due-process fourteenth-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel intellectual-disability sixth-amendment |
Whether the Ninth Circuit erred in affirming the district court's denial of habeas corpus relief based on ineffective assistance of counsel claims. |
| 21-8069 |
Billy Wayne Lewis v. Texas |
Texas |
2022-06-06 |
Denied |
IFP |
4th-amendment appellate-review circuit-split constitutional-interpretation criminal-procedure fourth-amendment rodriguez-precedent rodriguez-v-united-states search-and-seizure supreme-court-guidance unreasonable-search |
I.
QUESTION ONE: U.S. CONSTITUTION 1\J AMENDMENT
RULE 10. Rules of the United States Supreme Court at (C);
Has the Tenth Court of Appeals of the State… |
| 21-8045 |
Marcellus Overton v. United States |
Second Circuit |
2022-06-03 |
Denied |
Response WaivedIFP |
brady-violation criminal-procedure exculpatory-evidence guilty-plea materiality materiality-standard plea-withdrawal reasonable-defendant rule-11 united-states-v-dominguez-benitez |
1. When a defendant seeks to withdraw his or her guilty plea based upon the Government's failure to timely disclose exculpatory evidence, is the "mate… |
| 21-8047 |
Santiago Esquivel v. Gary Miniard, Warden |
Sixth Circuit |
2022-06-03 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fundamental-fairness habeas-corpus miranda-rights post-arrest-silence prosecutorial-conduct prosecutorial-misconduct sixth-circuit |
I.
DID
THE
SIXTH CIRCUIT
ERR, WHEN
IT
FAILED TO
FIND
AS
DEBATABLE
OR
WRONG
THE
DISTRICT
COURT'S
DECISION
THAT
THE
PROSECUTOR'S
REFERENCE
TOI
PETITIONE… |
| 21-8052 |
Rene Sanchez-Quintero v. United States |
Fifth Circuit |
2022-06-03 |
Denied |
Response WaivedIFP |
case-review constitutional-law court-of-appeals criminal-procedure due-process judicial-procedure jury-trial legal-precedent recidivism sentencing supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 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 |
To guarantee fairness, should criminal defendants in probation revocation proceedings be provided under the due process clause with a more robust righ… |
| 21-8020 |
Ronald Mitchell v. United States |
Eighth Circuit |
2022-06-02 |
Denied |
Response WaivedIFP |
§2255-motion 21-usc-841 certificate-of-appealability criminal-procedure drug-abuse drug-distribution heroin-possession ineffective-assistance ineffective-assistance-of-counsel serious-bodily-injury |
1. Was trial counsel constitutionally ineffective because she failed to consult or hire an expert witness in drug abuse (rather than toxicology) to in… |
| 21-8033 |
Jesus Francisco Fernandez v. United States |
Tenth Circuit |
2022-06-02 |
Denied |
IFP |
appellate-review circuit-split criminal-procedure federal-rules federal-rules-of-criminal-procedure fourth-amendment good-cause plain-error plain-error-review pretrial-motions |
Federal Rule of Criminal Procedure 12(c)(3) provides that certain pretrial motions are "untimely" if not raised by the deadline set by the district co… |
| 21-8034 |
Robert Lawrence v. United States |
Eleventh Circuit |
2022-06-02 |
Denied |
Response WaivedIFP |
circuit-split compassionate-release criminal-procedure defendant-motion first-step-act sentencing-guidelines statutory-interpretation |
Is the Eleventh Circuit's decision in United States v. Bryant, 996 f.3d 1243 (11th Cir. 2021) correct in determining that Section 1B1.13 of the United… |
| 21-8039 |
George Munoz, Jr. v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-06-02 |
Denied |
IFP |
appellate-review criminal-homicide criminal-procedure different-outcome evidence-limitation ineffective-assistance-of-counsel jury-instructions motion-for-new-trial prejudice reasonable-likelihood trial |
the coud of Apperls ened bY yeling Ha A 714| Suebse iy ro} feguied To gre A reyvass Lasheetion of He lesser atinse of cfiakal nesluet Lomicide ube An … |
| 21-8007 |
In Re Michael David Hower |
|
2022-06-01 |
Denied |
Response WaivedIFP |
28-usc-2255 aedpa criminal-procedure due-process evidentiary-hearing federal-rules habeas-corpus ineffective-assistance ineffective-assistance-of-counsel massaro-v-united-states plea-withdrawal |
Has AEDPA created an unconstitutional barrier that has rendered the petitioners remedy under 28 U.S.C. §2255 inadequate or ineffective to test the leg… |
| 21-8008 |
In Re James Martin Graham |
|
2022-06-01 |
Denied |
IFP |
criminal-jurisdiction criminal-procedure due-process federalism fifth-amendment habeas-corpus subject-matter-jurisdiction tenth-amendment |
Did the complaint/information or indictment fail to charge an ONE:
offense againse the laws ofthe United States, because no jurisdiction has
been ced… |
| 21-8009 |
Joshua Rodney Meech v. United States |
Ninth Circuit |
2022-06-01 |
Denied |
Response WaivedIFP |
18-usc-922a6 appellate-review criminal-procedure due-process firearm-regulation huddleston-v-united-states mens-rea rehaif-v-united-states standing statutory-interpretation united-states-v-bailey |
At a sporting goods store Petitioner was considering the purchase of a firearm. The store clerk asked Petitioner to identify himself and fill out the … |
| 21-8011 |
David Reese v. Florida |
Florida |
2022-06-01 |
Denied |
Response WaivedIFP |
civil-rights court-records criminal-procedure due-process government-misconduct standing |
1. How Can the Lower Courts Rulk AgRinst
My Motions that had Filed n their Courts.
ANd SAy thit My AllegAtions Is Frivolous.
When the Documents that h… |
| 21-8017 |
Stephen Scott Meals, Jr. v. United States |
Fifth Circuit |
2022-06-01 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
4th-amendment constitutional-provisions criminal-procedure district-court due-process exclusionary-rule federal-law fifth-circuit judicial-review motion-to-suppress search-and-seizure standing |
Whether the Government's warrantless review of Mr. Meals's private written communications on Facebook's Messenger application constitutes a physical i… |
| 21-8018 |
Ramon Ortiz Perez v. Giselle Matteson, Warden |
Ninth Circuit |
2022-06-01 |
Denied |
Response WaivedIFP |
court-appointed-counsel criminal-procedure exclusionary-rule fourth-amendment habeas-corpus in-forma-pauperis ninth-circuit search-and-seizure standing supreme-court-rules writ-of-certiorari |
Question not identified. |
| 21-8025 |
Christopher Thieme, aka John Thieme v. United States |
Third Circuit |
2022-06-01 |
Denied |
Response WaivedIFP |
18-usc-3664 all-writs-act criminal-law criminal-procedure illegal legal-relief restitution restitution-order sentencing sentencing-procedure statutory-interpretation writ-of-audita-querela |
1.) Does 18 U.S.C. §3664(k) and (0). which allows a sentencing court to consider motions to "adjust" a restitution order without anv time limits. perm… |
| 21-8030 |
Andre Marcus Buchanan v. United States |
Fourth Circuit |
2022-06-01 |
Denied |
Response WaivedIFP |
18-usc-3553(a) 18-usc-3553a career-offender criminal-procedure due-process plain-error plain-error-review reasonableness sentencing |
WHETHER MR. BUCHANAN'S SENTENCE IS UNREASONABLE BECAUSE
IT IS GREATER THAN NECESSARY TO ACCOMPLISH THE GOALS OF
18 U.S.C. § 3553(a).
WHETHER PLAIN … |
| 21-1504 |
Jason Wayne Carlile v. Texas |
Texas |
2022-06-01 |
Denied |
Response Waived |
adversarial-testing criminal-procedure due-process fair-trial fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel sixth-amendment |
1. May a defense attorney completely fail to subject the State's case to adversarial testing during a trial, without thereby depriving a criminal defe… |
| 21-8000 |
Elijah Johnson v. California |
California |
2022-05-31 |
Denied |
Response WaivedIFP |
appellate-review constitutional-interpretation criminal-procedure general-verdict inconsistent-verdicts jury-trial reasonable-doubt sixth-amendment |
How does this Court's "inconsistent verdicts" jurisprudence reconcile with the Sixth Amendment jury trial guarantee: May a reviewing court uphold a ge… |
| 21-7985 |
Freddie Glover v. Florida |
Florida |
2022-05-27 |
Denied |
Response WaivedIFP |
appeal capital-crime constitutional-rights criminal-procedure due-process grand-jury information-charging notice opportunity-to-be-heard state-counsel subject-matter |
(1). Whether Glover is Due Process Rights were violated by not allowing him opportunity to Reply to State Counsel Answer Brief prior to making a rulin… |
| 21-7986 |
Stephen Gosch v. Florida |
Florida |
2022-05-27 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process evidence evidence-disclosure fourteenth-amendment jury-instruction jury-instructions prosecutorial-misconduct state-court |
1. Did the state court violate the petitioner's right to due process of law as guaranteed by the Fourteenth Amendment where the prosecution failed to … |
| 21-7987 |
Keith Rose v. United States |
Ninth Circuit |
2022-05-27 |
Denied |
Response WaivedIFP |
civil-rights collateral-review criminal-conviction criminal-procedure due-process habeas-corpus judicial-review plea-agreement plea-bargaining standing |
1. In Class v. United States, 138 S. Ct. 798 (2018), this Court held that a plea of guilty, without more, does not prevent an individual from having h… |
| 21-7988 |
Donald Tarnawa v. United States |
Fifth Circuit |
2022-05-27 |
Denied |
Response WaivedIFP |
appellate-review circuit-split criminal-procedure financial-factors financial-resources restitution restitution-modification sentencing sentencing-procedure standard-of-review |
1. Whether the controlling standard of review for modification under 18 USCA § 3664(k) should be de novo or abuse of description. The Panel Opinion re… |
| 21-7990 |
Jerry Lee Craig, Sr. v. Brent Fluke, Warden, et al. |
Eighth Circuit |
2022-05-27 |
Denied |
IFP |
civil-rights criminal-procedure due-process ineffective-assistance judicial-bias standing |
Question not identified. |
| 21-7991 |
Mario Mandell Moore v. Michigan |
Michigan |
2022-05-27 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process equal-protection identification-procedure identification-procedures police-misconduct show-up-identification show-up-identifications writ-of-certiorari |
WHETHER PETITIONER IS ENTITLED TO A WRIT OF CERTIORARI WHERE MICHIGAN HAS DENIED HIM DUE PROCESS, EQUAL PROTECTION AND IGNORED THE DICTATES OF THIS CO… |
| 21-7995 |
Joseph Kurz v. Tim Hooper, Warden |
Fifth Circuit |
2022-05-27 |
Denied |
Response WaivedIFP |
constitutional-amendments criminal-procedure due-process effective-assistance-of-counsel ex-post-facto fifth-circuit fourteenth-amendment reasonable-jurists sixth-amendment |
(1) Whether the United States Fifth Circuit Court of Appeals and United States District Court for the Western District of Louisiana properly conclude … |
| 21-7996 |
George Edward Purdy v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-05-27 |
Denied |
IFP |
5th-amendment blockburger-rule criminal-procedure double-jeopardy fifth-amendment jurisdiction plea-bargaining prosecutorial-discretion venue |
Where identical chargee are filed for the same alleged victim in
multiple counties, is it a violation of the 5th Amendment double
jeopardy rule base… |
| 21-7997 |
Benjamin Green Robinson v. United States |
Eleventh Circuit |
2022-05-27 |
Denied |
Response WaivedIFP |
abuse-of-discretion cocaine-trafficking criminal-procedure evidence judgment-of-acquittal judicial-discretion motion-in-limine motion-to-suppress plain-error prior-conviction |
(1) Whether the lower courts abused their discretion in granting the Government's motion in limine to admit into evidence, Petitioner's prior State co… |
| 21-7998 |
Lamar Daniel Ron Wilson v. Dexter Payne, Director, Arkansas Division of Correction |
Eighth Circuit |
2022-05-27 |
Denied |
Response WaivedRelisted (2)IFP |
charging-instrument constitutional-violation criminal-procedure double-jeopardy due-process felony-information indictment ineffective-counsel plea-agreement |
1. Is a plea agreement, the statement of the accused, "I did it.", the sole piece of information necessary to convict? Specifically, is felony informa… |
| 21-7976 |
Mark A. Hill v. Ohio |
Ohio |
2022-05-26 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel post-conviction-relief pro-se right-to-counsel standing |
1. Whether it is unconstitutional for a state court to make it mandatory that an
indigent, pro se prisoner provide an attorney affidavit in order for… |
| 21-7980 |
Perry Singo v. Tennessee |
Tennessee |
2022-05-26 |
Denied |
Response WaivedIFP |
appellate-review constitutional-law criminal-procedure due-process judicial-independence political-influence political-interference separation-of-powers state-constitution |
ARE THE ATTACKS ON THE JUDICIARY AND THE
EFFORTS OF POLITICIANS TO CHANGE THE
JUDICIARY SO IT WILL DO THINGS THE
POLITICIANS WANT IT TO DO DENYING … |
| 21-7981 |
Jeffrey Ray Sundwall v. Florida |
Florida |
2022-05-26 |
Denied |
IFP |
constitutional-rights credibility criminal-procedure due-process fair-trial impartiality judicial-misconduct legal-ethics public-trust |
Contrary to Severener's errer, Grndaticol eer Or Harmless Preedureal Delbele can any Trdlted-wnreade be vali when browaht by Un credible Persons who a… |
| 21-7967 |
Jairo Hernandez v. United States |
Ninth Circuit |
2022-05-25 |
Denied |
Response WaivedIFP |
appellate-procedure criminal-procedure criminal-sentencing due-process habeas-corpus jurisdiction procedural-default retroactivity statutory-interpretation subject-matter-jurisdiction supreme-court-precedent unconstitutional-statute |
Can a defendant, by failing to directly appeal his sentence, procedurally default his claim that the court had no jurisdiction to imprison him pursuan… |
| 21-7970 |
Oscar Geovanny Campos v. United States |
Fifth Circuit |
2022-05-25 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure district-court guideline-range holguin-hernandez judicial-discretion sentencing-arguments sentencing-guidelines substantial-arguments |
Whether, after Holguin-Hernandez v. United States, __U.S.__, 140 S.Ct. 762 (2020), a party may obtain appellate relief when the district court fails t… |
| 21-7973 |
In Re Roberto Villarreal |
|
2022-05-25 |
Denied |
IFP |
4th-amendment 5th-amendment certificate-of-appealability constitutional-rights criminal-procedure due-process fourth-amendment habeas-corpus liberty-interest marijuana-criminalization |
1. Whether applicant/petitioner, denied certificate of appealabihty for habeas relief from the District Court, has no other court to go to but here.
… |
| 21-7974 |
Omero Rojas-Leal, aka Belarmino Lopez-Lopez v. United States |
Fifth Circuit |
2022-05-25 |
Denied |
Response WaivedIFP |
case-law constitutional-law criminal-appeal criminal-procedure due-process fifth-circuit judicial-precedent sentencing stare-decisis statutory-interpretation supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-1482 |
Dequantey Maurice Williams v. United States |
Fourth Circuit |
2022-05-25 |
Denied |
Response Waived |
4th-amendment criminal-procedure evidence fourth-amendment law-enforcement motion-to-suppress plain-view-doctrine probable-cause search-and-seizure vehicle-search |
Whether the United States District Court For The Middle District Of North Carolina Erred in Denying Mr. Williams 's Motion to Supress evidence related… |
| 21-1485 |
In Re Eileen Vey |
|
2022-05-25 |
Denied |
Response Waived |
civil-rights constitutional-rights criminal-procedure criminal-venue due-process equal-protection ineffective-assistance-of-counsel judicial-bias prosecutorial-misconduct retaliation self-defense |
WHETHER THIS COURT SHOULD ORDER APPROPRIATE OFFICIALS TO CLEAR HER RECORD OF ALL CHARGES SINCE SHE WAS DEPRIVED OF "REASONABLE DOUBT" AND CLEAR EVIDEN… |
| 21-7957 |
Samuel Morales v. United States |
Fifth Circuit |
2022-05-24 |
Denied |
Response WaivedIFP |
burden-of-proof circumstantial-evidence conspiracy criminal-law criminal-procedure drug-conspiracy drug-crimes elements-of-crime reasonable-doubt |
Whether the government fails to prove the elements of a drug conspiracy beyond a reasonable doubt when it has only circumstantial evidence and that ev… |
| 21-7959 |
Salito Marques Good v. United States |
Fourth Circuit |
2022-05-24 |
Denied |
Response WaivedIFP |
appeal criminal-procedure criminal-sentencing double-jeopardy due-process fourth-circuit johnson-precedent sentencing-maximum statutory-interpretation statutory-maximum supervised-release |
(1) Whether a defendant can be required to serve more than the statutory maximum sentence for his offense of conviction when a sentence for violating … |
| 21-7960 |
Jesus Antonio Montoya-Balderrama v. United States |
Fifth Circuit |
2022-05-24 |
Denied |
Response WaivedIFP |
almendarez-torres-precedent certiorari constitutional-law criminal-law criminal-procedure due-process fifth-circuit judicial-review jury-trial sentencing stare-decisis supreme-court-review |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-7964 |
Estevan Saucedo v. California |
California |
2022-05-24 |
Denied |
IFP |
coerced-confession confession-admissibility constitutional-rights criminal-procedure due-process evidence-suppression exclusionary-rule law-enforcement-conduct miranda-rights police-misconduct police-tactics |
APPellovrV's Cov^feSSiov^ Adw*:i<iUle 5\v\ce H WcxS boAed
illegal po^ce "tcxc+iCS?Ur\
^ Wouj<J £>. d>ff e^ev-rf V^vdiCrf hir-e^cloed^ ln<X(l "fRe j|… |
| 21-7936 |
Jeffrey E. Akard v. Denis R. McDonough, Secretary of Veterans Affairs |
Federal Circuit |
2022-05-23 |
Denied |
Response WaivedRelisted (2)IFP |
benefits civil-rights criminal-procedure due-process federal-sentencing habeas-corpus incarceration retroactive-rule section-2255 special-appointment standing substantive-law |
Does a disabled veterar have a "personal stake,
interest, or standing" on seing that his wlthheld 20%
bereFit, dve to his incarcerator, recelve a 'spe… |
| 21-7940 |
Jason P. Thomas v. Morris Houser, Superintendent, State Correctional Institution at Benner Township, et al. |
Third Circuit |
2022-05-23 |
Denied |
IFP |
criminal-procedure double-jeopardy evidentiary-hearing fabricated-evidence ineffective-assistance jury-instruction jury-instructions prosecutorial-misconduct sentencing |
I. Whether the District Court, without holding an evidentiary hearing erred in disposing of Petitioner 's trial icounsel 's ineffectiveness surroundin… |
| 21-7942 |
P'erre Jones v. United States |
Fifth Circuit |
2022-05-23 |
Denied |
Response WaivedIFP |
5th-amendment circuit-split criminal-procedure fifth-amendment polygraph polygraph-testing self-incrimination supervised-release |
Whether a circuit split should be resolved regarding whether a condition of supervised release requiring submission to polygraph testing violates a De… |
| 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 THE COLORADO COURTS WRONGLY CONCLUDED THAT A DENIAL OF CROSS-EXAMINATION ON WITNESSES INTOXICATION DID NOT IMPLICATE PETITIONER 'S CONFRONTATI… |
| 21-7923 |
Charles K. Topping and J. W. Long, aka James Wayne Long v. United States |
Eleventh Circuit |
2022-05-20 |
Denied |
Response WaivedIFP |
constructive-amendment criminal-procedure due-process essential-element fraud-scheme jury-instructions prosecutorial-misconduct theory-of-defense |
1. Where the district court's instructions to the jury in a crim inal case
provide—as part of the theory of defense instruction—an explana tion of an … |
| 21-7933 |
John Armstrong, Jr. v. United States |
Eleventh Circuit |
2022-05-20 |
GVR |
Response RequestedResponse WaivedRelisted (2)IFP |
case-determination civil-rights criminal-adjudication criminal-procedure due-process legal-interpretation recidivism-calculation sentencing sentencing-containment statutory-interpretation supreme-court violent-offense |
Question not identified. |
| 21-1465 |
Austin Channing McGraw v. Kentucky |
Kentucky |
2022-05-20 |
Denied |
Response Waived |
4th-amendment 5th-amendment constitutional-rights criminal-procedure due-process fifth-amendment fourth-amendment self-incrimination warrantless-search |
Whether the government can advise a jury that a Defendant invoked his right against self-incrimination, and refused a consensual, warrantless search o… |
| 21-1464 |
Emond S. Gulley v. Kansas |
Kansas |
2022-05-19 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
constitutional-law criminal-procedure eighth-amendment juvenile-offenders juvenile-sentencing life-without-parole miller-v-alabama sentencing-discretion term-of-years-sentence |
In Miller v. Alabama, 567 U.S. 460 (2012), the Court held that the Eighth Amendment bars the mandatory imposition of life in prison without parole for… |
| 21-7908 |
Jose Mejia v. New York |
New York |
2022-05-19 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel retroactive-application retroactivity sixth-amendment |
On October 25, 2021, N.Y. Crim. Proc. § 440.10(2)(b) and (c) were amended to remove the procedural bar precluding a defendant from raising a collatera… |
| 21-7913 |
William Earl Sweet v. Florida |
Florida |
2022-05-19 |
Denied |
IFP |
criminal-procedure due-process equal-protection faretta-standard fourteenth-amendment habeas-corpus harmless-error self-representation timeliness |
1. Whether the Petitioner's right to self-representation was violated when the trial court denied the Petitioner's request to proceed pro se and the F… |
| 21-7915 |
Amado Rodriguez-Navarrete v. United States |
Fifth Circuit |
2022-05-19 |
Denied |
Response WaivedIFP |
constitutional-law constitutional-provisions criminal-law criminal-procedure due-process fifth-circuit precedent-review recidivism sentencing supreme-court supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-7918 |
Jaime Gonzalo Castiblanco Cabalcante v. United States |
Fifth Circuit |
2022-05-19 |
Denied |
Response WaivedIFP |
appellate-review constitutional-rights criminal-procedure due-process fifth-circuit harmless-error jury-deliberations jury-instructions knowledge-element |
1. In Connecticut v. Johnson , 460 U.S. 73, 88 (1983) (plurality opinion), the
court held that instructions 1"permitt[ing] the jury to convict [a def… |
| 21-7922 |
Jason Michael Ehret v. United States |
Fifth Circuit |
2022-05-19 |
Denied |
Response WaivedRelisted (2)IFP |
civil-rights criminal-procedure due-process guilty-plea habeas-corpus judicial-bias rule-11 standing structural-error uncounseled-counsel void-conviction |
Does an uncounseled guilty plea — where defense counsel was suspended and thus "ineligible to practice in federal court" at that time -- constitute a … |
| 21-7932 |
Sameer Muhammad v. Florida |
Florida |
2022-05-19 |
Denied |
IFP |
appellate-procedure constitutional-rights criminal-procedure double-jeopardy due-process florida-constitution judicial-jurisdiction jurisdiction mandate trial-court-authority |
WHETHER THE TRIAL COURT WAS WITHOUT
JURISDICTION TO ENTER AN ORDER REINSTATING THE
PREVIOUS ORDER VACATING OFFENSE UNDER DOUBLE
JEOPARDY PRINCIPLE … |
| 21-7897 |
Barry Slakman v. Georgia Board of Pardons and Paroles, et al. |
Eleventh Circuit |
2022-05-18 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure due-process ex-post-facto parole sentencing standing statutory-interpretation takings |
interpretation and application of an ex post facto violation within the context of parole eligibility statutes, such as in initial parole eligibility,… |
| 21-7899 |
Francis Paul Sicola v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2022-05-18 |
Denied |
IFP |
criminal-procedure exclusionary-rule fourth-amendment probable-cause qualified-immunity search-and-seizure |
Question not identified. |
| 21-7904 |
Vladimir Duarte v. New York |
New York |
2022-05-18 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process faretta-standard faretta-v-california self-representation sincerity sixth-amendment unequivocal-request waiver-of-counsel |
When a defendant makes an "unequivocal" request for self-representation, the court must, under Faretta v. California, 422 U.S. 806, 835-836 (1975), pe… |
| 21-7905 |
Marc Anthony Sanders v. Oklahoma |
Oklahoma |
2022-05-18 |
Denied |
IFP |
appellate-review constitutional-law criminal-procedure ex-post-facto jurisdictional-conflict non-retroactivity oklahoma-court state-court-decisions subject-matter-jurisdiction supreme-court tenth-circuit |
I. UkdrKw ^iako^aCcartoftrUUal Appeals useof a mud W-rdr 0CLCik^
kfiUnus -Sub^ecf^affar jafisdhftoa dal mis UvalfJ
&£ d-A Lx tost Facto Mklatka
© P … |
| 21-7910 |
Kendrick Dwight Marshall v. United States |
Fifth Circuit |
2022-05-18 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment sentencing sixth-amendment statutory-interpretation supervised-release |
Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments? |
| 21-7891 |
William Ramirez-Frechel v. United States |
First Circuit |
2022-05-17 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review criminal-procedure due-process federal-sentencing-guidelines judicial-discretion reasonableness reasonableness-review sentencing |
Whether The Sentence Imposed is Unreasonable. |
| 21-7895 |
Antoine Mayes v. United States |
Second Circuit |
2022-05-17 |
Denied |
Response WaivedIFP |
appellate-procedure circuit-court criminal-appeal criminal-procedure due-process habeas-corpus judicial-review sentencing supreme-court supreme-court-precedent united-states-v-davis |
I. WHETHER IT WAS ERROR FOR THE SECOND CIRCUIT TO DENY MAYES THE RIGHT TO FILE AN APPEAL OR COAIN LIGHT OF THE SUPREME COURT 'S DECISION IN UNITED STA… |
| 21-7898 |
Emilio Evalio Arenas v. Nevada |
Nevada |
2022-05-17 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure double-jeopardy due-process free-speech mistrial prejudice prosecutorial-misconduct standing |
(1) After the Supreme Court of Nevada reversed the did the Court Order remanding the petitioner new Amendments Fire, Six, and Fourteen?
(2) Did the S… |
| 21-1452 |
Matthew David Cwik v. Georgia |
Georgia |
2022-05-17 |
Denied |
Response Waived |
civil-procedure constitutional-rights criminal-procedure due-process evidence fair-trial military-testimony military-uniform victim-testimony witness-appearance |
Were Petitioner's due process and fair trial rights violated when the victim was allowed to testify in a military uniform? |
| 21-7876 |
Matthew Alexander, III v. United States |
Tenth Circuit |
2022-05-16 |
Denied |
IFP |
appellate-review circuit-split criminal-procedure federal-rules-of-criminal-procedure motion-to-suppress plain-error suppression-motion waiver |
When a defendant files a motion to suppress, then raises a new argument to support suppression in the court of appeals, is the new argument waived abs… |
| 21-7884 |
Juan Carlos Rodriguez-Garcia v. Eddie M. Buffaloe, Jr., Secretary, North Carolina Department of Public Safety, et al. |
North Carolina |
2022-05-16 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure due-process habeas-corpus judicial-review jurisdiction standing state-court state-jurisdiction |
1. Is it lawful for the State of North Carolina to hold the herein Petitioner under unconstitutional confinement under the Court's unexplained refusal… |
| 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 |
Question not identified. |
| 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 |
1. Whether a trial court violates a criminal defendant's constitutional right to due process of law by permitting a prosecutor to introduce previous u… |
| 21-7862 |
Mark DeWayne Hallcy v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-05-13 |
Denied |
Relisted (2)IFP |
appellate-review constitutional-rights criminal-procedure due-process habeas-corpus mootness ninth-circuit post-conviction-relief sentencing sixth-amendment |
1. Does &4$aul4r Cw/Wiel^ i/uo erf W{\4, h'oHtflif % >9^4 r^oiric^ 6ttk^^ >kJjk&> ft ' ^e ot 0^ u*vW ■fa* ^ 'i^^tuuk, sWe. p^o^eiu^e *mi£ ifat' P^ft'K… |
| 21-7866 |
Carlos Alberto Zamudio v. United States |
Fifth Circuit |
2022-05-13 |
Denied |
Response WaivedIFP |
appellate-jurisdiction appellate-review criminal-procedure federal-rules-of-criminal-procedure guilty-plea plea-bargaining rule-11 standard-of-review withdrawal withdrawal-of-guilty-plea |
Whether the courts of appeals, by creating checklists of considerations for the district courts to follow, have improperly narrowed the "fair and just… |
| 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 |
1: Reasonable Jurists would determined that Mr. Thibodeaux's conviction was obtained in violation of the Sixth and Fourteenth Amendments to the United… |
| 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 |
STEVEN GUARDADO FILED AN APPLICATION FOR A WRIT OF MANDAMUS IN THE
SUPREME COURT OF ARIZONA REQUESTING AN ORDER TO THE STATE TRIAL COURT
TO COMPLY WIT… |
| 21-7852 |
Fernando Salazar-Figueroa v. United States |
Fifth Circuit |
2022-05-12 |
Denied |
Response WaivedIFP |
administration-of-justice appellate-review criminal-procedure drug-offense due-process federal-jurisdiction federal-law fifth-circuit mitigating-role sentencing-guidelines |
I. Whether the Fifth Circuit violated federal law when it conducted a cursory review of the facts related to a warranted mitigating role adjustment un… |
| 21-7857 |
Richard Dwayne Blalock v. Oklahoma |
Oklahoma |
2022-05-12 |
Denied |
IFP |
criminal-law criminal-procedure indian-law jurisdiction mcgirt-case native-american-rights procedural-rule retroactivity statutory-interpretation substantive-rule tribal-jurisdiction |
Whether McGirt v. Oklahoma, 140 S. Ct. 2452 (2020), is a Substantive ruling or a Procedural ruling. |
| 21-7858 |
Larry Lewis v. Mississippi |
Fifth Circuit |
2022-05-12 |
Denied |
Response WaivedRelisted (2)IFP |
14th-amendment 5th-amendment 6th-amendment constitutional-rights criminal-procedure due-process evidence-sufficiency grand-jury indictment ineffective-assistance-of-counsel jury-instructions |
Whether the indictment was defected in count 1 and two under See - on pale coun) cauck practice The in dickmeng fail +o e Cu 6 Spee ic dake and lace o… |
| 21-7836 |
Bruce Edward Bingham, Jr. v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-05-11 |
Denied |
IFP |
burden-of-proof closing-arguments constitutional-ineffective-assistance criminal-procedure discovery-violation due-process due-process-violation prosecutorial-misconduct remorse right-to-counsel |
Was the prosecutions remarks regarding the "conscience of the community" and "remorse" prosecutorial misconduct , or allowable argument?
Was trial cd… |
| 21-7838 |
Leonardo Divinci Larck v. United States |
Eleventh Circuit |
2022-05-11 |
Denied |
Response WaivedIFP |
communication-failure constitutional-rights criminal-procedure effective-assistance-of-counsel ineffective-assistance-of-counsel lapsed-plea-offer plea-bargaining plea-offer sixth-amendment |
Does the Sixth Amendment right to effective assistance of counsel require counsel to communicate a client's inquiry/response to a formal plea offer?
… |
| 21-7840 |
Hazhar A. Sayed v. Colorado |
Colorado |
2022-05-11 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process guilty-plea immigration ineffective-assistance ineffective-assistance-of-counsel people-v-chavez-torres plea-bargaining plea-counsel |
1) Mr, Sayed's Plea was not entered Knowingly, intelligently and
voluntarily because his plea counsel failed to adequately advise
him that he would be… |
| 21-7842 |
Tommy Dean Bullcoming v. United States |
Tenth Circuit |
2022-05-11 |
Denied |
Response WaivedIFP |
6th-amendment access-to-evidence constitutional-rights crime-scene-access criminal-defendant-rights criminal-procedure due-process equal-protection evidence-gathering fair-trial property-rights |
Does an accused in a criminal case have a constitutional right to access the crime scene, where it is private property not under government control --… |
| 21-7844 |
James R. W. Mitchell v. Raymond Madden, Warden |
Ninth Circuit |
2022-05-11 |
Denied |
Response WaivedIFP |
counsel-appointment court-discretion criminal-defendant criminal-procedure faretta-right faretta-v-california mccoy-v-louisiana right-to-counsel right-to-self-representation self-representation sixth-amendment |
In Faretta v. California , 422 U.S. 806 (1975), this Court held that a criminal defendant has a Sixth Amendment right to represent himself at trial. I… |
| 21-7846 |
Jose L. Arroyo-Garcia v. Ohio |
Ohio |
2022-05-11 |
Denied |
Response WaivedIFP |
civil-rights constitutional-law criminal-procedure discrimination due-process equal-protection exceptions indictment-amendment legal-discrimination state-court state-courts |
Does the Due Process Clause tolerate invidious discrimination by way of a state court's denial of a well-established exception to the rule?
Is notice… |
| 21-7822 |
Christopher Patrick Lovings v. United States |
Sixth Circuit |
2022-05-10 |
Denied |
Response WaivedIFP |
criminal-procedure enhancement fleeing fleeing-offense judicial-discretion knowledge knowledge-standard law-enforcement sentencing sentencing-guidelines ussg-3c1.2 |
Whether a sentencing court may apply an enhancement pursuant to USSG § 3C1.2 when the record fails to establish the defendant knew or had reason to kn… |
| 21-7824 |
Jerome Scott King v. United States |
Eighth Circuit |
2022-05-10 |
Denied |
Response WaivedIFP |
appeal-waiver appellate-review criminal-procedure defendant-rights due-process plea-agreement plea-bargaining sentencing voluntary-waiver |
Whether a provision in a plea agreement that bars a defendant from appealing a sentence of imprisonment violates due process and whether it can be kno… |
| 21-7830 |
Daniel Paul Starr v. United States District Court for the Northern District of Oklahoma |
Tenth Circuit |
2022-05-10 |
Denied |
Relisted (2)IFP |
civil-rights criminal-procedure double-jeopardy due-process judicial-communication judicial-misconduct jury-instructions jury-note jury-unanimity trial-conduct |
1. ON A STATE DISTRICT COURT LEVEL, IS IT LAWFUL FOR JURY TO RENDER A VERDICT OF GUILTY ON A LESSER-CHARGE (MISDE MEANER), AND THE AFTERWORDS THE JUDG… |
| 21-7803 |
Frank Jauron Stringfellow v. Louisiana |
Louisiana |
2022-05-09 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process intoxication-defense jury-instructions non-unanimous-verdict supreme-court-review |
Whether The Louisiana Supreme Court, Louisiana Second Circuit Court Of Appeal And The TVial Court Bred In Denying Frank Stringfeliow's Constitutional … |
| 21-7808 |
John Edward McIntyre v. United States |
Fifth Circuit |
2022-05-09 |
Denied |
Response WaivedIFP |
criminal-interdiction criminal-procedure equal-protection fourth-amendment high-crime-neighborhood high-crime-neighborhoods law-enforcement probable-cause racial-profiling targeted-enforcement traffic-stop |
In Whren v. United States, 517 U.S. 806 (1996), this Court held that for purposes of the Fourth Amendment, a police officer's subjective motivation fo… |
| 21-7813 |
Hector Cervantes-Resendiz v. United States |
Fifth Circuit |
2022-05-09 |
Denied |
Response WaivedIFP |
constitutional-law constitutional-provisions criminal-law criminal-procedure due-process fifth-circuit precedent-review sentencing stare-decisis statutory-interpretation supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-1428 |
Donald L. Blankenship v. United States |
Fourth Circuit |
2022-05-09 |
Denied |
Amici (1) |
brady-v-maryland brady-violation circuit-split criminal-procedure due-diligence due-process exculpatory-evidence prosecutorial-disclosure self-help |
Whether, to establish a violation of Brady v. Maryland, 373 U.S. 83 (1963), a defendant must show that he could not have obtained the suppressed, excu… |
| 21-7791 |
Aaron Ramirez-Almader v. United States |
Fifth Circuit |
2022-05-06 |
Denied |
Response WaivedIFP |
case-law constitutional-law court-of-appeals criminal-procedure judicial-review legal-precedent recidivism sentencing stare-decisis statutory-interpretation supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-7793 |
Leihinahina Sullivan v. United States District Court for the District of Hawaii |
Ninth Circuit |
2022-05-06 |
Denied |
Response WaivedIFP |
attorney-client-privilege civil-rights constitutional-rights criminal-procedure due-process free-speech grand-jury-procedure pro-se-defendant prosecutorial-misconduct standing subpoena-abuse |
Due to the lack of vesources while pretvia\ inca rcevatca at Honolulu Fedeval Detention Cenky C'F De") L apologize for using recytled paper. Pencil, a… |
| 21-7797 |
Michael G. Peters v. Texas Medical Board |
Fifth Circuit |
2022-05-06 |
Dismissed |
IFP |
administrative-law administrative-procedure agency-action breakdown-of-communication criminal-procedure due-process effective-assistance-of-counsel judicial-review right-to-counsel sixth-amendment statutory-interpretation substitute-counsel |
Question not identified. |
| 21-7798 |
Francisco Manuel Padilla v. California |
California |
2022-05-06 |
Denied |
IFP |
constitutional-rights counsel-appointment criminal-procedure due-process ineffective-assistance judicial-discretion plea-bargaining plea-withdrawal right-to-counsel standard-of-review |
1. DID THE COURT ABUSE ITS DISCRETION, AND THEREBY VIOLATE APPELLANT'S CONSTITUTIONAL RIGHTS, WHEN IT DENIED HIS MOTION TO WITHDRAW HIS PLEAS?
2. DID… |
| 21-7782 |
William Larry Foley v. Texas |
Texas |
2022-05-05 |
Denied |
IFP |
appellate-review criminal-procedure due-process jury-trial jury-verdict standard-of-review sufficiency-of-evidence |
IS THE EVIDENCE SUFFICIENT TO SUSTAIN THE JURY'S GUILTY VERDICT? |
| 21-7785 |
Jose Mena-Valdez v. United States |
Eighth Circuit |
2022-05-05 |
Denied |
Response WaivedIFP |
4th-amendment criminal-procedure law-enforcement probable-cause vehicle-search warrantless-search |
Did law enforcement officers have probable cause to conduct a warrantless search of the vehicle driven by the Defendant. |
| 21-7786 |
Ignacio Trevizo-Cortez v. United States |
Fifth Circuit |
2022-05-05 |
Denied |
Response WaivedIFP |
Almendarez-Torres case-jurisdiction constitutional-provisions criminal-procedure due-process fifth-circuit jury-trial legal-precedent recidivism sentencing supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-7766 |
Jacory Brown v. Christian Pfeiffer, Warden |
Ninth Circuit |
2022-05-04 |
Denied |
IFP |
constitutional-rights criminal-procedure district-court due-process effective-assistance ineffective-assistance-of-counsel legal-claims prima-facie-case sixth-amendment strickland-v-washington |
Counsel under the sixth Amendment, Does Making a
Showing under defient perfrmance and prejudice
establish a prina facie case?
2.Does a District court… |
| 21-7768 |
Jowell Travis LeGendre v. Virginia |
Virginia |
2022-05-04 |
Denied |
Response WaivedIFP |
conflict-of-interest constitutional-rights criminal-procedure due-process eighth-amendment fifth-amendment ineffective-assistance ineffective-counsel inquiry pre-trial |
• Were my rights to due process of law under the Fifth Amendment and Section 1 of the Eighth Amendment prejudiced when the Circuit Court for the City … |
| 21-7771 |
James Lamar Strickland v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2022-05-04 |
Denied |
Response WaivedIFP |
brady-disclosure criminal-procedure due-process fundamental-fairness ineffective-assistance ineffective-assistance-of-counsel prejudice-standard sixth-amendment strickland-standard strickland-v-washington |
Whether the court of appeals improperly applied the prejudice standard articulated by this Court in Strickland v. Washington, 466 U.S. 668 (1984), to … |
| 21-1414 |
Barton Ray Crandall v. United States |
Eighth Circuit |
2022-05-04 |
Denied |
Response Waived |
18-usc-3582(c)(1)(A) 18-usc-924(c) criminal-law criminal-procedure criminal-sentencing extraordinary-and-compelling-reasons extraordinary-circumstances federal-sentencing judicial-discretion sentence-reduction sentencing-reduction statutory-interpretation |
Whether a district court may consider the 2018
amendment to the sentences mandated by 18 U.S.C.
§ 924(c) in determining whether a defendant has
shown … |
| 21-7763 |
Randolph Ashford v. South Carolina |
South Carolina |
2022-05-03 |
Denied |
Response WaivedIFP |
14th-amendment 5th-amendment 6th-amendment amendment-rights constitutional-rights court-jurisdiction criminal-procedure due-process indictment indictment-procedure subject-matter-jurisdiction |
Was Petitioner's 5th, 6th, and 14th, Amendment Rights of the
U.S. Constitution, Due Process Rights violated, by the pro
cedural defects in the establ… |
| 21-1398 |
Nelson Daniel Centeno v. Commonwealth of Puerto Rico |
Puerto Rico |
2022-05-02 |
Denied |
|
acquittals constitutional-law constitutional-rights criminal-procedure judicial-precedent non-unanimous-verdict puerto-rico puerto-rico-law ramos-v-louisiana sixth-amendment |
Does this Court's decision in Ramos v. Louisiana, 590 U.S. __, 140 S.Ct. 1390 (2020) bar Puerto Rico from continuing to authorize non-unanimous acquit… |
| 21-1401 |
John Doe v. Colonel Gary T. Settle, Superintendent, Virginia Department of State Police |
Fourth Circuit |
2022-05-02 |
Denied |
Response Waived |
8th-amendment civil-rights constitutional-law criminal-procedure due-process eighth-amendment punishment punishment-analysis sex-offender-registry smith-v-doe state-restrictions |
Whether a state sex offender registry that imposes restrictions on individuals beyond mere registration with state or local law enforcement constitute… |
| 21-7749 |
Samba Sarr v. Brian Cook, Warden |
Sixth Circuit |
2022-04-29 |
Denied |
IFP |
criminal-procedure due-process fair-trial ineffective-assistance ineffective-assistance-of-counsel insufficient-evidence kidnapping sexual-assault sufficiency-of-evidence |
I. Whether Counsel for Defendant was ineffective as trial counsel for his failure to make proper objection.
II. Whether, the evidence presented was i… |
| 21-7733 |
Rashod Lewis v. United States |
Second Circuit |
2022-04-28 |
Denied |
Response WaivedIFP |
924(c) conviction-validity crime-of-violence criminal-procedure davis-precedent due-process sentencing statutory-interpretation statutory-offense united-states-v-davis vagueness-doctrine |
1) Can a conviction and punishment stand on a non-existent stat utory offense, based on it being dismissed?
2) Was Petitioner's 18 U.S.C. 924(c) (1)(… |
| 21-7734 |
Bruce Mitchell Nicholson v. United States |
Eleventh Circuit |
2022-04-28 |
Denied |
Response WaivedIFP |
civil-procedure criminal-procedure exclusionary-rule fourth-amendment probable-cause reasonableness search-warrant time-limit |
Does a violation of a time-limit prescribed in a search warrant render a search unreasonable under the Fourth Amendment? |
| 21-7735 |
Erskin Bernard Perryman v. United States |
Sixth Circuit |
2022-04-28 |
Denied |
Response WaivedIFP |
appeal-waiver appellate-waiver base-offense-level criminal-procedure due-process judicial-review minor-participant plea-agreement sentencing-guidelines sixth-circuit |
The Sixth Circuit Court of Appeals erroneously granted the Government's Motion to Dismiss and refused to address whether the trial court calculated th… |
| 21-7738 |
Guillermo Mata-Valerio v. United States |
Fifth Circuit |
2022-04-28 |
Denied |
Response WaivedIFP |
appellate-procedure certiorari constitutional-interpretation criminal-law criminal-procedure due-process judicial-precedent sentencing sixth-amendment stare-decisis statutory-interpretation supreme-court-review |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-7742 |
Marvel Jones v. John M. Carter, et al. |
Eighth Circuit |
2022-04-28 |
Denied |
Response WaivedIFP |
civil-procedure court-review criminal-procedure dismissal-without-prejudice federal-rules legal-ruling pleading prejudice res-judicata standing summary-judgment |
Question not identified. |
| 21-7743 |
Matthew J. Kidder v. Nebraska |
Nebraska |
2022-04-28 |
Denied |
Response WaivedIFP |
constitutional-rights counsel criminal-procedure due-process effective-assistance-of-counsel fourteenth-amendment habeas-corpus ineffective-assistance sentencing sixth-amendment state-court-jurisdiction |
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S'V+k. cxvdi ft)odee.r\Ui p£jM fs effective G S3'S^nce c? Cocosel cIcm S Tflue … |
| 21-7744 |
Bralen Lamar Jordan v. Federal Bureau of Prisons, et al. |
Seventh Circuit |
2022-04-28 |
Denied |
IFP |
18-usc-1915 civil-rights constitutional-law criminal-procedure due-process federal-jurisdiction imminent-danger judicial-review standing three-strikes |
WhAT IS IMMINENT DANGER As TO THE EEMENT OF STAOTE GOING TO HAPPENOR SOMEtHING IS ABOUT TO HAPPEN?
INJURY VIOLATON OF THE CAUSE TO WALLANT IMMINENT D… |
| 21-7716 |
Paul Douglas Jackson v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-04-27 |
Denied |
IFP |
14th-amendment 5th-amendment actual-innocence constitutional-violation criminal-procedure due-process federal-review habeas-corpus ineffective-assistance-of-counsel judicial-process post-conviction-relief state-court-review |
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auq SI Uto liute# SUifes ~L>^(Zurf (iouftl kJmibQO 7).s… |
| 21-7721 |
Juan Francisco Cruz-Mora v. United States |
Fifth Circuit |
2022-04-27 |
Denied |
Response WaivedIFP |
almendarez-torres certiorari constitutional-law criminal-law criminal-procedure due-process fifth-circuit judicial-precedent recidivism sentencing supreme-court supreme-court-review |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-7723 |
Freddie Galan v. United States |
Fifth Circuit |
2022-04-27 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fifth-circuit guilty-plea ineffective-assistance judicial-review plea-bargaining rule-11 supreme-court-review |
Whether Mr. Galan's guilty plea to facts which do not constitute a conspiracy offense as a matter of law is an invalid and unintelligent guilty plea w… |
| 21-7725 |
Jeffrey Ndungi Sila v. United States |
Fifth Circuit |
2022-04-27 |
Denied |
Response WaivedIFP |
appointed-counsel criminal-appeal criminal-procedure due-process fifth-circuit judicial-proceedings plain-error plain-error-standard pro-se-motion summary-affirmance waiver |
Whether the Fifth Circuit proceedings in petitioner's case "so far departed from the accepted and usual course of judicial proceedings," Sup. Ct. R. 1… |
| 21-7726 |
Michael Charles Sartin v. United States |
Eighth Circuit |
2022-04-27 |
Denied |
Response WaivedIFP |
certiorari CJA-plan criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel judicial-procedure misinformation post-conviction-relief wilkins-precedent wilkins-v-united-states writ-of-certiorari |
Whether misinformation about the timeframe for seeking
certiorari in violation of a lower court's CJA plan entitles a defendant to
a GVR consistent wi… |
| 21-7729 |
William Gerard Wallace v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2022-04-27 |
Denied |
IFP |
civil-action civil-procedure criminal-charge criminal-procedure due-process florida-state-law judicial-error jurisdiction plea-bargaining standing trial-court |
Is the Florida State trial court at error when allowing the petitioner to plea out to a non-existing criminal charge that constitutes civil action? |
| 21-7731 |
Alonzo Bell v. Illinois |
Illinois |
2022-04-27 |
Denied |
Response WaivedIFP |
6th-amendment civil-rights constitutional-rights criminal-procedure due-process effective-assistance-of-counsel evidence evidence-exclusion judicial-discretion proportionate-penalties sentencing |
Whether the Circuit Court erred in admitting Social Media evidence at trial.
Whether Defendant was Denied His Constitutional right to the effective a… |
| 21-7693 |
Kenneth R. Heddlesten v. Scott Crow, Director, Oklahoma Department of Corrections |
Tenth Circuit |
2022-04-26 |
Denied |
IFP |
appeals appellate-review civil-procedure criminal-procedure due-process federal-courts habeas-corpus plain-error rule-60b4 timeliness |
How does the Oklahoma Court of Criminal Appeals policy of reviewing plain error only prevent appellate counsel from "raising all claims of error in a … |
| 21-7697 |
Michael Mirando, aka Michael John Mirando v. United States |
Ninth Circuit |
2022-04-26 |
Denied |
Response WaivedIFP |
appeal appellate-review circuit-split criminal-procedure district-court loss-calculation sentencing-guidelines standard-of-review |
What standard of review applies to an appeal challenging a district court's methodology for calculating the loss amount under Section 2B1.1 of the Uni… |
| 21-7701 |
Francisco Rosales Hernandez v. United States |
Ninth Circuit |
2022-04-26 |
Denied |
Response WaivedIFP |
advisory-guidelines advisory-range criminal-procedure district-court extraordinary-compelling-reasons judicial-discretion molina-martinez-v-united-states ninth-circuit plain-error remand remand
21-7700" rosales-mireles-v-united-states sentencing-guidelines sentencing-law sentencing-reduction statutory-interpretation Whether a district court may consider nonretroacti |
When should a case be remanded for resentencing under the plain-error standard of review if the district court failed to announce its calculation of t… |
| 21-7703 |
Tyrone Wortham v. New York |
New York |
2022-04-26 |
Denied |
Amici (2)Response RequestedResponse WaivedRelisted (2)IFP |
booking-exception criminal-procedure incriminating-response law-enforcement miranda-rights split-of-authority |
When a law enforcement officer's purportedly biographical question to a suspect is reasonably likely to elicit an incriminating response, does it fall… |
| 21-7704 |
Kerry Vanderpool v. United States |
Second Circuit |
2022-04-26 |
Denied |
Response WaivedIFP |
18-usc-3742 appeals criminal-procedure due-process jurisdiction sentencing |
1. Does the plain language of 18 U.S.C. § 3742(f) deprive the federal Courts of Appeals of jurisdiction to vacate a sentence when it is uncontested th… |
| 21-7705 |
Nolan Woods v. Florida Department of Corrections |
Eleventh Circuit |
2022-04-26 |
Denied |
Response WaivedIFP |
acquittal appellate-review constitutional-law criminal-procedure double-jeopardy due-process judgment-of-acquittal judicial-remedy re-prosecution |
WILL THIS COURT CREATE A BRIGHT-LINE RULE DELINEATING THAT THE ONLY CURE FOR A DOUBLE JEOPARDY VIOLATION CAUSED BY DUAL CONVICTIONS OF THE SAME CRIME … |
| 21-7706 |
Irving Ernesto Arias v. United States |
Fifth Circuit |
2022-04-26 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review criminal-procedure district-court due-process fifth-circuit guilty-plea motion-to-withdraw plea-bargaining sentencing |
DID THE FIFTH CIRCUIT ERR BY FINDING THAT THE DISTRICT COURT'S DECISION TO DENY MR. ARIAS'S MOTION TO WITHDRAW HIS GUILTY PLEA DID NOT CONSTITUTE AN A… |
| 21-7707 |
Jerome Lamar Pitts v. United States |
Eleventh Circuit |
2022-04-26 |
Denied |
Response WaivedIFP |
appeal-waiver constitutional-law constitutional-violation criminal-procedure due-process legal-remedy plea-agreement plea-bargaining sentencing-guidelines |
1) Whether a miscalculated Sentencing Guideline violates Due Process enough to count as a "sentence in violation of the Constitution or laws of the Un… |
| 21-7713 |
William Neely v. Superior Court of California, Sacramento County |
California |
2022-04-26 |
Denied |
Response WaivedIFP |
14th-amendment criminal-procedure dna-evidence dna-tampering due-process fourteenth-amendment liberty-interest post-trial-discovery |
Do the safegards provided by the 14th Amendment apply to the
state's unreasonable denial of post-trial criminal discovery where
Petitioner, with newly… |
| 21-7687 |
Earl Jones v. Ohio |
Ohio |
2022-04-25 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure due-process evidence evidence-review fact-inference jackson-standard reasonable-doubt standard-of-review sufficiency-of-evidence supreme-court-ohio |
Whether a reviewing court must consider all the evidence in determining whether inferences from basic facts to ultimate facts are reasonable to prove … |
| 21-7690 |
Anthony J. Springer v. Bryan Morrison, Warden |
Sixth Circuit |
2022-04-25 |
Denied |
Response WaivedIFP |
certificate-of-appealability criminal-procedure entrapment-by-estoppel habeas-corpus ineffective-assistance ineffective-assistance-of-counsel michigan-supreme-court pre-trial-defense reasonable-jurist |
TRAIL AND APPELLATE COUNSEL PROVIDED INEFFECTIVE ASSISTANCE FOR FAILING TO INVESTIGATE AND PRESENT THE PRE-TRIAL DEFENSE OF ENTRAPMENT BY ESTOPPEL.
A… |
| 21-7682 |
Travon DeAngelo Brown v. Mississippi |
Mississippi |
2022-04-22 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process forensic-analysis habeas-corpus ineffective-assistance-of-counsel newly-discovered-evidence post-conviction-relief res-judicata spoliation-of-evidence |
Whether Arizona v. Youngblood, 488 U.S. 1 (1988), is sufficient to except such due process claim from procedural default of RESTATEMENT (SECOND) OF JU… |
| 21-7683 |
Nelson Conto v. United States |
Fourth Circuit |
2022-04-22 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure due-process evidence fourth-circuit interview-evidence judicial-error motion-in-limine standard-of-review trial-procedure |
1. WHETHER THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT ERRED IN DISMISSING THE PETITIONER'S MERITORIOUS APPEAL OF THE DENIAL OF APPELLAN… |
| 21-7666 |
Izell Delorean Grissett, Jr. v. United States |
Fourth Circuit |
2022-04-21 |
Denied |
Response WaivedIFP |
apprendi apprendi-ruling collateral-review constitutional-claim criminal-procedure guidelines mandatory-guidelines miscarriage-of-justice section-2255 sentencing sentencing-guidelines sixth-amendment |
1. Whether the Sixth Amendment requires the fact of a first-degree murder cross reference under § 2Al.l-to be treated as an element-when that finding … |
| 21-7668 |
Russell Haley v. Mississippi |
Mississippi |
2022-04-21 |
Denied |
Response WaivedIFP |
constitutional-rights conviction-challenge counsel criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargaining right-to-counsel sixth-amendment |
Does a guilty plea waive a defendant's right to make a Sixth Amendment claim of ineffective assistance of counsel where counsel's failure to investiga… |
| 21-7669 |
Thomas Hoey, Jr. v. United States |
Second Circuit |
2022-04-21 |
Denied |
Response WaivedIFP |
attorney-client-privilege civil-rights constitutional-law constitutional-rights criminal-procedure due-process fifth-amendment legal-precedent sixth-amendment |
Does new precedent need to be set to protect the Fifth & Sixth Amendments, and the attorney-client privilege? |
| 21-7674 |
Jamie Allen v. United States |
Fourth Circuit |
2022-04-21 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure criminal-sentencing district-court due-process fourth-circuit reversible-error sentencing-guidelines sentencing-reduction statutory-interpretation |
WHETHER THE FOURTH CIRCUIT COURT OF APPEALS ERRED BY REFUSING TO HEAR MR. ALLEN'S MERITORIOUS CLAIMS THAT THE DISTRICT COURT COMMITTED REVERSIBLE ERRO… |
| 21-7675 |
Jason Leon Cruse v. Oklahoma |
Oklahoma |
2022-04-21 |
Denied |
IFP |
criminal-conviction criminal-procedure due-process federal-structure habeas-corpus mcgirt-retroactivity native-american-rights retroactivity tribal-jurisdiction |
Whether McGirt v. Oklahoma, 140 S.Ct. 2452 (2020) applies retroactively to convictions that were final when it was decided? |
| 21-7678 |
Robert Elton v. Oklahoma |
Oklahoma |
2022-04-21 |
Denied |
IFP |
arizona-v-united-states constitutional-interpretation criminal-procedure edwards-v-vannoy federal-preemption indian-country judicial-jurisdiction mcculloch-v-maryland preemption state-court-powers tribal-sovereignty |
1. Whether a State's contortion of Edwards v. Vannoy (2021) to delimit Indian Country powers into new rules of criminal procedure can be permitted to … |
| 21-7648 |
Luis Fernando Ceja, aka Chako v. United States |
Ninth Circuit |
2022-04-19 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
criminal-procedure due-process federal-rules-of-criminal-procedure foreign-citizen foreign-defendant jury-trial jury-trial-waiver oral-colloquy rule-23 waiver |
Whether courts may decline to enforce the plain language of Federal Rule of Criminal Procedure 23(a) requiring that a waiver of jury trial be in writi… |
| 21-7651 |
Manuel Martinez v. Illinois |
Illinois |
2022-04-19 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure dna-evidence due-process exculpatory-evidence ineffective-assistance-of-counsel ineffective-counsel miranda-rights post-conviction-relief trial-strategy |
1) If a DNA Exculpatory Wearing the-Release Cause-Tested 4th right he had Be-To /e PM iMiAe^e^ o-f fAii /vtvlur^ . W<aA kjo hlAMUr ok/ the DfV/1 £v/D£… |
| 21-7646 |
Jason Delacerda v. Texas |
Texas |
2022-04-19 |
Denied |
IFP |
appellate-review criminal-conviction criminal-procedure death-penalty due-process future-dangerousness ineffective-assistance ineffective-assistance-of-counsel psychiatric-evidence psychiatric-testimony sufficiency-of-evidence |
I. QUESTION PRESENTED NO. ONE - Did the
appellate court err in failing to find that the evidence was
insufficient to support the conviction and death … |
| 21-7636 |
Ramon Lopez v. Angel Quiros, Commissioner, Connecticut Department of Correction |
Connecticut |
2022-04-18 |
Denied |
Response WaivedIFP |
brady-disclosure brady-v-maryland constitutional-rights criminal-defendant criminal-procedure disclosure due-diligence material-evidence material-favorable-evidence prosecuting-authority prosecutorial-evidence |
Does the rule set forth in Brady v. Maryland, 373 U.S. 83 (1963), requiring that the government disclose material favorable evidence to a criminal def… |
| 21-7637 |
Marecellus Adams v. Tim Hooper, Warden |
Fifth Circuit |
2022-04-18 |
Denied |
Response WaivedIFP |
criminal-procedure defense-strategy due-process fundamental-fairness habeas-corpus ineffective-assistance ineffective-assistance-of-counsel right-to-counsel sixth-amendment |
Did trial counsel violate Adams's right to choose the objective of his defense when he conceded guilt over his express objection?
Was Adams entitled … |
| 21-7640 |
Ramel General v. United States |
Second Circuit |
2022-04-18 |
Denied |
Response WaivedIFP |
appellate-rights circuit-precedent criminal-procedure due-process judicial-review legal-precedent procedural-challenge standard-of-review united-states-v-gomez-perez waiver waiver-enforcement |
Whether the Petitioner demonstrated that the waiver of his appellate rights is unenforceable under United States v. Gomez-Perez, 215 F.3d 315, 319 (2d… |
| 21-7641 |
Jose Diaz Perez v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-04-18 |
Denied |
IFP |
4th-amendment constitutional-law constitutional-violation criminal-procedure due-process evidence evidence-seizure intoxication-statements search-warrant |
1) Did the State of Texas and theU.S. District Court improperly
hold that the trial court properly admitted into evidence a personal
writing by the … |
| 21-7644 |
Mario Reynoso, aka Mario Hernandez v. United States |
Tenth Circuit |
2022-04-18 |
Denied |
Response WaivedIFP |
appointment-of-counsel court-appointed-counsel criminal-appeal criminal-procedure extraordinary-circumstances federal-appeals federal-circuit-court ineffective-assistance-of-counsel judicial-remedy mandate-recall recall-of-mandate writ-of-certiorari |
(1). WHAT REMEDY IS AVAILABLE FOR PETITIONER WHEN HIS COURTAPPOINTED (CJA) ATTORNEY FAILED TO INFORM, ADVICE OR FILE
A TIMELY PETITION FOR A WRIT OF … |
| 21-7645 |
Alimamy Barrie v. United States |
Fourth Circuit |
2022-04-18 |
Denied |
Response WaivedIFP |
criminal-procedure federal-appeals federal-rules-of-criminal-procedure judicial-review plain-error procedural-default re-sentencing sentencing sentencing-guidelines successive-filing |
Should an Error be Corrected in a Motion under Federal Rules of Criminal Procedure Rule 52b, when the Conditions of US v. Olano are met, even if the I… |
| 21-1357 |
James S. Tyler, III v. Darrel Vannoy, Warden |
Louisiana |
2022-04-18 |
Denied |
Amici (1) |
capital-defendant collateral-review criminal-procedure mccoy right-to-counsel sixth-amendment substantive-rule teague-bar |
1. Where a capital defendant objected to his attorney's concession of guilt, does the explicit text of
the Sixth Amendment and longstanding right to
c… |
| 21-7631 |
Johnell Lee Carter v. Hunter Anglea, Warden |
Ninth Circuit |
2022-04-15 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process pro-per pro-per-status right-to-counsel self-representation sixth-amendment trial-court-discretion |
Whether the trial court denied Petitioner's right to self representation by concluding Mr. Carter's opting for pro per status was made too close to th… |
| 21-7619 |
Jarbarri Randale Wall v. United States |
Fourth Circuit |
2022-04-14 |
Denied |
Response WaivedIFP |
appeal-waiver criminal-procedure federal-law plea-agreement sentencing sentencing-condition statutory-authority statutory-maximum supervised-release |
The district court imposed a special condition of supervised release that the defendant abstain from the use of alcoholic beverages, not associate wit… |
| 21-7621 |
Jose Miguel Perez-Vides v. United States |
Fifth Circuit |
2022-04-14 |
Denied |
Response WaivedIFP |
Almendarez-Torres case-review criminal-procedure due-process fifth-circuit judicial-procedure jury-trial legal-precedent recidivism sentencing supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-7622 |
Alejandro Medina-Rios v. United States |
Fifth Circuit |
2022-04-14 |
Denied |
Response WaivedIFP |
certiorari constitutional-interpretation constitutional-law criminal-law criminal-procedure due-process fifth-circuit judicial-precedent precedent sentencing supreme-court supreme-court-review |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-7625 |
Jonathan Scott May v. United States |
Fifth Circuit |
2022-04-14 |
Denied |
Response WaivedIFP |
criminal-procedure district-court enhancement federal-sentencing judicial-discretion plain-error sentencing-guidelines |
1. Did the district court plainly err when applying an enhancement under U.S. Sentencing Guidelines Manual § 2G2.2(b)(5)? |
| 21-7626 |
Joseph Martinez v. United States |
Fifth Circuit |
2022-04-14 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure district-court guideline-range holguin-hernandez judicial-discretion sentencing-argument sentencing-guidelines substantial-arguments |
Whether, after Holguin-Hernandez v. United States, __U.S.__, 140 S.Ct. 762 (2020), a party may obtain appellate relief when the district court fails t… |
| 21-1352 |
Vivian Tat, aka Vivian Lnu v. United States |
Ninth Circuit |
2022-04-14 |
Denied |
Response Waived |
appellate-review circuit-split criminal-procedure fundamental-rights jury-instructions plain-error-review rogers-error rogers-v-united-states standard-of-review |
Does plain error review govern claims of Rogers error on appeal, as the Ninth Circuit held below, or are such claims reviewed for harmlessness beyond … |
| 21-1347 |
Kevas L. Ballance v. United States |
Tenth Circuit |
2022-04-13 |
Denied |
Response Waived |
appellate-review circuit-split clear-error criminal-procedure de-novo-review district-court standard-of-review suppression-hearing suppression-ruling |
When reviewing a suppression ruling on appeal, should the appellate court review factual findings for clear error and the ultimate legal determination… |
| 21-7606 |
Michael La Donte Scott v. Robert W. Fox, Warden |
Ninth Circuit |
2022-04-13 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure ineffective-assistance ineffective-assistance-of-counsel plea-bargaining right-to-counsel sixth-amendment strickland-v-washington time-barred-charges |
Petitioners WS Provided EAC Under Strickland W. WASHinGTon CLA84) Ube U-S. GELB, By Hic Coonsel's incompetest Ravice To Plead No Contest "To "Time -Ba… |
| 21-7612 |
Jose Luis Aldaba-Roman v. United States |
Fifth Circuit |
2022-04-13 |
Denied |
Response WaivedIFP |
Almendarez-Torres criminal-law criminal-procedure due-process fifth-circuit jury-trial sentencing Supreme-Court writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-7613 |
James Edward Williams v. Illinois |
Illinois |
2022-04-13 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process evidence hearsay hearsay-evidence jury-instructions prior-bad-acts propensity |
The state appellate court's decision was wrong
Can the jury be instructed to consider
Criminal 3.14 IPI instructions Saying
that the jury can consider… |
| 21-7616 |
Andrew Ussery v. United States |
Fifth Circuit |
2022-04-13 |
Denied |
Response WaivedIFP |
criminal-procedure due-process guidelines methamphetamine sentencing supervisory-powers |
Whether the decision of the United States Court of Appeals for the Fifth Circuit ("Fifth Circuit")–which affirmed the decision of the District Court t… |
| 21-7617 |
Stevie Wyre v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-04-13 |
Denied |
Relisted (2)IFP |
civil-rights constitutional-violation criminal-procedure cross-examination due-process evidence federal-rights habeas-corpus innocence newly-discovered-evidence perjury-testimony |
1) Whether Wype is ewttlet Yo Relief 02 av Eviherhiney heain
Whene Whe Lded Slates Coue of Appeals. SCaeut avd Whe
VUrled Ques Dishdiel Couet Loe Whe … |
| 21-7597 |
Clifford Idris Bell v. United States |
Sixth Circuit |
2022-04-12 |
Denied |
Response WaivedIFP |
confidential-informant criminal-procedure fourth-amendment law-enforcement personal-residence probable-cause search-and-seizure search-warrant warrant |
Whether the Fourth Amendment prohibits the issuance of a warrant and the
subsequent search of a personal residence based solely on a confidential
info… |
| 21-7598 |
Irvin Garces v. United States |
Fifth Circuit |
2022-04-12 |
Denied |
Response WaivedIFP |
administration-of-justice criminal-procedure drug-offense exceptional-importance federal-law fifth-circuit minor-role sentencing-guidelines |
I. Whether the Fifth Circuit violated federal law when it conducted a cursory review of the facts related to a warranted two-level adjustment under U.… |
| 21-7601 |
Eugene Kevin Pugh v. United States |
District of Columbia |
2022-04-12 |
Denied |
Response WaivedIFP |
civil-rights constitutional-law criminal-procedure due-process ineffective-assistance-of-counsel prosecutorial-misconduct |
Question not identified. |
| 21-7603 |
Glen S. Evans v. Bill Stange, Warden |
Eighth Circuit |
2022-04-12 |
Denied |
IFP |
4th-amendment criminal-procedure fruit-of-poisonous-tree fruit-of-the-poisonous-tree ineffective-assistance-of-counsel insufficient-evidence motion-to-suppress prejudice reasonable-suspicion second-degree-murder sufficiency-of-evidence |
1. Where the trial court has erred and abused its discretion in
overruling defendant's motion to suppress his statements to
police, and in admitting … |
| 21-7587 |
Jose Garcia Solorzano v. United States |
Seventh Circuit |
2022-04-11 |
Denied |
Response WaivedIFP |
acceptance-of-responsibility appeal criminal-procedure criminal-sentencing district-court district-court-discretion reduction-in-sentence sentence-reduction sentencing-guidelines u.s.s.g.-§3e1.1 u.s.s.g.-interpretation |
Did the district court err in not granting Mr. Solorzano a reduction in sentence for his acceptance of responsibility under U.S.S.G. §3E1.1? |
| 21-7589 |
Mark A. Brown v. Bernadette Mason, Superintendent, State Correctional Institution at Mahanoy, et al. |
Third Circuit |
2022-04-11 |
Denied |
Response WaivedIFP |
appellate-review burden-of-proof constitutional-rights criminal-conviction criminal-procedure due-process evidence reasonable-doubt |
Whether the Court of Appeals finding that the state Courts conviction was based on a reasonable determination of the facts in light of the evidence pr… |
| 21-1341 |
Wysingo Turner v. Christine Brannon-Dortch, Warden |
Seventh Circuit |
2022-04-11 |
Denied |
Response Waived |
2nd-amendment civil-rights criminal-defendant criminal-procedure due-process federal-law firearm-possession murder-trial self-defense standing state-court |
Whether a state court's decision that a criminal defendant can be falsely accused during his state criminal murder trial of "illegally" possessing out… |
| 21-1344 |
Christin Campbell-Martin and Adam Scott Leiva v. United States |
Eighth Circuit |
2022-04-11 |
Denied |
|
and established the arrestee's identity secured the arrestee in a police car 4th-amendment arrest-search criminal-procedure established-identity false-identification fourth-amendment incident-to-arrest police-procedure probable-cause search-and-seizure search-incident-to-arrest secured-arrestee vehicle-search |
In Arizona v. Gant , this Court held, "Police may search a vehicle incident to a recent occupant's arrest only if the arrestee is with in reaching dis… |
| 21-7574 |
Danyel Black v. United States |
Eleventh Circuit |
2022-04-08 |
Denied |
Response WaivedIFP |
armed-career-criminal-act controlled-substances criminal-procedure fourth-amendment prior-conviction probation-search sentencing-enhancement warrantless-search |
Whether a Florida controlled substances offense, which does not require proof that the defendant knew of the illicit nature of the controlled substanc… |
| 21-7575 |
Keith Morris v. United States |
Fourth Circuit |
2022-04-08 |
Denied |
Response WaivedIFP |
appellate-waiver criminal-procedure due-process knowing-waiver plea-agreement plea-bargaining right-to-appeal sentencing waiver |
Whether a provision in a plea agreement which bars a defendant from appealing "any sentence of imprisonment" can be knowingly entered into well before… |
| 21-7577 |
Nicholas N. Kerr v. Florida |
Florida |
2022-04-08 |
Denied |
IFP |
automobile-exception carroll collins-v-virginia constitutional-rights criminal-procedure due-process fifth-amendment fourteenth-amendment fourth-amendment search-and-seizure |
Whether Petitioner's Fourth, Fifth, and Fourteenth Amendment Rights to the United States Constitution Require this Court to vacate Petitioner's convic… |
| 21-7580 |
Amos Lamar Burch v. United States |
Fourth Circuit |
2022-04-08 |
Denied |
Response WaivedIFP |
actual-innocence civil-procedure civil-rights criminal-procedure dna-testing due-process fourteenth-amendment free-speech post-conviction-relief qualified-immunity standing |
Question not identified. |
| 21-7569 |
Miguel Scott Arnold v. United States |
Third Circuit |
2022-04-07 |
Denied |
Response WaivedIFP |
criminal-law criminal-procedure due-process federal-statute human-trafficking jury-instructions rule-of-lenity statutory-interpretation third-circuit-court third-circuit-court-of-appeals unit-of-prosecution |
What is the allowable unit of prosecution for violations of 18 U.S.C. § 1591(a)?
2. Did the Third Circuit Court of Appeals err by not remanding to th… |
| 21-7570 |
Vander Clayborne v. Pennsylvania |
Pennsylvania |
2022-04-07 |
Denied |
IFP |
criminal-procedure due-process guilty-plea juvenile-justice mental-capacity mental-competency miller-v-alabama parole sentencing |
In every jurisdiction of the United States - both federal and State - there is a balancing test for deciding whether a court's decision to deny a Crim… |
| 21-7571 |
Anton F. Liverpool v. Reggie Cleveland, et al. |
Second Circuit |
2022-04-07 |
Denied |
Response WaivedIFP |
civil-procedure civil-rights constitutional-law criminal-procedure due-process excessive-force habeas-corpus judicial-review qualified-immunity standing |
present an argument of genvine dispute ldissagrement to officer cleveland
tl
indicent exposure andy thecelore admitedly the delendent to havino knowla… |
| 21-1336 |
Jeffrey Olsen v. United States |
Ninth Circuit |
2022-04-07 |
Denied |
Amici (1)Response Waived |
covid-pandemic criminal-procedure district-court district-court-authority due-process judicial-discretion jury-trial-suspension jury-trials pandemic prosecutorial-delay speedy-trial-act |
I. Whether a District Court may dismiss an indictment under the Speedy Trial Act, where the District Court finds that it is possible to hold a jury tr… |
| 21-7557 |
Maria Andrea Gonzalez v. United States |
Ninth Circuit |
2022-04-06 |
Denied |
Response WaivedIFP |
18-usc-3161 criminal-procedure due-process ends-of-justice federal-district-court findings-of-fact speedy-trial-act statutory-interpretation trial-continuance |
Does the Speedy Trial Act, 18 U.S.C. § 3161, require federal district courts to make specific findings of fact from those factors enumerated in § 3161… |
| 21-7560 |
Martin Andres-Tomas v. United States |
Fifth Circuit |
2022-04-06 |
Denied |
Response WaivedIFP |
Almendarez-Torres certiorari constitutional-interpretation court-of-appeals criminal-procedure due-process federal-statute judicial-precedent jury-trial recidivism sentencing supreme-court-review |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-7561 |
Ana Duarte-Pineda v. United States |
Fourth Circuit |
2022-04-06 |
Denied |
Response WaivedIFP |
appellate-counsel appellate-review conflict-of-interest criminal-procedure due-process indigent-defendant ineffective-assistance pro-se-response sixth-amendment sua-sponte-replacement |
If an indigent criminal defendant's pro se response to a brief filed under Anders v. California, 386 U.S. 738 (1967), alleges ineffective assistance o… |
| 21-7563 |
Alexander Kates v. New York |
Second Circuit |
2022-04-06 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure custody-determination district-court-discretion due-process federal-precedent habeas-corpus ineffective-assistance standing state-law state-law-precedent |
1. Are district courts allowed to disregard State law and controlling federal precedent when handling state habeas corpus petitions?
2. Is a petition… |
| 21-7565 |
Brandon James Lee v. Eddie M. Buffaloe, Jr., Secretary, North Carolina Department of Public Safety, et al. |
Fourth Circuit |
2022-04-06 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure discretionary-review district-court due-process federal-courts fifth-amendment habeas-corpus standing |
IN THE OF OS oa BASH PROCEEDING THAT THE. ISSUES PRESENTED WERE ADEQUATE TO DESERVE. ENCOOZAGEMENT 1 PRECEE D
Soup Tne FEDe@ar. Cougs? EXEC CASE THE … |
| 21-7566 |
Andrew James Johnston v. John Devries |
Seventh Circuit |
2022-04-06 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fair-trial jury-selection public-trial sixth-amendment |
Question not identified. |
| 21-7533 |
Ion Stanciu v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-04-05 |
Denied |
IFP |
constitutional-violation criminal-procedure due-process expert-witness fourteenth-amendment habeas-corpus ineffective-assistance medical-evidence state-misconduct |
WHEN A STATE TOGETHER WITH STATE'S EXPERT WITNESS CHANGE THE ORIGINAL VERSION OF MEDICAL EVIDENCE INTO A NEW COMPLETE DIFFERENT VERSION, TO LINK THE A… |
| 21-7537 |
Leonardo Gutierrez v. Texas |
Texas |
2022-04-05 |
Denied |
IFP |
constitutional-challenge constitutional-law criminal-procedure due-process extraneous-evidence facial-challenge judicial-jurisdiction jury-trial penal-code ramos-v-louisiana |
ISSUE ONE:
Texas Penal Code §21.02 is Whether, in light of Ramos v. Louisiana
unconstitutional on its face?
ISSUE TWO:
Whether a trial court has jur… |
| 21-7538 |
Clyde Otis Alston, Jr. v. United States |
Fourth Circuit |
2022-04-05 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review criminal-procedure due-process eighth-amendment sentencing |
(.CokeAkor4W Coutr-V foeAovo £rr«.A ia TVv-fiA^ feWP m^oa 4-V\<l SutsWvKcA^
lAAfeASoACNVic Se^VeAC^ |
| 21-7539 |
John P. Higley v. Oklahoma |
Oklahoma |
2022-04-05 |
Denied |
IFP |
14th-amendment appeal-out-of-time case-law constitutional-rights criminal-procedure direct-appeal due-process evidentiary-hearing findings-of-fact ineffective-assistance |
1) Did the Oklahoma Court of Criminal Appeals violate Mr. Higley's 14th Amendment right to
Due Process by:
a) Affirming the District Court 's decision… |
| 21-7548 |
Sergey Genadievich Novitskiy v. Colorado |
Colorado |
2022-04-05 |
Denied |
IFP |
bench-trial burden-of-proof constitutional-rights criminal-procedure due-process jury-trial standard-of-proof waiver |
1. Whether Petitioner's choice to proceed to a bench trial, instead of a jury trial, in a criminal case, lowers/lessens the prosecution burden of proo… |
| 21-7549 |
Ernesto Palacios-Martinez v. United States |
Fifth Circuit |
2022-04-05 |
Denied |
Response WaivedIFP |
apprendi-v-new-jersey constitutional-law criminal-procedure immigration-law indictment sentencing sentencing-enhancement sixth-amendment statutory-interpretation statutory-maximum |
Whether Almendarez-Torres v. United States, 523 U.S. 224 (1998) was wrongly decided, allowing for the provisions of 8 U.S.C. § 1326(b)(1) and (2) deal… |
| 21-7530 |
Paul M. Weadick v. United States |
First Circuit |
2022-04-04 |
Denied |
Response WaivedIFP |
18-usc-1512 circuit-split criminal-procedure federal-statute federal-witness-tampering fowler-v-united-states reasonable-likelihood specific-intent statutory-interpretation witness-tampering |
The federal witness tampering statute, 18 U.S.C. § 1512, permits conviction of any individual who "prevent[s] the communication by any person to a [Fe… |
| 21-1317 |
Rafi Wali McCall v. United States |
Fifth Circuit |
2022-04-04 |
Denied |
Response WaivedRelisted (2) |
acquittal constitutional-prohibition criminal-procedure double-jeopardy due-process judicial-finding jury-trial supervised-release |
Does the United States Constitution prohibit a judge from revoking supervised release pursuant to 18 U.S.C. § 3583 based on a judicial finding that th… |
| 21-1319 |
Mark Nordlicht and David Levy v. United States |
Second Circuit |
2022-04-04 |
Denied |
Amici (1) |
credibility criminal-procedure discretion district-court-discretion evidence-weighing federal-rules-of-criminal-procedure jury-verdict new-trial new-trial-motion rule-33 standard-of-review witness-credibility |
Whether district courts have discretion to weigh the evidence, including the credibility of witnesses, when deciding to grant a new trial under Rule 3… |
| 21-7510 |
Ramon Lopez v. United States |
Eleventh Circuit |
2022-04-01 |
Denied |
Response WaivedIFP |
bureau-of-prisons compassionate-release criminal-procedure criminal-sentencing extraordinary-circumstances federal-corrections federal-sentencing-guidelines sentence-reduction sentencing statutory-interpretation |
Whether Criminal Defendants may use the "recently amended"
Compassionate Release Statute [18 U.S.C. Sec. 3582(c)(1)(A)]'to
reduce or correct an exce… |
| 21-7522 |
Jerry Wayne Phillips v. Martin Frink, Warden |
Sixth Circuit |
2022-04-01 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process ex-post-facto grand-jury indictment ineffective-assistance ineffective-assistance-of-counsel jury-selection sexual-battery standard-of-review |
1. CAN CONVICTIONS OF AGGRAVATED SEXUAL BATTERY BE SUSTAINED WHEN THE STATE OF TENNESSEE FAILED TO PROVE THE ESSENTIAL ELEMENTS OF THE CRIME AS DESCRI… |
| 21-7523 |
Martin Robinson v. Ohio |
Ohio |
2022-04-01 |
Denied |
IFP |
appeals constitutional-claims criminal-justice-system criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-bias judicial-review post-conviction-relief pro-se-litigants |
Question not identified. |
| 21-7525 |
Jerome Perkins v. Grady Perry, Warden |
Sixth Circuit |
2022-04-01 |
Denied |
Response WaivedIFP |
4th-amendment civil-rights criminal-procedure due-process post-conviction-relief search-and-seizure |
Question not identified. |
| 21-7526 |
Adam C. Morris v. Illinois |
Illinois |
2022-04-01 |
Denied |
IFP |
criminal-procedure due-process firearm-enhancement interrogatory-issue jury-instructions material-fact material-facts right-to-jury-trial sentencing-enhancement sentencing-procedure verdict-control |
1) DID THE COURT AVOID CONSIDER THE ARGUMENT THAT THE SEPARATE GROUND INTERROGATORY IS AN ISSUE OF MATERIAL FACT AND THAT THE JURY HAD NO KNOWLEDGE IN… |
| 21-7501 |
Helen Tyne Mayfield v. Texas |
Texas |
2022-03-31 |
Denied |
Response WaivedIFP |
criminal-procedure due-process equal-protection fourteenth-amendment habeas-corpus right-to-confrontation right-to-counsel sixth-amendment trial-in-abstentia |
1. WHEN PETITION FOR DISCRETIONARY REVIEW IS DISCRETIONARY BY THE
TEXAS COURT OF CRIMINAL APPEALS, DID THE COURT ABUSE ITS
DISCRETION IN NOT REVIEWI… |
| 21-7503 |
Lucas Victorino-Tista v. United States |
Fifth Circuit |
2022-03-31 |
Denied |
Response WaivedIFP |
case-review constitutional-law criminal-procedure fifth-circuit judicial-precedent legal-challenge recidivism sentencing statutory-interpretation supreme-court-precedent supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez- Torres v. United States, 523 U.S. 244 (1998)? |
| 21-7506 |
Curtis Carr v. Illinois |
Illinois |
2022-03-31 |
Denied |
IFP |
14th-amendment 5th-amendment constitutional-rights criminal-procedure due-process evidence-admissibility fair-trial fifth-amendment interrogation interrogation-techniques videotaped-evidence |
Does the admissibility of videotaped interrogations in which the interrogating officers inject their conclusions about the operator's guilt violate th… |
| 21-7509 |
Jean Carlo Ferreira v. United States |
Eleventh Circuit |
2022-03-31 |
Denied |
Response WaivedIFP |
circuit-split civil-rights constitutional-vagueness criminal-procedure criminal-statute davis-precedent due-process jury-instruction procedural-default sentencing standing vagueness |
Whether the Court should address the Circuit Split regarding whether, and under what circumstances, a movant's procedural default can be excused becau… |
| 21-7514 |
Sidney J. Clark, Jr. v. Kansas |
Kansas |
2022-03-31 |
Denied |
Response WaivedIFP |
constitutional-violation criminal-procedure due-process equal-protection evidence-withholding full-faith-and-credit habeas-corpus sentencing |
(1) THE SENTENCING OF S.J.C.JR., TO THE H.C.A. PURSUANT TO K.S.A. 21-4504 ,WITHOUT ANY
LEGAL PROOF OF THE ONE PRIOR JUDICIAL COURT PROCEEDING OF THE S… |
| 21-7516 |
Delroy T. Booth v. Georgia |
Georgia |
2022-03-31 |
Denied |
Response WaivedIFP |
appeals civil-rights constitutional-rights criminal-procedure due-process ineffective-assistance newly-discovered-evidence post-conviction-relief sentencing standing |
1. Did the Georgia Supreme court Have Jurisdiction to Review Petitioner's appeal From the Denial of the Georgia Superior Court Denying Petitioners Mot… |
| 21-7489 |
Raul Roy Vasquez v. Florida |
Florida |
2022-03-30 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure district-court-appeal double-jeopardy due-process jurisdiction jurisdictional-conflict privileges-immunities procedural-law state-court-conflict two-year-limitation |
1. Is the Refusal of the Supreme Court of the State of Florida, Decunskeo to Address the Certified Conflict Between Petitioner's Second District Court… |
| 21-7482 |
Gregory Jean-Louis v. United States |
Fifth Circuit |
2022-03-29 |
Denied |
Response WaivedIFP |
appeal-waiver appellate-procedure circuit-split criminal-appeal criminal-defendant criminal-procedure defendant-rights due-process judicial-review sentencing waiver-exception |
Should the United States Supreme Court grant certiorari in order the finally resolve the substantial circuit split regarding the "miscarriage—of—justi… |
| 21-7483 |
Ruben Aguilera v. United States |
Fifth Circuit |
2022-03-29 |
Denied |
Response WaivedIFP |
armed-career-criminal-act criminal-procedure criminal-statute-interpretation divisibility fifth-circuit-interpretation generic-burglary sentencing-enhancement texas-burglary-statute |
1. Can the Texas burglary statute — which the Fifth Circuit has held to be indivisible and descriptive of generic burglary — properly be the basis for… |
| 21-7487 |
Dion Fisher v. United States |
Eleventh Circuit |
2022-03-29 |
Denied |
Response WaivedIFP |
4th-amendment criminal-procedure discovery district-court-order evidentiary-ruling harmless-error motion-to-suppress suppression-hearing trial-witness-list witness-disclosure witness-testimony |
Whether petitioner is entitled to a new trial based on the district court's order denying his motion to suppress.
Whether petitioner is entitled to a… |
| 21-7492 |
In Re Jonathan Manwell |
|
2022-03-29 |
Denied |
IFP |
appellate-review confrontation constitutional-rights counsel-of-choice criminal-procedure discovery due-process effective-assistance-of-counsel forensic-evidence impartial-tribunal |
DOES PETITIONER HAVE A CONSTITUTIONAL RIGHT TO LOCATED AND CONFISCATED EXCULPATORY FORENSIC EVIDENCE, TRANSCRIPTS AND DOCUMENTS NECESSARY FOR A MEANIN… |
| 21-7476 |
Samuel Lee Dantzler v. Randee Rewerts, Warden |
Sixth Circuit |
2022-03-28 |
Denied |
Response WaivedIFP |
criminal-procedure due-process expert-witness habeas-corpus ineffective-assistance ineffective-assistance-of-counsel scientific-evidence sixth-amendment |
1. Whether it is clearly established federal law that a criminal defendant is entitled to a scientific expert that is essential to confront scientific… |
| 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 Petitioner is being deprived of his civil right to "equal" due process of law in violation of "the Constitution and laws of the United States.… |
| 21-7456 |
Robert Earl Rowles v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2022-03-25 |
Denied |
IFP |
criminal-procedure effective-assistance-of-counsel evidentiary-hearing florida-law ineffective-assistance outcome-of-proceeding post-conviction reasonable-probability right-to-counsel sixth-amendment strategic-decision |
Whether a Petitioner who is serving a life sentence without the possibility of parole is denied his constitutional rights to counsel where counsel's r… |
| 21-7470 |
Reggie Orlando Williams v. Texas |
Texas |
2022-03-25 |
Denied |
IFP |
constitutional-law constitutional-rights criminal-procedure double-jeopardy due-process fifth-amendment judicial-charging legal-procedure margin-of-error state-court state-prosecution |
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V> W»\)£- Cen\i\<ot«A uaQ$J\
O^s AV\e. scvw-e- re_s… |
| 21-7472 |
Earnest Eugene Walker, Jr. v. Kansas |
Tenth Circuit |
2022-03-25 |
Denied |
Response WaivedIFP |
4th-amendment constitutional-rights criminal-procedure due-process habeas-corpus illegal-sentence ineffective-assistance post-conviction-relief sentencing |
Correction of Serterce And As the same the Habear Corpur
to be corstrned as the same to Correct an Illegal senterce
After senterced hos beer served; w… |
| 21-7473 |
Antwoyn Terrell Spencer v. United States |
Eighth Circuit |
2022-03-25 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
criminal-procedure drug-conspiracy due-process first-step-act habeas-corpus jury-trial sentencing-guidelines sixth-amendment |
Whether Petitioner is being deprived of his Civil Right to Due Process against law without due process of law in Violation of the Constitution and Law… |
| 21-7445 |
Juniel B. Rios v. United States |
Eleventh Circuit |
2022-03-24 |
Denied |
Response WaivedIFP |
apprendi-rule apprendi-v-new-jersey constitutional-law criminal-procedure due-process federal-rules-of-criminal-procedure procedural-due-process sentencing sentencing-guidelines substantive-reasonableness upward-variance |
1. Whether Constitutional Due Process requires that Irizarry v. United States, 553 U.S. 708 (2008) that limited the Notice requirement in Fed.R.Crim.P… |
| 21-7446 |
Kristopher Kyle Russell v. Texas |
Texas |
2022-03-24 |
Denied |
IFP |
criminal-procedure dna-testing due-process equal-protection judicial-discretion post-conviction-relief standing statutory-interpretation |
1. The plain reading of the statute indicates that counsel must be appointed to learn if biological evidence exists, yet Texas courts have specificall… |
| 21-7460 |
Eric Dean Smith v. United States |
Fourth Circuit |
2022-03-24 |
Denied |
Response WaivedIFP |
18-usc-3582 abuse-of-discretion compassionate-release criminal-procedure due-process sentencing |
1. Did thE CouRts AbUsE it's DiscletiOw AftR Derying Me. SMith COMPASSIONATE RELEASEUNDER IBL. 13 AFER COUR CoNCudEd DEENdANt sAtisfiEd thE ExteoRdiNA… |
| 21-7440 |
Norman Alan Kerr v. Christopher Gomez, Warden |
Sixth Circuit |
2022-03-23 |
Denied |
Response WaivedRelisted (2)IFP |
civil-rights constitutional-rights criminal-procedure document-suppression due-process evidence-rules government-misconduct judicial-discretion plea-bargaining sentencing trial-procedure |
Question not identified. |
| 21-7441 |
Edgardo Maldonado-Arce v. Deanne Criswell, Administrator, Federal Emergency Management Agency |
First Circuit |
2022-03-23 |
Denied |
Response WaivedIFP |
appeals civil-procedure criminal-procedure due-process judicial-review jurisdiction legal-interpretation sentencing-guidelines standing state-law statute-of-limitations |
Question not identified. |
| 21-7443 |
Roberto Arenas-Tellez v. United States |
Fifth Circuit |
2022-03-23 |
Denied |
Response WaivedIFP |
appellate-review circuit-split criminal-procedure district-court guideline-range holguin-hernandez-v-united-states judicial-discretion sentencing-guidelines substantial-arguments |
Whether, after Holguin-Hernandez v. United States, _U.S.__, 140 S.Ct. 762
(2020), a party may obtain appellate relief when the district court fails to… |
| 21-7444 |
Fnu John Sadiqullah v. United States |
Sixth Circuit |
2022-03-23 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-law criminal-procedure entrapment entrapment-defense government-agent-conduct inducement jury-instructions predisposition |
When a defendant requests a jury instruction on the affirmative defense of entrapment, what must be proven by the defendant to be entitled to such ins… |
| 21-7448 |
Edgar Garza-Limones v. United States |
Fifth Circuit |
2022-03-23 |
Denied |
Response WaivedIFP |
criminal-procedure indictment jury-trial prior-conviction sentencing statutory-maximum |
I. Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and ei… |
| 21-7428 |
Chad Eugene Caldwell v. United States |
Tenth Circuit |
2022-03-22 |
Denied |
Response WaivedIFP |
actual-innocence career-offender circuit-split criminal-procedure mandatory-guidelines section-2255 sentencing sentencing-enhancement |
Petitioner Chad Caldwell was sentenced to 272 months in prison based on the district court's conclusion that he was a career offender under USSG §4B1.… |
| 21-7430 |
Roberto Padilla Espinoza v. United States |
Fifth Circuit |
2022-03-22 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure criminal-sentencing due-process equal-protection fifth-circuit-review judicial-discretion prior-convictions sentencing-enhancement sentencing-guidelines |
Question not identified. |
| 21-7438 |
Tramone Horne v. United States |
Sixth Circuit |
2022-03-22 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure due-process federal-sentencing federal-sentencing-guidelines judicial-discretion judicial-review preponderance-of-evidence sentencing-guidelines statutory-interpretation |
Should the Court require proof by more than a preponderance of the evidence of facts that significantly increase the defendant's sentence range under … |
| 21-1275 |
Abetubokun Adesioye v. United States |
Fourth Circuit |
2022-03-22 |
Denied |
Response Waived |
appeal appeal-waiver court-of-appeals criminal-appeal criminal-procedure due-process plea-bargaining right-to-appeal rule-11-colloquy sentencing sentencing-guidelines waiver |
Did the Court of Appeals err in finding that the petitioner knowingly and intelligently waived his right of appeal without having considered the exist… |
| 21-1273 |
Frank D. Lazzerini v. Ohio |
Ohio |
2022-03-21 |
Denied |
Response Waived |
constitutional-rights criminal-defendant criminal-procedure due-process harmless-error right-to-be-present structural-error trial-proceedings voir-dire |
Over objection that it violated his constitutional right to be present at all critical stages of his trial on two hundred seventy-two felony charges, … |
| 21-7419 |
Gilberto Mulgado v. Florida |
Florida |
2022-03-21 |
Denied |
Response WaivedIFP |
child-hearsay child-testimony constitutional-rights criminal-procedure cumulative-evidence custodial-offense due-process fair-trial hearsay sexual-battery |
Whether a criminal defendant's constitutional due process right to a fair trial is violated by the admission at trial of needlessly cumulative child h… |
| 21-7423 |
Delbert Keyes v. Mississippi |
Mississippi |
2022-03-21 |
Denied |
Response WaivedIFP |
criminal-procedure cruel-and-unusual-punishment due-process eighth-amendment habeas-corpus sentencing |
Question not identified. |
| 21-7413 |
Brian Folks v. United States |
Second Circuit |
2022-03-18 |
Denied |
Response WaivedIFP |
circuit-split criminal-procedure evidence issue-preservation prosecutorial-misconduct witness-credibility |
Whether this Court should grant certiorari to recognize error and provide clarity about the prejudice that stems from a prosecutor's repeated requests… |
| 21-7414 |
Gregory M. Hawes v. Michael Pacheco, Warden, et al. |
Tenth Circuit |
2022-03-18 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure due-process mandatory-minimum sentencing statutory-maximum |
I. Whether this Court's decision in Patterson v. New York (1977), which permitted placing the burden on a criminal defendant to establish mitigating f… |
| 21-7400 |
Derrick U. Stricklin v. Nebraska |
Nebraska |
2022-03-17 |
Denied |
IFP |
alibi-evidence capital-case capital-punishment criminal-procedure fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel sixth-amendment trial-tactics |
I. WHETHER THE FAILURE OF DEFENSE COUNSEL TO FILE A
NOTICE OF ALIBI AND PRESENT AMPLE ALIBI EVIDENCE WHEN
INSTRUCTED TO DO SO BY THE DEFENDANT IN A … |
| 21-7401 |
Harold Edwards v. Nevada, et al. |
Ninth Circuit |
2022-03-17 |
Denied |
Response WaivedIFP |
criminal-procedure due-process effective-assistance-of-counsel eighth-amendment fourteenth-amendment habitual-sentence liberty-interest sixth-amendment state-court state-procedure |
1. Did The State/ District Court Judge's Failure To Abide By Nevada's State Procedural Law Violate My Constitutionally Protected Liberty Interest Unde… |
| 21-7402 |
Brandon Leon Bibbs v. Don Barnes, Sheriff, Orange County, California |
Ninth Circuit |
2022-03-17 |
Denied |
IFP |
4th-amendment 5th-amendment 6th-amendment civil-rights constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel investigative-procedure |
Question not identified. |
| 21-7403 |
James Calvin Breeden v. United States |
Fourth Circuit |
2022-03-17 |
Denied |
Response WaivedIFP |
criminal-law criminal-procedure felon-in-possession firearm-possession jury-instructions mens-rea rehaif-standard rehaif-v-united-states rule-29 rule-29-motion |
Whether the district court erred under Rehaif v. United States by denying requested jury instructions and a Rule 29 motion for acquittal on the felon-… |
| 21-7404 |
Jose Antonio Barahona-Paz v. United States |
Fifth Circuit |
2022-03-17 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 21-7381 |
Jessie D. Hoffman, Jr. v. Louisiana |
Louisiana |
2022-03-16 |
Denied |
Amici (1)IFP |
capital-case criminal-procedure death-penalty due-process juror-misconduct jury-selection no-impeachment-rule peña-rodriguez racial-bias |
Did the Louisiana Supreme Court err in failing to consider clear evidence of juror racial bias under Peña-Rodriguez in the extraordinary circumstances… |
| 21-7385 |
Juan M. Alcaraz v. Brian Williams, Warden, et al. |
Ninth Circuit |
2022-03-16 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process ineffective-assistance-of-counsel prosecutorial-misconduct sixth-amendment |
1. Did the Ninth Circuit err when Mr. Alcaraz made a substantial showing of the denial of a constitutional right as to trial counsel repeatedly tellin… |
| 21-7390 |
Choya Dwayne Hailey v. United States |
Fifth Circuit |
2022-03-16 |
Denied |
Response WaivedIFP |
5k1.1 5K1.1-motion breach-of-contract criminal-procedure downward-departure government-breach government-discretion plea-agreement sentencing-guidelines |
Whether the government breached the supplemental plea agreement when it declined to move for a downward departure under U.S. Sentencing Guidelines Man… |
| 21-7391 |
Isaiah Ramon Henderson v. United States |
Eighth Circuit |
2022-03-16 |
Denied |
Amici (1)Response WaivedIFP |
circuit-split controlled-substances controlled-substances-act criminal-procedure federal-law federal-sentencing-guidelines sentencing-disparity sentencing-guidelines statutory-interpretation |
Whether "controlled substance[s]" in the Federal Sentencing Guidelines § 4B1.2(b) are limited to those substances defined and regulated under the fede… |
| 21-7395 |
Konstantinos Zografidis v. United States |
Second Circuit |
2022-03-16 |
Denied |
Response WaivedRelisted (2)IFP |
28-usc-2255 appellate-review criminal-procedure district-court due-process federal-statute habeas-corpus second-circuit writ-of-habeas-corpus |
Did the Second Circuit Court of Appeals en banc err in failing to reverse the District Court's ruling denying my Petition for a Writ of Habeas Corpus … |
| 21-7369 |
Dannie Simon Parker, Jr. v. United States |
Fourth Circuit |
2022-03-15 |
Denied |
Response WaivedIFP |
administrative-law administrative-proceedings agency-action bank-robbery criminal-procedure due-process judicial-review jury-instructions precedent statutory-interpretation substantial-rights |
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IT? L.ES ZS 20s(zooo^AWi ejcAWy'
U.t>.d. hZWhi^s \l£Jjy\2uZ 'r^JDC{… |
| 21-7375 |
Rodolfo Rodriguez, Jr. v. United States |
Tenth Circuit |
2022-03-15 |
Denied |
Response WaivedIFP |
4th-amendment appellate-review consensual-encounter consent criminal-procedure investigative-detention investigative-stop law-enforcement-interaction search-and-seizure standard-of-review voluntary-consent |
1. What is the appropriate standard to be applied in determining whether an
encounter with police was consensual or an investigative stop?
2. Whether… |
| 21-7353 |
Alejandro Chavarria v. United States |
Fifth Circuit |
2022-03-14 |
Denied |
Response WaivedIFP |
appellate-waiver criminal-procedure federal-rules-of-criminal-procedure government-estoppel judicial-error plea-agreement rule-32 sentencing |
1. Whether a trial judge's erroneous FED. R. CRIM. P. 32(j)(1)(B) advice regarding the defendant's right to appeal his sentence, and the Government's … |
| 21-7354 |
Joseph Patrick Keel v. Florida |
Florida |
2022-03-14 |
Denied |
Response WaivedIFP |
alleyne-precedent apprendi-rule criminal-procedure criminal-sentencing due-process identity judicial-interpretation prior-convictions prior-record-exception sentencing sixth-amendment |
1. Whether courts, including those in Florida, have been incorrectly applying
a "prior record" exception to the rule from Apprendi v. New Jersey 530 U… |
| 21-7355 |
Jon Charles Vance v. United States |
Sixth Circuit |
2022-03-14 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure due-process fifth-amendment jury reasonable-doubt |
Whether the Petitioner Jon Charles Vance was denied his fundamental right under the Fifth Amendment to Due Process when the Jury failed to find him Gu… |
| 21-7356 |
Stacey Tremaine Johnson v. United States |
Fourth Circuit |
2022-03-14 |
Denied |
Response WaivedIFP |
criminal-procedure drug-trafficking due-process evidence firearm-possession guideline-calculation jury-instruction jury-instructions sentencing sentencing-reasonableness standard-of-proof uncharged-conduct |
1. Whether there was sufficient evidence for the jury to find the petitioner guilty of drug trafficking and firearm possession.
2. Whether the jury i… |
| 21-7357 |
Joel Castro-Lopez v. United States |
Fifth Circuit |
2022-03-14 |
Denied |
Response WaivedIFP |
appeals appellate-review criminal-procedure criminal-sentencing discretion district-court-discretion guidelines judicial-reasoning legal-standard sentencing sentencing-guidelines standard-of-review |
Whether a district court errs should reference or address substantial arguments for a sentence outside the Guideline range? |
| 21-7360 |
Marc N. Greenberg v. United States |
Sixth Circuit |
2022-03-14 |
Denied |
Response WaivedIFP |
appellate-procedure constitutional-rights criminal-procedure criminal-proceeding due-process federal-rules-of-appellate-procedure fundamental-fairness notice-of-appeal supervised-release |
I. Whether the technical requirements of Federal Rule of Appellate Procedure 3(c)(l)(B), addressing the contents of a Notice of Appeal, trump an indiv… |
| 21-7346 |
Avian Brule v. United States |
Fifth Circuit |
2022-03-11 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure due-process harmless-error judicial-discretion revocation-standard sentencing supervised-release |
(1) What is the appellate standard of review applicable to sentences imposed following revocation of supervised release?
(2) Is a district court's er… |
| 21-7351 |
Miguel Angel Cruz-Polanco, aka Luis Hernandez v. United States |
Fourth Circuit |
2022-03-11 |
Denied |
Response WaivedIFP |
acceptance-of-responsibility criminal-procedure federal-sentencing plain-error plea-bargaining sentencing-guidelines |
I- wheter the Federal
SeNten cing Guidelines
Manvel Reguire a Plea oF
Guilty and
PoiNt ReductioN
three
guarantee
a
?
For accePtaNCe OF ResPoN sability… |
| 21-7352 |
Pedro Intzin-Guzman v. United States |
Fifth Circuit |
2022-03-11 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 21-7332 |
Marlon Sisnero-Gil v. United States |
Second Circuit |
2022-03-10 |
Denied |
Response WaivedIFP |
appellate-review circuit-conflict circuit-split criminal-procedure due-process judicial-discretion sentencing sentencing-guidelines sentencing-reasonableness substantive-reasonableness substantive-unreasonableness supervisory-power |
Whether the Petition should be granted because the Court of Appeals' decision holding that Petitioner's sentence was not substantively unreasonable co… |
| 21-7334 |
Gregory Todd Numann v. United States |
Ninth Circuit |
2022-03-10 |
Denied |
Response WaivedIFP |
28-usc-2255 certificate-of-appealability child-pornography criminal-procedure evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel password-protected-device plea-bargaining |
Whether the Court of Appeals for the Ninth Circuit erred in denying Mr. Numann's motion for certificate of appealability of the denial of his 28 USC 2… |
| 21-7322 |
James Earl Harper v. United States |
Fourth Circuit |
2022-03-09 |
Denied |
Response WaivedIFP |
breach-of-agreement breach-of-contract criminal-procedure due-process government-contract government-motion incarceration plea-agreement sentencing |
1. Whether the Government should have been bound by the provisions of the Plea Agreement as the Petitioner did not breach the provisions contained the… |
| 21-7325 |
Michael T. Braxton v. Tonya James, Warden |
Fourth Circuit |
2022-03-09 |
Denied |
IFP |
appeals appellate-jurisdiction civil-rights constitutional-rights criminal-procedure due-process judicial-review parole statutory-interpretation statutory-provisions |
1). dtinat AFT and in CoN to a lafl state Court of Appets ORDER?
2. Can an state agency parsue ony other Laciful Apptlte Proces, on "UNFAVORABE " oR … |
| 21-7327 |
Tina Carol Ortega v. United States |
Fifth Circuit |
2022-03-09 |
Denied |
Response WaivedIFP |
criminal-procedure delegation-of-authority district-court due-process judicial-discretion plain-error probation probation-officer sentencing separation-of-powers |
1. Did the district court plainly err when it delegated to a probation officer the authority to determine the duration of a residential treatment prog… |
| 21-7328 |
Glen S. v. Connecticut |
Connecticut |
2022-03-09 |
Denied |
Response WaivedIFP |
circuit-split constitutional-right criminal-defendant criminal-procedure due-process judicial-canvassing probation-violation right-to-testify testimony-rights trial-court-duty waiver waiver-of-rights |
Should an affirmative duty be imposed on trial courts to canvass criminal defendants and alleged probation violators about their constitutional right … |
| 21-7287 |
Ivan Cruz-Rivera v. United States |
First Circuit |
2022-03-08 |
Denied |
Response WaivedIFP |
4th-amendment criminal-procedure fourth-amendment informant informant-tip law-enforcement police-officer probable-cause reasonable-suspicion search-and-seizure |
Whether It Is Not Necessary To Evaluate The Basis Of Knowledge Underlying An Informant's Tip If The Informant Is A Police Officer. |
| 21-7299 |
Rasheed Ali Muhammad v. United States |
Fifth Circuit |
2022-03-08 |
Denied |
Response WaivedIFP |
appellate-review constitutional-rights criminal-procedure due-process equal-protection jurisdiction |
Question not identified. |
| 21-7305 |
Steven Bryant v. Shawn Emmons, Warden |
Georgia |
2022-03-08 |
Denied |
Response WaivedIFP |
criminal-procedure false-testimony habeas-corpus ineffective-assistance plea-deal prosecutorial-misconduct strickland-standard strickland-v-washington witness-testimony |
Where the state's only eyewitness and linchpin of its case, the co-defendant, struck a deal whereby she would plead to a lesser offense and testify ag… |
| 21-7306 |
Jonathan Mota v. United States |
Ninth Circuit |
2022-03-08 |
Denied |
Response WaivedIFP |
appellant-standard appellate-review circuit-conflict civil-rights criminal-procedure cumulative-error district-court due-process judicial-error legal-prejudice prejudice |
What degree of error and of prejudice must an appellant show
with respect to individuals errors of the district court before those
errors may be consi… |
| 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 |
OF THE CONFRONTATION CLAUSE? |
| 21-7317 |
Michael Cota v. John Malone, et al. |
Ninth Circuit |
2022-03-08 |
Denied |
IFP |
civil-rights criminal-procedure due-process immunity prosecutorial-misconduct standing |
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| 21-7321 |
Eric Labreece Mack v. Texas |
Texas |
2022-03-08 |
Denied |
IFP |
appeal criminal-procedure due-process evidence jury-instructions sentencing standard-of-review |
1. IQW^&tsf Tne Cco^r appeals e,rreji \a
ttYA'b yaoV eoViWe^ -h> die&JA^o^- ^virvj
CVc^r^e. «
9' ^UjW^WiT "^V-e c_ooxV o£ Popped tb €jTrei
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… |
| 21-7289 |
Katrina Brown v. United States |
Eleventh Circuit |
2022-03-07 |
Denied |
Response WaivedIFP |
closing-argument criminal-procedure fair-trial judicial-error motion-for-severance prejudice right-to-counsel severance standby-counsel |
I.
WHETHER THE DISTRICT COURT COMMITTED ERROR BY
ORDERING THE DEFENDANT TO GO FORWARD WITH CLOSING
ARGUMENT WITHOUT STANDBY COUNSEL LANDES BEING
PRESE… |
| 21-7291 |
Bonifacio Eduardo Trujillo-Gutierrez v. United States |
Fifth Circuit |
2022-03-07 |
Denied |
Response WaivedIFP |
almendarez-torres certiorari constitutional-law criminal-law criminal-procedure due-process fifth-circuit judicial-precedent recidivism sentencing supreme-court supreme-court-review |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-7292 |
James E. Walker v. Illinois |
Illinois |
2022-03-07 |
Denied |
IFP |
civil-rights criminal-procedure discretionary-review due-process habeas-corpus ineffective-assistance-of-counsel intellectual-disability post-conviction post-conviction-relief prosecutorial-misconduct sentencing |
Was it prosecutorial misconduct ct during the state's opening vacnta hnee hodn his trial. Page 15,16
Is i inel e ng afilue tga e te was impasing acco… |
| 21-7293 |
Jose Rodriguez-Vasquez v. United States |
Fifth Circuit |
2022-03-07 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure due-process indictment jury-trial prior-conviction prior-convictions sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 21-7295 |
Miguel Lerma-Reyes v. United States |
Fifth Circuit |
2022-03-07 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 21-7297 |
Jaime B. Garcia v. Warren L. Montgomery, Warden |
Ninth Circuit |
2022-03-07 |
Denied |
Response WaivedIFP |
certificate-of-appealability criminal-procedure due-process first-degree-murder habeas-corpus jury-instructions legal-theory prosecutorial-concession reasonable-jurists standard-of-review |
Because the appellate court must issue a certificate of appealability ("COA") when the issue is debatable among jurists of reason, should the Ninth Ci… |
| 21-7270 |
Karo Brown v. United States |
Second Circuit |
2022-03-04 |
Denied |
IFP |
circuit-split criminal-justice-reform criminal-procedure first-step-act legal-developments retroactivity sentencing sentencing-reduction statutory-interpretation |
Whether, when deciding if it should "impose a reduced sentence" on an individual under Section 404(b) of the First Step Act of 2018, a district court … |
| 21-7276 |
Julio Rodriguez v. United States |
Eleventh Circuit |
2022-03-04 |
Denied |
Response WaivedIFP |
certificate-of-appealability circuit-precedent civil-rights criminal-conviction criminal-procedure due-process federal-courts habeas-corpus harmless-error residual-clause standing unconstitutional-vagueness |
1. Whether a certificate of appealability can be issued despite controlling
circuit authority to the contrary.
2. Whether a general verdict that was … |
| 21-7277 |
Sadeen Jones v. Pennsylvania |
Pennsylvania |
2022-03-04 |
Denied |
IFP |
carpenter-v-united-states cell-site-location-information criminal-procedure fourth-amendment inevitable-discovery initial-illegal-search probable-cause search-and-seizure search-warrant warrant-requirement |
A. Is this matter so identical to Carpenter v. United States, 138 S. Ct. 2206 (2018) that like that case, this Petition for WRIT OF CERTIORARI should … |
| 21-7278 |
Calvin James v. John T. Wilcher, Sheriff, Chatham County, Georgia |
Georgia |
2022-03-04 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights court-procedure criminal-procedure defendant-rights double-jeopardy due-process federalism jurisdiction service-of-process summons |
PAINTIFF ENTERED DEFAULT TUDOEMENT AND COURL ENRRED DRORR DS IMPLIEO
ON SUMMONS. COURT STILL AUIEI EN DEFENDANTS FAVDR, HOW?
PROSECUTINGIFOR HE SAME … |
| 21-7280 |
Sammie Carroll v. Maryland |
Maryland |
2022-03-04 |
Denied |
Response WaivedIFP |
appellate-review court-of-special-appeals criminal-conviction criminal-procedure due-process evidence evidence-sufficiency jail-call-evidence standard-of-review sufficiency-of-evidence |
1) Did the Gourt of Special Appeals of Maryland err,in ruling that the evidence
adduced at trial was sufficient to sustain a conviction?
2) Did the … |
| 21-7265 |
Victor L. Manns, Jr. v. Florida |
Florida |
2022-03-03 |
Denied |
Response WaivedRelisted (2)IFP |
constitutional-rights criminal-procedure due-process fifth-amendment implied-waiver miranda-rights self-incrimination testimony |
When a Detective Under Oath admits multipe times she did not properly Mirandarize defendant, and a Defendant testifies Miranda warnings were never giv… |
| 21-7266 |
Fredy Zamora-Reyes v. United States |
Fifth Circuit |
2022-03-03 |
Denied |
Response WaivedIFP |
almendarez-torres apprendi constitutional-interpretation criminal-procedure notice-clause prior-conviction sentencing-enhancement sixth-amendment |
I. Can a court, consistent with the Sixth Amendment's Notice
Clause, impose a statutorily enhanced sentence based on the
fact of a prior conviction ne… |
| 21-7271 |
Matthew Moore v. Thomas Mackie, Warden |
Sixth Circuit |
2022-03-03 |
Denied |
Response WaivedIFP |
certificate-of-appealability criminal-procedure criminal-sexual-conduct due-process fourteenth-amendment habeas-corpus ineffective-assistance sixth-amendment |
WAS DEFENDANT-PETITIONER DENIED EFFECTIVE ASSISTANCE OF COUNSEL AND UNCONSTITUTIONALLY COERCED INTO TAKING A PATERNITY BLOOD TEST IN JUVENILE COURT TH… |
| 21-7244 |
Walter L. Merritte v. Illinois |
Illinois |
2022-03-03 |
Denied |
IFP |
appeal constitutional-law criminal-information criminal-procedure due-process legal-procedure standing state-court trial-court |
Whether petitioner's due process rights were violated when the state trial court granted Respondent leave to file the criminal information? |
| 21-7230 |
Gemar Morgan v. United States |
Sixth Circuit |
2022-03-02 |
Denied |
Response WaivedIFP |
4th-amendment civil-rights court-of-appeals criminal-procedure due-process judicial-review legal-standard probation sentencing sentencing-guidelines statutory-interpretation supervised-release |
Question not identified. |
| 21-7231 |
Caleb L. McGillvary v. New Jersey |
New Jersey |
2022-03-02 |
Denied |
Response WaivedIFP |
criminal-procedure due-process faretta-inquiry Faretta-motion right-to-counsel self-representation waiver |
1.) If Defendant's motion to self-represent is denied without a Faretta inquiry, does his cooperation thereafter with defense counsel constitute a wai… |
| 21-1201 |
Michael D. Smith v. United States |
Sixth Circuit |
2022-03-02 |
Denied |
Response Waived |
civil-rights criminal-procedure due-process grand-jury judicial-misconduct jurisdiction prosecutorial-misconduct |
Will the Eastern District of Kentucky be allowed to ignore our federal laws, Constitution and Bill of Rights and have a 5 week, mock trial on innocent… |
| 21-1202 |
Michael D. Smith v. Frances Catron Cadle, et al. |
Sixth Circuit |
2022-03-02 |
Denied |
Response Waived |
abuse-of-power civil-rights constitutional-rights cover-up criminal-procedure due-process federal-jurisdiction government-liability judicial-misconduct prosecutorial-misconduct |
Will the government officials of the Eastern District of Kentucky and state officials be allowed to violate our federal laws, Constitution and Bill of… |
| 21-7245 |
Julia Ann Poff v. United States |
Fifth Circuit |
2022-03-02 |
Denied |
Response WaivedRelisted (2)IFP |
civil-rights compassionate-release criminal-procedure due-process federal-sentencing habeas-corpus pro-se pro-se-filing sentence-reduction sentencing |
Question not identified. |
| 21-7251 |
Major Hudson, III v. Oklahoma |
Oklahoma |
2022-03-02 |
Denied |
IFP |
civil-rights criminal-procedure due-process federal-jurisdiction federal-sovereignty indian-law land-title native-american-rights standing subject-matter-jurisdiction tribal-jurisdiction tribal-sovereignty |
1. Whether Oklahoma Court 's can continue to unlawfully exercise under state law,
criminal jurisdiction over the lands formerly known as the Unassign… |
| 21-7253 |
Luis D. Sambolin-Robles v. Corrections Administration |
First Circuit |
2022-03-02 |
Denied |
IFP |
2nd-amendment civil-rights constitutional-rights criminal-procedure due-process evidence evidence-standard judicial-review legal-procedure standing trial-fairness |
Question not identified. |
| 21-7254 |
Stephen C. Hanf v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2022-03-02 |
Denied |
IFP |
civil-rights COVID-19-pandemic criminal-procedure due-process equitable-tolling extraordinary-circumstances habeas-corpus molestation-charges standing trial-procedure |
Whether the COVID-19 pandemic qualifies as an extraordinary circumstance for equitable tolling in the instant cases consistent with Carter v United St… |
| 21-7255 |
James Robert Hope v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2022-03-02 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process exculpatory-evidence jurisdiction jury-instructions mistrial prejudice prosecutorial-misconduct standing |
1)ASTHE T CIR. ERZ IN EFERING TO THE LOWER COUGTS DECISION THAT M2. HOPE TRIAL WAS HELA INTNE PRPPER COUNETY WNEN PROCF WAS PROVIE THAT HIS CBIME DCCU… |
| 21-7256 |
Clemente Rosales-Sanchez v. United States |
Fifth Circuit |
2022-03-02 |
Denied |
Response WaivedIFP |
almendarez-torres Apprendi-v-New-Jersey case-review criminal-procedure due-process fifth-circuit judicial-precedent jury-trial recidivism sentencing supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-7258 |
Fernando Contreras-Rojas v. United States |
Fifth Circuit |
2022-03-02 |
Denied |
Response WaivedIFP |
Almendarez-Torres certiorari constitutional-provisions criminal-procedure due-process fifth-circuit judicial-precedent jury-trial sentencing Supreme-Court supreme-court-review |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-7260 |
George K. Mackie v. Massachusetts |
Massachusetts |
2022-03-02 |
Denied |
Response WaivedIFP |
closing-argument criminal-procedure impeachment ineffective-assistance ineffective-assistance-of-counsel jury-instructions miscarriage-of-justice prosecutorial-misconduct reasonable-doubt |
A. DID THE APPEALS COURT ERR IN HOLDING THAT THE ERROR-LADEN
CLOSING ARGUMENT BY THE PROSECUTER, TAKEN IN ITS TOTALITY,
CREATE A SUBSTANTIAL RISK OF A… |
| 21-7235 |
Wesley S. Ricks v. Tim Hooper, Warden |
Fifth Circuit |
2022-03-01 |
Denied |
Response WaivedIFP |
capital-offense capital-offenses criminal-procedure due-process joinder-of-offenses non-capital-offenses procedural-safeguards state-constitution trial-rights |
1. Whether Capital and NonCapital Offenses may be Joinder of Offenses for Trial?
2. Whether The Constitution of the State of Louisiana of 1974, Artic… |
| 21-7238 |
Holli Wrice v. United States |
Seventh Circuit |
2022-03-01 |
Denied |
Response WaivedIFP |
18-usc-3582 3553(a)-factors compassionate-release congressional-intent criminal-justice-reform criminal-procedure extraordinary-and-compelling extraordinary-circumstances retroactive-sentencing sentencing-reduction sentencing-reform statutory-interpretation |
18 U.S.C. § 3582(c)(1)(A)(i) allows district courts to reduce a defendant's sentence, based on a finding of extraordinary and compelling reasons, afte… |
| 21-7239 |
Michael Arrington v. United States |
Third Circuit |
2022-03-01 |
Denied |
Response WaivedIFP |
criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel post-conviction-relief sixth-amendment |
Whether trial Counsel must inform the defendent of the nature of his right to testify und that the utimate decision belongs to him?
What standard nus… |
| 21-7219 |
Lorenzo Suttles v. United States |
Sixth Circuit |
2022-02-28 |
Denied |
Response WaivedIFP |
18-usc-3582 compassionate-release criminal-justice-reform criminal-procedure federal-courts first-step-act miscarriage-of-justice sentencing-reduction sentencing-reform statutory-interpretation |
I. Whether a pre-FSA (First Step Act) defendant's circumstances, changed
by Congress's clarification of §924(c), and the resultant disparity
thereof… |
| 21-7220 |
Jesse Kyle Skyberg v. United States |
Fifth Circuit |
2022-02-28 |
Denied |
Response WaivedIFP |
civil-rights constitutional-law criminal-procedure due-process federal-jurisdiction habeas-corpus jurisdiction precedent-interpretation standing |
I. For more thn 180 pours this court hs held that the priv Juisicition o 4h0 cquistie ro discretionary; it is a mundatory limitation on a courts juris… |
| 21-7221 |
Alfred Lavoris Moody v. United States |
Fourth Circuit |
2022-02-28 |
Denied |
Response WaivedIFP |
criminal-justice criminal-procedure due-process judicial-discretion juvenile-justice mitigating-factors mitigation-factors proportionality rehabilitation sentencing sentencing-guidelines sentencing-review |
Whether the 78-month sentence imposed on Mr. Moody was " greater than necessary " considering his troubled childhood. |
| 21-7222 |
Hugo Valencia Mendoza v. United States |
Eleventh Circuit |
2022-02-28 |
Denied |
Response WaivedIFP |
constitutional-law criminal-law criminal-procedure due-process fifth-amendment sentencing-guidelines statutory-interpretation united-states-sentencing-guidelines vagueness-doctrine |
1. Is the term "involved" under Section 2D1.1(b)(5) of the United States Sentencing Guidelines Unconstitutional under the Vagueness Doctrine through t… |
| 21-7223 |
Angel DeLara v. California |
California |
2022-02-28 |
Denied |
IFP |
criminal-procedure double-jeopardy due-process fourteenth-amendment judicial-discretion jury-determination jury-trial penal-code sentencing sentencing-enhancement sixth-amendment |
Whether California's Determinate Sentencing Law, by permitting sentencing Judges to impose enhanced sentences based on their determination of facts no… |
| 21-7225 |
Milton Lattimore v. Illinois |
Illinois |
2022-02-28 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fair-trial guilty-plea judicial-discretion mental-competency special-conditions trial-fitness |
Whether a person who is fit to stand trial only with special conditions is denied due process when the trial court accepts a guilty plea entered witho… |
| 21-7229 |
Steven A. Taliani v. Illinois |
Illinois |
2022-02-28 |
Denied |
IFP |
criminal-procedure due-process evidence evidentiary-hearing involuntary-intoxication prescription-medication state-prisoner statutory-interpretation supreme-court-review |
1) Does the Illinois Supreme Court's opinion and analysis constitute an
unreasonable determination of the facts in light of the Illinois Supreme
Cour… |
| 21-1185 |
Rufino Valdez-Lopez v. United States |
Ninth Circuit |
2022-02-28 |
Denied |
|
circuit-split collateral-attack criminal-procedure due-process fifth-amendment judicial-vindictiveness sentencing sentencing-procedure sixth-amendment |
This case turns on whether the Pearce presumption of judicial vindictiveness applies—for the Government to then rebut with new evidence—when a second … |
| 21-1186 |
Michelle Manor, et vir v. Alejandro N. Mayorkas, Secretary of Homeland Security, et al. |
Ninth Circuit |
2022-02-28 |
Denied |
Response Waived |
civil-rights coercive-interrogation constitutional-law criminal-procedure due-process evidence immigration judicial-review marriage-fraud ninth-circuit unreliable-statements |
Whether the Ninth Circuit erred in finding that the Manors waived the issue that the trial court erred in relying upon unreliable statements made duri… |
| 21-7206 |
Chuck Duckworth v. Illinois |
Illinois |
2022-02-25 |
Denied |
Response WaivedIFP |
bankruptcy-code bankruptcy-discharge bankruptcy-injunction creditor-recovery creditors criminal-procedure fresh-start restitution restitution-award state-prosecution |
Section 524 of the United States Bankruptcy Code provides that a bankruptcy discharge "operates as an injunction against the commencement or continuat… |
| 21-7207 |
Robert Brewer v. New York |
New York |
2022-02-25 |
Denied |
Response WaivedIFP |
accomplice-liability constitutional-law criminal-law criminal-procedure due-process jury-unanimity precedent state-courts supreme-court-precedent |
This Court should grant certiorari to decide whether or how Schad v Arizona, 501 U.S. 624 (1991), continues to apply following the decisions in Ramos … |
| 21-7211 |
Theodore William Taylor v. The Kendall Law Group, P.L.L.C., et al. |
Fifth Circuit |
2022-02-25 |
Denied |
IFP |
5th-amendment 6th-amendment appellate-review civil-rights constitutional-rights criminal-procedure due-process judicial-interpretation legal-ethics misconduct statutory-interpretation |
Whether the Fifth Circuit violated the Petitioner's (Plaintiff's) Fifth and Sixth Amendment rights to Due Process of the Law by permitting such egregi… |
| 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 |
1. WHEN DOES THE DIRECT APPEAL OF A JURY TRIAL CONVICTION OF SIX (6) DIFFERENT CRIMINAL OFFENSES AND SENTENCE BECOME FINAL?
2. IF A STATE TRIAL COURT… |
| 21-7217 |
Thomas Allen Twobabies v. Oklahoma |
Oklahoma |
2022-02-25 |
Denied |
IFP |
criminal-procedure federal-jurisdiction major-crimes-act mcgirt-decision montgomery-v-louisiana native-american-law oklahoma-court-of-criminal-appeals retroactivity schriro-v-summerlin supreme-court-precedent tribal-jurisdiction |
1. WHETHER THIS COURT'S DECISION IN MCGIRT V. OKLAHOMA APPLIES TO THE CHEYENNE AND ARAPAHO TRIBES FOR MAJOR CRIMES ACT PURPOSES.
2. WHETHER THE OKLAH… |
| 21-7191 |
Rosa Leija-Peralta v. United States |
Fifth Circuit |
2022-02-24 |
Denied |
Response WaivedIFP |
criminal-procedure indictment jury-trial prior-conviction sentencing statutory-maximum |
Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 21-7194 |
Mainor Canales v. Tennessee |
Tennessee |
2022-02-24 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance investigation post-conviction-relief sixth-amendment trial-preparation witness-investigation |
1. INEFFECTIVE ASSISTANCE OF COUNSEL?
a. COUNSEL DID NOT PROVIDE CONSTITUTIONALLY EFFECTIVE ASSISTANCE WHEN HE FAILED TO CONDUCT REASONABLE INVESTIGAT… |
| 21-7196 |
Luis Alonso Ramirez v. United States |
Fifth Circuit |
2022-02-24 |
Denied |
Response WaivedIFP |
almendarez-torres certiorari criminal-law criminal-procedure due-process fifth-circuit judicial-precedent jury-trial recidivism sentencing Sixth-Amendment supreme-court-review |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-7198 |
Remel Ahart v. Massachusetts |
Massachusetts |
2022-02-24 |
Denied |
Response WaivedIFP |
and whether Massachusetts's appellate review prov appellate-review collateral-review criminal-procedure equal-protection ineffective-assistance ineffective-counsel postconviction-review procedural-default sixth-amendment |
1. When a court issues a procedural ruling not to extend the benefits of a
new rule collaterally to those who did not preserve their claim, does the S… |
| 21-7201 |
Michael Dewayne Jones v. Oklahoma |
Oklahoma |
2022-02-24 |
Denied |
IFP |
constitutional-law criminal-procedure federal-enclave fourteenth-amendment fourth-amendment state-jurisdiction |
1) Did the State of OKlahome violate
Petitionus Fourth and
Fourtenth Amenmnt ss when they Poscuted this Ptits
Crime Which happened on a fidud enclave … |
| 21-1170 |
Louis Ciminelli v. United States, et al. |
Second Circuit |
2022-02-24 |
Judgment Issued |
Amici (5)Relisted (2) |
circuit-split criminal-procedure economic-decision federal-statute fraud-statutes property-fraud right-to-control second-circuit wire-fraud |
Whether the Second Circuit's "right to control"
theory of fraud—which treats the deprivation of complete and accurate information bearing on a person'… |
| 21-1165 |
Janhoi Cole v. United States |
Seventh Circuit |
2022-02-23 |
Denied |
Response Waived |
civil-rights constitutional-rights criminal-procedure fourth-amendment investigation officer-conduct rodriguez-rule rodriguez-v-united-states traffic-stop unrelated-crimes |
Whether the extension of a traffic stop for an officer to ask detailed questions about the driver's travel plans violates the Fourth Amendment rule in… |
| 21-7183 |
Ruth Diaz-Burgos v. United States |
Eleventh Circuit |
2022-02-23 |
Denied |
Response WaivedIFP |
criminal-procedure district-court federal-rules-of-criminal-procedure fifth-amendment interrogation plea-bargaining plea-colloquy self-incrimination |
The district court, in conducting a change of plea hearing, failed to advise Petitioner of her right to be free from compelled self-incrimination befo… |
| 21-7188 |
Elishay Banks v. United States |
Ninth Circuit |
2022-02-23 |
Denied |
Response WaivedIFP |
appeal appellate-review counsel-performance criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel legal-error ninth-circuit standard-of-review |
Is it error by the Ninth Circuit Court of Appeals to fail to consider the petitioner's argument concerning the ineffective assistance of counsel obvio… |
| 21-7169 |
Latwon James v. United States |
Fourth Circuit |
2022-02-22 |
Denied |
Response WaivedRelisted (2)IFP |
appeal appeal-waiver criminal-procedure due-process fourth-circuit plea-agreement plea-bargaining sentencing sentencing-factors supervised-release waiver |
I. Whether the Fourth Circuit erroneously dismissed Mr. James's appeal based on a provision in Mr. James's plea agreement waiving his right to appeal … |
| 21-7170 |
Deborah Bowers and Steve S. Jabar, aka Steve Shariff, aka Satar Jabar, aka Kamal Jabar, aka Kamal Jamel v. United States |
Second Circuit |
2022-02-22 |
Denied |
Response WaivedIFP |
18-usc-1001 appeal appellate-review criminal-procedure false-statements fraud fraud-theory indictment materiality materiality-standard prosecutorial-discretion statutory-interpretation |
1. May a court of appeals reinstate a verdict on a theory of fraud that was not
pled in the indictment, not sought to be proven or argued at the trial… |
| 21-7173 |
Herman J. Snell, II v. Oklahoma |
Oklahoma |
2022-02-22 |
Denied |
IFP |
collateral-attack criminal-procedure due-process fundamental-miscarriage-of-justice fundamental-rights jurisdictional-challenge miscarriage-of-justice state-conviction subject-matter-jurisdiction |
1. WAS VISGTAT V. OKLAHOMA, 140 S.CT. [CITATION], A COLLATERAL PROCEEDING? DID THE UNITED STATES SUPREME COURT ENTER A NEW PROCEDURAL RULE OF LAW IN O… |
| 21-7174 |
Inocencio Gamboa-Rivera v. United States |
Fifth Circuit |
2022-02-22 |
Denied |
Response WaivedIFP |
case-precedent constitutional-law court-of-appeals criminal-procedure due-process fifth-circuit legal-review sentencing stare-decisis statutory-interpretation supreme-court writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-7154 |
John Walters v. Michael Martin, Warden |
Fourth Circuit |
2022-02-18 |
Denied |
Response WaivedIFP |
criminal-procedure ineffective-assistance ineffective-assistance-of-counsel missouri-v-frye plea-bargaining plea-offer prejudice-analysis right-to-counsel strickland-standard strickland-v-washington |
Mr. Walters lost an opportunity for a favorable plea because his counsel failed to tell him about it. As a result, Mr. Walters entered a guilty plea t… |
| 21-7157 |
Richard Lucas v. United States |
Second Circuit |
2022-02-18 |
Denied |
Response WaivedIFP |
circuit-split cocaine cocaine-definition controlled-substances criminal-arrest criminal-procedure plain-error probable-cause statutory-interpretation |
1. If a state statue's definition of "cocaine " differs from the federal definition of
"cocaine" based on the plain, unambigu ous language of the sta… |
| 21-7161 |
Deja Paschal v. Connecticut |
Connecticut |
2022-02-18 |
Denied |
Response WaivedIFP |
criminal-procedure due-process equivocal-request right-to-counsel self-representation sixth-amendment waiver |
Whether a defendant's request for self-representation, made in the context of expressing frustration with appointed counsel and requesting new counsel… |
| 21-7163 |
Nathaniel Ruth v. United States |
Seventh Circuit |
2022-02-18 |
Denied |
Response WaivedIFP |
career-offender circuit-split controlled-substances criminal-procedure federal-law sentencing-guidelines state-law statutory-interpretation |
I Does the phrase "controlled substance" in U.S.S.C. § 4B1.2(b) include substances that are excluded from the Controlled Substances Act?
II. When def… |
| 21-7143 |
Johnny Brett Gregory v. United States |
Eleventh Circuit |
2022-02-17 |
Dismissed |
Response WaivedRelisted (2)IFP |
28-usc-1651 constitutional-rights coram-nobis criminal-procedure judicial-review legal-challenge petition-rights post-conviction-relief supervised-release writ-of-certiorari |
Does a former federal prisoner serving a term of supervised release have a Constitutional right to avail themselves of a Writ of Coram nobis remedy un… |
| 21-7147 |
Sergio Alberto Arzate-Gameroz v. United States |
Fifth Circuit |
2022-02-17 |
Denied |
Response WaivedIFP |
case-precedent criminal-law criminal-procedure due-process fifth-circuit judicial-review overrule sentencing sixth-amendment supreme-court supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-7148 |
Mark Allen Banes v. United States |
Eighth Circuit |
2022-02-17 |
Denied |
Response WaivedIFP |
criminal-procedure due-process federal-law federalism improper-venue interstate-registration registration-compliance sex-offender-registration venue venue-jurisdiction |
Whether the state of origin where a sex offender is properly registered is an improper venue for hearing a violation of the sex offender's registratio… |
| 21-7149 |
Pedro Romero-Sandoval v. United States |
Fifth Circuit |
2022-02-17 |
Denied |
Response WaivedIFP |
Almendarez-Torres case-law constitutional-provisions criminal-procedure due-process fifth-circuit jury-trial legal-precedent sentencing Supreme-Court supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-7150 |
Michael Cameron v. Tim Hooper, Warden |
Fifth Circuit |
2022-02-17 |
Denied |
IFP |
criminal-procedure due-process eyewitness-identification misidentification right-to-defense right-to-present-defense showup-lineup suggestive-lineup witness-identification |
The police conducted a showup lineup with Cameron and four witnesses without justification. The unduly suggestive showup lineups were never corroborat… |
| 21-7152 |
Jeremy Heath Barney v. Pennsylvania |
Pennsylvania |
2022-02-17 |
Denied |
Response WaivedRelisted (2)IFP |
14th-amendment constitutional-rights criminal-conviction criminal-procedure defendant-rights due-process post-conviction-relief resentencing undisturbed-conviction |
I. DOES A DEFENDANT HAVE A UNITED STATES CONSTITUTIONAL
14TH AMENDMENT RIGHT UNDER DUE PROCESS - TO ATTACK HIS
UNDISTURBED CONVICTION AFTER BEING RESE… |
| 21-1146 |
Gary McClain v. Texas |
Texas |
2022-02-17 |
Denied |
|
client-autonomy criminal-procedure criminal-trial defense-counsel fundamental-rights right-to-counsel sixth-amendment structural-error trial-strategy |
This Court held in McCoy v. Louisiana, 138 S. Ct. 1500 (2018), that defense counsel may not concede his client's guilt in the guilt phase of trial if … |
| 21-1135 |
Goyko Gustav Kuburovich v. United States |
Ninth Circuit |
2022-02-16 |
Denied |
Response Waived |
bankruptcy bankruptcy-fraud criminal-procedure due-process false-statements federal-prosecution fraud jury-instructions jury-unanimity statutory-interpretation sua-sponte |
Where a criminal defendant is prosecuted in federal court for a single count of bankruptcy fraud relying on multiple alleged false statements, each wi… |
| 21-7133 |
Francis P. Salemme v. United States |
First Circuit |
2022-02-16 |
Denied |
Response WaivedIFP |
accessorial-liability accessory-after-the-fact aiding-and-abetting criminal-procedure due-process jury-instruction jury-instructions legal-precedent middleton-v-mcneil |
Whether the jury instruction regarding accessorial liability that fails to distinguish between aiding and abetting liability and accessory after the f… |
| 21-7139 |
Bradley Scott Williams v. United States |
Fourth Circuit |
2022-02-16 |
Denied |
Response WaivedIFP |
base-level-score criminal-procedure drug-offense judicial-discretion methamphetamine sentencing-guidelines USSG-Section-2D1.1(c)(2) USSG-Section-2D1.1(c)(4) |
Did the trial court commit error when it calculated the appellant's sentencing guideline base level score using the enhanced "Ice" guideline value und… |
| 21-7116 |
Victor Armando Acevedo v. United States |
Ninth Circuit |
2022-02-15 |
Denied |
IFP |
criminal-law criminal-procedure defendant-rights due-process federal-rule-of-criminal-procedure federal-rules-of-criminal-procedure judicial-procedure notice sentencing supervised-release |
Whether, under Federal Rule of Criminal Procedure 43(a)(3), a district court can lawfully impose the thirteen "standard" supervised-release conditions… |
| 21-7119 |
Victor Carlos Castano v. United States |
Sixth Circuit |
2022-02-15 |
Denied |
IFP |
burden-of-proof criminal-procedure enterprise fifth-amendment grand-jury jury-instructions proffer-agreement rico-conspiracy sentencing sentencing-enhancement |
A. Whether the government was impermissibly relieved of its burden to prove each element of RICO Conspiracy when the court instructed the jury that an… |
| 21-7122 |
Thomas Warner v. Illinois |
Illinois |
2022-02-15 |
Denied |
IFP |
aggravated-battery criminal-conviction criminal-procedure due-process evidence evidentiary-sufficiency firearm-discharge jury-instructions sentencing state-testimony witness-credibility |
Whether Thomas Warner's convictions for Aggravated Battery with Discharge of a Firearm should be reversed where they were not supported by credible te… |
| 21-7125 |
William F. Kaetz v. United States |
Third Circuit |
2022-02-15 |
Denied |
Response WaivedRelisted (2)IFP |
civil-procedure coram-nobis criminal-procedure fraud-on-court fraud-on-the-court judicial-error miscarriage-of-justice rule-60 writ-of-coram-nobis |
1. Federal rules of civil procedure Rule 60 and a Writ of Coram Nobis both can
be used to set aside a judgment, one is for civil cases, and one is for… |
| 21-7128 |
Cornelius Riley v. United States |
Third Circuit |
2022-02-15 |
Denied |
Response WaivedIFP |
5th-amendment 6th-amendment constitutional-rights criminal-procedure criminal-sentencing drug-offense due-process fifth-amendment jury-trial sentencing-guidelines sixth-amendment |
Should this Honorable Court extend the reasoning of Apprendi, Alleyne, and Peugh to cases where a defendant's sentencing guideline range increases sig… |
| 21-7110 |
Jorge Alberto Funez-Zapata v. United States |
Fifth Circuit |
2022-02-14 |
Denied |
Response WaivedIFP |
alleyne almendarez-torres appellate-procedure apprendi constitutional-law criminal-law criminal-procedure due-process precedent-analysis sentencing statutory-interpretation supreme-court-review |
Whether this Court should consider the continuing validity of Almendarez-Torres v. United States, 523 U.S. 244 (1998), in light of the reasoning of Ap… |
| 21-7102 |
Elmer Josue Rivas-Garcia v. United States |
Fifth Circuit |
2022-02-11 |
Denied |
Response WaivedIFP |
appellate-procedure constitutional-law criminal-law criminal-procedure due-process precedent precedent-analysis sentencing statutory-interpretation supreme-court supreme-court-review |
Whether this Court should consider the continuing validity of Almendarez-Torres v. United States, 523 U.S. 244 (1998), in light of the reasoning of Ap… |
| 21-7094 |
Gustavo Guillermo Gutierrez v. United States |
Fifth Circuit |
2022-02-10 |
Denied |
Response WaivedIFP |
Apprendi-v-New-Jersey constitutional-provisions criminal-law criminal-procedure due-process fifth-circuit jury-trial precedent-review recidivism sentencing supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-7100 |
Alkiohn Dunkins v. Pennsylvania |
Pennsylvania |
2022-02-10 |
Denied |
IFP |
cellsite-information constitutional-protections criminal-procedure due-process fourth-amendment law-enforcement privacy privacy-rights search-and-seizure standing |
Whether the Lower Courts erred by being forced to suppress the cell-site information under this Courts opinion in Carpenter?
Whether the Lower Courts… |
| 21-7081 |
Marko Stasiv v. United States |
Second Circuit |
2022-02-09 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure due-process evidentiary-hearing judicial-discretion jury-coercion jury-trial motion-for-new-trial |
Was the Defendant, Marko Stasiv, entitled to have a hearing on the question of jury coercion in connection with his Motion for a New Trial when the tr… |
| 21-7084 |
Dwight David Jordan v. Florida |
Florida |
2022-02-09 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process indictment jury-instructions legal-precedent lesser-included-offense principal-liability waiver |
GROUND 1) Whether the court can depart from clearly established law on case by case basis? State v. Gray, 435 So. 2d 816, 818 (Fla. 1983) is a case th… |
| 21-7087 |
In Re Wesley Thompson |
|
2022-02-09 |
Denied |
IFP |
appeals criminal-procedure due-process equal-protection habeas-corpus sentencing |
PRIOR COURTS DISPITE THE CONSTTTUTIONAL VIOLATIONS?
2) CAN MR. THOMPSON'S CONVICTIONS STAND WITHOOT VINDICATION OF THE VIOLATIONS OF THE CONSTITUTION… |
| 21-7088 |
Selbourne Waite v. United States |
Second Circuit |
2022-02-09 |
GVR |
Relisted (2)IFP |
18-usc-924c aiding-and-abetting attempted-robbery crime-of-violence criminal-procedure eighth-amendment hobbs-act sentencing-enhancement |
Whether attempted Hobbs Act robbery, which may be completed through an
attempted threat alone, see 18 U.S.C. § 1951(a), and aiding and abetting a Hobb… |
| 21-7092 |
Epati Malauulu v. United States |
Ninth Circuit |
2022-02-09 |
Denied |
Response WaivedIFP |
18-usc-2255 constitutional-rights counsel-waiver criminal-procedure habeas-corpus ineffective-assistance ineffective-assistance-of-counsel post-conviction-relief section-2255 waiver |
Whether, Despite a Waiver, Malauulu Can Properly Raise Ineffective Assistance of Counsel Claims Under 18 U.S.C. § 2255? |
| 21-7067 |
Kimmie Dwayne Baker v. Arizona |
Arizona |
2022-02-08 |
Denied |
Response WaivedRelisted (2)IFP |
certiorari-review criminal-procedure due-process electronic-surveillance evidence exculpatory-evidence government-misconduct government-response judicial-procedure new-trial new-trial-motion surveillance |
1. Shola the Inoldina of Uritted States Ve Elbechnact SYe le. VL (2005), " thak im his Case Coovermment Vieo\eeready bo Yespond, and Yor Contest Whe m… |
| 21-7072 |
Dontrell R. Wise v. United States |
Second Circuit |
2022-02-08 |
Denied |
Response WaivedIFP |
appellate-review burden-of-proof criminal-conviction criminal-procedure drug-crimes drug-dealing due-process expert-testimony sufficiency-of-evidence |
1. A writ of certiorari is requested to determine whether the Second Circuit Court of Appeals erred in affirming Dontrell Wise's conviction which was … |
| 21-7073 |
Nathaniel Collins v. Alabama |
Alabama |
2022-02-08 |
Denied |
Response WaivedIFP |
appeal constitutional-rights criminal-procedure due-process electronic-hearing in-person-hearing probation trial-court-objection video-conference virtual-hearing |
Whether a virtual, video conference, or other hearing that takes place using an electronic or computer medium is sufficient to meet the due process re… |
| 21-1099 |
Thomas Clayton Steres v. Kevin Curran, Warden, et al. |
Ninth Circuit |
2022-02-08 |
Denied |
Response Waived |
cell-phone-search certificate-of-appealability constitutional-rights criminal-procedure fourth-amendment habeas-corpus ineffective-assistance plea-bargaining right-to-counsel sixth-amendment |
1. Whether Thomas Steres received ineffective assistance of counsel in violation of the Sixth Amendment?
2. Whether the search of Mr. Steres' cell ph… |
| 21-1102 |
Oklahoma v. Shaynna Lauren Sims |
Oklahoma |
2022-02-08 |
GVR |
Response RequestedRelisted (2) |
criminal-jurisdiction criminal-procedure due-process equal-protection federalism indian-country native-american-rights non-indian-crimes state-prosecution tribal-sovereignty |
1. Whether a state has authority to prosecute non-Indians who commit crimes against Indians in Indian country.
2. If the answer to the first question… |
| 21-1089 |
Jeff Garvin Smith, Cary Dale Vandiver, Patrick Michael McKeoun, David Randy Drozdowski, and Vincent John Witort v. United States |
Sixth Circuit |
2022-02-07 |
Denied |
|
Criminal-Procedure Due-Process First-Amendment Free-Speech hypothetical-elements jury-instruction Jury-Instructions RICO-Conspiracy sixth-circuit-precedent |
I. Should the jury have been allowed to convict
the defendants on the hypothetical existence
of all of the elements of a RICO Conspiracy?
II. Did the… |
| 21-1082 |
Tarresse Leonard v. United States |
Eleventh Circuit |
2022-02-04 |
Denied |
|
criminal-procedure essential-element harmless-error indictment judicial-review motion-to-dismiss structural-error |
Whether the erroneous denial of a timely raised motion to dismiss an indictment omitting an essential element is structural error requiring dismissal … |
| 21-1083 |
Jay Hoon Choi v. Virginia |
Virginia |
2022-02-04 |
Denied |
Response Waived |
6th-amendment criminal-procedure custodial-interrogation due-process law-enforcement-contact miranda-rights right-to-attorney right-to-counsel right-to-remain-silent sixth-amendment state-magistrates |
Issue 1. Following the police reading of the rights enumerated in Miranda v. Arizona, 384 U.S. 436 (1966), how long after a person in custody asserts … |
| 21-7059 |
Timothy George Muller v. Michigan |
Michigan |
2022-02-04 |
Denied |
IFP |
criminal-procedure double-jeopardy due-process evidence ineffective-assistance-of-counsel jurisdiction plea-bargaining substance venue |
MR. MULLED- EaJT/TIE D To uoiTA/TIRA lS
DlEA AMD Tai/E /J& CoaJTclVoa} fa/Z DEA iuEAY oE
6orimoU.tX> SuBSfAAJCE tAOZiti^DEATbJ VACATED,
l$EC/kJSE '… |
| 21-7062 |
Michael Devell Smith v. United States |
Fifth Circuit |
2022-02-04 |
Denied |
Response WaivedIFP |
3553(a) criminal-procedure criminal-sentencing district-court-discretion guidelines section-3553a sentence-disparity sentencing sentencing-guidelines substantive-reasonableness unwarranted-disparities |
Whether the district court ordered an unreasonable 24-month sentence considering the facts of this case and the Guidelines sentence range of 12 to 18 … |
| 21-7063 |
Salahudin Shaheed v. United States |
Third Circuit |
2022-02-04 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure drug-introduction due-process exculpatory-defense legal-standard plea-bargaining sentencing sexual-misconduct standing |
Has thousands of people been wrongfully convicted by Courts of law, facts (drug introduction into correctional institutions) and "illicit sex acts)" i… |
| 21-7047 |
In Re Daren Kareem Gadsden |
|
2022-02-03 |
Dismissed |
IFP |
constitutional-violation criminal-indictment criminal-procedure double-jeopardy due-process federal-indictment federal-jurisdiction fifth-amendment sentencing sentencing-authority |
Whether or not the U.S. District Court for the District of Maryland exceeded its authority and/or jurisdiction by punishing petitioner to a (23) twent… |
| 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 |
The Confrontation Clause grants defendants the right to confront witnesses against them. Here, the trial court overruled objections and allowed accusa… |
| 21-7053 |
Iramm Wright v. United States |
Eleventh Circuit |
2022-02-03 |
Denied |
Response WaivedIFP |
circuit-split constitutional-law constitutional-vagueness criminal-procedure johnson-precedent johnson-v-united-states procedural-default statutory-interpretation vagueness-doctrine |
1. Whether the Court should resolve the three-way circuit split regarding whether, and under what circumstances, a movant's procedural default may be … |
| 21-7054 |
Ervin Walker, Jr. v. United States |
Eleventh Circuit |
2022-02-03 |
Denied |
Response WaivedIFP |
18-usc-3553 18-usc-3582 abuse-of-discretion compassionate-release criminal-procedure district-court-discretion sentencing-factors sentencing-guidelines sentencing-reduction ussg-1b1.13 |
Whether the District Court abused its discretion when it denied Petitioner's Motion for Compassionate Release under 18 USC § 3582 (c)(1)(A), after it … |
| 21-7041 |
Anthony Andrews v. Bryan K. Dobbs, Warden |
Fourth Circuit |
2022-02-02 |
Denied |
Response WaivedIFP |
criminal-procedure due-process parole revocation sentencing supervised-release |
Question not identified. |
| 21-7016 |
Tony Gonzalez v. Rhode Island |
Rhode Island |
2022-02-01 |
Denied |
Response WaivedIFP |
abuse-of-discretion brady-violation cellphone-search criminal-procedure due-process fourth-amendment jury-selection jury-venire motion-to-suppress sixth-amendment standing |
Did the trial Justice err, when the Jury Venire challenge, had been inappropriately addressed, concerning a proper sixth Amendment challenge? And Tria… |
| 21-7018 |
Jose Fuentes v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2022-02-01 |
Denied |
IFP |
character-evidence criminal-procedure deposition due-process ineffective-assistance ineffective-assistance-of-counsel insanity-defense medical-records subpoena trial-counsel witness-testimony |
Question one of ground one of Fuentes £2254 petition:
Relevancy is everything when it comes to evidence, and the Petitioner 's private psychologist, D… |
| 21-7022 |
Patrick Nilo Gil v. Virginia |
Virginia |
2022-02-01 |
Denied |
Response WaivedRelisted (2)IFP |
4th-amendment civil-rights constitutional-rights criminal-procedure due-process jurisdiction public-defender sentencing suppression-hearing video-evidence |
Vehicle seized EASTERN Shore of VA comack CouNty Sheriff's chris Hargis offic IN the couNty of NOrthamPtON VA EASTERN Store him authority in having NO… |
| 21-7023 |
Toni Marie Rambo v. Texas |
Texas |
2022-02-01 |
Denied |
IFP |
civil-rights constitutional-rights criminal-law criminal-procedure cruel-and-unusual-punishment due-process eighth-amendment sentencing |
DOES THE SENTENCE IMPOSED ON MRS. RAMBO CONSTITUTE CRUEL AND UNUSUAL PUNISHMENT IN VIOLATION OF HIS EIGHTH AMENDMENT RIGHTS? |
| 21-7030 |
Darrin Lynn Pickens v. Oklahoma |
Oklahoma |
2022-02-01 |
Denied |
IFP |
constitutional-law criminal-jurisdiction criminal-procedure enabling-act federal-jurisdiction federal-land-restrictions indian-country state-enabling-act state-jurisdiction subject-matter-jurisdiction territorial-jurisdiction |
I. Does the State of oKlahoma have Subject matter Jurisdiction over anY person mho Commits an offense UUithin tlic boundries of Indian CountrY ?
Does… |
| 21-7032 |
Adrian Hunt v. United States |
Fifth Circuit |
2022-02-01 |
Denied |
Response WaivedIFP |
2d1.1(b)(1) 5th-circuit criminal-procedure due-process fifth-circuit firearm-enhancement sentencing-guidelines tools-of-the-trade tools-of-the-trade-presumption |
Whether the Fifth Circuit's practice of applying a tools-of-the-trade presumption to the firearm enhancement of sentencing guidelines §2D1.1(b)(1) vio… |
| 21-7034 |
Jeriton Lavar Curry, aka Cheese v. United States |
Fourth Circuit |
2022-02-01 |
Denied |
Response WaivedIFP |
career-offender crime-of-violence criminal-procedure district-court-error due-process hobbs-act legal-analysis sentencing-guidelines standard-of-review |
Whether a conviction for Hobbos Act Robbery qualifies as a "crime of violence" under the Sentencing Guidelines, U.S.S.G.3 4BI.2(a).?
2) Whether the D… |
| 21-7036 |
Jeffrey Davis v. Orange County Sheriff's Office, et al. |
Eleventh Circuit |
2022-02-01 |
Denied |
Relisted (2)IFP |
arrest-validity civil-rights criminal-procedure detention-challenge district-court-procedure due-process false-arrest habeas-corpus judicial-review legal-standard prima-facie-evidence standing |
Whether the district court departed from the essential requirements of the law, in the absence of prima facie evidence attached to its order to refute… |
| 21-7037 |
Robert Breest v. New Hampshire |
New Hampshire |
2022-02-01 |
Denied |
Response WaivedIFP |
criminal-procedure dismissal dna-testing expert-testimony favorable-evidence forensic-evidence habeas-corpus new-hampshire retrial statutory-interpretation |
1. Issue One: Whether the DNA tests were favorable under New Hampshire RSA 651-D-2, VI (b) and warrant dismissal of the charge because a different res… |
| 21-7038 |
Jeremy William Lillich v. United States |
Eighth Circuit |
2022-02-01 |
Denied |
Response WaivedIFP |
criminal-procedure detention fourth-amendment identification reasonable-suspicion search-and-seizure terry-stop warrant-execution |
Petitioner Jeremy Lillich pleaded guilty, pursuant to a conditional plea agreement, to violation of 21 U.S.C. § 841(a)(1), 21 U.S.C. § 841(b)(1)(A), 2… |
| 21-6989 |
Jason Wayne Oien v. Chad Pringle, Warden |
Eighth Circuit |
2022-01-31 |
Denied |
IFP |
certiorari civil-rights constitutional-interpretation criminal-procedure due-process judicial-review lower-court-decision post-conviction-relief procedural-error prosecutorial-misconduct sentencing supreme-court-review |
Testinny y Exprt winses My lawer ad
1. Rule 702.
Police OFFicer. (14thAmendment)
2. Luminol testing.
DNA was never found on me or victim.
3. Rule 1… |
| 21-6998 |
Robert Lars Pape v. California |
California |
2022-01-31 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-defense criminal-procedure due-process evidence evidence-exclusion right-to-present-defense standard-of-review third-party-culpability |
1. Does the Constitution permit the exclusion of a defendant's presentation of substantial evidence of third-party culpability simply because the cour… |
| 21-6999 |
Sharoc Richardson v. Sherman Campbell, Warden |
Sixth Circuit |
2022-01-31 |
Denied |
Response WaivedIFP |
criminal-procedure defense-witnesses due-process ineffective-assistance-of-counsel jury-instruction jury-instructions prosecutorial-misconduct right-to-a-fair-trial trial-court-error witness-cross-examination |
QUESTION ONE: DID THE TRIAL COURT ERR IN FAILING TO INSTRUCT THE JURY ON INVOLUNTARY MANSLAUGHTER IN THIS CASE?
QUESTION TWO: WAS TRIAL COUNSEL INEFF… |
| 21-7009 |
Cristian M. Loga-Negru v. Wisconsin |
Wisconsin |
2022-01-31 |
Denied |
Response WaivedRelisted (2)IFP |
brady-violation constitutional-rights criminal-procedure deportation due-process exculpatory-evidence plea-bargaining prosecutorial-misconduct vindictiveness |
Question not identified. |
| 21-7012 |
Jessica Ewing v. Harold W. Clarke, Director, Virginia Department of Corrections |
Fourth Circuit |
2022-01-31 |
Denied |
IFP |
burden-of-proof counsel-performance criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel innocence judicial-discretion plea-agreement plea-bargaining post-conviction |
Ms. Ewing asserts that the previcis court erred when it did not grant a C.O.A. despite the debatability of the District Court's opinion by a reasonabl… |
| 21-7013 |
Michael John Wolfe v. Oregon |
Oregon |
2022-01-31 |
Denied |
Response WaivedIFP |
capital-crime constitutional-law constitutional-provision criminal-law criminal-procedure due-process ex-post-facto legislative-amendment retroactivity |
The ex post facto prohibition in Article I, section 10, of the United States Constitution prevents a change in law from being applied retroactively wh… |
| 21-7014 |
Vicente Lopez-Sanchez v. United States |
Fifth Circuit |
2022-01-31 |
Denied |
Response WaivedIFP |
assault criminal-intent criminal-procedure due-process jury-instruction jury-instructions law-enforcement mens-rea |
Whether the district court erred by denying the defense's jury instruction stating that for a finding of guilt, Mr. Lopez had to know that the person … |
| 21-7015 |
Edward T. James v. Florida |
Florida |
2022-01-31 |
Denied |
IFP |
capital-defendant court-procedure criminal-procedure due-process habeas-corpus incompetency incompetency-claim mental-competency substantive-claim substantive-review |
1. Whether a court may refuse to review a capital defendant's substantive incompetency claim? |
| 21-7020 |
Charles David Gordon v. Joe A. Lizarraga, Warden |
Ninth Circuit |
2022-01-31 |
Denied |
Response WaivedIFP |
brady-disclosure criminal-procedure due-process evidence-admissibility mental-health segregation self-incrimination voluntariness voluntary-statements |
I. Whether a defendant's statements may be admitted into evidence when the statements were made while she was placed in segregated confinement based o… |
| 21-6990 |
Roger D. Roberts v. United States |
Sixth Circuit |
2022-01-28 |
Denied |
Response WaivedIFP |
constitutional-violation criminal-procedure drug-crimes due-process evidence-standard habeas-corpus informant-credibility police-misconduct search-and-seizure state-court-review |
How did the prosecutor use evidence of a drug sell allegedly by Mr. Roberts an informant where there was no Us.nq 2 were purchased from Mr. Robert's t… |
| 21-6996 |
Robert Stivers v. Illinois |
Illinois |
2022-01-28 |
Denied |
Response WaivedIFP |
14th-amendment 5th-amendment civil-rights coerced-confession confession-admissibility constitutional-rights criminal-procedure due-process interrogation-procedure police-interrogation right-to-silence |
Is a suspect's Constitutional Amendments V as well as XIV rights violated when a clear and unambiguous invocation to remain silent is ignored? Additio… |
| 21-7000 |
Dominic Dean Adams v. United States |
Ninth Circuit |
2022-01-28 |
Denied |
Response WaivedIFP |
appellate-review conviction conviction-review court-of-appeals criminal-procedure due-process judicial-procedure legal-error sentencing standard-of-review |
Did the court of appeals err in affirming Mr. Adams' conviction? |
| 21-7006 |
Juan Jaime-Guzman v. United States |
Fifth Circuit |
2022-01-28 |
Denied |
Response WaivedIFP |
almendarez-torres-v-united-states apprendi-v-new-jersey constitutional-rights criminal-procedure indictment prior-conviction prior-convictions sentencing sentencing-enhancement sixth-amendment |
I. Can a court, consistent with the Sixth Amendment, impose a statutorily enhanced sentence based on the fact of a prior conviction never alleged in t… |
| 21-7008 |
Marco Dane Acoff v. Alabama |
Alabama |
2022-01-28 |
Denied |
Relisted (2)IFP |
constitutional-protocol criminal-procedure due-process federal-constitution habeas-corpus judicial-discretion mental-evaluation state-constitution supreme-court-review |
WHETHER "THE ALABAMA SUPREME COURT WRONGFULLY DECIDED AN IMPORTANT ISSUE RAISED TO THEM BY PETITIONER MARCO DANE ACOFF WHERE HE WAS DENIED A TIMELY AN… |
| 21-1053 |
Randall Hepp, Warden v. Danny L. Wilber |
Seventh Circuit |
2022-01-28 |
Denied |
|
aedpa-review criminal-procedure deck-v-missouri due-process federal-habeas habeas-corpus judicial-restraint jury-trial shackling state-conviction state-court-deference |
During Danny Wilber's jury trial in 2005 for fatally shooting a man at a party, Wilber became increasingly belligerent with the Milwaukee County Circu… |
| 21-6974 |
Alfredo Gonzalez v. Angel Quiros, Commissioner, Connecticut Department of Correction |
Connecticut |
2022-01-27 |
Denied |
Response WaivedIFP |
accessory-liability burden-of-proof criminal-procedure criminal-sentencing due-process firearm-enhancement firearms jury-determination manslaughter sentencing |
Does Connecticut's statutory scheme of accessory to manslaughter in the first degree with a firearm violate Due Process, in that it allows for an incr… |
| 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 |
unconFrontedstatements
Whather a victims
to police wre admissible at trial onthe grounds
of unavailability by forfeiture where no affirmcaused +he wi… |
| 21-6987 |
Marcus Antonio Grubbs v. United States |
Eleventh Circuit |
2022-01-27 |
Denied |
Response WaivedIFP |
appeal-waiver contract-law criminal-procedure defendant-rights due-process miscarriage-of-justice procedural-waiver sentencing |
Whether a defendant can "knowingly," "voluntarily," and/or "intelligently," execute an appeal waiver of conduct yet to occur in the proceedings, visa-… |
| 21-6992 |
Michael Rocky Lane v. United States |
Ninth Circuit |
2022-01-27 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review compassionate-release criminal-justice criminal-procedure due-process federal-sentencing ninth-circuit sentencing summary-affirmance |
I. Whether The Denial Of Michael Lane's Motion For Compassionate Release Was An Abuse Of Discretion?
II. Whether the Ninth Circuit's Summary Affirman… |
| 21-6961 |
Mauro C. Palacio v. Justin Caraway, et al. |
Fifth Circuit |
2022-01-26 |
Denied |
Response WaivedIFP |
appellate-procedure civil-rights constitutional-rights criminal-procedure due-process evidence-admission fifth-amendment fourth-amendment judicial-discretion procedural-error |
Question not identified. |
| 21-6967 |
Lemonta Markuis Maddox v. California |
California |
2022-01-26 |
Denied |
IFP |
civil-rights coerced-confessions constitutional-rights criminal-procedure due-process federal-law interrogation involuntary-statements plea-bargaining state-law |
Is it rightly lawful for a detective to obtain involuntary statements by coercion and promises of leniency violating federal and state constitutional … |
| 21-6968 |
Jay Anthony Jones v. Maryland |
Maryland |
2022-01-26 |
Denied |
Response WaivedIFP |
appellate-review constitutional-protection criminal-procedure criminal-remand double-jeopardy due-process judicial-discretion north-carolina-v-pearce sentencing sentencing-enhancement twigg-v-state |
1. Is the State of Maryland's case Twigg v. State, 447 Md. 1 (2016), afoul of the long standing principal set forth in North Carolina v. Pearce, 395 U… |
| 21-1042 |
David Minnick v. Dan Winkleski, Warden |
Seventh Circuit |
2022-01-26 |
Denied |
Response Waived |
criminal-procedure defense-counsel direct-appeal guilty-plea hill-v-lockhart ineffective-assistance ineffective-assistance-of-counsel reasonableness-inquiry sentencing strickland-standard strickland-v-washington |
1. Whether the "reasonableness" standard for assessing deficient performance of defense counsel under Strickland v. Washington, 466 U.S. 668 (1984), a… |
| 21-6948 |
Robert Earl Ramseur v. United States |
Fifth Circuit |
2022-01-25 |
Denied |
Response WaivedIFP |
8th-amendment criminal-procedure double-jeopardy due-process grand-jury indictment prosecutorial-vindictiveness self-surrender sentencing superseding-indictment |
1. Is it prosecutorial vindictiveness to have a superseding indictment after completion of the trial proceedings and sentencing without resubmission t… |
| 21-6949 |
Reno Fuentes Rios v. Ken Clark, Warden |
Ninth Circuit |
2022-01-25 |
Denied |
IFP |
civil-rights criminal-procedure due-process habeas-corpus parole sentencing |
Question not identified. |
| 21-6950 |
Stephen Rosa v. New York |
New York |
2022-01-25 |
Denied |
IFP |
case-law civil-rights constitutional-violation court-procedure criminal-procedure district-attorney due-process sentencing standing statutory-rights |
WAS THE COURTS IN VIOLATIONS FOR NOT FOLLOWING ITS OWN CASE LAWS ?
WAS PETITIONERS DUE PROCESS RIGHTS VIOLATED AND HIS RIGHTS UNDER D.L. § § 720.10 &… |
| 21-6952 |
Sunrise Lee v. United States |
First Circuit |
2022-01-25 |
Denied |
Relisted (2)IFP |
circuit-split conspiracy controlled-substances criminal-procedure due-process evidence-standard federal-court judgment-of-acquittal legal-sufficiency physician prescription-drugs |
1. Whether a non-physician may be convicted of conspiring with a physician to prescribe controlled substances outside of the course of professional pr… |
| 21-6955 |
Erica Umbay v. United States |
Ninth Circuit |
2022-01-25 |
Denied |
Response WaivedIFP |
appeal-rights criminal-procedure due-process federal-rules-of-criminal-procedure ineffective-assistance ineffective-assistance-of-counsel interstate-commerce plea-bargaining plea-withdrawal sentencing-guidelines |
Whether a Criminal Defendant Can Withdraw a Plea Under Federal Rule of Criminal Procedure 11(b)(3) if the Plea Lacked an Adequate Factual Basis?
Whet… |
| 21-6957 |
David Kent Thacker, Jr. v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-01-25 |
Denied |
IFP |
amendment-due-process civil-rights constitutional-challenge criminal-procedure criminal-proceedings due-process exclusionary-rule federal-intervention investigation-scope miranda-rights pecuniary-interest self-incrimination |
in this particular scenario (pretrial assertions must it have been asserted by way of the 4th Amendments EXCLUSIONARY RULE, to suppress State Statemen… |
| 21-6960 |
Jonathan C. Roush v. United States |
Sixth Circuit |
2022-01-25 |
Denied |
Response WaivedIFP |
18-usc-3161 18-usc-3164 court-of-appeals criminal-procedure district-court-order griggs-v-provident-consumer-discount-co retroactive-exclusion speedy-trial speedy-trial-act time-calculation zedner-v-united-states |
Whether, in light of this Court's ruling in Zedner v. United States, 547 U.S. 489, 126 S. Ct. 1976, 164 L. Ed. 2D 749 (2006) and Griggs v. Provident C… |
| 21-6933 |
Carlos Rivera-Alejandro, aka Homero v. United States |
First Circuit |
2022-01-21 |
Denied |
Response WaivedIFP |
barker-factors barker-v-wingo circuit-split civil-rights constitutional-review criminal-procedure due-process speedy-trial standard-of-review trial-length |
1. Whether the Supreme Court should resolve a circuit split concerning the standard of review for a constitutional speedy trial claim.
2. Whether the… |
| 21-6940 |
Ferney Salas Torres v. United States |
Second Circuit |
2022-01-21 |
Denied |
Response WaivedIFP |
abuse-of-discretion criminal-appeal criminal-procedure district-court-discretion minor-role-adjustment pilot-enhancement plea-agreement procedural-reasonableness second-circuit sentencing sentencing-guidelines |
1. A writ of certiorari is requested to determine whether the Second Circuit Court of Appeals erred in affirming Ferney Salas Torres' judgment of conv… |
| 21-6944 |
Juan Coreno-Garay v. United States |
Fifth Circuit |
2022-01-21 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 21-6945 |
Johnnie W. Byrd, III v. David W. Gray, Warden |
Sixth Circuit |
2022-01-21 |
Denied |
IFP |
burden-of-proof certificate-of-appealability criminal-justice-system criminal-procedure due-process federal-due-process-protections federal-judicial-system food-stamps judicial-review ohio-law sixth-circuit |
Johnnie Byrd's case raises an issue of national importance in the wake of
our Criminal Justice Systems efforts to regain the publics confidence in it… |
| 21-6890 |
Robert William Moats v. United States |
Fourth Circuit |
2022-01-20 |
Denied |
Response WaivedIFP |
civil-rights consensual-encounter consent constitutional-rights criminal-procedure detention fourth-amendment police-detention probable-cause search-and-seizure |
Whether the majority opinion of the Unit ed States Fourth Circuit of Appeals, which held that the defendant had a consensual encounter with police and… |
| 21-6908 |
Jessie Flores v. Brian Cates, Warden |
Ninth Circuit |
2022-01-20 |
Denied |
Response WaivedIFP |
competence-to-stand-trial competency-to-stand-trial criminal-procedure ineffective-assistance-of-counsel mental-health-defense mental-state-defense psychosis specific-intent substance-abuse willful-deliberate-and-premeditated-murder |
Does defense counsel unreasonably fail to investigate and present a mental state defense to a charge of willful, deliberate and premeditated murder wh… |
| 21-6910 |
Juan Manuel Cruzado-Laureano v. W. Stephen Muldrow |
First Circuit |
2022-01-20 |
Denied |
Response WaivedRelisted (2)IFP |
abuse-of-discretion attorney-for-government attorney-for-the-government criminal-procedure federal-criminal-procedure grand-jury grand-jury-procedure indictment indictment-validity judicial-discretion mandamus mandamus-petition |
1- An Indictment whose "True Bill" is only signed by the US District Attorney to arrest and criminally prosecute an accused is valid, even when the si… |
| 21-6912 |
Jamar Jones v. United States |
Seventh Circuit |
2022-01-20 |
Denied |
Response WaivedIFP |
appellate-review cell-phone-data constitutional-rights counsel-performance criminal-procedure fourth-amendment fourth-amendment-jurisprudence ineffective-assistance plea-withdrawal privacy reasonable-expectation-of-privacy search-and-seizure |
liE TItetZ ntElZE E)(1 sr A- SLIFF x cr-c-ry T
E577.1SLtsli P8 - 7ri n on/ PLEA oF Gu I . L Ptiaulinrr m caw -r
ON& (*I Che-rded vio La,.1-7 o Ai
Cam-… |
| 21-6917 |
Joseph Earl Clark, II v. Shawn Lindsey Britt, et al. |
Fourth Circuit |
2022-01-20 |
Denied |
IFP |
42-usc-1983 civil-rights collateral-estoppel constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance post-conviction-relief sentencing-mitigation standing |
Whether the Fourth Circuit erred and/or abused its discretion in affirming summary judgment against petitioner.
Can court dismiss claims in the compl… |
| 21-6919 |
Kevin Vigil v. United States |
Tenth Circuit |
2022-01-20 |
Denied |
Response WaivedIFP |
criminal-jurisdiction criminal-procedure evidence-of-continuous-excitement excited-utterance federal-criminal-jurisdiction federal-evidence-rule federal-rules-of-evidence hearsay-exception indian-country-status indian-law pueblo-lands-act |
I. Whether a hearsay statement may be properly admitted as an excited utterance under Fed. R. Evid. 803(2) without evidence that the declarant was und… |
| 21-6932 |
Joshua Dixon v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2022-01-20 |
Denied |
Response WaivedIFP |
appellate-counsel criminal-procedure federal-review ineffective-assistance-of-counsel state-court-findings sufficiency-of-evidence |
I In Florida, e criminal defendant hes a first
eppecl as a matter of c:qht and t
theappointment
of counsel for said oppeal. under Floridd case law a
s… |
| 21-6902 |
Daliyl Raaid Muhammad v. Eric Armel, Superintendent, State Correctional Institution at Fayette, et al. |
Third Circuit |
2022-01-19 |
Denied |
Response WaivedIFP |
aedpa aedpa-standard circuit-split collateral-review criminal-procedure federal-prejudice-standards harmless-error jury-verdict jury-verdicts supreme-court-precedent |
1. Whether the Third Circuit erred, in conflict with decisions of the Second
and Ninth Circuits, when it held that this Court's decision in United St… |
| 21-6905 |
Ramon Diaz-Quintana v. United States |
Fifth Circuit |
2022-01-19 |
Denied |
Response WaivedIFP |
case-law constitutional-law court-of-appeals criminal-procedure due-process judicial-review jury-trial legal-precedent sentencing supreme-court supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-6879 |
In Re Allen Fitzgerald Calton |
|
2022-01-18 |
Dismissed |
IFP |
cause-and-prejudice constitutional-rights criminal-procedure evidence-review evidentiary-hearing habeas-corpus innocence innocence-claim life-sentence original-jurisdiction state-court-review |
1. Whether Petitioner Ao Me Sickack Court Lor hearing gursus nt PON Combs ocainal \qaloeas yursdicion Vo rarcanked fa AHS excephional Life serene case… |
| 21-6882 |
Alexi Lenin Argueta-Urbina v. United States |
Fifth Circuit |
2022-01-18 |
Denied |
Response WaivedIFP |
Almendarez-Torres case-review court-of-appeals criminal-procedure due-process judicial-procedure jury-trial legal-precedent recidivism sentencing supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-6884 |
Hermin Rodriguez-Monserrate, aka Cano, aka Canito v. United States |
First Circuit |
2022-01-18 |
Denied |
Response WaivedIFP |
coronavirus-act coronavirus-aid-relief-and-economic-security-act criminal-procedure defendant-absence due-process educational-condition learning-disability sentencing sentencing-procedure supervised-release |
1. Should certiorari be granted because the district court
conducted Petitioner's sentence and revocation hearing in his physical
absence, even though… |
| 21-6886 |
Roberto Martinez-Rivera v. United States |
First Circuit |
2022-01-18 |
Denied |
Response WaivedIFP |
actual-innocence constitutional-rights criminal-procedure fair-and-just-reason plea-withdrawal presumption-of-innocence rule-11 |
Whether a defendant who enters a plea of guilty, but moves to withdraw such plea prior to sentencing, while at the same time properly articulating a p… |
| 21-6887 |
Sergio Rodriguez-Garcia v. United States |
Fifth Circuit |
2022-01-18 |
Denied |
Response WaivedIFP |
Almendarez-Torres case-review criminal-procedure due-process fifth-circuit judicial-precedent jury-trial legal-challenge sentencing Supreme-Court supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-6888 |
Ryan Kenneth Richmond, aka Rich v. United States |
Fourth Circuit |
2022-01-18 |
Denied |
Response WaivedIFP |
appeal-waiver appellate-review attempted-murder criminal-defendant criminal-procedure plea-agreement relevant-conduct sentencing-guidelines |
I. DOES A CRIMINAL DEFENDANT'S WAIVER OF HIS RIGHT TO APPEAL A WITHIN GUIDELINE'S SENTENCE BAR APPELLATE REVIEW WHERE THE DISTRICT COURT USED A CROSS … |
| 21-6899 |
John B. Alberts v. Grady Perry, Warden |
Sixth Circuit |
2022-01-18 |
Denied |
Response WaivedIFP |
automobile-exception container criminal-procedure fourth-amendment ineffective-assistance ineffective-assistance-of-counsel laptop-computer laptop-evidence private-property search-and-seizure |
Whether Trial Counsel was Ineffective for Failing to Move to Suppress Computer Evidence on the Ground that a Search Pursuant to the Automobile Excepti… |
| 21-6901 |
Wilbert Mathes v. United States |
Fifth Circuit |
2022-01-18 |
Denied |
Response WaivedIFP |
appellate-counsel certificate-of-appealability criminal-procedure drug-quantity drug-quantity-enhancement evidentiary-hearing fifth-circuit ineffective-assistance ineffective-assistance-of-counsel leadership-enhancement sentencing sentencing-errors |
Whether the Fifth Circuit's denial of a certificate of appealability, where the district court erred or alternatively abused its discretion by conclud… |
| 21-6836 |
Daniel Locus v. Steven Johnson, Administrator, New Jersey State Prison, et al. |
Third Circuit |
2022-01-18 |
Denied |
Response WaivedIFP |
credibility criminal-procedure due-process eyewitness-identification federal-courts judicial-review state-court-review state-courts wrongful-conviction wrongful-convictions |
1. Did the District Court's ruling consistent with the holdings
in Neil v. Biqqers ,
2243 (1977)?423 U.S. 98, 114, 53 L.Ed.2d 140, 97 S. Ct.
2. If t… |
| 21-6852 |
Joedon Bradley v. United States |
Sixth Circuit |
2022-01-14 |
Denied |
Response WaivedIFP |
assets constitutional-rights criminal-procedure due-process employment-history felon-in-possession firearms in-forma-pauperis indigence monthly-income second-amendment support-obligations |
Question not identified. |
| 21-6859 |
Jaquirro T. Scott v. United States |
Fifth Circuit |
2022-01-14 |
Denied |
Response WaivedIFP |
circuit-court civil-rights constitutional-error criminal-procedure due-process federal-jurisdiction judicial-review plea-bargaining procedural-standard standing |
I. Whether acceptance of a guilty plea without establishing a crime against the United States constitutes a structural error that voids the subsequent… |
| 21-6865 |
Justin Odell Langford v. Renee Baker, Warden |
Nevada |
2022-01-14 |
Denied |
Relisted (2)IFP |
commission-statute constitutional-provisions criminal-procedure emergency-legislation fraud-upon-the-court judicial-power judicial-time-bars legislative-override legislative-power procedural-constraints state-supreme-court statutory-revision |
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Were eves- a.-ViMe a. <\oci^e co,v\ turtle lata* and or
p<lS5 rh as an '… |
| 21-6871 |
Alan Price v. Florida |
Florida |
2022-01-14 |
Denied |
IFP |
collateral-review criminal-defense criminal-procedure due-process habeas-corpus ineffective-assistance McCoy-retroactivity mccoy-v-louisiana montgomery-v-louisiana retroactivity right-to-counsel substantive-rule |
I. Whether McCoy u. Louisiana, 138 S. Ct 1500 (2018), adopts a new substantive rule that applies retroactively to cases on collateral review?
II. Whe… |
| 21-6873 |
Juan J. Torres v. Illinois |
Illinois |
2022-01-14 |
Denied |
IFP |
appellate-court court-denial criminal-procedure custody-violation due-process fifth-amendment jurisdiction jurisdictional-challenge legal-procedure miranda-rights right-to-counsel sixth-amendment |
the United states Supreme court
what
about informing suspect
ruling
was
having a lawyer
about
present
durning Questioning.
What
747
United states sup… |
| 21-6875 |
Dontaie Anderson v. Kyle Russell, Warden, et al. |
Third Circuit |
2022-01-14 |
Denied |
Response WaivedIFP |
certiorari civil-rights criminal-procedure double-jeopardy due-process equal-protection evidence judicial-procedure sentencing supreme-court |
SECURIYOF PERSON, FROM, SEVER IINESS, MENTANY. PHYSICAHY, DEATH. DUE
PROCESS.AND.PUNISHMENT.
PERTICIPATING IN MIS OWN DEFFENCSE, DID VIOIATE THE SIXTH… |
| 21-6877 |
Alisha Dawn Aldridge v. Texas |
Texas |
2022-01-14 |
Denied |
IFP |
civil-rights criminal-procedure due-process independent-investigation ineffective-counsel witness-testimony |
Question not identified. |
| 21-1001 |
Hakim Bey v. John Rivello, Superintendent, State Correctional Institution at Huntingdon, et al. |
Third Circuit |
2022-01-14 |
Denied |
Response Waived |
burden-of-proof constitutional-challenge constitutional-law criminal-law criminal-procedure due-process jury-instruction jury-instructions reasonable-doubt |
Whether a jury instruction is unconstitutional if there is a reasonable likelihood that the jury understood it to allow conviction without proof beyon… |
| 21-6838 |
Bernard Steven Boyd v. United States |
Fourth Circuit |
2022-01-13 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fifth-amendment guideline-sentence guideline-sentencing judicial-discretion sentencing sentencing-variance upward-variance |
Did the Trial Court provide insufficient information or explanation to an upward variance in the Petitioner's Guideline Sentence, from a range of 51 t… |
| 21-6844 |
Pedro Rafael Caraballo-Martinez v. United States |
Eleventh Circuit |
2022-01-13 |
Denied |
Response WaivedIFP |
criminal-procedure due-process harmless-error jury-instruction multiple-theory-error predicate-offense statutory-interpretation unconstitutional-vagueness united-states-v-davis vagueness |
Whether a conviction under 18 U.S.C. § 924(c)(1)(A) may be sustained based on the reviewing court's finding that the jury relied equally on a valid pr… |
| 21-6845 |
In Re Willie S. Smith |
|
2022-01-13 |
Denied |
Relisted (2)IFP |
acquittal appeal appellate-review constitutional-injury criminal-procedure due-process judgment-of-acquittal judicial-discretion legal-remedy usurpation-of-power |
(1) Is it clear and indisputable that, respondent Judges have a duty to enter a judgement of acquittal pursuant to "Ball" and Crim. Rule 29?
(2) Is i… |
| 21-6848 |
Juan Manuel Lopez v. Oklahoma |
Oklahoma |
2022-01-13 |
Denied |
IFP |
criminal-procedure equal-protection equal-protection-clause federal-major-crimes-act judicial-interpretation major-crimes-act mcgirt-v-oklahoma native-american-rights new-rule subject-matter-jurisdiction |
Whether McGirt v. Oklahoma, 140 S.Ct. 2452 (2020), announced a new rule of criminal procedure.
Whether the Oklahoma Court of Criminal Appeals' indepe… |
| 21-6817 |
Rufus B. Jones v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2022-01-12 |
Denied |
Response WaivedIFP |
28-usc-2253 certificate-of-appealability criminal-procedure ineffective-assistance ineffective-assistance-of-counsel plea-bargaining plea-offer sixth-amendment stand-your-ground victim-deposition |
Whether the court of appeals improperly denied the Petitioner a certificate of appealability under 28 U.S.C. § 2253(c) on his claim that his counsel r… |
| 21-6824 |
Dwight Frederick Barnes v. United States |
Eighth Circuit |
2022-01-12 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure fourth-amendment geolocation-warrant good-faith-doctrine nexus search-and-seizure warrant-requirements warrantless-searches |
1. Can the good faith doctrine allow a police officer to rely on a geolocation warrant that lacks any showing of nexus in the application between the … |
| 21-6827 |
Ryan Thomas Pick v. Virginia |
Virginia |
2022-01-12 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure due-process eighth-amendment electronic-surveillance fifth-amendment fourth-amendment free-speech miranda-rights search-and-seizure sixth-amendment standing |
1. Are citizen's Fourth Amendment rights impinged and Electronic Communication and Privacy Act statutes violated when police intercept private electro… |
| 21-6833 |
Jason Lee Sarabia v. United States |
Fifth Circuit |
2022-01-12 |
Denied |
Response WaivedIFP |
circuit-split criminal-procedure double-jeopardy evidence-standard fifth-circuit jury-conviction jury-instructions lesser-included-offenses multiplicity |
Do convictions of greater and lesser-included offenses violate the Double Jeopardy Clause when the prosecution uses the same evidence to obtain both c… |
| 21-6816 |
N'Neka L. Crews v. Colorado |
Colorado |
2022-01-11 |
Denied |
Response WaivedIFP |
accident-law criminal-law criminal-procedure due-process federalism fourteenth-amendment mens-rea public-welfare-offense strict-liability |
I. Whether the Colorado Supreme Court's interpretation, that a criminal leaving the scene of an accident law without a stated mens rea meant that it w… |
| 21-6818 |
Arron Lawson v. Ohio |
Ohio |
2022-01-11 |
Denied |
IFP |
5th-amendment 8th-amendment capital-offenses competency competency-evaluation constitutional-rights criminal-procedure death-penalty due-process eighth-amendment fifth-amendment state-court-proceedings |
Does a state Court proceeding resulting in a sentence of death violate the Fifth and Eighth Amendments to the Constitution of the United States when t… |
| 21-985 |
Oklahoma v. Gage Christopher J. Shriver |
Oklahoma |
2022-01-11 |
Denied |
Amici (1)Response Waived |
criminal-law criminal-procedure federal-jurisdiction indian-law jurisdictional-challenge McGirt-precedent native-american-rights oklahoma-sovereignty stare-decisis statutory-interpretation tribal-jurisdiction tribal-sovereignty |
Whether McGirt v. Oklahoma, 140 S.Ct. 2452 (2020), should be overruled. |
| 21-6784 |
Brian James Talbot v. Virginia |
Virginia |
2022-01-10 |
Denied |
Response WaivedIFP |
criminal-procedure defendant-rights due-process equal-protection judicial-consistency legal-precedent plea-withdrawal precedent |
Can the decision in the present case and the prior decision of the Court of Appeals of Virginia in Williams v. Commonwealth and its progeny, be reconc… |
| 21-6785 |
Jarvis Thomas v. United States |
Ninth Circuit |
2022-01-10 |
Denied |
Response WaivedIFP |
burden-of-proof circuit-split criminal-law criminal-procedure expert-testimony federal-rules-of-evidence government-witness hypothetical-question hypothetical-questions rule-704b |
Whether Fed. R. Evid. 704(b) precludes a government expert in a criminal case from opining that the defendant knowingly participated in the charged cr… |
| 21-6795 |
Jerry White v. Tim Garrett, Warden, et al. |
Ninth Circuit |
2022-01-10 |
Denied |
Response WaivedIFP |
actual-innocence civil-rights confession constitutional-rights criminal-procedure due-process freestanding-claim habeas-corpus new-evidence post-conviction-relief |
Whether the constitution prohibits the continued incarceration of a person who proves, with new evidence in the form of a confession by the true perpe… |
| 21-6797 |
In Re Lawrence Earl Wilson |
|
2022-01-10 |
Dismissed |
Response WaivedIFP |
constitutional-deprivation criminal-procedure critical-stage due-process equitable-tolling exceptional-case habeas-corpus ineffective-assistance ineffective-assistance-of-counsel right-to-counsel |
1. WHETHER, A PERSON WHO HAS BEEN DENIED THE ASSISTANCE OF COUNSEL AT A CRITICAL STAGE OF THE TRIAL PROCEEDINGS AND RECEIVED THE INEFFECTIVE ASSISTANC… |
| 21-6804 |
Timothy Wayne Kemp v. Arkansas |
Arkansas |
2022-01-10 |
Denied |
IFP |
brady-v-maryland brady-violation cone-v-bell criminal-procedure due-process materiality materiality-standard prejudice prosecutorial-misconduct supreme-court-precedent |
Whether the October 7, 2021 decision of the Arkansas Supreme Court, finding that Timothy Kemp was not prejudiced under Brady v. Maryland, was in confl… |
| 21-6807 |
Davis Salary v. California |
California |
2022-01-10 |
Denied |
IFP |
criminal-procedure due-process equal-protection habeas-corpus post-conviction-relief sentencing |
X. -ZTjf ^ fossibt My fa? Jj
faC G£?7fy) 6)f 5 yriof' ^ |
| 21-6775 |
Temne Adah Hardaway v. United States |
Eighth Circuit |
2022-01-07 |
Denied |
Response WaivedIFP |
conspiracy conspiracy-law constitutional-interpretation criminal-procedure financial-transactions money-laundering sixth-amendment specified-unlawful-activity venue venue-jurisdiction |
In United States v. Cabrales, 524 U.S. 1, 2 (1998) this Court and the Eighth Circuit held in a substantive money laundering charge that venue is impro… |
| 21-6776 |
Wesley R. Carey v. Illinois |
Illinois |
2022-01-07 |
Denied |
Response WaivedIFP |
14th-amendment 5th-amendment constitutional-rights criminal-procedure due-process fourteenth-amendment ineffective-assistance michigan-v-mosley post-conviction-relief self-incrimination state-court-decision |
Has the State of Illinois entered a decision in conflict with the decision in a United States Supreme Court case, Michigan v. Mosley, thereby, Violati… |
| 21-6779 |
Troy Allen Hite v. Michigan |
Michigan |
2022-01-07 |
Denied |
IFP |
14th-amendment 6th-amendment constitutional-violation criminal-procedure critical-stage due-process ineffective-assistance ineffective-assistance-of-counsel michigan-state-courts procedural-default right-to-counsel |
I. IS CERTIORARI APPROPRIATE WHERE MICHIGAN STATE COURTS REFUSED TO ADDRESS PETITIONER'S DENIAL OF HIS CONSTITUTIONAL RIGHT TO COUNSEL AT A CRITICAL S… |
| 21-6762 |
Karina Lizett Juarez v. United States |
Fifth Circuit |
2022-01-05 |
Denied |
Response WaivedIFP |
administration-of-justice criminal-procedure drug-offense federal-criminal-law federal-law fifth-circuit mitigating-role sentencing-guidelines |
I. Whether the Fifth Circuit's cursory review of the facts related to a warranted mitigating adjustment under U.S.S.G. § 3B1.2 violated federal law in… |
| 21-6751 |
Rudy Mendoza v. United States |
Third Circuit |
2022-01-04 |
Denied |
Response WaivedIFP |
criminal-procedure defendant-rights deportation due-process material-evidence materiality victim witness witness-testimony |
1. WHETHER THE GOVERNMENT MUST PROVIDE NOTICE TO A DEFENDANT PRIOR TO UNILATERALLY DEPORTING THE SOLE WITNESS AND SOLE ALLEGED VICTIM OF A PENDING CRI… |
| 21-6755 |
Kenny Pugh v. Illinois |
Illinois |
2022-01-04 |
Denied |
Response WaivedIFP |
4th-amendment appellate-review criminal-procedure due-process exclusionary-rule in-forma-pauperis judicial-district legal-representation search-and-seizure state-court state-courts |
Question not identified. |
| 21-6749 |
Matthew Sullivan v. Daniel Sproul, Warden |
Seventh Circuit |
2021-12-30 |
Denied |
Response WaivedIFP |
brady-v-united-states criminal-procedure guilty-plea legal-clarification misinformation plea-validity post-conviction post-conviction-relief sentencing-enhancement statutory-penalty |
May a criminal defendant attack the validity of his guilty plea when a post conviction clarification in law reveals that he was misinformed regarding … |
| 21-961 |
Oklahoma v. Patrick Wayne Olive |
Oklahoma |
2021-12-30 |
Denied |
|
criminal-law criminal-procedure federalism jurisdiction jurisdictional-challenge mcgirt-precedent native-american-law oklahoma-sovereignty stare-decisis statutory-interpretation tribal-jurisdiction |
Whether McGirt v. Oklahoma, 140 S.Ct. 2452 (2020), should be overruled. |
| 21-949 |
George Little, Acting Secretary, Pennsylvania Department of Corrections, et al. v. Samuel Randolph |
Third Circuit |
2021-12-29 |
Denied |
|
continuance continuances counsel-of-choice criminal-defendant criminal-procedure forfeiture right-to-counsel sixth-amendment trial-court waiver |
Whether this Honorable Court should grant review to decide an important question of federal law—whether a criminal defendant can forfeit or waive his … |
| 21-6742 |
Raudel Salgado-Rodriguez v. United States |
Fifth Circuit |
2021-12-29 |
Denied |
Response WaivedIFP |
credibility-of-evidence criminal-procedure due-process evidence-credibility fair-trial judicial-discretion jury-instruction jury-instructions theory-of-defense |
Whether it violates an accused's right to a fundamentally fair trial to have a judge refuse a theory-of-defense jury instruction because the judge per… |
| 21-6744 |
Jose D. Resto-Figueroa v. United States |
First Circuit |
2021-12-29 |
Denied |
Response WaivedIFP |
4th-amendment appellate-review criminal-justice-act criminal-procedure exclusionary-rule first-circuit in-forma-pauperis pro-se-petition probable-cause search-and-seizure vehicle-search |
Question not identified. |
| 21-6746 |
Adan Ramirez-Rubio v. United States |
Fifth Circuit |
2021-12-29 |
Denied |
Response WaivedIFP |
criminal-procedure due-process indictment jury-trial prior-conviction sentencing |
Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 21-6734 |
Roger Dale Epperson v. Kentucky |
Kentucky |
2021-12-28 |
Denied |
IFP |
constitutional-law counsel-concession criminal-defense criminal-procedure defendant-autonomy due-process factual-innocence right-to-counsel trial-strategy |
1) Does McCoy apply where the defendant made clear to counsel the objective of the defense is to maintain innocence, only for counsel to then concede … |
| 21-6736 |
Steven R. Henson v. United States |
Tenth Circuit |
2021-12-28 |
GVR |
Relisted (2)IFP |
actual-knowledge appellate-review criminal-intent criminal-procedure deliberate-ignorance harmless-error jury-instructions medical-practitioner prescription-liability statutory-interpretation sufficiency-of-evidence willful-blindness |
1. Whether the erroneous issuance of a deliberate ignorance or willful blindness instruction is harmless as a matter of law and beyond appellate revie… |
| 21-940 |
Kentucky v. Jared McCarthy |
Kentucky |
2021-12-27 |
Denied |
Amici (1)Response Waived |
blood-test criminal-procedure due-process evidence evidence-admission fourth-amendment impaired-driving mandatory-minimum search-and-seizure |
1. Whether the Fourth Amendment prohibits the admission of a defendant's refusal of a blood test in an impaired-driving prosecution.
2. Whether the F… |
| 21-945 |
Wisconsin v. Manuel Garcia |
Wisconsin |
2021-12-27 |
Denied |
|
confession criminal-confession criminal-procedure cross-examination due-process evidence-exclusion fifth-amendment miranda-warning miranda-warnings misleading-jury witness-testimony |
Can a criminal defendant's cross-examination of a witness for the State, designed to mislead the jury, open the door to the introduction of the defend… |
| 21-937 |
Christopher Lee Holloway v. Minnesota |
Eighth Circuit |
2021-12-23 |
Denied |
Response Waived |
based solely on the relative age of the actor violates the constitutional right to equal-protec while permitting it to another affirmative-defense age-discrimination constitutional-rights criminal-procedure due-process equal-protection federal-law legislative-intent rational-basis |
Whether the denial of an affirmative defense to one class of offenders in a criminal case, while permitting it to another, based solely on the relativ… |
| 21-6712 |
Jermar Jamie Fuller v. Texas |
Texas |
2021-12-23 |
Denied |
Response WaivedIFP |
criminal-procedure disclosure disclosure-violation due-process exculpatory-evidence prejudice prejudice-inference speedy-trial speedy-trial-analysis |
1. The court of appeals determined that the delay caused by the State's failure to disclose exculpatory evidence did not weigh against the State under… |
| 21-6715 |
Leihinahina Sullivan v. United States District Court for the District of Hawaii |
Ninth Circuit |
2021-12-23 |
Denied |
Response WaivedIFP |
attorney-client-privilege civil-rights constitutional-rights criminal-procedure due-process federal-investigation psychotherapist-patient-privilege self-representation subpoena-validity |
Question not identified. |
| 21-6718 |
Gregory Chester and William Ford v. United States |
Seventh Circuit |
2021-12-23 |
Denied |
Response WaivedIFP |
apprendi apprendi-doctrine conspiracy-sentencing criminal-procedure grand-jury indictment presentment-clause sentencing statutory-sentencing superseding-indictment |
Whether, where Apprendi and its progeny requires the petit jury to return special findings as to individual conspiracy defendants to justify an increa… |
| 21-6724 |
Carl Thompson v. Alaska |
Alaska |
2021-12-23 |
Denied |
Response WaivedIFP |
criminal-procedure due-process habeas-corpus incompetent-counsel ineffective-assistance-of-counsel jurisdiction sixth-amendment supremacy-clause |
Can a trial court lose its jurisdiction when a defendant who has incompetent representation, that is established under prevailing Sixth Amendment stan… |
| 21-6730 |
Mehmet Fatih Biyikoglu v. United States |
Ninth Circuit |
2021-12-23 |
Denied |
Response WaivedIFP |
appellate-waiver breach-of-contract criminal-procedure district-court due-process plea-agreement plea-bargaining sentencing |
Was petitioner's appellate waiver enforceable after the district court found him in breach of his plea? |
| 21-6691 |
Aaron Hicks v. United States |
Second Circuit |
2021-12-22 |
Denied |
Response WaivedIFP |
acquitted-conduct conflict-of-interest counsel-representation criminal-procedure double-jeopardy issue-preclusion joint-trials right-to-counsel severance |
1. When a co-defendant is represented by counsel who previously represented the defendant, thereby creating an actual conflict of interest, may a cour… |
| 21-923 |
Delila Pacheco v. Oklahoma |
Oklahoma |
2021-12-22 |
Denied |
|
criminal-conviction criminal-procedure final-judgments habeas-corpus indian-law mcgirt-v-oklahoma oklahoma-law retroactivity supreme-court-precedent tribal-jurisdiction |
Whether McGirt v. Oklahoma, 140 S. Ct. 2452 (2020), applies retroactively to convictions that were final when McGirt was announced. |
| 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.
Whether the Court erred in requiring the Appellant to appear in shackles in front of … |
| 21-6685 |
Christopher Dominguez v. United States |
Tenth Circuit |
2021-12-21 |
Denied |
IFP |
criminal-procedure due-process ineffective-assistance-of-counsel informed-consent mandatory-minimum plea-agreement plea-bargaining prosecutorial-misconduct right-to-trial sentencing sentencing-guidelines |
The prosecutor, defense counsel, and the district court all informed Mr. Dominguez that if he went to trial he would face a mandatory minimum sentence… |
| 21-6689 |
Daniel Lawrence McGarry v. California |
California |
2021-12-21 |
Denied |
IFP |
criminal-procedure preliminary-hearing probable-cause sixth-amendment speedy-trial state-criminal-proceeding |
Is California's current definition of probable cause as used at preliminary hearings deficient under U.S. Supreme Court precedent, and does it thus vi… |
| 21-6661 |
Alonzo Cortez Johnson v. Jimmy Martin, Warden |
Tenth Circuit |
2021-12-20 |
Denied |
IFP |
batson-challenge batson-v-kentucky criminal-procedure habeas-corpus jury-selection peremptory-strikes racial-discrimination reconstruction-hearing waiver |
Do the normal rules of waiver apply in a situation like this to preclude a reconstruction hearing where the State has failed to offer any reasons for … |
| 21-6670 |
Eric Beverly v. United States |
Fifth Circuit |
2021-12-20 |
Denied |
Response WaivedIFP |
administration-of-justice bank-robbery beyond-reasonable-doubt criminal-appeal criminal-procedure due-process evidence-sufficiency federal-jurisdiction fifth-circuit jury-conviction standard-of-review sufficiency-of-evidence |
I. On Appeal ERIC BEVERLY nged the sufficiency of the evidence for the following jury convictions: (1) four counts of aiding and abetting bank robbery… |
| 21-6680 |
Jemaine Monteil Cannon v. Oklahoma |
Oklahoma |
2021-12-20 |
Denied |
IFP |
criminal-procedure direct-appeal final-conviction jurisdiction jurisdictional-claim mcgirt-retroactivity post-conviction postconviction-proceeding retroactivity right-to-counsel state-procedure |
1. Whether McGirt v. Oklahoma , 140 S. Ct. 2452 (2020), applies retroactively to convictions that were final when McGirt was announced.
2. Can a stat… |
| 21-6681 |
Eric Michael Crapser v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2021-12-20 |
Denied |
IFP |
circuit-split criminal-procedure ineffective-assistance ineffective-assistance-of-counsel jury-instruction jury-instructions lesser-included-offense sixth-amendment strickland-standard strickland-v-washington |
Whether the Court should resolve the following question for which there is a clear circuit split: does the Court's holding in Strickland v. Washington… |
| 21-6652 |
Salatheo Fluid v. United States |
Fourth Circuit |
2021-12-17 |
Denied |
Response WaivedIFP |
abuse-of-discretion attorney-representation criminal-procedure district-court federal-criminal-procedure federal-rules-of-criminal-procedure judicial-discretion jurisdiction legal-standing motion-for-new-trial |
WHETHER THE LOWER COURTS ABUSED THEIR RESPECTIVE DISCRETION BY DISMISSING PETITIONER'S MOTION FOR A NEW TRIAL (Fed.R.Crira.P. 33(b)), BASED ON A MOTIO… |
| 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 when the regularly con… |
| 21-6657 |
Joshua Reshi Dudley v. United States |
Eleventh Circuit |
2021-12-17 |
Denied |
IFP |
armed-career-criminal-act criminal-procedure occasions-different occasions-test prior-conviction prior-convictions sentencing sentencing-enhancement shepard-v-united-states sixth-amendment |
I. Whether the Sixth Amendment limits a sentencing court, when determining whether a defendant's prior offenses were "committed on occasions different… |
| 21-6658 |
Donald Ray Johnson v. United States |
Fifth Circuit |
2021-12-17 |
Denied |
Response WaivedIFP |
circuit-split criminal-procedure federal-courts federal-sentencing guideline-commentary judicial-deference judicial-interpretation sentencing-guidelines statutory-construction statutory-interpretation |
Whether federal sentencing courts are bound by the illustrations found in Guideline Commentary? |
| 21-6662 |
Bryant Christopher Watts v. Texas |
Texas |
2021-12-17 |
Denied |
IFP |
affirmative-defense appellate-procedure appellate-review constitutional-review criminal-procedure due-process reasonable-doubt self-defense standard-of-review sufficiency-of-evidence trial-court |
DID THE COURT OF APPEALS ERR IN AFFIRMING THE TRIAL COURT WHERE EVIDENCE IS INSUFFICIENT TO SUPPORT THE AFFIRMATIVE DEFENSE OF SELF DEFENSE BEYOND A R… |
| 21-6663 |
Asher Abid Khan v. United States |
Fifth Circuit |
2021-12-17 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review criminal-procedure district-court due-process judicial-deference remand sentencing |
Did the Court of Appeals fail to accord due deference to the district court's reasons for reimposing the same sentence after remand? |
| 21-899 |
Lauren Rosecan v. United States |
Eleventh Circuit |
2021-12-17 |
Denied |
Response Waived |
collateral-order-doctrine criminal-information criminal-procedure due-process felony grand-jury grand-jury-clause interlocutory-appeal jurisdictional-defect pretrial-motion |
Whether the denial of a pretrial motion to dismiss
a criminal information that charges, in violation of theGrand Jury Clause, felony offenses without … |
| 21-892 |
Micah James Patterson v. Virginia |
Virginia |
2021-12-16 |
Denied |
Response Waived |
appellate-jurisdiction constitution constitutional-amendment criminal-procedure double-jeopardy due-process fifth-amendment grand-jury judicial-authority |
Does any court have the authority to amend the United States Constitution by fiat and extinguish a defendant's Fifth Amendment rights? |
| 21-6616 |
Gabriel Schaaf v. Tim Shoop, Warden |
Sixth Circuit |
2021-12-16 |
Denied |
Response WaivedIFP |
criminal-procedure custodial-interrogation due-process in-custody-interrogation miranda-rights police-questioning right-to-counsel right-to-remain-silent |
Whether police must wait for counsel to be present, before questioning a suspect who has invoked his right to remain silent and to have counsel presen… |
| 21-6629 |
Jimmy Steele v. United States |
Fifth Circuit |
2021-12-16 |
Denied |
Response WaivedIFP |
appellate-review civil-rights constitutional-review criminal-procedure due-process first-step-act judicial-interpretation retroactivity sentencing state-court statutory-interpretation |
The question for review is whether, under 18 U.S.C. § 3553(a) and the Sentencing Reform Act of 1984, Congress intended that reasons in the first insta… |
| 21-6630 |
Daniel A. Rodriguez v. United States |
Eleventh Circuit |
2021-12-16 |
Denied |
Relisted (2)IFP |
28-usc-455 appeal appellate-rights criminal-procedure due-process federal-statute guilty-plea judicial-recusal recusal waiver-of-rights |
Whether an unconditional guilty plea waives a federal criminal defendant's right to appeal a district court's failure to recuse under 28 U.S.C. § 455(… |
| 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 suffered from… |
| 21-6638 |
Michael Lewis Gibbons v. Missouri |
Missouri |
2021-12-16 |
Denied |
Response WaivedIFP |
6th-amendment alleged-victim contradictory-testimony criminal-procedure due-process impartial-juror inconsistent-statements judicial-impartiality no-physical-evidence physical-evidence sixth-amendment witness-testimony |
Given
1) Inconsistent statements by the alledged victim
2) At least one statement by the alledged victim that is not physically possible
3) The 2 main… |
| 21-6640 |
Kennedy Terrell Walker v. United States |
Eleventh Circuit |
2021-12-16 |
Denied |
Response WaivedIFP |
borden-standard carjacking criminal-procedure elements-clause first-time-motion florida-robbery habeas-corpus johnson-v-united-states recidivism section-2255 sentencing violent-felony |
1. Whether a criminal defendant moving for relief under 28 U.S.C. § 2255 for the first time should be subject to the statutory hurdles applicable to m… |
| 21-6643 |
Leonus Stevenson Peterson v. United States |
Fourth Circuit |
2021-12-16 |
Denied |
Response WaivedIFP |
appellate-circuit appellate-review circuit-split criminal-procedure due-process fourth-circuit knowing-and-voluntary miscarriage-of-justice plea-waiver standard-of-review |
Did the Fourth Circuit err in finding that Petitioner's plea waiver was knowing and voluntary and then applying a stricter standard than a number of o… |
| 21-6644 |
Ashot Minasyan v. United States |
Ninth Circuit |
2021-12-16 |
Denied |
Response WaivedIFP |
appeal-waiver criminal-procedure due-process plea-agreement plea-bargaining prosecutorial-misconduct sentencing voluntary-plea |
Whether Minasyan's waiver of appeal is unenforceable for the following reasons: because it was not knowing, intelligent and voluntary, and because Min… |
| 21-6645 |
Robert Brandon Bilus v. United States |
Eleventh Circuit |
2021-12-16 |
Denied |
Response WaivedIFP |
circuit-court constitutional-interpretation criminal-procedure due-process judicial-precedent jurisdiction plea-bargaining precedent sixth-amendment |
Whether the Eleventh Circuit entered a decision that misapplies the precedent of this Court and as a result, violates the Sixth Amendment to the Unite… |
| 21-6648 |
John Cornelius Montgomery v. David Hudson, et al. |
Fifth Circuit |
2021-12-16 |
Denied |
IFP |
civil-rights constitutional-law criminal-procedure due-process free-speech standing |
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| 21-6594 |
James A. Hald, et al. v. United States |
Tenth Circuit |
2021-12-15 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
compassionate-release criminal-justice-system criminal-procedure district-court-discretion due-process extraordinary-reasons federal-prisoner-rights federal-prisons sentencing sentencing-reduction statutory-interpretation |
Whether, under 18 U.S.C. § 3582(c)(1)(A)(i), a district court must first determine whether "extraordinary and compelling reasons warrant such a reduct… |
| 21-6612 |
Brian Cavitt v. Massachusetts |
Massachusetts |
2021-12-15 |
Denied |
Response WaivedRelisted (2)IFP |
appellate-review constitutional-rights criminal-procedure dna-integrity due-process fair-trial forensic-evidence misleading-jury perjury quality-assurance trial-procedure |
1) Where an incomplete dvi prflle allegedly fom @ Knife handle ,is frlsely ~
scremkfreally cmduded to be a'match' bo a vickins complete DNA profile,
… |
| 21-6620 |
Tormu Prall v. Andrew J. Bruck, Acting Attorney General of New Jersey, et al. |
Third Circuit |
2021-12-15 |
Denied |
Response WaivedIFP |
chain-of-custody criminal-procedure due-process evidence evidence-tampering fundamental-fairness prosecutorial-misconduct witness-testimony |
1). While incarcerated at the county jail between October 2008
and February 04, 2010, state witnesses Jeneya Richardson and
Kimberly Meadows wrote the… |
| 21-6622 |
Rufus Lawson, Jr. v. Officer West, et al. |
Fourth Circuit |
2021-12-15 |
Denied |
IFP |
8th-amendment criminal-procedure due-process excessive-fines statutory-interpretation tax-evasion |
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| 21-6623 |
Gustav Kloszewski v. United States |
Second Circuit |
2021-12-15 |
Denied |
Response WaivedIFP |
attorney-client-privilege constitutional-rights court-appointed-counsel criminal-procedure fifth-amendment ineffective-assistance-of-counsel sixth-amendment |
Was Kloszewski's Fifth and Sixth amendment rights violated when court appointed counsel divulged conversations of other uncharged/unrelated offenses i… |
| 21-6631 |
Jorge Ivan Vazquez-Medrano v. United States |
Fifth Circuit |
2021-12-15 |
Denied |
Response WaivedIFP |
criminal-procedure indictment jury-trial prior-conviction sentencing statutory-maximum |
Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 21-6634 |
Roy Cornell Johnson v. United States |
Fifth Circuit |
2021-12-15 |
Denied |
Response WaivedIFP |
assistance-of-counsel constitutional-right constitutional-rights criminal-procedure due-process fifth-circuit-standard ineffective-assistance-of-counsel pro-se-representation right-to-counsel sentencing sentencing-stage |
1. Was the Petitioner afforded his Constitutional Right to accurate assistance of Counsel in his sentencing stage.
2. Did Petitioner fail to prosecut… |
| 21-883 |
Glen D. Gore v. Oklahoma |
Oklahoma |
2021-12-15 |
Denied |
|
chickasaw-nation conviction-finality criminal-procedure federal-native-american-relations habeas-corpus indian-major-crimes-act judicial-precedent McGirt-retroactivity mcgirt-v-oklahoma Oklahoma-law retroactivity substantive-rule |
Whether McGirt v. Oklahoma, 140 S. Ct. 2452 (2020), applies retroactively to convictions that were final when McGirt was decided. |
| 21-884 |
Blake Fields v. United States |
First Circuit |
2021-12-15 |
GVR |
Relisted (2) |
criminal-procedure district-court factual-developments first-step-act intervening-factual-developments intervening-legal-developments legal-developments reduced-sentence sentencing sentencing-reduction statutory-interpretation |
Whether, when deciding if it should "impose a reduced sentence" on an individual under Section 404(b) of the First Step Act of 2018, 21 U.S.C. § 841 n… |
| 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… |
| 21-6579 |
Cesar Hidrogo-Marin v. United States |
Fifth Circuit |
2021-12-14 |
Denied |
Response WaivedIFP |
alleyne-rule almendarez-torres appellate-procedure apprendi-rule constitutional-law criminal-law criminal-procedure due-process precedent-analysis sentencing statutory-interpretation supreme-court-review |
Whether this Court should consider the continuing validity of Almendarez- Torres v. United States, 523 U.S. 244 (1998) , in light of the reasoning of … |
| 21-6602 |
Brandon Christian v. Scott Crow, Director, Oklahoma Department of Corrections |
Tenth Circuit |
2021-12-14 |
Denied |
IFP |
criminal-procedure due-process factual-basis habeas-corpus plea-bargaining plea-validity sentencing statutory-interpretation |
In petitioner §2254 petition, Petitioner raises this question of error?
The plea was not entered knowingly and voluntarily because the trial court fa… |
| 21-6606 |
Akil Tymes v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2021-12-14 |
Denied |
IFP |
counsel-communication criminal-procedure duty-to-communicate favorable-plea-offer ineffective-assistance ineffective-assistance-of-counsel missouri-v-frye plea-bargaining sixth-amendment strickland-standard strickland-v-washington |
1) Does counsel perform deficiently in duties/responsibility, to fully
inform a defendant during the plea bargaining process, per Missouri v.
Frve. 13… |
| 21-6609 |
Christopher Coffer v. United States |
Sixth Circuit |
2021-12-14 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-sentencing defendant-health due-process health-issues judicial-discretion medical-disadvantage mitigation-factors sentencing sentencing-guidelines sentencing-variance variance |
What is the extent of medical disadvantage that a
defendant must present in order to secure a variance
based on ill health? |
| 21-6610 |
Cody Allen Bruner v. Oklahoma |
Oklahoma |
2021-12-14 |
Denied |
IFP |
criminal-conviction criminal-procedure due-process final-judgment finality-of-judgments habeas-corpus mcgirt oklahoma retroactivity statutory-interpretation supreme-court tribal-jurisdiction |
Whtf McGirf ]/. j^O s, c>i,
(lbzo)j applies ~h) to/hJittiofls
Anft\ 4]hen W&S an^uAtcl,u3t(t, |
| 21-6570 |
Bo Jack Kelley v. United States |
Fifth Circuit |
2021-12-13 |
Denied |
Response WaivedIFP |
constitutional-law constitutional-rights criminal-procedure due-process federal-sentencing judicial-fact-finding jury-trial reasonable-doubt sentencing |
Whether facts that affect the minimum or maximum reasonable federal sentence must be proven to a jury beyond a reasonable doubt? |
| 21-6572 |
Jose Luis Ramos-Ramos v. United States |
Fifth Circuit |
2021-12-13 |
Denied |
Response WaivedIFP |
case-law constitutional-law criminal-procedure due-process fifth-circuit judicial-precedent jury-trial sentencing statutory-interpretation supreme-court supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-6582 |
Genaro Alberto Nunez-Ugarte v. United States |
Fifth Circuit |
2021-12-13 |
Denied |
Response WaivedIFP |
Almendarez-Torres case-precedent criminal-procedure due-process fifth-circuit judicial-review jury-trial legal-challenge sentencing Supreme-Court supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-6583 |
Roger Edward Picard v. United States |
First Circuit |
2021-12-13 |
Denied |
Response WaivedIFP |
appeal criminal-procedure due-process judicial-discretion jurisdiction jurisdictional-challenge mental-health-assessment rule-35 rule-35-motion sentencing sentencing-procedure |
i. Did the First Circuit err in denying a jurisdictionally sound motion filed pursuant to Fed.R.Crim.P. 35(a), where the district court simply ignored… |
| 21-6584 |
Gregory Donell Eatmon v. United States |
Eleventh Circuit |
2021-12-13 |
GVR |
Relisted (2)IFP |
18-u.s.c.-3553(a) criminal-procedure district-court-discretion first-step-act section-404(b) sentencing sentencing-factors sentencing-guidelines statutory-interpretation u.s.-sentencing-guidelines |
This Court recently granted certiorari in Concepcion v. United States, No. 201650, on the question of whether, when deciding if it should "impose a re… |
| 21-6585 |
Freddy Crespo v. United States |
Eleventh Circuit |
2021-12-13 |
Denied |
Response WaivedIFP |
buck-v-davis certificate-of-appealability circuit-split criminal-procedure due-process eleventh-circuit habeas-corpus miller-el-v-cockrell supreme-court-precedent |
1. Whether the Eleventh Circuit's rule that a certificate of appealability cannot be granted where an issue is foreclosed by circuit precedent conflic… |
| 21-6587 |
Marcus Termaine Darden v. United States |
Sixth Circuit |
2021-12-13 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure due-process evidence expert-testimony gang-expert harmless-error hearsay hearsay-testimony sixth-circuit |
I DID THE SIXTH CIRCUIT COURT OF APPEALS ERR BY HOLDING THE DISTRICT COURT'S ERRORS IN ADMITTING POLICE "GANG EXPERT" AND OTHER HEARSAY TESTIMONY WERE… |
| 21-870 |
Michigan v. Treshaun Lee Terrance |
Michigan |
2021-12-13 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
ashe-v-swenson constitutional-law criminal-procedure double-jeopardy issue-preclusion jury-acquittal michigan-courts perpetrator-identity yeager-v-us |
1. Since issue preclusion is a civil doctrine and not originally part of the double jeopardy clause, should it apply in criminal cases? Should Ashe v … |
| 21-872 |
Amoneo Lee v. Shannon Meyer, Warden, et al. |
Tenth Circuit |
2021-12-13 |
Denied |
Response Waived |
aedpa-tolling alleyne-rule collateral-review criminal-procedure due-process habeas-corpus innocence retroactivity sentencing statute-of-limitations substantive-law |
1. Whether AEDPA's one-year statute of limitations should be equitably tolled because the Petitioner is innocent of the non-capital Hard 40 sentence?
… |
| 21-6556 |
Richard Bernard Grundy, III v. United States |
Seventh Circuit |
2021-12-10 |
Denied |
Response WaivedIFP |
court-appointed-counsel criminal-procedure due-process faretta-v-california fifth-amendment judicial-discretion self-representation sixth-amendment |
Whether the United States Court of Appeals for the Seventh Circuit and the District Court deprived Richard Grundy of his Fifth and Sixth Amendment rig… |
| 21-6557 |
Tekoa Glover v. United States |
Fourth Circuit |
2021-12-10 |
Denied |
Response WaivedIFP |
appellate-review circuit-split criminal-procedure guilty-plea non-jurisdictional-claim sixth-amendment waiver withdrawal |
DID THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT ERR BY RULING THAT MR. GLOVER WAIVED HIS SIXTH AMENDMENT CLAIMS BY ENTERING A GUILTY PLE… |
| 21-6563 |
Hector Sanchez-Torres v. Florida |
Florida |
2021-12-09 |
Denied |
IFP |
coerced-confessions coercive-police-activity colorado-v-connelly confession-voluntariness criminal-procedure due-process law-enforcement-threats motivating-cause police-misconduct probable-cause quid-pro-quo voluntariness |
1. Whether the appropriate interpretation of Colorado v. Connelly's "essential link" between coercive police activity and a suspect's confession is a … |
| 21-6568 |
Manuel Nunez-Gonzalez v. United States |
Fifth Circuit |
2021-12-09 |
Denied |
Response WaivedIFP |
criminal-procedure due-process jury-trial prior-conviction sentencing statutory-maximum |
I. Whether all facts —including the fact of a prior conviction —
that increase a defendant's statutory maximum must be
pleaded in the indictment and … |
| 21-6547 |
Richard Lynn Long, Jr. v. Darrel Vannoy, Warden |
Fifth Circuit |
2021-12-08 |
Denied |
Response WaivedIFP |
competency competency-evaluation criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel judicial-review mental-health plea-agreement right-to-counsel |
Mr. Long asserts that his trial counsel was ineffective for failing to notify the court of the contents of aneuropshychologica! report that found he w… |
| 21-851 |
Richa Narang v. United States |
Fourth Circuit |
2021-12-08 |
Denied |
|
burden-of-proof criminal-procedure due-process grand-jury indictment jurisdiction mens-rea reinstatement statute |
1. Whether a district court has jurisdiction to try a defendant upon a finally dismissed indictment that the government has never sought to reinstate,… |
| 21-852 |
Christopher D. Lischewski v. United States |
Ninth Circuit |
2021-12-08 |
Denied |
Amici (1)Response RequestedResponse WaivedRelisted (2) |
antitrust constitutional-principle criminal-antitrust criminal-procedure due-process jury-trial per-se-rule reasonable-doubt separation-of-powers sherman-act |
The Sherman Act, 15 U.S.C. § 1, prohibits any contract or combination "in restraint of trade or commerce." This Court has long held that Congress inte… |
| 21-6534 |
Wilfredo Rodriguez v. United States |
Eleventh Circuit |
2021-12-07 |
Denied |
Response WaivedIFP |
constitutional-review criminal-procedure due-process general-verdict harmless-error jury-verdict residual-clause sentencing-enhancement statutory-interpretation vagueness vagueness-doctrine |
Whether a conviction obtained in reliance on an unconstitutionally vague residual clause in 18 U.S.C. § 924(c)(3)(B) may be sustained based on a revie… |
| 21-6537 |
Stephen Condon Peters v. United States |
Fourth Circuit |
2021-12-07 |
Denied |
Response WaivedIFP |
asset-forfeiture asset-restraint counsel-of-choice criminal-procedure due-process financial-conflict luis-v-united-states right-to-counsel sixth-amendment |
Does it violate this Court's holding in Luis U. United States and the Sixth Amendment, where the trial court deprives a defendant of the use of untain… |
| 21-6541 |
Jesus Corona v. James Hill, Acting Warden |
Ninth Circuit |
2021-12-07 |
Denied |
Response WaivedIFP |
criminal-procedure habeas-corpus preliminary-hearing presumption-of-vindictiveness prima-facie-case procedural-default prosecutorial-discretion sentencing vindictive-prosecution |
1. Does a criminal defendant state a prima facie case of vindictive
prosecution, trigging a presumption of vindictiveness, when the day after he
succe… |
| 21-6542 |
Juan Trujillo v. United States |
Fifth Circuit |
2021-12-07 |
Denied |
Response WaivedIFP |
appellate-review clear-error criminal-procedure judicial-discretion limited-remand plain-error remand-standard sentencing sentencing-error statutory-maximum substantial-rights |
This Court in Molina-Martinez v. United States advised that courts of appeals may order a limited remand to assess the impact of clear error on the de… |
| 21-6550 |
Wade Lay v. Aboutanaa El Habti, Warden, et al. |
Tenth Circuit |
2021-12-07 |
Denied |
IFP |
8th-amendment appellate-procedure civil-liberties civil-rights constitutional-rights criminal-procedure death-penalty due-process execution judicial-discretion standing |
Whether a prisoner may appeal to the United States Supreme Court under 28 U.S.C. § 1254 to contest his grounds under the Correct Constitution, regardi… |
| 21-6512 |
Jason Kiger v. Tim Hooper, Warden |
Louisiana |
2021-12-06 |
Denied |
Response WaivedIFP |
capital-offense constitutional-interpretation constitutional-law criminal-procedure criminal-statute due-process jury-trial legislative-amendment legislative-power sixth-amendment statutory-interpretation unanimous-verdict |
Louisiana voted to change its Constitution to require unanimous verdicts in non-capital cases where they were not required before. In 1997 and 1998, w… |
| 21-6514 |
Jorge Hernandez Rivera v. United States |
Fourth Circuit |
2021-12-06 |
Denied |
Response WaivedIFP |
armed-career-criminal-act criminal-procedure elements-of-crime felon-in-possession firearm-offense information-defect second-amendment sentencing sentencing-enhancement |
WHETHER AN INFORMATION IS DEFECTIVE FOR FAILING TO STATE THE PROPER ELEMENTS FOR THE CRIME OF FELON IN POSSESSION OF A FIREARM
WHETHER THE ACCA BAN B… |
| 21-6518 |
Kassie Bond Carpenter v. United States |
Fifth Circuit |
2021-12-06 |
Denied |
Response WaivedIFP |
constitutional criminal-procedure federal-courts guideline sentencing statutory |
Whether application of 18 U.S.C. §3147 increases the total range of imprisonment to which the defendant may be subject? |
| 21-6525 |
George Patrick v. United States |
Sixth Circuit |
2021-12-06 |
Denied |
Response WaivedIFP |
class-of-felony criminal-procedure error-correction felony-classification judicial-authority revocation-hearing sentencing sentencing-correction statutory-interpretation supervised-release |
A sentence imposed upon revocation of supervised release is governed by the class of felony determined at the time of the original sentence. 18 U.S.C.… |
| 21-6528 |
Tushkahomma J. Leon v. Oklahoma |
Oklahoma |
2021-12-06 |
Denied |
IFP |
criminal-conviction criminal-procedure juvenile-justice mcgirt-retroactivity miller-v-alabama retroactivity state-procedural-bar subject-matter-jurisdiction tribal-jurisdiction |
1. Whether McGirt v. Oklahoma, 140 S.Ct. 2452 (2020), applies retroactively to convictions that were final when McGirt was announced?
2. Is Oklahoma'… |
| 21-6529 |
Brandon Lamont Jenkins v. Oklahoma |
Oklahoma |
2021-12-06 |
Denied |
IFP |
constitutional-challenge criminal-conviction criminal-procedure matloff-v-wallace mcgirt-retroactivity mcgirt-v-oklahoma retroactivity state-procedural-bar subject-matter-jurisdiction tribal-sovereignty |
1. Whether McGirt v. Oklahoma, 140 S.Ct. 2452 (2020), applies retroactively to convictions that were final when McGirt was announced?
2. Is Oklahoma'… |
| 21-6530 |
Tyreese Thompson v. United States |
Eighth Circuit |
2021-12-06 |
Denied |
Response WaivedIFP |
Almendarez-Torres constitutional-interpretation criminal-procedure criminal-sentencing due-process jury-determination jury-trial precedent-review reasonable-doubt sentencing statutory-maximum |
Do any facts that increases the penalty for a crime beyond the prescribed statutory maximum need to be submitted to a jury, and proved beyond a reason… |
| 21-6533 |
Jabari J. Johnson v. Kathleen McGuire, et al. |
Tenth Circuit |
2021-12-06 |
Denied |
IFP |
civil-procedure civil-rights constitutional-claims constitutional-law criminal-procedure due-process federal-precedent habeas-corpus jurisdiction standing state-court-review |
1. Plaitiff ask thesapreme Court did the dislnct coast abuse their clesurelion regarding issue A?
or wns the distrit (ourt Ceary erronpous?
2. Plaiit… |
| 21-835 |
Otha Ray Flowers v. United States |
Fifth Circuit |
2021-12-06 |
Denied |
|
4th-amendment criminal-procedure fourth-amendment high-crime-area illinois-v-wardlow law-enforcement reasonable-suspicion terry-stop terry-v-ohio |
Whether conduct that is consistent with either lawful or unlawful behavior, and in which law-abiding members of the general public routinely engage, c… |
| 21-6475 |
Mark Hollingsworth v. Maryland |
Maryland |
2021-12-03 |
Denied |
IFP |
brady-violation closing-argument criminal-procedure due-process false-testimony jury-argument napue-v-illinois napue-violation prosecutorial-misconduct right-to-fair-trial |
Did the Maryland State Courts err in finding that the Prosecutor did not violate Napue v. Illinois, 360 U.S. 264 (1959) when the Prosecutor argued to … |
| 21-6503 |
Pradeep Gupte v. University of Connecticut |
Second Circuit |
2021-12-03 |
Denied |
Response WaivedIFP |
appellate-review child-pornography civil-procedure civil-rights constitutional-challenge criminal-procedure criminal-statute due-process federal-criminal-law federal-jurisdiction standing statutory-interpretation |
Question not identified. |
| 21-6510 |
Luis Solis-Vasquez v. United States |
First Circuit |
2021-12-03 |
Denied |
Response WaivedIFP |
crime-of-violence criminal-procedure due-process elements-of-offense federal-statute jury-determination jury-instructions mandatory-victim-restitution RICO rico-offense state-law state-law-predicates |
1. Whether state law RICO predicates are elements of a RICO offense that must be found by the jury.
2. Whether aggravated RICO conspiracy is properly… |
| 21-6489 |
Edward F. Swanson v. Texas |
Texas |
2021-12-02 |
Denied |
IFP |
constitutional-challenge criminal-procedure double-jeopardy due-process indictment judicial-discretion jury-trial preponderance-standard sentencing statutory-scheme |
Question not identified. |
| 21-6491 |
Lucas Montagne v. United States |
Eighth Circuit |
2021-12-02 |
Denied |
Response WaivedIFP |
appellate-review circuit-split criminal-law criminal-procedure exception illegal-sentence invited-error judicial-procedure legal-error sentencing |
1. Should an exception to the doctrine of invited error be recognized in a case in which an illegal sentence is imposed?
2. Should an exception to th… |
| 21-6492 |
Jaime Galvez v. William Muniz, Warden |
Ninth Circuit |
2021-12-02 |
Denied |
IFP |
criminal-procedure defendant-rights directed-verdict due-process federal-law harmless-error insanity-defense right-to-remain-silent trial-court-error |
1. Is it clearly established federal law within the meaning of 28 U.S.C. § 2254(d)(1) that a trial court's error, of forcing a criminal defendant to t… |
| 21-6493 |
Jarrett Alvin Kinley v. Pennsylvania |
Pennsylvania |
2021-12-02 |
Denied |
IFP |
criminal-procedure due-process false-evidence false-testimony napue-v-illinois napue-violation polygraph polygraph-testimony prosecutorial-misconduct witness-credibility |
Petitioner was subject to a pretrial polygraph by his bondsman for "risk assessment" purposes as a condition of his bond. The polygraph examiner testi… |
| 21-6494 |
Benjamin Robert Cole v. Oklahoma |
Oklahoma |
2021-12-02 |
Denied |
IFP |
criminal-conviction criminal-procedure final-judgments habeas-corpus indian-law mcgirt-v-oklahoma oklahoma-law retroactivity supreme-court-precedent tribal-jurisdiction |
Whether McGirt v. Oklahoma, 140 S. Ct. 2452 (2020), applies retroactively to convictions that were final when McGirt was announced. |
| 21-6452 |
Donnell Murray v. United States |
Second Circuit |
2021-12-01 |
Denied |
Response WaivedIFP |
aiding-and-abetting conviction count-one criminal-procedure davis insufficient-evidence jury-instruction predicate-acts racketeering trial-errors |
1. Whether Murray's conviction on Count One should be reversed because there is insufficient evidence after Davis that the jury found two or more pred… |
| 21-6462 |
Clarence Rozell Goode, Jr. v. Oklahoma |
Oklahoma |
2021-12-01 |
Denied |
IFP |
criminal-conviction criminal-procedure final-judgment habeas-corpus indian-law mcgirt-v-oklahoma oklahoma-law retroactive-application retroactivity supreme-court-precedent tribal-jurisdiction |
Whether McGirt v. Oklahoma, 140 S. Ct. 2452 (2020), applies retroactively to convictions that were final when McGirt was announced. |
| 21-6464 |
John Fitzgerald Hanson v. Oklahoma |
Oklahoma |
2021-12-01 |
Denied |
IFP |
convictions criminal-conviction criminal-procedure final-judgments habeas-corpus indian-law mcgirt-v-oklahoma oklahoma-law retroactivity supreme-court-precedent tribal-jurisdiction |
Whether McGirt v. Oklahoma, 140 S. Ct. 2452 (2020), applies retroactively to convictions that were final when McGirt was announced. |
| 21-6465 |
Andrew John Gibson v. United States |
Ninth Circuit |
2021-12-01 |
Denied |
Response WaivedIFP |
appellate-review constitutional-challenge criminal-procedure due-process non-delegation-doctrine overbreadth sentencing-conditions supervised-release third-party-notification vagueness |
L. Must federal appellate courts adjudicate direct appeal challenges to the illegality or unconstitutionality of supervised release conditions imposed… |
| 21-6466 |
Ernest Romond Gibbs, Jr. v. United States |
Eleventh Circuit |
2021-12-01 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
circuit-split criminal-procedure direct-appeal judicial-discretion pepper-v-united-states post-sentencing-rehabilitation resentencing sentencing sentencing-evidence |
In Pepper v. United States, 562 U.S. 476 (2011), this Court held that a district court, in resentencing a defendant, may consider evidence of post-sen… |
| 21-6468 |
Joshua Fernandes v. Massachusetts |
Massachusetts |
2021-12-01 |
Denied |
Response WaivedIFP |
age-discrimination constitutional-rights criminal-procedure due-process equal-protection fair-cross-section jury-selection peremptory-challenge race-neutral-reasons |
Whether age should be considered a protected class, and whether the exclusion of all young potential jurors violates the Equal Protection Clause.
Whe… |
| 21-6469 |
Glen Campbell v. J. LaManna |
Second Circuit |
2021-12-01 |
Denied |
IFP |
cause-and-prejudice constitutional-claims counsel-ineffectiveness criminal-procedure evidentiary-hearing prosecutorial-misconduct sixth-amendment |
1). Whether the District Court overlooked Constitutional Claims and
Cause and Prejudice.
2). Whether petitioner was intitled to an Evidentiary Hearin… |
| 21-6470 |
Michael George Kogianes v. Edward Jensen, et al. |
Ninth Circuit |
2021-12-01 |
Denied |
Relisted (2)IFP |
administrative-law criminal-procedure due-process federal-court federal-rights state-court |
Question not identified. |
| 21-6481 |
General Grant Wilson v. Wisconsin |
Wisconsin |
2021-12-01 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
constitutional-rights criminal-procedure due-process evidence ineffective-assistance ineffective-assistance-of-counsel prejudice standing third-party-perpetrator wisconsin-law |
1. Whether the limitations that Wisconsin places on a criminal defendant seeking to introduce third-party-perpetrator evidence are consistent with the… |
| 21-6436 |
Korey Stewart v. United States |
Second Circuit |
2021-11-30 |
Denied |
Response WaivedIFP |
4th-amendment civil-rights constitutional-rights criminal-procedure due-process fourth-amendment probable-cause search-and-seizure speedy-trial |
1) Re—quesshoa greseaked is whedner a veasondble
Kv oined low enforcement officer could Wave concluded
Nna Yo evidence ovaidde So Xe agents ol Yoo
Lam… |
| 21-6439 |
John Joseph Rushinsky, Jr. v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. |
Ninth Circuit |
2021-11-30 |
Denied |
Response WaivedIFP |
burden-of-proof constitutional-rights criminal-law criminal-procedure due-process habeas-corpus ineffective-assistance-counsel ineffective-assistance-of-counsel prejudice strickland-standard |
1. May the state, consistent with Due Process, sweepingly criminalize a broad range of conduct embracing both innocent and culpable behavior and assig… |
| 21-6441 |
Sonny Scott v. United States |
Fifth Circuit |
2021-11-30 |
Denied |
Response WaivedIFP |
4th-amendment attorney-performance constitutional-rights criminal-procedure ineffective-assistance-of-counsel motion-to-suppress search-and-seizure strickland-standard strickland-v-washington warrantless-search |
Was counsel's refusal to file a meritorious, dispositive motion to suppress the fruits of a warrantless search unreasonable under Strickland v. Washin… |
| 21-6448 |
Joseph D. Brown v. United States |
Sixth Circuit |
2021-11-30 |
GVR |
Relisted (4)IFP |
acca career-criminal-act criminal-law criminal-procedure occasions-different occasions-test sentencing sentencing-enhancement statutory-interpretation temporal-analysis |
1. Should the courts employ a purely temporal approach or a "totality of the circumstances" test when interpreting the Career Criminal Act's phrase, "… |
| 21-6449 |
Pizarro Thomas v. United States |
Fifth Circuit |
2021-11-30 |
Denied |
Response WaivedIFP |
4th-amendment criminal-conduct criminal-procedure fourth-amendment law-enforcement-conduct police-policy reasonable-suspicion terry-stop terry-v-ohio warrantless-seizure |
QUESTION 1 : WAS THERE "REASONABLE SUSPICION" JUSTIFYING PETITIONER'S STOP AND FRISK UNDER TERRY WHEN THE OFFICERS EFFECTING THE "STOP " DID NOT OBSER… |
| 21-6450 |
Steven Zinnel v. United States |
Ninth Circuit |
2021-11-30 |
Denied |
Response WaivedIFP |
apprendi-v-new-jersey criminal-procedure gall-v-united-states jury-determination sentencing sentencing-enhancement sentencing-guidelines sixth-amendment substantive-reasonableness substantive-unreasonableness |
Any fact that increases the penalty to which a defendant is exposed constitutes an element of a crime under and must be found by a jury, not a judge. … |
| 21-6457 |
Ervin Anibar Lopez-Ordonez v. United States |
Fifth Circuit |
2021-11-30 |
Denied |
Response WaivedIFP |
appellate-procedure certiorari constitutional-interpretation constitutional-law criminal-law criminal-procedure due-process judicial-review precedent sentencing supreme-court supreme-court-precedent |
Whether this Court should consider the continuing validity of Almendarez-Torres v. United States, 523 U.S. 244 (1998), in light of the reasoning of Ap… |
| 21-6459 |
Daniel Lowell v. United States |
Tenth Circuit |
2021-11-30 |
Denied |
Response WaivedIFP |
18-usc-1(a) carjacking criminal-procedure criminal-statute defendant-burden federal-criminal-law felony-murder-rule legal-standard temporary-safety |
When applying the felony murder rule under 18 U.S.C. § 1(a) to the crime of carjacking, what must a defendant show to establish that he has reached a … |
| 21-6460 |
Truman Jones v. United States |
Third Circuit |
2021-11-30 |
Denied |
Response WaivedIFP |
criminal-procedure dismissal-with-prejudice due-process judicial-discretion prejudice remand sixth-amendment speedy-trial speedy-trial-act statutory-interpretation |
1. Whether the district court's refusal to accurately compute the extent of a Speedy Trial Act violation and to consider the government's district wid… |
| 21-6463 |
William Martin Cresham v. California |
California |
2021-11-30 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure domestic-violence due-process evidence evidence-law prior-acts propensity propensity-evidence |
This case presents the question this Court acknowledged was "left open" in Estelle v. McGuire, 502 U.S. 62, 75, fn. 5 (1991): "whether a state law wou… |
| 21-793 |
Pennsylvania v. William Henry Cosby, Jr. |
Pennsylvania |
2021-11-30 |
Denied |
|
14th-amendment criminal-charges criminal-procedure double-jeopardy due-process fourteenth-amendment immunity immunity-promise press-release prosecutorial-discretion |
When a prosecutor publicly announces that he will not file criminal charges based on lack of evidence, does the Due Process Clause of the Fourteenth A… |
| 21-6431 |
Vegas D. Smith v. United States |
Fourth Circuit |
2021-11-29 |
Denied |
IFP |
abuse-of-discretion appeals appellate-review career-offender criminal-procedure explanation judicial-discretion procedural-error record sentencing sentencing-modification statutory-interpretation |
Did the Court of Appeals for the Fourth Circuit commit error when it affirmed the District Court's decision to deny petitioner's motion filed under 18… |
| 21-6432 |
James Chandler Ryder v. Oklahoma |
Oklahoma |
2021-11-29 |
Denied |
IFP |
criminal-conviction criminal-procedure final-judgments habeas-corpus indian-law mcgirt-v-oklahoma oklahoma-law retroactivity supreme-court-precedent tribal-jurisdiction |
Whether McGirt v. Oklahoma, 140 S. Ct. 2452 (2020), applies retroactively to convictions that were final when McGirt was announced. |
| 21-6433 |
Jaimian Rashaad Sims v. United States |
Fifth Circuit |
2021-11-29 |
Denied |
Response WaivedIFP |
administration-of-justice beyond-reasonable-doubt criminal-procedure due-process federal-criminal-cases fifth-circuit-review jury-conviction sex-trafficking standard-of-review sufficiency-of-evidence |
I. On Appeal JAIMIAN RASHAAD SIMS challenged the following: (1) the sufficiency of the evidence for the jury conviction for conspiracy to sex traffic … |
| 21-6434 |
Robert Alan Fratta v. Texas |
Texas |
2021-11-29 |
Denied |
IFP |
aiding-and-abetting constitutional-violation criminal-procedure due-process habeas-corpus indictment jury-charge jury-instructions law-of-parties |
1) CAN A LAW OF PARTIES (OR AIDING AND ABETTING) BE ADDED TO A
JURY CHARGE WHEN A PERSON IS INDICTED AS THE ONLY ACTOR TO
COMMIT AN OFFENSE?
2) IS U.… |
| 21-6440 |
Jemaine Monteil Cannon v. Oklahoma |
Oklahoma |
2021-11-29 |
Dismissed |
IFP |
criminal-conviction criminal-procedure final-judgment final-judgments habeas-corpus indian-law judicial-interpretation McGirt-precedent mcgirt-v-oklahoma procedural-law retroactivity |
Whether McGirt v. Oklahoma , 140 S. Ct. 2452 (2020), applies retroactively to convictions that were final when McGirt was announced. |
| 21-6442 |
Armando Cardon-Cortez, aka Vatto v. United States |
Eleventh Circuit |
2021-11-29 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure due-process habeas-corpus ineffective-assistance post-conviction |
Question not identified. |
| 21-6443 |
Shaun Michael Bosse v. Oklahoma |
Oklahoma |
2021-11-29 |
Denied |
IFP |
criminal-conviction criminal-procedure final-judgment final-judgments habeas-corpus indian-law judicial-interpretation McGirt-precedent mcgirt-v-oklahoma procedural-law retroactivity |
Whether McGirt v. Oklahoma, 140 S. Ct. 2452 (2020), applies retroactively to convictions that were final when McGirt was announced. |
| 21-6402 |
Nyambui Joe Gipson v. United States |
Fifth Circuit |
2021-11-24 |
Denied |
Response WaivedIFP |
criminal-procedure due-process miscarriage-of-justice plea-agreements sentencing waivers-of-appeal |
Whether this Court should recognize a "miscarriage of justice" exception to waivers of appeal in plea agreements? |
| 21-6404 |
Ngoc Hong Nguyen v. United States |
Fifth Circuit |
2021-11-24 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fifth-amendment parole sentencing sixth-amendment |
Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments? |
| 21-6405 |
Ashley McArthur v. Florida |
Florida |
2021-11-24 |
Denied |
IFP |
5th-amendment 6th-amendment criminal-procedure custodial-interrogation due-process fifth-amendment involuntary-confession law-enforcement miranda-rights self-incrimination waiver-of-rights |
Whether a law enforcement officer's minimization/downplaying of a defendant's rights set forth in Miranda v. Arizona, 384 U.S. 436 (1966), renders a s… |
| 21-6408 |
James A. Harnage v. Janine Brennan, et al. |
Second Circuit |
2021-11-24 |
Denied |
Response WaivedIFP |
administrative-law civil-rights constitutional-interpretation contract criminal-procedure defendant-rights due-process judicial-discretion plea-agreement settlement-agreement state-action |
1. Whether A state violates The Express Terms of A settlement Agreament By Failing To Inform The Decison Maker of Ther Authorlty To Grant Approvals Th… |
| 21-6409 |
Stephen Harmer v. Eric Armel, Superintendent, State Correctional Institution at Fayette, et al. |
Third Circuit |
2021-11-24 |
Denied |
Response WaivedIFP |
attorney automatic-reversal conflict-of-interest criminal-procedure defendant due-process holloway-doctrine ineffective-assistance judicial-inquiry sixth-amendment trial-judge |
1. Does Holloway demand automatic reversal when a trial judge fails to inquire into a known conflict that a defendant could not object to because his … |
| 21-6412 |
Rebecca Stampe v. United States |
Sixth Circuit |
2021-11-24 |
GVR |
IFP |
brady-disclosure criminal-procedure due-process evidence-review government-disclosure in-camera-review materiality materiality-standard prosecutorial-discretion |
Can the district court, consistent with Brady and its progeny, refuse in camera review of evidence that is plausibly subject to disclosure under Brady… |
| 21-6419 |
Roberto Aguilar-Hernandez v. United States |
Fifth Circuit |
2021-11-24 |
Denied |
Response WaivedIFP |
criminal-procedure due-process jury-trial prior-conviction sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 21-6425 |
Maycol Mendez-Maradiaga v. United States |
Eleventh Circuit |
2021-11-24 |
Denied |
Response WaivedIFP |
criminal-procedure drug-activity entrapment government-inducement inconsistent-verdicts jury-verdicts predisposition prior-experience willing-participant |
1. In an entrapment case where the defendant has met his burden on the threshold element of inducement, may the government establish predisposition me… |
| 21-6429 |
Randall T. Deviney v. Florida |
Florida |
2021-11-24 |
Denied |
IFP |
aggravating-factors alleyne-v-united-states apprendi-v-new-jersey capital-sentencing criminal-procedure due-process eighth-amendment fourteenth-amendment functional-elements hurst-v-florida ring-v-arizona |
I. The Due Process Clause requires the existence of an element of a crime to be determined beyond a reasonable doubt. See Apprendi v. New Jersey, 530 … |
| 21-780 |
Ewin Oscar Martinez v. United States |
Eleventh Circuit |
2021-11-24 |
Denied |
Response Waived |
18-usc-2119 actual-innocence carjacking carjacking-statute crime-of-violence criminal-procedure habeas-corpus procedural-default residual-clause |
Ewin Oscar Martinez was convicted in 2000 of using and carrying a firearm during a "crime of violence" in violation of 18 U.S.C. § 924(c), based upon … |
| 21-764 |
Patrick Huff v. Florida |
Florida |
2021-11-23 |
Denied |
Amici (2)Response RequestedResponse WaivedRelisted (2) |
constitutional-rights courtroom-closure criminal-procedure first-amendment public-access sixth-amendment trial-procedure waller-analysis waller-v-georgia |
Whether, as the court below and two other states hold, trial courts may close a courtroom pursuant to a closure statute without undertaking the Waller… |
| 21-6379 |
Keith R. Gomez v. Ron Haynes, Superintendent, Stafford Creek Corrections Center |
Ninth Circuit |
2021-11-23 |
Denied |
Response WaivedIFP |
appeal civil-rights constitutional-rights criminal-procedure due-process habeas-corpus judicial-review legal-remedy sentencing state-court substantive-rights |
Question not identified. |
| 21-6382 |
Askia Mustafa Raheem v. Benjamin Ford, Warden |
Eleventh Circuit |
2021-11-23 |
Denied |
IFP |
brain-damage cause-and-prejudice criminal-procedure evidentiary-hearing habeas-corpus incompetency plain-error seizure-disorder |
1 Whether the lower courts violated this Court's incompetency and "right to
evidentiary hearing" habeas law when they summarily denied a hearing on
in… |
| 21-6387 |
Richard Barry Randolph v. Florida |
Florida |
2021-11-23 |
Denied |
IFP |
apprendi-v-new-jersey capital-sentencing constitutional-interpretation criminal-procedure death-penalty due-process eighth-amendment fourteenth-amendment retroactive-law statutory-construction |
1. Whether the Florida Supreme Court's decision in Hurst v. State constitutes statutory construction of substantive law, and if so, whether the Due Pr… |
| 21-6390 |
Marcial Carrillo-Serna v. United States |
Ninth Circuit |
2021-11-23 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-sentencing district-court-error guidelines-calculation molina-martinez-v-united-states ninth-circuit ninth-circuit-review plain-error plain-error-review prejudice sentencing-guidelines substantial-rights |
When the district court fails to calculate the guideline range at sentencing, whether the defendant may rely on the district court's error alone to sh… |
| 21-6391 |
Hai A. Duong v. Darryl Vannoy, Warden |
Louisiana |
2021-11-23 |
Denied |
Response WaivedIFP |
14th-amendment 6th-amendment constitutional-law constitutional-rights criminal-procedure due-process jury-unanimity legislative-amendment non-unanimous-verdict sixth-amendment statutory-interpretation |
Louisiana voted to change its Constitution to require unanimous verdicts in non-capital cases where they were not required before. In 1997 and 1998, w… |
| 21-6396 |
Tamara Jeune v. United States |
Eleventh Circuit |
2021-11-23 |
Dismissed |
IFP |
circuit-court-conflict circuit-split criminal-procedure criminal-propensity evidence-admissibility federal-rules-of-evidence prejudice prior-bad-acts probative-value propensity-evidence |
How are the courts to properly apply Fed. R. Evid. 404(b)? Should they apply the Third Circuit's more substantive approach which requires a close conn… |
| 21-6357 |
Kenneth Roshaun Reid v. United States |
Fourth Circuit |
2021-11-23 |
Denied |
Response WaivedIFP |
constitutional-violation criminal-procedure due-process fair-sentencing-act federal-sentencing habeas-corpus ineffective-counsel jurisdiction procedural-default retroactivity sentencing |
When the 4th Circuit Court of Appeals Vacated and Remanded case #19-7803 back to the District Court shouldn't the district Court have given Mr. Reid a… |
| 21-6346 |
Jason W. Reed v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2021-11-22 |
Denied |
Response WaivedIFP |
criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel plea-bargaining sexual-predator sexual-predator-designation strickland-standard strickland-v-washington |
Question One: Whether, counsel's admitted misadvice with respect to Petitioner's designation, its direct result of imposition of "specialized supervis… |
| 21-6347 |
Justin Dwight Sholley-Gonzalez v. United States |
Eighth Circuit |
2021-11-22 |
Denied |
Response WaivedIFP |
criminal-procedure due-process intimate-partner-violence plain-error rehaif-error restraining-order second-amendment statutory-interpretation |
Whether a new trial based on plain error is required where the defendant maintained at all times during his pre-Rehaif prosecution that the state cour… |
| 21-6348 |
Rafael Ramiro-Medina v. United States |
Ninth Circuit |
2021-11-22 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
appellate-review batson-challenge criminal-procedure discriminatory-intent equal-protection fact-finding jury-selection procedural-error racial-discrimination standard-of-review |
If a trial court legally errs in applying the final step of the process under Batson v. Kentucky, 476
U.S. 79 (1986), can a federal court of appeals c… |
| 21-6363 |
Diane Arellano v. Jeremy Howard, Warden |
Sixth Circuit |
2021-11-22 |
Denied |
Response WaivedIFP |
6th-amendment appellate-review civil-rights constitutional-violation criminal-procedure cumulative-effect-of-error due-process effective-assistance-of-counsel ineffective-counsel miranda-rights sixth-amendment |
I. ft go against Krr USiCcKfr. Amend. \Z£rr'ght tc> 3. Speedy trial > that- 3-fi exiting d/>^
<Lcu t 8hi'm*?s t© r«^«ste>n£i v/iolafe h?c 7 0c« her re… |
| 21-6366 |
Juan Alberto Ceron-Ortiz v. United States |
Fifth Circuit |
2021-11-22 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure due-process jury-trial recidivism sentencing |
The Court Should Grant Certiorari to Consider Whether to Overrule Almendarez-Torres v. United States, 523 U.S. 224 (1998). |
| 21-6367 |
Dacoby Reshard Wooten v. Florida |
Florida |
2021-11-22 |
Denied |
Response WaivedIFP |
alternative-theories criminal-procedure felony-murder first-degree-murder jury-unanimity premeditated-murder sixth-amendment |
Whether the Sixth Amendment requires jury unanimity as to whether a defendant committed premeditated murder or felony murder when the state proceeds o… |
| 21-6369 |
Jeremy Denson v. Texas |
Texas |
2021-11-22 |
Denied |
Response WaivedIFP |
boykin-standard boykin-v-alabama constitutional-rights criminal-procedure due-process guilty-plea judicial-discretion judicial-oversight plea-bargaining plea-canvass record-development |
Judges must ensure defendants fully understand the consequences of
their guilty pleas. Boykin v. Alabama requires judges to use "the utmost
solicitude… |
| 21-6370 |
Omil Cotto, aka Omil Gomez, aka Omil Alfredo Gomez v. United States |
Tenth Circuit |
2021-11-22 |
Denied |
Response WaivedIFP |
4th-amendment cell-phone-seizure cellphones criminal-procedure fourth-amendment overbreadth probable-cause road-rage search-and-seizure search-warrant warrant warrant-overbreadth |
This case emerged out of a road rage incident during which shots were fired. The suspect, Omil Cotto, fled the scene in a red Camaro. Officers execute… |
| 21-759 |
WeBuildTheWall, Inc. v. United States |
Second Circuit |
2021-11-22 |
Dismissed |
|
appeal appellate-jurisdiction asset-forfeiture asset-restraint criminal-procedure due-process ex-parte-order forfeiture-statute injunction standing |
1. Can a non-party whose assets were restrained by a District Judge presiding over a criminal case, and who was blocked from a timely opportunity to b… |
| 21-750 |
Jasper Knabb v. United States |
Ninth Circuit |
2021-11-19 |
Denied |
Response Waived |
28-usc-2255 criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargain plea-bargaining sentencing sentencing-guidelines |
Where 28 U.S.C. § 2255 requires a prompt hearing unless the motion and the files and records of the case conclusively show that the prisoner is entitl… |
| 21-6338 |
Danquan A. Fanning v. United States |
Fourth Circuit |
2021-11-19 |
Denied |
Response WaivedIFP |
article-iii article-iii-authority article-iv-court constitutional-authority court-judgment criminal-procedure due-process judicial-jurisdiction jurisdiction legal-usurpation territorial-court |
WHETHER the UNITED STATES DISTRICT COURT being a Article IV
Territorial Court illegally usurped Article III, Constitutional
Authority and illegally e… |
| 21-6340 |
Troy Wayne Harmon v. Texas |
Texas |
2021-11-19 |
Denied |
IFP |
constitutional-rights court-of-appeals criminal-procedure evidence evidence-rules fourteenth-amendment inconsistent-opinion informant-privilege material-witness sixth-amendment |
1. The trial court refused to allow Petitioner to call a material
witness that could significantly aid in his defense -and complied
with the Rules O… |
| 21-6349 |
Victor Hurns v. Mississippi |
Mississippi |
2021-11-19 |
Denied |
Response WaivedIFP |
civil-rights constitutional-law criminal-procedure double-jeopardy due-process fifth-amendment judicial-acquittal judicial-review legal-procedure newly-discovered-evidence statutory-interpretation |
WHETHER THE PETITIONER'S APPLICATION FOR LEAVE TO PROCEED IN THE MISSISSIPPI TRIAL COURT BY THE MISSISSIPPI SUPREME COURT WAS CLEARLY ERRONEOUS AND CO… |
| 21-6350 |
Michael J. Greene v. Shelby Searls, Superintendent, Huttonsville Correctional Center |
Fourth Circuit |
2021-11-19 |
Denied |
IFP |
constitutional-law criminal-procedure custody due-process plea-agreement sentencing |
Question not identified. |
| 21-6356 |
Felipe Nieves-Perez v. Texas |
Texas |
2021-11-19 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process eighth-amendment indictment life-sentence motion-to-quash right-to-due-process trial-court |
I. DID THE TRIAL COURT VIOLATE MR. NIEVES-PEREZ'S RIGHT TO DUE PROCESS BY DENYING HIS MOTION TO QUASH THE INDICTMENT?
II. DOES THE LIFE SENTENCE IMPO… |
| 21-6361 |
Marcus Crawley, aka Holyfield v. United States |
Fourth Circuit |
2021-11-19 |
Denied |
Response WaivedIFP |
constitutional-vagueness criminal-procedure davis-v-united-states due-process judicial-review plea-agreement plea-bargaining sentencing sixth-amendment statutory-interpretation |
If a defendant pleaded guilty to a § 924(c) charge and a predicate crime of violence that is no longer valid after Davis, may a reviewing court search… |
| 21-6321 |
Fernando Rodriguez-Macedo v. United States |
Fifth Circuit |
2021-11-18 |
Denied |
Response WaivedIFP |
criminal-procedure due-process indictment jury-trial prior-convictions sentencing |
I. Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and ei… |
| 21-6324 |
Jesus Alfredo Ramirez v. United States |
Ninth Circuit |
2021-11-18 |
Denied |
Response WaivedIFP |
4th-amendment civil-procedure communication-interception criminal-procedure district-court evidence-suppression probable-cause title-iii wiretap |
Whether the district court erred in authorizing a wiretap of Petitioner's communications under Title III and in failing to suppress the evidence inter… |
| 21-6328 |
Scottie D. Allen v. Florida |
Florida |
2021-11-18 |
Denied |
IFP |
capital-sentencing criminal-procedure due-process eighth-amendment jury-instructions reasonable-doubt sentencing standard-of-proof |
I. Whether the Florida Supreme Court's rejection of Petitioner's claim of error based on the jury being affirmatively misinformed about its role in th… |
| 21-6331 |
Byron White v. Oklahoma |
Oklahoma |
2021-11-18 |
Denied |
IFP |
collateral-review criminal-procedure due-process jurisdiction mcgirt-decision post-conviction-relief procedural-defenses retroactivity subject-matter-jurisdiction teague-exception tribal-sovereignty |
WHETHER RESPONDENT WAIVED/FORFEITED ANY OF IT'S PROCEDURAL DEFENSES IN McGIRT'S DECISION AND RESPONDENT IS PROCEDURALLY BARRED FROM ASSERTING ANY IF I… |
| 21-6335 |
Chi Mak v. United States |
Ninth Circuit |
2021-11-18 |
Denied |
Response WaivedIFP |
18-usc-3582 abuse-of-discretion compassionate-release criminal-procedure judicial-review sentencing sentencing-discretion sentencing-factors statutory-factors statutory-interpretation |
Whether the district court abused its direction and acted unreasonably in denying Mak's motion for compassionate release under 18 U.S.C. §3582(c), by … |
| 21-6336 |
Darrin Lashaon Betts v. United States |
Fifth Circuit |
2021-11-18 |
Denied |
Response WaivedIFP |
18-usc-3582 21-usc-841(a)(1)-(b)(1)(a) amendment-782 criminal-procedure fed-r-crim-p-11(c)(1)(c) fifth-amendment fourteenth-amendment plea-agreement sentencing-guidelines statutory-law type-c-agreement |
Whether a defendant is eligible for 18 U.S.C. § 3582(c) (1)(2) relief
pursuant Amendment 782 where the district court adopted a Type-C plea agreement
… |
| 21-740 |
Richard E. Paulus, M.D. v. United States |
Sixth Circuit |
2021-11-18 |
Denied |
|
appellate-jurisdiction criminal-procedure double-jeopardy due-process ethical-violations fraud-upon-court fraud-upon-the-court government-misconduct |
1. Did the Sixth Circuit err by ruling that it lacked jurisdiction to consider Petitioner's allegations of fraud upon the court and ethical and due pr… |
| 21-734 |
Oklahoma v. Justin Dale Little |
Oklahoma |
2021-11-17 |
Denied |
Amici (1) |
criminal-appellate-review criminal-procedure federal-indian-law federalism jurisdictional-challenge mcgirt-precedent native-american-rights native-american-sovereignty oklahoma-criminal-law stare-decisis statutory-interpretation tribal-jurisdiction |
Whether McGirt v. Oklahoma, 140 S.Ct. 2452 (2020), should be overruled. |
| 21-6285 |
Gary Hughbanks v. Tim Shoop, Warden |
Sixth Circuit |
2021-11-17 |
Denied |
IFP |
admissibility-of-evidence appellate-review brady-materiality brady-v-maryland confession-evidence criminal-procedure due-process materiality-analysis sixth-circuit suppressed-evidence |
Are another individual's repeated statements confessing to the murders for which the defendant is on trial material for purpose of assessing the impac… |
| 21-6286 |
Patrick Lawrence Henderson v. United States |
Ninth Circuit |
2021-11-17 |
Denied |
Response WaivedIFP |
apprendi-rule criminal-procedure due-process jury-determination jury-trial reasonable-doubt revocation-sentence sentencing sentencing-guidelines statutory-maximum |
Whether Henderson's revocation sentence violates Apprendi and its progeny because he has been forced to serve a sentence beyond the statutory maximum … |
| 21-6307 |
Donald James Smith v. Florida |
Florida |
2021-11-17 |
Denied |
IFP |
capital-case capital-punishment criminal-procedure due-process eighth-amendment fair-trial penalty-phase prosecutorial-misconduct sixth-amendment victim-impact |
Was petitioner's right to a fair "penalty phase" trial violated when the prosecutor told the jurors, during closing arguments in the guilt phase, that… |
| 21-6320 |
Devon Carl Jordan-McFeely v. United States |
Ninth Circuit |
2021-11-17 |
Denied |
Response WaivedIFP |
ambiguous-statute criminal-procedure divisibility divisibility-inquiry federal-court federal-sentencing-enhancement sentencing-enhancement state-court state-law state-law-interpretation statutory-ambiguity supreme-court-precedent |
When a state statute is ambiguous as to its divisibility at the time of the defendant's state conviction, may a federal court certify the divisibility… |
| 21-6322 |
Gustavo Trejo-Ramos v. United States |
Fifth Circuit |
2021-11-17 |
Denied |
Response WaivedIFP |
criminal-procedure due-process indictment jury-trial prior-convictions sentencing |
Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 21-6323 |
D'Arde Lee Williams v. United States |
Fifth Circuit |
2021-11-17 |
Denied |
Response WaivedIFP |
criminal-procedure escape halfway-house plain-error sentencing u.s.s.g.-2p1.1 |
Whether the court of appeals failed to properly apply the plain error analysis to the question of whether the sentencing court erred by failing to gra… |
| 21-6275 |
David Wayne Dooley v. Kentucky |
Kentucky |
2021-11-16 |
Denied |
Response WaivedIFP |
arizona-v-youngblood burden-of-proof civil-procedure confrontation-rights criminal-defendant criminal-procedure due-process evidence evidence-spoliation separation-of-witnesses state-action |
1. Is Due Process violated when a criminal defendant must bear the burden of showing bad faith in order to be entitled to a missing evidence instructi… |
| 21-6288 |
Tina L. Wagoner v. New York |
New York |
2021-11-16 |
Denied |
IFP |
civil-rights constitutional-law criminal-procedure due-process jurisdiction standing |
trial preceedings were govered loy the propur appticaftion of lawi
to fac in regdrd to jurisdiction, application of legalterms used to
describe a part… |
| 21-6294 |
Robert Michael Junkins v. United States |
Fourth Circuit |
2021-11-16 |
Denied |
Response WaivedIFP |
4th-amendment criminal-procedure drug-evidence drug-sentencing illegal-search motion-to-suppress search-and-seizure sentencing sentencing-guidelines vehicle-search |
1. Whether the district court erred in denying Junkins' Defendant's Motion to Suppress Evidence for the evidence discovered in Mr. Junkins' vehicle af… |
| 21-6297 |
Henry Cervantes and Jaime Cervantes v. United States |
Ninth Circuit |
2021-11-16 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-sentencing federal-statute jury-trial obstruction-of-justice official-proceeding sentencing sixth-amendment statutory-interpretation |
As to both petitioners,
1. Whether the federal obstruction of justice statute, 18 U.S.C. §1512(c)(2) (obstruction of an official proceeding), can be … |
| 21-6298 |
Ronald David McCalister, Jr. v. United States |
Fifth Circuit |
2021-11-16 |
Denied |
Response WaivedIFP |
criminal-procedure due-process miscarriage-of-justice plea-agreements sentencing waivers-of-appeal |
I. Whether this Court should recognize a "miscarriage of justice" exception to waivers of appeal in plea agreements? |
| 21-6300 |
Ricky Cardenas v. United States |
Fifth Circuit |
2021-11-16 |
Denied |
Response WaivedIFP |
burden-of-proof circuit-split criminal-procedure criminal-sentencing due-process judicial-procedure objection-standard presentence-report sentencing unjust-incarceration |
Whether the defendant bears a burden to disprove adverse conclusions of a Presentence Report? |
| 21-6301 |
Travis Wayne Bentley v. Oklahoma |
Oklahoma |
2021-11-16 |
Denied |
IFP |
criminal-procedure due-process evidentiary-hearing expert-witnesses fourteenth-amendment indian-federal-law indigenous-rights indigent-legal-counsel post-conviction-relief tribal-jurisdiction |
1) Did the Oklahoma Court of Criminal Appeals violate Mr. Bentley's Fourteenth Amendment right to Due Process by affirming the district court's Denial… |
| 21-6302 |
Juan Alvarado-Gonzalez v. Illinois |
Illinois |
2021-11-16 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure due-process equal-protection first-amendment free-speech government-action immigration language-access public-officials retaliation |
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q^J PuLl^c &et*«J'eh ytyf^W c… |
| 21-728 |
Pedro Dino Cedado Nuñez, et al. v. United States |
Eleventh Circuit |
2021-11-16 |
Denied |
|
circuit-split criminal-procedure customary-international-law drug-enforcement international-law jurisdiction jurisdictional-test maritime-drug-law maritime-law statutory-interpretation vessel-nationality |
The Maritime Drug Law Enforcement Act authorizes the United States to prosecute certain drug crimes committed aboard a "covered vessel." 46 U.S.C. § 7… |
| 21-6268 |
Cesar Martinez v. United States |
First Circuit |
2021-11-15 |
Denied |
Response WaivedRelisted (2)IFP |
criminal-procedure criminal-sentencing double-jeopardy due-process fifth-amendment jury-acquittal sentencing-enhancement sixth-amendment trial-by-jury |
Whether basing a criminal defendant's sentence on conduct underlying a charge for which the jury acquitted him violates his rights to due process and … |
| 21-6269 |
Johnathan Dewayne Mitchell v. United States |
Eighth Circuit |
2021-11-15 |
Denied |
Response WaivedRelisted (2)IFP |
civil-rights competency criminal-procedure defendant-rights due-process forcible-medication judicial-authority medical-intervention medication mental-health |
Whether this Court should resolve an issue of first impression and decide if district courts have the authority to order the forcible medication of co… |
| 21-6271 |
Austin Myers v. Ohio |
Ohio |
2021-11-15 |
Denied |
IFP |
access-to-courts criminal-procedure death-penalty discovery due-process eighth-amendment fourteenth-amendment ineffective-assistance-of-counsel postconviction postconviction-relief summary-dismissal |
I. Do the Ohio state courts deny a death-sentenced postconviction petitioner's rights to due process, access to the Ohio courts, and an adequate corre… |
| 21-705 |
Oklahoma v. Ted Roosevelt Yargee |
Oklahoma |
2021-11-15 |
Denied |
Amici (1) |
civil-rights criminal-appellate-review criminal-procedure due-process federalism jurisdictional-challenge mcgirt-precedent native-american-law native-american-sovereignty oklahoma-criminal-law standing tribal-jurisdiction |
Whether McGirt v. Oklahoma , 140 S.Ct. 2452 (2020), should be overruled. |
| 21-6233 |
Joe Lenard Rodriguez v. United States |
Eighth Circuit |
2021-11-12 |
Denied |
Response WaivedIFP |
conspiracy conspiracy-to-distribute criminal-law criminal-procedure drug-trafficking due-process evidence evidence-sufficiency jury-trial methamphetamine |
1. Did the courts below err when they determined that there was sufficient evidence
to convict the Petitioner of Conspiracy to Distribute Methampheta… |
| 21-6252 |
Ryder Shane Altman v. United States |
Fifth Circuit |
2021-11-12 |
Denied |
Response WaivedIFP |
appellate-procedure collateral-appeal collateral-review criminal-defendants criminal-procedure fact-finding ineffective-assistance ineffective-assistance-of-counsel pro-se |
Whether federal criminal defendants presenting substantial claims of ineffective assistance of counsel should receive the benefit of additional fact-f… |
| 21-6253 |
Baltazar Aguirre-Rivera v. United States |
Fifth Circuit |
2021-11-12 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fifth-amendment jury-trial mandatory-minimum sentencing sixth-amendment special-interrogatory |
When a jury's answer to a special interrogatory negates an element of the charged offense, must a district court enter a judgment of acquittal when th… |
| 21-6255 |
Ofelio Arvizu-Loredo v. United States |
Fifth Circuit |
2021-11-12 |
Denied |
Response WaivedIFP |
criminal-procedure due-process indictment jury-trial prior-conviction sentencing |
I. Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and ei… |
| 21-6256 |
Macario Andrew Gomez, Jr. v. United States |
Fifth Circuit |
2021-11-12 |
Denied |
Response WaivedIFP |
constitutional-law constitutional-rights criminal-procedure due-process federal-sentencing jury-determination jury-trial reasonable-doubt sentencing sentencing-guidelines |
Whether facts that affect the minimum or maximum reasonable federal sentence must be proven to a jury beyond a reasonable doubt? |
| 21-6258 |
Ramiro Romero v. Texas |
Texas |
2021-11-12 |
Denied |
IFP |
andrus-v-texas appellate-review civil-rights constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel investigation strickland strickland-standard |
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/hte.t'lsieu/ a. ofe'fihoLiutts t^s/tsted hriTtitss&s bec^s^ the. fcttoshty
Mfstfrf… |
| 21-6229 |
Kyle Shirakawa Handley v. California |
California |
2021-11-10 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
apprendi charging-document criminal-procedure due-process notice notice-requirements sentencing-enhancement sentencing-enhancements sixth-amendment |
1. Whether the 1936 rule set forth in People v Britton , 6 Cal.2d 1 -- that facts
which expose a defendant to substantially enhanced punishment need n… |
| 21-6230 |
In Re Billy John Roberson |
|
2021-11-10 |
Denied |
IFP |
2nd-amendment aggravated-assault conflict-of-interest criminal-procedure due-process evidence-sufficiency judicial-conflict jury-instructions penal-code texas-penal-code |
How could I receive an Guilty Verdict of aggravated assault with a deadly weapon at the time of this supposed incident, I, Billy John Rooerson, did no… |
| 21-6236 |
L. B. Joseph v. Illinois |
Illinois |
2021-11-10 |
Denied |
IFP |
constitutional-rights conviction-reversal criminal-procedure due-process fair-trial habeas-corpus ineffective-assistance post-conviction-relief reasonable-doubt testimony |
WAS DEFENDANT GIVEN A FAIR TRIAL?
WAS DEFENDANT FOUND CGUILTY BEYOND A RESONABLE DOUBT?
WAS PERJURED TESTMONY GIVEN TO COVER UP THE TRUTH?
WERE FAR… |
| 21-6241 |
Eric J. Turner v. Richard L. Broch |
Seventh Circuit |
2021-11-10 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process federal-jurisdiction federal-rules-of-evidence habeas-corpus legal-competency mental-competency schizophrenia |
Whether the trial court failed to order a determination of the defendant's schizophrenia?
Whether a conviction that violates due process happened whi… |
| 21-6200 |
Jesus Ruiz v. United States |
Seventh Circuit |
2021-11-09 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
collateral-review concurrent-sentence-doctrine criminal-law criminal-procedure due-process federal-conviction harmless-error non-concurrent-sentence sentencing |
1. Whether a conviction carrying a non-concurrent prison sentence for an act the law does not make criminal can ever be considered harmless.
2. Wheth… |
| 21-6201 |
Reginald Kindle v. Florida |
Florida |
2021-11-09 |
Denied |
Response WaivedIFP |
criminal-procedure jury-trial preponderance-of-evidence recidivism sentencing sentencing-enhancement sixth-amendment statutory-maximum |
Whether a sentencing court violates a defendant's Sixth Amendment right to a jury trial when it finds by a preponderance of the evidence that he commi… |
| 21-6215 |
Lawrence Oakie, aka LBJ v. United States |
Eighth Circuit |
2021-11-09 |
Denied |
Response WaivedIFP |
acquitted-conduct criminal-procedure due-process fifth-amendment sentencing sixth-amendment |
Whether the use of acquitted conduct to determine a defendant's sentence violates the Fifth and Sixth Amendments. |
| 21-6211 |
Cubby Wayne Williams v. United States |
Ninth Circuit |
2021-11-08 |
Denied |
Response WaivedIFP |
brain-injury cognitive-deficits criminal-procedure due-process evidence expert-testimony good-faith mens-rea rule-702 traumatic-brain-injury willfulness |
Whether, in a case in which the government was required to prove that the defendant was not working from a good faith misunderstanding of the law, the… |
| 21-6217 |
Alberto Grajales v. United States |
Eleventh Circuit |
2021-11-08 |
Denied |
Response WaivedIFP |
civil-rights constitutional-vagueness criminal-conviction criminal-procedure due-process general-verdict harmless-error judicial-review residual-clause sentencing statutory-interpretation |
Whether a general verdict that was obtained in reliance on the
unconstitutionally vague residual clause in 18 U.S.C. § 924(c)(8)(B)
may be sustained b… |
| 21-679 |
Tim Shoop, Warden v. August Cassano |
Sixth Circuit |
2021-11-08 |
Denied |
Relisted (14) |
aedpa criminal-procedure habeas-corpus pro-se-representation right-to-counsel right-to-self-representation sixth-amendment timely-invocation |
1. Should th e Court summarily reverse the Sixth
Circuit 's award of habeas relief?
2. When a three -judge panel clearly errs in
awarding habeas r… |
| 21-6195 |
Ronald C. Fairchild v. Kentucky |
Kentucky |
2021-11-05 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process fifth-amendment fourteenth-amendment martinez-claim martinez-v-ryan post-conviction-relief sixth-amendment |
Did the Kentucky Court of Appeals allow Mr. Fairchild 's right 's under the
Fifth, Sixth, and Fourteenth Amendments to the United States Constitution,… |
| 21-6196 |
I. A. v. Kansas |
Kansas |
2021-11-05 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
appeal civil-rights constitutional-law criminal-procedure due-process fourteenth-amendment ineffective-assistance legal-representation right-to-appeal standing |
1. Did I.A. have a Fourteenth Amendment Right to have a District Court Judge inform him of his right to appeal?
2. Was I.A.'s trial attorney, Scott W… |
| 21-6204 |
Antonio A. Tankes v. Florida |
Florida |
2021-11-05 |
Denied |
Response WaivedIFP |
armed-career-criminal-act civil-procedure civil-rights constitutional-law criminal-procedure cruel-and-unusual-punishment due-process eighth-amendment free-speech retroactive-application sentencing-enhancement standing |
Question not identified. |
| 21-6206 |
Joel Barcelona v. Sergeant Parish, et al. |
Eleventh Circuit |
2021-11-05 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure cruel-unusual-punishment deliberate-indifference due-process eighth-amendment juvenile-sentencing life-threatening life-without-parole medical-treatment refusal-of-care |
Question not identified. |
| 21-6207 |
Philip Bernard Friend v. United States |
Fourth Circuit |
2021-11-05 |
Denied |
Response WaivedIFP |
appellate-review comparable-cases comparative-sentencing criminal-procedure federal-sentencing-guidelines juvenile-offenders sentencing-disparities sentencing-reasonableness sentencing-review substantive-reasonableness substantive-review |
The question presented is whether an appellate court reviewing a sentence for substantive reasonableness should consider, when presented, a comparison… |
| 21-6208 |
Daliang Guo v. United States |
Ninth Circuit |
2021-11-05 |
Denied |
Response WaivedIFP |
control-over-others criminal-procedure criminal-scheme criminal-sentencing leader-enhancement leadership-role ninth-circuit participant-control role-model sentencing-guidelines |
Whether a defendant who took part in a criminal scheme with multiple participants is properly subject to the leader/ organizer enhancement at USSG § 3… |
| 21-6209 |
Angelo Cobbins v. Illinois |
Illinois |
2021-11-05 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process effective-assistance evidence-suppression intellectual-capacity motion-to-suppress right-to-counsel trial-court waiver |
-/L, Motion to iSuppuss Loas -efror Gs it in as
did not]fllulllinr th& ryl
djLftionstrcJsd Ikb P-^titi
patliy to (xialv-e. his Custoclid fi^ht 5 ?i/… |
| 21-6175 |
Shaun Short v. United States |
Eighth Circuit |
2021-11-04 |
Denied |
Response WaivedIFP |
4th-amendment automobile-exception criminal-procedure disabled-car franks-hearing parked-car probable-cause search-and-seizure warrant-requirement |
Does the automobile exception to the warrant requirement extend to a parked and disabled car, or is it limited to its original justifications?
Is a d… |
| 21-6182 |
Erick Argueta Larios v. United States |
First Circuit |
2021-11-04 |
Denied |
Response WaivedIFP |
clear-and-convincing-evidence criminal-procedure due-process federal-district-court relevant-conduct sentencing sentencing-enhancement |
Whether a federal district court may use relevant conduct not proven by clear and convincing evidence to disproportionately raise a defendant's senten… |
| 21-6186 |
Faruq Rose v. United States |
Fourth Circuit |
2021-11-04 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
circuit-court-of-appeals constitutional-rights criminal-procedure fourth-amendment reasonable-expectation-of-privacy search-and-seizure warrantless-search |
Whether the majority opinion of the United States Fourth Circuit Court of Appeals, which held that the petitioner had no reasonable expectation of pri… |
| 21-6188 |
Johnathan Andrew Doody v. Arizona |
Arizona |
2021-11-04 |
Denied |
Response WaivedIFP |
attorney-withdrawal coercion constitutional-rights criminal-procedure ineffective-assistance involuntary-confession right-to-testify |
1. Whether Doody was denied his personal right to testify in his own behalf by his attorneys' ineffective assistance regarding their advice on the use… |
| 21-6193 |
In Re Roy Allen Nichols |
|
2021-11-04 |
Denied |
IFP |
commerce-clause constitutional-jurisdiction constitutional-law criminal-procedure due-process federal-criminal-power habeas-corpus prejudice recurrent-issues sixth-circuit territorial-limits |
The Defendant/Petitioner states that the issues being presented in this Writ are not only ones of great public interest or Constitutional importance, … |
| 21-6142 |
John Gregory Alexander Herrin v. United States |
Ninth Circuit |
2021-11-03 |
Denied |
Response WaivedIFP |
bank-theft criminal-procedure double-jeopardy due-process federal-indictment indictment interstate-transportation jurisdiction money-laundering statute-of-limitations |
WHETHER THE GOVERNMENT WAS ENTITLED TO ESTABLISH PETITIONER'S GUILT AT TRIAL FOR FEDERAL OFFENSES IT DID INDICT (INTERSTATE TRANSPORTATION OF STOLEN M… |
| 21-6154 |
Shawn Ford v. United States |
Sixth Circuit |
2021-11-03 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
4th-amendment apparent-authority consent-to-search criminal-procedure fourth-amendment reasonable-belief residence search-and-seizure third-party-consent |
Whether a third party's apparent authority to consent to a search of a criminal suspect's residence requires that the police reasonably believe that t… |
| 21-6156 |
Vilasini Ganesh v. United States |
Ninth Circuit |
2021-11-03 |
Denied |
Amici (1)Response WaivedIFP |
calendar-management conflict-of-interest counsel-conflict counsel-substitution criminal-procedure defendant-rights due-process sixth-amendment substitution trial-court-discretion |
A. Do Sixth Amendment safeguards require trial courts to inquire into existing conflicts between counsel and the defendant before a trial court may de… |
| 21-6161 |
Adam Rene Rodriguez v. United States |
Fifth Circuit |
2021-11-03 |
Denied |
Response WaivedIFP |
amendment-violation civil-rights constitutional-rights criminal-procedure due-process equal-protection federal-court judicial-review jurisdiction standing statutory-interpretation |
WHETHER DEFENDANT'S CONVICTION IS IN VIOLATION OF THE SEARCH AND SEIZURE PROTECTION OF THE FOURTH AMENDMENT, AND THE DUE PROCESS CLAUSE OF THE FOURTEE… |
| 21-6162 |
Antwain T. Sales v. Tennessee |
Tennessee |
2021-11-03 |
Denied |
Response WaivedRelisted (2)IFP |
civil-procedure constitutional-interpretation criminal-procedure due-process evidence-sufficiency habeas-corpus judicial-review jurisdiction jurisdictional-authority standing state-courts state-law-interpretation |
1. Sheer this Cowal skaisld issue this kt of Contionani LAdhetee the lonler Couets in Tennessee exceeded the jueisdidtion conteaeed and acted illegall… |
| 21-6168 |
Vance L. White v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-11-03 |
Denied |
Relisted (2)IFP |
appellate-review blakely-v-washington constitutional-interpretation constitutional-law criminal-procedure due-process judicial-discretion self-incrimination sentencing sentencing-guidelines |
Question not identified. |
| 21-6171 |
Carlos Granda v. United States |
Eleventh Circuit |
2021-11-03 |
Denied |
IFP |
18-usc-924c3b circuit-split constitutional-vagueness criminal-procedure harmless-error harmless-error-review johnson-precedent johnson-v-united-states procedural-default |
1. Whether the Court should resolve the three-way circuit split regarding whether, and under what circumstances, a movant's procedural default may be … |
| 21-653 |
Harold Lee Harvey, Jr. v. Florida |
Florida |
2021-11-03 |
Denied |
Relisted (2) |
autonomy-right counsel-override criminal-defense criminal-procedure defendant-autonomy due-process first-degree-murder ineffective-assistance-of-counsel mccoy-v-louisiana sixth-amendment |
Is the Sixth Amendment autonomy right established in McCoy violated where counsel overrode an express agreement with the defendant to not concede guil… |
| 21-646 |
Oklahoma v. Dameon Lamar Leathers |
Oklahoma |
2021-11-02 |
Denied |
Amici (1) |
140 S.Ct. 2452 (2020) should be overruled court-of-criminal-appeals criminal-appellate-review criminal-procedure due-process federalism jurisdictional-challenge mcgirt-precedent native-american-law native-american-rights oklahoma-criminal-law oklahoma-jurisdiction precedent-challenge stare-decisis statutory-interpretation tribal-jurisdiction tribal-sovereignty |
Whether McGirt v. Oklahoma, 140 S.Ct. 2452 (2020), should be overruled. |
| 21-6135 |
Jesus Ramirez-Barrera v. United States |
Fourth Circuit |
2021-11-02 |
Denied |
Response WaivedIFP |
bail community-danger criminal-procedure detention district-court-review due-process extraordinary-reasons judicial-discretion public-safety relief-standard sentencing sentencing-review |
I. WHETHER THE DISTRICT COURT ERRED IN DECIDING THAT PETITIONER HAS NOT SHOWN EXTRAORDINARY AND COMPELLING REASONS; AND THAT HE WAS A DANGER TO THE CO… |
| 21-6146 |
Keenan Rollerson v. United States |
Seventh Circuit |
2021-11-02 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-sentencing double-jeopardy due-process fifth-amendment jury-trial sentencing sixth-amendment |
Whether a sentencing judge increasing a criminal defendant's punishment for acts charged but acquitted by the jury violates the jury trial guarantee o… |
| 21-6149 |
Domingo Palma v. Massachusetts |
Massachusetts |
2021-11-02 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process fair-trial fourteenth-amendment mistrial prosecutorial-misconduct sixth-amendment |
Are the Sixth and Fourteenth Amendments violated by a trial court's refusal to grant a mistrial where a prosecution witness injects groundless, irrele… |
| 21-6152 |
Keith Arthur Vinson v. United States |
Fourth Circuit |
2021-11-02 |
Denied |
Response WaivedIFP |
6th-amendment certificate-of-appealability counsel-performance criminal-defense criminal-procedure habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargain sixth-amendment |
1. Did the Court of Appeals err in denying a certificate of appealability over trial counsel's potential ineffectiveness in the plead-vs-trial decisio… |
| 21-6155 |
Jose Burciaga-Alcantar v. United States |
Fifth Circuit |
2021-11-02 |
Denied |
Response WaivedIFP |
Almendarez-Torres-v-United-States Apprendi-v-New-Jersey case-review criminal-procedure due-process fifth-circuit judicial-precedent jury-trial legal-challenge sentencing supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez- Torres v. United States, 523 U.S. 244 (1998)? |
| 21-6074 |
Nikolas Gacho v. Illinois |
Illinois |
2021-11-01 |
Denied |
IFP |
criminal-procedure due-process ineffective-assistance plea-admonishment plea-negotiations prejudice sixth-amendment |
I.
Does a plea admonishment cure all prejudice and preclude
a defendant from challenging counsel's representation
during the plea negotiations process… |
| 21-6123 |
Antonio Rene Martinez v. United States |
Ninth Circuit |
2021-11-01 |
Denied |
Response WaivedRelisted (2)IFP |
circuit-split criminal-procedure federal-rules-of-criminal-procedure harmless-error presentence-report rule-32 sentencing structural-error |
Did the Ninth Circuit's disposition of Petitioner's claim under Rule 32(i)(1)(A) of the Federal Rules of Criminal Procedure conflict with the Sixth Ci… |
| 21-6127 |
In Re Howard Griffith |
|
2021-11-01 |
Denied |
Response WaivedRelisted (2)IFP |
civil-procedure civil-rights constitutional-law criminal-procedure due-process extraordinary-writ federal-rules habeas-corpus standing statutory-interpretation |
What was the reason for not making application for writ of habeas corpus to the district court of the district in which I am being held? (Rule 20.4[a]… |
| 21-6133 |
Dean Rossi v. United States |
Third Circuit |
2021-11-01 |
Denied |
Response WaivedIFP |
attorney-withdrawal conflict-of-interest criminal-procedure judicial-discretion necessary-witness prosecutorial-discretion right-to-counsel sixth-amendment standard-of-review |
1) Is a prosecution's claim that a defendant's lawyer is "likely to be a necessary witness" at trial an "actual conflict" or "a serious potential conf… |
| 21-6137 |
Vassily Anthony Thompson v. United States |
Ninth Circuit |
2021-11-01 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure due-process fifth-amendment grand-jury indictment sentencing |
1. Does it offend the Fifth Amendment right to a grand jury for a court to ignore legally relevant elements of an offense charged by a grand jury in a… |
| 21-6139 |
Yency Nuñez v. United States |
Eleventh Circuit |
2021-11-01 |
Denied |
IFP |
appellate-procedure article-iii circuit-courts circuit-precedent criminal-procedure due-process jurisdictional-facts maritime-drug-law precedent statutory-interpretation |
Petitioner Yency Nuñez and the government agree that, although the Maritime Drug Law Enforcement Act makes proof of jurisdictional facts indispensable… |
| 21-634 |
Zachariah Brian Wright v. Indiana |
Indiana |
2021-11-01 |
Denied |
Response RequestedResponse WaivedRelisted (3) |
criminal-procedure due-process equivocal-invocation high-penalty-case intelligent-waiver judicial-discretion right-to-counsel right-to-self-representation self-representation sixth-amendment |
In Faretta v. California, this Court held that the Sixth Amendment protects the "fundamental" right of a criminal defendant to "conduct his own defens… |
| 21-6124 |
Saul Contreras-Roman v. United States |
Fifth Circuit |
2021-10-29 |
Denied |
Response WaivedIFP |
case-law constitutional-law criminal-appeal criminal-procedure due-process fifth-circuit judicial-precedent jury-trial sentencing supreme-court supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-6126 |
Jason A. Tobey v. United States |
Ninth Circuit |
2021-10-29 |
Denied |
Response WaivedIFP |
abuse-of-discretion criminal-procedure ineffective-assistance judicial-discretion pretrial-hearing right-to-counsel sixth-amendment trial-continuance |
1. When indisputable evidence shows a federal criminal defendant's retained counsel has abandoned him at a key pretrial hearing and is not prepared fo… |
| 21-6128 |
Tommy Pabellon v. United States |
Fourth Circuit |
2021-10-29 |
Denied |
Response WaivedIFP |
criminal-procedure first-step-act intervening-changes-in-law intervening-law judicial-review legal-standard lower-court-judgment motion-review petition-for-writ-of-certiorari standard-of-review |
Whether a lower court's failure to apply the proper standard of review effects its judgment in reviewing a petitioner's case based on clear intervenin… |
| 21-6130 |
Brett Allan Corrigan, Jr. v. United States |
Eighth Circuit |
2021-10-29 |
Denied |
Response WaivedIFP |
appellate-review clear-error criminal-procedure drug-offense firearm sentencing sentencing-guidelines standard-of-review weapon-enhancement |
WHETHER THE DISTRICT COURT'S FINDING THAT A WEAPON WAS CONNECTED TO THE DRUG OFFENSE UNDER §2D1.1(b)(1) WAS CLEAR ERROR. |
| 21-6131 |
Jose Alfredo Gonzalez-Mares v. United States |
Fifth Circuit |
2021-10-29 |
Denied |
Response WaivedIFP |
Almendarez-Torres case-law criminal-procedure due-process fifth-circuit judicial-precedent jury-trial recidivism sentencing statutory-interpretation supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-6132 |
Shelton Marbury v. United States |
District of Columbia |
2021-10-29 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process external-influence government-burden jury jury-influence presumption-of-prejudice sixth-amendment |
Whether under the Sixth Amendment, once a defendant has presented evidence that an external influence has reached his jury, a presumption of prejudice… |
| 21-633 |
Gustavo Placancia-Rosendo v. United States |
Fifth Circuit |
2021-10-29 |
Denied |
Response Waived |
acceptance-of-responsibility burden-of-proof criminal-procedure due-process plea-agreement relevant-conduct sentencing standard-of-proof |
A defendant who pleads guilty will face a presentence investigation report, the results of which will guide the District Court in affixing sentence. A… |
| 21-6110 |
Richard L. Starghill, II v. United States |
Sixth Circuit |
2021-10-28 |
Denied |
Response WaivedIFP |
5th-amendment constitutional-rights criminal-procedure double-jeopardy due-process jury-misconduct prosecutorial-misconduct retrial trial-integrity |
Do multiple mistrials, necessitated by jury misconduct, create a Double Jeopardy bar, preventing a retrial of a criminal defendant? |
| 21-6115 |
Jaime Mayorga v. United States |
Ninth Circuit |
2021-10-28 |
Denied |
Response WaivedIFP |
chapman-v-california criminal-conviction criminal-procedure harmless-error intent-to-defraud jury-instruction jury-instructions ninth-circuit statutory-interpretation united-states-v-neder |
Did the Ninth Circuit's disposition of Petitioner's instructional error claim, which did not examine evidence Petitioner proffered regarding his lack … |
| 21-6122 |
Malek Lassiter v. United States |
Fourth Circuit |
2021-10-28 |
Denied |
Response WaivedIFP |
court-of-appeals criminal-procedure district-court due-process federal-jurisdiction federal-prosecution motion-for-judgment-of-acquittal rico rico-conspiracy sentencing standard-of-review |
WHETHER THE COURT OF APPEALS ERRED BY AFFIRMING THE DISTRICT COURT'S DENIAL OF LASSITER'S MOTION FOR JUDGMENT OF ACQUITTAL ON THE RICO CONSPIRACY CHAR… |
| 21-623 |
Anthony Penton v. A. Malfi, Warden |
Ninth Circuit |
2021-10-28 |
Denied |
Amici (1)Response Waived |
brady-evidence brady-v-maryland criminal-procedure due-process fifth-amendment prior-convictions prosecutorial-misconduct sentencing-enhancement sixth-amendment suppressed-evidence |
1. Whether evidence covered by Brady v. Maryland, 373 U.S. 83 (1963), and withheld by prosecutors is considered suppressed under the Fifth Amendment r… |
| 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 |
Question not identified. |
| 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 |
Petitioner Hector Enamorado was convicte d on a single count of conspiracy to
violate the Racketeer Influenced and Corrupt Organizations Act (RICO), … |
| 21-6102 |
Anthony B. Williams v. United States |
Eighth Circuit |
2021-10-27 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure cruel-and-unusual-punishment district-court double-jeopardy due-process grand-jury-indictment jury-instructions sentencing |
Does the absence of a specific unanimity instruction at trial require both distribution of Pcp and accompanying 924.lis count be vacated
Does a convi… |
| 21-6103 |
Moses D. Estrada v. California |
California |
2021-10-27 |
Denied |
IFP |
attorney-client-relationship collaborative-discovery constitutional-interpretation criminal-procedure due-process ineffective-assistance-of-counsel judicial-procedure legal-interpretation procedural-rights right-to-counsel victim-rights |
Question not identified. |
| 21-6106 |
Ahmed Osman Farah v. United States |
Eighth Circuit |
2021-10-27 |
Denied |
Response WaivedIFP |
arrest-record circuit-split criminal-procedure due-process equal-protection judicial-discretion sentencing-enhancement |
Does a district court violate a defendant's right to due process by enhancing a sentence based on unreliable arrest history, as the Third and Seventh … |
| 21-6107 |
Thomas Johnson v. United States |
Eleventh Circuit |
2021-10-27 |
Denied |
Relisted (3)IFP |
criminal-procedure criminal-resentencing district-court-discretion factual-developments fair-sentencing-act first-step-act legal-developments presidential-commutation sentencing sentencing-reduction statutory-interpretation |
Whether, when deciding if it should "impose a reduced sentence" on an eligible defendant under Section 404(b) of the First Step Act of 2018, a distric… |
| 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… |
| 21-619 |
Hugo Reyes-Morales v. Maryland |
Maryland |
2021-10-27 |
Denied |
Response Waived |
criminal-defense criminal-procedure due-process immigration-consequences ineffective-assistance padilla-v-kentucky plea-bargaining sixth-amendment strickland-standard strickland-v-washington |
If "the deportation consequences of a particular plea are unclear or uncertain…a criminal defense attorney need do no more than advise a noncitizen cl… |
| 21-6064 |
Robert William Knopping v. United States |
Ninth Circuit |
2021-10-26 |
Denied |
Response WaivedIFP |
acceptance-of-responsibility criminal-procedure district-court district-court-discretion downward-departure government-motion sentencing sentencing-guidelines third-level-reduction u.s.s.g. |
Under what circumstances can the district court at sentencing deny the government's motion for a third-level reduction for acceptance of responsibilit… |
| 21-6078 |
Melvin Jackson v. United States |
Fifth Circuit |
2021-10-26 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-sentencing due-process federal-sentencing-guidelines ineffective-assistance-of-counsel statutory-interpretation |
Question not identified. |
| 21-608 |
Oklahoma v. Laurie Jean Martin |
Oklahoma |
2021-10-26 |
Denied |
Amici (1)Relisted (3) |
appellate-review criminal-law criminal-procedure federal-jurisdiction mcgirt-precedent native-american-law oklahoma-sovereignty stare-decisis state-sovereignty statutory-interpretation tribal-jurisdiction |
Whether McGirt v. Oklahoma, 140 S.Ct. 2452 (2020), should be overruled. |
| 21-6087 |
Maria Vargas-Luna v. United States |
Fifth Circuit |
2021-10-26 |
Denied |
Response WaivedIFP |
advisory-guidelines criminal-law criminal-procedure drug-conspiracy fact-finding judicial-fact-finding jury-trial-right reasonable-doubt sentencing sentencing-guidelines sixth-amendment |
Petitioner pleaded guilty to conspiracy to possess with intent to distribute a controlled substance. She admitted to the district court that approxima… |
| 21-6088 |
George Brass v. Aaron D. Ford, Attorney General of Nevada, et al. |
Ninth Circuit |
2021-10-26 |
Denied |
IFP |
civil-procedure civil-rights constitutional-claims criminal-procedure due-process free-speech habeas-corpus judicial-review procedural-default standing state-court takings |
Question not identified. |
| 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 / C… |
| 21-6090 |
Olry Maurival v. United States |
Eleventh Circuit |
2021-10-26 |
Denied |
Response WaivedIFP |
conspiracy crawford-confrontation criminal-procedure evidence-sufficiency false-tax-return false-tax-returns hearsay-evidence sufficiency-of-evidence tax-fraud |
I. WHETHER THE VERDICT OF GUILT WAS SUPPORTED BY SUFFCIENT EVIDENCE TO SUSTAIN A CONVICTION, AND THE EVIDENCE, VIEWED IN A LIGHT MOST FAVORABLE TO THE… |
| 21-6091 |
Harold Cook v. United States |
Second Circuit |
2021-10-26 |
Denied |
Response WaivedIFP |
brady-disclosure brady-v-maryland criminal-investigation criminal-procedure disclosure-requirements due-process exculpatory-evidence prosecutorial-duty witness-statement witness-statements |
1. WHETHER BRADY V. MARYLAND, 373 U.S. 83 (1963) AND ITS PROGRENY REQUIRE THE PROSECUTION TO CREATE A RECORD OF AND PRESERVE APPARENTLY EXCULPATORY WI… |
| 21-6043 |
Vedrick Lamonte Symonette v. Florida |
Florida |
2021-10-25 |
Denied |
IFP |
brady-v-maryland constitutional-violations criminal-conviction criminal-procedure due-process fundamental-error fundamental-miscarriage-of-justice judicial-procedure jurisdiction miscarriage-of-justice vague-indistinct-indefinite |
Where information so vague, indistinct, and indefinite it resulted in due process violation, Brady v Maryland violation, and a Fundamental Miscarriage… |
| 21-6045 |
Melissa Richardson v. United States |
Fifth Circuit |
2021-10-25 |
Denied |
Response WaivedIFP |
5th-circuit appellate-review criminal-procedure due-process evidence-sufficiency involuntary-confession judicial-error miranda-rights motion-to-suppress right-to-counsel |
Whether the 5th Circuit erred in denying Richardson's motion to suppress.
Whether the 5th Circuit erred in affirming that there was sufficient eviden… |
| 21-6069 |
Artavius Horne v. United States |
Third Circuit |
2021-10-25 |
Denied |
Response WaivedIFP |
criminal-procedure due-process evidence judicial-review supervisory-power third-circuit |
Did the Court of Appeals for the Third Circuit so far depart from the accepted and usual course of judicial proceedings, or sanctioned such a departur… |
| 21-6042 |
Marques Smith v. United States |
Eighth Circuit |
2021-10-22 |
Denied |
Response WaivedIFP |
11th-hour criminal-procedure discovery discovery-review due-process fair-trial sixth-amendment trial-preparation |
(1) Does the District of South Dakota's Standing Order 16-04, which prohibits a defendant from independent review their discovery, deny defendants of … |
| 21-6058 |
David James Lola v. Florida |
Florida |
2021-10-22 |
Denied |
Relisted (2)IFP |
constitutional-interpretation criminal-procedure due-process federal-judiciary fifth-amendment fourteenth-amendment judicial-bias judicial-review legislative-review separation-of-powers sixth-amendment state-sovereignty |
Does due process pursuant to the Fourteenth Amendment protect an individual's right to express lawful speech free from state action and deliberate ind… |
| 21-6059 |
Terry Jonathan Phillips v. Florida |
Florida |
2021-10-22 |
Denied |
Response WaivedIFP |
constitutional-right criminal-defendant criminal-procedure due-process felony felony-offense fourteenth-amendment jury-trial sixth-amendment trial-procedure |
1. Whether the Sixth Amendment requires a twelve-person jury to try a criminal defendant accused of a felony offense. |
| 21-6060 |
Ance Payton v. United States |
Fifth Circuit |
2021-10-22 |
Denied |
Response WaivedIFP |
18-usc-3582 compassionate-release covid-19 criminal-procedure district-court federal-criminal-procedure health-conditions motion sentencing |
Whether the district court erred by denying Mr. Payton's Motion for Compassionate Release under 18 U.S.C. § 3582(c)(1)(A). |
| 21-6062 |
Craig Schenvinsky James v. United States |
Sixth Circuit |
2021-10-22 |
Denied |
Response WaivedIFP |
circuit-court-conflict circuit-split criminal-procedure due-process federal-sentencing judicial-review sentencing-commission sentencing-guidelines statutory-construction statutory-interpretation |
I. BECAUSE THERE IS A CONFLICT AMONG THE UNITED STATES CIRCUIT COURTS OF APPEAL OVER THIS MATTER, CAN THE SENTENCING COMMISSION'S COMMENTS TAKE PRECED… |
| 21-6011 |
Robert Leslie Stencil v. United States |
Fourth Circuit |
2021-10-20 |
Denied |
Response WaivedIFP |
adversarial-defendant clean-energy criminal-procedure defendant-prejudice due-process fraud-intent prejudice severance trial-severance |
Whether due process is violated when a trial court denies a motion to sever the trial, resulting in prejudice to petitioner because an adversarial def… |
| 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 |
1. Whether the courts below erred by upholding the trial court's determination that the only witness to petitioner's purported jailhouse confession wa… |
| 21-6023 |
Dina Elizabeth Guardado v. Eric Aldridge, Warden |
Virginia |
2021-10-20 |
Denied |
Response WaivedIFP |
attorney-client-privilege civil-rights criminal-procedure due-process legal-ethics standing |
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Sta±H Oct t&ui&n Clsu^
Shock Svd donS ShcSS MlC^durUS CI
9
d Hood IS it tfaut hC- UJOJS
asSi^neJ to bs m-i court
(tffoud&l… |
| 21-6024 |
Dudley Allen Hicks v. Florida |
Florida |
2021-10-20 |
Denied |
Response WaivedIFP |
counsel-competence criminal-procedure due-process evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel mental-competency post-conviction-relief right-to-counsel sixth-amendment |
VJWV V\\nM oP evxfAe-'Ote avd C'^cuvvisAa^ces n'lusV
be. CeveoAed Vo a CCxnVxnaN aVVo'r*>ey •Vo C-CeciVe
a boma Pde dloubV as Vo W\± cV»eoVs cor*pe.… |
| 21-6026 |
Barton R. Gaines v. Texas |
Texas |
2021-10-20 |
Denied |
IFP |
brady-rule constitutional-rights criminal-procedure due-process ineffective-assistance-of-counsel post-conviction-relief strickland-standard trial-counsel |
Like Brady, but with defense counsel (i.e., rather than the prosecutor), does the defendant have a reasonable expectation that his trial counsel will … |
| 21-6029 |
Daronnie Thompkins v. United States |
Ninth Circuit |
2021-10-20 |
Denied |
Response WaivedIFP |
bank-robbery coercion criminal-procedure due-process evidence-sufficiency firearm-enhancement interrogation interrogation-tactics involuntary-statements self-incrimination sentencing |
Whether Thompkins' incriminating statements were involuntary and should have been suppressed, where the interrogating officer: suggested that Thompkin… |
| 21-6033 |
Larry Gene Francis v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-10-20 |
Rehearing |
Response WaivedRelisted (2)IFP |
4th-amendment constitutional-rights criminal-procedure double-jeopardy due-process exculpatory-evidence fair-trial material-facts parole-violation state-misconduct testimony |
1) An administrative parole violation hearing?
2) Is it violation of Due Process of Law, when the "preponderance of testimony as to all material fact… |
| 21-6034 |
Clifton James Jackson v. United States |
Ninth Circuit |
2021-10-20 |
Denied |
Response WaivedIFP |
circuit-split criminal-conduct criminal-procedure discovery-violations federal-jurisdiction government-agencies indictment-defect mens-rea rehaif-v-united-states speedy-trial-act |
1. After Jackson was charged with and convicted of unlawful firearm possession, this Court overturned near-unanimous circuit authority by holding the … |
| 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 judgment of the Court of Appeals of Virginia, which affirmed the defendant's convictions … |
| 21-580 |
Vitaly Korchevsky v. United States, et al. |
Second Circuit |
2021-10-20 |
Denied |
Response Waived |
criminal-indictment criminal-procedure due-process evidence grand-jury grand-jury-clause insider-trading material-nonpublic-information securities-exchange-act securities-fraud stock-trading |
1. The Grand Jury Clause of the United States Constitution states that "[n]o person shall be held to answer for a capital, or otherwise infamous crime… |
| 21-581 |
Allen H. Loughry, II v. United States |
Fourth Circuit |
2021-10-20 |
Denied |
|
criminal-procedure extrajudicial-communication juror-contact juror-misconduct presumptive-prejudice remmer-hearing sixth-amendment social-media social-media-evidence trial-integrity |
In Remmer v. United States, 347 U.S. 227, 229 (1954), the Court held that "any private communication, contact, or tampering directly or indirectly, wi… |
| 21-568 |
Jason Jarvis v. United States |
Sixth Circuit |
2021-10-19 |
Denied |
Amici (1) |
criminal-law criminal-procedure extraordinary-and-compelling-reasons extraordinary-circumstances federal-law federal-law-change judicial-discretion retroactivity sentencing sentencing-reduction statutory-interpretation |
Whether non-retroactive changes in federal law can serve as "extraordinary and compelling reasons" warranting a sentence reduction under 18 U.S.C. § 3… |
| 21-5996 |
Jayson Thomas Weiss v. California |
California |
2021-10-19 |
Denied |
IFP |
appellate-review burden-of-proof criminal-procedure due-process standard-of-review sufficiency-of-evidence |
Question not identified. |
| 21-5997 |
Jeremiah Ybarra v. United States |
Fifth Circuit |
2021-10-19 |
Denied |
Response WaivedIFP |
criminal-procedure drug-statute due-process effective-counsel fifth-amendment grand-jury indictment jurisdiction prosecutorial-misconduct sixth-amendment |
WHETHER APPELLANT WAS DENIED HIS FIFTH AMENDMENT RIGHT TO A GRAND JURY PRESENTMENT OR INDICTMENT
WHETHER APPELLANT WAS DENIED HIS SIXTH AMENDMENT RIG… |
| 21-5998 |
In Re Anthony Terry |
|
2021-10-19 |
Denied |
IFP |
armed-career-criminal-act career-offender circuit-precedent circuit-split criminal-procedure elements-clause mens-rea sentencing-guidelines statutory-interpretation |
In a previous holding (Borden v United States, 141 S.Ct. 1817 (2021)), this Court determined that a mens rea element of "knowing and purposeful" is re… |
| 21-6000 |
Marius A. Brown v. United States |
Fourth Circuit |
2021-10-19 |
Denied |
Response WaivedIFP |
appointed-counsel criminal-procedure fruit-of-poisonous-tree fruit-of-the-poisonous-tree miranda-rights probable-cause search-warrant wanton-endangerment |
Section 61-7-12 of the West Virginia Code provides that the offense of wanton endangerment is committed if a person "wantonly performs any act with a … |
| 21-6001 |
Terence Tramaine Andrus v. Texas |
Texas |
2021-10-19 |
Denied |
Amici (8)Relisted (17)IFP |
capital-case criminal-procedure death-penalty effective-assistance-of-counsel habeas-corpus ineffective-assistance sixth-amendment stare-decisis strickland-v-washington vertical-stare-decisis |
I. On remand, did the Texas court reject this Court's conclusions in Andrus v. Texas, 140 S.Ct. 1875 (2020), which were amply supported by the habeas … |
| 21-6002 |
Mario Bachiller v. United States |
Eleventh Circuit |
2021-10-19 |
Denied |
Response WaivedIFP |
constitutional-vagueness criminal-procedure due-process harmless-error jury-conviction jury-instructions predicate-offense statutory-interpretation united-states-v-davis |
"It has long been settled that when a case is submitted to the jury on alternative theories the unconstitutionality of any of the theories requires th… |
| 21-6004 |
Olufolajimi Abegunde v. United States |
Sixth Circuit |
2021-10-19 |
Denied |
Response WaivedIFP |
circuit-split conspiracy-charges criminal-procedure due-process federal-rules-of-criminal-procedure indictment indictment-allegations rule-8-joinder venue venue-impropriety |
In determining the propriety of Joinder of offenses and/or defendants under Rule 8 Federal Rules of Criminal Procedure, there is a profound circuit sp… |
| 21-6006 |
Cory Wayne Kilgore v. United States |
Tenth Circuit |
2021-10-19 |
Denied |
Response WaivedIFP |
4th-amendment address-connection appellate-review child-pornography criminal-procedure fourth-amendment prior-conviction probable-cause search-warrant |
Did the Tenth Circuit, on review of the denial of Petitioner's motion to suppress, err in holding that the search warrant affidavit provided adequate … |
| 21-6008 |
Keyaira Porter v. Arizona |
Arizona |
2021-10-19 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
appellate-review batson-challenge comparative-juror-analysis criminal-procedure equal-protection jury-selection racial-discrimination standard-of-review trial-procedure |
For over a decade now, Courts have found themselves intractably divided on two important issues regarding the enforcement of Batson v. Kentucky, 476 U… |
| 21-6014 |
Yina Maria Castaneda Benavidez, aka La Reina, aka Ingeniera v. United States |
Eleventh Circuit |
2021-10-19 |
Denied |
Response WaivedIFP |
appeal conspiracy constitutional-rights criminal-law criminal-procedure drug-trafficking due-process evidence evidence-standard knowledge-element sentencing sentencing-disparity |
This petition arises from the affirm ance of a judgment of conviction and sentence to a term of 22 ½ years ' incarceration following a jury trial for … |
| 21-5982 |
Marcus Matthews v. United States |
Sixth Circuit |
2021-10-18 |
Denied |
Response WaivedIFP |
circuit-court-interpretation circuit-court-precedent controlled-substance-offense controlled-substances criminal-procedure criminal-sentencing federal-sentencing federal-sentencing-guidelines georgia-criminal-code sentencing-enhancement statutory-interpretation united-states-sentencing-guidelines |
Does a conviction under Official Code of Georgia Annotated ("OCGA") § 1613-30 qualify as a "controlled substance offense" for purposes of enhancing a … |
| 21-5989 |
Jeffrey G. Boyd v. United States |
Third Circuit |
2021-10-18 |
Denied |
Response WaivedIFP |
burden-of-proof circuit-split contested-element criminal-procedure due-process harmless-error jury-instruction jury-instructions knowledge-element standard-of-review |
Based on this Court's harmless error jurisprudence and that of seven other circuits, the government must establish beyond a reasonable doubt that an e… |
| 21-5992 |
Jose Miguel Ramirez-Rodriguez v. United States |
Fifth Circuit |
2021-10-18 |
Denied |
Response WaivedIFP |
COVID-19 criminal-procedure due-process equal-protection felony-convictions judicial-discretion medical-records procedural-error sentencing-enhancements sentencing-guidelines time-served |
-1-he. Scolcnce 4he Tudge (kiitheia Moo fez) eae d vivre Aan 4-14e Guedelmes Rom mord-)15- 4's on error sloe broke 4-he )sol rules -(4/Jere_ 7) -tkie … |
| 21-5967 |
Zenon Grzegorczyk v. United States |
Seventh Circuit |
2021-10-15 |
Denied |
Relisted (11)IFP |
collateral-review constitutional-challenge constitutional-law criminal-procedure due-process guilty-plea retroactivity substantive-law waiver |
Pursuant to this Court's holding in Class, does an unconditional guilty plea, by itself, waive a defendant's right to challenge his conviction under §… |
| 21-5970 |
Fredrick Devone Flemming v. United States |
Fourth Circuit |
2021-10-15 |
Denied |
Response WaivedIFP |
alleyne-v-united-states apprendi-v-new-jersey constitutional-law criminal-procedure due-process juvenile-delinquency prior-conviction sentencing-factor sentencing-factors sixth-amendment stare-decisis |
In Almendarez-Torres v. United States, 523 U.S. 224 (1998), this Court held that the fact of a prior conviction was a "sentencing factor," not an "ele… |
| 21-5978 |
Derek Levert Hall v. United States |
Eleventh Circuit |
2021-10-15 |
Denied |
IFP |
circuit-split criminal-procedure indigent-defendant pro-se pro-se-representation right-to-counsel sixth-amendment trial-counsel waiver |
The federal courts of appeals are about evenly split over whether an indigent criminal defendant's waiver of trial counsel requires a clear and unequi… |
| 21-5979 |
Leihinahina Sullivan, aka Jennifer Sullivan v. Reneau Kennedy, et al. |
Ninth Circuit |
2021-10-15 |
Denied |
IFP |
civil-rights competency constitutional-rights criminal-procedure due-process federal-jurisdiction judicial-subpoena medical-records patient-privacy psychotherapist-patient-privilege standing |
Does a judge vested by Statute to Subpoena a Criminal defendants treating Psychotherapist— patient records, Cannot over a criminal defendant's express… |
| 21-5988 |
Stephen B. Jones, Sr. v. Maryland |
Maryland |
2021-10-15 |
Denied |
Response WaivedRelisted (2)IFP |
appeal constitutional-law constitutional-provisions criminal-procedure due-process judicial-review jurisdiction legal-reasoning procedural-rules speedy-trial statutory-provisions |
Question not identified. |
| 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? |
| 21-5961 |
David K. Horsley v. Ohio |
Ohio |
2021-10-14 |
Denied |
Relisted (2)IFP |
appeal-waiver appellate-procedure constitutional-interpretation criminal-procedure due-process garza-v-idaho ineffective-assistance ineffective-assistance-of-counsel procedural-rule sixth-amendment state-appellate-procedure |
To clarify if what the United States Court held in Garza v. Idaho, 586 U.S. 10 (2019) applies to Ohio App. R. 26 (B)(1) which requires a defendant to … |
| 21-5973 |
Jesus Lopez-Mejia v. United States |
Fifth Circuit |
2021-10-14 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review criminal-law criminal-procedure due-process judicial-discretion sentencing sentencing-guidelines substantive-reasonableness |
I. Whether Petitioner's sentence was substantively unreasonable? |
| 21-5975 |
Modesto Balderas v. United States |
Fifth Circuit |
2021-10-14 |
GVR |
IFP |
armed-career-criminal-act borden-v-united-states criminal-procedure records-of-conviction sentencing sentencing-enhancement simple-robbery texas-penal-code violent-felony |
Whether the Texas offense of Simple Robbery, Tex. Penal Code §29.02(a) constitutes a "violent felony" under the Armed Career Criminal Act, 18 U.S.C. §… |
| 21-5976 |
Jude Joseph David Lovchik v. Virginia |
Virginia |
2021-10-14 |
Denied |
Response WaivedIFP |
circuit-split criminal-investigation criminal-procedure dna-evidence dna-testing expectation-of-privacy forensic-evidence fourth-amendment search-and-seizure search-warrant |
The Fairfax County Police seized trash from in front of Jude Lovchik's home. The items seized were then submitted to the Virginia Department of Forens… |
| 21-5977 |
In Re Rigoberto Melero Aguirre |
|
2021-10-14 |
Denied |
Response WaivedRelisted (2)IFP |
constructive-denial counsel-rights criminal-procedure due-process fraud-on-the-court fraud-upon-court ineffective-assistance-of-counsel judicial-proceedings miscarriage-of-justice plain-error-standard standard-of-review |
WHETHER THE CONSTRUCTIVE DENIAL OF COUNSEL DURING MELERO AGUIRRE'S JUDICIAL PROCEEDINGS, COUPLED WITH THE WHOLESALE ADOPTION BY THE FIFTH CIRCUIT, OF … |
| 21-5963 |
Norris Williams v. United States |
Eleventh Circuit |
2021-10-13 |
Denied |
Response WaivedIFP |
5th-amendment constitutional-rights criminal-investigation criminal-procedure due-process evidence fifth-amendment habeas-corpus investigation right-to-silence self-incrimination |
1. When a defendant in an investigation says "No" is it a 5th amendment violation. When does the investigation stop?
2. When new evidence is made ava… |
| 21-5951 |
Steven B. Baumgarten v. Erika Evans |
Washington |
2021-10-13 |
Denied |
Relisted (2)IFP |
civil-rights constitutional-rights criminal-procedure due-process excessive-punishment judicial-disqualification mental-illness mental-illness-discrimination perjury-allegations stalking stalking-evidence standing |
1) Is the U.S. Constitution and federal case law violated when a trial court
erred in finding substantial evidence of two or more distinct, individual… |
| 21-5956 |
Nolan Nathaniel Edwards v. United States |
Eleventh Circuit |
2021-10-13 |
Denied |
Response WaivedIFP |
criminal-procedure due-process first-step-act incarceration notice resentencing sentencing-modification supervised-release |
I. Whether § 404 of the First Step Act allows a district court to impose a term of supervised release not previously imposed, as it was not a componen… |
| 21-543 |
Mark Anthony Spell v. Louisiana |
Louisiana |
2021-10-13 |
Denied |
Response Waived |
constitutional-rights criminal-procedure criminal-prosecution due-process misdemeanor sixth-amendment speeding-ticket statute-of-limitations |
1. Does the Sixth Amendment permit the prosecution of a misdemeanor speeding ticket after the lapse of more than twenty years if there is no evidence … |
| 21-5889 |
Anibal Alejandro Hernandez v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-10-12 |
Denied |
IFP |
closing-argument courtroom-security criminal-procedure due-process fair-trial ineffective-assistance-of-counsel prejudicial-statements shackling trial-shackling |
Was Petitioner denied the effective assistance of counsel when his trial counsel failed to object to Petitioner being ordered by the trial court to be… |
| 21-5942 |
Michael Woolen v. California |
California |
2021-10-12 |
Denied |
IFP |
appellate-review appointment-of-counsel civil-rights constitutional-law criminal-procedure dismissal due-process equal-protection judicial-discretion procedural-due-process sentencing-guidelines |
DEPRIVATIONS OF EQUAL PROTECTION OF LAWS, FAILURE TO APPOINT COUNSEL TO ADA PETITIONER WITH 8TH GRADE COGNITIVE FUNCTION PREDICATED PROCEDURAL DUE PRO… |
| 21-5929 |
Jean Lynn Lillie v. Iowa |
Iowa |
2021-10-08 |
Denied |
Response WaivedIFP |
civil-procedure civil-rights constitutional-rights criminal-procedure due-process free-speech jury-trial repeat-offender sentencing-guidelines sixth-amendment standing takings |
Question not identified. |
| 21-5931 |
Noe Lopez Suchite v. New York |
New York |
2021-10-08 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process jury-information penal-law right-to-bear-arms second-amendment self-defense trial-transcripts |
NY-PENAL'LAW' '35.15 JUSTIFICATION .
I reasonably believes to defend myself,when I am risk of peril,
whenever can be in my defense. I. AM JUSTIFY
4.CO… |
| 21-5922 |
Edwin Oland Andrus v. United States |
Fifth Circuit |
2021-10-07 |
Denied |
Response WaivedRelisted (2)IFP |
certiorari-petition civil-rights constitutional-interpretation constitutional-law criminal-procedure due-process individual-rights judicial-review statutory-construction statutory-interpretation |
1. Should this Court grant writ of Certiorari addressing constitutional issues, correcting a miscarriage of justice that occurred when lower Court unc… |
| 21-516 |
Justin Haggerty v. United States |
Fifth Circuit |
2021-10-07 |
Denied |
|
18-usc-1152 affirmative-defense criminal-procedure element federal-jurisdiction indian-country interracial interracial-offense statutory-interpretation subject-matter-jurisdiction |
I. Whether the "interracial" nature of a minor offense in Indian Country is an element of 18 U.S.C. § 1152, rather than an affirmative defense, and th… |
| 21-5915 |
Thomas D. Holmes v. Randy Gibbs, Warden |
Eighth Circuit |
2021-10-06 |
Denied |
IFP |
appellate-review certificate-of-appealability constitutional-rights criminal-procedure criminal-statute defendant-rights due-process habeas-corpus judicial-procedure oral-verdict precedent sentencing |
Whether a Certificate of Appealability should have issued on the question of whether a Defendant can be imprisoned pursuant to an orally pronounced ve… |
| 21-5916 |
Ramiro Medina-Oliden v. United States |
Fifth Circuit |
2021-10-06 |
Denied |
Response WaivedIFP |
alleyne almendarez-torres appellate-procedure apprendi constitutional-law criminal-law criminal-procedure due-process precedent-analysis sentencing statutory-interpretation supreme-court-review |
Whether this Court should consider the continuing validity of Almendarez-Torres v. United States, 523 U.S. 244 (1998), in light of the reasoning of Ap… |
| 21-5871 |
Stephret R. Harvey v. Jason Kent, Warden |
Fifth Circuit |
2021-10-05 |
Denied |
IFP |
criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-review prosecution-bar state-court-record statute-of-limitations time-limitations |
Was counsel's performance deficient when counsel failed to conduct an independent investigation concerning the time limitations once the institution o… |
| 21-5894 |
Jeffrey Richard Martinson v. Arizona |
Arizona |
2021-10-05 |
Denied |
Response WaivedIFP |
acquittal constitutional-law criminal-procedure double-jeopardy double-jeopardy-doctrine fifth-amendment new-trial prosecutorial-misconduct trial-court-dismissal |
Whether the Double Jeopardy Clause of the Fifth Amendment bars retrial where the trial court dismissed the case with prejudice for bad faith prosecuto… |
| 21-5898 |
Ernest Gabriel Verdugo v. United States |
Ninth Circuit |
2021-10-05 |
Denied |
Response WaivedIFP |
abandoned-address criminal-procedure fourth-amendment independent-access law-enforcement motel-room probable-cause residence residence-definition search-and-seizure |
Whether police officers establish probable cause that a
motel room is a suspect's "residence" when they learn
that he has abandoned his reported addre… |
| 21-5903 |
Angela Johnson, et al. v. United States |
Federal Circuit |
2021-10-05 |
Denied |
Response WaivedRelisted (2)IFP |
civil-rights criminal-procedure domestic-violence due-process federal-governing-bodies federal-statutes legal-jurisdiction standing state-law takings victim-rights |
(1) CAN STATES OVERTURN FEDERAL STATUTES BY AND ENFORCEABLE
FEDERAL GOVERNING BODIES WITHOUT REBUKE OR AWARDING
EXPIATION, SPECIFICALLY UIFSA AND UC… |
| 21-502 |
Oklahoma v. Terrance Lucas Cottingham |
Oklahoma |
2021-10-05 |
Denied |
Amici (1)Relisted (3) |
criminal-law criminal-procedure federal-indian-law jurisdictional-challenge mcgirt-precedent native-american-law oklahoma-sovereignty overruling-precedent stare-decisis statutory-interpretation tribal-jurisdiction |
Whether McGirt v. Oklahoma, 140 S.Ct. 2452
(2020), should be overruled. |
| 21-496 |
Martez L. Smith v. United States |
Seventh Circuit |
2021-10-04 |
Denied |
Response WaivedRelisted (2) |
categorical-approach conspiracy criminal-law criminal-procedure guideline-interpretation overt-act sentencing-guidelines statutory-interpretation |
1. Whether the categorical approach for generic offenses applies to the offense of conspiring under U.S.S.G. § 4B1.2 Application Note 1 and requires a… |
| 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 |
• WM UaSn4 x allowed 4o -fixce. mw accuser or cross- examine. Won a\ final ?
* WhW cJoulclo4 /AW A\4omeV5/ MarK S-taPlefioo . Trai/i S S4roud and Ste… |
| 21-5855 |
Jeremiah Kyle Blaber v. Oregon |
Oregon |
2021-10-04 |
Denied |
Response WaivedIFP |
civil-rights constitutional-due-process criminal-procedure defendant-rights due-process individual-standard medical-appropriateness medical-coercion mental-health mental-health-standard physician-opinion trial-fitness |
1. Can the court medicate a defendant against the opinion of the defendant's treating physician under a "Sell order" (Sell vs. United States) for the … |
| 21-5858 |
Enrique E. Quintana v. United States |
Fifth Circuit |
2021-10-04 |
Denied |
Response WaivedIFP |
actual-innocence collateral-attack commerce-clause constitutional-challenge criminal-procedure indictment indictment-deficiency plea-agreement waiver |
Can a defendant who claims actual innocence after entering a plea agreement be barred from raising his actual innocence claim based on a Plea Agreemen… |
| 21-5867 |
James Dean Kendrick v. United States |
Second Circuit |
2021-10-04 |
Denied |
Response WaivedRelisted (2)IFP |
aiding-abetting aiding-and-abetting-liability criminal-jurisdiction criminal-procedure indian-reservation indian-reservations sentencing-guidelines title-21-usc title-21-usc-section-841(b)(1)(A) title-21-usc-section-848(e)(1)(A) title-21-usc-section-848(g)-(p) |
1. Can the Government's alleged motive for the murder of a non-Indian committed by another non-Indian, which occurred on the Cattaraugus Indian Reserv… |
| 21-5868 |
Ryan Russell Parks, aka Dinero v. United States |
Fourth Circuit |
2021-10-04 |
Denied |
Response WaivedIFP |
amendment constitutional-rights constructive-amendment criminal-procedure due-process fair-trial indictment ineffective-assistance post-conviction-relief variance |
Question not identified. |
| 21-5879 |
Dheadry Powell v. United States |
Tenth Circuit |
2021-10-04 |
Denied |
Response WaivedRelisted (2)IFP |
criminal-procedure district-court district-court-discretion first-step-act guidelines justification money-laundering resentencing sentencing sentencing-guidelines |
I. UNDER THE FIRST STEP ACT, DID THE DISTRICT COURT FAIL TO PROVIDE A SUFFICIENTLY COMPELLING JUSTIFICATION THAT THOROUGHLY EXPLAINS IT'S ABOVE THE GU… |
| 21-5839 |
Antonio Darnell Mays v. Tracy Johnson |
Seventh Circuit |
2021-10-01 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure due-process exclusionary-rule false-documents false-evidence false-statements fourth-amendment fundamental-question probable-cause search-and-seizure warrantless-search |
Question not identified. |
| 21-5844 |
James Malcolm Hale v. United States |
Fourth Circuit |
2021-10-01 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure district-court-disposition federal-criminal-procedure federal-rules federal-rules-of-criminal-procedure judicial-discretion pretrial-motion pretrial-motions procedural-waiver waiver |
Whether, in a federal criminal prosecution, a defendant who has not reserved in writing his right to appellate court review of an adverse determinatio… |
| 21-5845 |
Danny Collins v. United States |
Sixth Circuit |
2021-10-01 |
Denied |
Response WaivedIFP |
appeals certiorari criminal-procedure due-process habeas-corpus in-forma-pauperis ineffective-assistance-of-counsel sentencing service-of-process solicitor-general supreme-court-rule |
Question not identified. |
| 21-5848 |
Zackie Thomas Reed, IV v. United States |
Fifth Circuit |
2021-10-01 |
Denied |
Response WaivedIFP |
black-v-romano criminal-procedure due-process fifth-circuit narcotics narcotics-violation preponderance-of-evidence preponderance-standard revocation supervised-release |
Whether the preponderance of the evidence standard utilized by the United States Court of Appeals for the Fifth Circuit in a supervised release revoca… |
| 21-5849 |
Jason August Eisenach v. United States |
Eighth Circuit |
2021-10-01 |
Denied |
Response WaivedIFP |
civil-liberties civil-rights constitutional-rights criminal-procedure due-process ineffective-assistance-of-counsel judicial-review legal-standing plea-bargaining sentencing |
Why did may public defender help the prosecution by delaging the trial so the prosrcution could d
3.why Did my attorney at the last sicond ask me to … |
| 21-484 |
Oklahoma v. Sonny Raye McCombs |
Oklahoma |
2021-10-01 |
Denied |
Amici (2)Relisted (3) |
civil-rights criminal-procedure due-process federal-indian-law jurisdictional-challenge McGirt-precedent native-american-law oklahoma-sovereignty standing statutory-interpretation tribal-jurisdiction |
Whether McGirt v. Oklahoma, 140 S.Ct. 2452 (2020), should be overruled. |
| 21-486 |
Oklahoma v. Dakota James Alleyn Shriver |
Oklahoma |
2021-10-01 |
Denied |
Amici (1)Relisted (3) |
140 S.Ct. 2452 (2020) should be overruled appellate-review criminal-law criminal-procedure federal-jurisdiction indian-law jurisdictional-challenge mcgirt-precedent native-american-jurisdiction native-american-law native-american-rights oklahoma-law oklahoma-sovereignty precedent-review stare-decisis statutory-interpretation supreme-court-precedent tribal-jurisdiction tribal-sovereignty |
Whether McGirt v. Oklahoma, 140 S.Ct. 2452 (2020), should be overruled. |
| 21-488 |
Oklahoma v. Dakota Shay Fox |
Oklahoma |
2021-10-01 |
Denied |
Amici (1)Relisted (3) |
140 S.Ct. 2452 (2020) should be overruled appellate-review criminal-jurisdiction criminal-law criminal-procedure federal-indian-law jurisdiction jurisdictional-challenge mcgirt-precedent native-american-law oklahoma-sovereignty oklahoma-statehood stare-decisis tribal-jurisdiction tribal-sovereignty |
Whether McGirt v. Oklahoma, 140 S.Ct. 2452 (2020), should be overruled. |
| 21-482 |
Hassan Sharif Ali, aka Big Hassan v. United States |
Fourth Circuit |
2021-09-30 |
Denied |
Response Waived |
categorical-approach crime-of-violence criminal-procedure due-process jury-verdict modified-categorical-approach predicate-offense statutory-interpretation united-states-code united-states-v-davis |
Whether a court must apply the modified categorical approach to determine whether a verdict of conviction under 18 U.S.C. § 924(c) necessarily rests o… |
| 21-5828 |
Brandon Aaron Thomas v. California |
California |
2021-09-30 |
Denied |
IFP |
apartment-search constitutional-rights criminal-procedure fourth-amendment gang-evidence illegal-search illegal-searches illegal-seizures motion-to-proceed-in-forma-pauperis seizure |
Question not identified. |
| 21-5829 |
Amar Taylor v. United States |
Second Circuit |
2021-09-30 |
Denied |
Response WaivedIFP |
18-usc-924c 2nd-amendment crime-of-violence criminal-conviction criminal-procedure due-process firearm-statute statutory-interpretation supreme-court-precedent united-states-v-davis |
1. Whether Petitioner's conviction for using a firearm during a crime of violence in violation of 18 U.S.C. § 924(c) remains valid in light of United … |
| 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 |
Question not identified. |
| 21-5805 |
Jean Leonard Teganya v. United States |
First Circuit |
2021-09-29 |
Denied |
Response WaivedIFP |
circuit-split criminal-procedure false-statements obstruction-of-justice perjury sentencing-guidelines significant-further-obstruction |
1. The United States Sentencing Guidelines permit a two-point increase in offense level if the defendant obstructed or impeded the administration of j… |
| 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 |
1. Did the district court err when it allowed testimony
via two-way interactive video on foundational or "factual
scenario" grounds over confrontati… |
| 21-5808 |
In Re Tommy Rutledge |
|
2021-09-29 |
Denied |
Response WaivedIFP |
criminal-procedure double-jeopardy habeas-corpus judicial-discretion judicial-mandate mandate procedural-review res-judicata sentencing supreme-court-order vacatur |
When a District Court Judge has executed a mandate of the United States Supreme Court by vacating a charge and its sentence, can that same Judge reins… |
| 21-5814 |
Matthew David George v. Ohio |
Ohio |
2021-09-29 |
Denied |
IFP |
civil-rights compelled-speech constitutional-rights criminal-procedure due-process first-amendment free-speech judicial-mandate |
Is a court ordered apology letter in a criminal case a violation of the First Amendment's prohibition on compelled speech? |
| 21-5825 |
Raqib Abdul Al-Amin v. South Carolina |
South Carolina |
2021-09-29 |
Denied |
IFP |
compulsory-process constitutional-law constitutional-rights criminal-procedure cruel-and-unusual-punishment drug-offense due-process eighth-amendment evidence expert-witness mandatory-minimum sentencing-guidelines |
Whether the South Carolina Supreme Court error to akfirm the trial Coust's suling where the trial Court was convinced by the Sthte's 'thired-party gui… |
| 21-467 |
Clifton Merrill Parish v. Oklahoma, et al. |
Oklahoma |
2021-09-29 |
Denied |
Amici (1) |
collateral-review criminal-conviction criminal-procedure federal-jurisdiction habeas-corpus indian-law oklahoma-law retroactivity supreme-court-precedent tribal-jurisdiction |
Whether McGirt v. Oklahoma, 140 S. Ct. 2452 (2020), applies retroactively to convictions that were final when McGirt was announced. |
| 21-470 |
Eric Lee Brown v. United States |
Eleventh Circuit |
2021-09-28 |
Denied |
|
appellate-review circuit-split criminal-procedure federal-rule-criminal-procedure judicial-precedent legal-standard plain-error precedent standard-of-review statutory-interpretation |
Whether an error can be "plain" within the meaning of Federal Rule of Criminal Procedure 52(b) based on established legal principles, or whether an er… |
| 21-5792 |
Karl Roye v. United States |
Second Circuit |
2021-09-28 |
Denied |
Response WaivedIFP |
8th-amendment 8th-amendment-violation constitutional-law criminal-procedure eighth-amendment juvenile-sentencing life-without-parole mandatory-life-without-parole miller-v-alabama sentencing |
Whether the Second Circuit erred, in violation of the Eighth Amendment, when it concluded that Miller v. Alabama, 567 U.S. 460 (2012) condoned the imp… |
| 21-5797 |
George Verkler v. United States |
Ninth Circuit |
2021-09-28 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process judicial-misconduct plea-agreement presumption-of-innocence right-to-appeal right-to-counsel sentencing |
Does the presumption of innocence and due process mean that if a judge will not read what a defendant in a criminal case submits to the court, or if t… |
| 21-5798 |
Willie Israel Navarette v. United States |
Eighth Circuit |
2021-09-28 |
Denied |
Response WaivedIFP |
5th-amendment 6th-amendment criminal-procedure defendant-rights due-process evidence evidence-law impeachment suppression-hearing trial-testimony |
1. Whether testimony from a suppression hearing may be used for impeachment purposes if a defendant testifies at trial. |
| 21-5799 |
Robert Ronald Perales v. Texas |
Texas |
2021-09-28 |
Denied |
Response WaivedIFP |
civil-rights constitutional-law criminal-procedure due-process entrapment law-enforcement online-persona outrageous-government-conduct |
Outrageous government conduct exists when the actions of law enforcement are shocking to the universal sense of justice. Outrageous government conduct… |
| 21-5804 |
Kenneth Randale Door v. United States |
Ninth Circuit |
2021-09-28 |
Denied |
IFP |
circuit-split criminal-law criminal-procedure evidence evidence-sufficiency judgment-of-acquittal jurisdiction plain-error rehaif-standard rehaif-v-united-states |
Is review of a claim that the evidence was insufficient to establish the
knowledge of status required by Rehaif v. United States, 139 S. Ct. 2191
(201… |
| 21-5776 |
Bobby John Kobito v. United States |
Fourth Circuit |
2021-09-27 |
Denied |
Response WaivedIFP |
criminal-intent criminal-procedure due-process federal-crime sentencing-guidelines silencer silencer-possession terrorism terrorism-enhancement trial-court-discretion |
Whether the trial court erred in finding that the defendant's possession of a silencer was intended to promote a federal crime of terrorism, pursuant … |
| 21-5795 |
Ethan Guillen v. United States |
Tenth Circuit |
2021-09-27 |
Denied |
Amici (1)IFP |
circuit-split confession-admissibility constitutional-rights criminal-procedure interrogation-procedure law-enforcement-procedure miranda-warnings officer-intent question-first-interrogation seibert-v-missouri |
In determining the admissibility of post-warning confessions given during question-first interrogations, should courts apply the Seibert plurality's o… |
| 21-460 |
April Diane Myres v. United States |
Ninth Circuit |
2021-09-27 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
criminal-procedure due-process evidence evidence-admission fourth-amendment probable-cause self-incrimination warrantless-search |
Whether the Fourth Amendment permits the Government to introduce testimony, based only on the defendant's not consenting to warrantless fingerprinting… |
| 21-5775 |
Peter George Noe, aka Ghost v. United States |
Eighth Circuit |
2021-09-24 |
Denied |
Response WaivedIFP |
criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel sentencing sixth-amendment |
Question not identified. |
| 21-5777 |
Vance Keith Wilson v. Louisiana |
Louisiana |
2021-09-24 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
4th-amendment 5th-amendment bail civil-rights constitutional-rights criminal-procedure due-process evidence-challenge judicial-discretion pretrial-detention |
1. Is a district court authorized to, sua sponte, but without a Warrant or any quantum of suspicion, order a pretrial defendant, whose bond geemncnas … |
| 21-5782 |
Cenobio Humberto Herrera, Sr., aka Bert Herrera, aka Cenobio Herrera Lanz, aka Cenobio Humberto Lanz v. United States |
Ninth Circuit |
2021-09-24 |
Denied |
Response WaivedIFP |
abuse-of-discretion criminal-procedure custodial-status district-court methamphetamine methamphetamine-production ninth-circuit pseudoephedrine section-3553a sentencing sentencing-discretion |
1. Did the Ninth Circuit err in failing to vacate the district court's order because the court based its analysis on two clearly erroneous facts—the a… |
| 21-5783 |
Brian D. Smith v. Montana |
Montana |
2021-09-24 |
Denied |
Response WaivedIFP |
appeal criminal-procedure critical-stage due-process equal-protection ineffective-assistance-of-counsel plea-bargaining plea-withdrawal post-conviction procedural-default right-to-counsel sentencing |
Is a motion to withdraw guilty plea considered a "critical Stage" requiring the assistance of counsel for a person "too poor" to hire one at the follo… |
| 21-5787 |
In Re Randall Thomas McArty |
|
2021-09-24 |
Dismissed |
IFP |
civil-rights compassionate-release criminal-procedure due-process extraordinary-circumstances federal-procedure federal-sentencing habeas-corpus parole sentencing sentencing-reduction statutory-interpretation |
1. Whethe the prima fai requiement in 28uss 2244() wud funtion
enn renen ennt f a sentn ot ld l dee etio
of nelease or paude.
2). Whether 28 usc 246 … |
| 21-5742 |
Steven Wayne Isbel v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-09-23 |
Denied |
IFP |
civil-rights conflict-of-interest constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sixth-amendment standing trial-counsel |
Question One:
has
Whether the 5th Circvit Court of Appeals
that is in direct
conflict
with
entered a decision
the United States Supreme
Court precede… |
| 21-5766 |
Dionte Dortch v. United States |
Eighth Circuit |
2021-09-23 |
Denied |
Response WaivedIFP |
5th-amendment criminal-procedure deportation due-process firearm immigration-consequences ineffective-assistance plea-bargaining rico-statute simple-possession |
I WHETHER thE DUE PROCESS ClOUSE ANC THE SIth
AMENdMENT PRotECTS ThE ACCUSEd FROM A PlEA
of Guly To MatRial FActs Of SIMple PosSESSION
OF CocaINe aNd … |
| 21-5767 |
James Felton v. United States |
Second Circuit |
2021-09-23 |
Denied |
Response WaivedIFP |
criminal-procedure due-process implicit-bias jury-impartiality jury-selection racial-bias racial-prejudice sixth-amendment voir-dire |
Does our society's evolving understanding of the impact of implicit bias on jury behavior justify overturning the "substantial circumstances" test set… |
| 21-5772 |
Charles Eason v. United States |
Sixth Circuit |
2021-09-23 |
Denied |
Response WaivedIFP |
appellate-court armed-career-criminal-act chemical constitutional-challenge conviction criminal-procedure drug-classification drug-manufacturing remand sentencing-enhancement serious-drug statutory-interpretation |
I.
When the Appellate Court Interprets"Promotion" Of
A Chimical that "Could" be used to Manufacture as
a "Serious Drug" is Remand Required ?
II.
If… |
| 21-5774 |
Joseph Hilton Dierks v. United States |
Eighth Circuit |
2021-09-23 |
Denied |
Response WaivedIFP |
criminal-procedure due-process evidentiary-hearing exculpatory-evidence government-misconduct habeas-corpus |
Question not identified. |
| 21-5748 |
Kyle Evan Peterson v. United States |
Ninth Circuit |
2021-09-22 |
Denied |
Response WaivedIFP |
child-pornography circuit-split criminal-procedure exclusionary-rule knowledge-element plea-bargaining plea-colloquy post-hoc-warrant united-states-v-x-citement-video |
1. The Sixth and Ninth Circuits are split on whether, during a plea colloquy in a child pornography case, the district judge must explain to the defen… |
| 21-5751 |
Charles Elmer Kovary v. Willis Chapman, Warden |
Sixth Circuit |
2021-09-22 |
Denied |
Response WaivedIFP |
alibi-witness constitutional-rights criminal-procedure dna-evidence due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel post-conviction-relief trial-counsel witness-testimony |
1) Was Appellate Counsel ineffective for failing to raise
trial counsels ineffectiveness for failing to fully
investigate Alibi witness, and help Alib… |
| 21-5754 |
Cedrin Farodd Carter v. United States |
Eleventh Circuit |
2021-09-22 |
Denied |
IFP |
armed-career-criminal-act criminal-procedure different-occasions judicial-fact-finding jury-fact-finding prior-conviction sentencing-enhancement sixth-amendment |
Is a different-occasions finding, like other ACCA determinations about prior convictions, confined to matters essential to the fact of a prior convict… |
| 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 |
Question not identified. |
| 21-5758 |
Bobby Martin v. United States |
Eleventh Circuit |
2021-09-22 |
Denied |
Response WaivedIFP |
civil-rights constitutional-law constitutional-vagueness conviction-review criminal-procedure due-process federal-law harmless-error statutory-interpretation supreme-court |
Whether a conviction under 18 U.S.C. § 924(c)(1)(A), that was obtained in reliance on the unconstitutionally vague residual clause invalidated in Unit… |
| 21-440 |
Miguel Angel Santana v. Maryland |
Maryland |
2021-09-22 |
Denied |
Amici (3)Response Waived |
constitutional-integrity constitutional-rights criminal-procedure due-process false-testimony government-misconduct immunity-agreements prosecutorial-misconduct witness-immunity |
Whether, when a government witness provides material false testimony about an immunity agreement and the government fails to correct that false testim… |
| 21-447 |
Matthew Nix v. United States |
Second Circuit |
2021-09-22 |
GVR |
Relisted (2) |
actual-bias categorical-approach crime-of-violence criminal-procedure hobbs-act implied-bias juror-bias juror-dishonesty mcdonongh-power-equipment mcdonough-standard new-trial new-trial-standard |
1. Whether a new trial is warranted pursuant to this Court's decision in McDonough Power Equipment, Inc. v. Greenwood, 464 U.S. 548 (1984), only upon … |
| 21-5715 |
Ronald George Whitehouse v. United States |
Fifth Circuit |
2021-09-21 |
Denied |
Response WaivedIFP |
appellate-review burden-of-proof co-defendant criminal-procedure drug-offenses drug-quantity due-process fifth-circuit probation-officer reversible-error sentencing |
1.
THE PETITIONER OBJECTED TO THE PROBATION
OFFICER'S CONCLUSION THAT THIS DEFENDANT WAS
RESPONSIBLE TO 10 KILOS OF METHAMPHETAMINE AS
A RESULT OF GIV… |
| 21-5734 |
Tony Lamar Vann v. Ken Paxton, Attorney General of Texas, et al. |
Fifth Circuit |
2021-09-21 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure due-process police-misconduct racial-discrimination standing |
A fOUCt of ft ctd C»qiU UbGftlLy piANT
Q81M& ori &LmK MM, am r/% ewers p/s&cM#
/ul ut6AL ptfcAP/^ (j\m wow peoof.) |
| 21-5735 |
Juan Manuel Lira-Salinas v. United States |
Fifth Circuit |
2021-09-21 |
Denied |
Response WaivedIFP |
burden-of-production burden-of-proof criminal-procedure defendant-rights due-process fifth-circuit sentencing |
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 … |
| 21-5738 |
Daniel Jose Gomez v. Robert Dooley, Warden, et al. |
Eighth Circuit |
2021-09-21 |
Denied |
IFP |
appellate-review civil-procedure civil-rights constitutional-rights criminal-procedure due-process equal-protection federal-jurisdiction habeas-corpus jury-trial statutory-interpretation |
Question not identified. |
| 21-5712 |
George Ferrer Sanchez v. United States |
Eleventh Circuit |
2021-09-20 |
Denied |
Response WaivedIFP |
appeal-waiver criminal-procedure due-process judicial-review plea-agreement plea-bargaining prosecutorial-discretion right-to-appeal sentencing |
Across all federal circuits, the courts of appeals have held that, as part of a plea agreement with the government, a criminal defendant can waive his… |
| 21-5719 |
Edward Zinner v. United States |
Third Circuit |
2021-09-20 |
Denied |
Response WaivedRelisted (2)IFP |
aedpa conflict-of-interest constitutional-rights criminal-procedure due-process fraud-on-the-court government-failure-to-admit-or-deny habeas-corpus hazel-atlas prosecutorial-misconduct |
1. When prosecutors conspire with known conflicted defense counsel pre-indictment, and devise a scheme to deprive two targets in a criminal investigat… |
| 21-5723 |
Juan Manuel Pardo-Oseguera v. United States |
Fifth Circuit |
2021-09-20 |
Denied |
Response WaivedIFP |
criminal-procedure plain-error presentence-report safety-valve sentencing sentencing-reduction statutory-minimum weapons-enhancement |
A defendant in a federal criminal case, under the appropriate circumstances, is eligible for a reduction of 2 offense levels and to be sentenced witho… |
| 21-5724 |
Devin Lee Rintye v. California |
California |
2021-09-20 |
Denied |
Response WaivedIFP |
apprendi-v-new-jersey constitutional-rights criminal-procedure due-process ineffective-counsel miller-v-alabama mitigating-evidence sentencing youth youth-mitigation |
Does a State Court Violate a defendant's due process rights, in light of U.S. Supreme Court rulings in Appendix: New Jersey and Miller YAUW the Court … |
| 21-5725 |
Sergio Amaya-Martinez v. United States |
Fifth Circuit |
2021-09-20 |
Denied |
Response WaivedIFP |
28-u.s.c.s.-991(b) 5th-circuit circuit-court-interpretation criminal-procedure criminal-sentencing role-adjustment sentencing-fairness sentencing-guidelines statutory-interpretation u.s.s.g.-3b1.2 |
1. Whether the 5th Circuit Court has qualified the minor and minimal role adjustment commentary under U.S.S.G. §3 B1.2 such that the sentences in cons… |
| 21-5727 |
Frank Cisneros v. United States |
Sixth Circuit |
2021-09-20 |
Denied |
Response WaivedIFP |
conspiracy criminal-defense criminal-procedure federal-law ineffective-assistance plea-bargaining sentencing-enhancement statute-of-limitations withdrawal |
(1) Whether an attorney's admitted failure to investigate or present
a defendant's affirmative withdrawal from a conspiracy beyond
the applicable st… |
| 21-5689 |
Harold V. Hoskins v. Kevin Kauffman, Superintendent, State Correctional Institution at Huntingdon, et al. |
Third Circuit |
2021-09-17 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process fair-trial fifth-amendment fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel legal-representation right-to-counsel sixth-amendment |
WAS THE PETITIONER DENIED HIS SIXTH AMENDMENT RIGHT TO BE REPRESENTED BY COUNSEL AS MEANT BY THE SIXTH AMENDMENT
AND
DID THE ACTIONS OF "ALL" COUNSE… |
| 21-5690 |
Pedro Zavala-Armendariz v. United States |
Seventh Circuit |
2021-09-17 |
Denied |
Response WaivedIFP |
18-usc-3553(f) appellate-review criminal-procedure criminal-sentencing district-court judicial-discretion safety-valve sentencing statutory-interpretation |
Did the District Court err by not adequately explaining its ruling in applying or not applying the safety valve in connection with 18 U.S.C. §3553(f)? |
| 21-5691 |
Juan Guzman Zuniga, Jr. v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-09-17 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure due-process exclusionary-rule federal-courts fourth-amendment habeas-corpus probable-cause search-and-seizure standing warrantless-search |
(1) WHETHER HIS PETITION HABEAS CORPUS IS "SECOND OF SUCCESSIVE"?
(2) WHETHER THE PROCEDURAL DEFAULT RULING DECISION BY THE DISTRICT COURT ON PRIOR H… |
| 21-5699 |
Al-Kareem Rasool-Rachmaan Collier v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-09-17 |
Denied |
IFP |
actual-innocence civil-rights constitutional-law criminal-procedure due-process ineffective-assistance-of-counsel judicial-review legal-procedure prosecutorial-misconduct statutory-interpretation supreme-court |
^■Mou) d_tfie6j'M' mcI -the petitioner?
l\MMJlUm&„i4)A$LCmmitte4S- _ ^ _
^J^^6-^ilsct^t £&4t ktiJ?
~0uhide_m£(uinceJmproi&JyJ r(,u4kU&„k^ p
_ __
%-… |
| 21-5701 |
Michel Cherfrere v. Mark S. Inch, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2021-09-17 |
Denied |
IFP |
competency competency-examination criminal-procedure due-process faretta-v-california right-to-counsel self-representation speedy-trial standby-counsel |
Do United States Supreme Court supported any Defendant who competent have right to represent himself in the criminal case at the jury trial. Do United… |
| 21-5703 |
Mark French v. Frank B. Bishop, Jr., Warden, et al. |
Fourth Circuit |
2021-09-17 |
Denied |
IFP |
constitutional-violation criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel judicial-inquiry right-to-counsel trial-counsel trial-court-discretion |
1. IS IT A CONSTITUTIONAL VIOLATION WHEN A TRIAL COURT FAIL'S TO INQUIRY OR ADDRESS A DEFENDANT'S WRITTEN REQUEST ABOUT HIS CONCERNS ABOUT HIS TRIAL C… |
| 21-5705 |
Lazaro Fernandez v. Jonathan W. Blodgett |
First Circuit |
2021-09-17 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure dna-evidence dna-testing due-process exculpatory-evidence forensic-analysis post-conviction-relief saliva |
Whether it was error for the Court of Appeals to uphold the District Court in denying to order testing of the biology found at the crime scene, the al… |
| 21-5708 |
Rodney Dale Hood v. Texas |
Texas |
2021-09-17 |
Denied |
IFP |
contract-law contractual-interpretation criminal-procedure due-process fraud fraud-in-judicial-proceedings judgment judicial-discretion plea-agreement plea-bargaining state-power |
1. Wether the current Due Process standard for interpreting the obligations of the parties in plea agreements Is to broad?
2. Are the States free to … |
| 21-5709 |
Miguel Gonzalez v. Pennsylvania |
Pennsylvania |
2021-09-17 |
Denied |
IFP |
appellate-review constitutional-rights criminal-procedure due-process judicial-error legal-precedent mccoy-v-louisiana retroactivity supreme-court supreme-court-interpretation |
Did the Supreme Court, Superior Court and trial Court commit reversible error when they held that a new constitutional right was not created by the Su… |
| 21-5710 |
Charles L. Fieldgrove v. Scott R. Frakes, Director, Nebraska Department of Correctional Services, et al. |
Nebraska |
2021-09-17 |
Denied |
Response WaivedIFP |
constitutional-law constitutional-rights criminal-procedure due-process equal-protection habeas-corpus sentencing statutory-interpretation |
A Criminal Defendant's initial Habeas Corpus action, filed for the purpose determining the validty of the statutes convicted and sentence under, as be… |
| 21-5679 |
Toye Tutis v. United States |
Third Circuit |
2021-09-16 |
Denied |
Response WaivedIFP |
cell-site-simulator criminal-procedure fourth-amendment plea-agreement plea-bargaining privacy privacy-rights search-and-seizure wiretap wiretap-order |
WHETHER EMPLOYMENT OF A "CELL-SITE SIMULATOR", IN ORDER TO DETERMINE IF THE PETITIONER POSSESSED ANOTHER CELLPHONE, OR CELLPHONES, CONSTITUTED AN INFR… |
| 21-5693 |
Eleno Guillen-Morales v. United States |
Fifth Circuit |
2021-09-16 |
Denied |
Response WaivedIFP |
Almendarez-Torres case-law court-of-appeals criminal-procedure due-process judicial-review jury-trial legal-precedent sentencing Sixth-Amendment supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-416 |
Darell Anthony Anderson v. United States |
Sixth Circuit |
2021-09-16 |
Denied |
Response WaivedRelisted (2) |
breach civil-procedure contract contract-law criminal-appeal criminal-procedure due-process legal-procedure plea-agreement |
(1). The petitioner's direct appeal, as of right, was not adjudicated in accord with due process of law, and the plea agreement contract is vague, and… |
| 21-408 |
Gertrude Parker v. United States |
Fifth Circuit |
2021-09-15 |
Denied |
Response Waived |
conspiracy-charge criminal-intent criminal-procedure effective-assistance-of-counsel general-verdict insufficient-evidence jury-verdict medicare medicare-statutes reasonable-interpretation sixth-amendment |
WHETHER PARKER WAS DENIED EFFECTIVE ASSISTANCE OF COUNSEL GUARANTEED BY THE SIXTH AMENDMENT TO THE UNITED STATES CONSTITUTION AS A RESULT OF HER TRIAL… |
| 21-410 |
Gregorio Gigliotti and Angelo Gigliotti v. United States |
Second Circuit |
2021-09-15 |
Denied |
Response WaivedRelisted (2) |
4th-amendment 4th-amendment-violation constitutional-standard criminal-investigation criminal-procedure foreign-law-enforcement fourth-amendment joint-investigation law-enforcement wiretapping |
1. Whether the Fourth Amendment is violated when foreign law enforcement officials engage in wiretapping at the behest of United States officials purs… |
| 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 |
1. There is a split in the federal courts of appeals and several state courts regarding the following question: Whether a Defendant's 6th Amendment Co… |
| 21-5675 |
Jayson Neil Sparks v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-09-15 |
Denied |
IFP |
civil-rights constitutional-protections criminal-procedure due-process equal-protection indigenous-rights jurisdiction native-american-law sentencing |
WAS PETITIONER NOT OWED THE MIMISTERIOL DUTY BU THE JS. DIBTRICT COURT OF A FOL AND FOIR HEARING OF TUE FIIED S ZZSY LOBEAS CRPUS?
ACCORDING TO US. C… |
| 21-5682 |
Sheila Davalloo v. Amy Lamanna, Superintendent, Bedford Hills Correctional Facility, et al. |
Second Circuit |
2021-09-15 |
Denied |
IFP |
criminal-procedure due-process faretta-hearing mckaskle-v-wiggins right-to-counsel self-representation sixth-amendment standby-counsel |
Most federal courts of appeal require that defendants are aware of the "dangers and disadvantages" of self-representation prior to waiver of their Six… |
| 21-5683 |
Jerome McBride v. Jeff Nines, Warden, et al. |
Fourth Circuit |
2021-09-15 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights constitutional-supremacy criminal-procedure due-process federalism habeas-corpus ineffective-assistance post-conviction-relief separation-of-powers standing |
Did the State-Division and the Federal-Division unconstitutional-Convert adopt depriving/
.This question
is inlight.
is the Petitioner beina Subject … |
| 21-5684 |
Zaire Paige v. Stewart Eckert, Superintendent, Wende Correctional Facility, et al. |
Second Circuit |
2021-09-15 |
Denied |
Response WaivedIFP |
constitutional-confrontation constitutional-rights courtroom-presence criminal-procedure due-process habeas-corpus illinois-v-allen judicial-discretion second-circuit trial-rights |
Whether petitioner was denied his constitutional right to
be present at his trial, where the judge ejected him after a
single, brief, spontaneous, non… |
| 21-5653 |
In Re Matthew Phillips |
|
2021-09-14 |
Denied |
IFP |
criminal-procedure exclusionary-rule fourth-amendment probable-cause reasonable-expectation-of-privacy search-and-seizure |
Matthew Sherman Phillips did not receive the "effective assistance of counsel," as guaranteed by the Sixth Amendment of the United States of America's… |
| 21-5661 |
Raymond Moya v. United States |
Tenth Circuit |
2021-09-14 |
Denied |
Response WaivedIFP |
causation causation-of-death criminal-law criminal-procedure drug-distribution evidence evidence-suppression expert-testimony motion-in-limine motion-to-dismiss |
PROPOSITION ONE: Whether the District Court erred in denying Moya's Motion to Dismiss Count 2 in that there was insufficient evidence that the heroin … |
| 21-5668 |
Freddy Angel Trujillo v. Raymond Madden, Warden |
Ninth Circuit |
2021-09-14 |
Denied |
IFP |
criminal-procedure due-process fair-trial fourteenth-amendment gang-evidence joinder joinder-of-charges prejudicial-evidence summary-reversal |
Trujillo's trial was rendered fundamentally unfair due to the joint trial of unrelated charges and the admission of highly prejudicial gang evidence r… |
| 21-403 |
Bruce H. Zitka, et ux. v. Michigan |
Michigan |
2021-09-14 |
Denied |
Response Waived |
civil-rights court-order criminal-procedure due-process entrapment-by-estoppel government-liability governmental-officials jury-trial legal-defense res-judicata |
Were the Zitkas denied the right to present evidence to show the jury a prior court order authorized their conduct and to show they acted as they did … |
| 21-5655 |
Timothy Dean Leners v. Wyoming |
Wyoming |
2021-09-13 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure discovery due-process effective-counsel ineffective-assistance pro-se-representation prosecutorial-misconduct right-to-appeal sixth-amendment |
ONE: Was Defendant's 6th Amend. right to Effective Counsel violated when 1st chair appointed counsel testified at W.R.A.P. 21 hearing for new trial th… |
| 21-5658 |
Elias G. Montalvo v. Isidro Baca, Warden, et al. |
Ninth Circuit |
2021-09-13 |
Denied |
Response WaivedIFP |
constitutional-search criminal-procedure due-process fourth-amendment habeas-corpus jury-instructions lesser-included-offense motion-to-suppress open-murder voluntary-manslaughter |
Question not identified. |
| 21-5641 |
Conoly Freddie Franklin, III, and Andre Anthony Franklin, aka Tommy Martin v. United States |
Ninth Circuit |
2021-09-10 |
Denied |
Response WaivedIFP |
charging-document circuit-split criminal-procedure federal-rules federal-rules-of-criminal-procedure good-cause judicial-review plain-error plain-error-review sufficiency |
Does Federal Rule of Criminal Procedure 12(b)(3) bar reviewing the sufficiency of a charging document absent a showing of good cause as the Ninth Circ… |
| 21-5645 |
In Re Donald Mack |
|
2021-09-10 |
Denied |
IFP |
constitutional-challenge criminal-conviction criminal-procedure due-process fourteenth-amendment habeas-corpus mental-incompetence pate-v-robinson procedural-rules |
The Due Process Clause of the Fourteenth Amendment prohibits states from trying or convicting a defendant who is mentally incompetent. See Pate v. Rob… |
| 21-5648 |
O. B. Davis, Jr. v. Johnny Sumlin, Warden |
Fifth Circuit |
2021-09-10 |
Denied |
IFP |
constitutional-rights criminal-procedure cruel-and-unusual-punishment due-process habeas-corpus ineffective-assistance-of-counsel nolo-contendere prosecutorial-misconduct supreme-court-review witness-testimony |
Whether the Court's adjudication of this case ensue from a decision that was to, or involve an unreasonable application of, clearly established law as… |
| 21-5625 |
Phillip Shawn Horton v. United States |
Fifth Circuit |
2021-09-09 |
Denied |
Response WaivedIFP |
case-law criminal-procedure double-jeopardy due-process judicial-interpretation legal-conflict procedural-review remand remand-order sentencing stare-decisis supreme-court-precedent |
I. Should this Court should grant review to determine whether the opinion of the court below conflicts with this Court's decisions in Witte v. United … |
| 21-5635 |
Jamail D. Hairston v. Massachusetts |
Massachusetts |
2021-09-09 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure due-process harmless-error miranda-rights miscarriage-of-justice police-testimony right-to-remain-silent right-to-silence sufficiency-of-evidence |
DID THE APPEALS COURT ERR IN HOLDING THAT NO SUBSTANTIAL RISK OF A MISCARRIAGE OF JUSTICE RESULTED FROM OFFICER PAGAN'S ERRONEOUS TESTIMONY ABOUT HAIR… |
| 21-5589 |
Michael Lee Gordon v. United States |
Third Circuit |
2021-09-08 |
Denied |
IFP |
civil-rights constitutional-violation conviction-challenge criminal-procedure due-process federal-review habeas-corpus ineffective-counsel sentencing standing |
1. whether the United States District Court or not has jurisdiction to grant Habeas Corpus relief for WNH pursuant to 28 U.S.C. 2241
2. whether or no… |
| 21-5599 |
Robert Nathan Hensley v. United States |
Eighth Circuit |
2021-09-08 |
Denied |
Response WaivedIFP |
2nd-amendment civil-rights criminal-procedure due-process ineffective-assistance-of-counsel jury-instructions |
On an important matter, and subsequent to a capital case of Texas 5495, and east the Government VEN Prose Knowyes by Ay @ Leite peldover; Not uF B, wd… |
| 21-5600 |
Linda Hardison v. United States |
Seventh Circuit |
2021-09-08 |
Denied |
Response WaivedIFP |
actual-innocence constitutional-law constitutional-review court-procedure criminal-procedure documentary-evidence due-process habeas-corpus judicial-error judicial-review legal-adjudication |
CAN THE DISTRICT COURT AND THE APPEALS' COURT OVERLOOK A BLATANT
ERROR OF LAW WHEN THE PETITIONER PRESENTED ALL DOCUMENTARY
EVIDENCE AND DECLARATIONS … |
| 21-5601 |
Abdullah Hamidullah v. United States |
Eleventh Circuit |
2021-09-08 |
Denied |
Response WaivedIFP |
colloquy constitutional-law criminal-procedure due-process federal-courts guilty-plea motion-to-withdraw plea-bargaining rule-11 sentencing |
1. DID. THE DISTRICT'COURT VIOLATE THE DEFENDANT'S SUBSTANTIAL DUE
PROCESS RIGHTS DURING THE MANDATORY RULE 11 COLLOGUY?
2. DID THE COURT ERR WHEN TH… |
| 21-5607 |
Terry R. Smith v. United States |
Sixth Circuit |
2021-09-08 |
Denied |
Response WaivedIFP |
autopsy autopsy-requirement black-lung-disease cause-of-death civil-rights compensation-claim criminal-procedure due-process evidence medical-evidence |
A Reason(s) Wh+ Wftuse, of 4V ^p\\+- of ^
+Wis MA+feR +W (^ <3lWisioA/ / U)WcV\ is J
C.A a/ you iACCuRjdely <SeWmiA^, A 4n0e, cwu^ of cW"^
U)>4Wf AV … |
| 21-5611 |
In Re Andrew James Johnston |
|
2021-09-08 |
Dismissed |
IFP |
attempted-crime bank-robbery civil-rights criminal-procedure cross-examination due-process intimidation jury-instructions prosecutorial-discretion |
Will this Court issue a writ of habeas corpus that vacates the conviction and sentence imposed in Case No. 1:17-cr-517, under a version of a federal c… |
| 21-369 |
Oklahoma v. Bea Ann Epperson |
Oklahoma |
2021-09-08 |
Denied |
Amici (1)Relisted (3) |
criminal-appellate-review criminal-procedure federal-indian-law jurisdictional-challenge mcgirt-precedent native-american-law native-american-rights oklahoma-criminal-law overruling-precedent stare-decisis statutory-interpretation tribal-jurisdiction |
Whether McGirt v. Oklahoma, 140 S. Ct. 2452 (2020), should be overruled. |
| 21-370 |
Oklahoma v. Travis Dray Stewart |
Oklahoma |
2021-09-08 |
Denied |
Amici (1)Relisted (3) |
criminal-law criminal-procedure federal-jurisdiction indian-law judicial-review McGirt-precedent native-american-rights oklahoma-sovereignty statutory-interpretation tribal-jurisdiction tribal-sovereignty |
Whether McGirt v. Oklahoma, 140 S. Ct. 2452 (2020), should be overruled. |
| 21-371 |
Oklahoma v. Jeffery Arch Jones |
Oklahoma |
2021-09-08 |
Denied |
Amici (1)Relisted (3) |
criminal-law criminal-procedure due-process federalism judicial-review McGirt-precedent native-american-law native-american-rights oklahoma-sovereignty stare-decisis statutory-interpretation tribal-jurisdiction |
Whether McGirt v. Oklahoma, 140 S. Ct. 2452 (2020), should be overruled. |
| 21-373 |
Oklahoma v. Joses Ric-E Beck |
Oklahoma |
2021-09-08 |
Denied |
Amici (1)Relisted (3) |
criminal-law criminal-procedure federal-indian-law jurisdiction jurisdictional-challenge McGirt-precedent native-american-law native-american-rights oklahoma-sovereignty stare-decisis statutory-interpretation tribal-jurisdiction |
Whether McGirt v. Oklahoma, 140 S. Ct. 2452 (2020), should be overruled. |
| 21-356 |
Jermain V. Richards v. Connecticut |
Connecticut |
2021-09-07 |
Denied |
Response Waived |
criminal-procedure double-jeopardy due-process fifth-amendment fourteenth-amendment hung-jury mistrial perez-v-united-states richardson-v-united-states |
After Ramos v. Louisiana required unanimous juries to convict criminal defendants, only Oregon preserved nonunanimous jury verdicts in criminal cases,… |
| 21-5584 |
Guerly Alexis v. United States |
Eleventh Circuit |
2021-09-07 |
Denied |
Response WaivedIFP |
circuit-split criminal-procedure criminal-sentencing eleventh-circuit equal-protection fair-sentencing-act first-step-act sentencing-relief statutory-interpretation |
Whether a defendant whose offense preceded the enactment of the Fair Sentencing Act of 2010, and who was sentenced after its enactment, but not necess… |
| 21-5553 |
F. Daly v. Maine |
Maine |
2021-09-03 |
Denied |
Response WaivedIFP |
beyond-reasonable-doubt boyde-v-california burden-of-proof constitutional-standard criminal-procedure due-process jury-instructions standard-of-proof sullivan-v-louisiana witness-testimony |
The testimony of a single witness is sufficient to prove any fact and would justify a verdict in accordance with such testimony even if a number of wi… |
| 21-5568 |
Carl Anthony Wilson v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-09-03 |
Denied |
Relisted (2)IFP |
blood-evidence blood-search constitutional-rights criminal-procedure due-process exculpatory-evidence fourth-amendment jury-selection prosecutorial-misconduct retroactivity |
FftUomtE to ft DEFEUDfiFr AFTER HE HNS BEER TOLD -TO
THRU OUBR EUzDEMCE FfiuoRA&LE To THE DEPENDENT? A
]Y)072IO a/ fiOR EUXDEHClF FftUoRBBLE TO THE D… |
| 21-5574 |
Walter Manuel Marques-Mejia v. United States |
Fifth Circuit |
2021-09-03 |
Denied |
Response WaivedIFP |
Almendarez-Torres burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-conviction sentencing statutory-maximum |
Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 21-5575 |
Frederick Arayatanon v. United States |
Fifth Circuit |
2021-09-03 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure criminal-trial defendant-rights district-court due-process evidence evidentiary-admission fair-trial jail-telephone-calls presumption-of-innocence |
Do-es —t-he—admirs's!on of "jail telephone calls by the District
Court during defendant's trial undermine defendant's presumption
of innocence? |
| 21-5578 |
Guy Don Minze v. Texas |
Texas |
2021-09-03 |
Denied |
IFP |
court-of-appeals criminal-procedure due-process evidentiary-facts jurisdiction notice penal-code prosecutorial-misconduct prosecutorial-vindictiveness standard-of-review sufficiency-of-evidence tex-r-app-p |
Did the Court of Appeals err in failing to base its Opinion on the evidentiary and adjudicated facts in the record i.e. the Trial Court's "judgment of… |
| 21-5579 |
Emmanuel Perez v. Nebraska |
Nebraska |
2021-09-03 |
Denied |
Response WaivedIFP |
circuit-court-split circuit-split criminal-procedure due-process evidence-admissibility evidence-rule evidentiary-standard federal-rules-of-evidence inextricably-intertwined judicial-interpretation standard-of-review |
There is a split between the United States Circuit Courts regarding whether the "inextricably intertwined " standard is a proper exception to Fed.R.Ev… |
| 21-5559 |
Selvin Leonell Hernandez v. United States |
Fifth Circuit |
2021-09-02 |
Denied |
Response WaivedIFP |
2nd-amendment commerce-clause criminal-procedure criminal-statute evidence evidentiary-standard federal-law firearm-possession interstate-commerce jurisdictional-element mens-rea |
Whether possession of a firearm is "in or affecting commerce" when there is no evidence that the defendant moved the firearm across state lines or tha… |
| 21-5563 |
William Ferguson v. United States |
Ninth Circuit |
2021-09-02 |
Denied |
Response WaivedIFP |
18-usc-242 18-usc-924c crime-of-violence criminal-procedure davis-ruling due-process johnson-ruling johnson-v-united-states predicate-offense section-924c statutory-interpretation united-states-v-davis |
Whether a defendant's convictions for violating 18 U.S.C. § 924(c) should be vacated, where each § 924(c) charge had, as an underlying predicate, a vi… |
| 21-340 |
Orlando Carter v. District of Columbia |
District of Columbia |
2021-09-02 |
Denied |
Amici (1)Response RequestedResponse WaivedRelisted (2) |
6th-amendment constitutional-right court-of-appeals criminal-procedure due-process groppi-precedent groppi-v-wisconsin impartial-jury venue venue-change |
Whether the District of Columbia Court of Appeals'
categorical prohibition on changes of venue deprives
defendants of the right to trial by an imparti… |
| 21-319 |
Oklahoma v. Nacole Ryan Bain |
Oklahoma |
2021-09-01 |
Denied |
Amici (1)Relisted (3) |
criminal-law criminal-procedure federal-jurisdiction jurisdictional-challenge mcgirt-precedent native-american-law oklahoma-law stare-decisis state-sovereignty statutory-interpretation supreme-court-review tribal-jurisdiction |
Whether McGirt v. Oklahoma, 140 S. Ct. 2452 (2020), should be overruled. |
| 21-320 |
Oklahoma v. Robert William Perry, II |
Oklahoma |
2021-09-01 |
Denied |
Amici (1)Relisted (3) |
criminal-appellate-review criminal-procedure federal-indian-law jurisdictional-challenge mcgirt-precedent native-american-law native-american-sovereignty oklahoma-criminal-law overruling-precedent stare-decisis statutory-interpretation tribal-jurisdiction |
Whether McGirt v. Oklahoma, 140 S. Ct. 2452 (2020), should be overruled. |
| 21-323 |
Oklahoma v. Michael Eugene Spears |
Oklahoma |
2021-09-01 |
Denied |
Amici (1)Relisted (3) |
140 S. Ct. 2452 (2020) should be overruled criminal-appellate-review criminal-procedure federal-indian-law jurisdictional-challenge mcgirt-precedent native-american-law native-american-rights native-american-sovereignty oklahoma-criminal-law oklahoma-sovereignty stare-decisis statutory-interpretation tribal-jurisdiction tribal-sovereignty |
Whether McGirt v. Oklahoma, 140 S. Ct. 2452 (2020), should be overruled. |
| 21-326 |
Oklahoma v. Devin Warren Sizemore |
Oklahoma |
2021-09-01 |
Denied |
Amici (1)Relisted (3) |
criminal-law criminal-procedure federal-indian-law jurisdictional-challenge McGirt-precedent native-american-law native-american-rights oklahoma-sovereignty stare-decisis statutory-interpretation tribal-jurisdiction tribal-sovereignty |
Whether McGirt v. Oklahoma, 140 S. Ct. 2452 (2020), should be overruled. |
| 21-327 |
Oklahoma v. Floyd Joseph Ball, Jr. |
Oklahoma |
2021-09-01 |
Denied |
Amici (1)Relisted (3) |
criminal-appellate-review criminal-procedure due-process federalism jurisdictional-challenge mcgirt-precedent native-american-law native-american-sovereignty oklahoma-criminal-law stare-decisis statutory-interpretation tribal-jurisdiction |
Whether McGirt v. Oklahoma, 140 S. Ct. 2452 (2020), should be overruled. |
| 21-334 |
In Re Jody Tremayne Wafer |
|
2021-09-01 |
Denied |
|
article-iii constitutional-law constitutional-rights criminal-law criminal-procedure due-process liberty liberty-interest marijuana-laws political-question standing |
Federal marijuana laws are constitutional because marijuana is not a
fundamental right. Judicial review of these criminal laws has been rational
basis… |
| 21-5526 |
Duane Kelly v. Steven Johnson, Administrator, New Jersey State Prison |
Third Circuit |
2021-09-01 |
Denied |
Response WaivedIFP |
criminal-procedure district-court-review double-jeopardy due-process evidentiary-hearing inconsistent-verdict inconsistent-verdicts post-conviction-relief reasonable-jurist state-court-decision |
1.) WAS THE DISTRICT COURTS FINDINGS THAT THE STATE COURT REASONABLY APPLIED THE INCONSISTENT VERDICT LAW IN THIS CASE CORRECT?
2.) WOULD A REASONABL… |
| 21-5547 |
Yimoe Siddha v. Donald B. Sealing, II, et al. |
Fourth Circuit |
2021-09-01 |
Denied |
IFP |
civil-rights criminal-procedure due-process free-speech habeas-corpus standing |
Question not identified. |
| 21-5548 |
Brent Anderson v. United States |
Fifth Circuit |
2021-09-01 |
Denied |
Response WaivedIFP |
criminal-procedure double-counting firearm-possession plain-error reckless-endangerment sentencing-enhancement sentencing-guidelines vehicular-flight |
I. Did the district court plainly err when it applied a 2-level enhancement for "reckless endangerment during flight" after already applying a 4-level… |
| 21-5551 |
Floyd Flugence v. Darrel Vannoy, Warden |
Fifth Circuit |
2021-09-01 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-law criminal-procedure due-process intent jury-evidence louisiana second-degree-murder specific-intent sufficiency-of-evidence |
1. Whether the evidence was sufficient to support, the finding of guilt, in accordance with La. R.S. 14:30.1 (Second Degree Murder) where there was no… |
| 21-5558 |
William Paul Langrum, II v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-09-01 |
Denied |
IFP |
aedpa aedpa-limitations appeal criminal-procedure habeas-corpus ineffective-assistance investigation pre-trial-investigation presumption-of-prejudice statute-of-limitations strickland-standard |
1) The flntiterrorism and Effective Death Penalty Act of 1996 (AEDPA) establishes a one-year statute of limitations for state inmates seeking federal … |
| 21-5537 |
John Creech v. United States |
Sixth Circuit |
2021-08-31 |
Denied |
Response WaivedIFP |
brady-materiality brady-v-maryland conviction criminal-procedure defense-strategy disclosure due-process evidence-disclosure litigation-strategy materiality prosecutorial-misconduct sixth-circuit |
Is evidence material for purposes of Brady v. Maryland, 373 U.S. 83 (1963), if its disclosure would affect defense litigation strategy? |
| 21-5541 |
Dan Kenny Delva v. United States |
Eleventh Circuit |
2021-08-31 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-defendant criminal-procedure due-process effective-assistance-of-counsel ineffective-assistance-of-counsel joint-trial right-to-counsel severance sixth-amendment trial-severance |
Whether it is debatable Mr. Delva was denied a Sixth Amendment
right under the United States Constitution to effective assistance
of counsel when his… |
| 21-306 |
Troy Seales v. California |
California |
2021-08-31 |
Denied |
|
counsel-rights criminal-procedure due-process ex-parte-hearing ineffective-assistance right-to-be-present right-to-counsel trial-fairness |
1. Did the Supreme Court err in failing to rule that the exclusion of
Petitioner and his counsel from an ex parte hearing violated
Petitioner's rights… |
| 21-5515 |
Kenneth Hairston v. Pennsylvania |
Pennsylvania |
2021-08-30 |
Denied |
IFP |
aggravating-factor criminal-procedure death-penalty felony-convictions ineffective-assistance prosecutorial-misconduct victim-impact victim-impact-testimony |
TRIAL COUNSEL GAVE INEFFECTIVE ASSISTANCE FOR FAILING TO OBJECT TO THE PROSECUTOR'S IMPROPER ARGUMENT REGARDING VICTIM IMPACT TESTIMONY USED TO SUPPOR… |
| 21-5516 |
In Re Freddy Perkins |
|
2021-08-30 |
Denied |
Response WaivedIFP |
841-b-1-a 846 851-enhancement actual-innocence cocaine-base criminal-procedure mathis-v-united-states retroactive-application retroactivity sentencing-law statutory-enhancement |
1. Whether Mathis applies retroactive to Petitioner Perkin's claim of 'Actual Innocent" under 841 (b)(1)(a) & 846, 280 grams or more Cocaine Base and … |
| 21-5518 |
John Perez v. United States |
Fifth Circuit |
2021-08-30 |
Denied |
Response WaivedIFP |
atascosa-county base-offense-level criminal-procedure drug-distribution drug-quantity mass-marketing relevant-conduct sentencing-enhancement sentencing-guidelines traffic-stop |
I. Was it improper for the Court to find the base offense level was 34 because Mr. Perez should only have been held accountable for the 15 pounds of "… |
| 21-5529 |
Amando Martinez Montealvo v. Iowa |
Iowa |
2021-08-30 |
Denied |
Response WaivedIFP |
criminal-procedure juror-bias new-trial presumed-bias sex-abuse trial-rights voir-dire |
Does the presumed bias doctrine require a new trial when a juror who was a victim of sex abuse lies during voir dire to serve in a criminal sex abuse … |
| 21-5531 |
Garlin Raymond Farris v. United States |
Fourth Circuit |
2021-08-30 |
Denied |
Response WaivedIFP |
agency-principles appointed-counsel criminal-procedure due-process excusable-neglect indigent-defendant ineffective-assistance-of-counsel pioneer-investment-services procedural-hurdles sixth-amendment |
The question presented, on which the federal appellate courts are currently
divided, is whether appointed counsel's misconduct can serve as excusable … |
| 21-5498 |
Raymond Concepcion v. Massachusetts |
Massachusetts |
2021-08-27 |
Denied |
Response WaivedIFP |
criminal-procedure eighth-amendment intellectual-disability juvenile-court juvenile-justice mandatory-sentencing miller-v-alabama proportionality youth youth-culpability |
1. Whether the mandatory exclusion of murder defendants between the ages of 14 and 18 from Juvenile Court precludes individualized consideration of th… |
| 21-284 |
In Re Mathew Ryan Byrd |
|
2021-08-27 |
Denied |
Response Waived |
appeal appellate-review covid-19 criminal-procedure due-process fourth-circuit incarceration mandamus medical-conditions medical-risk |
I. This Court has long held that it, "has power to issue a mandamus, in the exercise of its appellate jurisdiction, and that the writ will lie in a pr… |
| 21-285 |
In Re Dimitri Jonthiel Patterson |
|
2021-08-26 |
Denied |
|
civil-rights criminal-procedure due-process habeas-corpus standing state-custody |
Should a Petitioner raising a 28 U.S.C. §2241 Habeas Corpus, remain in State custody without certified legal documentation in violation of his constit… |
| 21-288 |
Lancy White, Jr. v. United States |
Eleventh Circuit |
2021-08-26 |
Denied |
Response Waived |
computer-forensics criminal-procedure cronic-standard e-mail-evidence email-manipulation expert-testimony federal-rules-of-criminal-procedure ineffective-assistance ineffective-assistance-of-counsel missing-evidence strickland-standard |
1. Whether under the Strickland standards of deficient performance and prejudice, trial counsel was ineffective by failing to file a proper notice und… |
| 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 |
The Appellant's Appeal was denied on June 1, 2021 by the Sixth Circuit Court of Appeals. In this case, the Appellant raised one (1) issue for determin… |
| 21-5488 |
John Patrick Blackmon v. Jeffrey A. Uttecht, Warden |
Ninth Circuit |
2021-08-26 |
Denied |
Response WaivedIFP |
criminal-procedure defendant-rights due-process exceptional-circumstances habeas-corpus judicial-inquiry prior-testimony right-to-testify testimony-waiver trial-procedure waiver |
1. Did events in the second trial establish additional process due the Defendant in any subsequent trial?
2. Was the trial judge's noting the Defenda… |
| 21-5489 |
Jerris M. Blanks v. United States |
Eighth Circuit |
2021-08-26 |
Denied |
IFP |
circuit-conflict criminal-procedure federal-rules-of-criminal-procedure federal-rules-of-evidence good-cause judicial-discretion plea-bargaining plea-offer prejudicial-evidence pretrial-motion |
1. Whether, in direct conflict with decisions of other circuits, the Eighth Circuit correctly held that under Fed. R. Crim. P. 12(c), a defendant who … |
| 21-5490 |
Joseph Montrel Bourgeois v. Texas |
Texas |
2021-08-26 |
Denied |
Relisted (2)IFP |
civil-rights criminal-procedure deadly-weapon direct-appeal due-process guilty-plea intoxication plea-agreement retroactive-application sentencing-enhancement warrantless-search |
©Can a trial Court mm a rd/dof /) Deadly UJEAPOU ? TART OJfiS A/qT STIPULATED XU THE' PLEA) AQREEMEHT ?
® "-'S£ '"
to-nm umi& smessumm
fS\ nnp pjEnj… |
| 21-5491 |
Alton Alexander Nolen v. Oklahoma |
Oklahoma |
2021-08-26 |
Denied |
IFP |
capital-punishment constitutional-rights criminal-procedure death-penalty due-process eighth-amendment intellectual-disability mental-retardation |
Whether Oklahoma's procedure for litigating the issue of whether a capital defendant suffers from an intellectual disability that would disqualify him… |
| 21-5481 |
James Earnest Watts v. Mississippi |
Mississippi |
2021-08-25 |
Denied |
Response WaivedIFP |
8th-amendment civil-rights criminal-procedure due-process habeas-corpus sentencing |
Whether Watts Sentence OF Petitioner Withut The Possibit OF Parores Life AI ETE, Loot Committed IAC1 the RAU ERROR Durins Gentecing When Phaud have Kn… |
| 21-273 |
Buck Gene Brune v. United States |
Fifth Circuit |
2021-08-25 |
Denied |
|
circuit-split criminal-procedure double-jeopardy fifth-amendment finality-of-judgment plea-bargaining plea-of-guilty prosecutorial-overreach sentencing |
Under the Fifth Amendment's Double Jeopardy Clause, upon a defendant's plea of guilty, does jeopardy attach:
a. when the district court accepts the d… |
| 21-5428 |
Crystal V. L. Rivers v. United States District Court for the Western District of Virginia |
Fourth Circuit |
2021-08-24 |
Denied |
Response WaivedIFP |
civil-rights crime-victims-rights-act criminal-procedure federal-investigation government-disclosure government-misconduct ongoing-investigation rico victim-notification |
The Petitioner/Victim, Crystal VL Rivers, filed her Crime Victim Rights Act Petition to aid in the enforcement of the CVRA rights currently in place a… |
| 21-5430 |
Percy Allen Stucks v. Florida |
Florida |
2021-08-24 |
Denied |
IFP |
criminal-procedure defendant-rights due-process florida-law judicial-discretion plea-bargaining plea-withdrawal pre-trial-motion right-to-trial withdrawal-of-plea |
Does a Florida defendant have the right to withdraw plea before trial? |
| 21-5453 |
Charles J. Senke v. United States |
Third Circuit |
2021-08-24 |
Denied |
Response WaivedIFP |
abuse-of-discretion circuit-split collateral-review criminal-procedure direct-appeal ineffective-assistance ineffective-assistance-of-counsel right-to-counsel strickland-standard substitution-of-counsel |
The Third Circuit panel majority, deepening a n acknowledged and entrenched circuit split, ruled that the district court's failure to inquire into Sen… |
| 21-5456 |
Yarlin Garcia v. United States |
First Circuit |
2021-08-24 |
Denied |
Response WaivedIFP |
4th-amendment criminal-procedure district-court evidence-suppression exclusionary-rule fourth-amendment legal-standard motion-to-suppress search-and-seizure standard-of-review |
Whether the District Court erred by denying Mr. Garcia's Motion to Suppress? |
| 21-5467 |
Michael Denton v. Ron Haynes, Warden, et al. |
Ninth Circuit |
2021-08-24 |
Denied |
Response WaivedIFP |
14th-amendment 8th-amendment civil-rights constitutional-rights criminal-procedure due-process evidence-suppression fourth-amendment habeas-corpus search-and-seizure sentencing |
Ceetificate of Appealalontith Sterting: AppEllant has Not Made A "SubstantiAl Shawing
PEtition andl HIS Habeas CoRAs PEtitin that His SixthAmendment C… |
| 21-5446 |
Robert Carter v. Bernadette Mason, Superintendent, State Correctional Institution at Retreat, et al. |
Third Circuit |
2021-08-23 |
Denied |
Response WaivedIFP |
criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel maximum-penalty plea-bargaining sentencing third-degree-murder trial-counsel |
WHETHER TRIAL COUNSEL ADEQUATELY AND EFFECTIVELY ASSISTED PETITIONER IN DECIDING WHETHER TO ACCEPT A PLEA OFFER OF 15 TO 30 YEARS WHERE COUNSEL FAILED… |
| 21-5447 |
Nicholas Edwards v. Derek Oberlander, Superintendent, State Correctional Institution at Forest, et al. |
Third Circuit |
2021-08-23 |
Denied |
Response WaivedIFP |
compulsory-process criminal-procedure due-process identification-evidence ineffective-assistance ineffective-assistance-of-counsel miscarriage-of-justice procedural-default sixth-amendment |
1. WHETHER THE U.S. COURT OF APPEAL ERROR IN NOT FINDING
PETITIONER WAS NOT PREJUDICED BY TRIAL COUNSEL FAILURE TO CALL
WITNESSES P/O OFFICER WHO WO… |
| 21-5451 |
John M. Wasson v. United States |
Ninth Circuit |
2021-08-23 |
Denied |
Response WaivedIFP |
appeal criminal-procedure criminal-trial due-process ineffective-assistance ineffective-assistance-of-counsel jury-instructions legal-counsel mining-claim right-to-counsel |
The questions presented are:
1. Did Mr. Wasson have adequate counsel during his trial and appeal?
2. Was Mr. Wasson's accessing his mining claim's c… |
| 21-256 |
Bilal Hamid Love v. United States |
Fifth Circuit |
2021-08-23 |
Denied |
Response Waived |
criminal-procedure due-process federal-sentencing-guidelines ineffective-assistance ineffective-assistance-of-counsel plea-bargaining sentencing sentencing-guidelines strickland-standard |
Is defense counsel required, in order to provide effective assistance
of counsel, to give the defendant an estimate of the potential guideline
sentenc… |
| 21-257 |
Oklahoma v. Jimmie Dewayne Starr |
Oklahoma |
2021-08-23 |
Denied |
Amici (1)Relisted (3) |
140 S. Ct. 2452 (2020) should be overruled criminal-appellate-procedure criminal-procedure federal-indian-law jurisdictional-challenge mcgirt-precedent native-american-law native-american-rights oklahoma-criminal-law oklahoma-sovereignty stare-decisis statutory-interpretation supreme-court-review tribal-jurisdiction tribal-sovereignty |
Whether McGirt v. Oklahoma, 140 S. Ct. 2452 (2020), should be overruled. |
| 21-258 |
Oklahoma v. Donta Keith Davis |
Oklahoma |
2021-08-23 |
Denied |
Amici (1)Response RequestedResponse WaivedRelisted (4) |
criminal-procedure due-process federalism mcgirt-precedent native-american-law native-american-rights oklahoma-criminal-law stare-decisis statutory-interpretation supreme-court-review tribal-jurisdiction |
Whether McGirt v. Oklahoma, 140 S. Ct. 2452 (2020), should be overruled. |
| 21-259 |
Oklahoma v. Arnold Dean Howell |
Oklahoma |
2021-08-23 |
Denied |
Amici (1)Relisted (3) |
criminal-law criminal-procedure federal-jurisdiction indian-law judicial-review McGirt-precedent native-american-rights oklahoma-sovereignty stare-decisis state-jurisdiction statutory-interpretation tribal-jurisdiction |
Whether McGirt v. Oklahoma, 140 S. Ct. 2452
(2020), should be overruled. |
| 21-253 |
Oklahoma v. Christopher Jason Hathcoat |
Oklahoma |
2021-08-20 |
Denied |
Amici (1)Relisted (3) |
criminal-procedure federal-indian-law judicial-review jurisdiction McGirt-precedent native-american-law native-american-rights oklahoma-sovereignty statutory-interpretation tribal-jurisdiction tribal-sovereignty |
Whether McGirt v. Oklahoma, 140 S. Ct. 2452 (2020), should be overruled. |
| 21-254 |
Oklahoma v. Jordan Batice Mitchell |
Oklahoma |
2021-08-20 |
Denied |
Amici (1)Relisted (3) |
criminal-procedure federalism judicial-review McGirt-precedent native-american-law native-american-rights oklahoma-sovereignty stare-decisis statutory-interpretation tribal-jurisdiction tribal-sovereignty |
Whether McGirt v. Oklahoma, 140 S. Ct. 2452 (2020), should be overruled. |
| 21-255 |
Oklahoma v. Grant N. Jackson, IV |
Oklahoma |
2021-08-20 |
Denied |
Amici (1)Relisted (3) |
criminal-jurisdiction criminal-procedure federal-indian-law federalism McGirt-precedent native-american-rights oklahoma-sovereignty stare-decisis statutory-interpretation tribal-jurisdiction |
Whether McGirt v. Oklahoma, 140 S. Ct. 2452 (2020), should be overruled. |
| 21-5418 |
Sergio Bucio v. United States |
Sixth Circuit |
2021-08-20 |
Denied |
Response WaivedIFP |
appellate-review criminal-law criminal-procedure district-court district-court-discretion mitigating-role money-laundering role-adjustment sentencing sentencing-guidelines ussg-3b1.2 |
I.
Whether the district court erred in calculating the amount of laundered funds
attributable to Mr. Bucio.
II.
Whether the district court erred by f… |
| 21-5420 |
Naim Rasool Muhammad v. Texas |
Texas |
2021-08-20 |
Denied |
IFP |
burden-of-proof capital-case constitutional-rights criminal-procedure ineffective-assistance ineffective-assistance-of-counsel prejudice preponderance-of-the-evidence strickland-standard strickland-v-washington texas-court-of-criminal-appeals |
1. Whether a habeas court violates Strickland and decades of this Court's precedent by imposing a "preponderance of the evidence" standard for prejudi… |
| 21-5424 |
Victor H. Canales v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-08-20 |
Denied |
IFP |
actual-innocence civil-procedure criminal-procedure dna-testing due-process evidence fourteenth-amendment judicial-proceedings legal-counsel post-conviction-relief standing |
Whether prosecutors, courts, and state officials violated the Fourteenth Amendment and state law by conducting proceedings following arrests and charg… |
| 21-5425 |
Jay J. Sawatzky v. United States |
Eighth Circuit |
2021-08-20 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process felon-in-possession first-amendment judicial-discretion racist-paraphernalia racist-views sentencing sentencing-variance upward-variance |
May a sentencing judge impose an upward variance on a defendant convicted of possessing firearms and ammunition as a felon, based on that defendant's … |
| 21-5431 |
Jereme Eugene Mackey v. United States |
Fourth Circuit |
2021-08-20 |
Denied |
Response WaivedIFP |
conspiracy criminal-procedure drug-conspiracy drug-crimes due-process ineffective-assistance ineffective-counsel pre-trial-custody sentencing sentencing-reasonableness statutory-interpretation |
I. WHETHER THE DISTRICT COURT ERRED IN FINDING THE APPELLANT JEREME EUGENE MACKEY GUILTY INASMUCH AS THE GOVERNMENT FAILED TO PROVE AT THE TIME OF ARR… |
| 21-5434 |
Demontrae Wilson v. United States |
Tenth Circuit |
2021-08-20 |
Denied |
Response WaivedIFP |
authentication circuit-split criminal-procedure evidence evidentiary-standards lay-witness social-media social-media-evidence |
Social media evidence presents unique foundational issues and is now a nearly ubiquitous component of many criminal cases. The standards for admission… |
| 21-5436 |
William D. Dickerson v. United States |
Seventh Circuit |
2021-08-20 |
Denied |
Response WaivedIFP |
case-analysis civil-rights conspiracy constitutional-review court-interpretation criminal-procedure due-process judicial-standard legal-procedure procedural-error sentencing statutory-interpretation |
The OCR text provided is too degraded and illegible to accurately extract the "Question(s) Presented" section. While a "QUESTION(S) PRESENTED" header … |
| 21-5439 |
Michael Geoffrey Peters v. Bobby Lumpkin. Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-08-20 |
Denied |
IFP |
brady-evidence constitutional-rights criminal-procedure due-process fair-trial ineffective-assistance ineffective-assistance-of-counsel judicial-misconduct jurisdiction jury-selection trial-procedure |
1. Whether or not I am guilty on Count No.l of the indictment?
2. Whether or not I am guilty of Count No.3 of the indictment?
3. Whether of not the … |
| 21-5387 |
Roland Adams, aka Peter Brown, aka Harold Whiteker v. United States |
Ninth Circuit |
2021-08-18 |
Denied |
Response WaivedIFP |
constitutional-challenge criminal-procedure due-process jurisdiction plea-agreement statutory-authority statutory-interpretation void-judgment |
1. Whether the district court lacked jurisdiction to enter judgement under 18 U.S.C § 1956(h), where Petitioner was not charged with nor engaged in "f… |
| 21-5388 |
Wilbert Kelly, Jr. v. Louisiana |
Louisiana |
2021-08-18 |
Denied |
Response WaivedIFP |
age-restriction burden-of-proof constitutional-interpretation criminal-procedure due-process legal-standing post-conviction-relief presumption-of-innocence public-official sufficiency-of-evidence supreme-court-jurisdiction |
Have The PElitioner Beon Reovided With Fundamental Due Process According To The United Stales Constilulions By His Slate CauFts? |
| 21-5389 |
Juan J. Martinez v. Texas |
Texas |
2021-08-18 |
Denied |
IFP |
admissible-evidence collateral-proceedings constitutional-rights criminal-procedure due-process exclusionary-rule fourth-amendment ineffective-assistance probable-cause right-to-counsel search-and-seizure trial-counsel |
Question not identified. |
| 21-5395 |
In Re Christopher Burgess |
|
2021-08-18 |
Denied |
IFP |
28-usc-2255 actual-innocence criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mail-room-delay time-bar |
1. In the interest of justice, should a 28 U.S.C. § 2255 be entertained under less stringent conditions if it contains both "actial innocence " and in… |
| 21-5408 |
Bruce Allen Rutherford v. United States |
Fifth Circuit |
2021-08-18 |
Denied |
Response WaivedRelisted (2)IFP |
28-usc-2255 criminal-procedure habeas-corpus ineffective-assistance-of-counsel plea-bargaining sixth-amendment |
Court states that, Movant claimes counsel failed to inform him of plea
offers and allowed them to expire was not in §2255. (see Appendix A)
This state… |
| 21-5409 |
Antonyo Reece v. United States |
Fifth Circuit |
2021-08-18 |
Denied |
Response WaivedIFP |
criminal-procedure district-court judicial-discretion pepper-precedent pepper-v-united-states rehabilitation-evidence sentencing sentencing-variance upward-departure |
Whether imposing an upward departure of 200 months to a criminal defendant who has exemplary rehabilitation evidence is incongruous to this Court's ho… |
| 21-5413 |
Antoine L. Wallace v. United States |
Seventh Circuit |
2021-08-18 |
Denied |
Response WaivedIFP |
circuit-split controlled-substance criminal-procedure drug-offense federal-law sentencing-guidelines state-law statutory-interpretation |
United States Sentencing Guidelines enhance the sentence for drug offenders and gun offenders, if, among other things, they have prior "felony convict… |
| 21-243 |
James Warner v. United States |
Sixth Circuit |
2021-08-18 |
Denied |
|
bribery-statute constructive-amendment criminal-procedure indictment indictment-modification jury-instruction jury-instructions plain-error substantial-rights |
Whether the constructive amendment of an indictment by an erroneous jury instruction, stating that conspiracy counts alleged agreements to violate a d… |
| 21-5380 |
Luke Edward Fleming v. Florida |
Florida |
2021-08-17 |
Denied |
Response WaivedIFP |
circumstantial-evidence cold-case constitutional-law criminal-procedure dna-evidence due-process evidence murder sexual-battery |
Whether the Petitioner's convictions for murder and sexual battery violate the Due Process Clause of the United States Constitution because the eviden… |
| 21-5382 |
Nickie Nathanial Rico v. United States |
Tenth Circuit |
2021-08-17 |
Denied |
Response WaivedIFP |
attempted-murder criminal-enhancement criminal-procedure defendant-objection district-court enhancement objection presentence-report sentencing |
Whether the District Court erred in overruling Defendant's Objection to the Attempted Murder Enhancement in the Presentence Report. |
| 21-5383 |
Mark Stinson v. John P. Yates, Warden |
Eighth Circuit |
2021-08-17 |
Denied |
Response WaivedIFP |
conflict-of-interest constitutional-provisions criminal-procedure due-process judicial-inquiry right-to-counsel sixth-amendment |
1. Whether a Judge must inquire into the propriety of the issue.
2. Whether the mere possibility of a conflict of interest warrants the conclusion th… |
| 21-5391 |
Jermontae Moss v. Georgia |
Georgia |
2021-08-17 |
Denied |
Response WaivedIFP |
8th-amendment criminal-procedure cruel-and-unusual-punishment family-violence felony-murder juvenile-justice juvenile-sentencing life-without-parole miller-v-alabama mitigating-factors sentencing sentencing-discretion |
Does a court violate Miller when it refuses to consider childhood trauma as mitigating when sentencing a child to life without parole? |
| 21-5393 |
Hemy Neuman v. Georgia |
Georgia |
2021-08-17 |
Denied |
Response WaivedIFP |
collateral-estoppel criminal-procedure double-jeopardy mental-health procedural-due-process procedural-law reversal-of-conviction substantive-law trial-reversal |
Where a defendant is found guilty at a second trial after reversal of the first trial's verdict of guilty but mentally ill: 1) Is a double jeopardy cl… |
| 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… |
| 21-5400 |
Maria Gonzalez Maldonado v. United States |
Eleventh Circuit |
2021-08-17 |
Denied |
Response WaivedIFP |
burden-of-proof conspiracy criminal-law criminal-procedure drug-conspiracy drug-trafficking federal-sentencing methamphetamine-possession minor-participant sentencing sentencing-guidelines |
1. Did Maria Gonzalez Maldonado conspire to possess and/or actually and knowingly possess between 5kg-15kg kilograms of methamphetamine pursuant to U.… |
| 21-5402 |
Ronald E. West v. United States |
District of Columbia |
2021-08-17 |
Denied |
Response WaivedRelisted (2)IFP |
civil-rights constitutional-issue criminal-procedure due-process election-dispute election-procedure judicial-review legal-challenge recidivism rehabilitation sentencing supreme-court |
Question not identified. |
| 21-5404 |
Maria Teresa Duarte Godinez v. United States |
Fifth Circuit |
2021-08-17 |
Denied |
Response WaivedIFP |
appeal appellate-review criminal-procedure disparities due-process judicial-discretion plea-bargaining sentence-disparity sentencing sentencing-waiver waiver |
Whether the appellate court erred when it enforced the waiver keeping the Defendant from appealing her sentence in violation of her due process rights… |
| 21-5406 |
Bryson Tuesno v. United States |
Fifth Circuit |
2021-08-17 |
Denied |
Response WaivedIFP |
6th-amendment civil-procedure constitutional-rights criminal-procedure due-process hearsay impartial-jury sixth-amendment testimony |
Is it a violation of one's 6th amendment right to Impartial Jury by allowing
person to contridict another person's testimony with hearsay statements? … |
| 21-225 |
Ashley Mere Howard v. Texas |
Texas |
2021-08-16 |
Denied |
Response RequestedRelisted (2) |
credibility-determinations criminal-procedure due-process evidentiary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel parole-eligibility plea-bargaining plea-withdrawal |
I. Does the state court's decision that petitioner cannot challenge her murder conviction based on her original counsel's failure to inform her of the… |
| 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 |
1. Can a person's statement expressing fear about a possible future crime be testimonial under the Sixth Amendment's Confrontation Clause?
2. When a … |
| 21-211 |
Valueland Auto Sales, Inc., and Ron Benit v. United States |
Sixth Circuit |
2021-08-13 |
Denied |
|
circuit-split criminal-charges criminal-procedure district-court expungement judicial-procedure jurisdiction record-expungement |
When the district court dismisses all criminal charges
against a defendant, does that court have jurisdiction
over a motion to expunge the records rel… |
| 21-5349 |
Chris Allen Miller v. Jason R. Ravnsborg, Attorney General of South Dakota, et al. |
Eighth Circuit |
2021-08-13 |
Denied |
IFP |
civil-rights criminal-procedure double-jeopardy due-process jury-trial prosecutorial-misconduct |
Question not identified. |
| 21-5363 |
Christopher Cope v. Darrel Vannoy, Warden |
Fifth Circuit |
2021-08-13 |
Denied |
Response WaivedIFP |
client-autonomy constitutional-right criminal-defense criminal-procedure due-process ineffective-assistance-of-counsel right-to-counsel sixth-amendment trial-strategy |
1. Whether petitioner was denied his constitutional right to have effective assistance of counsel when trial counsel admitted petitioner's guilt at tr… |
| 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 |
I.
WHETHER OR NOT THE NEBRASKA COURTS RELIANCE ON A WITNESS
STATEMENTS (Sean Nowling) INDUCED THE STATE'S (Respondent)
CASE-IN-CHIEF VIA ERRONEOUS OR … |
| 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… |
| 21-5368 |
Alberto Rodriguez v. Kathleen Allison, Secretary, California Department of Corrections and Rehabilitation |
Ninth Circuit |
2021-08-13 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fundamental-right legal-representation notice-of-charges sixth-amendment waiver |
Whether the Sixth Amendment fundamental right to notice of charges can be waived by the lawyer's failure to object or whether the defendant must perso… |
| 21-5371 |
James Roland Henderson v. California |
California |
2021-08-13 |
Denied |
IFP |
criminal-intent criminal-procedure evidence-exclusion familial-violence first-degree-murder homicide imperfect-self-defense jury-instructions parental-relationship religious-beliefs self-defense special-circumstances |
Question not identified. |
| 21-5350 |
Bobby Earl Keys v. United States |
Fifth Circuit |
2021-08-12 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review compassionate-release criminal-procedure district-court-discretion due-process prisoner-release sentencing sentencing-factors standard-of-review statutory-interpretation |
DID THE FIFTH CIRCUIT COURT OF APPEALS APPLIED THE WRONGED APPELLATE
STANDARD OF REVIEW TO CLAIM THAT DISTRICT COURT COMMITTED STATUTORY ERROR
UNDER 1… |
| 21-5358 |
Leonel Rodriguez-Caraveo v. United States |
Fifth Circuit |
2021-08-12 |
Denied |
Response WaivedIFP |
criminal-procedure due-process indictment jury-trial prior-convictions sentencing |
I. Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and ei… |
| 21-5360 |
Danta Omar Roberts v. United States |
Fourth Circuit |
2021-08-12 |
Denied |
Response WaivedIFP |
criminal-procedure direct-appeal fourth-amendment fourth-circuit habeas-corpus ineffective-assistance ineffective-assistance-of-counsel legal-representation procedural-review standard-of-review trial-counsel |
I. Whether the Fourth Circuit erred by ruling that the record
did not conclusively demonstrate any deficiencies in trial
counsel's representation, and… |
| 21-5340 |
Gerald Allen Hiler v. United States |
Ninth Circuit |
2021-08-11 |
Denied |
Response WaivedIFP |
appeal-waiver criminal-procedure district-court factual-basis federal-rules-of-criminal-procedure guilty-plea plea-agreement sentencing |
Does a federal criminal defendant's valid waiver of appeal in a plea agreement bar the defendant from an appeal that challenges the sufficiency of the… |
| 21-190 |
Carlos W. Santiago v. Josean Toucet, et al. |
Puerto Rico |
2021-08-11 |
Denied |
Relisted (2) |
appeal appellate-rights confession confession-suppression criminal-procedure due-process equal-protection judicial-misconduct trial-transparency |
A = If due process of law is violated when a judge in a hidden trial disappears and
erases from his judgment the confession obtained through strong cr… |
| 21-186 |
Oklahoma v. Shaun Michael Bosse |
Oklahoma |
2021-08-10 |
Dismissed |
Amici (2) |
criminal-procedure indian-country jurisdiction mcgirt-precedent non-indian-crimes postconviction-relief procedural-bars prosecutorial-authority state-prosecution |
1. Whether a State may impose procedural or equitable bars to postconviction relief on the claim that the State lacked prosecutorial authority because… |
| 21-5322 |
André J. Twitty v. United States |
Tenth Circuit |
2021-08-10 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure due-process federal-law federalism first-amendment preemption state-statute statutory-interpretation supremacy-clause void-for-vagueness |
Does the Assimilative Crimes Act, 18 U.S.C. § 13, impose upon a federal Court to assimilate Under the requirements of an Unconstitutional State Statut… |
| 21-5324 |
Michael Dasean Robinson v. United States |
Fifth Circuit |
2021-08-10 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure district-court due-process harmless-error rule-32 sentencing sentencing-review standard-of-review |
At sentencing, Federal Rule of Criminal Procedure 32(i)(3)(B) gives a district court two options for addressing any "controverted matter": "rule on th… |
| 21-5335 |
Omar Israel-Griffin v. United States |
Sixth Circuit |
2021-08-10 |
Denied |
Response WaivedIFP |
administrative-law constitutional-provisions contract-law cooperation criminal-procedure due-process federal-procurement government-contract government-discretion plea-agreement statutory-interpretation withdrawal |
When a defendant enters a plea agreement (guilty/nolo contendere), providing that the government is allowed to withdraw if the government believes the… |
| 21-5392 |
Jose Raymundo Rodriguez-Yanez v. United States |
Fifth Circuit |
2021-08-10 |
Denied |
Response WaivedIFP |
Almendarez-Torres-v-United-States Apprendi-v-New-Jersey case-review court-of-appeals criminal-procedure due-process judicial-procedure jury-trial legal-precedent sentencing supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-5313 |
In Re Juan Luis Leonor |
|
2021-08-09 |
Dismissed |
Response WaivedIFP |
collateral-review constitutional-law criminal-procedure federal-retroactivity-test retroactivity second-degree-murder state-v-ronald-smith sudden-quarrel-provocation supreme-court-review teague-standard |
1. Whether, the Nebraska Supreme Court's decision not to hold Ronald-Smith retroactive to cases on collateral review confines Petitioner to a lesser r… |
| 21-5317 |
Mauricio Melendez v. Renee Baker, Warden |
Nevada |
2021-08-09 |
Denied |
IFP |
attorney-concession criminal-autonomy criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel right-to-counsel right-to-defense stare-decisis supreme-court-precedent |
In 2018, this Court decided McCoy v. Louisiana, 138 S.Ct. 1500 (2018), recognizing a criminal defendant's right to secured autonomy over his defense. … |
| 21-5325 |
Raul Adrian Torres v. United States |
Ninth Circuit |
2021-08-09 |
Denied |
Response WaivedIFP |
arrestee criminal-procedure fourth-amendment handcuffs law-enforcement probable-cause search-and-seizure search-incident-to-arrest secured |
Whether a search of a backpack or other bag that was being carried by an
arrestee is permissible as a search incident to arrest even after officers ha… |
| 21-5327 |
Mark Anthony Gonzalez v. Texas |
Texas |
2021-08-09 |
Denied |
IFP |
criminal-procedure juror-substitution jury-deliberation jury-trial sixth-amendment structural-error trial-procedure unanimous-verdict |
Petitioner Mark Gonzalez's penalty-phase jury was charged with deciding two issues that together would dictate his sentence. The jury had reached a ve… |
| 21-5328 |
James Robert Dowty v. United States |
Eighth Circuit |
2021-08-09 |
Denied |
Response WaivedIFP |
crime-scene-search criminal-procedure custody-testimony due-process equal-protection fourth-amendment government-witnesses judicial-bias police-procedure sequestration |
Whether the District Court violated the Fourteenth Amendment right to due process when the p is frich (tarticnitJ a metier) per, the jotrp fo iriew th… |
| 21-5303 |
William Pruitt v. United States |
Eleventh Circuit |
2021-08-06 |
Denied |
Response WaivedIFP |
allen-charge burden-of-proof criminal-procedure due-process judicial-error judicial-instruction jury-coercion jury-deadlock jury-instructions retrial trial-procedure |
I. WHETHER THE APPEALS COURT ERRED IN AFFIRMING THE USE OF ITS PATTERN MODIFIED "ALLEN" CHARGE WITH A DEADLOCKED JURY, EXPRESSLY REFERENCING THE TIME,… |
| 21-5311 |
Thomas Morgan Soper, II v. Idaho |
Idaho |
2021-08-06 |
Denied |
IFP |
brady-violation constitutional-rights criminal-procedure due-process evidentiary-hearing judicial-discretion prosecutorial-misconduct sentencing separation-of-powers statutory-interpretation |
*1. 0oes A PisTfaicrF C.jp&'kT A#*®' p&^ef\ &*tcL/o/? RicpT
*To Avi e?^o<ef^ o£-0lo5u5pes)^ a/J pefts/'sTMt E/ilfiwceirtert&
**3{t O&e.'b a Di^TricT"… |
| 21-5315 |
Rafael Arturo Coto Chinchilla v. Louisiana |
Louisiana |
2021-08-06 |
Denied |
Response WaivedIFP |
closing-arguments criminal-procedure due-process evidence-sufficiency jury-instructions prosecutorial-misconduct sufficiency-of-evidence trial-error |
1. WAS THE EVIDENCE IN THE INSTANT CASE INSUFFICIENT TO SUPPORT A GUILTY VERDICT ON ALL THREE COUNTS OF THE BILL OF INFORMATION?
2. DID THE TRIAL COU… |
| 21-5321 |
Jerome Kieffer v. United States |
Fifth Circuit |
2021-08-06 |
Denied |
Response WaivedIFP |
cell-phone-privacy civil-rights constitutional-procedure criminal-procedure due-process fourteenth-amendment fourth-amendment free-speech government-seizure standing |
(1) Does the unconstitutionally vague language, stack down, as by the Court in USC 10@) Apply to 18 USC 72a¢g)(L)?
(2) May a Stipulation Suffice to C… |
| 21-176 |
David J. Tatara v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2021-08-06 |
Denied |
Response Waived |
criminal-procedure double-jeopardy due-process felony-murder habeas-corpus judgment-of-acquittal mens-rea superseding-information |
1. Does a conviction of a crime submitted to the jury through a
superseding information filed after jeopardy attached and after the court granted
judg… |
| 21-5308 |
Calvin B. Lynch v. Mark Garman, Superintendent, State Correctional Institution at Rockview, et al. |
Third Circuit |
2021-08-05 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure double-jeopardy due-process federal-law statutory-interpretation witness-intimidation witness-testimony |
1. Is PETITIDNER ENTITLED TO THE BENEFIT OF THE
PENNSYLVANIA SUPREM COURTS CLARIFYING
INTERPRETATION OF THE WITNESS INTIMIDATION
STATUTE, PA.C.S.A.S49… |
| 21-5288 |
Cornelius L. Jones v. Illinois |
Illinois |
2021-08-04 |
Denied |
IFP |
civil-procedure constitutional-claims criminal-procedure due-process habeas-corpus ineffective-assistance judicial-review post-conviction post-conviction-review standing writ-of-certiorari |
CoRnelius L.Jones, PetitioneR- Appllant, APPeAls fm A
file A successive post-Conviction Petition. An isse
is Raised concerning the sufficiency of the… |
| 21-5291 |
Leonardo Miguel Garcia Morales, aka El Padrino v. United States |
Eleventh Circuit |
2021-08-04 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-trial critical-stage defendant-presence district-court-discretion due-process judicial-discretion jury-deliberations right-to-presence testimony-of-accused testimony-rehearing |
Does the right to presence at critical stages of a criminal trial extend to proceedings before the jury in which the district court discourages the ju… |
| 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 |
I. PETITIONER'S TRIAL COUNSEL WAS APPROACHED AT THE TIME THE JURY RETIRED FOR
DELIBEARITONS BY PROSECUTING ATTORNEY SCOTT EHLFELDT TENDERING A PLEA O… |
| 21-5299 |
John Johnson, Jr. v. Texas |
Texas |
2021-08-04 |
Denied |
IFP |
constitutional-challenge criminal-procedure due-process equal-protection equal-protection-clause factfinder-discretion fourteenth-amendment non-unanimous-verdict penal-code statutory-interpretation |
Does Texas Penal Code §21.02 desciminate who is an<d.who is not protected under the Equal Protection Clause under the Fourteenth Amendment by allowing… |
| 21-5270 |
Robert Stanard v. United States |
Ninth Circuit |
2021-08-03 |
Denied |
Response WaivedIFP |
civil-rights commerce-clause constitutional-review criminal-procedure due-process firearms judicial-interpretation legal-challenge personal-property state-law takings |
1. Does the taxing powers oF Congress negahes Operson's Possessory
Vakeresd in Suineralip of A Ciena,
A. Where doos Ivhersioke Commern bean ond end W… |
| 21-5280 |
Robert Craft v. Florida |
Florida |
2021-08-03 |
Denied |
IFP |
aggravating-factors alleyne-v-united-states apprendi-v-new-jersey capital-sentencing constitutional-law criminal-procedure due-process hurst-v-florida reasonable-doubt ring-v-arizona |
Under the Due Process Clause, the determination of the existence of an element of a crime must be made beyond a reasonable doubt. See Apprendi v. New … |
| 21-5273 |
Jerry L. Wheeler v. Randall Hepp, Warden |
Seventh Circuit |
2021-08-02 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure defense-strategy due-process fair-trial prosecutorial-misconduct right-to-counsel right-to-notice trial-counsel witness-testimony |
1. Whether titled CFf^iwc, t9<JJiS^wc6 OF Counsel*, UjKefJ Trial CauffSgL. FaU<uH To Qh<tripi£jT t Call H) Testify fTk& 2-3 gyz* uj )+cJ£6<} bJKo Sl*f… |
| 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 |
1. Whether such extensive reliance on transcripts, denied Mr. Appleby-El's federal right of confrontation, because doing so effectively prevented him … |
| 21-5260 |
James E. Nottingham v. Laurel Harry, et al. |
Third Circuit |
2021-07-30 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure due-process false-arrest habeas-corpus jurisdiction jurisdictional-challenge perjury standing writ-of-certiorari |
1. Shall the Writ of Certiorari be Granted in favor of the Petitioner James E. Nottingham for false arrest?
2. Shall the Writ of Certiorari be Grante… |
| 21-5265 |
Terry Reed v. United States |
Sixth Circuit |
2021-07-30 |
Denied |
Response WaivedIFP |
4th-amendment affidavit criminal-procedure fourth-amendment good-faith-doctrine good-faith-exception probable-cause search-and-seizure warrant-exception warrant-requirement |
Whether the good faith exception to the warrant requirement extends so far as to excuse an officer's reliance upon an affidavit he drafted with the on… |
| 21-5268 |
Ambus Ray Davis, III v. Nick Ludwick, Warden |
Eighth Circuit |
2021-07-30 |
Denied |
IFP |
constitutional-rule criminal-procedure direct-review due-process equal-protection fourteenth-amendment retrospective-application united-states-constitution |
1. WHETHER ALL NEWLY DECLARED CONSTITUTIONAL RULE OF
CRIMINAL PROCEDURE APPLY RETROSPECTIVELY TO
JUDGMENTS OF CONVICTIONS NOT YET FINAL AND PENDING … |
| 21-128 |
Roger Waldner, et al. v. United States |
Eighth Circuit |
2021-07-30 |
Denied |
Response Waived |
criminal-procedure due-process enforcement-order garnishment recoupment restitution statute-of-limitations takings-clause |
1. Would a GVR Order for a hearing below reveal that no court below gave Glenn a hearing on his recoupment defense?
2. Would a GVR-ordered hearing be… |
| 21-5231 |
Shaun J. Salazar v. United States |
Tenth Circuit |
2021-07-29 |
Denied |
Response WaivedIFP |
criminal-justice criminal-procedure due-process federal-law imprisonment revocation sentencing statutory-interpretation statutory-maximum supervised-release united-states-v-haymond |
Whether a district court may impose a revocation imprisonment term under 18 U.S.C. § 3583(e)(3) that, when combined with a defendant's initial term of… |
| 21-5245 |
Jamie Patrick Hahn v. Georgia |
Georgia |
2021-07-29 |
Denied |
Relisted (2)IFP |
case-record constitutional-rights court-precedent criminal-procedure due-process equal-protection judicial-review legal-denial procedural-challenge prosecutorial-misconduct vindictive-prosecution |
1. Will this Court review the fact of the Respondent's vindictive prosecution? The record of the case shows the vindictiveness and the lower courts de… |
| 21-5250 |
Adalberto Martinez-Ramirez v. United States |
Eighth Circuit |
2021-07-29 |
Denied |
Response WaivedIFP |
§3Bl.1(a)-standard buyer-relationship circuit-court-review criminal-leadership criminal-procedure criminal-sentencing evidence precedent precedent-interpretation sentencing-guidelines statutory-interpretation U.S.-v.-Miller |
Whether this Court should grant Certiorari because the Eighth Circuit opinion overlooked the binding precedent set forth in U.S. v. Miller when determ… |
| 21-5253 |
John David Wilson, Jr. v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2021-07-29 |
Dismissed |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process equal-protection fair-trial habeas-corpus ineffective-assistance post-conviction-relief sentencing statutory-interpretation |
I ENTER THIS COURT WITH "CLEAN HAND" AS A HONORABLY DISCHARGED QUALIFIED SUBMARINER, WHO POSSESSED A QUALIFIED SUBMARINE INSIGNIA. (THIS MILITARY AWAR… |
| 21-5257 |
Jermaine Latwone Haynes v. Willis Chapman, Warden |
Sixth Circuit |
2021-07-29 |
Denied |
Response WaivedIFP |
14th-amendment 6th-amendment constitutional-rights criminal-procedure due-process effective-assistance-of-counsel fair-trial ineffective-assistance self-defense sentencing-mitigation |
Was Petitioner Denied His Constitutional Right To The Effective Assistance Of Counsel and A Fair Trial Proceeding, Pursuant To U.S. Const., Amends Vi,… |
| 21-5228 |
Dwayne Sheckles v. United States |
Sixth Circuit |
2021-07-28 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
4th-amendment criminal-procedure drug-crimes drug-dealing evidence-seizure home-invasion probable-cause residential-searches search-warrant search-warrants |
Search warrants are directed at places, not people. To obtain a warrant to enter a person's home, there must be probable cause that evidence of a crim… |
| 21-5233 |
Abel Guillermo Godoy v. United States |
Ninth Circuit |
2021-07-28 |
Denied |
Response WaivedIFP |
alleyne-v-united-states criminal-procedure criminal-prosecution due-process elements-of-crime jury-determination legal-precedent prior-conviction prior-convictions sentencing sentencing-factors sixth-amendment |
In Almendarez-Torres v. United States, 523 U.S. 224 (1998), the Court held that in a prosecution for 8 U.S.C. § 1326, the fact of a prior conviction n… |
| 21-5234 |
Melquiades Galvez-Martinez v. United States |
Fifth Circuit |
2021-07-28 |
Denied |
Response WaivedIFP |
case-review constitutional-law criminal-procedure due-process fifth-circuit judicial-procedure legal-precedent sentencing statutory-interpretation supreme-court-precedent supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-5235 |
Vincent Holton v. United States |
Eleventh Circuit |
2021-07-28 |
Denied |
Response WaivedIFP |
conspiracy conviction criminal-procedure due-process entrapment jury-instruction jury-instructions sentencing |
1. Whether t he District Court Wrongly Denied Petitioner's Request for a Jury Instruction on Entrapment ?
2. Whether t he Court Erred by Allowing the… |
| 21-5237 |
Taurice Leonard Brown v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2021-07-28 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure due-process federal-habeas-review jury-selection merits-decision sixth-amendment supremacy-clause |
WHETHER FLORIDA COURTS ARE REFUSING TO CONSIDER SIXTH AMENDMENT CLAIMS IN VIOLATION OF THE SUPREMACY CLAUSE BY NOT TREATING RUSSELL V. UNITED STATES, … |
| 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 when the preliminary hea… |
| 21-5240 |
Carlos Elias Cruz-Bermudez v. United States |
Ninth Circuit |
2021-07-28 |
Denied |
Response WaivedIFP |
criminal-procedure due-process indictment jury-trial prior-conviction prior-convictions sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 21-5241 |
Jose Lazaro Venancio Mendoza-Batres v. United States |
Fifth Circuit |
2021-07-28 |
Denied |
Response WaivedIFP |
case-review criminal-procedure due-process fifth-circuit judicial-procedure jury-trial legal-precedent sentencing stare-decisis statutory-interpretation supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-5242 |
Joshua Sadat Washington v. United States |
Ninth Circuit |
2021-07-28 |
Denied |
Response WaivedRelisted (2)IFP |
constitutional-rights criminal-procedure due-process evidence search-and-seizure suppression-hearing |
Question not identified. |
| 21-116 |
Missouri, ex rel. Michalene Hagan v. Milan Berry, Judge, 45th Judicial Circuit, Pike County, Missouri, et al. |
Missouri |
2021-07-28 |
Denied |
|
criminal-procedure due-process excessive-bail federal-constitution missouri-constitution pretrial-detention |
I. When a judge sets bond on the initial warrant for arrest, whether the Excessive Bail Clauses are preempted or stayed because of Missouri Supreme Co… |
| 21-122 |
Davin Seth Waters v. United States |
Fifth Circuit |
2021-07-28 |
Denied |
Response Waived |
criminal-procedure due-process guilty-plea habeas-corpus judicial-discretion mutual-mistake plea-bargaining plea-withdrawal voluntariness |
1) Does the doctrine of mutual mistake provide a cognizable basis to find a guilty plea involuntary? |
| 21-5198 |
Dustin Trevino Lawrence v. Ohio |
Ohio |
2021-07-27 |
Denied |
IFP |
appellate-review criminal-procedure due-process fair-trial impartial-judge judicial-bias manifest-weight manifest-weight-of-evidence proportionate-sentencing reasonable-doubt sentencing |
1. When a judge openly admits bias against an appellant in which he was not only the trial judge but also the sentencing, shouldn't the remedy afforde… |
| 21-5224 |
Julian Terence Martin, Jr. v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-07-27 |
Denied |
IFP |
criminal-procedure exclusionary-rule fourth-amendment probable-cause reasonable-expectation-of-privacy search-and-seizure |
1. When a state court grants a motion for a competency haering, but convicts a defendant without holding one, is a defendant's due process of law deni… |
| 21-5226 |
Faryion Edward Wardrip v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-07-27 |
Denied |
IFP |
criminal-procedure death-penalty habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-review strickland-standard strickland-v-washington unreasonable-factual-determinations |
1. Though Faryion Wardrip 's trial counsel failed to present critical evidence
supporting his strategy to spare Wardrip from the death penalty, the T… |
| 21-5210 |
Trojan Hart v. United States |
Second Circuit |
2021-07-26 |
Denied |
Response WaivedIFP |
criminal-procedure due-process evidentiary-restrictions jury-instructions right-to-counsel sentencing sentencing-review shackling |
(1) Whether the district court erred when it shackled Hart and co-defendant Sharpe?
(2) Whether the district court interfered with the right to couns… |
| 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 |
1. Was Mr. Pettaway denied his constitutional right to present a complete defense?
2. Where multiple additional errors affected petitioner's convicti… |
| 21-5217 |
Jeffrey Keller v. Illinois |
Illinois |
2021-07-26 |
Denied |
Response WaivedIFP |
constitutional-violation criminal-procedure due-process eavesdropping eavesdropping-law miranda-rights prosecutorial-misconduct warrantless-arrest |
I.
Whether the Illinois Courts incorrectly found that petitioner's rights were not violated when he was arrested without a warrant inside his office b… |
| 21-5192 |
Gilberto Antonio Guillen-Hernandez v. Texas |
Texas |
2021-07-23 |
Denied |
IFP |
constitutional-law constitutional-requirement continuous-sexual-abuse criminal-procedure criminal-trial due-process jury-conviction jury-unanimity sexual-abuse sixth-amendment |
Does the constitutional requirement of jury unanimity, contained within the Sixth Amendment of the United States Constitution, require a jury to be un… |
| 21-5193 |
Vernon Collins v. New Jersey |
New Jersey |
2021-07-23 |
Denied |
IFP |
appellate-division appellate-review criminal-procedure due-process federal-law illegal-sentence open-court procedural-claims sentencing |
DID THE NEW JERSEY SUPERIOR COURT APPELLATE DIVISION ERR IN CONCLUDING CONSECUTIVE SENTENCES IMPOSED OUTSIDE PETITIONER'S PRESENCE IN OPEN COURT SOME … |
| 21-5200 |
Walter Himmelreich v. Stephen Spaulding, Warden |
First Circuit |
2021-07-23 |
Dismissed |
Response WaivedIFP |
civil-rights constitutional-issues constitutional-provisions criminal-procedure due-process federal-sovereignty habeas-corpus judicial-review legal-interpretation procedural-rights standing statutory-analysis |
Did the lower courts err in failing to Grant
i.)
a hearing
on the issues ofa Constitutional nature
raised
2)
As this Court has never
in opportunity to… |
| 21-5201 |
Susan Kaytlin Scott v. United States |
Ninth Circuit |
2021-07-23 |
Denied |
Response WaivedIFP |
circuit-court-split circuit-courts constitutional-law constitutional-procedure criminal-procedure custody-determination due-process fifth-amendment law-enforcement-interrogation miranda-custody miranda-warning |
1. Do the Circuit Courts' different tests used to determine custody status for purposes of Miranda lead to inconsistent results?
2. Did the District … |
| 21-5202 |
Esteban Figueroa-Larrea v. United States |
Ninth Circuit |
2021-07-23 |
Denied |
Response WaivedIFP |
contested-element criminal-procedure district-court jury-charge jury-instruction jury-instructions legal-scope plain-error standard-of-review trial-court-error trial-procedure |
Whether the district court plainly erred by misadvising the jury about the legal scope of the sole contested element at trial. |
| 21-5203 |
Ibrahim Akasha Abdalla, aka Ibrahim Akasha v. United States |
Second Circuit |
2021-07-23 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure criminal-prosecution due-process extraterritorial-jurisdiction fifth-amendment foreign-national personal-jurisdiction |
What level of contact with the United States must a foreign national who never entered this country and committed the offense conduct solely outside o… |
| 21-97 |
Anne Georges Telasco v. The Florida Bar |
Eleventh Circuit |
2021-07-23 |
Denied |
Response Waived |
civil-rights criminal-procedure defamation due-process ex-parte-judgment false-criminal-report felony-conviction florida-bar free-speech sovereign-immunity standing |
Whether Sovereign Immunity as deployed by Welch v. Texas Dep't of Highways & Pub. Transp., 483 U.S. 468, 472 (1987) and its progeny, are inapplicable … |
| 21-5166 |
Leobardo Valladares v. Craig Koenig, Warden |
Ninth Circuit |
2021-07-22 |
Denied |
Response WaivedIFP |
criminal-procedure cumulative-error due-process evidentiary-hearing first-degree-murder ineffective-assistance jury-instructions reasonable-doubt standard-of-proof sufficiency-of-evidence |
I. Did the Prosecution Fail to Prove Beyond a
Reasonable Doubt That Valladares Committed First
Degree Murder?
II. Did Trial Counsel Render Ineffectiv… |
| 21-5172 |
Mayra Vanessa Gandara Escarcega v. United States |
Fifth Circuit |
2021-07-22 |
Denied |
Response WaivedIFP |
case-review constitutional-law criminal-procedure due-process fifth-circuit judicial-precedent legal-procedure sentencing sixth-amendment supreme-court supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-5174 |
Domingo Cruz-Miguel v. United States |
Fifth Circuit |
2021-07-22 |
Denied |
Response WaivedIFP |
case-review constitutional-law criminal-law criminal-procedure due-process fifth-circuit judicial-precedent recidivism sentencing supreme-court supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-5175 |
Alfredo Jesus Chavez-Portillo v. United States |
Fifth Circuit |
2021-07-22 |
Denied |
Response WaivedIFP |
Almendarez-Torres case-law criminal-procedure due-process fifth-circuit judicial-precedent jury-trial recidivism sentencing statutory-interpretation supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-5182 |
Pedro Ray Tejeda v. Minnesota |
Minnesota |
2021-07-22 |
Denied |
Response WaivedIFP |
ammunition constitutional-rights criminal-possession criminal-procedure due-process firearm jury-instruction possession trial-procedure unanimous-verdict |
I. Must my conviction for Ineligible Person in Poss. of Ammo or firearm be reversed, remanded for new trial and or vacated based on Unanimous Verdict … |
| 21-5183 |
Robert McMillian v. United States |
District of Columbia |
2021-07-22 |
Denied |
Response WaivedIFP |
brady-evidence california criminal-procedure district-of-columbia due-process evidence-suppression judicial-conflict prosecutorial-misconduct supreme-court |
I. Whether the opinion of the District of Columbia Court of Appeals concerning the withholding of material Brady evidence is inconsistent with opinion… |
| 21-5185 |
Lexton Pellew v. United States |
District of Columbia |
2021-07-22 |
Denied |
Response WaivedIFP |
appeal conviction-count criminal-procedure double-jeopardy due-process jury-instruction jury-instructions legal-review sentence-calculation sentencing sentencing-error |
The petitioner was not charged with aiding and abetting in counts 11-14 but the court allowed the jury verdict on those counts based upon an admittedl… |
| 21-5152 |
Lewis R. Fox v. Ohio |
Ohio |
2021-07-21 |
Denied |
Response WaivedIFP |
constitutional-law constitutional-question criminal-defense criminal-procedure expert-witness expert-witnesses ineffective-assistance ineffective-assistance-of-counsel post-conviction post-conviction-relief res-judicata |
1) Whether a trial counsel is to be considered incompetent when s/he fails to consult with their client (the criminal defendant) about their financial… |
| 21-5158 |
Miguel Angel Berdeja-Medina v. United States |
Fifth Circuit |
2021-07-21 |
Denied |
Response WaivedIFP |
case-review criminal-appeal criminal-procedure due-process fifth-circuit judicial-precedent sentencing sixth-amendment stare-decisis statutory-interpretation supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez- Torres v. United States, 523 U.S. 244 (1998)? |
| 21-5160 |
Rodney Ledell Carter v. United States |
Fifth Circuit |
2021-07-21 |
Denied |
Response WaivedIFP |
criminal-procedure due-process parole sentencing sixth-amendment supervised-release |
Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments? |
| 21-5161 |
Jamar J. Draper v. Jimmy Martin, Warden |
Tenth Circuit |
2021-07-21 |
Denied |
IFP |
constitutional-rights criminal-procedure double-jeopardy due-process exhaustion-of-remedies ineffective-assistance ineffective-assistance-of-counsel right-to-counsel sentencing-mitigation sixth-amendment speedy-trial |
Question not identified. |
| 21-5163 |
Gregory Scott Stephen v. United States |
Eighth Circuit |
2021-07-21 |
Denied |
Response WaivedIFP |
child-pornography criminal-procedure eighth-circuit fourth-amendment government-agent private-citizen search-and-seizure search-warrant sentencing-guidelines standing |
1. Was the United States Court of Appeals for the Eighth Circuit's conclusion that a private citizen can never be established as a government agent ab… |
| 21-81 |
Burt W. Newsome, et al. v. Clark A. Cooper, et al. |
Alabama |
2021-07-21 |
Denied |
Amici (2)Response Waived |
appellate-review civil-claims civil-liability civil-rights criminal-liability criminal-procedure due-process newton-v-rumery release-dismissal |
1. Whether a release-dismissal order entered in a
criminal case is enforceable under the standards set
forth in Newton v. Rumery wherein said order
wa… |
| 21-75 |
Ojin Kim v. United States |
Fifth Circuit |
2021-07-21 |
Denied |
Response Waived |
appellate-review criminal-procedure deprivation-of-liberty due-process liberty-deprivation methodology-challenge restitution restitution-order sentencing-guidelines |
1. In cases where the methodology to calculate the guidelines range for sentencing mirrors the methodology to calculate the restitution amount, if a c… |
| 21-5140 |
Gabriel Elijah Kane Arkinson, aka Daniel Elijahkane Arkinson v. United States |
Ninth Circuit |
2021-07-20 |
Denied |
Response WaivedIFP |
accomplice-testimony acquittal-standard criminal-procedure due-process evidence motion-for-acquittal ninth-circuit-review rule-29-motion witness-credibility witness-identification |
In response to Petitioner's third and final motion for acquittal under Rule 29(c) Fed. R. Crim. P. the district court ruled that standing alone the go… |
| 21-5141 |
Terrance Tyrell Edwards v. United States |
Ninth Circuit |
2021-07-20 |
Denied |
Response WaivedIFP |
commercial-sex-trafficking conclusive-presumption criminal-procedure due-process interstate-commerce jury-instruction jury-instructions plain-error |
1. Is evidence that establishes only the use of cellular telephones, the Internet or
hotels by a defendant, without any evidence of how the use of the… |
| 21-5142 |
Michael Angelo Williams v. United States |
Sixth Circuit |
2021-07-20 |
Denied |
Response WaivedIFP |
criminal-procedure due-process guilty-plea harmless-error ineffective-assistance plea-bargaining sentencing sentencing-enhancement sixth-amendment sixth-circuit withdrawal-of-plea |
Whether this honorable Court should grant certiorari to review whether Mr. Williams should have been permitted to withdraw his guilty plea, which requ… |
| 21-5146 |
Antonio Dewayne Adams v. United States |
Tenth Circuit |
2021-07-20 |
Denied |
Response WaivedIFP |
advisory-guidelines circuit-split criminal-procedure due-process fifth-amendment preponderance-of-the-evidence preponderance-standard sentencing sentencing-guidelines statutory-maximum |
The Tenth Circuit's decision is in conflict with decisions from the
Ninth Circuit Court of Appeals. The Tenth Circuit affirmed the district
court's us… |
| 21-5133 |
Michael Skillern v. United States |
Eleventh Circuit |
2021-07-19 |
Denied |
Response WaivedIFP |
certiorari coa criminal-defendant criminal-procedure due-process eleventh-circuit geders-rule geders-v-united-states habeas-corpus right-to-counsel supreme-court trial-recess |
DOES THE ELEVENTH CIRCUIT'S RULE ENUNCIATED IN CRUTCHFIELD v WAINWRIGHT, 803 F3d1103 (11th Cir. 1986) ABROGATE OR MODIFY THE SUPREME COURT DECISION AS… |
| 21-5135 |
Michael Ray Orr v. Texas |
Texas |
2021-07-19 |
Denied |
Response WaivedIFP |
closing-argument criminal-procedure defendant-rights demeanor fifth-amendment prosecutorial-misconduct self-incrimination trial-procedure |
DID THE TRIAL COURT ERR BY DENYING MR. ORR'S OBJECTION TO IMPROPER CLOSING ARGUMENT BY THE PROSECUTOR? THIS IMPROPER ARGUMENT CONSISTED OF:
1) BY DEL… |
| 21-69 |
John Allison Huckabay v. Idaho |
Idaho |
2021-07-19 |
Denied |
Amici (2)Response Waived |
14th-amendment constitutional-rights criminal-law criminal-procedure due-process felonies felony-prosecution public-welfare-offenses scienter scienter-requirement |
Without any requirement or proof of scienter, Petitioner was convicted of unlawful possession of a moose carcass out of season, a felony under Idaho l… |
| 21-60 |
Logan Brooks Drinkard v. Mark S. Inch, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2021-07-16 |
Denied |
Response Waived |
constitutional-law criminal-conviction criminal-procedure double-jeopardy greater-offense jury-verdict lesser-included-offense |
In a case where the prosecuti on charged both a
greater offense and a lesser included offense in the
same charging document, and where the jury found … |
| 21-5114 |
Mario Daniels v. Florida |
Florida |
2021-07-16 |
Denied |
IFP |
aggravated-assault criminal-conviction criminal-procedure due-process jury-determination separation-of-powers sixth-amendment statutory-interpretation substantive-rights |
Whether the First District Court of Appeals unauthorized abrogation of an Essential Element of the statutory offense of Aggravated Assault deprived Da… |
| 21-5117 |
Christopher Allan Allred v. Washington |
Ninth Circuit |
2021-07-16 |
Denied |
Relisted (2)IFP |
civil-rights constitutional-provisions constitutional-rights criminal-procedure due-process equal-protection fair-trial jurisdiction jury-selection standing |
1o Does the U.s. Constitution allov for Grand Juries in state Criminal cases?
2. Per the Hurtao v. California ruling, can states, if they so choose, … |
| 21-5098 |
Hal Herring Brown, Jr. v. United States |
Fourth Circuit |
2021-07-15 |
Denied |
Response WaivedIFP |
appeal-waiver criminal-procedure fourth-circuit ineffective-assistance ineffective-assistance-of-counsel money-laundering plea-agreement plea-bargaining securities-fraud |
WHETHER THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT ERRED IN DISMISSING THE PETITIONER'S MERITORIOUS APPEAL OF HIS CONVICTION FOR SECURI… |
| 21-5110 |
Junior Jean Baptiste v. United States |
Eleventh Circuit |
2021-07-15 |
Denied |
Response WaivedIFP |
18-U.S.C.-3553(a) advisory-guidelines appellate-review criminal-procedure criminal-sentencing due-process judicial-discretion reasoned-decision sentencing sentencing-guidelines |
The district court, on remand for resentencing after failing or iginally to permit
allocution by petitioner, reimposed the original sentence witho ut … |
| 21-5111 |
Joenell L. Rice v. United States |
Sixth Circuit |
2021-07-15 |
Denied |
Response WaivedIFP |
appellate-review civil-rights criminal-procedure due-process federal-sentencing-guidelines judicial-discretion post-conviction-relief sentencing sentencing-guidelines sixth-circuit time-served |
Question not identified. |
| 21-5122 |
Juan Angel Velasquez-Canales v. United States |
Fourth Circuit |
2021-07-15 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-sentencing district-court-discretion felony-enhancement guideline-interpretation immigration prior-conviction prior-convictions sentencing-enhancements sentencing-guidelines statutory-interpretation |
Whether the district court erred in applying a six-level enhancement under Section 2L1.2(b)(2)(C) of the Sentencing Guidelines where Mr. Velasquez-Can… |
| 21-5123 |
Terence L. Thomas v. United States |
Tenth Circuit |
2021-07-15 |
Denied |
Response WaivedIFP |
appeal-process civil-procedure civil-rights constitutional-law criminal-procedure due-process judicial-review legal-interpretation standing supreme-court writ-of-certiorari |
Appealiblity
I
wes
denled a Cof certificate of
10thciR
templates in regards to the next process
because are
libarary dont have fomany thirg.
(3)
would… |
| 21-5124 |
Derrick Wilson v. United States |
Second Circuit |
2021-07-15 |
Denied |
Response WaivedIFP |
certificate-of-appealability civil-rights constitutional-rights criminal-procedure due-process due-process-clause evidence-fabrication government-misconduct habeas-corpus miller-el-standard standing |
Did the Court of Appeals err in concluding that Petitioner's Certificate of Appealability had not "made a substantial showing of the denial of a const… |
| 21-5125 |
Reginald Lamont Thomas v. United States District Court for the Eastern District of California |
Ninth Circuit |
2021-07-15 |
Denied |
Response WaivedIFP |
age-consideration civil-procedure criminal-procedure due-process judicial-council judicial-suspension retroactive-application sentencing-limits statutory-interpretation suspension time-limits |
^ Id the cjdOQ£€$$) oiML efAlJc If O.S.C-5 i IVlI (cj) olMcS
i-C 4ke cH\e£ jodyc of a d\s\txzd eoueL-V coijel.LAi.e_s 11 pA iv
si/epeiisioii of +iwe… |
| 21-5091 |
Brian Dunkley v. Shawn Phillips, Warden |
Sixth Circuit |
2021-07-14 |
Denied |
Response WaivedIFP |
burden-of-proof circuit-split criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel plea-bargaining strickland-standard strickland-v-washington |
Whether the Sixth Circuit Court of Appeals has entered a decision
in conflict with decisions of another United States court of
Appeals on the same i… |
| 21-5102 |
Jaime Meza v. United States |
Fifth Circuit |
2021-07-14 |
Denied |
Response WaivedIFP |
appellate-review brady-v-maryland brady-violation commerce-clause constitutional-challenge criminal-procedure due-process government-misconduct judicial-review materiality suppressed-evidence |
I. Whether a defendant seeking relief under Brady v. Maryland, 373 U.S. 83 (1963) is entitled to have some court review the suppressed information to … |
| 21-5104 |
John G. Tomes, Jr. v. United States |
Sixth Circuit |
2021-07-14 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
18-usc-3582 compassionate-release criminal-justice criminal-procedure due-process extraordinary-circumstances judicial-discretion sentencing-disparities sentencing-guidelines sentencing-reduction sentencing-reform statutory-interpretation |
Whether "Extraordinary and Compelling Reasons" to Reduce a Defendant's Sentence under 18 U.S.C. § 3582(c)(1)(A)(i) may be based on any Factor a Court … |
| 21-5106 |
Logan Viquesney v. United States |
Tenth Circuit |
2021-07-14 |
Denied |
Response WaivedIFP |
conviction criminal-procedure due-process indictment jury-instructions legal-sufficiency notice state-offense sufficiency-of-evidence |
1) Can the Court sustain a conviction when a required underlined State offense is not charged in the indictment? |
| 21-5108 |
Victor Willis v. Illinois |
Illinois |
2021-07-14 |
Denied |
IFP |
8th-amendment civil-rights constitutional-law criminal-procedure cruel-and-unusual-punishment death-penalty due-process eighth-amendment intellectual-disability juvenile-sentencing life-without-parole |
Question not identified. |
| 21-5079 |
Donnell Bledsoe v. Richard J. Guiliani, Judge, Superior Court of California, San Joaquin County, et al. |
Ninth Circuit |
2021-07-13 |
Denied |
Relisted (2)IFP |
42-usc-1983 civil-rights color-of-law criminal-procedure due-process qualified-immunity |
A material point of fact or law was overlooked in the decision; 18 U.S.C. 242 |
| 21-5085 |
David James Lola v. Florida |
Florida |
2021-07-13 |
Denied |
IFP |
14th-amendment 6th-amendment appellate-review civil-rights competence constitutional-rights criminal-procedure due-process fifth-amendment judicial-system |
A Does due process under the sixth
and Fourteenth Amendments dictate
that there is a presumption of
competence for a criminal defendant
to proceed pro… |
| 21-5087 |
Zachary Gage Pebley v. United States |
Tenth Circuit |
2021-07-13 |
Denied |
Response WaivedIFP |
authentication chain-of-custody criminal-procedure deepfakes digital-evidence digital-recordings due-process voice-identification |
When the government is the proponent of evidence at a criminal trial, it bears the burden of establishing both authentication and chain of custody. Au… |
| 21-5089 |
Martin Thomas Lawrence v. United States |
Eighth Circuit |
2021-07-13 |
Denied |
Response WaivedIFP |
criminal-procedure ineffective-assistance ineffective-assistance-of-counsel lafler-v-cooper plea-bargaining sentencing sentencing-exposure sixth-amendment trial-counsel |
1. Whether, in light of trial counsel's express admission that he underestimated Petitioner's sentencing exposure if he went to trial, this Court shou… |
| 21-5095 |
Melissa Elizabeth Lucio v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-07-13 |
Denied |
Amici (2)IFP |
arbitrary-exclusion civil-rights criminal-procedure due-process evidence-exclusion evidentiary-standards expert-testimony false-confession right-to-defense right-to-present-defense |
1. Whether, as the First, Second, Third, Fourth, Sixth, Seventh, Eighth, Tenth, and Eleventh Circuits have held, this Court's cases clearly establish … |
| 21-5096 |
Jaime Martinez-Rojas v. United States |
Fifth Circuit |
2021-07-13 |
Denied |
Response WaivedIFP |
Almendarez-Torres case-law criminal-appeal criminal-procedure due-process fifth-circuit judicial-precedent jury-trial recidivism sentencing supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-41 |
James Allen Jackson v. Texas |
Texas |
2021-07-13 |
Denied |
Response Waived |
closing-argument constitutional-rights criminal-procedure habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prejudice procedural-due-process racist-testimony right-to-silence trial-counsel wiccan-testimony |
I. Was petitioner denied the effective assistance of counsel when defense counsel failed to object to irrelevant, inflammatory testimony that petition… |
| 21-43 |
Moe M. Al-Dolemy v. Michigan |
Michigan |
2021-07-13 |
Denied |
|
appellate-review conviction conviction-review court-of-appeals criminal-procedure due-process judicial-procedure legal-error michigan-court-of-appeals record-contradiction record-evidence |
Did the Michigan Court of Appeals commit reversible error through issuing a opinion affirming Petitioner 's conviction where the opinion is contradict… |
| 21-5077 |
Herbert Jonathan Castillo Juarez and Paola Valenzuela Arevalo v. United States |
Eleventh Circuit |
2021-07-13 |
Denied |
Response WaivedIFP |
criminal-law criminal-procedure drug-crimes drug-type knowledge-requirement mens-rea rehaif-v-united-states sentencing sentencing-guidelines statutory-interpretation ussg-2d1.1 |
Whether the government is required to prove a defendant's mens rea and knowledge with respect to the requisite drug type for penalties under Title 21 … |
| 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 as establish… |
| 21-5072 |
Roque Saenz-Quintela v. United States |
Fifth Circuit |
2021-07-12 |
Denied |
Response WaivedIFP |
case-review constitutional-law criminal-procedure due-process fifth-circuit judicial-precedent sentencing statutory-interpretation supreme-court supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-5076 |
Charlene Terry-Ann Walker Rosa v. Florida |
Eleventh Circuit |
2021-07-12 |
Denied |
Response WaivedRelisted (2)IFP |
civil-rights criminal-procedure double-jeopardy due-process ineffective-assistance-of-counsel judicial-process |
1. Whether the finding of strategic Decision on the part a depenre Couned, where the vecrd shat that such qurding only purpore is to prellent a menit … |
| 21-5083 |
Corbin J. Breitenbach v. Kansas |
Kansas |
2021-07-12 |
Denied |
IFP |
appellate-review constitutional-law criminal-procedure discovery dna-testing due-process evidence habeas-corpus judicial-procedure |
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DA VW Dv^Vrxd CaxA oAxse As &*cjce\\o^ \* Aexv^
^cc\e^o£xA\s s<zx^K.t& %o( t\ouj aj^>d… |
| 21-25 |
Richard Janusz v. Illinois |
Illinois |
2021-07-09 |
Denied |
|
arraignment arraignment-delay constitutional-rights criminal-procedure delay due-process fourteenth-amendment speedy-trial |
1. Whether a defendant is denied due process of the fourteenth amendment to United States Constitution where his arraignment is delayed, for no appare… |
| 21-5061 |
Henry Johnson Lucas, Jr. v. Virginia |
Virginia |
2021-07-09 |
Denied |
IFP |
appeals appellate-procedure constitutional-challenge criminal-procedure due-process federal-court fourteenth-amendment legal-interpretation standing supreme-court-rules virginia-law |
I. The quEstiON pResENtEd is WhEthEr thE VA. SUPREME COUt VIDLAtEDpEtitiONER'S DUE PROCESS OF LAWINVIOATION OF AMEND. 14 oF thE UNitED StAtESCONstitut… |
| 21-5062 |
Ricardo Burgos v. United States |
Seventh Circuit |
2021-07-09 |
Denied |
Response WaivedIFP |
civil-rights-restoration criminal-procedure due-process evidentiary-hearing felon-in-possession plain-error rehaif-standard rehaif-v-united-states |
In Light of this Court's holding in United States v. Gary, (20-444) (S.Ct. June 14, 2021) regarding plain error under Rehaif v. United States, 139 S.C… |
| 21-5063 |
Sammy Cano v. Illinois |
Illinois |
2021-07-09 |
Denied |
IFP |
constitutional-rights criminal-procedure criminal-seizure due-process evidence ineffective-assistance-of-counsel ineffective-counsel reasonable-doubt sentencing sentencing-discretion witness-credibility witness-testimony |
1. Whether or not the State failed to prove Sammy Cano guilty beyond a reasonable doubt where the only witness to the crime directly contradicted her … |
| 21-5068 |
Leonard Griffin v. United States |
Fifth Circuit |
2021-07-09 |
Denied |
Response WaivedIFP |
age compassionate-release covid-19 criminal-procedure district-court-discretion family-circumstances federal-statute health-conditions motion-for-relief race sentencing |
Whether the district court erred by denying Mr. Griffin's Motion for Compassionate Release under 18 U.S.C. § 3582(c)(1)(A). |
| 21-5071 |
Gigi Fairchild Littlefield v. California |
California |
2021-07-09 |
Denied |
Response WaivedIFP |
8th-amendment civil-rights constitutional-rights covid-19 criminal-procedure due-process judicial-interpretation prison-reform prosecutorial-discretion sentencing-guidelines standing systemic-injustice |
Question not identified. |
| 21-20 |
Jack Albert Chappell v. United States |
Eighth Circuit |
2021-07-08 |
Denied |
Response Waived |
brady-violation criminal-procedure due-process evidence-disclosure evidence-handling fair-trial government-witness prosecutorial-misconduct witness-testimony |
Under Brady v. Maryland, 373 U.S. 83 (1963), does prosecutorial misconduct and mishandling of evidence constitute a Brady violation when the Governmen… |
| 21-5037 |
Derrick Vaughn v. United States |
Seventh Circuit |
2021-07-08 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fair-trial in-court-identification prosecutorial-misconduct right-to-counsel sixth-amendment |
Should the Court grant certiorari to determine whether improper in-court identifications performed at the behest of the prosecution deprived Petitione… |
| 21-5041 |
Kosoul Chanthakoummane v. Texas |
Texas |
2021-07-08 |
Denied |
IFP |
constitutional-rights criminal-defense criminal-procedure due-process eighth-amendment fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel sixth-amendment trial-procedure |
Whether Mr. Chanthakoummane is entitled to a new trial because trial counsel ignored his unequivocal direction to challenge his guilt during the culpa… |
| 21-5042 |
John Shields v. United States |
Sixth Circuit |
2021-07-08 |
Denied |
IFP |
controlled-substance criminal-procedure double-jeopardy evidence guilty-plea money-laundering plain-error waiver waiver-doctrine |
I. Whether the Sixth Circuit's blanket policy of relying on the waiver doctrine as justificatio n for refusing to review an insufficiency of the evide… |
| 21-5043 |
Carlos Amador Saragoza-Botello v. United States |
Fifth Circuit |
2021-07-08 |
Denied |
Response WaivedIFP |
case-review constitutional-law criminal-procedure due-process fifth-circuit judicial-precedent legal-challenge sentencing stare-decisis statutory-interpretation supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-5044 |
Ncholeion Kashana Hollie v. United States |
Fifth Circuit |
2021-07-08 |
Denied |
Response WaivedIFP |
abduction abduction-definition change-in-location circuit-split criminal-procedure federal-sentencing robbery robbery-enhancement sentencing-guidelines ussg-2b3.1 |
Under Section 2B3.1 (b)(4)(A) of the United States Sentencing Guidelines ("USSG"), courts apply a four-level increase to the offense level for Robbery… |
| 21-5045 |
Colvis Jerrod Higgins v. United States |
Fifth Circuit |
2021-07-08 |
Denied |
Response WaivedIFP |
alcohol-prohibition criminal-procedure drug-treatment due-process judicial-discretion plain-error sentencing sentencing-conditions special-conditions substance-abuse supervised-release |
I. Did the district court plainly err when it imposed a special condition of supervised release requiring Mr. Higgins to abstain from alcohol and to a… |
| 21-5047 |
Michael Carter v. United States |
Fifth Circuit |
2021-07-08 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
18-usc-3553a criminal-procedure criminal-sentencing discretionary-review district-court-discretion first-step-act individualized-explanation sentence-reduction sentencing-factors statutory-interpretation |
(1) Are district courts required to consider the sentencing factors listed in 18 U.S.C. § 3553(a) when deciding whether to impose a reduced sentence u… |
| 21-5049 |
Yancey J. Myers, aka Yam v. United States |
Eighth Circuit |
2021-07-08 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-conviction criminal-procedure due-process fatal-variance judicial-integrity plain-error reversible-error standard-of-review |
When the ex post facto clause is breached and the error is obviously plain, does this Constitutionally forbidden error require a reversal of a crimina… |
| 21-5053 |
Hernando Javier Vergara v. United States |
Eleventh Circuit |
2021-07-08 |
Denied |
Response WaivedIFP |
5th-amendment 6th-amendment amendment-challenge constitutional-scrutiny criminal-procedure criminal-sentencing due-process jury-trial retroactive-application retroactivity supervised-release |
In a previous holding (United States v Raymond , 588 U.S., 139 S.Ct._,
204 L. Ed. 2d 897 LEXIS 4398 (2019), this Court ruled that 18 U.S.C. §3583(1*;)… |
| 21-5054 |
Kevin Antonio Watson v. Virginia |
Virginia |
2021-07-08 |
Denied |
IFP |
appellate-review burden-of-proof constitutional-rights criminal-procedure due-process evidence-sufficiency habeas-corpus ninth-circuit prosecutorial-misconduct reasonable-doubt sufficiency-of-evidence |
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Pku&rafat lb PfoS^ec-U-hcun j as\^ ra-h 4iri €/r> oF''
'. P4< l4 £ouI 4 kat/e-f'kut'id *ffhe_ Vc&afAfaaf^ tfnT… |
| 21-5055 |
Bobby Wilson, Jr. v. United States |
Fifth Circuit |
2021-07-08 |
Denied |
Response WaivedIFP |
5th-amendment 6th-amendment constitutional-law criminal-procedure due-process plea-agreement |
Can A PROGRAM NORRIS MOTION
OR APPEAL BE DISMISSED BASED
UPON A WRITTEN WAIVER EVEN THOUGH
THE GOVERNMENT BREACHED ITS
PLEA AGREEMENT THAT INDUCED A
P… |
| 21-5058 |
Joseph Andrew Phipps v. Neil McDowell, Warden |
Ninth Circuit |
2021-07-08 |
Denied |
IFP |
14th-amendment 5th-amendment aedpa criminal-procedure due-process equal-protection jury-instructions lesser-included-offenses |
1) Does Petitioner have a due process right to jury instructions on
lesser included offenses?
2) Does the Equal Protection Clause of the 14th Amendm… |
| 21-5029 |
Antonio Domingo-Morales v. United States |
Fifth Circuit |
2021-07-07 |
Denied |
Response WaivedIFP |
case-review constitutional-law criminal-procedure due-process fifth-circuit judicial-precedent jury-trial legal-challenge recidivism sentencing supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 21-5038 |
Donnell Bledsoe v. Stockton Police Department, et al. |
Ninth Circuit |
2021-07-07 |
Denied |
Relisted (2)IFP |
civil-rights constitutional-law criminal-procedure due-process excessive-force exclusionary-rule fourth-amendment police-misconduct qualified-immunity search-and-seizure section-1983 |
The lower court(s) ruled that a federal criminal statute that enforces constitutional limits on conduct by law enforcement officers, provided in relev… |
| 21-5014 |
John Bruce Fifield, Jr. v. United States |
Tenth Circuit |
2021-07-06 |
Denied |
Response WaivedIFP |
appellate-review criminal-history criminal-procedure judicial-notice plain-error sentencing sentencing-guidelines standard-of-review |
Whether a court of appeals may consider judicially noticeable facts presented for the first time on appeal in deciding whether an error is plain? |
| 21-5004 |
Bo Daniel Shafer v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-07-02 |
Denied |
IFP |
appellate-review criminal-procedure district-court due-process habeas-corpus ineffective-assistance-of-counsel trial-counsel trial-procedure voir-dire witness-testimony |
1. DID THE FEDERAL DISTRICT COURT ERRONEOUSLY CONCLUDE THAT BO SHAFER'S IAC CLAIM REGARDING HIS TRIAL COUNSEL'S PERFORMANCE DURING VOIR DIRE WAS WITHO… |
| 20-8467 |
Cyrus Casby v. United States |
Fifth Circuit |
2021-07-01 |
Denied |
Response WaivedIFP |
chain-of-custody civil-rights constitutional-standards criminal-procedure dna-evidence due-process evidence-contamination expert-qualification expert-testimony scientific-procedure testing-guidelines |
WHETHER THE ACCUSED DNA REPORT AND RAW DATA (SCIENTIFIC PROOF) CONTAMINATED (UPLIFTING EVIDENCE WAS MISUSED TO CONVICT ME, TO DISMISS MY INDICTMENT/OV… |
| 20-8468 |
Deborah Petty v. United States |
Fifth Circuit |
2021-07-01 |
Denied |
Response WaivedIFP |
aggravated-identity-theft criminal-procedure criminal-venue district-court due-process identity-theft interstate-crime jurisdiction venue |
I. Was venue proper in the Northern District of Texas when the crimes were actually committed in Nevada and Florida? |
| 20-8472 |
Rocky Leandro Orosco v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-07-01 |
Denied |
IFP |
criminal-procedure direct-appeal due-process evidence-suppression exclusionary-rule fourth-amendment ineffective-assistance ineffective-assistance-of-counsel motion-to-suppress warrantless-search |
1) During Mr.Orosco's trial, the State District Attorney told
the jury that Mr.Orosco's Cell Phone was' "Obtained" with a
warrant when it really was… |
| 20-8477 |
Stephen Aguiar v. United States |
Second Circuit |
2021-07-01 |
Denied |
Response WaivedIFP |
appellate-procedure article-three case-or-controversy civil-rights constitutional-law criminal-procedure due-process judicial-review sentencing standing supervised-release |
1. WHETHER THE SECOND CIRCUIT WRONGLY DISMISSED PETITIONER'S PETITION AS MOOT BEFORE ALLOWING HIM THE OPPORTUNITY APPEAL TO SHOW THAT HIS APPEAL MEETS… |
| 20-1825 |
Jeffrey McClatchy v. Texas |
Texas |
2021-07-01 |
Denied |
|
brady-disclosure brady-v-maryland criminal-procedure due-process exculpatory-evidence guilty-plea plea-bargaining prosecutorial-misconduct united-states-v-ruiz |
1. RELEVANT ISSUES : Brady v. Maryland , 373 U.S. 83 (1963), enshrined the principle that the prosecu-tion is obligated to provide a criminal defendan… |
| 20-1819 |
Lawrence B. Hughes v. Georgia |
Georgia |
2021-06-30 |
Denied |
|
14th-amendment criminal-procedure due-process indictment indictment-clarity jury-charge jury-instructions prosecutorial-misconduct self-defense standard-of-review |
Is it a requirement within State Statute of Fed
eral law for an indictment to be clear and precise
within accusation?
In review of deliberation stag… |
| 20-8446 |
Hewitt A. Grant, II v. Florida |
Florida |
2021-06-30 |
Denied |
IFP |
constitutional-rights criminal-procedure double-jeopardy due-process federal-procedure fifth-amendment judicial-review jurisdiction legal-interpretation procedural-rules retrial united-states-law |
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All do vidCOi FR/ c/a C&ldf… |
| 20-8450 |
Ronald Anthony Gomez v. Christian Pfeiffer, Warden, et al. |
Ninth Circuit |
2021-06-30 |
Denied |
IFP |
apodaca-v-oregon criminal-procedure due-process fourteenth-amendment habeas-corpus jury-unanimity schad-v-arizona sixth-amendment |
I. Does a state trial court 's failure to give a unanimity instruction
to a jury in a criminal trial raise a debatable valid claim of the
denial of … |
| 20-8451 |
J. P. v. Arkansas |
Arkansas |
2021-06-30 |
Denied |
Response WaivedIFP |
appellate-review constitutional-rights criminal-procedure directed-verdict due-process motion-for-directed-verdict preservation-of-error procedural-due-process state-criminal-procedure trial-preservation |
Does the State of Arkansas's strict interpretation and enforcement of a procedural rule which requires criminal defendants to identify the specific fl… |
| 20-8458 |
Patrick Eugene Stein v. United States |
Tenth Circuit |
2021-06-30 |
Denied |
IFP |
civil-rights criminal-procedure district-court due-process jury-act jury-selection standing tenth-circuit weapon-of-mass-destruction |
Does this practice substantially violate the plain language of the Jury Act under 28 U.S.C. § 1861, and was the Tenth Circuit Court of Appeals wrong t… |
| 20-8460 |
Marcus Snipes v. Florida |
Florida |
2021-06-30 |
Denied |
IFP |
Apprendi-rule constitutional-interpretation criminal-procedure criminal-sentencing due-process jury-determination jury-trial sentencing statutory-interpretation statutory-maximum |
WHETHER THE STATE CAN AVOID APPRENDI'S REACH BY WRITING ITS PENAL STATUTES SO THAT A FACT THAT INCREASES THE PENALTY FOR A CRIME INSTEAD BECOMES A FAC… |
| 20-8443 |
Jacobie A. Green v. Louisiana |
Louisiana |
2021-06-29 |
Denied |
Response WaivedIFP |
criminal-procedure defendant-statement due-process evidence jury-charge jury-instructions motion-to-quash photographic-evidence right-to-counsel state-created-impediment trial-court-discretion |
1. Did the Louisiana Supreme Court error in denying review after a. State-crested impediment occurred?
2. Whether ihe trial court erred in admittmg d… |
| 20-8444 |
Dustin Melvin Davison v. Oklahoma |
Oklahoma |
2021-06-29 |
Denied |
IFP |
autonomy constitutional-rights criminal-procedure defendant-autonomy defense-counsel due-process effective-assistance-of-counsel guilt-concession right-to-counsel sixth-amendment trial-strategy |
Is it unconstitutional to allow defense counsel to concede any aspect of guilt over defendant's unambiguously expressed desire to maintain actual inno… |
| 20-8445 |
Christian Kalen Crawford v. Florida |
Florida |
2021-06-29 |
Denied |
IFP |
4th-amendment 5th-amendment blood-draw criminal-procedure detention due-process fourth-amendment probable-cause search-and-seizure traffic-stop |
Whether law enforcement officers may extend the detention of a driver involved in an accident resulting in the death of another person in order to wai… |
| 20-8453 |
Devonte Jaishun Tucker v. United States |
Eleventh Circuit |
2021-06-29 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure criminal-sentencing due-process judicial-discretion mitigation preservation preservation-of-error sentencing sentencing-discretion |
Whether a defendant must object to sentencing court's failure to consider a nonfrivolous mitigation argument in order to preserve the issue for appeal… |
| 20-1814 |
Donnie Rudd v. Illinois |
Illinois |
2021-06-29 |
Denied |
|
arrest-warrant criminal-complaint criminal-procedure prosecutorial-involvement right-to-counsel rothgery-v-gillespie sixth-amendment |
Whether the Court's decision in Rothgery v. Gillespie eliminates attachment of an individual's Sixth Amendment right to counsel prior to his appearanc… |
| 20-1808 |
Adam E. Billings v. United States |
Eighth Circuit |
2021-06-28 |
Denied |
Response Waived |
circuit-split criminal-procedure due-process eighth-circuit kisor-v-wilkie sentencing-guidelines supreme-court-precedent united-states-v-booker united-states-v-roach |
1. Whether the Sentencing Guidelines §2D1.1 Application Note 4 violates procedural due process.
2. Whether the Eighth Circuit's decision in United St… |
| 20-8438 |
Michael A. Livingston v. Alabama |
Alabama |
2021-06-28 |
Denied |
IFP |
2nd-amendment civil-rights criminal-procedure due-process free-speech takings |
Question not identified. |
| 20-8439 |
Francisco Coto-Mendoza v. United States |
Fifth Circuit |
2021-06-28 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure district-court district-court-review guideline-range judicial-discretion objection plain-error sentencing sentencing-guidelines substantial-arguments |
Whether, after Holguin-Hernandez v. United States, __U.S.__, 140 S.Ct. 762 (2020), a party may obtain appellate relief when the district court fails t… |
| 20-8440 |
Jerry Douglas, Jr. v. United States |
Fourth Circuit |
2021-06-28 |
Denied |
Response WaivedIFP |
criminal-procedure federal-question felon-in-possession felon-possession jury-instruction justification-defense minor-child-safety minor-protection second-amendment |
Is a defendant entitled to a justification jury instruction on a charge of possession of ammunition in commerce by a felon when the defendant is actin… |
| 20-8425 |
Phillip L. Carson v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. |
Ninth Circuit |
2021-06-28 |
Denied |
Response WaivedIFP |
14th-amendment 5th-amendment brady-v-maryland constitutional-rights criminal-procedure defendant-rights due-process evidence-admissibility giglio-v-united-states judicial-precedent supreme-court-review |
right to the Due Process of Law? (uscA sth &14 th Amendments)
.Has the Supreme Courtof the Vnited States overtured its own Precident in Brady V. Mary… |
| 20-8415 |
Demario Deshawn Simpson v. United States |
Sixth Circuit |
2021-06-25 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
count-specific-plea criminal-indictment criminal-procedure due-process federal-rules-criminal-procedure jurisdiction partial-guilty-plea plea-bargaining plea-entry sentencing-guidelines sixth-amendment |
Whether a defendant has a right under the Federal Rules of Criminal Procedure to enter a partial guilty plea (without a plea agreement or any plea bar… |
| 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 … |
| 20-8421 |
Braulio Perez v. United States |
Eleventh Circuit |
2021-06-25 |
Denied |
IFP |
4th-amendment 5th-amendment 6th-amendment 911-call armed-career-criminal body-camera body-camera-footage constitutional-rights'\n'Issue 4 criminal-history criminal-law criminal-procedure criminal-procedure'\n'Issue 2 criminal-procedure'\n'Issue 3 criminal-procedure'\n'Issue 4 enhancement evidence fair-trial fifth-amendment firearm fourth-amendment motion-to-suppress search-and-seizure self-incrimination sentencing sentencing-enhancement statements statutory-interpretation witness witness-testimony |
1. Whether Mr. Perez's Fourth Amendment rights were violated when his motion to suppress the firearm was denied?
2. Whether Mr. Perez's Fifth Amendme… |
| 20-8422 |
Wayne Porter v. United States |
Fourth Circuit |
2021-06-25 |
Denied |
Response WaivedIFP |
appellate-review conspiracy-conviction criminal-enterprise criminal-procedure double-jeopardy due-process sentencing sentencing-guidelines statutory-interpretation supervisory-power |
Whether the Fourt Circuit Court of Appeal's sanctioning of the
district court's refusal to correct errors and omissions of facts from
the Fourth Circu… |
| 20-8424 |
James Erik Godiksen v. United States |
Second Circuit |
2021-06-25 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure expert-testimony harmless-error judicial-discretion jury-instructions jury-note prejudice trial-procedure |
Did the Court of Appeals improperly conclude that the District Court's mishandling of a jury note and replaying only a portion of the defense expert's… |
| 20-8399 |
Clarence O. Hopkins v. Illinois |
Illinois |
2021-06-24 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure due-process habeas-corpus habitual-criminal mandatory-supervised-release pre-trial-detention sentencing speedy-trial |
Wsappellate Coseieffective o ing incue
a ha hi iioe pentfo
speedy trial violation? |
| 20-8400 |
Daryl Wendell Barley v. United States |
Fourth Circuit |
2021-06-24 |
Denied |
Response WaivedIFP |
clear-and-convincing-evidence criminal-procedure effective-assistance-of-counsel evidence-standard first-step-act preponderance-of-evidence relevant-conduct sec-404 sentencing-reduction sixth-amendment |
1. Whether the "clear and convincing evidence standard" should be used instead of the "preponderance of evidence standard" when determining the releva… |
| 20-8414 |
Cynthia Stiger v. United States |
Fifth Circuit |
2021-06-24 |
Denied |
Response WaivedIFP |
alternate-jurors bias circuit-split criminal-procedure due-process health-care-fraud judicial-discretion juror-bias jury-selection restitution-liability supervised-release |
1. Did the Fifth Circuit err in holding that the district court did not abuse its discretion in refusing to strike a juror during trial based on perce… |
| 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 |
Does false evidence and expert witness perjured testimony the alleged victim suffered a fracture of the zygomatic buttress qualify for the Schlup doct… |
| 20-8429 |
Christopher Forman v. Pennsylvania |
Pennsylvania |
2021-06-24 |
Denied |
Response WaivedIFP |
14th-amendment burglary conspiracy criminal-procedure due-process fourteenth-amendment sentencing |
1. Did the Commonwealth of Pennsylvania defy the due process clause of the Fourteenth amendment to the United States Constitution by permitting a conv… |
| 20-8430 |
Samuel Gayden v. Illinois |
Illinois |
2021-06-24 |
Denied |
IFP |
chain-of-custody criminal-procedure dna-evidence evidence-admissibility fair-trial ineffective-assistance jury-instructions lay-opinion prosecutorial-misconduct trial-procedure witness-identification |
I
Whether the State misused DNA evidence to link Petitioner to the weapon used in the offense, and
to alleged threatening letters sent from the Cook C… |
| 20-8431 |
Brandon Kendale Dudley v. United States |
Fourth Circuit |
2021-06-24 |
Denied |
Response WaivedIFP |
advisory-guidelines constitutional-law criminal-procedure due-process evidence-standard judicial-discretion preponderance-of-evidence sentencing sentencing-guidelines |
Whether the use of the preponderance of the evidence standard at sentencing to substantially enhance a criminal defendant's advisory guideline range c… |
| 20-8389 |
Asa Lea, aka Asa Lorenzo-Lamiyah Lea v. United States |
District of Columbia |
2021-06-23 |
Denied |
Response WaivedIFP |
4th-amendment criminal-procedure district-court-error exclusionary-rule illegal-evidence judgment-of-acquittal motion-for-new-trial motion-to-suppress search-and-seizure tangible-evidence |
1. Whether the District Court erred by denying Mr. Lea's Motion to Suppress Illegal Tangible Evidence?
2. Whether the District Court erred by denying… |
| 20-8390 |
Gary L. Workman v. Jason Kent, Warden |
Fifth Circuit |
2021-06-23 |
Denied |
Relisted (2)IFP |
criminal-procedure due-process exculpatory-evidence habeas-corpus ineffective-assistance ineffective-assistance-of-counsel police-misconduct prosecutor-misconduct right-to-counsel witness-subpoena |
Was Petitioner denied his right to compel witnesses when counsel failed to subpoena
an expert that had found exculpatory evidence and this evidence w… |
| 20-8393 |
Robert Steven McDaniel v. Georgia |
Georgia |
2021-06-23 |
Denied |
IFP |
civil-rights constitutional-rights counsel-error criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel post-conviction-remedies right-to-appeal |
1. TO AN APPEAL OR OUT-OF-TIME- APPEAL?
2. Is The AbANDOUMeNT of couNsEl fOR ThE defENdaNT AfTER A
PlEA hERINg OR SENTENCINg Of CONSTITOTIONAl MAGNTU… |
| 20-8395 |
Luis Bernal-Villareal v. United States |
Ninth Circuit |
2021-06-23 |
Denied |
Response WaivedIFP |
average-participant criminal-procedure drug-importation lower-courts minor-role sentencing-guidelines ussg-3b1.2 ussg-analysis |
Whether, in a drug importation offense, managers and supervisors of the offense should be considered "average participants" for purposes of a USSG § 3… |
| 20-8402 |
Daniel Chica-Gutierrez v. United States |
Fifth Circuit |
2021-06-23 |
Denied |
Response WaivedIFP |
affirmative-defense collateral-attack criminal-procedure custis-rule federal-statutory-provision sentencing sentencing-commission sentencing-guidelines state-court-conviction statutory-interpretation |
Whether a federal court is permitted to consider an argument that a prior state-court conviction does not satisfy a relevant federal statutory provisi… |
| 20-8405 |
Robert Allen Vestal v. United States |
Fifth Circuit |
2021-06-23 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure deference federal-courts judicial-discretion sentencing-factors sentencing-review standard-of-review substantive-reasonableness |
Whether substantive reasonableness review necessarily encompasses some degree of reweighing the sentencing factors? |
| 20-8407 |
Daniel Littlepage v. Tim Shoop, Warden |
Sixth Circuit |
2021-06-23 |
Denied |
Response WaivedIFP |
aggravated-murder criminal-procedure due-process orc-2945.06 plea-bargaining post-release-control sentencing three-judge-panel |
1. Is the Petitioner's Due Process Rights Violated Due to the
requiring a Three-Judge Panel Violation of O.R.C. ' 2945.06
for Aggravated Murder?
2. … |
| 20-8354 |
Lewis Wesley Hickman, III v. United States |
Fourth Circuit |
2021-06-22 |
Denied |
Response WaivedIFP |
criminal-history criminal-procedure due-process evidence-challenge felony-conviction judicial-review mandatory-minimum plea-bargaining sentencing-disparities sentencing-enhancements sentencing-guidelines |
why was my 3 points for accepting responsibility taken for a fight in jail. I Know I didnt say} "Cooperator"; I didnt Know him at all.
why was I give… |
| 20-8355 |
Jason Kyle Gee v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-06-22 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process equal-protection jackson-v-virginia jury-deliberations racial-bias standard-of-review sufficiency-of-evidence verdict-challenge |
Question not identified. |
| 20-8378 |
Michael R. Gore, Jr. v. Andrew J. Bruck, Acting Attorney General of New Jersey, et al. |
Third Circuit |
2021-06-22 |
Denied |
IFP |
criminal-procedure faretta self-representation sixth-amendment voir-dire waiver |
I. IS THE RIGHT TO SELF-REPRESENTATION VIOLATED WHEN A DEFENDANT IS NOT AFFORDED VOIR DIRE UNDER THE U.S. SUPREME COURT'S DECISION IN FARETTA V. CALIF… |
| 20-8384 |
Pedro Rodriguez-Calderon v. United States |
Fifth Circuit |
2021-06-22 |
Denied |
Response WaivedIFP |
criminal-procedure due-process indictment jury-trial prior-conviction sentencing |
I. Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and ei… |
| 20-8386 |
Cheddie Lamar Griffin v. United States |
Eleventh Circuit |
2021-06-22 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure davis-precedent due-process federal-procedure habeas-corpus johnson-rule sentencing statutory-interpretation successive-petition supreme-court |
WHETHER THE CIRCUIT PANEL'S DECISION AFFIRMING THE DISTRICT COURT'S DENIAL OF MR. GRIFFIN'S AUTHORIZED SUCCESSIVE 2255 (UNDER JOHNSON) SIMPLY BECAUSE … |
| 20-8387 |
Bruce Lee Felix v. United States |
Sixth Circuit |
2021-06-22 |
Denied |
Response WaivedIFP |
constitutional-delay criminal-procedure judicial-discretion motion-resolution presumptive-prejudice pretrial-motion pretrial-motions speedy-trial tolling trial-procedure united-states-v-tinklenberg |
In Barker v. Wingo, 407 U.S. 514, 530, 92 S. Ct. 2182, 2192, 33 L. Ed. 2d 101 (1972), this Court held that a period of delay from indictment to trial,… |
| 20-1771 |
Charles Simonson v. Borough of Taylor, Pennsylvania, et al. |
Third Circuit |
2021-06-22 |
Denied |
|
circuit-conflict circuit-split criminal-procedure domestic-violence due-process independent-investigation probable-cause warrantless-arrest witness-statement |
The Third Circuit held that probabl e cause can be based solely on the statements of a victim and an alleged 1 ½ hour investigation that failed to inc… |
| 20-1772 |
Branden Edward Shumate v. California |
California |
2021-06-22 |
Denied |
Response Waived |
attorney-client-relationship attorney-of-choice criminal-defendant criminal-procedure motion-for-new-trial post-conviction-proceedings right-to-counsel sentencing sixth-amendment trial-court |
I. Whether a Trial Court Deprives a Defendant of His Right to Counsel by Discharging a Defendant's Hired Attorney of Choice Just Before Trial Was to S… |
| 20-8350 |
Curtis Lee Holliman v. Texas |
Texas |
2021-06-21 |
Denied |
IFP |
civil-rights criminal-procedure due-process exculpatory-evidence harmless-error standing |
Did the court of Appeals misapply the holding in Ray v. state in holding that the error was harmless?
Did prosecutors mislead the jury and fail to tu… |
| 20-8352 |
David Alexandre v. United States |
First Circuit |
2021-06-21 |
Denied |
Response WaivedIFP |
4th-amendment circuit-split criminal-activity criminal-procedure fourth-amendment nexus-requirement probable-cause search-warrant supreme-court |
Did the United States Court of Appeals for the First Circuit erroneously hold the government was not required to establish probable cause to the belie… |
| 20-8353 |
Russell Armfield v. Sonja Nicklaus, Warden |
Seventh Circuit |
2021-06-21 |
Denied |
IFP |
bruton-rule bruton-violation civil-rights constitutional-error criminal-procedure due-process ineffective-assistance-of-counsel jury-instructions jury-prejudice prosecutorial-misconduct strickland-claim |
(1) If a ruling must be contrary to established Federal Law for A Defendant to receive relief, When there is no established Federal Law or Precedent t… |
| 20-8363 |
Outhdorm Ros v. California |
California |
2021-06-21 |
Denied |
Response RequestedRelisted (2)IFP |
criminal-procedure due-process evidence evidence-admission fifth-amendment miranda-rights prosecutorial-argument self-incrimination |
1. In a criminal prosecution, can a suspect's silence after he is arrested, but before he is questioned or read his rights under Miranda v. Arizona, 3… |
| 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 |
Question not identified. |
| 20-8367 |
Kiera Shanice Graham v. Brooks Benton, Warden |
Georgia |
2021-06-21 |
Denied |
IFP |
constitutional-rights counsel-representation criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel plea-bargaining right-to-counsel sentencing voluntary-decision |
Is ifa vfokthon of dun proc.&& for & defwda nb -b pkad
AUi'I'ly b a \ fo SinDmoi tohjin informed hj Counsel +inaf
Umm pm\fo (mos biwj aujhi, ba+ ujos… |
| 20-8369 |
Clarence Clark v. United States |
Second Circuit |
2021-06-21 |
Denied |
Response WaivedIFP |
2nd-amendment constitutional-challenge constitutional-law criminal-procedure due-process fifth-amendment guilty-plea plain-error plea-bargaining sentencing sixth-amendment statutory-interpretation |
Whether the Second Circuit Court of Appeals erred in violation of U.S. Const. V and VI as well as this Court's precedent, when it denied Mr. Clark's c… |
| 20-8344 |
Harry Sharod James v. Tom Brickhouse, et al. |
Fourth Circuit |
2021-06-17 |
Denied |
IFP |
criminal-procedure due-process equal-protection evidence-admissibility ex-post-facto grand-jury impartial-jury indictment judicial-discretion trial-rights |
Does the Due Process Clause of the Fourteenth Amendment, as applied to the states through the Fourteenth Amendment and presented to a grand jury in th… |
| 20-8346 |
Juan Anibal Patrone v. United States |
First Circuit |
2021-06-17 |
Denied |
Response WaivedIFP |
18-usc-922 criminal-procedure due-process harmless-error immigration-status rehaif rehaif-standard sentencing-guidelines statutory-interpretation |
First, whether the district court's violation of Rehaif v. United States, 139 S. Ct. 2191
(2019) — when it omitted the knowledge of immigration status… |
| 20-8325 |
Francisco Javier Bermudez-Chavez v. United States |
Fifth Circuit |
2021-06-16 |
Denied |
Response WaivedIFP |
case-law criminal-appeal criminal-procedure due-process fifth-circuit judicial-precedent sentencing stare-decisis statutory-interpretation supreme-court supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 20-8326 |
Michael Adefemi Adeyemo, aka Adekunle Olufemi Adetiloye v. United States |
Eighth Circuit |
2021-06-16 |
Denied |
Response WaivedIFP |
criminal-procedure fifth-amendment incriminating nexus-requirement obstruction-of-justice plea-colloquy self-incrimination separate-offense testimonial |
I. Whether the Fifth Amendment "self-incrimination clause" protects a defendant during the change of plea colloquy against compulsory self-disclosure … |
| 20-8328 |
Juan E. Seary-Colon v. United States |
First Circuit |
2021-06-16 |
Denied |
Response WaivedIFP |
appellate-review burden-of-proof constitutional-challenge conviction-review criminal-procedure due-process insufficient-evidence legal-sufficiency procedural-review standard-of-review sufficiency-of-evidence |
Whether Evidence was Totally Insufficient for the Conviction to Stand. |
| 20-8330 |
Ilmane Charone Campas Strong v. United States |
Fifth Circuit |
2021-06-16 |
Denied |
Response WaivedIFP |
commerce-clause constitutional-law criminal-law criminal-procedure due-process federal-jurisdiction firearms judicial-fact-finding mandatory-minimum sixth-amendment supervised-release |
Whether 18 U.S.C. §922(g) permits conviction for the possession of any ammunition that has ever crossed state lines at any time in the indefinite past… |
| 20-8335 |
George A. Christian, Jr. v. Oklahoma |
Oklahoma |
2021-06-16 |
Denied |
Response RequestedRelisted (2)IFP |
constitutional-law criminal-procedure due-process fourth-amendment search-and-seizure standing |
Question not identified. |
| 20-8337 |
Noe Torres v. Dwayne Santistevan, Warden, et al. |
Tenth Circuit |
2021-06-16 |
Denied |
Response WaivedIFP |
constitutional-claims court-rules criminal-procedure discretionary-review due-process extension-of-filing-period habeas-corpus ineffective-assistance judicial-misconduct media-coverage procedural-default state-court |
Question not identified. |
| 20-1754 |
Lawrence Joey Smith v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2021-06-16 |
Denied |
Response Waived |
appellate-procedure burden-of-proof certificate-of-appealability circuit-court-review criminal-procedure due-process jury-instructions prosecutorial-argument prosecutorial-misconduct reasonable-doubt |
1. Is it objectionable for a prosecutor to argue to the jury that a lack of evidence does not give rise to a reasonable doubt?
2. Is the Eleventh Cir… |
| 20-1732 |
Thomas Bryant, Jr. v. United States |
Eleventh Circuit |
2021-06-15 |
Denied |
Amici (3) |
circuit-split compassionate-release criminal-procedure district-court first-step-act policy-statement sentencing-guidelines statutory-interpretation |
Whether Section 1B1.13 of the United States Sentencing Guidelines is an "applicable" policy statement that binds a district court in considering a def… |
| 20-8300 |
Lonnie Norton v. Utah |
Utah |
2021-06-15 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure criminal-statute due-process jury-trial sentencing statutory-interpretation vagueness-doctrine void-for-vagueness |
(N) Do this Court's rulings in Apprend: v. New Jersey,530U.S. 466 (2000) and Alleyne v. United States 577 U.S.99 (2013) require that when a state stat… |
| 20-8306 |
Donnie Joe Phillips v. United States |
Ninth Circuit |
2021-06-15 |
Denied |
IFP |
circuit-split criminal-defense criminal-law criminal-procedure due-process entrapment government-inducement law-enforcement unwitting-agent |
Whether the "government inducement" element of the entrapment defense can be met through the actions of an unwitting government agent. |
| 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 of the Sixth Amendment prohibit a Sexual Assault Nurse Examiner from testifying about statements made during a forensic … |
| 20-8322 |
Fabian Perpall v. United States |
Eleventh Circuit |
2021-06-15 |
Denied |
IFP |
circuit-split contested-issue criminal-evidence criminal-procedure federal-rules-of-evidence not-guilty-plea plea-of-not-guilty prior-bad-acts rule-404(b) rule-404b state-of-mind |
By pleading not guilty, can a defendant make his prior convictions admissible under Rule 404(b) to show "state of mind"? |
| 20-8282 |
Anthony Herman Lucio v. United States |
Fifth Circuit |
2021-06-14 |
Denied |
Response WaivedIFP |
criminal-procedure drug-quantity due-process factual-findings findings judicial-discretion presentence-report sentencing-guidelines |
WAS PRESENTENCE REPORT'S CALCULATIONS ON QUANTITY O'F DRUGS UNDER
U.S. SENTENCING GUIDELINES MANUAL § 2D1.1 ATTRIBUTED TO DEFENDANT
PROPER BASED ON FA… |
| 20-8293 |
Louis John Fontanez v. United States |
Eighth Circuit |
2021-06-14 |
Denied |
Response WaivedIFP |
§2255-motion 21-usc-841 but-for-causation criminal-procedure due-process expert-witness expert-witnesses habeas-corpus ineffective-assistance-of-counsel penalty-enhancement |
Was counsel constitutionally ineffective because he failed to consult or hire expert witnesses to investigate tte but-for causation of the victim's in… |
| 20-8294 |
Markeith Loyd v. Florida |
Florida |
2021-06-14 |
Denied |
Response WaivedIFP |
constitutional-interpretation constitutional-law criminal-procedure history-based-re-evaluation jury-rights legal-precedent lockhart-precedent lockhart-v-mccree sixth-amendment trial-by-jury |
Whether this Court should recede from Lockhart v. McCree, 476 U.S. 162 (1986), as part of its ongoing history-based re-evaluation of the Sixth Amendme… |
| 20-8299 |
In Re Michael Skillern |
|
2021-06-14 |
Denied |
Response WaivedIFP |
certificate-of-appealability circuit-court criminal-procedure due-process eleventh-circuit habeas-corpus judicial-review legal-precedent mandamus scotus writ-of-certiorari writ-of-mandamus |
DOES THE ELEVENTH CIRCUIT'S RULE ENUNCIATED CRUTCHFIELD v. WAINWRIGHT, 803 F.3d 1103 (11th Cir. 1986) ABROGATE OR MODIFY THE SUPREME COURT DECISION AS… |
| 20-1728 |
Rico Sanders v. Dylon Radtke, Warden |
Seventh Circuit |
2021-06-14 |
Denied |
Response Waived |
criminal-procedure eighth-amendment juvenile-sentencing juvenile-status life-sentence mitigating-factor parole sentencing sentencing-guidelines |
Whether this Court's Eighth Amendment precedent clearly establishes that a sentencing court must consider a defendant's juvenile status as a mitigatin… |
| 20-8287 |
Kenneth Wayne Walker, Jr. v. United States |
Fifth Circuit |
2021-06-11 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fifth-amendment parole sentencing sixth-amendment |
Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments? |
| 20-8288 |
Anthony L. Ingram v. United States |
Sixth Circuit |
2021-06-11 |
Denied |
Response WaivedIFP |
18-usc-1201(a)(1) criminal-procedure due-process evidence evidence-sufficiency federal-kidnapping jury-instructions motion-for-acquittal |
1. Are the due process rights of a defendant in a criminal case violated when the
government fails to present evidence at trial as to each element of … |
| 20-8290 |
Anthony Leon Waits v. United States |
Eighth Circuit |
2021-06-11 |
Denied |
Response WaivedIFP |
circuit-split criminal-procedure district-court federal-court federal-rule forfeiture forfeiture-judgment indictment indictment-notice statutory-basis |
Does Federal Rule of Criminal Procedure 32.2(a) prohibit a district court from entering a forfeiture judgment when the indictment does not give notice… |
| 20-8292 |
Pete Anthony Tyndale v. United States |
Sixth Circuit |
2021-06-11 |
Denied |
Response WaivedIFP |
5th-amendment criminal-procedure criminal-sentencing divisibility due-process federal-prosecution reckless-conduct serious-violent-felony sovereign-authority state-prosecution statutory-interpretation three-strikes-statute Whether the life sentence imposed under the Federa |
Does the government have the authority to dictate sovereign particular state, federal trial will be prosecuted other than the state according to the D… |
| 20-8273 |
Roger G. Babcock v. Florida |
Florida |
2021-06-10 |
Denied |
Response WaivedIFP |
criminal-procedure due-process ineffective-assistance-of-counsel judicial-discretion mandatory-sentencing sentencing sentencing-discretion state-law statutory-interpretation |
My name is Roger G. Babcock, and, in 1997 a Florida jury found me guilty of the crime of sexual battery, a capital felony not punishable by death. At … |
| 20-1708 |
Jose Leonel Bonilla-Romero v. United States |
Fifth Circuit |
2021-06-10 |
Denied |
|
5th-amendment constitutional-law criminal-procedure due-process fifth-amendment notice sentencing sentencing-range separation-of-powers |
Does the Due Process Clause of the Fifth Amendment require notice of the sentencing range prior to sentencing?
Is it a violation of separation of pow… |
| 20-1709 |
David Ming Pon v. United States |
Eleventh Circuit |
2021-06-10 |
Denied |
Amici (3)Relisted (2) |
appellate-review criminal-procedure criminal-trial due-process evidence-standard government-case harmless-error judicial-review presumption-of-innocence standard-of-review |
Whether an appellate court reviewing a cold criminal trial record may determine that an error at trial was harmless by applying an "overwhelming evide… |
| 20-8247 |
Marcus Darwyn Jones v. United States |
Fifth Circuit |
2021-06-09 |
Denied |
Response WaivedIFP |
criminal-procedure due-process guilty-plea plea-bargaining plea-voluntariness prosecutor-misconduct prosecutorial-misrepresentation sentencing-consequences sorna waiver |
1. Whether reliance on a prosecutor's legal misstatements regarding the consequences of a guilty plea renders that plea involuntary and unknowing.
2.… |
| 20-8259 |
Peter James Sorokaput v. Pennsylvania |
Pennsylvania |
2021-06-09 |
Denied |
IFP |
civil-rights coerced-confession constitutional-rights criminal-procedure due-process law-enforcement plea-bargaining sentencing wrongful-conviction |
So W ftkouf Sl/ch evidence
Old oFFfceC FiaVe ffobableCaLlse
+o SiopOie, SeaOch meTThen he?Oessufla)
Hie-, Forced me +o Confess -Vo a crime I d ithric… |
| 20-8260 |
Earton Smith v. John Schuyler Marvin |
Fifth Circuit |
2021-06-09 |
Denied |
Response WaivedIFP |
certiorari civil-rights constitutional-challenge court-of-appeals criminal-procedure due-process habeas-corpus judicial-review prisoner-rights state-court-procedure supreme-court |
whether the S.C.s 1983.
Jurisdictione
OVER |
| 20-8262 |
Francisco Hilt and Sean Alexander v. United States |
Ninth Circuit |
2021-06-09 |
Denied |
Response WaivedIFP |
brady-violation criminal-procedure due-process entrapment firearms-possession impeachment-evidence informant-disclosure sting-operation |
1. In an ATF sting operation, the government failed to disclose the
identity of the informant pretrial, and the defense was entrapment. The defense
di… |
| 20-8264 |
Jeremy Hough v. United States |
Fourth Circuit |
2021-06-09 |
Denied |
Response WaivedIFP |
appellate-review constitutional-law criminal-procedure criminal-sentencing due-process harmless-error judicial-procedure procedural-error sentencing standard-of-review |
Whether, through "assumed error harmlessness review," appellate courts may affirm a criminal sentence without addressing allegations of significant pr… |
| 20-8267 |
Christopher Jermaine Kelley v. United States |
Sixth Circuit |
2021-06-09 |
Denied |
Response WaivedIFP |
5th-amendment 6th-amendment constitutional-challenge criminal-procedure due-process essential-element guilty-plea judicial-review parties plea-bargaining |
Did the United States District Court for the Middle District of Tennessee and the United States Court of Appeals for the Sixth Circuit err in denying … |
| 20-8268 |
Duprece Jett v. United States |
Seventh Circuit |
2021-06-09 |
Denied |
Response WaivedIFP |
civil-rights compassionate-release constitutional-law criminal-procedure due-process habeas-corpus judicial-review sentencing separation-of-powers |
Whether testimony identifying Agent Guy's identifying Def. Dyprece Jett, as one of the two robbers under the Open Door doctrine was harmless error alt… |
| 20-8270 |
Maurice A. Jackson v. Kevin Ransom, Superintendent, State Correctional Institution at Dallas, et al. |
Third Circuit |
2021-06-09 |
Denied |
Response WaivedIFP |
court-of-appeals criminal-procedure dna-testing evidence ineffective-assistance ineffective-assistance-of-counsel prejudice prejudice-standard standard-of-review trial-counsel witness-impeachment |
1. Did the third circuit court err in deferring to the Court of Common Pleas finding that Mr. Jackson was not prejudiced by trial counsel not having k… |
| 20-8248 |
Richard W. Williams v. Sherie Korneman, Warden |
Eighth Circuit |
2021-06-08 |
Denied |
IFP |
certificate-of-appealability conflict-of-interest constitutional-rights criminal-procedure due-process effective-assistance fourteenth-amendment further-proceedings ineffective-assistance public-defender sixth-amendment |
1) TOir S™ r?„!SK 'ed'JUr0 SS °3 a ^ P31"51' one °f-«Mch stated during
d^nse ' Sixth 'ancHFourteent^Amendment
2)Does being deprived of conflict-free … |
| 20-8251 |
Jayrionte Thomas v. West Virginia |
West Virginia |
2021-06-08 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-appeal criminal-procedure due-process first-degree-murder habeas-corpus ineffective-assistance legal-procedure right-to-counsel sixth-amendment west-virginia-law |
Whether the West Virginia Supreme Court of Appeals erred in declining to hold, on direct criminal appeal, that the Petitioner received ineffective ass… |
| 20-8256 |
Terry Alonzo Wilson v. United States |
Eleventh Circuit |
2021-06-08 |
Denied |
Response WaivedIFP |
aiding-and-abetting civil-rights conspiracy criminal-procedure due-process hobbs-act |
Question not identified. |
| 20-1694 |
Gregory Molden v. United States |
Fifth Circuit |
2021-06-08 |
Denied |
Response Waived |
civil-procedure constitutional-rights criminal-procedure criminal-prosecution due-process fifth-amendment health-care-fraud medicare medicare-regulations regulatory-compliance |
Petitioner in district court appeared in a jury trial with multiple co-defendants three of which like Petitioner were licensed physicians. All of the … |
| 20-1702 |
Jimmy Cobb v. United States |
Eleventh Circuit |
2021-06-08 |
Denied |
Response WaivedRelisted (2) |
criminal-law criminal-procedure federal-jurisdiction ineffective-assistance-of-counsel jurisdiction plea-bargaining plea-deal sixth-amendment statutory-interpretation undercover-operation |
1. Does a District Court have the have Jurisdiction to punish and convict conduct that does not fall within a Federal Statute of 18 U.S.C 2422(b) and … |
| 20-1692 |
Henry Evans v. United States |
Fifth Circuit |
2021-06-07 |
Denied |
Response Waived |
administrative-law criminal-procedure criminal-prosecution expert-testimony health-care-fraud healthcare-fraud medicaid medicare medicare-regulations statutory-interpretation |
1.) Are the Medicare rules, regulations, and policies "controlling" in a criminal prosecution under 18 U.S.C. § 1347; i.e. is evidence of compliance o… |
| 20-1693 |
Erick Allen Osby v. United States |
Fourth Circuit |
2021-06-07 |
Denied |
Amici (4)Response Waived |
constitutional-rights criminal-procedure criminal-sentencing double-jeopardy fifth-amendment jury-acquittal sentencing sixth-amendment |
Whether basing a criminal defendant's sentence on charges of which the jury acquitted him violates the Fifth or Sixth Amendments. |
| 20-8236 |
Brady Lee Ray v. Kentucky |
Kentucky |
2021-06-07 |
Denied |
IFP |
criminal-procedure direct-appeal due-process first-degree-robbery fourteenth-amendment kentucky-supreme-court sentencing-errors supreme-court-rule uscs-supreme-court-rule-10 wanton-endangerment |
Did Kentucky Supreme Court Violate Section C of USC S of Supreme Ct. R. 10
and therefore the Fourteenth Amendment of the United States Constitution w… |
| 20-8241 |
John Doe v. United States |
Fourth Circuit |
2021-06-07 |
Denied |
Response WaivedRelisted (2)IFP |
constitutional-law criminal-procedure due-process sentencing statutory-interpretation supervised-release |
139 S.ct.2369 (2019) Abrogate crcnit precedest 1n U.5. v. Ward, 770 F.3d 1069 (4+h (i2.2014) Gupy +54 Supercised Belease under 18 USC Bevocation Procc… |
| 20-8226 |
In Re Francis Boyd |
|
2021-06-04 |
Denied |
IFP |
criminal-procedure criminal-sentencing due-process habeas-corpus judicial-error jury-instruction jury-instructions miscarriage-of-justice murder murder-degrees third-degree-murder trial-procedure |
1). CAN A TRIAL JUDGE INSTRUCT A JURY DURING A JURY CHARGE , THAT THEY CANNOT FIND
PETITIONER GUILTY OF A CERTAIN DEGREE OF MURDER AFTER ENTERTAINING … |
| 20-8227 |
Trevor Anderson v. Lynn Lilley, Superintendent, Eastern Correctional Facility |
Second Circuit |
2021-06-04 |
Denied |
Response WaivedIFP |
criminal-defendant criminal-procedure due-process evidentiary-hearing fair-trial implicit-bias prosecutorial-misconduct summation visual-presentation |
1. Can a prosecutor's display of a visual presentation during summation activate implicit biases, and if so, does the activation of those biases depri… |
| 20-8228 |
John Campbell v. United States |
Fourth Circuit |
2021-06-04 |
Denied |
Response WaivedIFP |
appeal armed-bank-robbery bank-robbery count-severance criminal-procedure evidence evidence-suppression firearm-possession jury-instructions sentencing sentencing-enhancement |
1. Did the district court incorrectly decline to charge the jury on a key element of armed bank robbery?
2. Did the district court err in denying sup… |
| 20-8230 |
Jorge De Los Santos v. United States |
Ninth Circuit |
2021-06-04 |
Denied |
Response WaivedIFP |
criminal-history criminal-procedure due-process liberty-interest liberty-restriction rehabilitation sentencing-conditions sex-offender substantive-reasonableness supervised-release |
For a low-level sex offender (like a mere possessor of child pornography with no prior criminal history), is a supervised-release condition prohibitin… |
| 20-8234 |
Arian Lamont Brown v. United States |
Sixth Circuit |
2021-06-04 |
Denied |
Response WaivedIFP |
career-criminal-guideline criminal-procedure en-banc en-banc-review judicial-discretion mandate mandate-recall precedent sentence-enhancement sentencing sixth-circuit |
Did the United States Court of Appeals for the Sixth Circuit abuse its discretion and err by denying the Motion to Recall the Mandate, when The United… |
| 20-1686 |
Bobby Lee Hampton v. Darrel Vannoy, Warden |
Louisiana |
2021-06-04 |
Denied |
|
collateral-review constitutional-rule criminal-procedure due-process ineffective-assistance mccoy-v-louisiana retroactivity right-to-counsel teague-v-lane |
In 2018, this Court held in McCoy v. Louisiana, 138 S. Ct. 1500, that "a defendant has the right to insist that counsel refrain from admitting guilt e… |
| 20-8199 |
Isiah Lamonte Brown v. California |
California |
2021-06-03 |
Denied |
Response WaivedIFP |
constitutional-remedy counsel-ineffectiveness counsel-violation criminal-procedure fundamental-autonomy prejudice prejudice-analysis right-to-testify standard-of-review waiver waiver-standard |
1. What standard of prejudice, if any, must be satisfied to reverse a conviction because trial counsel violated the defendant's fundamental autonomous… |
| 20-8200 |
Brandon Dante Brooks-Davis v. United States |
Eighth Circuit |
2021-06-03 |
Denied |
Response WaivedIFP |
circuit-court criminal-procedure fairness-integrity-public-reputation intervening-supreme-court-decision judicial-review plain-error-review substantial-rights supreme-court-decision trial-record |
Whether when applying plain-error review based upon an intervening United States Supreme Court decision, a circuit court of appeals may review matters… |
| 20-8211 |
Christian M. Allmendinger v. United States |
Fourth Circuit |
2021-06-03 |
Denied |
Response WaivedIFP |
acquitted-conduct criminal-procedure due-process fifth-amendment judicial-fact-finding jury-trial reasonable-doubt sentencing-guidelines sixth-amendment witte-v-united-states |
1. Alleyne v. United States, 570 U.S. 99, 133 S. Ct. 2151 (2013), expressly overruled Harris v. United States, 536 U.S. 545 (2002), and at least impli… |
| 20-8212 |
Dany L. Brandao v. United States |
First Circuit |
2021-06-03 |
Denied |
Response WaivedIFP |
criminal-procedure fourth-amendment home home-search narcotics narcotics-prosecution probable-cause prosecution search search-and-seizure vehicle |
1. Should certiorari be granted where the police violated the
Fourth Amendment to the United States constitution when, in a narcotics
prosecution, the… |
| 20-8222 |
In Re Marshall DeWayne Williams |
|
2021-06-03 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process federal-jurisdiction habeas-corpus statutory-interpretation |
Question not identified. |
| 20-8189 |
Heather Dawn Griffith v. United States |
Fifth Circuit |
2021-06-02 |
Denied |
Response WaivedIFP |
controlled-substance controlled-substances criminal-procedure drug-distribution federal-rule federal-rules-of-criminal-procedure plea-agreement plea-bargaining sentencing statutory-interpretation |
Whether, in a prosecution under 21 U.S.C. § 846, Federal Rule of Criminal Procedure 11(b)(3) requires a statement sufficient to show an agreement to d… |
| 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… |
| 20-8195 |
Calvin James Reid v. Michigan |
Michigan |
2021-06-02 |
Denied |
IFP |
collateral-attack constitutional-violation criminal-procedure due-process habeas-corpus judicial-review jurisdictional-defect legal-remedy retroactivity state-court-conviction statute-of-limitations time-limitation |
WHETHER A 30 YEAR OLD JURISDICTIONAL DEFECT IN STATE
COURT CONVICTION SHOULD STAND UNCORRECTED BECAUSE THE
VIOLATION OCCURRED OVER 30 YEARS AGO? |
| 20-8196 |
William Severs v. Andrew J. Bruck, Acting Attorney General of New Jersey, et al. |
Third Circuit |
2021-06-02 |
Denied |
IFP |
appeals appellate-procedure constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel legal-error right-to-counsel supreme-court-precedent third-circuit-court |
1) Whether the Decisions of the Third Circuit Court of Appeals and the District Court for the District of New Jersey were contrary to the United State… |
| 20-8197 |
Samuel Earl Smith v. United States |
Fifth Circuit |
2021-06-02 |
Denied |
Response WaivedIFP |
circuit-split criminal-procedure defendant-role fifth-circuit leader-organizer leadership-enhancement sentencing-guidelines united-states-sentencing-guidelines |
The Fifth Circuit's holding in finding that Mr. Smith was a leader or organizer under the United States Sentencing Guidelines evidences a circuit spli… |
| 20-8204 |
Severiano Martinez-Rojas v. United States |
Second Circuit |
2021-06-02 |
Denied |
Response WaivedIFP |
appellate-review appellate-waiver circuit-split criminal-procedure judicial-review plea-bargaining restitution restitution-calculation sentencing sentencing-procedure vulnerable-victim-enhancement |
I. Whether the Second Circuit failed to follow Supreme Court precedent in Rosales-Mireles v. United States, 138 S. Ct. 1897, 1900 (2018) when it enfor… |
| 20-8206 |
Prentiss Morris v. Oklahoma |
Oklahoma |
2021-06-02 |
Denied |
IFP |
8th-amendment administrative-law civil-rights constitutional-law criminal-procedure due-process evidence judicial-review legal-procedure mental-health sentencing statutory-interpretation |
Can Convicted of alleged Crime be petiticrer mentianed) from retarded (persan) mental a testmany Cbsence of a alane, in the ealuation Detenmine, If al… |
| 20-8207 |
Bernier Gerard Jackson v. Florida |
Florida |
2021-06-02 |
Denied |
IFP |
best-interest constitutional-rights criminal-defense criminal-procedure effective-assistance-of-counsel plea-bargaining plea-offer professional-responsibility right-to-counsel sixth-amendment |
Whether the Sixth Amendment right to the effective assistance of counsel requires counsel to advise his client to accept a plea offer which is clearly… |
| 20-1671 |
Chi Ping Patrick Ho v. United States |
Second Circuit |
2021-06-02 |
Denied |
Response Waived |
criminal-procedure federal-courts foreign-corrupt-practices-act indictment money-laundering prosecution-exemption reference-canon statutory-interpretation |
1. Whether a federal court may decline to apply the reference canon, recently reaffirmed by this Court in Jam v. Int Fin. Corp., --- U.S. ---, 139 S. … |
| 20-1677 |
Angel Lee Rankin v. Texas |
Texas |
2021-06-02 |
Denied |
|
5th-amendment appellate-review criminal-procedure custody custody-determination due-process evidence-suppression miranda-warnings motion-to-suppress sudden-passion |
Whether the Court of Appeals Erred in Affirming the Trial Court's Denial of Ms. Rankin's Motion to Suppress Because She was in Law Enforcement's Custo… |
| 20-8181 |
Linwood Earl Stephens v. United States |
Fourth Circuit |
2021-06-01 |
Denied |
Response WaivedIFP |
appeals appellate-jurisdiction clearly-erroneous-fact criminal-procedure due-process fact-finding fourth-circuit judicial-review jurisdiction sentencing-guidelines standard-of-review |
Whether the Fourth Circuit Court of Appeals below erred in holding it did not have jurisdiction to review a decision to deny a departure under the Uni… |
| 20-8160 |
Tamaran Edward Bontemps v. United States |
Ninth Circuit |
2021-05-28 |
Denied |
Response WaivedIFP |
4th-amendment civil-rights criminal-procedure due-process fourth-amendment law-enforcement police-stop reasonable-suspicion search-and-seizure terry-stop terry-v-ohio |
Does a sweatshirt bulge alone give an objectively reasonable and particularized suspicion to stop Bontemps? |
| 20-8161 |
Lisa Marie Belyew v. Mike Pallares, Warden |
Ninth Circuit |
2021-05-28 |
Denied |
IFP |
appellate-procedure bail constitutional-law criminal-procedure criminal-statute due-process evidence-standard federal-law judicial-review jurisdiction legal-procedure statutory-interpretation |
peleai^ on OkM
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U5C §a^b6io)j (tiod UOkfiAkrfwr V(L CaofK
Of red \vi d&yu^i HIajl moIIq^v |
| 20-8172 |
Jorge Antonio Perez, aka Steven Mark Hamm v. Gavin Newsom, et al. |
Ninth Circuit |
2021-05-28 |
Denied |
IFP |
civil-rights constitutional-due-process constitutional-law criminal-procedure due-process federal-court federal-sentencing free-speech judicial-interpretation prior-conviction-doctrine standing state-secrets-doctrine |
Is the Circuit Court wrong in applying the "State Decisis Doctrine" and also is the Circuit Court wrong by stating in writing that the murders of litt… |
| 20-1660 |
In Re Garvester Bracken |
|
2021-05-28 |
Denied |
|
article-iii criminal-procedure criminal-proceedings due-process habeas-corpus judicial-procedure jurisdiction probable-cause right-to-be-present right-to-counsel trial-jurisdiction |
DID THE TRIAL COURT HAVE JURISDICTION TO PROCEED AND ENTER JUDGMENT AS A MATTER OF LAW?
WHETHER THE TRIAL COURT HAD POSSESSED JURIDICTION IN ABSENCE … |
| 20-1663 |
Matthew D. Norwood v. United States |
Armed Forces |
2021-05-28 |
Denied |
Response Waived |
criminal-procedure evidence evidence-rule forensic-interview hearsay hearsay-exception jury-deliberation prior-consistent-statement repetition trial-procedure truth-effect witness-testimony |
Whether admission of a recorded hearsay statement as a physical exhibit, permitted to be reviewed during deliberations, is a fair application of the e… |
| 20-1656 |
Carmen Johnson v. United States |
Fourth Circuit |
2021-05-27 |
Denied |
Response Waived |
asset-forfeiture civil-rights coram-nobis criminal-procedure due-process ineffective-assistance restitution supervised-release |
May an individual challenge non-custodial aspects of a criminal judgment through a petition for writ of error coram nobis? |
| 20-8152 |
Miguel Martinez-Figueroa v. United States |
Fifth Circuit |
2021-05-27 |
Denied |
Response WaivedIFP |
criminal-procedure due-process indictment jury-trial prior-conviction sentencing |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 20-8168 |
Ross Colby v. United States |
Ninth Circuit |
2021-05-27 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fair-trial juror-sympathy jury-bias jury-instructions prosecutorial-misconduct sixth-amendment |
Whether the statements of a prosecutor invoking juror sympathy and telling the jury that it has a duty to convict violate the defendant's Sixth Amendm… |
| 20-8171 |
Terry L. Ogle v. Mike Parris, Warden |
Sixth Circuit |
2021-05-27 |
Denied |
Response WaivedIFP |
arrest-warrant civil-rights constitutional-rights criminal-procedure cruel-and-unusual-punishment due-process equitable-tolling habeas-corpus plea-bargaining statute-of-limitations |
1. Whether fraud, false and misleading statements in arrest & extradition warrant affidavit - irrespective of the subsequent indictment in this case -… |
| 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… |
| 20-8149 |
Quinn Palacios Cruz, Jr. v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-05-26 |
Denied |
IFP |
conflict-of-interest criminal-procedure cuyler-test habeas-corpus individual-representation ineffective-assistance methodology-of-review multiple-representation supreme-court-review trial-counsel |
I.
Whether the Cuyler test for ineffective assistance of counsel due to conflict of interest applies to individual cases of representation and not onl… |
| 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 |
1. What degree of formality is necessary before hearsay statements contained within a forensic testing report which connect an accused to the testing … |
| 20-1644 |
Devon Archer v. United States |
Second Circuit |
2021-05-26 |
Denied |
Amici (1) |
appellate-review criminal-procedure evidence-weighing federal-rule-of-criminal-procedure jury-discretion jury-verdict miscarriage-of-justice new-trial new-trial-motion second-circuit |
Does Federal Rule of Criminal Procedure 33(a) afford district courts discretion to reweigh the evidence when evaluating a new trial motion, as eleven … |
| 20-1645 |
Don Wilburn Collins v. Texas |
Texas |
2021-05-26 |
Denied |
Response Waived |
capital-murder constitutional-rights criminal-procedure due-process ex-post-facto juvenile-jurisdiction juvenile-justice retroactive-application retroactive-jurisdiction |
Did the Texas appel late courts fail to realize that the retroactive expansion of juris diction over a previous ly exempt juvenile for capital murder … |
| 20-1646 |
Steven K. Stanley v. Angel Quiros, Commissioner, Connecticut Department of Correction |
Connecticut |
2021-05-26 |
Denied |
Response Waived |
4th-amendment criminal-procedure evidence fourth-amendment habeas-corpus phone-number-obfuscation privacy privacy-expectation res-judicata search-and-seizure |
1. Does the intentional use of the *67 feature to obfuscate one's phone number create a
justifiable, reasonable, or a legitimate expectation of privac… |
| 20-1650 |
Carlos Concepcion v. United States |
First Circuit |
2021-05-26 |
Judgment Issued |
Amici (10) |
circuit-split criminal-procedure criminal-resentencing factual-developments first-step-act legal-developments resentencing sentencing sentencing-reduction statutory-interpretation |
Whether, when deciding if it should "impose a reduced sentence" on an individual under Section 404(b) of the First Step Act of 2018, 21 U.S.C. § 841 n… |
| 20-8116 |
Carlos Bayon v. United States |
Second Circuit |
2021-05-25 |
Denied |
Response WaivedIFP |
circuit-split criminal-procedure evidence evidence-admissibility federal-rule-of-evidence-404(b) federal-rules-of-evidence judicial-discretion legal-interpretation rule-of-exclusion rule-of-inclusion |
Federal Rule of Evidence 404(b) permits the admission of evidence of any other crime, wrong or act to prove a criminal defendant's motive, opportunity… |
| 20-8119 |
Peter Anthony Ciraulo v. Oregon |
Oregon |
2021-05-25 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure harmless-error jury-trial nonunanimous-verdict sixth-amendment structural-error unanimous-verdict |
Whether a trial court commits structural error for purposes of the Sixth Amendment to the United States Constitution, when the trial court instructs a… |
| 20-8121 |
Andy Kejadi Onwuka v. California |
California |
2021-05-25 |
Denied |
Response WaivedIFP |
criminal-procedure double-jeopardy due-process probation self-incrimination sentencing |
I. Whether the Trial Court Violated petitioner's 5th & Fourteenth Amendment Maximum Sentence Exposure while presenting and basing he him lenient Guilt… |
| 20-8122 |
Andi Mustafa v. Michigan |
Michigan |
2021-05-25 |
Denied |
IFP |
criminal-procedure due-process factual-basis ineffective-assistance ineffective-assistance-of-counsel no-contest-plea plea-bargaining plea-colloquy plea-withdrawal search-and-seizure search-warrant |
Is Plaintiff entitled to withdraw his no contest plea when he was not interrogated by the judge to determine the factual basis for his plea and the Ju… |
| 20-8124 |
Lance Mitchell Owens v. Dexter Payne, Director, Arkansas Department of Correction |
Arkansas |
2021-05-25 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure due-process equal-protection fourteenth-amendment plea-agreement plea-agreements sentencing sentencing-procedure statutory-interpretation |
1. Are courts violating the Equal Protection Clause of the Fourteenth Amendment of the United States Constitution by excluding defendants who enter pl… |
| 20-8126 |
Charles Wesley Kincheloe v. Oregon |
Oregon |
2021-05-25 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure due-process jury-trial nonunanimous-verdict sixth-amendment structural-error unanimous-verdict |
Does a trial court commit structural error for purposes of the Sixth Amendment to the United States Constitution, when the trial court instructs a jur… |
| 20-8128 |
Teddy Ogle v. Mike Parris, Warden |
Sixth Circuit |
2021-05-25 |
Denied |
Response WaivedIFP |
arrest-warrant civil-rights constitutional-rights criminal-procedure cruel-and-unusual-punishment due-process equitable-tolling habeas-corpus plea-bargaining statute-of-limitations |
1. Whether fraud, false and misleading statements in arrest & extradition warrant affidavit - irrespective of the subsequent indictment in this case -… |
| 20-8132 |
George Verkler v. United States |
Ninth Circuit |
2021-05-25 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process plea-agreement plea-bargaining presumption-of-innocence right-to-appeal right-to-counsel |
Does the presumption of innocence and due process mean that if a judge will not read everything Mr. Verkler, the Defendant in a criminal case submits … |
| 20-8134 |
Erik Jimenez v. Texas |
Texas |
2021-05-25 |
Denied |
Relisted (2)IFP |
404(b)-exception abuse-of-discretion criminal-procedure evidence-admissibility evidentiary-ruling later-date texas-rule-of-evidence-404(b) texas-rules-of-evidence trial-court trial-procedure |
1) Whether the trial court admissability of evidence of a later date and not for what defendant was on trial was an abuse of discretion under Texas ru… |
| 20-8135 |
Gregg McNamara v. Rob Bonta, Attorney General of California |
Ninth Circuit |
2021-05-25 |
Dismissed |
Response WaivedIFP |
coerced-confession constitutional-rights criminal-conviction criminal-procedure due-process guilty-plea habeas-corpus mental-competency mental-impairment sixth-amendment |
1) Under the Sixth Amendment right to know the nature and the cause of the action against a
person, can a person convicted while suffering from sever… |
| 20-8109 |
Walter Crayton v. Massachusetts |
Massachusetts |
2021-05-24 |
Denied |
Response WaivedRelisted (2)IFP |
4th-amendment assigned-counsel child-pornography civil-rights criminal-appeals criminal-procedure due-process free-speech legal-representation post-conviction search-and-seizure trial-court |
Question not identified. |
| 20-8110 |
Lawrence Edward Jackson, Jr. v. Maryland |
Maryland |
2021-05-24 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process equal-protection excessive-fines fourth-amendment probable-cause search-and-seizure takings wrongful-conviction |
Prosecution at the time of trial of a criminal defendant has a constitutional trial under the Fifth and Fourteenth Amendment by overseeing mandatory f… |
| 20-8097 |
Brandon Marquis Jennings, aka Mustafa Beezy Bey v. United States |
Fourth Circuit |
2021-05-21 |
Denied |
Response WaivedIFP |
appellate-review civil-rights constitutional-provisions constitutional-rights criminal-procedure due-process fundamental-fairness ineffective-assistance ineffective-assistance-of-counsel jurisdiction professional-misconduct |
Question not identified. |
| 20-8102 |
Adam Rosen v. Bernadette Mason, Superintendent, State Correctional Institution at Mahanoy, et al. |
Third Circuit |
2021-05-21 |
Denied |
IFP |
civil-rights constitutional-law constitutional-violations criminal-procedure due-process federal-habeas ineffective-assistance post-conviction-relief precedent self-incrimination state-court-review |
Question not identified. |
| 20-8106 |
Roy Taylor v. Cynthia Brann, Commissioner, New York Department of Corrections |
New York |
2021-05-21 |
Denied |
IFP |
bail-modification bail-reform constitutional-procedure court-discretion criminal-procedure discretion due-process excessive-bail misdemeanor misdemeanor-charges |
WHETHER NEW YORK STATE COURTS "ERRORED" NOT ADDRESSING THE MERITS OF:
1. WHETHER THE NEW YORK COUNTY SUPREME COURT ERRED EXONERATING BAIL ($125,000) … |
| 20-8108 |
Roy Lee Dykes v. United States |
Fourth Circuit |
2021-05-21 |
Denied |
Response WaivedIFP |
appeal appellate-procedure bail bond bond-motion criminal-procedure due-process fourth-circuit habeas-corpus judicial-review legal-standard motion-denial |
I. Whether the Fourth Circuit erred by failing to find that
the District Court erred in denying Mr. Dykes' Motion for Release
on Bond pending appeal? |
| 20-8080 |
Jason C. Johnson v. Illinois |
Illinois |
2021-05-20 |
Denied |
Response WaivedIFP |
appeals criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel standing |
Should Jason C. Johnson be held as Culpably negligent in the untimely Filing of his Petition For Dae to Appeal in the Illinois Supreme Court, given th… |
| 20-8081 |
Melvin Roshard Alfred v. United States |
Tenth Circuit |
2021-05-20 |
Denied |
Response WaivedIFP |
criminal-procedure evidence evidence-admissibility federal-rules-of-evidence intrinsic-evidence misconduct-evidence rule-404(b) rule-404b social-media uncharged-misconduct |
Whether uncharged misconduct evidence that does not directly prove the charged crime may be deemed "intrinsic evidence" and admitted without the admis… |
| 20-8087 |
William Edward Erickson v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-05-20 |
Denied |
Response WaivedIFP |
appellate-review coercion conditional-plea constitutional-claims criminal-procedure evidence extraneous-statements ineffective-assistance-of-counsel ineffective-counsel involuntary-plea pretrial-motions sixth-amendment |
A) Is petitioner entitled to a constitutional review and his court on his presented claims at the appeal level regarding his Effective Assistance of C… |
| 20-8091 |
Steven Zapata v. Kentucky |
Kentucky |
2021-05-20 |
Denied |
Response WaivedIFP |
competency constructive-denial-of-counsel criminal-procedure cronic-standard cronic-v-united-states guilty-plea ineffective-assistance ineffective-assistance-of-counsel plea-colloquy strickland-standard strickland-v-washington |
I. Does the constructive denial of counsel standard under Cronic v. United States or the ineffective assistance of counsel standard under Strickland v… |
| 20-8060 |
Julia Ann Poff v. United States |
Fifth Circuit |
2021-05-19 |
Denied |
Response WaivedRelisted (2)IFP |
28-usc-2254 appellate-review civil-rights constitutional-rights criminal-procedure due-process exhaustion-of-remedies habeas-corpus standing trial-errors |
A. Did the inattention and errors on the court violate Art. 1, Section 9, also known as the "Suspension Clause," of the United States Constitution?
B… |
| 20-8071 |
Delson Marc v. United States |
Eleventh Circuit |
2021-05-19 |
Denied |
IFP |
circuit-split criminal-law criminal-procedure due-process felon-in-possession firearms mens-rea rehaif-standard statutory-interpretation |
In Rehaif v. United States, 139 S.Ct. 2191, 2194 (2019), this Court held that 18 U.S.C. Sections 922(g) and 924(a)(2) require that the government prov… |
| 20-8075 |
Damantae Graham v. Ohio |
Ohio |
2021-05-19 |
Denied |
IFP |
appellate-review capital-punishment capital-sentencing constitutional-error constitutional-law criminal-procedure harmless-error trial-procedure victim-impact victim-impact-testimony |
This Court ruled that, before a federal constitutional error can be deemed harmless, the prosecution must establish by proof beyond a reasonable doubt… |
| 20-8076 |
Tyrone Price v. United States |
Sixth Circuit |
2021-05-19 |
Denied |
Response WaivedIFP |
civil-rights community-impact criminal-procedure due-process public-safety sentencing |
Ded Ha dati wach ond appeals Court abuse (ts diseredven |
iM velyrity on Vefertant's Stule puventlhe wruretidas when sf |
boncluded! that Beterwlint… |
| 20-1614 |
John D. Leontaritis v. United States |
Fifth Circuit |
2021-05-19 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
circuit-split criminal-law criminal-procedure due-process fact-determination jury-finding jury-instructions reasonable-doubt sentencing sentencing-discretion standard-of-proof |
This criminal case's questions concern the impact of jury findings on sentencing. Both recur frequently, especially in cases about drugs. Both are the… |
| 20-1608 |
North Carolina v. Norfolk Junior Best |
North Carolina |
2021-05-18 |
Denied |
|
alternate-suspects appellate-review bloody-fingerprint brady-v-maryland brady-violation criminal-procedure due-process materiality materiality-analysis post-conviction post-conviction-review |
Does an appellate court violate the core princ ipals of Brady in post -conviction review where in its materiality analysis it disregards both evidence… |
| 20-8051 |
Lucas Kenneth Sabatino v. United States |
Fourth Circuit |
2021-05-18 |
Denied |
Response WaivedIFP |
criminal-defense criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mental-capacity prejudicial-error sixth-amendment trial-strategy |
Whether defense counsel committed prejudicial ineffective assistance of counsel by failing to raise issues relating to defendant's mental capacity at … |
| 20-8062 |
Erold Martin Panopio v. United States |
Eleventh Circuit |
2021-05-18 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-justice criminal-procedure cruel-and-unusual-punishment eighth-amendment juvenile-sentencing sentencing sentencing-reform supervised-release youthful-offender youthful-offenders |
I. WHETHER A NEAR TWENTY YEAR PRISON SENTENCE FOLLOWED BY A FIFTEEN YEAR TERM OF SUPERVISED RELEASE FOR A YOUTHFUL OFFENDER SUCH AS PANOPIO VIOLATES T… |
| 20-8065 |
Arthur Greaves v. United States |
Third Circuit |
2021-05-18 |
Denied |
Response WaivedIFP |
4th-amendment 5th-amendment criminal-procedure due-process fourth-amendment miranda-doctrine miranda-warning new-york-v-quarles private-property public-safety-exception search-and-seizure |
Does the public safety exception to the Miranda doctrine as set forth in New York v. Quarles, apply to private property, simply based on allegations t… |
| 20-8036 |
Antonio Kevin McKoy v. United States |
Fourth Circuit |
2021-05-17 |
Denied |
Response WaivedIFP |
continuing-criminal-enterprise criminal-procedure drug-penalties fourth-circuit-review jury-instructions plain-error sentencing-enhancements special-verdict |
WHETHER THE JURY SHOULD BE REQUIRED TO RETURN A SPECIAL
VERDICT FORM ADDRESSING ALL ESSENTIAL ELEMENTS OF
CONTINUING CRIMINAL ENTERPRISE (CCE), IN THA… |
| 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 |
1. Does a curative instruction remedy a Confrontation Clause violation where the evidence used to convict is scant and the codefendant's alleged confe… |
| 20-1595 |
Naum Morgovsky and Irina Morgovsky v. United States |
Ninth Circuit |
2021-05-17 |
Denied |
|
appellate-waiver arms-export-control-act class-v-united-states constitutional-challenge criminal-procedure criminal-statute executive-authority intelligible-principle rule-12(b)(3) separation-of-powers |
1. Whether the Executive had the authority to issue the regulations under which the Morgovskys were convicted; if so, whether those regulations and th… |
| 20-1581 |
Malia Arciero v. United States |
Ninth Circuit |
2021-05-14 |
Denied |
Response Waived |
criminal-procedure habeas-corpus ineffective-assistance ineffective-assistance-of-counsel lafler-v-cooper plea-bargaining sentencing-enhancement sixth-amendment |
Whether this Court holding in Lafler v. Cooper, 566 U.S. 156 (2012), is still good law, and if so, whether Arciero is entitled to relief due to defens… |
| 20-1586 |
Artavis Desmond McGowan v. United States |
Eleventh Circuit |
2021-05-14 |
Denied |
Response Waived |
conspiracy constructive-amendment criminal-procedure drug-conviction evidence first-step-act mandatory-minimum sentencing sentencing-relief wiretap wiretap-evidence |
I. WHETHER THE DISTRICT COURT ERR IN DENYING McGOWAN'S MOTION FOR NEW TRIAL BASED ON CONSTRUCTIVE AMENDMENT OF THE INDICTMENT WHEN IT ALLOWED THE GOVE… |
| 20-8027 |
Anthony G. Bryant v. Executive Office for United States Attorneys |
Fourth Circuit |
2021-05-14 |
Denied |
Response WaivedIFP |
civil-rights constitutional-law criminal-procedure fourth-amendment search-and-seizure standing |
Did the Executive Office for United States Attorneys violate petitioners' constitutional rights involved under First, Fourth, Eighth, and Fourteenth A… |
| 20-8030 |
Reginald Tremaine Wilson v. North Carolina |
North Carolina |
2021-05-14 |
Denied |
IFP |
civil-asset-forfeiture civil-rights constitutional-challenge criminal-procedure due-process evidence fourth-amendment property-rights seizure sentencing standing |
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cmJ cUV^TOV/U CoC-^ •C \J&% i v<eyvess <3^y\
Cx/\
ofifar 4o 4^ -&l<zJ■Ad°V'vc1 U<^3■0 i-s \-\- … |
| 20-8031 |
Major Hudson, III v. Rick Whitten, Warden |
Tenth Circuit |
2021-05-14 |
Denied |
Relisted (2)IFP |
actual-innocence criminal-procedure due-process ineffective-assistance-of-counsel lesser-included-offense procedural-default rule-60 |
1. WHETHER REASONABLE JURIST COULD FIND IT DEBATABLE THAT THERES AN EXTAORDINARY DIFFERENCE BETWEEN A MISDEMEANOR VS. A FELONY, AND WHETHER A PERSON W… |
| 20-8033 |
Ivan Ignacio Minjarez-Molina v. United States |
Fifth Circuit |
2021-05-14 |
Denied |
Response WaivedIFP |
case-review constitutional-law criminal-procedure due-process fifth-circuit judicial-precedent precedent sentencing statutory-interpretation supreme-court supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 20-8013 |
Jesus Manuel Anchondo-Quezada v. United States |
Fifth Circuit |
2021-05-13 |
Denied |
Response WaivedIFP |
criminal-procedure due-process indictment jury-trial prior-convictions sentencing |
I. Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and ei… |
| 20-8016 |
Rico Blackwell v. United States |
Eleventh Circuit |
2021-05-13 |
Denied |
IFP |
actual-innocence collateral-attack-waiver criminal-procedure davis-challenge federal-sentencing habeas-corpus plea-bargaining procedural-default residual-clause section-924c statutory-interpretation statutory-maximum |
Mr. Blackwell is serving a long federal prison sentence for the paired crimes of conspiracy to commit bank robbery and use of a firearm during and rel… |
| 20-8021 |
Jason Scott Pedro v. United States |
Tenth Circuit |
2021-05-13 |
Denied |
Response WaivedIFP |
circuit-split criminal-procedure federal-sentencing guidelines harmless-error procedural-error sentencing sentencing-guidelines standard-of-review statutory-maximum |
Can a significant procedural error be deemed harmless when the sentencing judge uses the statutory maximum as the baseline for imposition of sentence? |
| 20-7980 |
Takiese Naceer Bethea v. West Virginia |
West Virginia |
2021-05-13 |
Denied |
Response WaivedIFP |
co-defendants criminal-procedure equal-protection fourteenth-amendment judicial-fairness prosecutorial-discretion racial-discrimination sentencing |
Does it violate the equal protection clause of the Fourteenth Amendment when the African-American co-defendants in a case receive vastly less favorabl… |
| 20-7994 |
In Re Lee Robert Scott |
|
2021-05-12 |
Denied |
Response WaivedIFP |
agency-authorization civil-rights constitutional-interpretation criminal-procedure due-process federal-jurisdiction government-misconduct judicial-misconduct legal-immunity procedural-protection standing state-prosecution |
Question not identified. |
| 20-8000 |
Natalie Marie Keepers v. Virginia |
Virginia |
2021-05-12 |
Denied |
IFP |
criminal-procedure due-process fair-trial impartial-jury interrogation-tactics jury-selection miranda-warnings peremptory-challenges sixth-amendment |
1. Whether a trial court's refusal to remove a potential juror who admits she cannot be certain she can be fair violates the Sixth Amendment guarantee… |
| 20-8007 |
Alfred E. Caraffa v. Arizona, et al. |
Ninth Circuit |
2021-05-12 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure due-process government-overreach habeas-corpus standing |
the privilege of AN writof Habeas Corpus Shall Not bE Suspended.
the right to the gOVerNMENN NO4120 f0ssu3 y GRIEVENCES the united states No CitizeN … |
| 20-1568 |
Teresa Miller v. United States |
Fourth Circuit |
2021-05-12 |
Denied |
Response Waived |
appellate-review constitutional-rights criminal-procedure death-penalty death-sentence due-process judicial-procedure judicial-review |
Why did the court feel it necessary to order the defendant with a death sentence, so that they would not have their conduct or actions reviewed; why n… |
| 20-1571 |
Andrew Raymond and Brian Requena v. United States |
Second Circuit |
2021-05-12 |
Denied |
Response Waived |
analogue-act analogue-enforcement-act controlled-substances criminal-procedure due-process jury-unanimity sixth-amendment vagueness-doctrine |
1. Whether the Controlled Substances Analogue Enforcement Act of 1986 is void for vagueness.
2. Whether the Controlled Substances Analogue Enforcemen… |
| 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 |
1. Should defendants in criminal cases be permitted to confront witnesses against them at sentencing when their uncorroborated hearsay statements are … |
| 20-7986 |
Kevin Dunbar v. Arizona |
Arizona |
2021-05-11 |
Denied |
IFP |
attempted-first-degree-murder consecutive-sentences constitutional-rights criminal-procedure double-jeopardy due-process evidence-weighing kidnapping self-representation supreme-court-precedent |
Was the petitioner's aggravated sentences was in violation of due process and conflicts with the United states Supreme Court holdings in Apprendi V. N… |
| 20-7991 |
Bulmaro Contreras-Figueroa, aka Israel Contreras v. United States |
Ninth Circuit |
2021-05-11 |
Denied |
Response WaivedIFP |
5th-amendment conspiracy controlled-substances criminal-procedure due-process fifth-amendment grand-jury sentencing statutory-interpretation |
Is the Fifth Amendment right to a grand jury violated when a defendant enters a guilty plea to an indictment that alleges a conspiracy to commit an of… |
| 20-7992 |
Noah Drake Primeaux v. Louisiana |
Louisiana |
2021-05-11 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fair-trial fourteenth-amendment jury-instructions non-unanimous-jury prosecutorial-misconduct ramos-v-louisiana sixth-amendment |
1. Reasonable jurists would determine that the holding in Ramos v. Louisiana would apply to persons on Direct Appeal concerning the non-unanlmous jury… |
| 20-7967 |
Nikolay Vladimirov Sloboda v. Mike Obenland, Superintendent, Monroe Correctional Complex |
Ninth Circuit |
2021-05-11 |
Denied |
IFP |
appeals constitutional-provisions criminal-procedure due-process evidence jurisdiction racial-bias sentencing statutory-provisions writ |
Question not identified. |
| 20-7971 |
Derek A. Rivera v. Connie Horton, Warden |
Sixth Circuit |
2021-05-11 |
Denied |
Response WaivedIFP |
criminal-procedure directed-verdict due-process expert-testimony fair-trial fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel jury-instructions murder-conviction sufficiency-of-evidence |
RIVERA WAS DENIED A FAIR TRIAL BY OTHER-ACTS EVIDENCE THAT HAD NO PROPER PURPOSE AND THUS ENCOURAGED THE JURY TO CONVICT HIM ON AN IMPROPER CHARACTER-… |
| 20-7983 |
Thomas Lam v. Robert C. Tanner, Warden |
Fifth Circuit |
2021-05-11 |
Denied |
IFP |
certificate-of-appealability constitutional-plea criminal-procedure due-process fifth-circuit habeas-corpus henderson-v-morgan judicial-error jury-instructions plea-bargaining standard-of-review voir-dire |
The trial judge relied on a discussion with the jury, during voir dire as satisfaction to a constitutional guilty plea that he informed Petitioner of … |
| 20-7963 |
Lugene L. Scott v. Neil Turner, Warden |
Sixth Circuit |
2021-05-10 |
Denied |
IFP |
criminal-conviction criminal-procedure double-jeopardy due-process felonious-assault fifth-amendment manslaughter sentencing time-served |
Is the Double Jeopardy Clause of the Fifth Amendment to the United States Constitution violated when a defendant is denied credit for time served when… |
| 20-7965 |
Jeffrey Ray Sundwall v. Florida |
Florida |
2021-05-10 |
Denied |
IFP |
appeals civil-rights constitutional-law constitutional-rights criminal-procedure due-process ineffective-assistance plea-bargaining plea-negotiations post-conviction-relief |
Question not identified. |
| 20-7977 |
Bobby Carl Terrick v. Darrel Vannoy, Warden |
Fifth Circuit |
2021-05-10 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process ex-post-facto sentence-enhancement sentencing |
CAN PLEADINGS FROM UNDISTURBED CONVICTION BE CHALLENGED POST ID TIME WITH "NEW JUDGMENT"?
CAN A TRIBUNAL DECISION MAKING TO RETROACTIVELY APPLY A STA… |
| 20-1556 |
Dawn Herndon v. Judy R. Upton, Warden |
Fifth Circuit |
2021-05-10 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
criminal-procedure equitable-considerations habeas-corpus mootness prison-release sentencing supervised-release |
A defendant in a federal criminal case receives a paradigmatic sentence -- a term of imprisonment, to be followed by a term of supervised release. Whi… |
| 20-7956 |
Bryan Montalvo v. United States |
Fifth Circuit |
2021-05-07 |
Denied |
Response WaivedIFP |
advisory-guidelines appellate-jurisdiction criminal-procedure downward-departure federal-courts judicial-discretion motion-for-departure sentencing sentencing-review statutory-interpretation |
I. Whether a circuit court of appeals has jurisdiction to review the denial of a motion for downward departure? |
| 20-7959 |
Thomas J. Connerton v. United States |
Second Circuit |
2021-05-07 |
Denied |
Response WaivedIFP |
criminal-procedure due-process judicial-inquiry juror-discharge jury jury-selection reasonable-doubt sixth-amendment |
1. Should certiorari be granted where the District Court discharged a juror, without "good cause" under rule 23(b)(3) of the Federal Rules of Criminal… |
| 20-7961 |
Antonio Olmeda v. United States |
Second Circuit |
2021-05-07 |
Denied |
Response WaivedIFP |
consecutive-sentences consecutive-sentencing criminal-procedure double-jeopardy due-process firearm-possession jury-determination jury-trial multiplicitous-conviction sentencing-enhancement sentencing-guidelines statutory-interpretation |
Whether a Judgment and Conviction oh two counts,
§ 2K2.1.(a)., for unlawful "receipt", of a firearm and "Possession"
of that firearm is multiplicitou… |
| 20-7945 |
Troy Arnaud v. Darrel Vannoy, Warden |
Louisiana |
2021-05-06 |
Denied |
Response WaivedIFP |
criminal-procedure fourteenth-amendment non-unanimous-jury ramos-retroactivity ramos-v-louisiana retroactivity sixth-amendment teague-framework teague-v-lane watershed-rule |
1. Whether this Court's decision in Ramos v. Louisiana, 140 S.Ct. 1390 (2020), applies to cases on State collateral review, where the State follows th… |
| 20-7946 |
Lisa Biron v. United States |
First Circuit |
2021-05-06 |
Denied |
Response WaivedIFP |
appeals appellate-review civil-procedure criminal-procedure equitable-exceptions federal-appellate-jurisdiction habeas-corpus post-conviction-proceeding statutory-interpretation time-bar time-limits |
The First Circuit held that Fed. R. App P. 4la) is jurisdictronal under Bowles v.Russell, 551 4.s. 205, 214(2007),
and dismissed Ms. Birons 2255-proce… |
| 20-7934 |
John Patrick Couch v. United States |
Eleventh Circuit |
2021-05-05 |
GVR |
Relisted (6)IFP |
affirmative-defense controlled-substances criminal-procedure jury-instructions medical-practice standard-of-care |
Did the trial court error by conflating the Valid defense of a crime as an element of that crime in its instruction to the jury regarding a physician … |
| 20-7936 |
Jose Oribel Ponce-Ulloa v. United States |
Ninth Circuit |
2021-05-05 |
Denied |
Response WaivedIFP |
appellate-review circuit-split criminal-procedure drug-offense federal-courts federal-sentencing sentencing sentencing-guidelines temporal-connection ussg-2d1.1 weapon-possession |
The question presented which has divided federal courts of appeal is whether a sentencing court can add two offense levels for possession of a weapon … |
| 20-7941 |
Kiandrick Onick v. United States |
Fifth Circuit |
2021-05-05 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure due-process parole sentencing sixth-amendment |
Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments? |
| 20-1543 |
Adam P. McNiece v. Town of Yankeetown, Florida, et al. |
Eleventh Circuit |
2021-05-05 |
Denied |
Response Waived |
bill-of-attainder constitutional-rights criminal-procedure due-process fair-trial first-amendment municipal-law notice redress-of-grievances self-representation statutory-reference |
1. Can a violation of law or code be charged and
tried without any statutory reference of code
chapter and section indicated?
2. Will a trial be fa… |
| 20-7912 |
Jorge Gomez-Gomez v. United States |
Ninth Circuit |
2021-05-04 |
Denied |
Response WaivedIFP |
appellate-review criminal-law criminal-procedure due-process judicial-discretion sentencing sentencing-guidelines substantive-reasonableness |
Whether the court of appeals erred by concluding that Petitioner's 99-month sentence was substantively reasonable. |
| 20-7926 |
Sadat El-Amin v. Louisiana |
Louisiana |
2021-05-04 |
Denied |
Response WaivedIFP |
collateral-review criminal-procedure Fourteenth-Amendment non-unanimous-jury ramos-retroactivity Ramos-v-Louisiana retroactivity Sixth-Amendment teague-framework Teague-v-Lane |
1. Whether this Court's decision in Ramos v. Louisiana, 140 S.Ct. 1390 (2020), applies to cases on State collateral review, where the State follows th… |
| 20-7915 |
Larry Marcel Vaughn v. Texas |
Texas |
2021-05-03 |
Denied |
IFP |
criminal-procedure due-process habeas-corpus ineffective-counsel right-to-appeal sixth-amendment |
WHETHER THE FAILURE OF APPOINTED COUNSEL TO ADVISE PETITIONER OF HIS RIGHT TO APPEAL AND/OR THE ASSESSED PUNISHMENT IN THIS CASE DENIED PETITIONER HIS… |
| 20-1528 |
Lawrence Doby Wilson, aka Amin A. Rashid v. United States |
Ninth Circuit |
2021-05-03 |
Denied |
Response Waived |
actual-innocence appeals coram-nobis criminal-procedure due-process equitable-tolling fifth-amendment |
1. Whether The Court Of Appeals In A Coram Nobis Proceeding Denies A Criminal Defendant Due Process Under The Fifth Amendment To The United States Con… |
| 20-1522 |
United States v. Malik Nasir |
Third Circuit |
2021-04-30 |
GVR |
Response RequestedRelisted (2) |
appellate-review circuit-precedent criminal-law criminal-procedure due-process felon-in-possession firearm-possession plain-error-review statutory-interpretation |
Whether a court of appeals may, on plain-error review, affirm a conviction following a trial for possessing a firearm as a felon, in violation of 18 U… |
| 20-7899 |
Christopher Middleton v. Georgia |
Georgia |
2021-04-30 |
Denied |
Response WaivedIFP |
criminal-procedure due-process essential-elements harmless-error indictment-sufficiency jury-disbelief self-defense standard-of-review sufficiency-of-evidence |
Whether a finding of guilt can be predicated on the jury's disbelief of a defendant's statements where the defendant does not testify and the State fa… |
| 20-7900 |
Monique A. Lozoya v. United States |
Ninth Circuit |
2021-04-30 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
aircraft-crime airspace aviation constitutional-interpretation constitutional-law criminal-jurisdiction criminal-procedure federal-jurisdiction federal-prosecution trial-procedure venue venue-statute |
1. Is the airspace above a State part of that State, and thus the federal district or
districts including that State, for purposes of the Constitution… |
| 20-7901 |
Chalin Merrihew v. Florida |
Florida |
2021-04-30 |
Denied |
Response WaivedIFP |
constitutional-violation criminal-procedure due-process fair-trial ineffective-assistance ineffective-assistance-of-counsel judicial-review plea-bargaining post-conviction-relief sentencing statutory-interpretation |
"fiuip cOV'£- vv \a&* €^eryBvv^
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akes 4WW Av ,-eUW A® '^ v3 cWr^-fW kfs
\(A4k ' "
v— X ^7' y~cuc w\ S^zUACe^ 4® t>£> XuC)Aern'eA … |
| 20-7902 |
John Laponte v. California |
California |
2021-04-30 |
Denied |
IFP |
constitutional-rights contract-law criminal-procedure due-process excessive-punishment incarceration plea-agreement plea-bargaining punishment sentencing |
Is petitioner entitled to enforce the terms of his plea agreement; 1 .
Is indefinite incarceration constitutional; 2 .
What constitutes excessive pu… |
| 20-7903 |
Jerry W. Green, Jr. v. United States |
Eleventh Circuit |
2021-04-30 |
Denied |
Response WaivedIFP |
conspiracy-objective criminal-conviction criminal-procedure due-process evidence-sufficiency jury-finding jury-findings predicate-acts RICO-conspiracy |
Whether sufficient evidence exists to sustain a RICO conspiracy conviction when the Government charges specific predicate acts in the indictment, the … |
| 20-7882 |
Taurean Potter v. United States |
Third Circuit |
2021-04-29 |
Denied |
Response WaivedIFP |
appellate-review constitutional-rights criminal-procedure due-process evidence-tampering fair-trial false-testimony fourteenth-amendment government-misconduct prosecutorial-misconduct |
Whether the Government's use of and failure to correct the false and misleading testimony of one of their witnesses violated Petitioner's Constitution… |
| 20-7884 |
Roel Gilberto Melendez-Davila v. United States |
Fifth Circuit |
2021-04-29 |
Denied |
Response WaivedIFP |
Apprendi-v-New-Jersey case-review criminal-procedure due-process fifth-circuit judicial-precedent jury-trial legal-challenge recidivism sentencing supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 20-7886 |
Shirl A. Stephen v. United States |
District of Columbia |
2021-04-29 |
Denied |
Response WaivedIFP |
criminal-procedure due-process evidence fifth-amendment sentencing witness-impeachment |
D.C. Code § 14-305 establishes the method upon which a witness may be impeached by a criminal "conviction," which the District's case law defines as a… |
| 20-7893 |
Anthony Edward Bridget v. California |
California |
2021-04-29 |
Denied |
IFP |
criminal-procedure due-process exculpatory-evidence fair-trial ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct right-to-a-fair-trial right-to-counsel sixth-amendment trial-strategy |
D.N.A EVidENCE; is it fAiR
ANEWly DISCOVEREd
fOR thE diStRit AtHORNEY's D-N.A ExpERT
(WhO hAPPEN tO WORK fOR thE ORANgE CONTy CRIME LAb)
to conduct A … |
| 20-7894 |
Winston A. McKenzie v. Texas |
Texas |
2021-04-29 |
Denied |
IFP |
brady-violation civil-rights constitutional-violations criminal-procedure due-process evidence-tampering material-exculpatory-evidence post-conviction-relief prosecutorial-misconduct sentencing-proceeding standing |
Whether Petitioners Conviction is infirmed when evidence not legally sufficient to sustain a conviction violated his Fourteenth Amendment right to Due… |
| 20-7864 |
James E. Mason, Jr. v. Louisiana |
Louisiana |
2021-04-28 |
Denied |
Response WaivedIFP |
criminal-procedure fourteenth-amendment non-unanimous-jury ramos-retroactivity retroactivity sixth-amendment teague-framework teague-v-lane watershed-rule |
1. Whether this Court's decision in Ramos v. Louisiana, 140 S.Ct. 1390 (2020), applies to cases on state collateral review, where the state follows th… |
| 20-7870 |
Scott Raymond Tignor v. United States |
Tenth Circuit |
2021-04-28 |
Denied |
IFP |
appellate-review criminal-procedure due-process elements-of-offense guilty-plea plea-voluntariness rehaif-v-united-states standard-of-review united-states-v-gary |
When a defendant argues for the first time on appeal that his guilty plea was not knowing and voluntary because he was not informed of the elements of… |
| 20-7872 |
Jeremy Darnell Morton v. United States |
Sixth Circuit |
2021-04-28 |
Denied |
Response WaivedIFP |
4th-amendment appeal attempt-offense career-offender controlled-substance criminal-procedure guideline-range harmless-error search-and-seizure sentencing |
I. Did the court of appeals err in using the harmless error rule to resolve the illegal search
and seizure of $8,300?
II. Was the career offender gui… |
| 20-7873 |
Kenneth McBride v. Dushan Zatecky, Superintendent, Pendleton Correctional Facility |
Seventh Circuit |
2021-04-28 |
Denied |
Response WaivedIFP |
6th-amendment civil-rights constitutional-rights contract-duress criminal-procedure double-jeopardy due-process pro-se-representation right-to-counsel |
WHETHER A STATE CAN FORCE A U.S. CITIZEN TO FACE CRIMNINAL CHARGES, WITHOUT THE
ASSISTANCE OF COUNSEL AFTER THE U.S. CITIZEN KEPT TELLING STATE COURTS… |
| 20-7876 |
Darrell Tillery v. Darrel Vannoy, Warden |
Louisiana |
2021-04-28 |
Denied |
Response WaivedIFP |
collateral-review criminal-procedure fourteenth-amendment non-unanimous-jury Ramos-v-Louisiana retroactivity Sixth-Amendment Teague-v-Lane |
1. Whether this Court's decision in Ramos v. Louisiana, 140 S.Ct. 1390 (2020), applies to cases on State collateral review, where the State follows th… |
| 20-7879 |
Vincent Gino Chavez v. Brian Cates, Warden |
Ninth Circuit |
2021-04-28 |
Denied |
Response WaivedIFP |
capital-case capital-cases circuit-split criminal-procedure due-process jury-instructions lesser-included-offense lesser-included-offenses noncapital-cases |
In Beck v. Alabama, 477 U.S. 625, 638 (1980), this Court held that a criminal defendant is entitled to jury instructions on lesser included offenses i… |
| 20-7881 |
Steven Lynn Oppel v. Minnesota |
Minnesota |
2021-04-28 |
Denied |
IFP |
6th-amendment constitutional-rights criminal-procedure due-process evidentiary-hearing judicial-misconduct judicial-reputation wrongful-conviction |
Are Minnesota courts more interested in protecting a judge's reputation then the constitutional rights of the people?
Did the trial judge have the ri… |
| 20-1512 |
Gregory C. Dacanay v. Illinois |
Illinois |
2021-04-28 |
Denied |
Response Waived |
criminal-procedure fourteenth-amendment impartial-jury impartiality jury-selection law-enforcement sixth-amendment structural-error |
Whether law enforcement officers, despite their answers to voir dire questions, can be fair and impartial jury members in a criminal trial in order to… |
| 20-1514 |
Robert John Dodd v. Harold W. Clarke, Director, Virginia Department of Corrections |
Virginia |
2021-04-28 |
Denied |
|
child-sexual-abuse criminal-indictment criminal-procedure double-jeopardy due-process indictment ineffective-assistance ineffective-assistance-of-counsel legal-proceeding statute-of-limitations trial-counsel |
Dodd was indicted on nine counts for the sexual abuse of a child more than fifteen years ago. Each count of the indictment was an identical carbon cop… |
| 20-1498 |
Kory Alexander v. Alex Jones, Acting Warden |
Seventh Circuit |
2021-04-27 |
Denied |
Response Waived |
alleyne-precedent appellate-review criminal-elements criminal-procedure double-jeopardy due-process firearm-discharge first-degree-murder jury-instructions lesser-included-offense sentencing sentencing-factor |
Kory Alexander was charged by indictment with first degree murder with the specific allegation that he personally discharged a firearm during the comm… |
| 20-7853 |
Craig Allen Morgenstern v. United States |
Ninth Circuit |
2021-04-27 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process ex-post-facto fifth-amendment ineffective-assistance jury-instructions sixth-amendment statutory-elements statutory-interpretation supervised-release |
But for the errors of the trial court which allowed modified jury instructions that impermissibly deleted statutory elements, defendant would not have… |
| 20-7858 |
Michael Armendariz v. Leon Martinez, Warden, et al. |
Tenth Circuit |
2021-04-27 |
Denied |
Response WaivedIFP |
criminal-procedure due-process exculpatory-evidence ineffective-assistance-of-counsel post-conviction-relief right-to-a-fair-trial |
Does your State have AT Ze ypre Serve Trial Avidenca WA teh The alter Ze ly hows Sy tir work in asf ConrvieTian Afoeee ten s Sy witevce Lolly wh feet,… |
| 20-7861 |
Razhden Shulaya v. United States |
Second Circuit |
2021-04-27 |
Denied |
Response WaivedIFP |
allen-charge civil-rights criminal-procedure due-process judicial-discretion jury-coercion jury-deliberation jury-deliberations jury-instructions right-to-counsel sixth-amendment |
1. Should certiorari be granted to find that, when a jury bullies a
holdout juror, the District Court should issue an Allen charge, in which
it instru… |
| 20-7840 |
Thomas Robert Lane v. Alabama |
Alabama |
2021-04-26 |
Denied |
IFP |
capital-case constitutional-rights criminal-procedure due-process eighth-amendment expert-testimony fair-trial reliable-conviction reliable-sentence |
In a capital case, does the admission of expert testimony from a witness regarding a subject outside his area of expertise violate a defendant's Fifth… |
| 20-7843 |
Timothy Howard Johnson v. Renee Baker, Warden |
Nevada |
2021-04-26 |
Denied |
IFP |
criminal-procedure due-process evidence-exclusion retroactivity right-to-counsel right-to-defense right-to-jury-trial trial-court-discretion waiver witness-testimony |
Question not identified. |
| 20-7845 |
Oscar Minaya v. United States |
Second Circuit |
2021-04-26 |
Denied |
Response WaivedIFP |
924(c) actual-innocence court-of-appeals criminal-conviction criminal-procedure due-process evidence section-924c statutory-interpretation yates-precedent yates-v-united-states |
1. In considering error under Yates v. United States , 354 U.S. 298 (1957) should a court consider evidence of the defendant's actual innocence of the… |
| 20-7849 |
Ismael Lopez v. United States, et al. |
Second Circuit |
2021-04-26 |
Denied |
Response WaivedIFP |
8th-amendment accomplice-liability constitutional-review criminal-procedure due-process factor-based-analysis mandatory-sentencing mens-rea nexus proportionality-test sentencing |
Whether mandatory sentences, as a whole or in part, are constitutional and should be replaced with factor-based analysis under §3553, in conjunction w… |
| 20-7851 |
Luis Noel Cruz, aka Noel v. United States |
Second Circuit |
2021-04-26 |
Denied |
Response WaivedIFP |
8th-amendment contemporary-standards-of-decency criminal-procedure due-process individualized-sentencing juvenile-sentencing legislative-trends life-sentence mandatory-minimum miller-rule sentencing-discretion |
Should the protections of Miller v. Alabama, 567 U.S. 460, 132 S. Ct. 2455, 183 L. Ed. 2d 407 (2012), which prohibits mandatory life sentences and req… |
| 20-7852 |
John Elmer v. Louisiana |
Louisiana |
2021-04-26 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure due-process in-re-winship jackson-v-virginia sufficiency-of-evidence |
1. Reasonable jurists would determine that the State failed to meet the stringent burden of proof as established by Jackson v. Virginia and In re: Win… |
| 20-7829 |
Edmundo Bustamante-Muniz v. United States |
Fifth Circuit |
2021-04-23 |
Denied |
Response WaivedIFP |
almendarez-torres criminal-procedure criminal-sentencing due-process fifth-amendment fifth-circuit precedent-overturning sentencing statutory-interpretation supreme-court-precedent supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 20-7837 |
Sam Bradford v. Mississippi |
Mississippi |
2021-04-23 |
Denied |
Response WaivedIFP |
criminal-procedure due-process life-sentence miss-code-ann-47-314 murder plain-error sentencing trial-court |
WheTher PeTiTionER's (Sam Bradford), Due Process of Law when plain error CommiTTed by The Trial CourT in was imposing SenTence for The naToral life a … |
| 20-7838 |
Edward M. Vargas, Sr. v. Craig Koenig, Warden |
Ninth Circuit |
2021-04-23 |
Denied |
Response WaivedIFP |
conspiracy conspiracy-charge criminal-indictment criminal-procedure due-process fair-notice indictment jury-conviction jury-instructions ninth-circuit |
Whether the Ninth Circuit misapplied this Court's precedents in ruling that Petitioner was not denied fair notice of the charges against him despite t… |
| 20-7839 |
Taquarius Kaream Ford v. United States |
Ninth Circuit |
2021-04-23 |
Denied |
Response WaivedIFP |
criminal-procedure due-process hearsay presentence-report rule-32 sentencing |
When the defendant personally objects at sentencing to a hearsay accusation in a presentence report that he raped a woman, even though his attorney ne… |
| 20-7818 |
Stephon Lindsay v. Alabama |
Alabama |
2021-04-22 |
Denied |
IFP |
and its progeny capital-trial consistent with Miranda v. Arizona expand the narrow public-safety-exception to Mira fifth-amendment involuntary-confession miranda-rights public-safety-exception criminal-procedure custodial-interrogation fifth-amendment miranda-warnings public-safety-exception self-incrimination |
Can a court, consistent with Miranda v. Arizona, 384 U.S. 436 (1966), and its progeny, expand the narrow public safety exception to Miranda set forth … |
| 20-7820 |
Michael J. Little v. United States |
Second Circuit |
2021-04-22 |
Denied |
IFP |
constructive-amendment criminal-intent criminal-procedure due-process foreign-accounts green-card-holder indictment second-circuit stirone-v-united-states tax-reporting willful-violation |
Whether the indictment was constructively amended to add additional undeclared "overseas" accounts not among those specifically identified on the grou… |
| 20-7822 |
Trevon Wiley v. Louisiana |
Louisiana |
2021-04-22 |
Denied |
Response WaivedIFP |
collateral-review criminal-procedure due-process equal-protection non-unanimous-verdict ramos-precedent retroactivity sixth-amendment state-criminal-procedure teague-standard unanimous-verdict |
Does the Court's decision in Ramos v. Louisiana, 140 S.Ct. 1390 (2020) applies to cases on state collateral review, where the State follows the retroa… |
| 20-7823 |
Alan Trowbridge v. Jeffrey Woods, Warden |
Sixth Circuit |
2021-04-22 |
Denied |
Response WaivedIFP |
appellate-review counsel-deficiency criminal-procedure federal-law habeas-corpus ineffective-assistance-of-counsel judicial-precedent prejudice sixth-amendment sixth-circuit strickland-standard strickland-v-washington |
Did the Sixth Circuit Court of Appeals decide an important question of federal law in a way that conflicts with this Court's holding in Strickland v. … |
| 20-7824 |
Amin Ricker v. United States |
Eighth Circuit |
2021-04-22 |
Denied |
Response WaivedIFP |
criminal-procedure due-process expert-testimony notice rebuttal trial |
1) Does Due Process require an expert's findings and conclusions be provided to Defendant with sufficient notice before trial to effectively rebut the… |
| 20-7832 |
Chadwick Marvin Thompson v. United States |
Fifth Circuit |
2021-04-22 |
Denied |
Response WaivedIFP |
18-usc-3582 compassionate-release criminal-procedure extraordinary-circumstances federal-sentencing judicial-discretion sentencing sentencing-reduction statutory-interpretation |
What qualifies as 'extraordinary and compelling circumstances under a Motion for Compassionate release, 18 U.S.C. 3582(c)(1)(A)?
(2) Does the lower c… |
| 20-7834 |
Steven Cooper v. Florida |
Florida |
2021-04-22 |
Denied |
Response RequestedRelisted (2)IFP |
adverse-possession constitutional-rights criminal-mischief criminal-procedure due-process grand-theft mandamus pro-se-representation self-representation trespass |
• Whether it is unconstitutional for a defendants ' pro per Motion to Discharge
Counsel and Waiver of Right to Counsel to be dismissed for the only r… |
| 20-7835 |
Steven Cooper v. Florida |
Florida |
2021-04-22 |
Denied |
IFP |
adverse-possession circuit-court constitutional-rights criminal-procedure due-process mandamus right-to-counsel trespass |
1. Whether it is appropriate for a capias to be issued after a defendant makes
the required written waiver of presence as allowed for by the Florida … |
| 20-7812 |
Clive Patrick Bowen v. United States |
Ninth Circuit |
2021-04-21 |
Denied |
Response WaivedIFP |
continuance criminal-procedure due-process right-to-counsel self-representation sixth-amendment |
1. Does a district court violate the Sixth Amendment or otherwise err when it grants a defendant's motion to represent himself shortly before trial bu… |
| 20-7811 |
Danny R. Pennebaker v. Randee Rewerts, Warden |
Sixth Circuit |
2021-04-20 |
Denied |
IFP |
6th-amendment civil-rights criminal-procedure due-process public-trial standing |
I. SHOULD PETITIONER BE ALLOWED RETROACTIVELY TO REJECT A PLEA OFFER WHEN HE REFUSED TO ADMIT GUILT TO ONE SINGLE COUNT OF FELONIOUS ASSAULT BY EJECTI… |
| 20-1464 |
Rahul Ramesh Joshi v. United States |
Fifth Circuit |
2021-04-20 |
Denied |
Response Waived |
constitutional-law criminal-procedure due-process government-breach government-misconduct judicial-review plea-agreement resentencing sentencing |
WHETHER THE GOVERNMENT'S BREACH OF THE PLEA AGREEMENT CONSTITUTED A DUE PROCESS VIOLATION, WHICH REQUIRED REMAND FOR A DE NOVO RESENTENCING? |
| 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… |
| 20-1474 |
Joseph Colone v. Superior Court of California, San Francisco County, et al. |
California |
2021-04-20 |
Denied |
Amici (2)Response RequestedResponse WaivedRelisted (2) |
circuit-split criminal-procedure discovery-rules evidentiary-privilege judicial-subpoena judicial-truth-seeking non-governmental-litigant stored-communications-act subpoena truth-seeking |
1. Whether federal statutes must contain
express privilege language before courts
may decide that Congress intended the
statute to create an evidentia… |
| 20-7792 |
Ralph Stephen Gambina v. United States |
Ninth Circuit |
2021-04-19 |
Denied |
IFP |
career-offender criminal-procedure habeas-corpus johnson-ruling johnson-v-united-states mandatory-guidelines residual-clause section-2255 statutory-interpretation timeliness timeliness-provision |
1. Whether a § 2255 motion filed within one year of
Johnson v. United States, claiming that Johnson
invalidates the residual clause of the pre-Booker
… |
| 20-7795 |
Antwan Lamar Hutchinson v. United States |
Sixth Circuit |
2021-04-19 |
Denied |
Response WaivedRelisted (2)IFP |
abuse-of-discretion appellate-procedure competency competency-hearing criminal-procedure drope-standard due-process mental-health procedural-review sixth-circuit standard-of-review |
1) Should the Court reverse the Sixth Circuit's modified version of the three-factor legal test in Drope v. Missouri, because it adds a fourth factor,… |
| 20-7796 |
Maurice Atkinson v. United States |
Third Circuit |
2021-04-19 |
Denied |
Response WaivedRelisted (2)IFP |
body-armor criminal-procedure due-process false-testimony obstruction-of-justice public-trial sixth-amendment |
I. Whether Maurice Atkinson was denied his Sixth Amendment right to a public trial when the courtroom was completely closed to the public pursuant to … |
| 20-7797 |
Jorge Luis Rosa-Hernandez v. United States |
Third Circuit |
2021-04-19 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure criminal-sentencing district-court-decision due-process equal-protection sentencing sentencing-guidelines third-circuit unrelated-misconduct |
Whether the Third Circuit Court of Appeals erred in affirming the District Court's Decision in allowing the Government to use unrelated, uncharged mis… |
| 20-7800 |
Jacqueline Moore v. United States |
Ninth Circuit |
2021-04-19 |
Denied |
IFP |
appellate-review criminal-procedure fairness-standard federal-criminal-law indictment mens-rea plain-error-review rehaif-v-united-states supreme-court-decision trial-record |
I. When applying plain error review based on an intervening United States Supreme Court decision, may an appellate court consider information outside … |
| 20-7801 |
Cody Lee Herman v. United States |
Sixth Circuit |
2021-04-19 |
Denied |
Response WaivedIFP |
and sentencing stages plea constitutional-rights conviction criminal-procedure effective-assistance-of-counsel ineffective-assistance plea-bargaining plea-stage plea-stages pro-se-objections right-to-counsel sentence sentencing sentencing-stage |
A. Whether Petitioner's Right to the Effective Assistance of Counsel Was Violated During the Pretrial and Plea Stages of this Case Requiring That Peti… |
| 20-7802 |
Michael Green v. Illinois |
Illinois |
2021-04-19 |
Denied |
IFP |
6th-amendment 8th-amendment civil-rights constitutional-law criminal-procedure due-process judicial-review legal-doctrine precedent public-policy standing statutory-interpretation |
Whether there exist a Fivadde mee fe (
Misterstas 2 0 f Seshee bere the
dst/onen's Conviction Rested On
Pan Jig bye of the New Ss Cio biti ca
his . St… |
| 20-7803 |
Jonathan S. Hall v. Delaware |
Delaware |
2021-04-19 |
Denied |
Response WaivedIFP |
2nd-amendment civil-rights constitutional-rights criminal-procedure cruel-and-unusual-punishment due-process eighth-amendment judicial-discretion sentencing-guidelines standing supreme-court-review takings |
All Federal and State laws are predicated on the Constitution. If laws are unconstitutional or illegal they are void. If sentenced under said law is s… |
| 20-7772 |
Tanelle M. Jefferson v. Ohio |
Sixth Circuit |
2021-04-16 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure due-process hearsay reasonable-doubt sufficiency-of-evidence |
Whether or not the State of Ohio proved the petitioner's guilt "Beyond a Reasonable Doubt"? (1) All elements the offenses must be proved to the jury w… |
| 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 |
Did the trial an%or appeal court err by allowing the testisying "erperts" to
use statements of unadijucated witnesses as bisis for their opinion and
p… |
| 20-7793 |
Edgar Ivan Lira Estrada v. United States |
Fifth Circuit |
2021-04-16 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum |
Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 20-1460 |
Rolando Cruz, Jr. v. United States |
Third Circuit |
2021-04-16 |
Dismissed |
Response Waived |
appellate-review conspiracy criminal-procedure evidence evidence-standard indictment indictment-variance rico-conspiracy third-circuit united-states-v-rowe |
I.
WHETHER IT WAS ERROR FOR THE THIRD CIRCUIT TO
JUSTIFY AFFIRMANCE OF THE RICO CONSPIRACY
CONVICTIONS ON THE BASIS OF EVIDENCE PROVING
SOMETHING QUIT… |
| 20-1445 |
Nathan Ray Foreman v. Texas |
Texas |
2021-04-15 |
Denied |
Response Waived |
affidavit computer-evidence criminal-procedure evidence-seizure fourth-amendment probable-cause search-and-seizure surveillance-equipment warrant-application |
Whether the decision of the Texas Court of Criminal Appeals constitutes an unreasonable application of this Court's clearly established precedent, by … |
| 20-7768 |
Byron L. Hagans v. Mark Brnovich, Attorney General of Arizona, et al. |
Ninth Circuit |
2021-04-15 |
Denied |
IFP |
criminal-procedure due-process fair-trial fourteenth-amendment habeas-corpus sixth-amendment |
Does it violate a defendant's Fifth, Sixth and Fourteenth Amendment constitutional rights to be present at trial when he is not informed of the consti… |
| 20-7784 |
Bryan Keith Goins v. United States |
Sixth Circuit |
2021-04-15 |
Denied |
Response WaivedIFP |
appeal appellate-review court-jurisdiction criminal-procedure due-process filing-deadline ineffective-assistance-of-counsel judicial-interpretation legal-timeliness procedural-requirements sentencing writ-of-certiorari |
(1) Do my Prior Georgia Code ANN 3 16-3-30 lb Possessis
with inent to Dis Tribute methamphetanine 4 or my
TeNNeSSEe Code ANN. 339r 174 lsE PossEsSiON … |
| 20-7785 |
Kevino Graham v. United States |
Third Circuit |
2021-04-15 |
Denied |
Response WaivedIFP |
constitutional-vagueness criminal-procedure criminal-statute due-process effective-assistance-of-counsel human-trafficking sixth-amendment statutory-interpretation vagueness |
(A.) "WHETHER PETITIONER GRAHAM WAS DENIED HIS SIXTH AMENDMENT RIGHT TO EFFECTIVE ASSISTANCE OF COUNSEL WHEN COUNSEL FAILED TO CHALLENGE; "WHETHER 18 … |
| 20-7737 |
Marjuan Shondell Fleming v. United States |
Sixth Circuit |
2021-04-14 |
Denied |
Response WaivedIFP |
circuit-split constitutional-rights crack-cocaine criminal-justice-reform criminal-procedure first-step-act post-conviction right-to-counsel sentence-enhancement sentencing sixth-amendment statutory-interpretation |
Whether the term "Covered offense" in the First Step Act of 2018, includes violations of Title 18 USC 924(c), involving crack cocaine, to which ACCA t… |
| 20-7738 |
Elmer W. Grant, Jr. v. United States |
District of Columbia |
2021-04-14 |
Denied |
Response WaivedIFP |
5th-amendment-14th-amendment constitutional-amendments criminal-procedure due-process grand-jury grand-jury-selection judicial-precedent jurisdiction precedent subject-matter-jurisdiction |
I.') IS THE PRECEDENT SET IN GAITHER V. UNITED STATES, 413 F.2d 1061
(D.C Cir. 1969), WHEN IT WAS MADE CLEAR AFTER THAT ANY INDICTMENT
WITH JUST THE… |
| 20-7740 |
Jason Robert Vickers v. Kenneth Diggs, Warden |
Fourth Circuit |
2021-04-14 |
Denied |
Response WaivedIFP |
criminal-indictment criminal-procedure due-process evidence-fabrication exculpatory-evidence guilty-plea ineffective-assistance-of-counsel ineffective-counsel plea-bargaining prosecutorial-misconduct wrongful-conviction |
Whether a Criminal defendant is indicted in order to charge and/or convict with a harsher Crime, if a Criminal defendant is indicted with a particular… |
| 20-7744 |
Millard Price v. Delaware |
Delaware |
2021-04-14 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure disciplinary-actions due-process equal-protection habeas-corpus ineffective-assistance-of-counsel parole sentencing state-court |
Question not identified. |
| 20-7754 |
Robert Roland Yerton, Jr. v. Oklahoma |
Oklahoma |
2021-04-14 |
Denied |
IFP |
criminal-procedure due-process habeas-corpus judicial-review jurisdiction mandamus mandamus-relief post-conviction standing state-court state-courts |
Whether the Oklahoma Court of Criminal Appeals (OCCA) ruled correctly on the Petition for Writ of Mandamus, MA-2020-930, to the correct Petition in th… |
| 20-7757 |
James L. Toliver v. Florida |
Florida |
2021-04-14 |
Denied |
Response WaivedIFP |
burden-of-proof constitutional-rights criminal-procedure due-process equal-protection harmless-error jury-instructions standard-of-review |
The question(s) presented in this case is whether similarly situated criminal defendants should be treated equally in pipeline cases where erroneous j… |
| 20-7759 |
Roderick Williams v. Dexter Payne, Director, Arkansas Department of Correction |
Eighth Circuit |
2021-04-14 |
Denied |
Response WaivedIFP |
brady-violation civil-rights criminal-procedure due-process exculpatory-evidence habeas-relief |
I. Does The Failure of The State To Turn Over Evidence Prior To Trial Automatically Result In A Brady Violation Warranting The Grant Of Habeas Relief?… |
| 20-7761 |
Andrew Indelicato Peterson v. S. Butler, Warden |
Sixth Circuit |
2021-04-14 |
Denied |
IFP |
conviction-challenge criminal-procedure due-process essential-elements evidence-admissibility felon-in-possession knowledge-of-status plea-agreement prior-conviction prior-misconduct sentencing statutory-interpretation |
Can the distriet Court Use Post offenic conduct for crimes that a
defendant never Served Overa Year in Prison to assume ai defendant
knew his status P… |
| 20-7764 |
Jamil Stefon Carter v. O'Bell T. Winn, Warden |
Sixth Circuit |
2021-04-14 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel jury-selection motion-to-suppress plea-withdrawal right-to-appeal |
Ground Ona:
DUE PROCESS REQUIRES PLEA WITHDRAWAL WHERE PETITIONER DID NOT KNOW HIS GUILTY
PLEA WAIVED HIS RIGHT TO APPEAL THE DENIAL OF THE PRE-TRIAL… |
| 20-7765 |
Jared Andrew Martin v. California |
California |
2021-04-14 |
Denied |
IFP |
civil-procedure constitutional-vagueness criminal-procedure criminal-statute culpability due-process evidence jury mens-rea standing statutory-interpretation |
Question not identified. |
| 20-7677 |
Juan Manuel Fuentes-Morales v. United States |
Fourth Circuit |
2021-04-13 |
Denied |
Response WaivedIFP |
attorney-speech constitutional-interpretation criminal-procedure due-process fourth-circuit jury-instruction jury-instructions reasonable-doubt victor-v-nebraska |
Whether the Fourth Circuit's reasonable doubt charge conflicts with Victor v. Nebraska; and whether circuits can prohibit counsel from discussing reas… |
| 20-7713 |
Anthony Keenan Sharp v. Lawrence Long, Judge, Second Judicial Circuit Court of South Dakota, et al. |
Eighth Circuit |
2021-04-13 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure cruel-and-unusual-punishment due-process equal-protection exculpatory-evidence fair-trial freedom-of-speech prosecutorial-misconduct unlawful-search-and-seizure |
ntain within
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OF
Documents
LocedUReS aS FoUnd UndeR SDCLS3 19-19-4O/ET SEG.G… |
| 20-7727 |
Hasan Shareef v. Brian Palko, et al. |
Third Circuit |
2021-04-13 |
Rehearing |
Relisted (2)IFP |
6th-amendment case-statement civil-rights constitutional-provisions criminal-procedure due-process jurisdiction jury-selection legal-reasoning public-trial statutory-provisions writ |
Question not identified. |
| 20-7728 |
Keith Smeaton v. United States |
Ninth Circuit |
2021-04-13 |
Denied |
Response WaivedIFP |
ada civil-rights constitutional-rights criminal-procedure due-process ineffective-assistance-of-counsel learning-disability plea-conviction prosecutorial-misconduct standing |
1 - Would a reasonable Jurist find the Appellant Constitutional Rights under e.g. The 1st, 5th, 6ths and 14th Amendments had been denied?
2 - Was the… |
| 20-7707 |
Charles Michael Ledford v. United States |
Fourth Circuit |
2021-04-12 |
Denied |
Response WaivedIFP |
appellate-review constitutional-rights criminal-procedure due-process plea-bargaining statutory-interpretation |
WHETHER THE FOURTH CIRCUIT COURT OF APPEALS ERRED BY DISMISSING MR. LEDFORD'S MERITORIOUS ARGUMENTS DUE TO THE APPELLATE WAIVER LANGUAGE OF THE PLEA A… |
| 20-7711 |
Scott Dwayne Chatman v. Iowa |
Iowa |
2021-04-12 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process incompetency incompetent-defendant iowa-court-of-appeals iowa-courts judicial-review mental-competency |
I. DID THE IOWA COURT OF APPEALS DENY
AN INCOMPETENT DEFENDANT DUE
PROCESS?
II. DID THE IOWA COURT OF APPEALS AND
IOWA SUPREME COURT CONVICT AN
I… |
| 20-7716 |
Milton Mosley v. United States |
Third Circuit |
2021-04-12 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure fourth-amendment law-enforcement probable-cause reasonable-suspicion search-and-seizure terry-stop terry-v-ohio |
The finding of the lower courts, where suspicion of criminal activity was clearly not "specific, individualized, and reasonable," is contrary to the S… |
| 20-7720 |
Corey Denard Thomas v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2021-04-12 |
Denied |
Response WaivedIFP |
civil-procedure constitutional-claims criminal-procedure due-process federal-review habeas-corpus judicial-interpretation procedural-rules sentencing standing state-court-procedure |
ARE FEDERAL COURTS ALLOWED TO INTERFERE WITH PENDING STATE COURT PROCEEDINGS?
DOES CONVICTION AND SENTENCES ON ALL COUNTS BECOME THE FINAL JUDGMENT O… |
| 20-7723 |
Dangelo Davis v. United States |
Sixth Circuit |
2021-04-12 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-endeavor criminal-procedure double-jeopardy drug-amount drug-charges due-process RICO sentencing sixth-circuit |
I. DID THE DECISION OF THE COURTS APPEALS THE SIXTH CIRCUIT ERR WHEN CONCLUDING THAT DAVIS NOWAK'S GOAL OF FURTHERING OR FACILITATING THE CRIMINAL ENT… |
| 20-7726 |
James Ray Davis v. Gary Musselwhite, Warden |
Eighth Circuit |
2021-04-12 |
Denied |
Response WaivedIFP |
civil-rights constitutional-law criminal-procedure discovery due-process ineffective-assistance-of-counsel judicial-review legal-procedure motion-to-dismiss sentencing statutory-interpretation |
Question not identified. |
| 20-7697 |
Matthew Berckmann v. United States |
Ninth Circuit |
2021-04-09 |
Denied |
Response WaivedIFP |
criminal-procedure due-process evidence-rule evidence-rule-404(b) evidentiary-standard federal-rules-of-evidence motive-opportunity-intent propensity-evidence rule-404b same-victim victim-testimony |
Whether other act evidence under Rule 404(b) that involves the
same "victim" (alcoholic husband and wife who fight after drinking too much) is
automat… |
| 20-7699 |
DeAngelo Horn v. Florida |
Florida |
2021-04-09 |
Denied |
Response WaivedIFP |
admissibility banks-v-dretke brady-disclosure brady-v-maryland constitutional-rights criminal-procedure due-process exculpatory-evidence federal-habeas pretrial-discovery prosecutorial-misconduct |
This Court first announced the due process requirement that the State disclose favorable exculpatory or impeachment evidence in Brady v. Maryland, 373… |
| 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, including t… |
| 20-7702 |
Covia Dzell Smith v. United States |
Fourth Circuit |
2021-04-09 |
Denied |
Response WaivedIFP |
career-offender criminal-procedure due-process evidentiary-errors fair-trial fourth-circuit-review ineffective-assistance right-to-present-defense sentencing sentencing-guidelines |
I.
Whether trial counsel's ineffective assistance deprived Mr. Smith of the right to offer evidence in his defense.
II.
Whether the district court's … |
| 20-7689 |
Herve Wilmore, Jr. v. United States |
Eleventh Circuit |
2021-04-08 |
Denied |
Response WaivedIFP |
civil-procedure constitutional-claim constitutional-rights criminal-procedure due-process federal-rules habeas-corpus ineffective-assistance ineffective-assistance-of-counsel misconstruction |
1). Does the court's misconstruction of the habeas corpus claim violate due process of law?
2). Does the court's failure to adjudicate the merits of … |
| 20-7691 |
Ernest Donald Washington v. Tammy Williams, Warden, et al. |
Fourth Circuit |
2021-04-08 |
Denied |
IFP |
appeal civil-rights constitutional-claims criminal-procedure due-process evidence federal-jurisdiction habeas-corpus ineffective-assistance jurisdiction ninth-circuit procedural-default |
Mr. Washington (Petitioner) alleged that the CCL Court lack subject matter jurisdiction to try him. Petitioner was convicted, in large part upon Plain… |
| 20-7692 |
Donald Violett v. John R. Grise |
Kentucky |
2021-04-08 |
Denied |
IFP |
actual-innocence attorney-client-privilege civil-rights criminal-procedure due-process government-misconduct habeas-corpus state-court-review void-judgment |
Based on new discovered evidence, can a State court convict and prison incarcerate Petitioner on dismissed and fabricated charges?
Can the State cour… |
| 20-7672 |
James Michael Garcia v. United States |
Ninth Circuit |
2021-04-07 |
Denied |
Response WaivedIFP |
assault child-abuse criminal-procedure double-jeopardy due-process guilty-plea plea-bargaining sentencing serious-bodily-injury |
WHETHER, AFTER A DEFENDANT PLEADS GUILTY TO FELONY CHILD ABUSE, THE GOVERNMENT MAY STILL PURSUE A CHARGE OF ASSAULT RESULTING IN SERIOUS BODILY INJURY… |
| 20-7673 |
Atticus Sliter-Matias v. United States |
Third Circuit |
2021-04-07 |
Denied |
Response WaivedIFP |
appeal appellate-review criminal-procedure due-process evidence-law fifth-amendment plain-error self-incrimination |
Whether the Third Circuit Court of Appeals erred in affirming the District Court's judgment of conviction and sentence by failing to find that the dis… |
| 20-7674 |
Kuantau Reeder v. Darrel Vannoy, Warden |
Fifth Circuit |
2021-04-07 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
brady-v-maryland brady-violation criminal-procedure due-process giglio-v-united-states impeachment-evidence materiality materiality-standard prosecutorial-misconduct witness-credibility |
In a murder prosecution in which the Orleans Parish
District Attorney's Office presented no scientific evidence, no
video evidence, no motive evidence… |
| 20-7675 |
John G. Stroming v. United States |
Second Circuit |
2021-04-07 |
Denied |
Response WaivedIFP |
age-gender-differences child-molestation criminal-procedure criminal-propensity evidence evidence-admissibility evidentiary-rules federal-law prior-convictions propensity victim-characteristics |
Whether prior convictions for crimes of child molestation can be admitted into evidence where – because of differences in the age and gender of the vi… |
| 20-7676 |
Aaron Orlando Richards v. Darrel Vannoy, Warden |
Fifth Circuit |
2021-04-07 |
Denied |
Response WaivedIFP |
circumstantial-evidence criminal-conviction criminal-procedure ineffective-assistance ineffective-assistance-of-counsel jackson-v-virginia motion-for-bill-of-particulars motion-to-suppress reasonable-doubt sixth-amendment sufficiency-of-evidence |
This is a principal to second degree robbery case based, almost exclusively, on questionable circumstantial evidence that ended in a life sentence for… |
| 20-7680 |
Jonathan Beasley v. United States |
Fifth Circuit |
2021-04-07 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-statute federal-prosecution felon-in-possession firearm-possession mens-rea rehaif-v-united-states statutory-interpretation |
Whether, in a federal prosecution for possession of a firearm by a convicted felon pursuant to 18 U.S.C. Section 922(g)(1) that occurred after the dec… |
| 20-7686 |
Lonnie Alonzo Howard v. United States |
Eighth Circuit |
2021-04-07 |
Denied |
IFP |
appellate-review armed-career-criminal-act circuit-court criminal-procedure evidence-sufficiency felon-in-possession plain-error sufficiency-of-evidence trial-record |
1. Whether this case should be held pending this Court's decision in Greer v. United States, No. 19-8709, which will determine if a circuit court of a… |
| 20-7671 |
Ronald E. Johnson v. Derek Schmidt, Attorney General of Kansas, et al. |
Tenth Circuit |
2021-04-06 |
Denied |
Response WaivedIFP |
constitutional-review criminal-procedure due-process kansas-supreme-court mandatory-minimums mandatory-sentencing sentencing sentencing-modification sixth-amendment statutory-interpretation sua-sponte |
Was Astorga v. Kansas remanded back to the Kansas Supreme Court for the purpose of correcting with the Mandatory Sentence modification of Hard 40/50 p… |
| 20-7655 |
Lisa Bershan v. United States |
Second Circuit |
2021-04-05 |
Denied |
Response WaivedIFP |
circuit-split criminal-procedure downward-departure judicial-discretion reasonableness reasonableness-standard sentencing sentencing-guidelines variances |
Should this Court should grant certiorari in order to resolve the following conflict among the circuits: Is a sentencing judge required specifically t… |
| 20-7658 |
Johnny Rice v. Frank Vanihel, Warden |
Seventh Circuit |
2021-04-05 |
Denied |
IFP |
civil-rights criminal-procedure due-process franks-v-delaware ineffective-assistance standing |
Was trial counsel ineffective when he failed to suppress the affidavit due to the insufficiency of Count I and A, Rape, and when counsel failed to see… |
| 20-7628 |
Daryl Fitzgerald Johnson v. Mississippi |
Mississippi |
2021-04-02 |
Denied |
Response WaivedIFP |
appeals civil-rights constitutional-rights court-of-appeals criminal-procedure due-process jurisdiction legal-procedure standing supreme-court trial-court writ-of-certiorari |
JZT.
X)rd tee Supreme cooRt. OV tAteissvG
HAVE; Ouw^I c-Uqao So Hear a tereei- fM'Pte
OH -tvie Coorh . or p»ppeo\ totere. te-ere are
-tux> tete Wetet… |
| 20-7630 |
Scott Paul Madlock v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-04-02 |
Denied |
IFP |
constitutional-law criminal-procedure due-process fifth-amendment interrogation right-to-counsel self-incrimination sixth-amendment |
Whetner Strongly believes that the United States Court of Appeals for The Fifth Circuit's decision sanctioned such a departure from accepted and usual… |
| 20-7626 |
Robert Frank Miller v. United States |
District of Columbia |
2021-04-01 |
Denied |
Response WaivedIFP |
appellate-review appellate-standards criminal-procedure due-process fourth-amendment ineffective-assistance ineffective-assistance-of-counsel judicial-discretion probable-cause waiver |
I.
Whether certiorari should be granted to clarify that probable cause must be
based on actual facts, rather than mere assumptions interposed by the c… |
| 20-7633 |
Sam Sterling Alford v. Mark S. Inch, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2021-04-01 |
Denied |
Response WaivedIFP |
28-usc-2253c certificate-of-appealability consolidation consolidation-risks counsel-performance criminal-procedure ineffective-assistance ineffective-assistance-of-counsel informed-consent right-to-counsel |
Whether the court of appeals improperly denied the Petitioner a certificate of appealability under 28 U.S.C. §2253(c) on his claim that his counsel re… |
| 20-7635 |
Lisa Biron v. United States |
First Circuit |
2021-04-01 |
Denied |
Response WaivedIFP |
conviction-review criminal-procedure federal-criminal-statute federal-habeas fundamental-defect gonzalez-v-crosby intent-element procedural-default rule-60(b) rule-60b section-2255 state-prisoner |
When the Warden Court's understanding of the mental intent element of a federal criminal statute becomes apparent in a Conclusion feed date in its den… |
| 20-7640 |
Nicholas Corey Garner v. United States |
Sixth Circuit |
2021-04-01 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure email-search ineffective-assistance ineffective-assistance-of-counsel presentence-report restitution search-and-seizure sentencing sixth-circuit |
Was Counsel constitutionally ineffective when he failed to challenge the search of Petitioner's vehicle in violation of Petitioner's Fourth Amendment … |
| 20-7641 |
Brian Hawkins v. Tim Shoop, Warden |
Sixth Circuit |
2021-04-01 |
Denied |
Response WaivedIFP |
constitutional-law constitutional-rights credibility-analysis criminal-procedure due-process lovasco-standard pre-indictment-delay prosecutorial-discretion trial-court-error united-states-v-lovasco |
Has the trial court erred by adding a credibility analysis to an unjustifiable pre-indictment delay test of Due Process prescribed by United States v.… |
| 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 Ame… |
| 20-7604 |
Christopher Johnson v. United States |
Ninth Circuit |
2021-03-31 |
Denied |
IFP |
appellate-review criminal-procedure due-process guilty-plea indictment mens-rea plain-error rehaif |
I. When an indictment fails to allege an essential mens rea element, may the appellate court assume the indictment still alleges a federal offense and… |
| 20-7612 |
Michael D. Johnson v. Indiana |
Indiana |
2021-03-31 |
Denied |
Amici (2)Response WaivedIFP |
actual-suspicion circuit-split criminal-procedure fourth-amendment law-enforcement objective-standard reasonable-suspicion search-and-seizure terry-frisk terry-stop |
To uphold a Terry frisk as constitutional, the First and Ninth Circuits require the frisking officer to have actually suspected that the detainee may … |
| 20-7615 |
Duane Eugene Owen v. Florida |
Florida |
2021-03-31 |
Denied |
IFP |
capital-case constitutional-claims criminal-procedure death-penalty equal-protection florida-supreme-court fourteenth-amendment habeas-corpus penalty-phase procedural-history retroactivity supreme-court-review |
Whether Petitioner was denied equal protection under the Fourteenth Amendment to the United States Constitution when the Florida Supreme Court decline… |
| 20-7623 |
Michael Eric Drake v. Pennsylvania |
Pennsylvania |
2021-03-31 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel prior-bad-acts sixth-amendment trial-counsel |
Did the Pennsylvania Superior Court ignore the Sixth and Fourteenth Amendments when it found no issue with trial counsel's failure to protect his clie… |
| 20-1369 |
Mohammed Jabateh v. United States |
Third Circuit |
2021-03-31 |
Denied |
|
appellate-review conviction criminal-conviction criminal-procedure federal-criminal-rule federal-criminal-rule-52(b) plain-error plain-error-rule sentencing statutory-construction |
Does the plain error rule permit affirmance of a federal criminal conviction and sentence based on conduct that concededly does not violate the charge… |
| 20-1371 |
Bart Posey, Sr. v. United States |
Sixth Circuit |
2021-03-31 |
Denied |
Response Waived |
appeal appellate-counsel constitutional-right criminal-procedure due-process duty-to-consult habeas-corpus ineffective-assistance right-to-counsel |
1. Whether the duty to consult about an appeal requires the effective assistance of counsel. |
| 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 |
Question not identified. |
| 20-7611 |
Jamar Garrison v. United States |
Sixth Circuit |
2021-03-30 |
Denied |
IFP |
brady-rule brady-violation constitutional-rights criminal-procedure discovery-obligations due-process harmless-error rule-16 sixth-circuit |
I. Should a Writ of Certiorari Issue to Revi ew the Brady and Rule 1 6 Due
Process Viol ations in Defendant's Case Because the Sixth Ci rcuit
Found No… |
| 20-7590 |
Billy Earl Parker v. Oklahoma |
Oklahoma |
2021-03-29 |
Denied |
IFP |
burden-of-proof civil-liberties constitutional-rights criminal-procedure due-process equal-protection evidence habeas-corpus judicial-review legal-procedure statutory-interpretation |
I. IS AN pro-sELitiaANT eNtitIEb to relcive
CourT procecdinqs
NO NO INDONNNUbND OO
21
violatetheeiqth AmevomeNt
3
ON A ACTUAL FALTWALINNOCENCE CLAIM
4… |
| 20-7591 |
Herminio Perales-Perez v. United States |
Fifth Circuit |
2021-03-29 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure due-process indictment jury-determination jury-trial prior-conviction prior-convictions sentencing statutory-maximum |
I. Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and ei… |
| 20-7594 |
Rashawn Donnell Williams v. United States |
Fourth Circuit |
2021-03-29 |
Denied |
Response WaivedIFP |
appeal conviction criminal-procedure due-process sentencing statutory-interpretation |
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| 20-7597 |
In Re Gary Peel |
|
2021-03-29 |
Denied |
Response WaivedIFP |
appeals appellate-procedure criminal-procedure due-process habeas-corpus judicial-delay mandamus seventh-circuit subject-matter-jurisdiction writ-of-mandamus |
Whether a Writ of Mandamus should issue directing the United States Court of Appeals for the Seventh Circuit to issue a dispositive decision upon Gary… |
| 20-7579 |
Donald Phillips v. Texas |
Texas |
2021-03-29 |
Denied |
IFP |
6th-amendment constitutional-rights criminal-procedure due-process ineffective-assistance-of-counsel judicial-misconduct juror-misconduct jury prosecutorial-misconduct sixth-amendment trial-procedure |
1. Is it proper or a violation of the 6th Amendment due process law for a defense attorney to discover that during testimony in trial one of the juror… |
| 20-7571 |
Hilliard A. Fulgham v. Scott Crow, Director, Oklahoma Department of Corrections |
Tenth Circuit |
2021-03-26 |
Denied |
IFP |
civil-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel interstate-agreement-on-detainers interstate-detainer judicial-discretion trial-fairness waiver |
1. Is an objection required before a court would have understanding that a detainee did not want to be tried after the time-line set in his involuntar… |
| 20-7572 |
Jim Bass Holden v. Nevada, et al. |
Ninth Circuit |
2021-03-26 |
Denied |
Response WaivedIFP |
6th-amendment appellate-review circuit-split conflict-of-laws constitutional-rights criminal-procedure due-process federal-jurisdiction judicial-discretion procedural-default right-to-counsel |
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| 20-7573 |
Merrickio D. Harris v. Nebraska |
Nebraska |
2021-03-26 |
Denied |
Response WaivedIFP |
14th-amendment 6th-amendment constitutional-rights criminal-procedure criminal-proceedings due-process fundamental-fairness judicial-review self-representation structural-error |
1) Whether the Nebraska State Courts committed structural error and violated the Petitioner's Federal Constitutional Rights to Self Representation and… |
| 20-7576 |
Humberto Rodriguez, Jr. v. Texas |
Texas |
2021-03-26 |
Denied |
IFP |
criminal-procedure jurisdictional-determination rir-nabisco-v-european-cmty rjr-nahisco state-courts state-criminal-cases subject-matter-jurisdiction tribunal-power two-step-test |
Does the Supreme Court's Two-Step Test to determine [extra]territoriallity
it created in, RJR Nahisco V. European Cmty, 136 S.Ct. 2090, also apply to … |
| 20-7580 |
Trinidad Jesus Garcia v. United States |
Eighth Circuit |
2021-03-26 |
Denied |
Response WaivedIFP |
appellate-review civil-procedure criminal-procedure due-process federal-sentencing individualized-circumstances judicial-discretion plain-error reasonableness sentencing sentencing-guidelines |
whether Formal objection after pronouncement of Sentence is necessary to invoke appellate review of Sentence (Ground Four) and Sentence Prejudice the … |
| 20-7582 |
Lonzell Green v. California |
California |
2021-03-26 |
Denied |
Response WaivedIFP |
brady-v-maryland constitutional-rights criminal-procedure due-process fair-trial federal-review fourteenth-amendment procedural-challenge standing state-court writ-of-certiorari |
(1) pzp iTt<r-ST&rg C.omii _t^s) VX£'la-tit PfTOXoMT«- Due - f>flj>t£ss
Pro)recrreo (Lz&tt-TCi.) Lt LjVpwUy'6LV PlTnj'u/LLT)
Tcir^bjv'v ( de Ur gjJ/u-… |
| 20-7585 |
Charles D. Bowser v. Kansas |
Kansas |
2021-03-26 |
Denied |
Response WaivedIFP |
bias criminal-procedure due-process judicial-bias north-carolina-v-pearce plea-bargain prejudice sentencing |
Whether this Court should grant certiorari to resolve the issue if the Due Process Clause and North Carolina v. Pearce , 395 U.S. 711, 89 S. Ct. 2072,… |
| 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 |
"VVvc G?ccoA * DecetuVi-er 11, Z02 -0
•\Vv£. uvu-V^A sAaFtS C^sAcnIcA' GoOfAr
Qa^ senA-e/vc-e\A} WArWfC
q^aOoa. roVi»Mj -\ o cx^<^■c \W, £ajz>\rec<\ O… |
| 20-7556 |
Terrence A. McKnight v. R. Johnson, et al. |
Ninth Circuit |
2021-03-25 |
Denied |
Response WaivedIFP |
9th-circuit appellate-review criminal-procedure due-process habeas-corpus harmless-error hearsay-evidence prosecutorial-misconduct standards-of-review |
1. Under 28 U.S.C. § 2254(d) (1)& (2), did the California Court of Appeal unreasonably determine that the established prosecutorial misconduct in rely… |
| 20-7567 |
Brent Douglas Cole v. United States |
Ninth Circuit |
2021-03-25 |
Denied |
Response WaivedRelisted (2)IFP |
4th-amendment civil-rights criminal-procedure due-process exigent-circumstances grand-jury habeas-corpus judicial-procedure legal-rights search-and-seizure standing |
California instituted prosecution against the Petitioner January d6, 2014 during
a warrant/ess search and seizure without probable couse for a "welfar… |
| 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… |
| 20-1356 |
Eduardo Lopez v. United States |
Eleventh Circuit |
2021-03-25 |
Denied |
|
appellate-rights conflict-of-interest counsel-disqualification criminal-procedure disqualification guilty-plea sixth-amendment structural-defect wheat-v-united-states |
1. Following Class v. United States, 138 S. Ct. 798
(2018), does a criminal defendant's guilty plea result in the automatic waiver of his right to app… |
| 20-7543 |
Victor Real-Alomar, aka Toston v. United States |
First Circuit |
2021-03-24 |
Denied |
Response WaivedIFP |
appeal appeal-waiver burden-of-proof constitutional-rights criminal-procedure first-amendment ninth-amendment plea-agreement plea-bargaining pretrial-detainee waiver |
A. Whether a criminal defendant must raise the issue of nonapplicability of a waiver of appeal in his opening brief or whether it falls upon the gover… |
| 20-7549 |
Shane Arnold v. United States |
Ninth Circuit |
2021-03-24 |
Denied |
IFP |
criminal-procedure defense district-court due-process evidence evidence-introduction knowledge-of-status plain-error rehaif-standard Rehaif-v-United-States trial-error |
Whether a defendant satisfies the final two prongs of plain error review for a Rehaif v. United States, __ U.S. __, 139 S. Ct. 2191 (2019), trial erro… |
| 20-7551 |
Dennis Roger Bolze v. Warden, FCI Coleman |
Sixth Circuit |
2021-03-24 |
Denied |
Response WaivedRelisted (2)IFP |
counsel-deprivation criminal-procedure criminal-proceedings due-process habeas-corpus jurisdiction miscarriage-of-justice right-to-counsel state-law subject-matter-jurisdiction |
QUESTION ONE:
When a State intentionally abandons State law and deprives an individual of counsel
during a critical stage in the criminal proceedings… |
| 20-7554 |
Eron Jordan v. United States |
Fourth Circuit |
2021-03-24 |
Denied |
Response WaivedIFP |
civil-procedure criminal-procedure due-process habeas-corpus jurisdiction speedy-trial |
Question not identified. |
| 20-7521 |
Lionel Lewis v. New York |
New York |
2021-03-23 |
Denied |
Response WaivedIFP |
constitutional-rights courtroom-closure criminal-procedure due-process public-trial sixth-amendment undercover-officer |
Does an undercover officer's interest in potentially continuing undercover work in the general area where a defendant's family members reside categori… |
| 20-7535 |
Gilberto Medina-Jasso v. Georgia |
Georgia |
2021-03-23 |
Denied |
IFP |
child-molestation constitutional-law constitutional-rights criminal-procedure due-process lesser-included-offense sexual-battery trial-court |
Whether the trial court's failure to charge sexual battery as a lesser included offense of child molestation deprived Petitioner of a due process righ… |
| 20-7538 |
Frankie Lewis Jones v. Georgia |
Georgia |
2021-03-23 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure due-process fourth-amendment interstate-agreement personal-detention probable-cause search-and-seizure sentencing statute-of-limitations warrantless-search |
Question not identified. |
| 20-7542 |
Calvin Lewis Carter, III v. Illinois |
Illinois |
2021-03-23 |
Denied |
IFP |
court-procedure criminal-procedure defendant-rights evidentiary-rulings fourth-amendment judicial-interpretation legal-challenge privacy procedural-rules search seizure standing |
Question not identified. |
| 20-7515 |
Samuel Woody v. New Jersey |
New Jersey |
2021-03-22 |
Denied |
Relisted (2)IFP |
conflict-of-interest criminal-procedure due-process false-allegations ineffective-assistance vindictive-behavior witness-testimony |
While the PCR court did not address the conflict of interest issue in it's decision, is counsel deemed ineffective for failing to investigate and call… |
| 20-7516 |
Josue Portillo v. United States |
Second Circuit |
2021-03-22 |
Denied |
Response WaivedRelisted (2)IFP |
criminal-procedure criminal-sentencing cruel-and-unusual-punishment eighth-amendment incorrigibility juvenile-justice juvenile-offenders miller-rule miller-v-alabama proportionality sentencing |
Absent proof of incorrigibility, can a district court sentence a defendant to fifty-five years imprisonment without parole for participating in a exec… |
| 20-7523 |
Joseph M. Bryant v. Louisiana |
Louisiana |
2021-03-22 |
GVR |
Response RequestedRelisted (2)IFP |
constitutional-rights criminal-conviction criminal-procedure direct-review due-process equal-protection habeas-corpus non-unanimous-jury ramos-v-louisiana retroactivity supreme-court-precedent |
This Court held in Ramos v. Louisiana, that Louisiana's non-unanimous jury scheme was unconstitutional. Pretermitting the question raised in Edwards v… |
| 20-7524 |
Mathew Ryan Byrd v. United States |
Fourth Circuit |
2021-03-22 |
Denied |
Response WaivedIFP |
civil-rights constitutional-challenge criminal-procedure due-process federal-sentencing fourth-amendment habeas-corpus judicial-review parolee probationer search-and-seizure |
Question not identified. |
| 20-7528 |
Jonathan Figueroa-Serrano v. United States |
Eighth Circuit |
2021-03-22 |
Denied |
IFP |
appellate-review conditional-plea criminal-procedure federal-courts federal-rules harmless-error plea-bargaining sentencing |
Under Federal Rule of Criminal Procedure 11(a)(2), a defendant may enter a guilty plea conditioned on the right to appeal an adverse pretrial ruling. … |
| 20-7502 |
Vaughn Alexander Cropper v. United States |
Eleventh Circuit |
2021-03-19 |
Denied |
IFP |
2nd-amendment appellate-review civil-rights constitutional-challenge criminal-indictment criminal-procedure due-process federal-jurisdiction firearms-regulation Second-Amendment standing statutory-interpretation |
Question not identified. |
| 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 |
A. 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 Fou… |
| 20-7509 |
Erik Santiago Leon Del Angel v. United States |
Ninth Circuit |
2021-03-19 |
Denied |
Response WaivedIFP |
continuance criminal-procedure defendant-rights district-court-discretion due-process immigration immigration-proceedings judicial-error jurisdiction procedural-fairness sentencing sentencing-continuance |
Did the District Court prejudicially err by denying petitioner's request to continue his sentencing so he may first appear in Immigration Court? |
| 20-7512 |
Forrest R. Cox, III v. Nebraska |
Nebraska |
2021-03-19 |
Denied |
Response WaivedIFP |
case-law constitutional-rights criminal-procedure federal-statute fourth-amendment good-faith-doctrine immutable-evidence independent-source-doctrine search-warrant |
I. IN A FIRST DEGREE FELONY MURDER CASE REQUIRING LIFE IMPRISONMENT, DID THE NEBRASKA SUPREME COURT ERROR IN APPLYING THE GOOD FAITH DOCTRINE TO A SEA… |
| 20-7486 |
Carlos Guzman-Merced v. United States |
First Circuit |
2021-03-18 |
Denied |
Response WaivedIFP |
28-usc-2106 appellate-remedy appellate-review criminal-procedure indictment indictment-dismissal judicial-discretion plain-error plain-error-review remedial-authority statutory-interpretation |
Whether a Court of Appeals can, and should, order an indictment that omits an element of the crime dismissed as part of the appellate remedy given the… |
| 20-7488 |
William Douglas Hampton v. Mark Williams, Warden |
Fifth Circuit |
2021-03-18 |
Denied |
Response WaivedIFP |
appellate-waiver civil-rights commerce-clause constitutional-rights criminal-procedure due-process electronic-fraud free-speech plea-agreement standing statutory-interpretation |
1) DOES 28 UNITED STATES CODE SERUICE $2LHI's.
SPECIFIC WORDING PERMIT THE JUDICIAL SUBMISSION AND CONSIDERATION
OFA HABEAS CORPUS IFTHE STATUTE'S SUB… |
| 20-7489 |
Michael Formica v. Harold W. Clarke, Director, Virginia Department of Corrections |
Fourth Circuit |
2021-03-18 |
Denied |
Response WaivedIFP |
appellate-review civil-rights criminal-procedure due-process fabricated-evidence fourth-circuit habeas-corpus ineffective-assistance-of-counsel procedural-standards standing |
I, WHETHER THE FOURTH CIRCUIT RELIED ON CONTROLS TO DENY PETITIONER'S PETITION FOR WRIT OF HABEAS CORPUS AS LAWFUL EVIDENCE.
2. WHETHER THE FOURTH CI… |
| 20-7491 |
Esmervi Carone Rodriguez v. United States |
Fifth Circuit |
2021-03-18 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
bad-faith circuit-court circuit-split constitutional-law criminal-procedure evidence-spoliation jury-instructions legal-force pattern-instructions spoliation-of-evidence |
I. Whether pattern jury instructions approved by the circuit courts carry any independent legal force?
II. Whether federal criminal defendants may re… |
| 20-7492 |
Justice Towan Roundtree v. United States |
Fourth Circuit |
2021-03-18 |
Denied |
Response WaivedIFP |
alternative-sentence appellate-review circuit-split criminal-procedure district-court-discretion guidelines harmless-error sentencing sentencing-guidelines |
Whether a Guidelines error is harmless when the district judge issues an alternative sentence by stating that she would impose the same sentence even … |
| 20-7500 |
Christopher Nathaniel Brown v. Florida |
Florida |
2021-03-18 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process extrinsic-evidence self-defense state-courts victim-history |
Does Florida state courts deny defendants their Due Process Rights when the courts exclude extrinsic evidence which would corroborate defendant's know… |
| 20-7461 |
David Kendrick v. United States |
Third Circuit |
2021-03-17 |
Denied |
Response WaivedIFP |
aggregation alleyne-precedent alleyne-v-united-states criminal-procedure drug-conspiracy drug-quantity mandatory-sentence mandatory-sentencing rowe-interpretation threshold-quantity united-states-v-rowe |
In applying a mandatory sentence in a drug conspiracy case, does Alleyne v. United States, 570 U.S. 99, 133 S.Ct. 2151 186 L.Ed.2d 314 (2013), when re… |
| 20-7464 |
Stephen D. Long v. Ohio |
Ohio |
2021-03-17 |
Denied |
Response WaivedIFP |
4th-amendment anonymous-informant criminal-procedure exclusionary-rule fourth-amendment probable-cause search-warrant standing totality-of-the-circumstances |
1. Can a search warrant issue for a private residence based solely on the uncorroborated statement of an anonymous citizen informant?
2. Is an irrebu… |
| 20-7467 |
Timothy Wayne Carver v. United States |
Eleventh Circuit |
2021-03-17 |
Denied |
Response WaivedIFP |
criminal-procedure due-process evidentiary-hearing guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargaining sixth-amendment |
Where plea counsel erroneously convinces a defendant to believe that he is guilty of an offense, may the guilty-pleading defendant obtain relief from … |
| 20-7471 |
Christian Joseph Perez v. United States |
Fifth Circuit |
2021-03-17 |
Denied |
Response WaivedIFP |
certificate-of-appealability civil-rights court-of-appeals criminal-procedure district-court due-process habeas-corpus judicial-procedure legal-review standing statutory-interpretation |
-Can the Court of Appeals deny Petitioner's application for Certificate of Appedlability ("coA") withoct any analysis of whether the District Courts d… |
| 20-7476 |
Jose Armondo Ramos Cabrera v. United States |
Fourth Circuit |
2021-03-17 |
Denied |
Response WaivedIFP |
appeal criminal-appeal criminal-procedure defendant-objection due-process firearm-possession firearms fourth-circuit sentencing sentencing-enhancement standard-of-review two-level-enhancement |
Whether the court erred when it denied defendant's objection to the two level enhancement for possession of a firearm |
| 20-1295 |
United States v. Timothy Zachary Green |
Fourth Circuit |
2021-03-17 |
GVR |
Relisted (2) |
circuit-precedent criminal-law criminal-procedure due-process felon-in-possession felony-conviction firearm-possession plain-error-review prejudice-standard statutory-interpretation |
Whether a court of appeals may, on plain-error review, affirm a conviction for possessing a firearm following a felony conviction, in violation of 18 … |
| 20-7459 |
Herman Rosario v. United States |
Third Circuit |
2021-03-16 |
Denied |
Response WaivedIFP |
4th-amendment criminal-procedure exclusionary-rule good-faith-exception independent-determination motion-to-suppress physical-evidence probable-cause search-and-seizure warrant-application |
1. Whether the district court err ed in denying defendant's motion to
suppress physical evidence seized at1611 S. 28th Street,
Philadelphia, where t… |
| 20-7468 |
Aaron Feazell v. United States |
District of Columbia |
2021-03-16 |
Denied |
Response WaivedIFP |
civil-protection-order constructive-amendment criminal-procedure due-process fifth-amendment fundamental-fairness notice variance variance-doctrine |
Question (i). The information charges the defendant with violating a civil protection order (CPO) by being within a hundred (100) yards of the complai… |
| 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… |
| 20-7451 |
David K. Jenner v. Colorado Department of Corrections, et al. |
Colorado |
2021-03-15 |
Denied |
Response WaivedIFP |
colorado-revised-statute colorado-statute constitutional-challenge criminal-procedure due-process fourteenth-amendment johnson-v-us unconstitutional |
In light of this Court's decision in Johnson v. U.S., 135 S.Ct. 2551 (2015), is Colorado Revised Statute § 17-22.5403(2)-(3.5) unconstitutional in tha… |
| 20-7453 |
Douglas D. Jackson v. United States |
Seventh Circuit |
2021-03-15 |
Denied |
Response WaivedIFP |
8th-amendment criminal-procedure due-process sentencing statutory-interpretation venue |
Question not identified. |
| 20-7455 |
Jeromey Glenn Jones v. Montana |
Montana |
2021-03-15 |
Denied |
IFP |
constitutional-assistance court-interpretation criminal-procedure due-process ineffective-assistance-of-counsel judicial-review legal-protection procedural-due-process right-to-counsel right-to-participate sixth-amendment statutory-provisions |
Question not identified. |
| 20-7456 |
Rafael Ayala-Solorio v. United States |
Fifth Circuit |
2021-03-15 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum |
Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 20-1277 |
Richard Meyer v. Kentucky |
Kentucky |
2021-03-15 |
Denied |
|
civil-rights constitutional-challenge criminal-procedure due-process excessive-fines forfeitability forfeiture kentucky kentucky-statutes timbs-precedent timbs-v-indiana |
I.
DOES THE KENTUCKY COURT OF
APPEALS DECISION IN THIS CASE
STAND IN DIRECT CONTRADICTION
TO THIS COURT'S DECISION IN
TIMBS V. INDIANA, 139 S.Ct. 682
… |
| 20-1281 |
Byron Dredd v. United States |
Ninth Circuit |
2021-03-15 |
Denied |
Response Waived |
18-usc-1001 18-usc-1519 18-usc-241 acquittal civil-rights criminal-procedure double-jeopardy false-statements religious-communication trial-evidence |
1. Whether petitioner's acquittals on two counts - conspiracy against civil rights, 18 U.S.C. section 241 and providing false statements, 18 U.S.C. se… |
| 20-7438 |
Christopher Stegawski v. United States |
Sixth Circuit |
2021-03-12 |
Denied |
Response WaivedIFP |
addiction chronic-pain chronic-pain-treatment criminal-procedure drug-conspiracy drug-enforcement due-process federal-prosecution medical-licensing medical-practice-standard medical-prescribing opioid-prescribing |
# 1 - When pain of more than three months duration becomes chronic pain (Ohio definition) and dependence (ie. addiction) forms after three months of o… |
| 20-7439 |
Michael Luis Suarez v. United States |
Eleventh Circuit |
2021-03-12 |
Denied |
Response WaivedIFP |
18-usc-924(c) actual-innocence categorical-approach crime-of-violence criminal-procedure due-process plea-bargaining predicate-offense procedural-default sentencing-guidelines statutory-enhancement |
Whether a defendant may be enhanced under 18 U.S.C. § 924(c) where he entered a plea of guilty to an offense that no longer qualifies as a predicate o… |
| 20-7446 |
Juan Luis Rivera Arreola v. United States |
Fifth Circuit |
2021-03-12 |
Denied |
Response WaivedIFP |
circuit-split co-defendant-liability criminal-procedure criminal-sentencing drug-offense federal-sentencing-guidelines firearm-enhancement reasonable-foreseeability sentencing-guidelines tools-of-the-trade U.S.S.G.-2D1.1(b)(1) |
In order to warra nt a two-level enhance ment for possession of a fir earm, pursuant to U.S .S.G. § 2D1.1 (b)(1), is it suffic ient to simply label fi… |
| 20-7408 |
Trystan Keun Napper v. United States |
Fifth Circuit |
2021-03-11 |
Denied |
Response WaivedIFP |
appellate-review circuit-split criminal-procedure federal-courts judicial-discretion legal-interpretation plain-error standard-of-review statutory-interpretation |
Whether Federal Rule of Criminal Procedure 52(b) permits courts of appeals to grant appellate relief in the absence of error shown by binding preceden… |
| 20-7409 |
Eduardo Pena-Garcia v. United States |
Fifth Circuit |
2021-03-11 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure deference federal-courts judicial-discretion sentencing-factors sentencing-review standard-of-review substantive-reasonableness |
Whether substantive reasonableness review necessarily encompasses some degree of reweighing the sentencing factors? |
| 20-7410 |
Edward McCain v. United States |
Fourth Circuit |
2021-03-11 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
case-remand certiorari concurrent-sentences criminal-procedure eighth-amendment fourth-circuit-judgment jones-v-mississippi judicial-review juvenile-offenders plain-error sentencing supreme-court-procedure |
I. Whether an invalid conviction affects a criminal defendant's substantial rights and must be vacated on plain error review, irrespective of whether … |
| 20-7418 |
Javon Joshua Jennings v. United States |
Eighth Circuit |
2021-03-11 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure due-process government-witness obstruction-of-justice witness-tampering |
hJofy^rb &oho /W" )/ybU) T)oes
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Can J%£ ££&'zCknt&JfJi dvz/j&d' a)/%
/a&y)&7kf & Cvoyesrisn&Ct h), |
| 20-7419 |
Kamil Johnson v. W. E. Mackelburg, Warden |
Fourth Circuit |
2021-03-11 |
Denied |
Response WaivedIFP |
8-usc-2254 constitutional-review criminal-procedure due-process habeas-corpus ineffective-assistance iowa-supreme-court juvenile-sentencing miller-v-alabama post-conviction-relief |
Is whether the Iowa Court of Appeals abused its discretion in denying the habeas corpus petition based upon ineffective assistance of counsel under th… |
| 20-7422 |
Antuan V. Little v. Dan Cromwell |
Seventh Circuit |
2021-03-11 |
Denied |
Response WaivedIFP |
5th-amendment civil-rights constitutional-rights criminal-procedure due-process evidence evidentiary-standards legal-reliability witness-testimony |
Why Lrmé's TREM Counsel INEFFECmyg DN UES Frhuwee To Ch Marctner UC. Fol US TEsTOMOoNy ON THE "PRmR LUnrlomeul HUEGATIOS CE GEvErAL ASSMulT. pois LtiT… |
| 20-7425 |
Cornelius Kenyatta Craig v. Andre Matevousian, Warden |
Sixth Circuit |
2021-03-11 |
Denied |
Response WaivedIFP |
appellate-review constitutional-law criminal-conviction criminal-procedure double-jeopardy due-process fifth-amendment fourteenth-amendment reasonable-doubt sixth-circuit |
1. Whether the United States Court of Appeals for the Sixth Circuit pronouncement on the some evidence standard has departed from accepted and usual c… |
| 20-7429 |
William Davis v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. |
Ninth Circuit |
2021-03-11 |
Denied |
Response WaivedIFP |
appeals-process constitutional-rights criminal-procedure guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mental-examination mental-health post-conviction-relief |
Whether a reasonable jurist could debate whether Petitioner made a substantial claim where: i) Counsel failed to move for mental examination for plead… |
| 20-7432 |
Kevin Leon Lucien v. Texas |
Texas |
2021-03-11 |
Denied |
IFP |
14th-amendment criminal-procedure due-process evidence evidence-admissibility federal-law federal-preemption prosecutorial-discretion state-law |
Whether a state's own articles of law can supercede federal law to further prosecute a defendant in regards to admissable and inadmissable evidence th… |
| 20-7433 |
Randy Philip Chaudron v. Texas |
Texas |
2021-03-11 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure due-process evidence identification law-enforcement-misconduct photo-lineup police-conduct witness-identification |
I. To THE DUE PROCESS CLAUSE VIOLATED WHEN TEAL COURT ALLOWED EVIDENCE, KNOWING THAT LAW ENFORCEMENT BROKE PROCEDURE OF ART. 3020 CP PHOTO LINEUP IDEN… |
| 20-7436 |
Frederick Dale Knight v. Florida |
Florida |
2021-03-11 |
Denied |
Response WaivedIFP |
4th-amendment civil-rights constitutional-rights criminal-procedure due-process fourth-amendment probable-cause reasonable-expectation-privacy search-and-seizure traffic-stop |
Within what narrow istah does a roto- cwwx rau tragic stop arap* the subsequent observation through the- window of stopped veryca£. ftt'jeal' * irg* a… |
| 20-7374 |
Demitrius Wayne Alexander v. Joseph Headley, Warden, et al. |
Eleventh Circuit |
2021-03-10 |
Denied |
Response WaivedIFP |
4th-amendment criminal-procedure due-process ineffective-assistance-of-counsel right-to-counsel search-and-seizure |
whether both state and Federal Courts rulings were in error when evidence search and seizure was used against Petitioner Demitrins wayne Alexander dur… |
| 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 |
natal Ligon the handling of the handling of Yhe
Old, faction roll ebow) me Tne Abba, Lo filid. Pde i owing Adduony/gusitiona deft. tis Wonatalile, Co… |
| 20-7414 |
James Innocent v. United States |
Eleventh Circuit |
2021-03-10 |
Denied |
IFP |
circuit-court criminal-procedure greer-v-united-states judicial-review plain-error rehaif-v-united-states substantial-rights supreme-court-decision trial-record |
Whether when applying plan-error review based upon an intervening United States Supreme Court decision, a circuit court of appeals may review matters … |
| 20-1256 |
Malcolm A. French v. United States |
First Circuit |
2021-03-10 |
Denied |
Response Waived |
abuse-of-discretion appellate-review criminal-procedure impartial-jury juror-bias juror-mendacity mcdonongh-test right-to-jury standard-of-review structural-error |
The first time this case was before the First Circuit, it remanded for further proceedings on French's motion for a new trial made after information s… |
| 20-1240 |
Francisco Javier Palillero v. United States |
Tenth Circuit |
2021-03-09 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
criminal-procedure discovery-sanctions dna-evidence expert-testimony right-to-defense right-to-present-defense rule-16 sixth-amendment |
Whether precluding a criminal defendant's DNA rebuttal expert testimony as a Rule 16(d)(2) sanction for a non-willful violation is compatible with the… |
| 20-1245 |
Pedro Vasquez v. Massachusetts |
Massachusetts |
2021-03-09 |
Denied |
Response Waived |
appellate-counsel contract-obligations contracts-clause criminal-procedure due-process equal-protection fee-advancement impairment indigent-defense sixth-amendment |
1. Whether the Massachusetts Supreme Judicial Court impaired the obligation of a contract in contravention of Article I, sec. 10, cl. 1 of the U.S. Co… |
| 20-7357 |
Raymond Eugene Johnson v. Oklahoma |
Oklahoma |
2021-03-09 |
Denied |
IFP |
collateral-review criminal-defense criminal-procedure defendant-autonomy retroactivity right-of-autonomy sixth-amendment teague-rule teague-v-lane |
In McCoy v. Louisiana , 138 S. Ct. 1500 (2018), this Court held the Sixth Amendment grants a right of autonomy that precludes criminal defendants' law… |
| 20-7372 |
Terry Lee Ockert, Jr. v. United States |
Tenth Circuit |
2021-03-09 |
Denied |
Amici (2)Response WaivedIFP |
appellate-review criminal-procedure federal-rules-of-criminal-procedure good-cause plain-error rule-12 rule-52 suppression-motion |
Whether, under current Rule 12, after a defendant has made a timely motion to suppress evidence that did not include a particular argument, should the… |
| 20-7378 |
Israel Ernesto Palacios v. United States |
Fourth Circuit |
2021-03-09 |
Denied |
IFP |
case-law-interpretation circuit-split constitutional-claim criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel legal-foreshadowing strickland-standard strickland-v-washington |
This case presents a question on which the circuit courts are split: to what extent must a claim to be "sufficiently foreshadowed in existing case law… |
| 20-7379 |
Miguel Angel Corujo Mercado v. Florida |
Florida |
2021-03-09 |
Denied |
IFP |
conspiracy constitutional-protection continuous-act criminal-conspiracy criminal-law criminal-procedure defendant-rights double-jeopardy due-process fifth-amendment multiple-charges |
CAN A CRIMINAL DEFENDANT BE CHARGED AND CONVICTED WITH MULTIPLE CONSPIRACIES FOR A SINGLE CONTINUOUS CONSPIRACY ACT WITHOUT VIOLATING RIGHT TO BE FREE… |
| 20-7386 |
Andrew Chapnick v. United States |
Ninth Circuit |
2021-03-09 |
Denied |
IFP |
28-usc-2255 career-offender career-offender-guideline criminal-procedure federal-habeas-corpus johnson-v-united-states residual-clause section-2255 sentencing statutory-interpretation timeliness-provision |
1. Whether a § 2255 motion filed within one year of
Johnson v. United States, claiming that Johnson
invalidates the residual clause of the pre-Booker
… |
| 20-7388 |
Alejandro De La Torre v. United States |
Fifth Circuit |
2021-03-09 |
Denied |
Response WaivedIFP |
circuit-split criminal-procedure discretionary-review downward-departure due-process sentencing |
Whether the decision of the United States Court of Appeals for the Fifth Circuit ("Fifth Circuit")–which affirmed the District Court's denial of Mr. D… |
| 20-7392 |
James Jermaine Woodfork v. Oklahoma |
Oklahoma |
2021-03-09 |
Denied |
IFP |
6th-amendment actual-innocence appeals constitutional-claim criminal-procedure due-process judicial-review legal-claim oklahoma |
Did the Oklahoma Appeals Court violate Petitioner's 14th Amendment rule in a manner contrary to clearly established Court law by refusing to acknowled… |
| 20-7397 |
William Randolph King v. Thomas Winn, Warden |
Sixth Circuit |
2021-03-09 |
Denied |
IFP |
8th-amendment brady-violation criminal-procedure dna-evidence dna-testing due-process eighth-amendment evidence-suppression prosecutorial-disclosure prosecutorial-misconduct |
Could reasonable jurists debate whether the prosecution committed a Brady violation when it failed to disclose the prior victim's pubic hair found dur… |
| 20-7352 |
In Re Henry Lee Rudolph |
|
2021-03-08 |
Denied |
IFP |
collateral-estoppel constitutional-provisions criminal-procedure double-jeopardy due-process fraud-on-the-court judicial-discretion post-conviction-relief predicate-offense prosecutorial-misconduct supreme-court-discretion |
Did the Utah Supreme Court commit fraud by stating The Framers rights were desired by and Rodelph requested, and by stating Three Tiered banner Violat… |
| 20-7355 |
Cleophus Reed, Jr. v. United States |
Eighth Circuit |
2021-03-08 |
Denied |
IFP |
criminal-procedure exclusionary-rule fourth-amendment probable-cause qualified-immunity search-and-seizure |
Question not identified. |
| 20-7362 |
Charles Braye v. United States |
Eleventh Circuit |
2021-03-08 |
Denied |
Response WaivedIFP |
court-of-appeals criminal-procedure district-court due-process first-step-act opportunity-to-be-heard remand sentence-reduction |
Whether Mr. Braye's due process rights were violated when the court of appeals determined that Mr. Braye was eligible for a sentence reduction under t… |
| 20-7363 |
Lerone Bernard Butler v. United States |
Eleventh Circuit |
2021-03-08 |
Denied |
Response WaivedIFP |
conspiracy controlled-substances criminal-procedure drug-offenses due-process law-enforcement-misconduct possession-with-intent sentencing sufficiency-of-evidence |
WHETHER THE VERDICT OF GUILT WAS SUPPORTED BY SUFFCIENT EVIDENCE TO SUSTAIN A CONVICTION, AND THE EVIDENCE, VIEWED IN A LIGHT MOST FAVORABLE TO THE GO… |
| 20-7364 |
James Baldwin v. Michael Clark, Superintendent, State Correctional Institution at Albion, et al. |
Third Circuit |
2021-03-08 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process effective-counsel equal-protection ineffective-assistance mental-disability sixth-amendment |
1. Whether Appellant was denied rights under the
Sixth and Fourteenth Amendments of the United
States Constitution to effective trial counsel and
w… |
| 20-7369 |
Antonia Janai Hickmon v. United States |
Fifth Circuit |
2021-03-08 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure due-process federal-sentencing judicial-fact-finding jury-trial reasonable-doubt sentencing |
I. Whether facts that affect the minimum or maximum reasonable federal sentence must be proven to a jury beyond a reasonable doubt? |
| 20-7325 |
Eric Todd v. United States |
Sixth Circuit |
2021-03-05 |
Denied |
Response WaivedIFP |
criminal-procedure cross-examination disclosure due-process exculpatory-evidence fair-trial fifth-amendment government-misconduct witness-testimony |
Did the timing and method of the Government's disclosure violate Todd's Fifth Amendment to right to a fair trial, by preventing Todd from finding and … |
| 20-7329 |
Justin L. Knight v. Nebraska |
Nebraska |
2021-03-05 |
Denied |
Response WaivedIFP |
criminal-conviction criminal-procedure evidence-suppression fourteenth-amendment fourth-amendment investigative-stop reasonable-suspicion search-and-seizure traffic-stop |
Whether, under the totality-of-the circumstances test, the police officers in this case had reasonable suspicion that justified an investigative stop … |
| 20-7330 |
James Marcus Lloyd, III v. J. Hutchinson, Warden |
Fourth Circuit |
2021-03-05 |
Denied |
IFP |
922(g) actual-innocence constitutional-rights criminal-procedure due-process grand-jury ineffective-assistance rehaif right-to-trial structural-error |
1. Whether petitioners constitutional right to due process and his constitutional right to, "decide to proceed to trial or, plead guilty " was "denied… |
| 20-7335 |
Raymond E. Carr v. Ed Gonzalez, Sheriff, Harris County, Texas, et al. |
Fifth Circuit |
2021-03-05 |
Denied |
Response WaivedIFP |
appellate-review civil-rights constitutional-law criminal-procedure due-process free-speech government-action habeas-corpus retaliation standing |
Question not identified. |
| 20-7336 |
Donovan Jonathan Tillman v. Florida |
Florida |
2021-03-05 |
Denied |
Response WaivedIFP |
constitutional-rights courtroom-access criminal-procedure due-process evidentiary-hearing pretrial-hearing public-trial-clause sixth-amendment state-court-decision witness-exclusion |
Did the state court, contrary to rulings of this Court and of the supreme and intermediate appellate courts of other states, violate the Public Trial … |
| 20-7340 |
Christopher Welshans v. United States |
Third Circuit |
2021-03-05 |
Denied |
Response WaivedIFP |
civil-rights conflict-of-interest constitutional-jurisdiction criminal-procedure due-process federal-prosecution oath-of-office positive-law standing |
01.) Show cause that in light of the facts presented by Congressman of Ohio
James Traficant to the joint session of congress on March 17, 1993, as re… |
| 20-7341 |
James Coddington v. Jim Farris, Warden |
Tenth Circuit |
2021-03-05 |
Denied |
Amici (1)IFP |
capital-punishment criminal-procedure due-process habeas-corpus harmless-error material-evidence mens-rea right-to-defense right-to-present-defense sixth-amendment |
On direct appeal, the state court found that constitutional error marred the trial, which ended with a death sentence for petitioner. The error—barrin… |
| 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 |
Why was I denied the right to cross-examine my accused attacker, thereby violating my Sixth Amendment right "the accused shall enjoy the right to be c… |
| 20-7306 |
Agustin Madrid, aka Augustin Madrid v. United States |
Fifth Circuit |
2021-03-03 |
Denied |
Response WaivedIFP |
appellate-procedure case-preservation circuit-split criminal-procedure holguin-hernandez-v-united-states judicial-interpretation legal-objection preservation-of-error procedural-unreasonableness sentencing sentencing-review standard-of-review |
1. Whether Holguin-Hernandez v. United States, __U.S.__, 140 S.Ct. 762 (2020), is relevant to the objections necessary to preserve claims of procedura… |
| 20-7308 |
Michael N. Kelsey v. New York |
New York |
2021-03-03 |
Denied |
IFP |
appellate-procedure criminal-appeal criminal-procedure due-process equal-protection ineffective-assistance post-conviction-motion right-to-appeal sentencing-judge-advisement |
Are New York State's criminal appellate procedures deficient, and/or prejudicial to a criminal defendant's due process, equal protection and/or state-… |
| 20-7312 |
Raevon Terrell Parker v. John Pickens, et al. |
Eighth Circuit |
2021-03-03 |
Denied |
IFP |
4th-amendment civil-rights criminal-procedure due-process probable-cause search-and-seizure |
The queestruo presented is was there probable cause
Subject the apellant to cred and unusucl punishment b
arresting the appellent when the charo ws on… |
| 20-7313 |
Leonard Glen Overmyer, III v. United States |
Sixth Circuit |
2021-03-03 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
criminal-procedure due-process habeas-corpus ineffective-counsel judicial-discretion post-conviction-relief sentencing sentencing-error supervised-release |
Whether a Defendant should be allowed to seek a reduction of, or discharge from, an imposed supervised release after being improperly sentenced, and r… |
| 20-1218 |
Demetrius William Edwards, et al. v. Sherry Burt, Warden, et al. |
Sixth Circuit |
2021-03-03 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
is entitled to habeas relief thereby giving rise to a presumption of prejudice counsel-deprivation criminal-procedure critical-stage habeas-corpus ineffective-assistance-of-counsel prejudice-presumption presumption-of-prejudice right-to-counsel sixth-amendment |
During an overnight recess in Demetrius Edwards's and Bryant Royster's bench trial, the judge made an independent, nighttime visit to the crime scene,… |
| 20-1209 |
In Re Raymond L. Rogers |
|
2021-03-02 |
Denied |
Response Waived |
all-writs-act appeals appellate-jurisdiction circuit-court criminal-procedure due-process jurisdiction jurisdictional-challenge sentencing statutory-authority statutory-interpretation |
Your Petitioner is [requesting] and [praying] for this United States Supreme Court to exercise its supervisory appellate powers pursuant-to 28 U.S.C. … |
| 20-7290 |
Michael Scott Hanuman v. United States |
Eighth Circuit |
2021-03-02 |
Denied |
Response WaivedIFP |
criminal-procedure emergency-aid emergency-aid-doctrine fourth-amendment law-enforcement protective-sweep reasonable-suspicion search-and-seizure |
This Court has held that when law enforcement officers are lawfully present within a private home to make an arrest, the Fourth Amendment permits a pr… |
| 20-7291 |
John L. Harris v. Illinois |
Illinois |
2021-03-02 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
constitutional-rights criminal-procedure due-process guilty-plea non-consensual-reinstatement plea-bargaining plea-opportunity presumption-of-innocence sentencing trial-court |
Whether a trial court's non-consensual reinstatement of a defendant's guilty plea, without admonishments or the opportunity to plead anew, violates th… |
| 20-7294 |
James Peter Sabatino v. United States |
Eleventh Circuit |
2021-03-02 |
Denied |
Response WaivedIFP |
11th-circuit appeal appellate-procedure civil-rights communication-rights criminal-procedure district-court due-process mootness statutory-interpretation |
WHETHER THE ELEVENTH CIRCUIT COURT OF APPEALS ERRED IN DISMISSING PETITIONER'S APPEAL AS MOOT, IN THAT THE DISTRICT COURT'S SUBSEQUENT RULING REAUTHOR… |
| 20-7300 |
Robbull Bryant v. United States |
Second Circuit |
2021-03-02 |
Denied |
Relisted (2)IFP |
2nd-amendment constitutional-challenge conviction criminal-procedure due-process guilty-plea plain-error rehaif rehaif-error second-circuit standing |
Whether the Second Circuit Court of Appeals erred, in violation of U.S. Const. V and VI and this Court's decision in Rehaif when it denied Bryant's co… |
| 20-7307 |
In Re Wayne M. Beaton |
|
2021-03-02 |
Dismissed |
Relisted (2)IFP |
civil-rights constitutional-law criminal-procedure custody-interrogation due-process federal-jurisdiction habeas-corpus miranda-rights |
Has the state appellate Court decided an important constitutional-federal Miranda rights question in a way that conflicts with the relevant decision(s… |
| 20-7276 |
Russell Lawayne Montague v. United States |
Fifth Circuit |
2021-03-01 |
Denied |
Response WaivedIFP |
controlled-substance criminal-procedure due-process protective-order sentencing-disparities sentencing-factors sentencing-guidelines sentencing-review supervised-release |
1) Whether the district court ordered an unreasonably long 114-month prison sentence.
2) Whether the district court erred by finding Mr. Montague gui… |
| 20-7282 |
Earl Malloy v. United States |
Second Circuit |
2021-03-01 |
Denied |
IFP |
18-usc-922g criminal-law criminal-procedure due-process firearms-offense guilty-plea rehaif-standard rehaif-v-united-states sentencing statutory-interpretation |
Whether this petition should be held pending the decision in United States v. Gary, No. 20-444, given that both this petition and Gary present the sam… |
| 20-7284 |
Tyrell Donte Curry v. United States |
Eleventh Circuit |
2021-03-01 |
Denied |
Amici (2)IFP |
armed-career-criminal-act categorical-approach controlled-substance criminal-procedure mens-rea serious-drug-offense statutory-interpretation |
Whether the drug conduct in the Armed Career Criminal Act's "serious drug offense" definition in 18 U.S.C. § 924(e)(2)(A)(ii) requires knowledge of th… |
| 20-7286 |
Kashus Davis v. United States |
Eleventh Circuit |
2021-03-01 |
Denied |
IFP |
18-usc-924 armed-career-criminal-act controlled-substance criminal-law criminal-procedure mens-rea serious-drug-offense statutory-interpretation |
Whether the drug conduct in the Armed Career Criminal Act's "serious drug offense" definition in 18 U.S.C. § 924(e)(2)(A)(ii) requires knowledge of th… |
| 20-7288 |
Nazari Vasilich Cam v. Oregon |
Oregon |
2021-03-01 |
Denied |
Response WaivedIFP |
appellate-procedure criminal-procedure due-process fourteenth-amendment halbert-v-michigan indigent-defendant right-to-counsel sua-sponte-appointment swenson-v-bosler |
Whether a state appellate court must appoint counsel sua sponte for an indigent criminal defendant who represents himself at trial, files a notice of … |
| 20-1196 |
Benjamin McClellan v. Ohio |
Ohio |
2021-03-01 |
Denied |
|
5th-amendment confession-suppression constitutional-rights criminal-procedure due-process evidence-admissibility involuntary-confession motion-to-suppress police-interrogation standard-of-review |
Whether the denial of petitioner's Motion to Suppress his confession was proper. |
| 20-7250 |
Eunice Husband v. United States |
Seventh Circuit |
2021-02-26 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure due-process federal-rules-of-criminal-procedure ineffective-assistance-of-counsel judicial-bias plain-error supervised-release united-states-constitution |
The fortcommitted Federal hule of Criminal Procedure 52 (b) Plain Error
I. Bias and Abandonment of judicial role by Distict Judge
Appellate Court fa… |
| 20-7259 |
Juan Garcia v. United States |
Tenth Circuit |
2021-02-26 |
Denied |
Response WaivedIFP |
certificate-of-appealability compulsory-process constitutional-rights criminal-procedure district-court due-process effective-assistance-of-counsel section-2255 sixth-amendment |
1. Was petitioner denied his Constitutional right to effective assistance of counsel during his trial, that is guaranteed by the Sixth Amendment of th… |
| 20-7261 |
Randell Joseph Redmond v. United States Court of Appeals for the Fifth Circuit |
Fifth Circuit |
2021-02-26 |
Denied |
Relisted (2)IFP |
civil-rights constitutional-rights criminal-procedure due-process equal-protection free-speech just-compensation property-rights standing takings-clause tax-foreclosure |
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£}//>titiOr? /£ #£A/t*2>* t£> *~r7 (jJ%> A*?#/ A 3Ad tip /r?t>A*'7 /r7/3jA4r#e£As'/Z-&A eA<5ss?/^5 rtj?) 4
0^… |
| 20-7268 |
Jason P. Briscoe v. United States |
Tenth Circuit |
2021-02-26 |
Denied |
Response WaivedIFP |
civil-rights constitutional-review criminal-procedure fourth-amendment police-discretion pretextual-stop pretextual-stops probable-cause traffic-violation whren-v-united-states |
Whether this Court's decision in Whren v. United States, 517 U.S. 806 (1996), which permits pretextual traffic stops so long as the police have probab… |
| 20-7270 |
Keith D. Barmore v. Sonja Nicklaus, Warden |
Seventh Circuit |
2021-02-26 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process fair-trial first-degree-murder ineffective-assistance ineffective-assistance-of-counsel involuntary-manslaughter jury-instructions prosecutorial-misconduct |
Whether Petitioner was deprived of his due-process of law, and a fair trial, where the trial court never orally read the jury instructions to the jury… |
| 20-7272 |
Tyslen J. Baker v. United States |
Sixth Circuit |
2021-02-26 |
Denied |
Response WaivedIFP |
arrest-warrant civil-rights constitutional-rights criminal-procedure fourth-amendment law-enforcement probable-cause search-and-seizure |
Does a police officer violate a defendant's Fourth Amendment rights by executing an arrest warrant consisting of bare bones allegations lacking in pro… |
| 20-7273 |
Patrick Roger Brigaudin v. United States |
Eighth Circuit |
2021-02-26 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process fair-trial plea-bargaining prosecutorial-discretion prosecutorial-misconduct sentencing sentencing-enhancement sixth-amendment |
iOhLtbtr flu pr&seci&.t'ofa thctcjfd to cl, dtftndanf that- he
lO&tL'ld. rectrVe. h'-ft 5-cofence (f ht d:d not accept cl
p{tQ_ tf-f fer cLto (td. h<… |
| 20-7274 |
Michael Diabolis Griffis, Sr. v. Les Parish, Warden |
Sixth Circuit |
2021-02-26 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure due-process faretta-standard federal-courts pro-se pro-se-representation right-to-counsel sixth-amendment |
I. WHETHER THE SIXTH CIRCUIT COURT OF APPEALS DECISION CONFLICTS WITH CLEARLY ESTABLISHED LAW IN FARETTA V. CALIFORNIA AND CONFLICTS WITH THE DECISION… |
| 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 under 28 U.S.C. § 2253(c) on his claim that his counsel r… |
| 20-7228 |
Leroy Pooler v. Florida |
Florida |
2021-02-25 |
Denied |
IFP |
criminal-procedure death-penalty due-process eighth-amendment fourteenth-amendment hurst-v-state state-v-poole statutory-construction substantive-law |
1. Does the Florida Supreme Court's statutory construction in Hurst v. State constitute substantive law and, if so, does the Due Process Clause of the… |
| 20-7247 |
Walter Eugene Powell v. United States |
Sixth Circuit |
2021-02-25 |
Denied |
Response WaivedIFP |
4th-amendment appellate-review civil-rights constitutional-law criminal-law criminal-procedure due-process federal-procedure search-and-seizure standing statutory-interpretation |
Question not identified. |
| 20-7248 |
Jonathan Lee Page v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2021-02-25 |
Denied |
IFP |
constitutional-law court-limitation criminal-procedure independent-act ineffective-assistance ineffective-assistance-of-counsel jury-instruction jury-instructions legal-objection primary-offense primary-offenses trial-procedure |
1. Whether counsel was ineffective when he failed to timely object to the lower court expressly limiting the independent act jury instruction to the p… |
| 20-7251 |
Eric Lyle Williams v. Texas |
Texas |
2021-02-25 |
Denied |
Amici (1)IFP |
criminal-procedure death-penalty due-process fair-trial prosecutor-bias prosecutorial-misconduct recusal structural-error |
(1) Does the participation of a conflicted and recused prosecutor in a death penalty trial violate due process?
(2) Does the undisclosed participatio… |
| 20-7253 |
Nancy Cole v. United States |
Ninth Circuit |
2021-02-25 |
Denied |
IFP |
constitutional-limits criminal-law criminal-procedure drug-statutes due-process fifth-amendment mandatory-minimum mens-rea sentencing statutory-interpretation strict-liability |
1. Whether the knowingly mens rea in the federal drug statutes, 21 U.S.C. §§ 841, 960, applies to the elements of drug type and quantity that establis… |
| 20-7254 |
Juan Valenzuela v. L. Small, Warden |
Ninth Circuit |
2021-02-25 |
Denied |
Response WaivedIFP |
9th-circuit brady-violation criminal-justice-act criminal-procedure due-process federal-habeas federal-habeas-corpus habeas-corpus in-forma-pauperis ninth-circuit-review police-misconduct writ-of-certiorari |
Whether, in affirming a district court's denial of federal habeas relief under 28 U.S.C. § 2254(d), the Ninth Circuit unreasonably applied this Court'… |
| 20-7255 |
Samuel Zubia-Olivas v. United States |
Fifth Circuit |
2021-02-25 |
Denied |
Response WaivedIFP |
Almendarez-Torres case-law criminal-procedure due-process fifth-circuit judicial-review jury-trial precedent sentencing Supreme-Court writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 20-7256 |
James Timothy Cobb v. United States |
Fourth Circuit |
2021-02-25 |
Denied |
Response WaivedIFP |
4th-amendment appellate-review criminal-procedure district-court fourth-circuit motion-to-suppress pretrial-motion search-and-seizure standard-of-review |
Whether the United States Court of Appeals for the Fourth Circuit erred when it affirmed the district court's denial of Appellant's pretrial motion to… |
| 20-7257 |
Tito Knox v. Elizabeth G. Magera, U.S. Probation Officer, Individually and in Her Official Capacity, et al. |
Fourth Circuit |
2021-02-25 |
Denied |
Response WaivedIFP |
criminal-procedure double-jeopardy due-process fifth-amendment jurisdiction standing |
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| 20-1186 |
Dynasty Group, Inc. v. Stephen Smith, Trustee for Bankruptcy Estate of Heritage Real Estate Investment Corporation |
Alabama |
2021-02-25 |
Denied |
|
criminal-procedure jury-selection prejudicial-statements reversible-error trial-judge voir-dire |
Whether the Trial Judge The Trial Judge Committed Reversible Error When He Refused to Strike the Jury Venire Due to the Taint of Prejudicial Statement… |
| 20-1187 |
Leon Carmichael, Sr. v. United States |
Eleventh Circuit |
2021-02-25 |
Denied |
Response Waived |
constitutional-rights contemporaneous-evidence criminal-procedure due-process hill-v-lockhart ineffective-assistance ineffective-assistance-of-counsel plea-bargaining prejudice-test sentencing-guidelines |
Question One: What additional objective and evidentiary evidence is required to satisfy "the prejudice test" that this Court articulated in "Missouri … |
| 20-7216 |
Antwan Seawood v. United States |
Eighth Circuit |
2021-02-24 |
Denied |
Response WaivedIFP |
abuse-of-discretion criminal-procedure criminal-sentencing dismissed-charges fifth-amendment sentencing sentencing-discretion sixth-amendment |
Did the District Court abuse its discretion and violate Appellant's Fifth and Sixth Amendment rights by sentencing him to a term of 240 months based u… |
| 20-7225 |
Derek Michael Rigsby v. Colorado |
Colorado |
2021-02-24 |
Denied |
IFP |
criminal-procedure criminal-trial double-jeopardy due-process jury-instructions jury-verdict legal-remedy mutually-exclusive-verdicts sixth-amendment |
Whether the Due Process Clause and the Sixth Amendment require that a defendant receive a new trial where a jury returns mutually exclusive guilty ver… |
| 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… |
| 20-7232 |
Raul Almanza-Portillo v. United States |
Fifth Circuit |
2021-02-24 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 20-7195 |
Javan Fredrick Mays, aka Von Frederick Mayes v. Scott Lewis, Warden |
Fourth Circuit |
2021-02-23 |
Denied |
Response WaivedIFP |
appellate-review brady-violation constitutional-rights criminal-procedure due-process post-conviction-relief procedural-barriers prosecutorial-misconduct right-to-counsel subject-matter-jurisdiction suppressed-evidence |
vaAV\ e.W\ £f +Vi<£ peVt-fvo \ne.c^ £-ovw{ '£,-V-tov r\ s
(fi '^r\v€. SY<3i\r£ fouVeA fo pfovi A-€ VuvYvAVte. ViM-i fYi^s
vY\eAi£-d\ 'CeCof As uik'« … |
| 20-7197 |
Roberto Elias Martinez v. United States |
Fifth Circuit |
2021-02-23 |
Denied |
Response WaivedIFP |
criminal-procedure district-court due-process maximum-term plain-error plea-bargaining plea-colloquy sentencing statutory-maximum |
Whether plain error resulted from the district court erroneously advising the client during plea colloquy that the maximum term of imprisonment was 10… |
| 20-7213 |
Nathan Ray Dent v. United States |
Ninth Circuit |
2021-02-23 |
Denied |
Relisted (2)IFP |
armed-bank-robbery armed-robbery circuit-split crime-of-violence criminal-procedure due-process federal-sentencing habeas-corpus predicate-offense statutory-interpretation united-states-v-davis |
I. The government concedes that one of the possible predicate offenses used to convict Petitioners under 18 U.S.C. § 924(c) —conspiracy—is not a § 924… |
| 20-7220 |
Antonio Diaz-Agurcia v. United States |
Fifth Circuit |
2021-02-23 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum |
Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 20-7221 |
William David Cannon v. Harold W. Clarke, Director, Virginia Department of Corrections |
Fourth Circuit |
2021-02-23 |
Denied |
Response WaivedIFP |
aggregate-prejudice criminal-procedure cumulative-effect due-process fourth-circuit ineffective-assistance ineffective-assistance-of-counsel sixth-amendment strickland-standard strickland-v-washington |
Whether the Fourth Circuit's judicial precedence of not reviewing multiple ineffective assistance of counsel claims for the cumulative effect and aggr… |
| 20-7194 |
Lamar Johnson v. United States |
Ninth Circuit |
2021-02-23 |
Denied |
Relisted (2)IFP |
appellate-review criminal-procedure judicial-discretion plain-error-review rehaif-v-united-states substantial-rights supreme-court-decision trial-record |
"Whether when applying plain-error review based upon an intervening United States Supreme Court decision, a circuit court of appeals may review matter… |
| 20-7189 |
Bernard Thomas v. United States |
Second Circuit |
2021-02-22 |
Denied |
Relisted (2)IFP |
brief-filing counsel-assignment criminal-justice-act criminal-procedure exclusionary-rule federal-defenders fourth-amendment harmless-error local-rule search-and-seizure standing |
Question not identified. |
| 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 |
IN ORCDER FOR THE SENTENCING COURT TO DEPART
FROM THE CONCURCENT SENTENCES REQUIREMENT
IN .R.S. S18-1-HOB(3) DOES COOVECNMENT
MUST ENTER FACTUAL BASIS… |
| 20-7192 |
Phillip Vance Smith, II v. Josh Stein, et al. |
Fourth Circuit |
2021-02-22 |
Denied |
Response WaivedIFP |
civil-rights constitutional-review criminal-procedure death-penalty due-process fourth-circuit habeas-corpus ineffective-assistance-of-counsel retroactivity sixth-amendment teague-doctrine |
Whether the rule announced in McCoy v. Louisiana, 138 U.S. 1500 (2018) applies retroactively to cases on collateral review. |
| 20-7200 |
Michael Burciaga v. Raymond Madden, Warden |
Ninth Circuit |
2021-02-22 |
Denied |
Response WaivedIFP |
aedpa criminal-procedure due-process gang-evidence habeas-corpus jackson-v-virginia ninth-circuit premeditation standard-of-review |
Under California law, premeditation requires more than just intent to kill; it requires "careful thought," as a "deliberate judgment or plan," carried… |
| 20-7202 |
Deon Anthony Romell Bailey v. United States |
Eighth Circuit |
2021-02-22 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-counsel ninth-circuit plea-bargaining post-conviction sentencing sixth-amendment |
Did the Eighth Circuit improperly deny Petitioner's Sixth Amendment right to effective assistance of counsel by failing to remand to the district cour… |
| 20-7206 |
Pedro Gonzalez-Mendoza v. United States |
Fifth Circuit |
2021-02-22 |
Denied |
Response WaivedIFP |
2015-amendment criminal-procedure criminal-sentencing district-court-discretion extraneous-factors mitigating-role sentencing-adjustment sentencing-guidelines u-s-sentencing-commission unrelated-cases |
DID THE DISTRICT COURT ERR BY FINDING THAT MR. GONZALEZ-MENDOZA WAS NOT ELIGIBLE FOR A MITIGATING ROLE ADJUSTMENT PURSUANT TO U.S.S.G. §3B1.2?
DID TH… |
| 20-7207 |
Manuel de Jesus Gordillo-Escandon v. United States |
Fourth Circuit |
2021-02-22 |
Denied |
IFP |
criminal-indictment criminal-procedure due-process interstate-agreement-detainers interstate-agreement-on-detainers-act judicial-procedure jurisdiction speedy-trial-act statutory-interpretation trial-timing |
1. Did the district court err when it failed to dismiss the indictment under the Speedy Trial Act ("STA"), 18 U.S.C. §§ 3161-3174, when the trial did … |
| 20-7168 |
Loren Joel McReynolds v. United States |
Ninth Circuit |
2021-02-19 |
Denied |
Response WaivedIFP |
appeal appellate-review base-offense-level criminal-procedure firearms-offense reasonableness-standard sentencing sentencing-guidelines standard-of-review ussg-2k2.1 |
I. Whether The Court's Calculation Of McReynolds' Base Offense Level Was Erroneous?
II. Whether The Court Erred In Denying A Reduction In The Offense… |
| 20-7170 |
In Re Abhijit Prasad |
|
2021-02-19 |
Denied |
Relisted (2)IFP |
civil-procedure criminal-procedure due-process habeas-corpus judicial-review mandamus pro-se standing supervised-release |
Question not identified. |
| 20-7177 |
Sandra Doyle v. United States |
Fifth Circuit |
2021-02-19 |
Denied |
Response WaivedIFP |
acceptance-of-responsibility criminal-procedure due-process post-arrest-interview prosecutorial-discretion relevant-conduct safety-valve sentencing witness-testimony |
1. Is it a denial of due process to sentence petitioner to additional imprisonment based on a finding that she lied or minimized in her safety-valve i… |
| 20-7178 |
Nolan C. Turner, III v. Louisiana |
Louisiana |
2021-02-19 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-defense criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel post-conviction-relief retroactivity right-to-counsel second-degree-murder trial-counsel |
Over Turner's objection, trial counsel told the jury the offense committed in this case was a general intent second degree murder and not the charged … |
| 20-7181 |
Quincy O'Neill Taylor v. United States |
Fourth Circuit |
2021-02-19 |
Denied |
Response WaivedIFP |
18-usc-924(c) criminal-procedure drug-trafficking firearm firearm-possession government-burden-of-proof ineffective-assistance-of-counsel statutory-interpretation united-states-v-dye united-states-v-frady |
The Statute 18 U.S.C.924 (c)(1)(A) which states:
Except to the extent that'a -greater minimumsentence is otherwise
provided by this subsection or by… |
| 20-7183 |
Shameke Walker v. United States |
Second Circuit |
2021-02-19 |
Denied |
Relisted (2)IFP |
18-usc-924c armed-career-criminal-act crime-of-violence criminal-law criminal-procedure federal-criminal-procedure hobbs-act hobbs-act-robbery identification-evidence jury-instruction plain-error violent-crime |
1. Should the Court grant certiorari to review whether Hobbs Act robbery, 18 U.S.C. § 1951(b), categorically fails to constitute "a crime of violence"… |
| 20-7186 |
Brian Dale Lee v. United States |
Fourth Circuit |
2021-02-19 |
Denied |
Response WaivedIFP |
5k2.1-motion appellate-review criminal-procedure district-court fourth-circuit judicial-discretion sentencing sentencing-guidelines |
Whether the Fourth Circuit court erred in finding that the district court's consideration of conduct raised in a 5k2.1 motion was appropriate? |
| 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… |
| 20-1124 |
Michael Don Leatherwood v. Jeorld Braggs, Jr., Warden |
Tenth Circuit |
2021-02-17 |
Denied |
|
affidavit criminal-procedure due-process fair-warning ineffective-assistance judicial-discretion probation probation-conditions statutory-construction statutory-interpretation |
Was Petitioner subject to the release conditions of probation while he was in prison?
Does the statute which defines probation as "a procedure by whi… |
| 20-1125 |
Antonio Devoe Jones v. Alabama |
Alabama |
2021-02-17 |
Denied |
|
6th-amendment alabama-law constitutional-rights criminal-procedure death-penalty due-process ineffective-assistance mitigation-evidence mitigation-investigation |
1. Was Petitioner deprived of his constitutional right to effective counsel after his defense lawyers misunderstood controlling Alabama law and mistak… |
| 20-1127 |
Joseph Louis Paduano v. Virginia |
Virginia |
2021-02-17 |
Denied |
Response Waived |
14th-amendment constitutional-rights criminal-procedure due-process fifth-amendment fourteenth-amendment grand-jury incorporation state-courts state-criminal-proceedings |
A. Should Hurtado v. California be overruled?
B. Does the right to a grand jury indictment conferred by the Fifth Amendment to the United States Cons… |
| 20-1129 |
Scott Phillip Flynn v. United States |
Eighth Circuit |
2021-02-17 |
Denied |
Amici (1) |
constitutional-rights criminal-procedure due-process guilty-plea irs jury-trial klein-conspiracy restitution seventh-amendment sixth-amendment |
L. Whether the due process clause of the United States Constitution, as discussed in McCarthy v. United States, 394 U.S. 459 (1969) and more recent de… |
| 20-7166 |
Charles J. Jordan v. United States |
District of Columbia |
2021-02-17 |
Denied |
Response WaivedIFP |
civil-rights court-jurisdiction criminal-procedure due-process equal-protection grand-jury grand-jury-selection judicial-review jurisdiction |
1. Whether the D.C. Court of Appeals is interpreting D.C. Code § 1-204 right when it is allowing the D.C. Superior Court to modify Federal Rules and i… |
| 20-7171 |
Luis Javier Correa-Figueroa, aka Barney, aka Gordo v. United States |
First Circuit |
2021-02-17 |
Denied |
Response WaivedIFP |
criminal-intent criminal-procedure district-court-ruling evidence evidence-exclusion federal-property intent motion-for-acquittal procedural-error self-defense use-of-force |
(A) WHETHER THE DISTRICT COURT COMMITTED A
PROCEDURAL ERROR WHEN IT EXCLUDED EVIDENCE THAT
PETITIONER WAS SHOT 11 TIMES, AND AS HE WAS TRYING
TO EVADE… |
| 20-7172 |
Dakota Manucy Constantin v. Florida |
Florida |
2021-02-17 |
Denied |
Response WaivedIFP |
advisory-guidelines criminal-procedure due-process fifth-amendment judicial-discretion sentencing sentencing-guidelines sixth-amendment uncharged-conduct |
WAS CONSTANTIN DENIED DUE PROCESS WHEN THE SENTENCING COURT RELIED UPON UNCHARGED CONDUCT IN IMPOSING A SENTENCE IN EXCESS OF THAT RECOMMENDED BY THE … |
| 20-7174 |
Antonio Lopez v. Texas |
Texas |
2021-02-17 |
Denied |
Response WaivedIFP |
coerced-confession confession-voluntariness criminal-procedure due-process family-coercion family-member interrogation police-interrogation probable-cause truthful-statements |
1. Whether a threat to arrest, or a promise not to arrest, a member of a suspect's family, depending only on his willingness to confess to a crime, re… |
| 20-7148 |
Benjamin W. Fawley v. David Jablonski, et al. |
Tenth Circuit |
2021-02-16 |
Denied |
IFP |
civil-procedure constitutional-violations contracts-clause criminal-procedure double-jeopardy due-process habeas-corpus pro-se procedural-errors sentencing standing takings |
Question not identified. |
| 20-7150 |
Creadell Hubbard v. Charles Ratledge, Warden |
Fourth Circuit |
2021-02-16 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure due-process federal-jurisdiction sentencing statutory-interpretation |
Question not identified. |
| 20-7151 |
Hamid Michael Hejazi v. Clifton Harrold, Sheriff, Lane County, Oregon |
Ninth Circuit |
2021-02-16 |
Denied |
IFP |
bail civil-rights constitutional-claims criminal-procedure cruel-and-unusual-punishment due-process habeas-corpus ineffective-counsel speedy-trial state-court-review |
Did the V.S. Coust of Appeals for the Ninth Grcuit err when it denied the certificate of appealibility whereas there were in-set before the istrict co… |
| 20-7152 |
Brian Hook v. Indiana |
Indiana |
2021-02-16 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process guilty-plea habitual-offender ineffective-assistance ineffective-assistance-of-counsel sentencing sixth-amendment |
Whether the Indiana Courts erred denying Petitioner was deprived of effective assistance of counsel in violation of the Fifth, Sixth, and Fourteenth A… |
| 20-7156 |
Faizal Sabar, aka Brian Pimentel v. United States |
Fifth Circuit |
2021-02-16 |
Denied |
Response WaivedIFP |
criminal-procedure discretionary-review evidentiary-hearing guilty-plea supervisory-powers united-states-court-of-appeals |
Whether the decision of the United State s Cour t of Appeals for the Fifth Circuit
("Fifth Circuit")–whi ch affirmed the District Cour t's denial of M… |
| 20-7158 |
Raymond J. Ramirez v. Mark S. Inch, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2021-02-16 |
Denied |
Response WaivedIFP |
appeals appellate-review certificate-of-appeal criminal-procedure due-process florida-rules habeas-corpus judicial-discretion jurisdiction jurisdictional-challenge standing |
WHETHER A CERTIFICATE OF APPEALABILITY
SHOULD HAVE BEEN GRANTED ?
WHETHER RULE 3.I9I (J), FLORIDA RULES OF
CRIMINAL PROCEDURE, IS TRULY JURISDICTIONA… |
| 20-7160 |
Emmett Garrison, IV v. Louisiana |
Louisiana |
2021-02-16 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
constitutional-rights criminal-procedure due-process eighth-amendment juvenile-offenders juvenile-sentencing life-without-parole presumption sentencing sentencing-discretion |
If the Eighth Amendment forbids automatic life without parole sentences for juvenile offenders, does a sentencing court have the discretion to impose … |
| 20-7164 |
Marcelino Hernandez-Martinez v. United States |
Fifth Circuit |
2021-02-16 |
Denied |
Response WaivedIFP |
appeals criminal-procedure drug-offenses due-process sentencing supervisory-powers |
Whether the decision of the United State s Cour t of Appeals for the Fifth Circuit ("Fifth Circuit")–whi ch affirmed the significant increase of the b… |
| 20-1122 |
Edward B. Fleury v. Massachusetts |
Massachusetts |
2021-02-16 |
Denied |
Response Waived |
14th-amendment 2nd-amendment 5th-amendment criminal-procedure double-jeopardy due-process law-enforcement second-amendment statutory-interpretation vagueness |
1. Whether Massachusetts gun storage law M.G.L. c. 140, § 131L, providing enhanced penalties for different types of firearms, is unconstitutionally va… |
| 20-1116 |
Anthony Seward v. United States |
First Circuit |
2021-02-12 |
Denied |
|
criminal-procedure criminal-venue due-process federal-criminal-law federalism interstate-registration sex-offender-registration statutory-interpretation venue venue-jurisdiction |
A registered sex offender who changes residence from one state to another must register in the new state within three business days of arrival. 34 U.S… |
| 20-7128 |
Teodoro Reynosa-Denova v. United States |
Fifth Circuit |
2021-02-12 |
Denied |
Response WaivedIFP |
case-review constitutional-law criminal-procedure due-process fifth-circuit judicial-precedent jury-trial legal-procedure sentencing stare-decisis supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 20-7133 |
Anthony Reed v. Dexter Payne, Director, Arkansas Division of Correction |
Eighth Circuit |
2021-02-12 |
Denied |
Response WaivedIFP |
civil-rights constitutional-amendment criminal-procedure due-process fourteenth-amendment grand-jury habeas-corpus prosecutorial-discretion structural-defects |
1. Authority to File
The Arkansas Constitutional Amendment No. 21 States:
Section 1. Prosecution by indictment or Information - all offenses
heretofo… |
| 20-7137 |
Jerald Dean Godwin v. United States |
Eleventh Circuit |
2021-02-12 |
Denied |
Relisted (2)IFP |
28-usc-2255 appellate-review bank-robbery crime-of-violence crimes-of-violence criminal-procedure due-process fundamental-fairness habeas-corpus meaningful-review section-2255 |
I. Does the Eleventh Circuit's practice of applying published panel orders —issued in the context of an application for leave to file a second or succ… |
| 20-7138 |
Patrick Begay v. United States |
Tenth Circuit |
2021-02-12 |
Denied |
Response WaivedIFP |
18-usc-3553 aggravated-assault criminal-procedure federal-sentencing guidelines judicial-discretion native-american native-american-defendants sentencing sentencing-guidelines statutory-interpretation united-states-sentencing-commission |
In carrying out the mandate of 18 U.S.C. § 3553(a) to impose a sentence that is "sufficient but not greater than necessary on a defendant," may a dist… |
| 20-7139 |
Chayce Aaron Anderson v. Colorado |
Colorado |
2021-02-12 |
Denied |
IFP |
burden-of-proof constitutional-rights criminal-procedure double-jeopardy due-process fair-trial ineffective-assistance ineffective-assistance-of-counsel right-to-counsel substitute-counsel |
1. Whether the Appellate Court abused its discretion in denying Mr. Anderson's request for the appointment of substitute Counsel since defense Counsel… |
| 20-7140 |
Cesar Raul Aceves v. United States |
Ninth Circuit |
2021-02-12 |
Denied |
Response WaivedIFP |
criminal-law criminal-procedure immigration immigration-law mens-rea rehaif-v-united-states status-elements statutory-interpretation united-states-v-rehaif unlawful-reentry |
18 U.S.C. § 922(g) prohibits individuals falling into particular status categories from possessing firearms or ammunition. Rehaif v. United States, 58… |
| 20-7141 |
Curtis Jerome Brown, Sr. v. United States |
Fourth Circuit |
2021-02-12 |
Denied |
Response WaivedRelisted (2)IFP |
civil-rights constitutional-claim criminal-procedure due-process evidentiary-ruling federal-review fraud habeas-corpus judicial-procedure standing state-court |
Can this Court fund pro tunc Release me under libers ouFt orderFr Discharge From SAil JAn3!,1997 Strete
Should the Federal Courtshould have let the S… |
| 20-7142 |
Lewis R. Fox v. David W. Gray, Warden |
Sixth Circuit |
2021-02-12 |
Denied |
Response WaivedIFP |
certificate-of-appealability criminal-procedure due-process felonious-assault habeas-corpus insufficient-evidence merits-review sixth-circuit |
Lewis Fox's federal habeas corpus petition case (Insufficient Evidence Claim) raises a pressing issue of national importance: Did the United States Co… |
| 20-7145 |
Rasheik Amond Harris v. United States |
Eighth Circuit |
2021-02-12 |
Denied |
IFP |
appellate-review criminal-law criminal-procedure due-process felon-in-possession firearm-offense jury-instructions mens-rea plain-error |
Whether a defendant who was found guilty after a jury trial to possessing a firearm as a felon, in violation of 18 U.S.C. 922(g), is automatically ent… |
| 20-7147 |
Joe Angel Acosta, III v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-02-12 |
Denied |
IFP |
civil-rights constitutional-claims criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-instructions post-conviction-relief procedural-default sufficiency-of-evidence |
Does this Court's holding in Cole v. Arkansas 68 S.Ct 514 constitute "Actual Innocence" or "Miscarriage of Justice" to excuse procedural default? |
| 20-7111 |
Carlos Lopez-Vanegas v. Pennsylvania |
Pennsylvania |
2021-02-11 |
Denied |
IFP |
appeals civil-rights constitutional-rights criminal-defense criminal-procedure due-process evidence-presentation judicial-interpretation jurisdiction jury-trial state-court |
Should be purved n apped process totlly regerded to Direct Appea be properly-conpetent exected Whers the mess rea and actus rea have wotbees presested… |
| 20-7112 |
Hector Miguel Martinez-Carrillo v. United States |
Fifth Circuit |
2021-02-11 |
Denied |
Response WaivedIFP |
case-law constitutional-law criminal-appeal criminal-procedure due-process fifth-circuit judicial-precedent precedent sentencing supreme-court supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 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 |
I. Does the admission into evidence of a non-testifying co-defendant's plea agreement which includes a statement implicating the defendant on trial as… |
| 20-7118 |
Terry Allen Miles v. United States |
Fifth Circuit |
2021-02-11 |
Denied |
Response WaivedIFP |
5th-amendment 6th-amendment constitutional-rights criminal-procedure due-process evidence fifth-amendment sentencing sentencing-procedure sixth-amendment |
Did the trial court violate the 5th and 6th Amendments to the Constitution of the United States in overruling Petitioner's objection to the inclusion … |
| 20-7124 |
George Skylar Cloud v. United States |
Ninth Circuit |
2021-02-11 |
Denied |
Response WaivedIFP |
criminal-procedure district-court-discretion evidence evidence-admission federal-charges federal-criminal-law firearm-discharge guilty-plea sentencing separation-of-powers |
Did the district court error when it allowed the government to introduce into evidence the Petitioner's guilty plea, in a separate pending matter, to … |
| 20-7125 |
Rashan Williams v. Louisiana |
Louisiana |
2021-02-11 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
collateral-review criminal-procedure Fourteenth-Amendment non-unanimous-jury retroactivity Sixth-Amendment Teague-v-Lane |
1. Whether this Court's decision in Ramos v. Louisiana, 140 S.Ct. 1390 (2020), applies to cases on State collateral review, where the State follows th… |
| 20-7129 |
Tyreek Torrence v. Pennsylvania |
Pennsylvania |
2021-02-11 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel plea-bargaining right-to-counsel sentencing sixth-amendment |
Question not identified. |
| 20-7132 |
Roy Lee Dykes v. United States |
Fourth Circuit |
2021-02-11 |
Denied |
Response WaivedIFP |
appeal appellate-procedure bail bond bond-motion criminal-procedure due-process fourth-circuit habeas-corpus judicial-review legal-standard motion-denial |
Whether the Fourth Circuit erred by failing to find that the District Court erred in denying Mr. Dykes' Motion for Release on Bond pending appeal? |
| 20-7096 |
Brian Edward Reynolds v. United States |
Eighth Circuit |
2021-02-10 |
Denied |
Response WaivedIFP |
appeal civil-rights criminal-procedure due-process eighth-circuit exclusionary-rule federal-court mandate search-and-seizure standing |
Question not identified. |
| 20-7097 |
Alree B. Sweat, III v. City of Las Cruces, New Mexico, et al. |
New Mexico |
2021-02-10 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure due-process evidence-law fourth-amendment ineffective-assistance-of-counsel motion-to-suppress post-conviction-relief property-rights search-and-seizure takings |
Question not identified. |
| 20-7098 |
Herminio Nicolas Reyes v. Georgia |
Georgia |
2021-02-10 |
Denied |
Response WaivedIFP |
circuit-split constitutional-law criminal-procedure due-process exclusionary-rule inevitable-discovery police-misconduct search-and-seizure |
Whether, in conflict with the holdings of the U.S. Courts of Appeals for the Second, Fifth, Eighth, Eleventh and D.C. Circuits and several State court… |
| 20-7100 |
Ryan Detrell Robinson v. United States |
Fourth Circuit |
2021-02-10 |
Denied |
Response WaivedIFP |
appellate-procedure appellate-review circuit-court-review constitutional-law criminal-procedure district-court-judgment due-process equal-protection sentencing sentencing-variance |
Whether the Circuit Court Erred Failing To Reverse District Court's Imposition of an "Alternate Variance Sentence" Which Was Designed To Insulate The … |
| 20-7107 |
Jimmy Richard Husband v. J. Ray Ormond, Warden |
Fourth Circuit |
2021-02-10 |
Denied |
Response WaivedIFP |
collateral-review criminal-conviction criminal-procedure due-process fundamental-defect retroactive-effect retroactivity sentencing statutory-interpretation substantive-rule |
1. Whether NELSON V. COLORADO 137 S. Ct. 1249 (2018), announced a new substantive rule, narrowing the language and scope of 18 USC Sect. 3661, that ha… |
| 20-7109 |
Raul Flores-Villalvaso v. United States |
Ninth Circuit |
2021-02-10 |
Denied |
Response WaivedIFP |
criminal-history criminal-procedure due-process illegal-reentry mens-rea sentencing sentencing-guidelines specific-intent |
Whether the 8 U.S.C. § 1326 Attempted Illegal Reentry mens rea element of "specific intent" can be restated as simply "a conscious desire" with no ref… |
| 20-7110 |
David Falcon v. Neil McDowell, Warden |
Ninth Circuit |
2021-02-10 |
Denied |
Response WaivedIFP |
aedpa alibi-defense criminal-procedure habeas-corpus ineffective-assistance miranda-hearing miranda-rights police-misconduct police-testimony right-to-counsel strickland-standard |
David Falcon was convicted of murder based on an incident where two men approached and shot a stranger in a public park. Falcon's counsel raised an al… |
| 20-1095 |
Darius Wayne Haws v. Idaho |
Idaho |
2021-02-10 |
Denied |
Amici (1)Response RequestedResponse WaivedRelisted (2) |
appeal-waiver appellate-rights constitutional-rights criminal-procedure due-process fifth-amendment fourteenth-amendment guilty-plea plea-agreement |
Whether a criminal defendant's purported waiver of the right to appeal in a plea agreement is knowing, intelligent, and voluntary—as required by the D… |
| 20-1098 |
Tod Houthoofd v. Les Parish, Warden |
Michigan |
2021-02-10 |
Denied |
Response WaivedRelisted (2) |
14th-amendment 4th-amendment 6th-amendment constitutional-rights criminal-procedure due-process jurisdiction jurisdictional-error trial-jurisdiction venue venue-challenge |
Does Petitioner's convictions violate the U.S. Constitution and prior decisions of the U.S. Supreme Court? (See page 2) |
| 20-7074 |
Jimmy Lee Nave, Jr. v. Frank Vanihel, Warden |
Seventh Circuit |
2021-02-09 |
Denied |
Response WaivedRelisted (2)IFP |
criminal-procedure due-process fourth-amendment ineffective-assistance ineffective-assistance-of-counsel probable-cause warrantless-arrest witness-identification |
I. Mr. Nave was arrested without a warrant and without probable cause. Mr. Nave alleged that his trial counsel was ineffective for failing to object t… |
| 20-7076 |
Michael Javier Ottogalli v. United States |
Fifth Circuit |
2021-02-09 |
Denied |
Response WaivedIFP |
criminal-procedure due-process enhanced-sentence factual-contestation government-sentencing-memorandum ineffective-assistance ineffective-assistance-of-counsel presentence-report sentencing sentencing-enhancement |
Is d ueprocess Violat&J dut ~h> i'neffe:f iVe assistance
of Counsel when defendant aWofney did oof qivc
defendant opportunity to review Peesenfence … |
| 20-7070 |
Jeremy S. v. West Virginia |
West Virginia |
2021-02-08 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure double-jeopardy due-process federal-jurisdiction judicial-inquiry jury-polling jury-trial trial-court-procedure verdict-review |
1. Does the new syllabus point issued by the Supreme Court of Appeals of West
Virginia permitting a trial court judge to make further inquiry of a ju… |
| 20-7078 |
Brandon Cordell Bennett v. United States |
Ninth Circuit |
2021-02-08 |
Denied |
Response WaivedIFP |
4th-amendment criminal-procedure evidence-suppression exclusionary-rule fourth-amendment judicial-review material-omission materiality probable-cause search-warrant |
WHETHER OMITTED INFORMATION FROM A SEARCH
WARRANT APPLICATION MUST NEGATE OR CONTRADICT
ALLEGED FACTS SUPPORTING PROBABLE CAUSE IN ORDER
TO BE MATERIA… |
| 20-7079 |
Lorenzo Liwayne Barnes v. United States |
Fourth Circuit |
2021-02-08 |
Denied |
Response WaivedIFP |
appeal-rights criminal-appeal criminal-procedure drug-crimes due-process fourth-circuit ineffective-assistance ineffective-assistance-of-counsel narcotics-distribution perjury sentencing sentencing-factors |
Whether the United States Court of Appeal 4th Circuit violated the United States V McCarthy Rule.
Whether the United States Court of Appeal 4th Circu… |
| 20-7080 |
Jimmy Lloyd Alexander v. California |
California |
2021-02-08 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure due-process evidence evidence-seizure fair-trial judicial-bias prosecutorial-misconduct |
Question not identified. |
| 20-7083 |
Jeremy Brown v. United States |
Sixth Circuit |
2021-02-08 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
5th-amendment burden-of-proof collateral-review criminal-defendant criminal-procedure due-process presumption-of-innocence rehau-v-united-states retroactive-application |
Whether A Criminal Defendant Substantial Rights To DUE ProcESS Under ThE Fifth Amendment OF ThE UnitEd States Constitution Denied In Light oF Rehaif v… |
| 20-7085 |
Thomas Hoey, Jr. v. United States |
Second Circuit |
2021-02-08 |
Denied |
Response WaivedIFP |
attorney-client-privilege conflict-of-interest constitutional-rights criminal-procedure due-process harsher-punishment plain-text precedents sentencing-commission sentencing-guidelines |
1-Should lower courts be permitted to interpret the plain text and meaning of sentencing commission's provisions to inflict harsher punishment upon pe… |
| 20-7087 |
Brian James Holland v. United States |
Eleventh Circuit |
2021-02-08 |
Denied |
Response WaivedIFP |
18-usc-2241 conviction criminal-law criminal-procedure evidence evidence-sufficiency force-definition statutory-interpretation witness-credibility |
i) What is the definition of the term force Under Statute 18. USCS. 2241? What is the proper Criminal law and procedure used to determine sufficient e… |
| 20-7039 |
Thomas Patrick Keelan v. United States |
Eleventh Circuit |
2021-02-05 |
Denied |
Response WaivedIFP |
brady-rule brady-violation criminal-procedure due-process giglio-impeachment giglio-rule homosexuality jencks-act new-evidence perjured-testimony |
1. Does an overview of facts collected at trial/ sentencing/
restitution/ direct and collateral review/ (and from startling
new evidence)/ which expo… |
| 20-7050 |
Mustafa Muhammad v. United States |
Fourth Circuit |
2021-02-05 |
Denied |
Response WaivedIFP |
6th-amendment civil-rights constitutional-right criminal-procedure due-process indiana-courts ineffective-assistance ineffective-assistance-of-counsel post-conviction-relief sixth-amendment |
Question not identified. |
| 20-7052 |
Joshua Wright v. United States |
Fourth Circuit |
2021-02-05 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure criminal-sentencing due-process judicial-discretion mitigating-factors procedural-reasonableness reasonableness sentencing substantive-reasonableness |
Where the court failed to address Petitioner's mitigating arguments and failed to justify its sentence, whether the 151-month sentence is procedurally… |
| 20-7056 |
Faramarz Mehdipour v. Heather Coyle, Judge, et al. |
Oklahoma |
2021-02-05 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure due-process evidentiary-challenges frivolous habeas-corpus malicious procedural-deficiencies sentencing-disparities standing |
The Oklahoma Supreme Court's October 26, 2020 ORDER denying his petition for writ of habeas Corpus is based upon the bare allegation that Petitioner h… |
| 20-7059 |
Glen Thomas Dotson v. Dewayne Hendrix, Warden |
Eighth Circuit |
2021-02-05 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process fair-trial fifth-amendment grand-jury prosecutorial-misconduct right-against-self-incrimination witness-testimony |
Was the petitioner deprived of a fair trial when the only Government witness to incriminate him lied to the jury that the defendant appeared before th… |
| 20-7062 |
Alfred L. Cross v. United States |
Seventh Circuit |
2021-02-05 |
Denied |
Response WaivedIFP |
bank-fraud constitutional-rights criminal-procedure due-process guilty-plea indictment-defect intent intent-to-defraud jurisdiction materiality materiality-element plea-bargaining |
Whether the Decision below squarely conflicts with McCarthy v. United States and Neder v. United States, where Mr. Cross Held a Constitutional Right t… |
| 20-7068 |
Jerry Davis v. United States |
Fourth Circuit |
2021-02-05 |
Denied |
Response WaivedIFP |
civil-rights conspiracy criminal-procedure discretionary-sentencing drug-convictions drug-crimes due-process first-step-act sentencing sentencing-reduction statutory-interpretation |
Whether the 4thCircuit Court of Appeals created a Cirauit split by affiomingthe District
Courts reuson to ceny his motion for a sentence reduction und… |
| 20-1071 |
West Virginia, ex rel. June Yurish, et al. v. Laura V. Faircloth, Judge, Circuit Court of West Virginia, 23rd Judicial Circuit, et al. |
West Virginia |
2021-02-05 |
Denied |
|
6th-amendment conflict-of-interest counsel-of-choice criminal-procedure due-process joint-representation sixth-amendment standing supremacy-clause |
Whether a state precedent which uses a state rule of procedure to disregard its own test for balancing the Constitutional interests implicated by a pr… |
| 20-1065 |
Christopher Hudler v. Pennsylvania |
Pennsylvania |
2021-02-04 |
Denied |
Response Waived |
constitutional-rights criminal-procedure due-process extradition fourteenth-amendment in-absentia in-absentia-trial sixth-amendment |
Whether petitioner's judgment of conviction was rendered in violation of the Sixth and Fourteenth Amendments to the United States Constitution, where … |
| 20-7025 |
Derrick Michael Allen, Jr. v. Orlando Hudson, Jr. |
Fourth Circuit |
2021-02-04 |
Dismissed |
IFP |
civil-procedure civil-rights constitutional-rights criminal-procedure due-process habeas-corpus immunity monetary-relief post-conviction-relief procedural-default standing state-court-review |
WHETHER THE U.S. COURT OF APPEALS FOR THE FOURTH CIRCUIT ERRED IN AFFIRMING THE DISTRICT COURT ORDER IN DISMISSING PETITIONER'S COMPLAINT PURSUANT TO … |
| 20-7034 |
Kelli Renee Bullard v. United States |
Fifth Circuit |
2021-02-04 |
Denied |
Response WaivedIFP |
abuse-of-discretion criminal-procedure criminal-sentencing defendant-rehabilitation district-court-discretion due-process judicial-review rehabilitation sentencing sentencing-reasonableness statutory-maximum |
Did the district court impose a substantively unreasonable sentence of 60 months imprisonment —the statutory maximum—when it did so with a blind eye t… |
| 20-7035 |
Rondell Slaughter v. Tammy Ferguson, Superintendent, State Correctional Institution at Phoenix, et al. |
Third Circuit |
2021-02-04 |
Denied |
Response WaivedIFP |
appellate-counsel criminal-procedure error exhaustion ineffective-assistance legal-concession oral-argument procedural-exhaustion state-court state-court-pleading |
I. Whether a claim of ineffective assistance of appellate counsel is exhausted when the state-court pleading asserted that appellate counsel rendered … |
| 20-7037 |
Elias Junior Rodriguez v. United States |
Fourth Circuit |
2021-02-04 |
Denied |
Response WaivedIFP |
5K1.1-motion appellate-review criminal-procedure criminal-sentencing downward-variance government-motion judicial-discretion sentencing sentencing-guidelines U.S.S.G.-5K1.1 |
1. DOES A COURT VIOLATE THIS COURT'S HOLDING IN GALL v. UNITED STATES, 552 U.S. 38 (2007) BY FAILING TO ADEQUATELY EXPLAIN TO WHAT EXTENT THE COURT'S … |
| 20-7041 |
Bruce Kintrell Green v. United States |
Fifth Circuit |
2021-02-04 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment parole sentencing sixth-amendment statutory-interpretation |
Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments? |
| 20-7048 |
Roman Gabriel Gonzales v. United States |
Fifth Circuit |
2021-02-04 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure due-process plea-bargain sentencing supervisory-powers |
Whether the decision of the United States Court of Appeals for the Fifth Circuit ("Fifth Circuit")–which affirmed the significant increase of the base… |
| 20-7018 |
Lawrence Westbrook, III v. United States |
Sixth Circuit |
2021-02-03 |
Denied |
Response WaivedIFP |
appeal appellate-review criminal-procedure criminal-sentencing district-court district-court-discretion enhancement firearm-enhancement firearms sentencing-guidelines united-states-sentencing-guidelines |
I. Whether the district court erred by applying a six-level enhancement pursuant to USSG § 2K2.1(b)(1)(C).
II. Whether the district court erred by ap… |
| 20-7019 |
Kourtney Williams v. United States |
First Circuit |
2021-02-03 |
Denied |
Relisted (2)IFP |
appellate-review criminal-procedure due-process grand-jury jury-finding mens-rea petit-jury plain-error |
Does Fed. R. Crim. P. 52(b) grant an appellate court discretion to independently find an essential element of an offense for which the defendant was n… |
| 20-7030 |
Devaron Antoine Love v. United States |
Eleventh Circuit |
2021-02-03 |
Denied |
IFP |
28-usc-2255 actual-innocence criminal-procedure federal-habeas habeas-corpus judicial-review new-decision procedural-default section-2255 unlawful-conduct |
Whether a movant under 28 U.S.C. § 2255 can show actual innocence to overcome a procedural default where he can show, based on a new decision from thi… |
| 20-7032 |
Salvador Delrio v. United States |
Ninth Circuit |
2021-02-03 |
Denied |
Response WaivedIFP |
courier courier-status criminal-procedure due-process mitigating-role sentencing sentencing-guidelines speculative-inference speculative-inferences u.s.s.g.-3b1.2 |
1. What weight should a court give to a defendant's essential role as a mere courier when determining a mitigating-role adjustment?
2. Does a distric… |
| 20-1056 |
Justin Wolfe v. Virginia |
Virginia |
2021-02-03 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
appellate-rights constitutional-authority criminal-procedure due-process federal-habeas forfeiture-rule plea-bargaining prosecutorial-misconduct vindictive-prosecution |
After petitioner Justin Wolfe obtained federal habeas relief because of "abhorrent" prosecutorial misconduct, the Commonwealth of Virginia vindictivel… |
| 20-7010 |
Israel Santiago-Lugo v. United States |
First Circuit |
2021-02-02 |
Denied |
Response WaivedIFP |
ambiguity amendment-782 criminal-procedure federal-rules forfeiture molina-martinez-v-us peugh-v-us rule-of-lenity sentencing-guidelines |
1) WHETHER THE SENTENCE WAS IMPOSED UNDER U.S.S.G. §2Dl.l(c)
TO ESTABLISH THE BASE OFFENSE, THE GUIDELINES ARE IN REAL
SENSE THE BASIC FOR THE SENTEN… |
| 20-7017 |
Dennis Martin Beyer, Jr. v. Texas |
Texas |
2021-02-02 |
Denied |
IFP |
constitutional-requirement continuous-sexual-abuse criminal-procedure criminal-trial due-process jury-conviction jury-unanimity sixth-amendment texas-court-of-criminal-appeals |
Does the constitutional requirement of jury unanimity require a jury to be unanimous as to specific acts of sexual abuse in order to convict a defenda… |
| 20-6991 |
Edwin Jurado-Nazario v. United States |
First Circuit |
2021-02-01 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review criminal-procedure due-process first-circuit judicial-discretion reasonableness reasonableness-review sentencing |
Whether The Sentence Imposed is Unreasonable. |
| 20-6992 |
Bobbie Lewis Mayes v. United States |
Fifth Circuit |
2021-02-01 |
Denied |
Response WaivedIFP |
booker criminal-procedure defendant-rights due-process johnson johnson-precedent mandatory-guidelines pre-booker pre-booker-era sentencing-challenge sentencing-guidelines |
Whether a defendant has a right under Johnson to challenge a sentence ordered pre-Booker, when applying the Sentencing Guidelines was mandatory. |
| 20-6995 |
Floyd Clark v. United States |
District of Columbia |
2021-02-01 |
Denied |
Response WaivedIFP |
appellate-review circuit-court-jurisdiction criminal-procedure due-process final-judgment johnson-precedent motion-for-new-trial newly-discovered-evidence recanting-affidavit residual-clause |
1. Whether there was a sufficient final determination by the trial court such that the Circuit Court could have reached a determination of the substan… |
| 20-7003 |
Justin Anthony Kudla v. Minnesota |
Minnesota |
2021-02-01 |
Denied |
IFP |
4th-amendment criminal-activity criminal-procedure fourth-amendment law-enforcement police-intrusion reasonable-suspicion terry-stop terry-v-ohio traffic-stop |
Did the district court error by denying the suppression motion where a police officer violated a rule announced in Terry v. Ohio, under the Fourth Ame… |
| 20-1042 |
Pedro Hernandez v. New York |
New York |
2021-01-29 |
Denied |
Response Waived |
constitutional-evidence criminal-procedure due-process evidence federal-rules-of-evidence holmes-precedent holmes-v-south-carolina relevance-standard third-party-guilt |
This Court has long held that a criminal defendant has a constitutional right to introduce evidence suggesting that someone else committed the crime c… |
| 20-6958 |
Luis C. Paulino v. Thomas Griffin, Superintendent, Green Haven Correctional Facility |
Second Circuit |
2021-01-28 |
Denied |
Response WaivedIFP |
2nd-amendment burden-of-proof civil-rights constitutional-rights criminal-procedure due-process equal-protection justification-defense self-defense standing takings |
WHETHER A DEFENDANT IN CERTAIN SITUATIONS MAY BE UPON PRESUMPTION OF VINDICTIVENESS FOR EXERCISING RIGHT TO TRIAL
WHETHER PRO-SE PLEADINGS IN THE UNI… |
| 20-6966 |
Charles Eloys Johnson, aka Adam White v. United States |
Fourth Circuit |
2021-01-28 |
Denied |
Response WaivedIFP |
18-usc-924c appellate-review conspiracy crime-of-violence criminal-procedure hobbs-act hobbs-act-robbery jury-instruction jury-instructions plain-error substantial-rights |
Charles Johnson was convicted of two counts of possessing a firearm during a crime of violence. 18 U.S.C. § 924(c). The district court instructed the … |
| 20-6971 |
Jason Alfred Martinez v. United States |
Fifth Circuit |
2021-01-28 |
Denied |
Response WaivedIFP |
circuit-split criminal-procedure plain-reasonableness revocation-of-supervised-release revocation-sentence sentencing sentencing-review standard-of-review substantive-reasonableness |
I. Did the court of appeals err when it reviewed the district court's sentence for plain reasonableness?
II. Did the district court impose a plainly … |
| 20-6973 |
Tommy Demond Fannin v. United States |
Fifth Circuit |
2021-01-28 |
Denied |
Response WaivedIFP |
assault criminal-procedure cross-reference district-court due-process fifth-circuit firearm-possession sentencing-guidelines |
I. Did the district court err when it imposed a cross-reference under U.S. Sentencing Guidelines Manual § 2K2.1(c)(1) without a connection between the… |
| 20-6974 |
Freddie Lee Wilson v. United States |
Sixth Circuit |
2021-01-28 |
Denied |
Response WaivedIFP |
404(b) background-evidence circuit-split criminal-procedure criminal-trial drug-evidence evidence-rule federal-rules-of-evidence jury-testimony res-gestae |
At Wilson's jury trial the district court allowed testimony that
Wilson sold drugs the day before the charged offenses as
background evidence that was… |
| 20-6975 |
Cortez Maurice Crumble v. United States |
Eighth Circuit |
2021-01-28 |
Denied |
Relisted (2)IFP |
circuit-court-conflict criminal-law criminal-procedure mens-rea outside-trial-record plain-error-review rehaif-v-united-states substantial-rights trial-error |
When evaluating Rehaif-derived trial errors under Rule 52(b) plain-error review, should prejudice under the "substantial rights" prong be presumed?
2… |
| 20-6976 |
Timothy Tijwan Doctor v. United States |
Eleventh Circuit |
2021-01-28 |
Denied |
Response WaivedRelisted (2)IFP |
armed-career-criminal-act criminal-procedure different-occasions federal-court non-elemental-facts plea-colloquy prior-offenses sentencing sentencing-enhancement |
1. Whether a federal court may increase a defendant's sentence under the Armed Career Criminal Act (ACCA) by relying on its own finding about non-elem… |
| 20-6977 |
Joshua Ryan Dorman v. United States |
Fifth Circuit |
2021-01-28 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment sentencing sixth-amendment statutory-interpretation supervised-release |
Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments? |
| 20-6983 |
Demarcus Cole v. Kevin Myers, Warden |
Sixth Circuit |
2021-01-28 |
Denied |
Response WaivedIFP |
cellular-phone-evidence certificate-of-appealability criminal-procedure fourth-amendment habeas-corpus illegal-evidence ineffective-assistance ineffective-assistance-of-counsel motion-to-suppress trial-counsel |
Did the Court of Appeals err in denying a Certificate of Appealability on trial counsel was ineffective, when counsel failed to file a pre-trial Motio… |
| 20-6984 |
Ralph Frank Esposito, Jr. v. Arizona |
Arizona |
2021-01-28 |
Denied |
Response WaivedIFP |
5th-amendment brady-violation constitutional-rights criminal-procedure discovery-violation due-process evidence-suppression structural-error witness-testimony |
Question not identified. |
| 20-6954 |
Brenda Yadira Gamez-Castaneda v. United States |
Fifth Circuit |
2021-01-27 |
Denied |
Response WaivedIFP |
alien-smuggling criminal-procedure criminal-sentencing due-process judge-found-facts judicial-fact-finding jury-trial jury-trial-rights sentencing sentencing-guidelines sixth-amendment |
Petitioner pleaded guilty to conspiracy to transport aliens within the United States and being found in the United States after a previous deportation… |
| 20-6959 |
Mason Somers v. Jay Forshey, Warden |
Sixth Circuit |
2021-01-27 |
Denied |
Response WaivedIFP |
attorney-client-privilege constitutional-rights criminal-procedure discovery due-process ineffective-assistance jail-recordings pre-trial-discovery right-to-counsel trial-counsel |
1. Once trial counsel learns facts of a criminal case prior to receiving discovery from the government, provides that discoverable information to his … |
| 20-6914 |
Ryan Clark Petersen v. Alabama |
Alabama |
2021-01-26 |
Denied |
IFP |
buchanan-v-kentucky capital-trial criminal-procedure due-process estelle-v-smith expert-testimony fifth-amendment mental-health-evaluation psychological-evaluation self-incrimination |
Where a court-appointed mental health expert assures a criminal defendant that the evidence gathered in his psychological evaluation will not be used … |
| 20-6921 |
Elier Isai Marquez-Gonzalez v. United States |
Fifth Circuit |
2021-01-26 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure empirical-basis fifth-circuit illegal-reentry presumption-of-reasonableness sentencing-guidelines |
Whether a presumption of reasonableness on appeal does not apply to a sentence produced by the illegal reentry guideline, §2L1.2, because that guideli… |
| 20-6930 |
Marco Antonio Lopez-Sanchez v. United States |
Fifth Circuit |
2021-01-26 |
Denied |
Response WaivedIFP |
case-review constitutional-law court-of-appeals criminal-procedure due-process judicial-procedure legal-precedent recidivism sentencing statutory-interpretation supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 20-6931 |
Christopher Shawn Landreneau v. United States |
Fifth Circuit |
2021-01-26 |
Denied |
Response WaivedRelisted (2)IFP |
burden-of-proof circuit-split criminal-procedure due-process evidence fifth-amendment presentence-report sentencing sentencing-guidelines |
Whether a district court may, consistent with the Due Process Clause of the Fifth Amendment and Rule 32 of the Federal Rules of Criminal Procedure, re… |
| 20-6932 |
Jorge Armando Jamaica-Hernandez v. United States |
Fifth Circuit |
2021-01-26 |
Denied |
Response WaivedIFP |
alleyne almendarez-torres appellate-procedure apprendi constitutional-law criminal-law criminal-procedure due-process precedent-analysis sentencing statutory-interpretation supreme-court-review |
Whether this Court should consider the continuing validity of Almendarez-Torres v. United States, 523 U.S. 244 (1998), in light of the reasoning of Ap… |
| 20-6933 |
Seledonio Martinez v. United States |
Fourth Circuit |
2021-01-26 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure criminal-sentencing due-process judicial-discretion reasonableness reasonableness-review sentencing sentencing-guidelines sentencing-standard totality-of-the-circumstances |
Where the totality of the circumstances of this case do not support a top-of-the-Guidelines sentence, whether the 46-month sentence is reasonable. |
| 20-6936 |
Scott Tucker v. United States |
Second Circuit |
2021-01-26 |
Denied |
Response WaivedIFP |
criminal-procedure due-process evidence jury-instructions mens-rea racketeering |
1. Whether the Court of Appeals has endorsed an inflexible rule that limits evidence of legal advice rendered to the defendant to the very inception o… |
| 20-6937 |
Darris Altony Newsome v. Harold W. Clarke, Director, Virginia Department of Corrections |
Fourth Circuit |
2021-01-26 |
Denied |
IFP |
constitutional-rights criminal-procedure double-jeopardy fourth-amendment habeas-corpus ineffective-assistance-of-counsel mistrial parole |
1 Did a Courts erred in the opinion that petitioners writ of habeas corpus was dismissed as unauthorized and successive federal relief?
2 The Double … |
| 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 |
DID THE DISTRICT COURT ERR WHEN IT DECIDED THAT CO-DEFENDANT (WILLIAM BOSTON) MINIMIZED HIS INVOLVEMENT IN THE HOMICIDE, THEREFORE MAKING HIS CONFESSI… |
| 20-6946 |
Barry Cashin v. United States |
Sixth Circuit |
2021-01-26 |
Denied |
IFP |
appellate-jurisdiction appellate-review circuit-split criminal-procedure due-process procedural-reasonableness sentence-reduction sentencing statutory-interpretation substantive-reasonableness |
Does 18 U.S.C. § 3742(a) restrict appellate courts' authority to review the procedural and substantive reasonableness of a denial of a motion for a se… |
| 20-6951 |
Julio Torres Palomo v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-01-26 |
Denied |
IFP |
criminal-procedure due-process evidence-sufficiency expert-testimony hearsay hearsay-objection indictment indictment-insufficiency jury-instructions sexual-abuse sufficiency-of-evidence |
FORMAL REQUISITE OF AN INDICTMENT:
THE INDICTMENT FAILED TO PROPERLY ALLEGE THE OFFENSE,AS WRITTEN
IN THE TEXAS PENAL CODE ANN. § 21.02.
INSUFFICIEN… |
| 20-6952 |
In Re Russell Adam Pelletier |
|
2021-01-26 |
Denied |
IFP |
civil-rights criminal-procedure due-process fair-trial habeas-corpus ineffective-assistance prosecutorial-fraud prosecutorial-misconduct standing |
1) Does the exceptional circumstances within ihis Writ reach the level required tor Court to use Its discretionary powers ?
2) Does ignorance of the … |
| 20-991 |
Stevie L. England v. DeEdra Hart, Warden |
Sixth Circuit |
2021-01-26 |
Denied |
Response Waived |
criminal-procedure davis-v-united-states fifth-amendment interrogation interrogation-standard miranda-rights miranda-v-arizona objective-inquiry right-to-counsel subjective-factors |
Whether the "objective inquiry" required by Davis may be based on subjective factors. |
| 20-993 |
Jeremy Mickens v. Arkansas |
Arkansas |
2021-01-26 |
Denied |
Response Waived |
4th-amendment civil-rights criminal-procedure dog-sniff due-process fourth-amendment law-enforcement probable-cause reasonable-suspicion search-and-seizure traffic-stop |
Whether a police officer may, in the absence of reasonable suspicion, extend an otherwise completed traffic stop, justified only by a police officer o… |
| 20-995 |
Anthony Vetri v. United States |
Third Circuit |
2021-01-26 |
Denied |
Response Waived |
4th-amendment aiding-and-abetting cellphone-data cellphone-privacy criminal-procedure digital-privacy evidence-search fourth-amendment particularity probable-cause search-and-seizure warrant-requirements |
1. Whether the Fourth Amendment requires more stringent privacy considerations in authorizing a warrant for the seizure of a cellphone and the manner … |
| 20-6913 |
Terry Smith v. Darrel Vannoy, Warden |
Fifth Circuit |
2021-01-25 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure due-process federal-jurisdiction judicial-review severance speedy-trial standing state-constitution |
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| 20-6922 |
Melvin Bonnell v. Ohio |
Ohio |
2021-01-25 |
Denied |
IFP |
brady-vs-maryland capital-punishment criminal-procedure due-process evidence prosecutorial-misconduct |
When a capital ly sentenced defendant credibly demonstrates
that (1) state actors have cont inually exhibited bad faith
throughout the history of a … |
| 20-6924 |
Auturo Beltran v. Craig Koenig, Warden |
Ninth Circuit |
2021-01-25 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process habeas habeas-corpus plea-agreement sentencing trial-court |
During a colloquy on a plea agreement to a 24-year sentence, petitioner said that he did not understand all of the rights and consequences of the plea… |
| 20-6925 |
Leonidas Iraheta and Eduardo Hernandez v. United States |
Ninth Circuit |
2021-01-25 |
Denied |
Response WaivedIFP |
5th-amendment 6th-amendment constitutional-rights criminal-procedure due-process fifth-amendment judge-found-facts judicial-discretion jury-trial sentencing sentencing-enhancement sixth-amendment |
Whether the Fifth and Sixth Amendments prohibit severe increases to the sentences of criminal defendants using judge-found facts rejected by the jury. |
| 20-6926 |
Nestor Alegria Hernandez v. California |
California |
2021-01-25 |
Denied |
Response WaivedIFP |
criminal-procedure due-process equal-protection fourteenth-amendment intoxicated-driving involuntary-manslaughter jury-instructions lesser-included-offense |
I. CALIFORNIA LAW VIOLATES THE FOURTEENTH AMENDMENT'S EQUAL PROTECTION CLAUSE BY REQUIRING ITS COURTS TO INSTRUCT ON INVOLUNTARY MANSLAUGHTER AS A LES… |
| 20-6927 |
Anthony Freeney v. United States |
Fifth Circuit |
2021-01-25 |
Denied |
Response WaivedIFP |
18-usc-3553a audio-recordings criminal-procedure due-process evidence-sufficiency jail-phone-calls jury-instructions jury-verdict sentencing standard-of-review sufficiency-of-evidence |
GUILTY VERDICT?
DID THE DISTRICT COURT ERR IN ADMITTING AUDIO RECORDINGS OF MR. FREENEY'S JAIL PHONE CALLS?
DID THE SENTENCE IMPOSED BY THE DISTRICT… |
| 20-978 |
Poppi Metaxas v. United States |
Second Circuit |
2021-01-22 |
Denied |
Response WaivedRelisted (2) |
certificate-of-appealability constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel plea-bargaining reasonable-probability trial |
1. Whether the petitioner was denied effective assistance of counsel with respect to the plea process by counsel's failure to discuss with and inform … |
| 20-973 |
Ricky Haywood-Watson v. Texas |
Texas |
2021-01-15 |
Denied |
|
apprendi-v-new-jersey constitutional-guarantee continuous-sexual-abuse criminal-procedure jury-unanimity ramos-v-louisiana richardson-v-united-states schad-v-arizona sexual-abuse texas-penal-code |
In light of Ramos v. Louisiana, does Section 21.02(d) of the Texas Penal Code violate the constitutional guarantee of jury unanimity by not requiring … |
| 20-6889 |
Gregory Bartunek v. United States |
Eighth Circuit |
2021-01-15 |
Denied |
Response WaivedIFP |
4th-amendment constitutional-law criminal-procedure due-process habeas-corpus internet-protocol overbreadth search-warrant standing vagueness |
I. WHETHER THE FEDERAL RULES OF CRIMINAL PROCEDURE ARE UNCONSTITUTIONALLY OVERBROAD AND VAGUE
II. WHETHER WARRANTS BASED ON INTERNET PROTOCOL ADDRESS… |
| 20-6895 |
Raheem Jefferson Brennerman v. United States |
Second Circuit |
2021-01-15 |
Denied |
Response WaivedIFP |
abuse-of-discretion constitutional-rights criminal-defendant criminal-procedure due-process judicial-discretion judicial-review liberty second-circuit trial-court |
Whether the abuse of discretion standard imposed by the United States Court of Appeals for the Second Circuit is Constitutionally impermissible - wher… |
| 20-6896 |
Phillip A. Benjamin v. Florida |
Florida |
2021-01-15 |
Denied |
Response WaivedIFP |
criminal-procedure due-process equal-protection fair-trial fourteenth-amendment jury-selection sixth-amendment witness-testimony |
1. Did the Trial Court err when limiting the testimonies of the defense witness from testifying of vital information, therefore, hindering the Defenda… |
| 20-6901 |
Antonio Sierra v. Jack Daneri, et al. |
Pennsylvania |
2021-01-15 |
Denied |
IFP |
4th-amendment civil-rights criminal-procedure due-process fourth-amendment habeas-corpus rules-of-court standing state-court-error unreasonable-seizure |
Whether petitioner sufficiently asserted federal rights in the case being heard by state courts who defeated by rules of court, in error, petitioner's… |
| 20-6910 |
El-Asad Alsaedi v. Florida |
Florida |
2021-01-15 |
Denied |
Response WaivedIFP |
civil-procedure civil-rights criminal-procedure due-process equal-protection federal-jurisdiction judicial-discretion mandatory-minimum sentencing-authority sentencing-guidelines standing statutory-interpretation |
Question not identified. |
| 20-6911 |
Dimas Alfaro-Granados v. United States |
Eleventh Circuit |
2021-01-15 |
Denied |
Response WaivedIFP |
certificate-of-appealability criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel juvenile-sentencing miller-v-alabama rico-enterprise sentencing sixth-amendment vicar |
[1]- 1st Question Presented on Request and Application for COA
Did the appellate court err in denying a certificate of appealability on whether the di… |
| 20-6875 |
Jason Pierce v. Nathan Brooks, Warden |
Eleventh Circuit |
2021-01-14 |
Denied |
Response WaivedIFP |
certificate-of-appealability court-appointed-counsel criminal-procedure death-penalty faretta-protocol habeas-corpus ineffective-assistance ineffective-assistance-of-counsel procedural-defect structural-defect |
Did the United States Court of Appeals for the Eleventh Circuit err in filing to issue a Certificate of Appealability from the denial of the Petition … |
| 20-6880 |
Victor Esquivel, aka Youngster v. United States |
Fifth Circuit |
2021-01-14 |
Denied |
Response WaivedIFP |
anders-brief constructive-denial criminal-procedure direct-appeal ineffective-assistance ineffective-assistance-of-counsel no-merit-brief preserved-objections right-to-counsel right-to-effective-assistance-of-counsel |
A. Whether Esquivel's Right to Counsel Was Constructively Denied When, in the District Court, Esquivel Moved for a New Trial and Requested New Counsel… |
| 20-6884 |
Luis Alberto Andrade-Salas v. United States |
Fifth Circuit |
2021-01-14 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 20-6888 |
Christina Elizabeth Pandey v. United States |
Fifth Circuit |
2021-01-14 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment sentencing sixth-amendment statutory-interpretation supervised-release |
Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments? |
| 20-6890 |
Chong Leng Lee v. Wisconsin |
Wisconsin |
2021-01-14 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
appellate-rights brady-violation court-reporter-act criminal-procedure dismissal due-process evidence-destruction fair-trial transcripts |
1. IS DISMISSAL AVAILABLE TO REMEDY A BRADY VIOLATION AND ALSO DID CHONG ESTABLISH A BRADY VIOLATION THAT WARRANTS DISMISSAL?
2. DOES A YOUNGBLOOD VI… |
| 20-6892 |
Vashaun Williams v. Illinois |
Illinois |
2021-01-14 |
Denied |
Response WaivedIFP |
5th-amendment 6th-amendment compelled-testimony constitutional-rights criminal-procedure due-process fair-trial fourteenth-amendment jury-instructions self-incrimination sixth-amendment |
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| 20-6894 |
Macho Joe Williams v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. |
Ninth Circuit |
2021-01-14 |
Denied |
IFP |
appellate-review civil-rights conflict-of-interest constitutional-interpretation criminal-appeal criminal-procedure due-process ineffective-assistance-of-counsel judicial-discretion sentencing sentencing-guidelines |
DiD The Trial court Abuse Its Disctetion when He Denied Apellant's Motions
To Sever
a. Dig The Trial couwst commit Reversible Ervor when He faile To … |
| 20-6851 |
Jeffrey Lee Atwater v. Florida |
Florida |
2021-01-13 |
Denied |
IFP |
burden-of-proof constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel mccoy-v-louisiana right-to-counsel sixth-amendment |
1. Did Mr. Atwater show a violation of the right to determine the objective of his defense and his right to hold the State to its burden of proof of e… |
| 20-6864 |
Brian David Hill v. United States |
Fourth Circuit |
2021-01-13 |
Denied |
Response WaivedIFP |
appellate-review criminal-appeal criminal-procedure due-process jury-trial preponderance-of-evidence reasonable-doubt sixth-amendment supervised-release trial-by-jury |
Whether the United States Court of Appeals for the Fourth Circuit erred in failing to find that the district court erred in sentencing Petitioner by d… |
| 20-6866 |
Kevin Sutherby v. Sherman Campbell, Warden |
Sixth Circuit |
2021-01-13 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel newly-discovered-evidence prosecutorial-misconduct warrantless-arrest |
Whether, Mr. Sutherby is entitled to a new trial, based on Newly Discovered Evidence, Ineffective Assistance of Counsel at trial, and appeals, and the… |
| 20-6867 |
Noel Romero-Espinal v. United States |
Fourth Circuit |
2021-01-13 |
Denied |
Response WaivedIFP |
continuing-offense criminal-law criminal-procedure due-process federal-statute illegal-reentry immigration immigration-law sentencing statutory-interpretation united-states-code |
Whether illegally reentering the United States in violation of 8 U.S.C. §1326 is a continuing offense. |
| 20-6871 |
Angnem Green v. New York |
New York |
2021-01-13 |
Denied |
IFP |
closing-argument constitutional-rights criminal-procedure due-process equal-protection fair-trial prosecutorial-misconduct racial-bias racial-discrimination |
Petitioner an African-American man, was tried for the crime of Criminal Sale of a Controlled Substance, namely cocaine. During the prosecutor's closin… |
| 20-937 |
Robert Andrews v. New Jersey |
New Jersey |
2021-01-13 |
Denied |
Amici (4)Response RequestedResponse WaivedRelisted (2) |
criminal-procedure criminal-prosecution evidence-discovery fifth-amendment foregone-conclusion passcode-disclosure password-disclosure self-incrimination state-supreme-court testimonial-compulsion |
Does the Self-Incrimination Clause of the Fifth Amendment protect an individual from being compelled to recall and truthfully disclose a memorized pas… |
| 20-6837 |
Jacob Ray Owens v. United States |
Fifth Circuit |
2021-01-12 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
criminal-procedure drug-crimes fact-finding judicial-fact-finding methamphetamine-distribution plea-agreement plea-bargaining sentencing sentencing-guidelines sixth-amendment |
Petitioner pleaded guilty to conspiracy to possess with intent to distribute methamphetamine. He admitted to the district court only to possession of … |
| 20-6843 |
Cedryck Davis v. Illinois |
Illinois |
2021-01-12 |
Denied |
Response WaivedIFP |
attempted-murder criminal-intent criminal-procedure due-process fair-trial identity identity-evidence other-crimes-evidence reasonable-doubt witness-testimony |
Whether Cedryck Davis's convictions for the attempt murder of Naja and Shawn Harringon should be reversed because the prosecution failed to sustain it… |
| 20-6845 |
Tony Tran v. Wisconsin |
Wisconsin |
2021-01-12 |
Denied |
Response WaivedIFP |
appeal confrontation-clause credibility criminal-procedure due-process evidence |
1. whether the circuit coust erred wher the court
ruled that Tran Could not elicit evidence to
attack the credibility of Tran's accuser. |
| 20-6848 |
Dana Sylvester Whitley v. R. Graham, Jr., Warden |
Fourth Circuit |
2021-01-12 |
Denied |
Response WaivedIFP |
criminal-conviction criminal-procedure double-jeopardy due-process habeas-corpus judicial-review merger-of-sentences ohio-court-of-appeals post-conviction-relief second-degree-murder sentencing |
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V\w\£. VsClt r-e_d , lv r\A tx .ft
CjlS Corpu… |
| 20-6822 |
Rodney Berryman, Sr. v. Ron Davis, Warden |
Ninth Circuit |
2021-01-11 |
Denied |
IFP |
28-usc-2254 criminal-procedure federal-law habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mental-illness mitigation-evidence neuro-psychiatric-testing |
1. Was the state court's denial of Petitioner's claims in a written opinion and subsequent summary denial of the same claims in a habeas petition, all… |
| 20-6823 |
Robert Buttery v. Ohio |
Ohio |
2021-01-11 |
Denied |
Response WaivedIFP |
14th-amendment 5th-amendment 6th-amendment constitutional-amendment criminal-procedure due-process jury-trial jury-trial-rights juvenile-adjudication sex-offender-registration |
Whether an adult felony conviction under Ohio's failure to register statute, Ohio Rev. Code Ann. § 2950.04, violates a defendant's due process and jur… |
| 20-6831 |
David Garcia v. United States |
Sixth Circuit |
2021-01-11 |
Denied |
Response WaivedIFP |
circuit-court constitutional-rights criminal-procedure direct-appeal duty-to-adjudicate existing-record ineffective-assistance ineffective-assistance-of-counsel merits sixth-amendment |
Whether a circuit court of appeals has a duty to adjudicate the merits of a Sixth Amendment ineffective assistance of counsel claim raised by a defend… |
| 20-6836 |
Julian P. Gutierrez v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-01-11 |
Denied |
IFP |
appellate-counsel appellate-review criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel sixth-amendment trial-counsel |
Whether the Petitioner received Effective Assistance of Counsel as guaranteed by the Sixth Amendment to the United States Constitution, viz.:
a. Whet… |
| 20-929 |
Neil J. Gillespie v. Florida |
Florida |
2021-01-11 |
Denied |
Response Waived |
6th-amendment constitutional-right criminal-defendant criminal-procedure due-process faretta-v-california forced-counsel habeas-corpus right-to-self-representation self-representation state-proceedings |
Can a writ of habeas corpus free a criminal defendant in state criminal proceedings from being restrained by forced appointment of counsel prohibited … |
| 20-916 |
Nathaniel K. Hooker v. Illinois |
Illinois |
2021-01-08 |
Dismissed |
|
adversarial-proceeding criminal-procedure due-process effective-assistance probable-cause right-to-bear-arms right-to-counsel right-to-effective-assistance-of-counsel sixth-amendment |
This case presents an important issue concerning the proper application of Illinois Criminal Procedures and the Sixth Amendment Right to Effective Cou… |
| 20-919 |
Richard Spinnenweber, et al. v. Dan Williams |
Eleventh Circuit |
2021-01-08 |
Denied |
Response Waived |
arrest civil-rights criminal-arrest criminal-procedure district-court due-process fourth-amendment judicial-determination law-enforcement legal-standard probable-cause |
Whether the district court erred in holding that there was probable cause to believe the plaintiffs had committed the crime for which they were arrest… |
| 20-6789 |
Lilia Abril Olmedo-Perez v. United States |
Fifth Circuit |
2021-01-08 |
Denied |
Response WaivedIFP |
administration-of-justice appellate-review criminal-procedure drug-offense federal-law fifth-circuit minor-role sentencing-guidelines |
Whether the Fifth Circuit violated federal law when it conducted a cursory review of the facts related to a warranted two-level adjustment under U.S.S… |
| 20-6792 |
Edgar Rene Mier-Garces v. United States |
Tenth Circuit |
2021-01-08 |
Denied |
Response WaivedIFP |
circuit-split conspiracy conspiracy-prosecution constitutional-law criminal-procedure double-jeopardy due-process tenth-circuit |
The Double Jeopardy Clause prohibits successive conspiracy prosecutions when the conspiracy underpinning a subsequent prosecution is part of the same … |
| 20-6793 |
Curtis Parks v. Willis Chapman, Warden |
Sixth Circuit |
2021-01-08 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure due-process fundamental-fairness habeas-corpus post-conviction procedural-default structural-error |
(1) After Weaver, can a petitioner in post-conviction proceedings asserting a procedurally defaulted structural error demonstrate prejudice by showing… |
| 20-6799 |
Kosoul Chanthakoummane v. Texas |
Texas |
2021-01-08 |
Denied |
IFP |
bitemark-identification criminal-procedure dna-analysis dna-evidence due-process expert-testimony eyewitness-identification eyewitness-testimony forensic-evidence scientific-evidence trial-fairness |
Is Petitioner's conviction the product of a fundamentally unfair trial that was prejudiced by the admissibility of flawed forensic scientific evidence… |
| 20-6800 |
Harry Miller v. United States |
Seventh Circuit |
2021-01-08 |
Denied |
Response WaivedIFP |
brady-rule brady-v-maryland constitutional-law criminal-procedure due-process exculpatory-evidence favorable-evidence materiality prosecutorial-disclosure prosecutorial-misconduct trial-fairness |
How does a court determine whether evidence that the prosecution did not share with the defense before trial is "favorable" under the standard announc… |
| 20-6802 |
Noel Jones v. United States |
Fifth Circuit |
2021-01-08 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
automatic-reversal constitutional-defect criminal-liability criminal-procedure drug-conspiracy drug-quantity due-process guilty-plea sentencing-enhancement structural-error |
(1) If a criminal defendant pleading guilty to a drug conspiracy is required to admit to an enhancing drug quantity as part of his guilty plea but has… |
| 20-6803 |
Dominic Lindsey v. United States |
Fifth Circuit |
2021-01-08 |
Denied |
Response WaivedIFP |
case-conflict certiorari court-order criminal-procedure double-jeopardy due-process judicial-precedent legal-compliance precedent supreme-court supreme-court-review writ-of-certiorari |
Whether the opinion below conflicts with this Court's decisions in Witte v. United States, 515 U.S. 389 (1995), and Davis v. United States, __U.S.__, … |
| 20-6805 |
Michael M. Williams v. Josh Stein, Warden |
Fourth Circuit |
2021-01-08 |
Denied |
Response WaivedIFP |
6th-amendment actual-innocence constitutional-violation criminal-procedure exculpatory-evidence ineffective-assistance ineffective-assistance-of-counsel post-conviction-relief state-law-relief trial-counsel |
Question not identified. |
| 20-6810 |
Michael Lanier Watkins v. Georgia |
Georgia |
2021-01-08 |
Denied |
IFP |
criminal-procedure defendant-rights due-process ineffective-assistance judicial-discretion lesser-included-offense sixth-amendment trial-counsel |
Did Petitioner receive ineffective assistance of counsel when his trial counsel, against Petitioner's instruction, asked the trial court to return a c… |
| 20-6796 |
Simon A. Sanchez v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2021-01-07 |
Denied |
Response WaivedRelisted (2)IFP |
criminal-procedure deadly-weapon due-process fair-trial ineffective-assistance-of-counsel jury-instructions |
Whether Trial Counsel failure to object a factual withholding with Guilty modifications in two (Pharenteticals) of Jury instructions, prevented Juror'… |
| 20-6771 |
Oristel Soto-Peguero v. United States |
First Circuit |
2021-01-05 |
Denied |
Response WaivedIFP |
4th-amendment criminal-procedure evidence-suppression exclusionary-rule fourth-amendment fruit-of-the-poisonous-tree good-faith-exception illegal-search independent-source-doctrine search-and-seizure warrant-application |
Whether the court erred when it denied Petitioner's motion to suppress evidence discovered during an illegal search of Petitioner's residence on the b… |
| 20-6775 |
Dantazias Raines v. Georgia |
Georgia |
2021-01-05 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
criminal-procedure eighth-amendment jury-trial juvenile-sentencing life-without-parole montgomery-v-louisiana permanent-incorrigibility sixth-amendment |
Dantazias Raines was sentenced to life without parole for a botched robbery that ended in a death when he was seventeen years old. After the Supreme C… |
| 20-6777 |
James Baxton v. United States |
Fourth Circuit |
2021-01-05 |
Denied |
Response WaivedIFP |
conspiracy criminal-evidence criminal-law criminal-procedure district-court due-process evidence fourth-circuit rico rico-conspiracy sentencing sentencing-guidelines |
I. Whether the Government produced sufficient evidence to prove beyond a reasonable doubt that the Petitioner's actions were part of a Rico Conspiracy… |
| 20-6778 |
Richard Anderson v. United States |
Second Circuit |
2021-01-05 |
Denied |
Response WaivedIFP |
burden-of-proof courtroom-closure criminal-procedure family-member-exclusion public-trial sixth-amendment triviality-exception waller-v-georgia |
On October 4, 2013, and again on December 4, 2013, Kevin Felton, a friend of Mr. Anderson, tried to attend Mr. Anderson's trial. On both occasions, wi… |
| 20-6781 |
Bernard Moore v. United States |
Eleventh Circuit |
2021-01-05 |
Denied |
Relisted (2)IFP |
appellate-review circuit-split criminal-procedure due-process felon-in-possession felon-status jury-instructions rehaif-standard rehaif-v-united-states sentencing substantial-rights |
In Rehaif v. United States, this Court held that 18 U.S.C. §§ 922(g) and 924(a)(2) require the government to prove that "the defendant knew he possess… |
| 20-6755 |
Alejandro Tovar-Regalado v. United States |
Fifth Circuit |
2021-01-04 |
Denied |
Response WaivedIFP |
alleyne-rule almendarez-torres appellate-procedure apprendi-rule constitutional-law criminal-law criminal-procedure due-process judicial-interpretation precedent-interpretation sentencing supreme-court-review |
Whether this Court should consider the continuing validity of Almendarez-Torres v. United States, 523 U.S. 244 (1998), in light of the reasoning of Ap… |
| 20-6757 |
Phillip Jazir Thompson v. United States |
Fourth Circuit |
2021-01-04 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-sentencing due-process fugitive fugitive-status probation-law sentencing sentencing-conditions supervised-release tolling tolling-period |
Whether a term of supervised release is tolled during the time in which
the person on supervised release is a fugitive. |
| 20-6759 |
Bernard Weiters, Jr. v. United States |
Fourth Circuit |
2021-01-04 |
Denied |
Response WaivedIFP |
3582(c)(2) criminal-procedure criminal-sentencing first-step-act resentencing section-404(b) sentencing-guidelines statutory-interpretation statutory-mandatory-minimum statutory-maximum |
Whether the Court Committed error by declining to resentence the petitioner under Section 3582 of the First Step Act, when the Court earlier reduced t… |
| 20-6760 |
Adam Lee Thomas v. Texas |
Texas |
2021-01-04 |
Denied |
IFP |
civil-procedure criminal-procedure due-process evidence extraneous-offenses innocence-phase judicial-interpretation legal-error state-court texas-rules texas-rules-of-evidence |
Question not identified. |
| 20-6761 |
Wayne Wells, Jr. v. Terrie Wallace, Warden |
Fourth Circuit |
2021-01-04 |
Denied |
Response WaivedIFP |
age-of-consent civil-rights constitutional-rights criminal-law criminal-procedure due-process evidence-rules sentencing statutory-interpretation trial-procedure witness-testimony |
Does Module Code Ann. § 16-3-1055 (B)(c) has a constitutional requirement that a trial court must rule on the defendant's motion to suppress evidence … |
| 20-6764 |
James Ray Davis v. Christopher Morledge, Judge, Circuit Court of Arkansas, St. Francis County, et al. |
Eighth Circuit |
2021-01-04 |
Denied |
IFP |
appeals criminal-procedure due-process ineffective-assistance-of-counsel plea-bargaining sentencing |
nfed pnt
227
on8-21n 2th2017
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entence on new charge's
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pors,
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cr.17-243 2r-17-244
r 17-241 cr-17-242
did I see a motin to disc… |
| 20-6767 |
Marlon Thomas v. Illinois |
Illinois |
2021-01-04 |
Denied |
Relisted (2)IFP |
criminal-procedure due-process mental-competence pre-trial-evaluation right-to-counsel sentencing |
Question not identified. |
| 20-6770 |
Lelis Ezequiel Treminio-Tobar v. United States |
Fourth Circuit |
2021-01-04 |
Denied |
Response WaivedIFP |
5th-amendment affirmative-defense criminal-procedure due-process fifth-amendment jury-instruction jury-instructions trial-court |
Whether the Fifth Amendment Due Process right to present a defense requires the trial court to instruct the jury that it has a duty to acquit any defe… |
| 20-6730 |
Jose Lupe Corrall v. United States |
Fifth Circuit |
2020-12-31 |
Denied |
Response WaivedIFP |
controlled-substance controlled-substances criminal-law criminal-procedure drug-distribution due-process federal-scheduling guilty-plea knowledge-standard mens-rea plea-bargaining statutory-interpretation |
1. Under McFadden v. United States, ---U.S.---, 135 S.Ct. 2298 (2015), when a defendant pleads guilty to "knowingly" distributing a controlled substan… |
| 20-6734 |
John S. Mobasseri v. United States |
Sixth Circuit |
2020-12-31 |
Denied |
Response WaivedIFP |
18-usc-2259 child-pornography criminal-procedure criminal-sentencing due-process restitution retroactive-application statutory-amendment |
Whether it violates due process to retroactively apply the 2018
amendments to 18 U.S.C. § 2259 to offense conduct occurring prior to the
effective dat… |
| 20-6737 |
Christian Alejandro Perez v. United States |
Fifth Circuit |
2020-12-31 |
Denied |
Response WaivedIFP |
appellate-review constitutional-rights criminal-procedure due-process knowingly-and-voluntarily plea-bargain right-of-appeal waiver-of-appeal |
Was a dismissal of the appeal improper considering the court of appeals' reliance on a waiver of appeal pursuant to a plea bargain in which Mr. Perez … |
| 20-6743 |
Neil Dussard v. United States |
Second Circuit |
2020-12-31 |
Denied |
IFP |
circuit-split constitutional-challenge criminal-procedure due-process federal-jurisdiction plain-error sentencing sentencing-review statutory-interpretation united-states-v-davis |
Whether the Supreme Court should correct the Second Circuit's split from other Circuit Courts in addressing the recurring question of the validity of … |
| 20-6745 |
Demetrius Elishakim Jefferson v. United States |
Eighth Circuit |
2020-12-31 |
Denied |
Relisted (2)IFP |
18-usc-3742 404b-evidence attempt-offenses auer-deference circuit-split controlled-substance-offense criminal-procedure expert-testimony sentencing-guidelines |
1. Whether this Court should resolve a Split among the Circuit s and find a District Court's use of Application note 1 to U.S.S.G. § 4B1.2, which purp… |
| 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 |
Question not identified. |
| 20-6720 |
Terek Harper v. United States |
Fourth Circuit |
2020-12-30 |
Denied |
Response WaivedIFP |
consideration contract-law criminal-law criminal-procedure due-process federal-criminal-law plea-agreement plea-bargaining void-agreement void-for-lack-of-consideration |
Whether A Federal Criminal Plea Agreement is Void and Unenforceable When it Lacks Consideration. |
| 20-6724 |
Kaseem Alexander v. United States |
Eleventh Circuit |
2020-12-30 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
4th-amendment abuse-of-discretion civil-rights criminal-procedure downward-variance due-process gun-range property-rights search-and-seizure sentencing-guidelines standing target-shooting |
Issue 1: Whether the appellate court erred in affirming the District Court's abuse of discretion in overruling petitioner's objection to the Presenten… |
| 20-6726 |
Jamie Betances v. United States |
First Circuit |
2020-12-30 |
Denied |
Response WaivedIFP |
acceptance-of-responsibility criminal-procedure factual-objections guilty-plea legal-arguments plea-agreement sentencing-enhancement sentencing-guidelines |
Did the lower court err in denying Jamie Betances acceptance of responsibility, under U.S.S.G. § 3E1.1, after Mr. Betances pleaded guilty, accepted th… |
| 20-6727 |
Sergio Avalos v. United States |
Ninth Circuit |
2020-12-30 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fair-and-just-reasons guilty-plea impeachment-evidence impeachment-information plea-agreement post-hoc-disclosure withdrawal |
Whether being misled about the terms of the plea agreement and the government's post-hoc disclosure of impeachment information constituted "fair and j… |
| 20-6728 |
Jarvis O'Neil Adams v. Georgia Office of the Governor, et al. |
Eleventh Circuit |
2020-12-30 |
Denied |
Response WaivedIFP |
4th-amendment arrest civil-rights criminal-procedure law-enforcement narcotics officer-opinion probable-cause search-and-seizure seizure |
1. Whether probable cause pursuant to the 4th Amendment can be
established solely upon an officer's opinion of smelling narcotics.
2. Whether seizure… |
| 20-6731 |
Kevin Francis v. Massachusetts |
Massachusetts |
2020-12-30 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
case-screening court-procedure criminal-procedure indigent-defendants judicial-error legal-waiver precedent public-defender sixth-amendment waiver |
Whether the Massachusetts Supreme Judicial Court erred when it held that a public defender case screener who did not represent the defendant waived th… |
| 20-6732 |
Adams Joel Forty-Febres v. United States |
First Circuit |
2020-12-30 |
Denied |
Response WaivedIFP |
appellate-review burden-of-proof criminal-conviction criminal-procedure due-process evidence-insufficiency first-circuit judicial-review standard-of-review statutory-interpretation sufficiency-of-evidence |
Whether Evidence was Totally Insufficient for the Conviction to Fairly Stand. |
| 20-860 |
Ryan Randall Gilbertson v. United States |
Eighth Circuit |
2020-12-30 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
constitutional-rights criminal-procedure criminal-restitution due-process jury jury-determination procedural-due-process reasonable-doubt sentencing sixth-amendment |
Whether the Sixth Amendment prohibits a court from imposing criminal restitution on a defendant based on facts not found by the jury beyond a reasonab… |
| 20-6715 |
Michael Adair Mankin v. United States |
Fifth Circuit |
2020-12-29 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment sentencing sixth-amendment statutory-interpretation supervised-release |
Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments? |
| 20-6718 |
Jason J. Johnson v. California |
California |
2020-12-29 |
Denied |
IFP |
criminal-procedure due-process evidence evidentiary-rule judicial-discretion legal-standard newly-discovered-evidence post-conviction post-conviction-relief standards-of-review trial-procedure |
1. Under the "newly discovered evidence rule" does not evidence discovered after conviction, such as
evidence the movant could not have possibly disc… |
| 20-6688 |
Arthur Tyrone Lee, Jr. v. United States |
Eighth Circuit |
2020-12-23 |
Denied |
Relisted (2)IFP |
circuit-split criminal-law criminal-procedure plain-error rehaif-v-united-states sufficiency-of-evidence |
Whether, on plain error review and following this Court's decision in Rehaif v. United States, 139 S. Ct. 2191 (2019), a defendant's stipulation at tr… |
| 20-6698 |
Richard H. Morrison v. Florida |
Florida |
2020-12-23 |
Denied |
Response WaivedIFP |
appellate-review burden-of-proof constitutional-procedure criminal-procedure due-process evidentiary-burden habeas-corpus legal-burden procedural-standard state-courts state-jurisdiction |
DO THE STATE HAVE THE BURDEN, AND THEN THAT BURDEN SHIFT BACK TO THE DEFENDANT TO CHALLENGE? |
| 20-6699 |
Juan David Pineda-Rodriguez v. United States |
Fifth Circuit |
2020-12-23 |
Denied |
Response WaivedIFP |
case-review criminal-procedure due-process fifth-circuit judicial-precedent jury-trial legal-procedure sentencing stare-decisis statutory-interpretation supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez- Torres v. United States, 523 U.S. 244 (1998)? |
| 20-6701 |
Benjamin Pedraza, III v. Ohio |
Ohio |
2020-12-23 |
Denied |
Response WaivedIFP |
cell-phone-data constitutional-rights criminal-procedure eighth-amendment fifth-amendment fourteenth-amendment fourth-amendment law-enforcement-procedure privacy-expectation search-and-seizure warrantless-search |
Whether or not a third party, Appellant, has an expectation of privacy, in terms of cell-phone data that a police officer or detective obtains, howeve… |
| 20-6706 |
Roberto Degollado v. Texas |
Texas |
2020-12-23 |
Denied |
IFP |
and whether due process requires affirmative show 14th-amendment criminal-plea criminal-procedure due-process guilty-plea intentional-conduct memory memory-defense murder plea-bargaining |
1. Is a defendant's open plea of guilty to engaging in the knowing or intentional conduct required to prove a murder charge valid when the plea colloq… |
| 20-6691 |
Cesar Armenta Lopez v. United States |
Eleventh Circuit |
2020-12-22 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process fifth-amendment procedural-fairness sixth-amendment supervised-release united-states-v-haymond |
In light of the decision in United States v. Haymond , 139 S.Ct. 2369 (2019),
recognizing fundamental Fifth and Sixth Amendment limits on the impositi… |
| 20-6692 |
Juan Manuel Lopez-Canales v. United States |
Fifth Circuit |
2020-12-22 |
Denied |
Response WaivedIFP |
Almendarez-Torres case-review criminal-procedure due-process fifth-circuit judicial-precedent jury-trial legal-challenge recidivism sentencing supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 20-6694 |
Gerardo Flores-Riojas v. United States |
Fifth Circuit |
2020-12-22 |
Denied |
Response WaivedIFP |
case-law constitutional-law court-of-appeals criminal-procedure due-process judicial-review legal-precedent sentencing stare-decisis statutory-interpretation supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 20-838 |
Kim Blandino v. Nevada, et al. |
Nevada |
2020-12-22 |
Denied |
|
constitutional-rights criminal-procedure due-process fifth-amendment first-amendment fourteenth-amendment free-exercise impartial-judge judicial-impartiality structural-error |
(1) Whether this Court's decision in Rippo v. Baker, 137 S. Ct. 905 (2017) which concerns a structural error of the Constitutional denial of an impart… |
| 20-830 |
Washington v. Said Omer Ali |
Washington |
2020-12-21 |
Denied |
Amici (3) |
8th-amendment criminal-procedure eighth-amendment graham-v-florida individual-proportionality juvenile-offenders juvenile-sentencing life-without-parole miller-v-alabama proportionality-determination sentencing-guidelines supreme-court-precedent |
Whether Graham and Miller require an individual proportionality determination before imposing any sentence on a juvenile offender convicted in adult c… |
| 20-831 |
Washington v. Endy Domingo-Cornelio |
Washington |
2020-12-21 |
Denied |
Amici (3) |
8th-amendment constitutional-law criminal-procedure eighth-amendment graham-v-florida individual-proportionality juvenile-offenders juvenile-sentencing life-without-parole miller-v-alabama proportionality-review sentencing-guidelines |
Whether Graham and Miller require an individual proportionality determination before imposing any sentence on a juvenile offender convicted in adult c… |
| 20-833 |
William Todd Coontz v. United States |
Fourth Circuit |
2020-12-21 |
Denied |
Response Waived |
criminal-procedure criminal-tax-prosecution expert-testimony expert-witness-exclusion foundation sentencing-guidelines state-of-mind tax-knowledge tax-prosecution willfulness willfulness-standard witness-testimony |
Was it reversable error for the trial court to exclude the Petitioner's/ Coontz's key witness – the CPA expert – from testifying in a criminal tax pro… |
| 20-6668 |
Christopher Zamarripa v. United States |
Fifth Circuit |
2020-12-21 |
Denied |
IFP |
ambiguity appeal-waiver circuit-split criminal-procedure district-court due-process judicial-interpretation plea-bargaining plea-colloquy procedural-ambiguity |
Does a district court's mischaracterization, during the plea colloquy, of an appeal waiver create an ambiguity that must be construed against the gove… |
| 20-6674 |
Tony Chevallier v. United States |
Fourth Circuit |
2020-12-21 |
Denied |
Response WaivedIFP |
criminal-acts criminal-procedure drug-trafficking due-process judicial-discretion jury-conviction sentencing-factors sentencing-guidelines statutory-range uncharged-conduct |
I. When are trial judges prohibited from considering as sentencing factors criminal acts that a defendant was neither charged nor convicted of? And in… |
| 20-6675 |
Augustine L. Cavitte v. Nebraska |
Nebraska |
2020-12-21 |
Denied |
Response WaivedIFP |
criminal-procedure due-process evidence-admissibility law-enforcement-conduct miranda-rights prosecutorial-misconduct self-defense self-incrimination voluntariness |
1) Did the lower courts err in finding Ms. Cavitte's statements admissible contrary to present Miranda standards?
a. Did the Nebraska Court of Appeals… |
| 20-6677 |
In Re William Harold Wright, Jr. |
|
2020-12-21 |
Rehearing |
Response WaivedRelisted (2)IFP |
4th-amendment criminal-procedure due-process probable-cause search-and-seizure standing |
Question not identified. |
| 20-6679 |
Larry Dortley v. Florida |
Florida |
2020-12-21 |
Denied |
Response RequestedResponse WaivedRelisted (3)IFP |
civil-rights competency criminal-procedure drope-v-missouri due-process equal-protection fifth-amendment fourteenth-amendment mental-competency trial-rights |
Petitioner, Larry Dortley, was declared incompetent to proceed to trial by the Third Judicial Circuit Court, Columbia County, Florida, and was involun… |
| 20-6680 |
Darryl Taylor v. Timothy E. Buchanan, Warden |
Sixth Circuit |
2020-12-21 |
Denied |
Response WaivedIFP |
constitutional-review criminal-procedure due-process federal-law habeas-corpus ineffective-assistance jackson-v-virginia standard-of-review standing sufficiency-of-evidence |
Question not identified. |
| 20-6683 |
Reynaldo Diaz-Guzman v. United States |
Sixth Circuit |
2020-12-21 |
Denied |
Response WaivedIFP |
civil-rights constitutional-violation criminal-procedure due-process evidence-suppression judicial-discretion jurisdiction prosecutorial-misconduct standing subject-matter-jurisdiction |
Whether The court of Appeals erred and abused its discretion For Forfeiting The challenge The indictment and argue For dismissal For lack of subject m… |
| 20-6656 |
Jose Armando Bazan v. United States |
Fifth Circuit |
2020-12-18 |
Denied |
Response WaivedIFP |
criminal-procedure davis-v-united-states fifth-circuit plain-error role-adjustment sentencing |
Whether the Fifth Circuit properly applied the plain error standard of review in determining that petitioner failed to establish plain error regarding… |
| 20-6657 |
Ezer Rosembel Barrientos-Osorio v. United States |
Fifth Circuit |
2020-12-18 |
Denied |
Response WaivedIFP |
constitutes plain error affecting substantial rig for a defendant likely to be deported criminal-procedure deportation plain-error sentencing-guidelines substantial-rights supervised-release |
Where a district court commits plain error by failing to follow Section 5D1.1(c) of the United States Sentencing Guidelines by imposing, without expla… |
| 20-6659 |
Eddie Ashley v. California, et al. |
California |
2020-12-18 |
Denied |
Response WaivedIFP |
california-law california-supreme-court constitutional-law constitutional-rights criminal-procedure double-jeopardy due-process federal-jurisdiction judicial-discretion sentencing-enhancement sentencing-enhancements |
Does Petitioner had a Federal Due Process Right to the Prohibition of the Imposition of Two Different Sentencing Enhancements, per the California Supr… |
| 20-6660 |
Shusta Traverse Gumbs v. United States |
Eleventh Circuit |
2020-12-18 |
Denied |
Response WaivedIFP |
circuit-split criminal-law criminal-procedure deadly-weapon intent jury-instruction jury-instructions lesser-included-offense united-states-v-feola |
I. Whether the district court erred in giving only the first sentence of Mr. Gumbs' request to charge on use of a deadly weapon in light of the Circui… |
| 20-6661 |
Brian Keith Figge v. Scott Frauenheim, Warden |
Ninth Circuit |
2020-12-18 |
Denied |
IFP |
criminal-defendant criminal-procedure deliberation-process due-process judicial-misconduct juror-dismissal jury-deliberations jury-selection jury-trial sixth-amendment trial-by-jury |
Does a trial court violate a criminal defendant's Sixth Amendment right to trial by jury when it dismisses a defense holdout juror on the third day of… |
| 20-6662 |
Ian D. Goolsby v. United States |
Second Circuit |
2020-12-18 |
Denied |
Relisted (2)IFP |
specifically allowing review beyond the trial rec circuit-conflict criminal-procedure due-process element-of-offense jury-instruction plain-error-review presentence-report rehaif-v-united-states scope-of-review supreme-court-decision |
In Rehaif v. United States, 139 S. Ct. 2191, 2194 (2019), this Court held that 18 U.S.C. §§ 922(g) and 924(a)(2) require the government to prove not o… |
| 20-6663 |
Benjamin Justin Brownlee v. New York |
New York |
2020-12-18 |
Denied |
IFP |
brady-violation criminal-discovery criminal-procedure discovery due-process late-disclosure medical-evidence medical-records prosecutorial-misconduct trial-procedure |
Did the prosecution violate its duties under Brady v Maryland (373 US 83 [1963]) and its progeny by withholding the complainant's medical records unti… |
| 20-6643 |
Adrian McCray v. Scott Lewis, Warden, et al. |
Fourth Circuit |
2020-12-17 |
Denied |
IFP |
civil-rights criminal-procedure due-process equal-protection prosecutorial-misconduct standing |
Question not identified. |
| 20-6647 |
Douglas Charles Knicely v. United States |
Fourth Circuit |
2020-12-17 |
Denied |
Response WaivedIFP |
4th-amendment appellate-review criminal-procedure district-court fourth-circuit motion-to-suppress pretrial-motion search-and-seizure standard-of-review |
Whether the United States Court of Appeals for the Fourth Circuit erred when it affirmed the district court's denial of Appellants' pretrial motion to… |
| 20-6638 |
Raheem Jefferson Brennerman, aka Jefferson R. Brennerman, aka Ayodeji Soetan v. United States |
Second Circuit |
2020-12-16 |
Denied |
Response WaivedIFP |
abuse-of-discretion constitutional-rights criminal-defendant criminal-procedure due-process judicial-discretion judicial-review liberty second-circuit trial-court |
Whether the abuse of discretion standard imposed by the United States Court of Appeals for the Second Circuit is Constitutionally impermissible - wher… |
| 20-6625 |
Shane Q. Whipple v. Michael Johnson, et al. |
Eleventh Circuit |
2020-12-15 |
Denied |
Response WaivedIFP |
appeals civil-rights constitutional-claim criminal-procedure due-process federal-review habeas-corpus ineffective-assistance standing state-court statute-of-limitations |
CAN U.S. DISTRICT JUDGE MARCIA MORALES HOWARD WITHDRAW THE FORMA PAUPERIS ON THE HABEAS CORPUS FILED IN JURISDICTION APPEAL NO. 20-104215 AFTER PLAINT… |
| 20-6628 |
Rodane Lamb v. United States |
Eleventh Circuit |
2020-12-15 |
Denied |
Response WaivedIFP |
conspiracy-charges criminal-procedure dea-testimony due-process evidence ineffective-assistance ineffective-assistance-of-counsel jury-instructions jury-selection trial-errors |
1) Was Counsel Ineffective For Not Challenging Petitioner's
Stated Cumulative Errors in Argument One?
2) Was Counsel Ineffective For Not Challenging… |
| 20-6619 |
Pedro Carrasco, Jr., aka Pedro Carrasco v. United States |
Ninth Circuit |
2020-12-14 |
Denied |
Response WaivedRelisted (2)IFP |
appellate-rights criminal-procedure dispositive-pretrial-motion effective-assistance-of-counsel ineffective-assistance-of-counsel plea-agreement plea-bargaining pretrial-motion right-to-appeal sixth-amendment |
Is a criminal defendant deprived effective assistance of counsel as guaranteed by the Sixth Amendment when counsel knowingly withholds from the trial … |
| 20-6620 |
Michael R. Spengler v. Los Angeles County District Attorney |
Ninth Circuit |
2020-12-14 |
Denied |
IFP |
civil-procedure collateral-estoppel criminal-procedure double-jeopardy due-process exhaustion-doctrine federal-review habeas-corpus jurisdiction state-remedies |
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WeFoce -fir^r st^TS *fTfA… |
| 20-6621 |
Shauna Smith v. Brooks Benton, Warden |
Georgia |
2020-12-14 |
Denied |
IFP |
appellate-review cell-phone-records criminal-procedure evidence-suppression habeas-corpus ineffective-assistance-of-counsel phone-records trial-procedure |
1) Ms. Smith alleged that her appellete course! was ineHectue —
Tor Failing 40 raise: on appeal that hertrial counsel wos deficient
For not moving to … |
| 20-6608 |
Zachary Michael Patten v. Michigan |
Michigan |
2020-12-11 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel insanity-defense investigation medication mental-health search-and-seizure |
I. Pettioner was denied his constititonal right to the effective assistance of counsel, where in spite of pettoners eftensive mentd health history and… |
| 20-6610 |
Luis Sanabria-Robreno v. United States |
Third Circuit |
2020-12-11 |
Denied |
Relisted (2)IFP |
18-usc-922g constitutional-validity criminal-procedure due-process essential-elements firearm-possession guilty-plea plea-bargaining rehaif-v-united-states |
When defendant s plead guilty, this Court's precedent —consistent with due process —require s that they understand the offense's essential elements. I… |
| 20-6615 |
Cornell McHenry v. Texas, et al. |
Fifth Circuit |
2020-12-11 |
Denied |
IFP |
conflict-of-interest constitutional-law criminal-procedure due-process evidence habeas-corpus ineffective-assistance judicial-discretion prosecutorial-misconduct standard-of-review witness-testimony |
Did the Fifth Circuit err in deferring to the State trial Counsel's conflict of Interest and failure to Call a witness who would have impeached the st… |
| 20-793 |
Samir Rafic Khoury v. United States |
Fifth Circuit |
2020-12-11 |
Denied |
Response Waived |
appellate-review criminal-defendant criminal-procedure indictment-dismissal mandamus mandamus-relief post-indictment-delay post-judgment-review prejudice speedy-trial |
Whether a Court of Appeals may review, on petition for a writ of mandamus, the denial of a criminal defendant's motion to dismiss the indictment on sp… |
| 20-6592 |
Edgar Gomez v. Raymond Madden, Warden |
Ninth Circuit |
2020-12-10 |
Denied |
IFP |
criminal-procedure criminal-proceeding due-process faretta-right habeas-corpus right-to-counsel self-representation sixth-amendment timeliness |
(1) Was Petitioner's denied his right to self-representation pursuant to Faretta v. California, 422 U.S. 806 (1975) when the trial court denied the re… |
| 20-6598 |
Stephen Frederick Baker, Jr. v. Mark Capozza, Superintendent, State Correctional Institution at Fayette, et al. |
Third Circuit |
2020-12-10 |
Denied |
IFP |
civil-rights criminal-procedure discovery due-process effective-assistance-of-counsel equitable-tolling guilty-plea ineffective-assistance-of-counsel sixth-amendment |
Whether the petitioner is entitled to step through the gateway of equitible tolling? 1.
Whether state courts determinations of trial counsels effecti… |
| 20-6599 |
Randy Dominguez v. United States |
Fifth Circuit |
2020-12-10 |
Denied |
IFP |
appeal circuit-split criminal-procedure good-faith in-forma-pauperis retained-counsel |
If a criminal defendant was represented by retained counsel in the district court, must he show that his appeal is taken in good faith to proceed in f… |
| 20-6601 |
Savannah Sifuentes v. United States |
Fifth Circuit |
2020-12-10 |
Denied |
Relisted (2)IFP |
appellate-review criminal-procedure elements-of-offense essential-element forfeiture guilty-plea indictment indictment-challenge statutory-interpretation waiver |
1. Whether a defendant who unsuccessfully moves to dismiss an indictment for failure to allege an essential element of the crime waives or forfeits th… |
| 20-6572 |
Deshawn Legrier v. United States |
Second Circuit |
2020-12-09 |
Denied |
Relisted (2)IFP |
appellate-review criminal-procedure evidence-consideration felon-in-possession judicial-proceedings jury-instructions plain-error-review rehaif-error rehaif-v-united-states sufficiency-of-evidence trial-record |
In Rehaif v. United States, 139 S.Ct. 2191 (2019), this Court held that knowledge-of-status was an element of the crime set forth in 18 U.S.C. § 922(g… |
| 20-6575 |
Ronald Jermaine Jackson v. United States |
Eighth Circuit |
2020-12-09 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure due-process federal-jurisdiction free-speech government-accountability indigenous-rights jurisdiction land-management standing tribal-sovereignty |
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H . (_^a A… |
| 20-6580 |
Joseph W. Peeples, III v. United States |
Second Circuit |
2020-12-09 |
Denied |
Response WaivedIFP |
arrest civil-rights constitutional-rights criminal-procedure detention due-process evidence-admissibility fourth-amendment search-and-seizure travel warrantless-search |
Does the long standing commitment on U.S. Constitution Fourth and Fourteenth Amendment to right with Federal Rules of Criminal Procedure 3, 5, 5.1, 7,… |
| 20-6583 |
Edgar Espinoza v. United States |
Ninth Circuit |
2020-12-09 |
Denied |
Relisted (2)IFP |
constitutional-defect criminal-indictment criminal-procedure federal-jurisdiction fifth-amendment guilty-plea indictment jurisdiction mens-rea sixth-amendment |
1. Circuit courts are split on whether federal courts have jurisdiction over a criminal matter when the charging document omits an essential mens rea … |
| 20-6584 |
Richard Olive v. United States |
Sixth Circuit |
2020-12-09 |
Denied |
Response WaivedIFP |
certificate-of-appealability criminal-procedure habeas-corpus ineffective-assistance plea-bargaining prejudice right-to-counsel sixth-amendment strickland-v-washington |
1. What do Missouri v. Frye, 566 U.S. 134 (2012), and Lafler v. Cooper, 566 U.S. 156 (2012), require of a defendant to demonstrate prejudice resulting… |
| 20-6585 |
Bernard Moore v. United States |
Eleventh Circuit |
2020-12-09 |
Dismissed |
IFP |
appellate-review circuit-split criminal-law criminal-procedure due-process felon-in-possession fifth-amendment jury-instructions rehaif-standard rehaif-v-united-states substantial-rights |
One and Two
In Rehaif v. United States, this Court held that 18 U.S.C. §§ 922(g) and 924(a)(2) require the government to prove that "the defendant kn… |
| 20-6589 |
John Xavier Portillo, aka John Portillo v. United States |
Fifth Circuit |
2020-12-09 |
Denied |
Response WaivedIFP |
criminal-procedure critical-stage initial-appearance magistrate magistrate-hearing right-to-counsel sixth-amendment |
Whether the initial appearance before a Magistrate after the right to counsel has attached is a critical stage of the proceeding under the Sixth Amend… |
| 20-6590 |
Jimmy Pike v. United States |
Fifth Circuit |
2020-12-09 |
Denied |
Response WaivedIFP |
appellate-review clear-error conspiracy criminal-procedure drug-conspiracy methamphetamine mitigating-role sentencing-guidelines |
A district court's guidelines calculatio ns are reviewed for clear
error. Did the court of appeals err in holding that the district court's
guidelines… |
| 20-6548 |
Tamral Guzman v. United States |
Sixth Circuit |
2020-12-08 |
Denied |
Response WaivedIFP |
14th-amendment 6th-amendment civil-rights constitutional-rights criminal-procedure due-process evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel newly-discovered-evidence post-conviction-relief |
Question not identified. |
| 20-6558 |
Sonya Bamberg v. Georgia |
Georgia |
2020-12-08 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process evidence-suppression habeas-corpus judicial-procedure post-conviction-proceedings right-to-appeal right-to-counsel |
Sonya Bamberg was denied due process because she was denied a full and complete record to review for appeal. Bamberg was denied meaningful review of h… |
| 20-6559 |
Jesus Villarreal-Ramirez v. United States |
Fifth Circuit |
2020-12-08 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure indictment jury-determination jury-trial prior-conviction sentencing statutory-maximum |
I. Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and ei… |
| 20-6565 |
Simon Quinn v. Louisiana |
Louisiana |
2020-12-08 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-intent criminal-investigation criminal-procedure homicide-investigation obstruction-of-justice reasonable-doubt specific-intent statutory-interpretation underlying-conviction |
Reasonable jurist would debate that the State failed to meet its burden of proof of beyond a reasonable doubt that Mr. Quinn is guilty of the offense … |
| 20-6566 |
Anilou Beltran Del Rio v. United States |
Fifth Circuit |
2020-12-08 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment sentencing sixth-amendment statutory-interpretation supervised-release |
Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments? |
| 20-6567 |
Kedrio Lekeis Summerville v. United States |
Fourth Circuit |
2020-12-08 |
Denied |
Response WaivedIFP |
6th-amendment constitutional-claim criminal-procedure due-process evidentiary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-withdrawal post-conviction-relief |
The counsel conceded dtiring sentencing that "it was his
fault that Mr. Summerville was faced with the increased penalty
because he failed to investi… |
| 20-6568 |
Francisco Javier Gonzalez v. United States |
Fifth Circuit |
2020-12-08 |
Denied |
Response WaivedIFP |
5th-circuit court-of-appeals criminal-procedure due-process legal-review procedural-question remand standard-of-review supreme-court united-states-v-penn |
Whether this Court should remand to the court below in light of United States v. Penn, 969 F.3d 450 (5th Cir. August 5, 2020)? |
| 20-6526 |
Kendesia Juinize May v. United States |
Fourth Circuit |
2020-12-07 |
Denied |
Response WaivedIFP |
buy-sell-defense buy-sell-transactions conspiracy conspiracy-law criminal-procedure judgment-of-acquittal jury-instruction jury-instructions plain-error rule-29 |
1. Whether the trial court committed plain error in refusing to grant a "buy-sell" defense jury instruction when the government's evidence of a conspi… |
| 20-6545 |
Michael Meadows v. United States |
Sixth Circuit |
2020-12-07 |
Denied |
Response WaivedIFP |
criminal-procedure cumulative-error-doctrine drug-enforcement drug-profile-testimony due-process evidence expert-testimony judicial-procedure legal-admissibility trial-evidence trial-practice |
I. Does drug profile testimony have any legitimate use as trial evidence?
II. Does the cumulative error doctrine exist and, if so, can errors to whic… |
| 20-6551 |
Andy Williams v. United States |
Second Circuit |
2020-12-07 |
Denied |
Relisted (2)IFP |
constitutional-law criminal-procedure fourth-amendment inventory-search probable-cause reasonable-suspicion rehaif-v-united-states warrantless-search |
Question One: Was the second warrantless search of the car - which followed the completed inventory search and was prompted by an officer's later-deve… |
| 20-6554 |
Jeffrey Fay Pike v. United States |
Fifth Circuit |
2020-12-07 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fair-trial impartial-jury jury-anonymity jury-selection presumption-of-innocence sixth-amendment |
(1) whether cloaking jurors in anonymity impermissibly impairs the presumption of innocence and the right of the accused to an impartial jury and (2) … |
| 20-775 |
Clifford Williams v. Louisiana |
Louisiana |
2020-12-07 |
Denied |
Response Waived |
constitutional-rights criminal-procedure due-process evidence-admissibility fifth-amendment fourteenth-amendment right-to-present-defense self-defense sixth-amendment |
Clifford Williams was convicted of murder in New Orleans, Louisiana, after the trial court denied him the right to introduce evidence showing he was r… |
| 20-776 |
Gregory Williams v. Leonta Jackson, Warden |
Seventh Circuit |
2020-12-07 |
Denied |
Response Waived |
criminal-defendant criminal-procedure habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargaining sentencing-exposure strickland-standard strickland-test |
1. When a criminal defendant is considering whether to accept a plea offer, is defense counsel's failure to advise the defendant of his or her sentenc… |
| 20-6517 |
Elvis Basic v. United States |
Eighth Circuit |
2020-12-04 |
Denied |
Response WaivedIFP |
burden-of-proof circuit-split criminal-procedure drug-quantity federal-sentencing judicial-discretion sentencing sentencing-guidelines standard-of-review |
1. Whether a federal district court must use the "err on the side of caution" principle when approximating the drug quantity? |
| 20-6511 |
Jose Antonio Lugo-Guerrero, aka Antonio Moraima, aka Fernando Rivera-Rodriguez, aka Alex v. United States |
First Circuit |
2020-12-03 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process fifth-amendment guilty-plea judicial-review plea-bargaining sentencing sixth-amendment |
1. Whether This Court Should Grant This Petition Because The First Circuit's Judgment Affirming The District Court's Judgment Violates Mr. Lugo-Guerre… |
| 20-6512 |
Davey Lewis v. Florida |
Florida |
2020-12-03 |
Denied |
IFP |
confession-suppression confessions constitutional-rights criminal-procedure due-process exclusionary-rule interrogation-tactics law-enforcement miranda-rights police-interrogation |
Can the State doubts allow the Voitee by use promises, inducements, threats and for taken obtaining a Confession and then also Suppress the Confession… |
| 20-6516 |
Eric Dynell McGadney v. United States |
Eleventh Circuit |
2020-12-03 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure eleventh-circuit judicial-discretion molina-martinez per-se-rule prejudice prejudicial-error sentencing-error sentencing-framework sentencing-guidelines |
Whether a sentencing court's statement that it would have imposed the same sentence regardless of the Guidelines creates a per se rule that a miscalcu… |
| 20-6519 |
Julian Mondragon-Hernandez, aka David Rojas, et al. v. United States |
Ninth Circuit |
2020-12-03 |
Denied |
Response WaivedIFP |
alternative-elements conviction criminal-procedure factual-findings judicial-fact-finding judicial-review jury-instructions jury-verdict mandatory-minimum-sentences mandatory-minimums sentencing sufficiency-of-evidence |
When a jury verdict allows for alternative elements of conviction, may courts review the evidence and make factual findings to uphold the conviction a… |
| 20-6521 |
Hector Valdez v. United States |
First Circuit |
2020-12-03 |
Denied |
Response WaivedIFP |
appeal-waiver appellate-review criminal-procedure first-step-act retroactivity sentencing statutory-interpretation waiver-of-rights |
If a defendant waives the right to appeal a sentence and the waiver takes place before the passage of the First Step Act and the defendant is sentence… |
| 20-6524 |
Joshua D. Myers v. Georgia |
Georgia |
2020-12-03 |
Denied |
IFP |
burden-of-proof consent criminal-law criminal-procedure due-process jury-instructions lesser-included-offense sexual-assault sexual-battery standard-of-proof trial-court-discretion trial-procedure |
Whether the State proved the essential element of "without the consent" beyond a reasonable doubt.
Whether the trial court's refusal to charge the le… |
| 20-6527 |
Byron Brown v. United States |
Seventh Circuit |
2020-12-03 |
Denied |
Response WaivedIFP |
appellate-review bivens civil-rights criminal-procedure damages due-process federal-government legal-interpretation seventh-circuit writ-of-certiorari |
Question not identified. |
| 20-6529 |
Wesley Wayne Wakeford v. United States |
Fifth Circuit |
2020-12-03 |
Denied |
Response WaivedIFP |
2d1.1(b)(5) circuit-split criminal-law criminal-procedure drug-offense drug-offenses methamphetamine-importation sentencing-guidelines statutory-interpretation |
This Court should grant this petition to interpret Sentencing Guide-lines section 2D1.1(b)(5). What an "offense that involved the importa-tion" of met… |
| 20-6496 |
Michael Alford v. United States |
Eleventh Circuit |
2020-12-02 |
Denied |
Response WaivedIFP |
child-pornography criminal-procedure due-process evidentiary-hearing expert-services expert-witness forensic-evidence ineffective-assistance-of-counsel legal-assistance motion-of-innocence pro-se-litigant right-to-counsel |
Wheth The Court erred in Refusing To Order legal assistance and forensic Software expert assist. To Obtain and Subrit factual evidence of The Microsof… |
| 20-6483 |
Adrien John Matuck v. United States |
Ninth Circuit |
2020-12-01 |
Denied |
Response WaivedRelisted (2)IFP |
civil-rights constitutional-proportionality criminal-procedure due-process eighth-amendment ineffective-assistance-of-counsel juvenile-sentencing life-without-parole sentencing-discretion speedy-trial statute-of-limitations |
Question not identified. |
| 20-6487 |
Andrew Johnston v. United States |
Seventh Circuit |
2020-12-01 |
Denied |
Response WaivedRelisted (2)IFP |
appellate-review civil-rights constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel jurisdictional-challenge sentencing suppression-of-evidence |
Question not identified. |
| 20-6492 |
Calvin James v. United States |
Eleventh Circuit |
2020-12-01 |
Denied |
IFP |
administrative-law civil-rights constitutional-law criminal-procedure due-process federal-jurisdiction firearms government-power interstate-commerce sentencing statutory-interpretation |
i,) i-ld'iA/ rr£ &6\/£gMrtE.iJT :TrAJhrc %bFo&£ r^sr /}pP£ A £Ahic£ di. f%& -,Td*ZUs»h
Wt A :m& ?/ Auo Ntjlsc Fo/c o£ Pea,*, of,,* T7 &j%/ -A ^ ?
$>)… |
| 20-6494 |
Jose Andres Vera-Gutierrez v. United States |
Eighth Circuit |
2020-12-01 |
Denied |
Response WaivedIFP |
appellate-review burden-of-proof criminal-procedure due-process evidence evidentiary-error harmless-error witness-credibility |
WHETHER ERRONEOUSLY ADMITTED EVIDENCE CRITICAL TO PROVING AN ELEMENT OF THE CHARGED OFFENSE CAN BE DEEMED HARMLESS BASED ON THE APPELLATE COURT'S DETE… |
| 20-752 |
Gavin B. Davis v. California |
California |
2020-12-01 |
Denied |
Relisted (2) |
appeal appellate-review civil-rights criminal-procedure due-process judicial-discretion plea-bargaining plea-withdrawal sentencing totality-of-circumstances |
(1) Did the 4th Dist., Div. 1, Court of Appeal, California, err in its (a) inquiry and (b) application of Boykin / Tahl 1 analysis under its (c) "tota… |
| 20-6468 |
Kinzey Shaw v. United States |
Eighth Circuit |
2020-11-30 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure drug-quantity evidence sentencing standard-of-review |
1. Whether there was sufficient foundation to support the District Court's drug quantity approximation?
2. Whether the Eighth Circuit's decision to a… |
| 20-6474 |
Pedro Fermin Barajas v. United States |
Fifth Circuit |
2020-11-30 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure due-process judicial-discretion sentencing sentencing-factors sentencing-review standard-of-review substantive-reasonableness |
Whether substantive reasonableness review necessarily encompasses some degree of reweighing the sentencing factors? |
| 20-6479 |
Genaro Garcia v. Indiana |
Indiana |
2020-11-30 |
Denied |
Response WaivedIFP |
14th-amendment civil-rights criminal-procedure due-process equal-protection ineffective-assistance-of-counsel post-conviction post-conviction-petition prosecutorial-misconduct |
I.
Is State Appellate Court's unexplained to allow a petitioner to file a successive petition for Post-Conviction reliet under Rule I(zz) and Post-Con… |
| 20-6459 |
David Lee Garrett v. United States |
Fifth Circuit |
2020-11-27 |
GVR |
Relisted (2)IFP |
18-usc-924(e) civil-rights criminal-law criminal-procedure federal-criminal-procedure sentencing-enhancement simple-robbery statutory-interpretation texas-criminal-code texas-offense violent-felony |
I. Whether the Texas offense of simple robbery constitutes a "violent felony" under 18 U.S.C. §924(e)?
II. Whether the Texas offense of burglary cons… |
| 20-6460 |
Reginald Hollie v. United States |
Eleventh Circuit |
2020-11-27 |
Denied |
Relisted (2)IFP |
armed-career-criminal-act commerce-clause conviction criminal-conviction criminal-procedure drug-offense interstate-commerce jury-trial plain-error-review rehaif-v-united-states sentencing-enhancement |
1. Whether, in cases charged and tried to a jury before this Court decided Rehaif v. United States, 139 S. Ct. 2191 (2019), courts of appeals may rely… |
| 20-6463 |
Alex Murillo v. United States |
Fifth Circuit |
2020-11-27 |
Denied |
Response WaivedIFP |
case-review constitutional-law criminal-procedure criminal-sentencing due-process fifth-circuit judicial-precedent legal-challenge statutory-interpretation supreme-court-precedent supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 20-6465 |
Damontaze Montrell Tillery v. United States |
Fourth Circuit |
2020-11-27 |
Denied |
Response WaivedIFP |
convicted-felon criminal-evidence criminal-procedure drug-trafficking due-process firearm-possession motion-for-acquittal sentencing sentencing-guidelines sufficiency-of-evidence |
Whether the Court of Appeals erred in affirming the District Court's decision to overrule Petitioner's motion for acquittal when the evidence at trial… |
| 20-6466 |
Louis Anthony Jackson v. United States |
Fourth Circuit |
2020-11-27 |
Denied |
IFP |
924(c) 924(c)-sentence certificate-of-appealability crime-of-violence criminal-procedure davis-decision due-process hobbs-act-robbery residual-clause sentencing |
[1] WHETHER A CERTIFICATE OF APPEALABILITY SHOULD HAVE BEEN GRANTED, WHERE MR. JACKSON ARGUED THAT IN LIGHT OF THIS COURT'S DECISION IN UNITED STATES … |
| 20-736 |
Adam Frasch v. Florida |
Florida |
2020-11-27 |
Denied |
Response Waived |
appeals brady-v-maryland brady-violation criminal-defendant criminal-procedure discovery due-process evidence evidence-disclosure evidentiary-hearing prosecutorial-misconduct |
Whether a criminal defendant is entitled to an evidenti ary hearing to determi ne if a violation has occur red pursuant to Brady v. Maryland , 373 U.S… |
| 20-719 |
Don Arthur Webster, Jr. v. United States District Court for the District of Alaska |
Ninth Circuit |
2020-11-25 |
Denied |
|
civil-rights constitutional-violation criminal-law criminal-procedure due-process international-treaty judicial-bias marginalized-communities marginalized-populations racial-discrimination treaty-interpretation |
(1) Does RACIAL BIAS DISPROPORTIONALLY AFFECT THE FEDERAL COURTS TREATMENT OF MARGINALIZED PEOPLE OF COLOR, WHEN ADDRESSING THE INTERNATIONAL TREATY A… |
| 20-6433 |
Byron Jones v. United States |
Fifth Circuit |
2020-11-25 |
Denied |
Response WaivedIFP |
assault-with-dangerous-weapon criminal-procedure drug-conspiracy evidence-admission fifth-circuit-court jury-instructions murder-in-aid-of-racketeering pattern-of-racketeering rico-conspiracy rico-enterprise witness-intimidation |
1. Did the Fifth Circuit Court of Appeals err when it found that Byron Jones was guilty of a RICO conspiracy?
2. Did the Fifth Circuit Court of Appea… |
| 20-6435 |
Christopher Jones v. United States |
Fifth Circuit |
2020-11-25 |
Denied |
Response WaivedIFP |
aggregate-sentencing constitutional-law criminal-procedure criminal-sentencing due-process federal-appeals federal-courts judicial-precedent north-carolina-pearce north-carolina-v-pearce sentencing-doctrine |
Whether the aggregate sentencing doctrine adopted by various Federal Courts of Appeal violates the rule set forth in North Carolina v. Pearce? |
| 20-6452 |
Michael Deshawn Homer v. United States |
Fifth Circuit |
2020-11-25 |
Denied |
Response WaivedIFP |
vacate the sentence and remand to the Fifth Circu case-remand certiorari constitutional-law criminal-procedure due-process fifth-circuit sentence-vacatur sentencing supreme-court-review united-states-v-haymond |
I. Whether this Court should grant certiorari, vacate the sentence and remand to the Fifth Circuit for reconsideration in light of United States v. Ha… |
| 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 |
The lower courts are in conflict about whether the Sixth Amendment's Confrontation Clause, the Fifth Amendment's Due Process Clause, or some other aut… |
| 20-6457 |
Phillip Watkins v. United States |
Sixth Circuit |
2020-11-25 |
Denied |
Response WaivedIFP |
appellate-procedure civil-rights constitutional-rights criminal-procedure due-process hybrid-representation pro-se right-to-counsel sixth-circuit standing supplemental-brief |
1. Whether Petitioner, after presenting trial court motion in an alternative court action in an amended (Amend.) black letter brief presented Pro Se b… |
| 20-6409 |
Hugo Humberto Perez Rangel v. United States |
Fifth Circuit |
2020-11-24 |
Denied |
IFP |
advisory-opinions appellate-review criminal-procedure federal-sentencing guideline-error harmless-error incentive-to-object judicial-discretion sentencing sentencing-discretion sentencing-guidelines |
Whether Guideline error is necessarily harmless if the district court is presented with the Guideline range later vindicated on appeal and disclaims a… |
| 20-6411 |
Miguel A. Ramirez v. California |
California |
2020-11-24 |
Denied |
IFP |
civil-rights criminal-conviction criminal-procedure cumulative-error defendant-rights due-process evidence-admissibility jury-instructions prejudicial-error sexual-abuse |
1. whetheR a juRy InstRuction in corractly Stating
That Continous Sexual abuse of a child is a
general intent cRime was PRejudiciael?
2. Whothek the … |
| 20-6412 |
Robert St. Hilaire v. United States |
Second Circuit |
2020-11-24 |
Denied |
Response WaivedIFP |
appellate-review circuit-split criminal-procedure criminal-sentencing firearm-possession sentencing-guidelines serial-number serial-number-alteration statutory-interpretation |
Whether the Second Circuit, which noted it was deepening a split over the meaning of U.S.S.G. § 2K2.1(b)(4)(B), properly construed that Guideline's 4-… |
| 20-6426 |
Jose Farias-Valdovinos v. United States |
Eighth Circuit |
2020-11-24 |
Denied |
Response WaivedIFP |
appeal-waiver criminal-procedure factual-basis mens-rea plea-bargaining plea-colloquy rule-11 specific-intent specific-intent-crime |
Whether the district court's omission of an independent inquiry into a defendant's mens rea during the Rule 11 plea colloquy for a specific intent cri… |
| 20-714 |
Stephen A. Saccoccia v. United States, et al. |
First Circuit |
2020-11-24 |
Denied |
Response Waived |
appellate-review criminal-forfeiture criminal-procedure due-process forfeiture-law gross-disproportionality joint-and-several-liability joint-liability statutory-interpretation supreme-court-precedent |
Whether the courts of appeal may create exceptions to this Court's finding in Honeycutt v. United States that there exists no statutory authority for … |
| 20-715 |
Jibriil A. Hersi v. Ed Sheldon, Warden |
Sixth Circuit |
2020-11-24 |
Denied |
Response Waived |
criminal-procedure due-process evidence jury-authorization jury-trial police-conduct police-misconduct prosecutorial-discretion right-to-counsel trial-records |
1) Whether I am entitled to get the missing records from my trial in Medina County, Ohio for statements made by the judge outside the hearing of the j… |
| 20-718 |
Mario Nelson Reyes-Romero v. United States |
Third Circuit |
2020-11-24 |
Denied |
|
attorney-fees civil-rights criminal-procedure eaja equal-access-to-justice-act government-misconduct hyde-amendment standing united-states-position |
The Hyde Amendment authorizes a district court to award attorney's fees and costs to a prevailing criminal defendant "where the court finds that the p… |
| 20-6404 |
Henry T. Liggins v. Bob Vashaw, Warden |
Sixth Circuit |
2020-11-23 |
Denied |
Relisted (2)IFP |
appellate-procedure civil-rights constitutional-rights criminal-procedure due-process evidence fourth-amendment ineffective-assistance-of-counsel judicial-review legal-standing statutory-interpretation |
Question not identified. |
| 20-6405 |
Joshua Cato v. United States |
Fifth Circuit |
2020-11-23 |
Denied |
Response WaivedIFP |
controlled-substance controlled-substances criminal-law criminal-procedure drug-distribution due-process federal-scheduling guilty-plea knowledge-standard mens-rea plea-bargaining statutory-interpretation |
1. Under McFadden v. United States, --U.S.---, 135 S.Ct. 2298 (2015), when a defendant pleads guilty to "knowingly" distributing a controlled substanc… |
| 20-6408 |
Jose Hilario Fernandez-Vargas v. United States |
Fifth Circuit |
2020-11-23 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-conviction sentencing statutory-maximum |
Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 20-6401 |
In Re Gregory Richardson |
|
2020-11-20 |
Dismissed |
IFP |
civil-rights constitutional-rights criminal-appeal criminal-procedure defendant-rights due-process habeas-corpus ineffective-assistance-of-counsel legal-procedure lower-court-decision standing supreme-court-review |
Question not identified. |
| 20-6394 |
Michael A. Hagar v. United States |
Sixth Circuit |
2020-11-20 |
Denied |
Response WaivedIFP |
constitutional-judicial-power criminal-procedure district-court-jurisdiction due-process jurisdiction protective-order sixth-amendment speedy-trial-act venue venue-limitations |
Do the Article 3, Section 2, Clause 3 provision, the "trial shall be held in the State where the said Crime shall have been committed" and the Sixth A… |
| 20-6396 |
Michael John Bever v. Oklahoma |
Oklahoma |
2020-11-20 |
Denied |
IFP |
consecutive-sentences criminal-procedure cruel-and-unusual-punishment eighth-amendment eighth-amendment-review jury-finding juvenile-offender juvenile-sentencing sentencing sixth-amendment |
1. Whether a judge's decision to sentence a juvenile offender to consecutive terms is exempt from Eighth Amendment review.
2. Whether a judge's decis… |
| 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 |
1. 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… |
| 20-6380 |
China Hester v. United States |
Sixth Circuit |
2020-11-19 |
Denied |
Response WaivedIFP |
certiorari counsel criminal-procedure district-court due-process habeas-corpus ineffective-assistance legal-proceeding remand reversal-and-remand right-to-counsel standards-of-review |
Whether Ms. Hester may have received ineffective assistance of counsel such that certiorari should be granted, and this matter reversed and remanded. |
| 20-6381 |
Domenico Anastasio v. United States |
Second Circuit |
2020-11-19 |
Denied |
Response WaivedIFP |
appellate-review criminal-conviction criminal-procedure district-court indictment rico-conspiracy second-circuit standard-of-review sufficiency-of-evidence |
Whether the United States Court of Appeals for the Second Circuit erred by affirming the judgment of conviction and sentence pronounced by the United … |
| 20-6382 |
Randall Allen Eplion, Jr. v. United States |
Fourth Circuit |
2020-11-19 |
Denied |
Response WaivedIFP |
appeal-waiver appellate-review criminal-procedure due-process federal-criminal-practice plea-agreement sentencing standing waiver |
Whether a provision in a plea agreement which bars the defendant from appealing "the right to seek appellate review of . . . any sentence of imprisonm… |
| 20-6384 |
Owen McCants v. Steven Silva |
First Circuit |
2020-11-19 |
Denied |
IFP |
abuse-of-discretion appeals criminal-procedure due-process evidence-sufficiency federal-law-violation ineffective-counsel judicial-discretion judicial-review pretrial-procedure prosecutorial-misconduct standard-of-review |
#1 : WHETHER THE TRIAL COURT, APPEALS COURT, AND
SUPREME JUDICIAL COURT ABUSED THEIR DISCRETION?
#2: WHETHER THE EXCLUSION OF THE DEFENDANT FROM
TH… |
| 20-6385 |
Jason D. Devers v. Nebraska |
Nebraska |
2020-11-19 |
Denied |
Relisted (2)IFP |
constitutional-claims conviction-of-sole-participant criminal-procedure due-process felony-murder habeas-corpus ineffective-assistance pinkerton-doctrine post-conviction-relief state-court-review sufficiency-of-evidence trial-attorney-affidavit |
2) Did the State of Nebraska commit error when it convicted the Defendant of Felony Murder, using the aiding and abetting theory when there is no prin… |
| 20-6387 |
Darrin B. Woodard v. United States |
Tenth Circuit |
2020-11-19 |
Denied |
Amici (1)Relisted (7)IFP |
constitutional-rights criminal-procedure due-process government-justification pre-indictment-delay preindictment-delay prejudice prosecutorial-discretion prosecutorial-misconduct tenth-circuit-standard |
Whether, as many courts have held, allowing a prosecution to continue after lengthy and demonstrably prejudicial delay in filing criminal charges offe… |
| 20-6388 |
Joel Latrent Fletcher v. United States |
Fifth Circuit |
2020-11-19 |
Denied |
Relisted (2)IFP |
appellate-review circuit-split criminal-law criminal-procedure plain-error rehaif-standard rehaif-v-united-states statutory-interpretation |
I. Whether this Court should grant review to resolve a split between the circuits courts' determination of whether error under Rehaif v. United States… |
| 20-6389 |
Tomas Martinez-Rodriguez v. United States |
Fifth Circuit |
2020-11-19 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum |
Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 20-6366 |
James W. Riley v. Delaware |
Delaware |
2020-11-18 |
Dismissed |
Response WaivedRelisted (2)IFP |
6th-amendment criminal-procedure due-process ineffective-assistance-of-counsel right-to-counsel right-to-self-representation |
Question not identified. |
| 20-6367 |
Kissinger St. Fleur v. United States |
Eleventh Circuit |
2020-11-18 |
Denied |
IFP |
appellate-review buyer-seller-transaction cocaine-distribution conspiracy criminal-conspiracy criminal-procedure drug-crimes due-process fair-trial judicial-discretion jury-instruction jury-instructions |
Did the district court and the Eleventh Circuit deny Mr. St. Fleur a fair trial when it failed to give buyer-seller instructions to the jury? |
| 20-6373 |
Cordarrius Bonds v. United States |
Sixth Circuit |
2020-11-18 |
Denied |
Relisted (2)IFP |
criminal-procedure felon-in-possession firearm-possession knowledge-of-status plain-error plea-bargaining sixth-amendment sixth-circuit-precedent structural-error |
I. When a defendant pled guilty to being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1), and the plea was neither knowing no… |
| 20-6330 |
Benjamin Macias v. United States |
Ninth Circuit |
2020-11-17 |
Denied |
Response WaivedIFP |
criminal-defense criminal-procedure defendant-autonomy due-process mccoy-v-louisiana reckless-endangerment sentencing-guidelines sixth-amendment speedy-trial |
1. In McCoy v. Louisiana , 138 S.Ct. 1500, 1511, 200 L.Ed. 821
(2018) the court held that the Sixth Amendment guarantees a
criminal defendant the righ… |
| 20-6346 |
Demarcus D. Morris v. United States |
Fifth Circuit |
2020-11-17 |
Denied |
Response WaivedIFP |
controlled-substances criminal-procedure criminal-sentencing double-jeopardy drug-conspiracy due-process fifth-amendment indictment-vagueness rico rico-statute sentencing |
1) Count One (RICO) of the Indictment is unconstitutionally vague.
2) Count Two (Conspiracy to Distribute Controlled Substances) of the Indictment is… |
| 20-6347 |
Christopher Mikelinich v. United States |
Second Circuit |
2020-11-17 |
Denied |
Relisted (2)IFP |
criminal-law criminal-procedure due-process felony-possession knowing-plea mens-rea plain-error plea-agreement plea-bargaining rehaif-v-united-states sentencing-elements |
Where a defendant claims his plea was not knowing and intelligent because he was unaware of all the elements of the offense, does it matter whether he… |
| 20-6348 |
William J. O'Brien, III v. United States |
Third Circuit |
2020-11-17 |
Denied |
Response WaivedIFP |
civil-rights constitutional-violation criminal-procedure due-process free-speech law-enforcement procedural-error prosecution standing takings |
(1) LE tA Gasirvpvte Violv bord ok Dut Paces f, ,
tke govenneobs TPosecu fot AS pgeok, va LIE non
A veo d yor, MATA BUIQEN CE Kartwed 4h perjoredy & o… |
| 20-6352 |
G. N. W. v. New Jersey |
New Jersey |
2020-11-17 |
Denied |
IFP |
criminal-procedure due-process prejudice prosecutorial-misconduct right-to-counsel speedy-trial |
Question not identified. |
| 20-6356 |
Ryan Dennis v. United States |
Fifth Circuit |
2020-11-17 |
Denied |
IFP |
acca criminal-law criminal-procedure due-process habeas-corpus physical-force reckless-injury residual-clause sentencing sentencing-guidelines subject-matter-jurisdiction |
1. Whether an offense that can be committed by recklessly causing serious injury has "the use of physical force against the person of another" as an e… |
| 20-6361 |
Robert L. Davis v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2020-11-17 |
Denied |
Response WaivedRelisted (2)IFP |
civil-rights constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel plea-bargaining plea-negotiations post-conviction-review standing weight-of-evidence |
We EK Pino po ted
ns oe United StotesCourt_of AP Peal ancl Micelle Dis tira to
Sok Elena has oleseteal So Fixe Reale the accebhed andl
use| course _of… |
| 20-6326 |
Adam Donald Bennett v. United States |
Fifth Circuit |
2020-11-16 |
Denied |
Response WaivedIFP |
18-usc-2251 child-exposure criminal-procedure criminal-sentencing deferred-adjudication prior-conviction sentencing-enhancement sexual-abuse statutory-interpretation texas-law |
I. Is a Texas deferred adjudication a "prior conviction" for purposes of the sentencing enhancement in 18 U.S.C. § 2251(e)?
II. Does the Texas crime … |
| 20-6327 |
Terry Charles Carroll v. United States |
Fifth Circuit |
2020-11-16 |
Denied |
Response WaivedIFP |
criminal-procedure fifth-circuit plea-bargaining standard-of-review supervisory-powers supreme-court |
Whether the decision of the United States Court of Appeals for the Fifth Circuit ("Fifth Circuit")–which held plain error would be the standard of rev… |
| 20-6332 |
Cecil Salyers v. Kentucky |
Kentucky |
2020-11-16 |
Denied |
Response WaivedIFP |
concurrent-sentences consecutive-sentences constitutional-interpretation criminal-procedure ineffective-assistance ineffective-assistance-of-counsel prejudice sentencing-prejudice sixth-amendment strickland strickland-standard |
Did the Kentucky Court of Appeals correctly interpret the Sixth Amendment in holding Petitioner "cannot demonstrate prejudice under Strickland", when … |
| 20-6336 |
Eric Troy Snell v. United States |
Fourth Circuit |
2020-11-16 |
Denied |
IFP |
appellate-review criminal-procedure criminal-sentencing fourth-circuit gall-standard gall-v-united-states harmless-error harmlessness-standard sentencing-guidelines |
1. Does the Fourth Circuit's practice of not addressing erroneous Sentencing Guidelines calculations but affirming a sentence under "assumed error har… |
| 20-6341 |
Jason Harriman v. United States |
Eighth Circuit |
2020-11-16 |
Denied |
Response WaivedIFP |
adequate-inquiry appointed-counsel appointment-of-counsel civil-rights court-inquiry criminal-procedure due-process indigent-defendant legal-representation right-to-counsel sixth-amendment |
1. Whether a defendant's 6th Amendment right to counsel of choice extends to an indigent defendant who has appointed counsel.
2. The extent of the ad… |
| 20-6342 |
Pedro Gutierrez v. United States |
Fourth Circuit |
2020-11-16 |
Denied |
Response WaivedIFP |
civil-procedure criminal-procedure due-process evidence fifth-amendment general-verdict judgment-of-acquittal rico rico-case special-verdict |
I. Whether a RICO "Gang" Case Certified as Complex Should Require the Use of a Special Verdict Form Rather Than a General Verdict Form.
II. Whether G… |
| 20-6343 |
Ashley Fernandes v. Massachusetts |
Massachusetts |
2020-11-16 |
Denied |
Response WaivedIFP |
4th-amendment criminal-procedure digital-devices digital-search-warrant electronic-evidence evidence fourth-amendment general-warrants probable-cause search-and-seizure search-warrant |
May a search warrant authorize an unlimited search of all of a
suspect's digital devices based on an affidavit describing the type of crime
being inve… |
| 20-6301 |
Alfornia Jason Wall, Jr. v. United States |
Fourth Circuit |
2020-11-13 |
Denied |
Response WaivedIFP |
consecutive-sentences criminal-procedure double-jeopardy due-process federal-law federal-state-interaction recidivism sentencing-enhancement state-law |
Question not identified. |
| 20-6304 |
Muhanad Mahmoud Al-Farekh v. United States |
Second Circuit |
2020-11-13 |
Denied |
Response WaivedIFP |
classified-information classified-information-procedures-act criminal-procedure discovery discovery-rights due-process ex-parte ex-parte-motion national-security right-to-present-defense security-clearances |
1. Where the plain text of 18 U.S.C. app. 3 §4 of the Classified Information Procedures Act (CIPA) does not require that any motion be determined ex p… |
| 20-6305 |
Roosevelt Leon Cooper v. United States |
Eleventh Circuit |
2020-11-13 |
Denied |
Relisted (2)IFP |
criminal-law criminal-procedure due-process felon-in-possession firearm-statute guilty-plea plain-error sentencing sentencing-error |
Whether a defendant who pleaded guilty to possessing a firearm as a felon, in violation of 18 U.S.C. §§ 922(g)(1) and 924(a), is automatically entitle… |
| 20-6309 |
Emilio Urena-Villa v. United States |
Ninth Circuit |
2020-11-13 |
Denied |
Response WaivedIFP |
constitutional-claim constitutional-law counsel-performance criminal-procedure fourth-amendment ineffective-assistance ineffective-assistance-of-counsel kimmelman-v-morrison motion-to-suppress strickland-standard strickland-v-washington |
1. WHETHER APPOINTED COUNSEL WAS INEFFECTIVE, FOR FAILURE TO
FILE VIABLE MOTION TO SUPPRESS PURSUANT TO FOURTH AMENDMENT
CLAIM UNDER: KIMMELMAN v. M… |
| 20-6313 |
Kevin Merritt v. United States |
Fifth Circuit |
2020-11-13 |
Denied |
Response WaivedIFP |
burden-of-proof circuit-split criminal-procedure due-process judicial-review presentence-report procedural-objection sentencing sentencing-unreasonableness |
1. Whether Holguin-Hernandez v. United States, __U.S.__, 140 S.Ct. 762 (2020), is relevant to the objections necessary to preserve claims of procedura… |
| 20-6315 |
Darris Altony Newsome v. Harold W. Clarke, Director, Virginia Department of Corrections |
Fourth Circuit |
2020-11-13 |
Denied |
IFP |
criminal-charges criminal-procedure double-jeopardy due-process fair-trial fourth-amendment ineffective-assistance ineffective-assistance-of-counsel probable-cause sixth-amendment victim-testimony witness-testimony |
1. Did the Courts erred in the opinion that petitioners DELEON WAS dismissed Muary unauthorized And successive, And denied relief oof ACEGABAL qpeuids… |
| 20-6323 |
Lamont Andre Thomas v. United States |
Fourth Circuit |
2020-11-13 |
Denied |
IFP |
civil-rights criminal-procedure due-process federal-jurisdiction jurisdiction prosecutorial-discretion sentencing statutory-interpretation united-states-code |
Does the Fifth Circuit have constitutional authority under Article III, Section 2, Clause 2 of the United States Constitution, to bring Criminal Charg… |
| 20-659 |
Larry Thompson v. Pagiel Clark, et al. |
Second Circuit |
2020-11-13 |
Judgment Issued |
Amici (17)Response RequestedResponse WaivedRelisted (3) |
circuit-split civil-procedure civil-rights criminal-procedure due-process exigent-circumstances favorable-termination fourth-amendment section-1983 standing warrantless-entry |
I. Whether the rule that a plaintiff must await favorable termination before bringing a Section 1983 action alleging unreasonable seizure pursuant to … |
| 20-646 |
Michael Tyler Baggott v. Florida |
Florida |
2020-11-12 |
Denied |
Response Waived |
civil-rights constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel plea-bargaining prejudice sex-offender-registration |
I.
Whether the reasoning of Lee v. United States, 137
S. Ct. 1958 (2017) extends to defendants facing
lifelong sex offender registration conditions fr… |
| 20-6281 |
Kevin Lamar Ratliff v. United States |
Eleventh Circuit |
2020-11-12 |
Denied |
Response WaivedIFP |
amendment-782 career-offender criminal-law criminal-procedure discretion federal-sentencing federal-sentencing-guidelines guideline-amendment judicial-discretion sentencing sentencing-guidelines |
Lower Courts have discretion to reduce Whether the
Petitioner's sentence under U.S.S. Guideline Amendment 782,
regardless of Petitioner's career offen… |
| 20-6282 |
Darius Tirrell Thomas v. United States |
Sixth Circuit |
2020-11-12 |
Denied |
Response WaivedIFP |
career-offender criminal-procedure criminal-sentencing due-process federal-sentencing judicial-discretion sentencing-guidelines sixth-circuit statutory-interpretation u.s.-code |
Whether, the Trial Court Erred in Finding the Defendant to Be a "Career Offender" and Sentencing Him Accordingly? |
| 20-6283 |
Robert Brownlee v. Mark Capozza, Superintendent, State Correctional Institution at Fayette |
Third Circuit |
2020-11-12 |
Denied |
Response WaivedRelisted (2)IFP |
amendment constitutional-rights criminal-procedure due-process ineffective-assistance plea-bargaining statutory-interpretation |
I. WHETHER TRIAL COUNSEL WAS CONSTITUTIONALLY INEFFECTIVE FOR FAILING TO RESEARCH THE ELEMENTS OF A VIOLATION OF 18 PACSA 6301(a)(1)(@i) (THE STATUTE"… |
| 20-6285 |
Brittany Shanice Williams v. United States |
Fifth Circuit |
2020-11-12 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment sentencing sixth-amendment statutory-interpretation supervised-release |
Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments? |
| 20-6288 |
Allen Snyder v. Darrel Vannoy, Warden |
Fifth Circuit |
2020-11-12 |
Denied |
Response WaivedIFP |
court-procedure criminal-procedure due-process ineffective-assistance-of-counsel judicial-error legal-review post-conviction-relief pro-se-litigant pro-se-litigation victim-identification |
In denying Snyder's application for post conviction relief, the trial court said Snyder was challenging his conviction and sentence for the second deg… |
| 20-6291 |
Christopher Stacy v. United States |
Eleventh Circuit |
2020-11-12 |
Denied |
Relisted (2)IFP |
criminal-law criminal-procedure felon-in-possession firearm-statute guilty-plea mens-rea plain-error plea-bargaining sentencing sentencing-guidelines |
Whether a defendant who pleaded guilty to possessing a firearm as a felon, in violation of 18 U.S.C. §§ 922(g)(1) and 924(a), is automatically entitle… |
| 20-6292 |
Alonte Deshavion Richey v. United States |
Fifth Circuit |
2020-11-12 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment sentencing sixth-amendment statutory-interpretation supervised-release |
Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments? |
| 20-6293 |
Raymond Alan Griffin v. United States |
Fourth Circuit |
2020-11-12 |
Denied |
Response WaivedIFP |
criminal-procedure district-court due-process evidentiary-hearing federal-law findings-of-fact motion-to-suppress threshold-determination |
MAY A DISTRICT COURT MAKE FINDINGS OF FACT RESOLVING CONTESTED ISSUES IN DETERMINING THAT THE THRESHOLD FOR HOLDING AN EVIDENTIARY HEARING ON A DEFEND… |
| 20-6298 |
Carlton Butler v. United States |
Eleventh Circuit |
2020-11-12 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure due-process federal-jurisdiction habeas-corpus sentencing |
Does Fed.R. Crim. P. Rule 35(c)(4) provide the District Court with authority to increase a defendant's otherwise lawful sentence previously imposed on… |
| 20-6262 |
Daniel Twian Brown v. Steven Johnson, Administrator, New Jersey State Prison, et al. |
Third Circuit |
2020-11-10 |
Denied |
IFP |
certificate-of-appealability constitutional-rights criminal-procedure due-process effective-assistance-of-counsel fifth-amendment fourteenth-amendment fourth-amendment ineffective-counsel warrantless-arrest |
1.) Whether the Third Circuit Court of Appeals Erred in Denying Petitioner a Certificate of Appealability on His Claim that Warrantless Arrest was not… |
| 20-6267 |
In Re Graham Schiff |
|
2020-11-10 |
Denied |
IFP |
bad-faith civil-rights constitutional-rights constitutional-violations criminal-defendant criminal-procedure due-process federal-intervention post-conviction-relief state-criminal-proceedings state-officials |
Question not identified. |
| 20-630 |
Benjamin Scott Brewer v. Tennessee |
Tennessee |
2020-11-10 |
Denied |
Response Waived |
brady-v-maryland brady-violation criminal-procedure due-process evidence-tampering exculpatory-evidence forensic-evidence material-evidence state-misconduct |
Whether this Court's ruling in Brady v. Maryland, 373 U.S. 83 (1963) and its progeny entitle a defendant to the knowledge, before trial, that a state … |
| 20-633 |
Byron David Smith v. Jeff Titus, Warden |
Eighth Circuit |
2020-11-10 |
Denied |
Response RequestedResponse WaivedRelisted (5) |
aedpa antiterrorism-act criminal-procedure criminal-trial due-process habeas-corpus public-trial sixth-amendment |
The question presented by this petition is whether the Sixth Amendment's public trial guarantee, within the review apparatus imposed by the Antiterror… |
| 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 |
A litigant's argumentation or introduction of evidence at trial is often deemed to "open the door" to the admission of responsive evidence that would … |
| 20-6253 |
Sealed Appellant v. Sealed Appellee |
Fifth Circuit |
2020-11-09 |
Denied |
Response WaivedRelisted (2)IFP |
18-usc-4142 civil-rights criminal-procedure custody due-process federal-detention judicial-order mental-competency statutory-custody |
Whether this Court should grant certiorari to determine whether continued custody under 18 U.S.C. § 4142 for almost four months beyond the expiration … |
| 20-6254 |
Roberto Yoquigua Lopez v. United States |
Ninth Circuit |
2020-11-09 |
Denied |
Response WaivedIFP |
5th-amendment 6th-amendment confidentiality criminal-procedure defendant-rights due-process duress-defense fair-trial fifth-amendment pre-trial-disclosure sixth-amendment testimonial-confidentiality |
Whether and to what extent the Fifth and Sixth Amendments permit a defendant to keep all of the details of his duress confidential before trial, or wh… |
| 20-6255 |
John Dubor v. United States |
Fifth Circuit |
2020-11-09 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fifth-circuit-review loss-calculation medicare-fraud restitution restitution-award sentencing-guidelines |
Did the Fifth Circuit's cursory review of the district court's record lead to an illegal, unreasonable sentence. Because the application of the senten… |
| 20-6257 |
Finnis Davis, II v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2020-11-09 |
Denied |
IFP |
appeal constitutional-rights criminal-procedure due-process evidence fifth-amendment ineffective-assistance ineffective-assistance-of-counsel medical-records murder-evidence |
Mr Davis was convicted with a penalcade 19.03(a)(7)(A) Aempted Lapital Murder. Mr. Davis was convicted on testimony evidence only of shooting two peop… |
| 20-6259 |
Angela de Jesus-Concepcion v. United States |
Third Circuit |
2020-11-09 |
Denied |
Response WaivedRelisted (2)IFP |
criminal-procedure district-court evidentiary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel misrepresentation sentencing sixth-amendment |
1. Whether Petitioner's Sixth Amendment right to the effective assistance of counsel impermissibly violated, when the district court erred in failing … |
| 20-6243 |
Okeiba Sadio v. United States |
Second Circuit |
2020-11-06 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights covered-offense criminal-procedure drug-distribution due-process first-step-act sentencing sentencing-reduction sixth-amendment statutory-penalties |
(1) Whether the Second Circuit Court of Appeals Wrongly dismiss Mr Sadio's Appeal with out no Briefs being filed or hearing any arguments, violating m… |
| 20-6250 |
Kyle A. Box v. New York |
New York |
2020-11-06 |
Denied |
Response WaivedIFP |
14th-amendment brady-violation criminal-procedure due-process equal-protection exculpatory-evidence prosecutorial-misconduct |
According to Grady Vs. Mee 379 U.S. 109 (1964), any evidence in possession of the prosecution that can be favorable for the defense, must be made over… |
| 20-6251 |
Timothy Tyrone Byers, Jr. v. United States |
Fourth Circuit |
2020-11-06 |
Denied |
Response WaivedIFP |
constitutional-review criminal-procedure due-process federal-courts federal-review judicial-power standing state-court-jurisdiction supreme-court-jurisdiction territorial-jurisdiction united-states |
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&\$dt£tiot\! IX IA*£. 6*^1 '7ift… |
| 20-6212 |
Carlos Miguel Perez v. United States |
Eleventh Circuit |
2020-11-05 |
Denied |
Relisted (2)IFP |
18-usc-924 circuit-split criminal-procedure felon-in-possession plain-error-review rehaif-standard rehaif-v-united-states statutory-interpretation |
Whether This Court Should Grant the Petition to Resolve a Circuit Split Regarding Whether Under Plain Error Review, a Defendant's Conviction for Felon… |
| 20-6213 |
J. Santos Mondragon-Benitez v. United States |
Fifth Circuit |
2020-11-05 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure federal-authority imprisonment-revocation plain-error reasonableness reasonableness-standard revocation sentencing-review standard-of-review supervised-release |
Whether sentences of imprisonment following the revocation of supervised release should be reviewed for reasonableness or plain unreasonableness? |
| 20-6214 |
John J. Powers v. Warden, Allenwood USP |
Third Circuit |
2020-11-05 |
Denied |
Response WaivedIFP |
1-usc-109 18-usc-3624b criminal-procedure first-step-act general-savings-statute good-time-credits sentencing-law statutory-interpretation |
Does the General Savings Statute, 1 U.S.C. §109, apply to the First Step Act's amendment to 18 U.S.C. §3624(b) so that penalties of the loss of good t… |
| 20-6218 |
Terance Valentine v. Florida |
Florida |
2020-11-05 |
Denied |
IFP |
constitutional-waiver criminal-procedure death-penalty eighth-amendment fourteenth-amendment hurst-v-florida jury-fact-finding jury-unanimity ring-v-arizona |
Whether a waiver to an advisory, non-unanimous jury verdict lacking in any fact finding requirement under a death penalty scheme later determined to b… |
| 20-6226 |
Carlos Maez v. United States |
Seventh Circuit |
2020-11-05 |
Denied |
Relisted (2)IFP |
appellate-review burden-of-proof criminal-procedure judicial-proceedings jury-instructions jury-verdict olano-standard plain-error plain-error-test sixth-amendment standard-of-review |
The Sixth Amendment requires that no person be convicted of a felony except on a finding by a jury that the government has proved its case beyond a re… |
| 20-6227 |
Cameron Battiste v. United States |
Seventh Circuit |
2020-11-05 |
Denied |
Relisted (2)IFP |
criminal-procedure due-process fifth-amendment grand-jury plain-error-review sixth-amendment |
1. If a grand jury indicts a defendant for violating 18 U.S.C. § 922(g)(1), but omits the statute's knowledge-of-status element, has the defective ind… |
| 20-6230 |
Ulis Howard Alexander v. United States |
Fifth Circuit |
2020-11-05 |
Denied |
Response WaivedIFP |
corpus-delicti criminal-procedure criminal-sentencing due-process federal-procedure fifth-circuit legal-error punishment-phase sentencing |
Did the Fi fth Ci rcuit err i n hol ding that the concept of corpus del icti shoul d not
apply in the puni shment phase? |
| 20-6231 |
Mark Zavala v. Kim Holland, Warden, et al. |
Ninth Circuit |
2020-11-05 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fair-trial fourteenth-amendment gang-enhancement sentence-enhancement street-terrorism-act unitary-proceeding |
Does the trial of a sentence enhancement allegation under California's Street Terrorism Enforcement and Prevention Act in a unitary proceeding with th… |
| 20-6232 |
Brian Dwight Peterson v. Randee Rewerts, Warden |
Sixth Circuit |
2020-11-05 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process exculpatory-evidence ineffective-assistance-of-counsel law-enforcement prosecutorial-misconduct right-against-self-incrimination right-to-counsel trial-procedure |
Question not identified. |
| 20-6215 |
Abrahan Garcia-Morales, aka Abraham Garcia-Morales v. United States |
Ninth Circuit |
2020-11-04 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure custodial-interrogation due-process evidence-law fifth-amendment right-to-silence self-incrimination |
When a defendant declines to answer some—but not all—of the questions posed to him during a custodial interrogation, does the prosecutor's use of this… |
| 20-6216 |
Michael E. Torres v. United States |
Third Circuit |
2020-11-04 |
Denied |
Response WaivedIFP |
armed-career-criminal-act arrest criminal-procedure drug-conviction fourth-amendment fourth-amendment-seizure investigative-detention probable-cause reasonable-suspicion |
1. The Fourth Amendment requires that police have probable cause before subjecting an individual to an arrest. Police surrounded Appellant, ordered hi… |
| 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 |
A suspect in a burglary and homicide called a detective to cooperate. The detective asked him which vehicle he and the others had taken to commit the … |
| 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 |
1. Whether the Fourth Circuit erred in affirming that the District Court did not err by admitting inadmissible and highly prejudicial hearsay testimon… |
| 20-6198 |
Agustin Chavez v. Florida |
Florida |
2020-11-03 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure due-process identity identity-verification post-conviction-information postconviction-information prior-record-exception sentencing sixth-amendment |
1. Whether courts, including those in Florida, have been incorrectly applying a "prior record" exception to the rule from Apprendi v. New Jersey 530 U… |
| 20-6202 |
Jimmy Don Wooten v. Arkansas |
Arkansas |
2020-11-03 |
Denied |
Response WaivedIFP |
18-usc-3005 capital-murder criminal-procedure death-penalty due-process error-coram-nobis statutory-interpretation |
Did United States Code Annotated 18 U.S.C.A. 3005 apply to Petitioner in 1994 when he was charged with Capital Murder and the Death Penalty was sought… |
| 20-6206 |
Travis Johnson v. Illinois |
Illinois |
2020-11-03 |
Denied |
IFP |
appellate-review constitutional-law criminal-procedure criminal-sentencing eighth-amendment proportionality proportionate-penalties sentencing solem-v-helm state-courts supreme-court-precedent |
1. IS Solem v. Helm, 463 U.S. 277 (1983) binding Case Law?
2. Must Illinois Appellant Courts be required to Follow the United States Supreme Court's … |
| 20-584 |
Michael Wood, et ux. v. United States |
Third Circuit |
2020-11-03 |
Denied |
Response Waived |
conspiracy-charges conspiracy-to-commit-immigration-offenses constructive-amendment criminal-procedure first-amendment immigration-law prejudicial-variance statute-of-limitations yates-v-united-states |
1. Whether Defendants' conviction for conspiracy to commit immigration offenses is legally invalid pursuant to Yates v. United States, 354 U.S. 298 (1… |
| 20-586 |
James T. Gersky v. United States |
Fourth Circuit |
2020-11-03 |
Denied |
Response Waived |
5th-amendment court-precedent criminal-procedure defendant-testimony due-process estelle-v-smith judicial-guidance mitchell-v-united-states sentencing |
I.
Should this Court provide guidance to district
courts regarding the forced testimony of
defendants at sentencing, in accordance with
this Court's p… |
| 20-6180 |
Naquan Reyes v. United States |
Second Circuit |
2020-11-02 |
Denied |
Response WaivedIFP |
18-usc-3553 court-of-appeals criminal-procedure criminal-sentencing district-court federal-sentencing procedural-reasonableness procedural-unreasonableness sentencing-guidelines statutory-interpretation supreme-court |
I. Whether the Court of Appeals erred in rejecting Reyes's contention that the sentence was procedurally unreasonable based on the district court's fa… |
| 20-6183 |
Timothy N. Hatton v. Mark R. Sevier, Superintendent, New Castle Correctional Facility |
Seventh Circuit |
2020-11-02 |
Denied |
Response WaivedIFP |
civil-rights constitutional-law criminal-procedure due-process federal-review habeas-corpus ineffective-assistance sixth-amendment standing |
Did the State violate Hatton's U.S. Sixth Amendment right to effective assistance of counsel and speedy trial?
Did the state violate Hatton's U.S. Fi… |
| 20-6190 |
Bradley R. Freeman v. New Mexico |
New Mexico |
2020-11-02 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
affirmative-defense brady-v-maryland constitutional-requirement criminal-procedure due-process plea-agreement plea-bargaining prosecutorial-disclosure prosecutorial-misconduct |
1. Does the Constitution require, before entering into a binding plea agreement with a criminal defendant, that the prosecution disclose favorable, ma… |
| 20-6191 |
Daniel Johnson v. United States |
Ninth Circuit |
2020-11-02 |
Denied |
Response WaivedIFP |
aggravated-sexual-abuse criminal-procedure due-process evidence-standard harmless-error jury-instruction jury-instructions ninth-circuit sexual-abuse victim-age |
1. The Ninth Circuit held that for a conviction under 18 U.S.C. § 2241(c) (aggravated sexual abuse), the government must prove, and the jury must be i… |
| 20-6192 |
Jamal Aikeem Hutchinson v. United States |
Eleventh Circuit |
2020-11-02 |
Denied |
Relisted (2)IFP |
appellate-review constitutional-law criminal-law criminal-procedure due-process firearms guilty-plea henderson-v-morgan plain-error plain-error-review statutory-interpretation |
In Rehaif v. United States, this Court held that "in a prosecution under 18 U.S.C. § 922(g) and § 924(a)(2), the Government must prove both that the d… |
| 20-6193 |
Martin L. Harrell v. United States |
Eleventh Circuit |
2020-11-02 |
Denied |
Response WaivedIFP |
criminal-procedure diligence-standard due-process habeas-corpus material-fact mcquiggin mcquiggin-standard new-evidence prosecutorial-misconduct summary-denial |
Whether Evidence Not Presented as the Result of Prosecutorial Misconduct Should Be Considered New Evidence under McQuiggin?
Whether a District Court … |
| 20-6169 |
Tykei Garner v. United States |
Third Circuit |
2020-10-30 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure criminal-trial drug-conviction due-process evidence interstate-commerce interstate-transportation prejudice third-circuit |
Whether the Third Circuit Court of Appeals erred in affirming the District Court's Decision in allowing the Government to use a decade old New York Ci… |
| 20-6175 |
Rico Walker v. Vance Laughlin, Warden |
Georgia |
2020-10-30 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process equal-protection fourth-amendment indictment-sufficiency ineffective-assistance-of-counsel jurisdiction jurisdictional-challenge notice-of-charges void-conviction |
Can petitioner be convicted of a crime Where the Indictment fail to allege the essential elements of the crime charged.
Does the trial court have Jur… |
| 20-577 |
Moaze Ibrahim v. United States |
Second Circuit |
2020-10-30 |
Denied |
Response Waived |
appeal civil-rights criminal-procedure due-process jurisdiction sentencing |
Question not identified. |
| 20-6161 |
Joey Lamont Brunson v. United States |
Fourth Circuit |
2020-10-29 |
Denied |
Relisted (2)IFP |
criminal-procedure evidence-suppression exclusionary-rule fourth-amendment legal-insufficiency statutory-interpretation suppression-of-evidence surveillance-law wiretap-order wiretapping |
Is a wiretap order, which fails to specify the name of the person who authorized the application for such order, insufficient on its face thereby requ… |
| 20-6162 |
Frank Trujillo v. United States |
Tenth Circuit |
2020-10-29 |
Denied |
Relisted (2)IFP |
criminal-procedure due-process elements-of-offense federal-courts guilty-plea plea-bargaining plea-voluntariness rehaif-v-united-states standard-of-review |
When a defendant argues for the first time on appeal that his guilty plea was not knowing and voluntary because he was not informed of the elements of… |
| 20-6165 |
James Edward Sandford, III v. United States |
Second Circuit |
2020-10-29 |
Denied |
Relisted (2)IFP |
circuit-split criminal-procedure felon-in-possession fourth-circuit ineffective-assistance plain-error-rule rehaif-standard rehaif-v-united-states second-circuit sixth-amendment |
1. Should the Court grant certiorari to resolve the Circuit split regarding the plain error rule between the Second and Fourth Circuits as it applies … |
| 20-6170 |
Justin David Brown v. United States |
Tenth Circuit |
2020-10-29 |
Denied |
Response WaivedIFP |
administrative-law agency-action constitutional-law criminal-procedure due-process judicial-review sentencing sixth-amendment standing statutory-interpretation substantial-assistance |
Did the defendants Sixth Distnet Court violate the Amendment right Special Agent Nicole allowing ba Bailey Hecring the defendants Sentancing 4s2 24 at… |
| 20-6147 |
Shane Anthony Roberts v. United States |
Eighth Circuit |
2020-10-28 |
Denied |
Response WaivedIFP |
appeal-waiver appellate-review court-of-appeals criminal-procedure plea-agreement plea-bargaining sentencing statutory-interpretation statutory-right waiver |
Whether the Court of Appeals improperly denied Mr. Roberts of the statutory right to appeal his 70-month sentence by summarily granting a government m… |
| 20-6154 |
Roderick Perez-Gonzalez v. United States |
First Circuit |
2020-10-28 |
Denied |
Response WaivedIFP |
conspiracy constitutional-law criminal-procedure double-jeopardy due-process plea-bargaining prosecution united-states-constitution |
Whether Subsequent Prosecution of Conspiracies Violate the Double
Jeopardy Clause of the United States Constitution when Both
Conspiracies Operate Und… |
| 20-6157 |
Pedro Hernandez v. United States |
Ninth Circuit |
2020-10-28 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure district-court due-process motion-to-dismiss prejudicial-error sixth-amendment |
Did the district court prejudicially err denying petitioner's motion to dismiss based on Sixth Amendment violations? |
| 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 |
DECLARATON® FOUOGEMNZNT THAT HE UIAS DEAITED DVE PROCESS ses HES CRIMTMAL etal. whtsI FAE CoORT ADIN TZTED THE pring restimouy oF al vsavartliadee ulr… |
| 20-546 |
Michigan v. Laricca Seminta Mathews |
Michigan |
2020-10-26 |
Denied |
|
constitutional-interpretation criminal-procedure custodial-interrogation due-process fifth-amendment miranda-rights right-to-counsel sixth-amendment |
Should this Court grant certiorari to resolve the
split in the United States Courts of Appeals and the
state appellate courts regarding whether Mirand… |
| 20-549 |
John Farrow, et al. v. Contra Costa County, California |
Ninth Circuit |
2020-10-26 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
bail circuit-split counsel-appointment criminal-procedure critical-stage due-process equal-protection indigent-defense right-to-counsel sixth-amendment |
Is a detainee's first appearance in court a "critical stage" of the proceedings, when bail is set and statutory liberty interests are adjudicated, as … |
| 20-6097 |
Francisco J. Martinez v. Adolfo Gonzalez, Chief Probation Officer, San Diego, California |
Ninth Circuit |
2020-10-23 |
Denied |
Response WaivedIFP |
commodities-fraud criminal-procedure due-process harmless-error jury-instruction jury-instructions scienter |
reasonable doubt in this commodities fraud prosecution. |
| 20-6123 |
Dale C. Holcombe v. Florida |
Florida |
2020-10-23 |
Denied |
Response WaivedIFP |
appellate-review civil-rights constitutional-law criminal-conviction criminal-procedure due-process fifth-amendment racketeering stolen-property |
Whether – in a case involving a racketeering charge based on predicate incidents for "dealing in stolen property" – possession of an item that is one … |
| 20-6124 |
Jose Maria Loaiza-Gaspar v. United States |
Fifth Circuit |
2020-10-23 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review criminal-procedure due-process guideline-sentence ineffective-assistance ineffective-assistance-of-counsel motion-to-withdraw reasonableness sentencing sentencing-guidelines |
My Sentence of LIFE imprisonment was imposed without the trial court addressing my non-frivolous argument for a lower sentence. On appeal, the Court o… |
| 20-6094 |
Sean Alonzo Bush v. Florida |
Florida |
2020-10-22 |
Denied |
IFP |
constitutional-law constitutional-rights criminal-procedure due-process evidence-sufficiency florida-supreme-court legal-precedent precedent standard-of-review sufficiency-of-evidence |
WHETHER THE FLORIDA SUPREME COURT DENIED THE PETITIONER DUE PROCESS WHEN IT ABANDONED A CENTURY OF PRECEDENT AND APPLIED A NEW AND LESS STRICT STANDAR… |
| 20-6096 |
Dieuseul Brown v. Sonja Nicklaus, Warden |
Seventh Circuit |
2020-10-22 |
Denied |
IFP |
criminal-procedure due-process first-degree-murder independent-and-adequate-state-grounds jury-finding jury-instructions procedural-default second-degree-murder state-grounds |
Whether the Petitioner's claim is Procedurally Defaulted under the Independent and Adequate State grounds Doctrine. Whether the lower courts erred in … |
| 20-6109 |
Rashawn D. Watson v. United States |
Sixth Circuit |
2020-10-22 |
Denied |
Relisted (3)IFP |
criminal-law criminal-procedure due-process firearm-possession guilty-plea indictment indictment-sufficiency knowledge-element mens-rea plea-bargaining rehaif-decision rehaif-v-united-states |
A. Whether the decision in Rehaif v. United States, 139 S. Ct. 2191 (2019) requires that Petitioner's guilty plea and conviction be vacated when (1) t… |
| 20-535 |
Drew Samuel Bates v. United States |
Tenth Circuit |
2020-10-22 |
Denied |
|
circuit-split criminal-procedure first-step-act judicial-discretion resentencing sentencing-guidelines statutory-interpretation |
Whether a district court that chooses to conduct a resentencing under § 404 of the First Step Act is prohibited from considering a defendant's current… |
| 20-531 |
Derek Hutter v. United States |
Fifth Circuit |
2020-10-21 |
Denied |
Response Waived |
28-usc-2253 appellate-review certificate-of-appealability criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sentencing sentencing-hearing |
Whether the court of appeals improperly denied the Petitioner a certificate of appealability under 28 U.S.C. § 2253(c) on his claim(s) that his counse… |
| 20-6090 |
Reginald Ferguson v. United States |
Sixth Circuit |
2020-10-21 |
Denied |
Relisted (2)IFP |
civil-rights consensual-encounter consent criminal-procedure due-process fourth-amendment law-enforcement probable-cause reasonable-suspicion testimony |
1. Can a court determine that an encounter was initially consensual when the officer testified that he did not remember how it was initiated, nor is i… |
| 20-6098 |
Lamont Owens v. United States |
Eighth Circuit |
2020-10-21 |
Denied |
Relisted (2)IFP |
criminal-procedure fairness-integrity-public-reputation intervening-supreme-court-decision judicial-review jury-instructions plain-error plain-error-review substantial-rights supreme-court-decision trial-record |
Whether plain-error review for failure to instruct on an element of the offense, base upon an intervening U.S. Supreme Court decision, allows courts t… |
| 20-6099 |
Malcolm Moore v. United States |
Third Circuit |
2020-10-21 |
Denied |
Response WaivedRelisted (2)IFP |
criminal-law criminal-procedure direct-review due-process first-step-act judicial-discretion retroactivity sentencing sentencing-retroactivity statutory-interpretation |
Whether Section 403 of the First Step Act of 2018, which is expressly titled a "clarification" of the penalty provisions of 18 U.S.C. § 924(c)(1)(C), … |
| 20-6100 |
Carlos Meza-Cruz v. United States |
Fifth Circuit |
2020-10-21 |
Denied |
Response WaivedIFP |
Almendarez-Torres criminal-procedure due-process jury-trial sentencing Supreme-Court |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 20-6101 |
Rachel Mae Skidmore v. United States |
Fifth Circuit |
2020-10-21 |
Denied |
Response WaivedIFP |
constitutional-interpretation constitutional-law criminal-procedure due-process fifth-amendment sixth-amendment statutory-construction statutory-interpretation |
Whether 18 U.S.C. § 3583(g)(1) comports with the Fifth and Sixth Amendments? |
| 20-6103 |
Curtis Lee Dale v. United States |
Eighth Circuit |
2020-10-21 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure discovery document-discovery due-process pro-se-defendant search-warrant search-warrants sentencing standing |
- Is a prose litigant due a merits determination or adjudication on every claim he presents in his 28usc.f22ssMotion?
-Is a defendant to be provided … |
| 20-6106 |
Rafael Cruz v. United States |
Fifth Circuit |
2020-10-21 |
Denied |
Response WaivedIFP |
civil-rights coerced-confession criminal-procedure due-process guilty-plea ineffective-assistance mental-disability plea-bargaining sentencing sixth-amendment voluntariness |
When the District Court denied to issue a Certificate of Appealability, then a jury picked Court abused its discretion when the Defendant was forced t… |
| 20-6066 |
Rodolfo Segura-Virgen v. United States |
Fourth Circuit |
2020-10-20 |
Denied |
Relisted (2)IFP |
aggravated-felony civil-rights criminal-procedure deportation-order due-process fifth-amendment illegal-reentry immigration judicial-review pro-se-waiver removal-order |
I. Four terms ago, in Esquivel-Quintana v. Sessions , 137 S.Ct. 1562 (2017), this
Court held that a conviction under California Penal Code § 261.5(c) … |
| 20-6074 |
Timothy Jarred Paige v. United States |
Eleventh Circuit |
2020-10-20 |
Denied |
Relisted (2)IFP |
civil-rights criminal-charge criminal-procedure district-court-jurisdiction due-process plea-agreement plea-bargaining sentencing sentencing-guidelines standing statutory-interpretation |
WHEN CHARGED WITH VIOLATING 18.U.S.C § 922(9)(1) COUPLED WITH § 924(a)(2) DOES THE DISTRICT COURT RETAIN JURISDICTION TO CHARGE AN OFFENSE THAT ISN'T … |
| 20-6079 |
In Re Dale McKenzie |
|
2020-10-20 |
Denied |
IFP |
constitutional-violation conviction-challenge criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel prejudice-standard sentencing sentencing-error trial-court-discretion unconstitutional-law void-conviction |
GROUND ONE
1. Has prejudice been shown where the trial court overruled
the defendant's motion for continuance to show that his prior
Georgia convict… |
| 20-6088 |
Miguel Angel Baez-Castillo v. United States |
Fifth Circuit |
2020-10-20 |
Denied |
Response WaivedIFP |
almendarez-torres-v-united-states apprendi-v-new-jersey constitutional-rights criminal-procedure indictment prior-conviction prior-convictions sentencing sentencing-enhancement sixth-amendment |
I. Can a court, consistent with the Sixth Amendment, impose a statutorily enhanced sentence based on the fact of a prior conviction never alleged in t… |
| 20-526 |
Jason M. Blackburn v. United States |
Armed Forces |
2020-10-20 |
Denied |
Response Waived |
4th-amendment child-pornography criminal-procedure digital-evidence fourth-amendment good-faith-exception military-justice probable-cause search-and-seizure search-warrant |
Whether the Court of Appeals erred in holding the good faith exception applied to the search and seizure of Petitioner's computer? |
| 20-6070 |
James Dee Gilmore, Jr. v. United States |
Ninth Circuit |
2020-10-19 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure due-process evidence-admissibility interrogation-techniques miranda-rights sixth-amendment voluntary waiver |
1. In failing to require the government to meet its heavy burden to show that defendant's post–invocation waiver of his Miranda rights, including his … |
| 20-6073 |
Desmond Littlejohn v. United States |
Fourth Circuit |
2020-10-19 |
Denied |
Response WaivedIFP |
18-usc-924c certiorari-review civil-rights crimes-of-violence criminal-procedure due-process federal-criminal-law fourth-amendment ninth-circuit sentencing statutory-interpretation |
Whether Hobbs Act robbery is a crime of violence for purposes of 18 U.S.C. § 924(c). |
| 20-511 |
Chris George v. Territory of the Virgin Islands |
Virgin Islands |
2020-10-19 |
Denied |
|
administrative-court administrative-law civil-rights criminal-procedure due-process government-authority motor-vehicle personal-liberty property-rights right-to-travel standing |
1. (a) What legal authority or standing does the V.I. Government have to take me a private individual into its administrative/ commercial court (Magis… |
| 20-6042 |
Barry Lynn Bailey v. United States |
Fifth Circuit |
2020-10-16 |
Denied |
Response WaivedIFP |
vacate the sentence and remand to the Fifth Circu certiorari criminal-procedure due-process fifth-circuit haymond-precedent sentence-vacatur sentencing supreme-court-review united-states-v-haymond |
I. Whether this Court should grant certiorari, vacate the sentence and remand to the Fifth Circuit for reconsideration in light of United States v. Ha… |
| 20-6043 |
Robin Lee Archer v. Florida |
Florida |
2020-10-16 |
Denied |
IFP |
criminal-procedure death-penalty due-process eighth-amendment fourteenth-amendment jury-role retroactivity statutory-construction substantive-criminal-law substantive-law |
1. Whether the Florida Supreme Court's statutory construction in Hurst v. State constitutes substantive law, and if so, whether the Due Process Clause… |
| 20-6044 |
Luidgi Benjamin v. United States |
Second Circuit |
2020-10-16 |
Denied |
Response WaivedIFP |
character-evidence character-testimony criminal-procedure district-court-jurisdiction due-process enticement evidentiary-admission judicial-discretion jury-instructions venue venue-challenge |
1. Should certiorari be granted where venue was laid in the
Southern District of New York, even though no elements of the crime
occurred there, includ… |
| 20-6047 |
Ramada Tajedeen Shabazz v. United States |
Fifth Circuit |
2020-10-16 |
Denied |
Response WaivedIFP |
vacate the sentence and remand to the Fifth Circu certiorari criminal-procedure due-process fifth-circuit haymond-precedent remand sentence-vacatur sentencing supreme-court-review united-states-v-haymond |
Whether this Court should grant certiorari, vacate the sentence and remand to the Fifth Circuit for reconsideration in light of United States v. Haymo… |
| 20-6049 |
Isidoro Gonzalez-Ferretiz v. United States |
Fourth Circuit |
2020-10-16 |
Denied |
Relisted (2)IFP |
aggravated-felony criminal-procedure deportation-order due-process fifth-amendment immigration judicial-review mendoza-lopez pro-se-alien waiver waiver-of-appeal |
In Mendoza-Lopez, 481 U.S. 828, 840 (1987), this Court held that the Fifth Amendment prevents the government from using a deportation order to satisfy… |
| 20-6051 |
Jonathan Ortiz-Torres v. United States |
First Circuit |
2020-10-16 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process ineffective-assistance plea-agreement sentencing sixth-amendment voluntariness |
Should a writ of certiorari should be granted to determine if trial counsel renders ineffective assistance when he fails to advise his client that the… |
| 20-6054 |
Alex Cori Tribue v. United States |
Eleventh Circuit |
2020-10-16 |
Denied |
Amici (1)Response RequestedResponse WaivedRelisted (2)IFP |
armed-career-criminal-act collateral-review criminal-procedure due-process notice notice-requirement prior-convictions sentencing-enhancement |
Whether, on collateral review, the government may maintain a sentencing enhancement under the ACCA by substituting a different conviction that it did … |
| 20-6058 |
Lacey Renee Baxter Moore, aka Lacey Kittrell v. United States |
Fifth Circuit |
2020-10-16 |
Denied |
Response WaivedIFP |
4th-amendment criminal-procedure due-process liberty-deprivation probation probation-condition sentencing-guidelines statutory-interpretation statutory-purposes supervised-release |
1) Is a standard condition of supervised release which requires a
person to "permit a probation officer to visit [her] at any time athome or elsewhere… |
| 20-6061 |
Whittier Buchanan v. California |
California |
2020-10-16 |
Denied |
Response WaivedIFP |
assistant-counsel constitutional-rights criminal-procedure due-process judicial-review legal-appeal right-to-counsel self-representation standby-counsel trial-transcripts witness-testimony |
I wish foR thE couat to decide clearly Whether My Soblic Defordon is lloived to assist the D.A. aftor the judge Relioved hen from her doties of sPRese… |
| 20-6017 |
Tracey Godfrey v. Lynn Guyer, Warden |
Ninth Circuit |
2020-10-15 |
Denied |
IFP |
civil-rights criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel sentencing |
DS BOUBLE JCOPHROY
0
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s
SENTONCES FOR THE VIOLAION Of 46-18-502 MCA
IS 2 SEPERATE
DOUBLE JEOPARDY
2
LOVOAH SONTONCE WAS … |
| 20-6018 |
Win Min Htut v. Mark Capozza, Superintendent, State Correctional Institution at Fayette, et al. |
Third Circuit |
2020-10-15 |
Denied |
Response WaivedIFP |
civil-rights constitutional-law constitutional-rights counsel-performance criminal-procedure due-process guilty-plea ineffective-assistance-of-counsel legal-procedure plea-agreement plea-bargaining |
1. Can a guilty plea which contains impossible and illegal clauses be entered into intelligently, knowing ly, and voluntarily?
2. Is the Due Process … |
| 20-6020 |
Nasser Mohamad Bazzi v. Michigan |
Michigan |
2020-10-15 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel interpreter-rights interpreters sixth-amendment structural-error |
1. WAS THE ARABIC-SPEAKING APPELLANT DENIED EFFECTIVE
ASSISTANCE OF COUNSEL DURING CRITICAL STAGES OF THE
PROCEEDINGS, FOR WHICH PREJUDICE IS PRESUMED… |
| 20-6030 |
Byron A. Wyatt v. United States |
Fifth Circuit |
2020-10-15 |
Denied |
Response WaivedIFP |
criminal-procedure evidentiary-sufficiency interest-of-justice interests-of-justice material-evidence newly-discovered-evidence rule-33 standard-of-review sufficiency-of-evidence trial-standard |
Whether F.R.Crim.P. Rule 33's standard for granting a new trial based on newly discovered evidence "if the interest of justice so requires" cannot be … |
| 20-6036 |
Torrey Washington v. Harold W. Clarke, Director, Virginia Department of Corrections |
Fourth Circuit |
2020-10-15 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure due-process exculpatory-evidence fair-trial ineffective-assistance jury-instructions prosecutorial-misconduct |
evidence never prove goilt Beyond a Reasonable doubt?
Atornery when She vouched that her experts Was telling the troth and did this deny the Petihoer… |
| 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 |
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| 20-6041 |
Raymond Lewis Perry v. United States |
Fourth Circuit |
2020-10-15 |
Denied |
Response WaivedRelisted (2)IFP |
civil-rights constitutional-rights criminal-procedure criminal-sentencing due-process equal-protection first-stage-proceeding robbery sentencing sentencing-hearing statutory-interpretation |
Question not identified. |
| 20-491 |
Sandy Perez Hernandez v. Texas |
Texas |
2020-10-15 |
Denied |
|
capital-murder criminal-procedure double-jeopardy fifth-amendment ineffective-assistance-of-counsel manslaughter texas-law |
1. Does the Fifth Amendment's double jeopardy clause bar conviction for intentional injury to a child following acquittal for capital murder, but conv… |
| 20-6003 |
Alvin Celius Andre v. United States |
Eleventh Circuit |
2020-10-14 |
Denied |
Response WaivedIFP |
circuit-conflict criminal-procedure entrapment government-intervention jacobson-v-united-states jury-instruction predisposition ready-willingness |
I. Whether the Eleventh Circuit's Entrapment Jury Instruction is in Conflict With Jacobson v. United States, 503 U.S. 540 (1992) and the Majority of t… |
| 20-6004 |
Jconcepcion Alonso-Tobar v. United States |
Fifth Circuit |
2020-10-14 |
Denied |
Response WaivedIFP |
case-review constitutional-rights criminal-procedure due-process fifth-circuit judicial-precedent sentencing statutory-interpretation supreme-court-precedent supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 20-6006 |
Terrance Leon Washington v. Crystal Willett, Superintendent, Meherrin River Regional Jail |
Fourth Circuit |
2020-10-14 |
Denied |
Response WaivedIFP |
4th-amendment civil-rights constitutional-rights criminal-procedure due-process entrapment ineffective-assistance prosecutorial-misconduct state-court-conviction |
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| 20-6007 |
William Harold Wright, Jr. v. United States |
Eleventh Circuit |
2020-10-14 |
Denied |
Response WaivedRelisted (2)IFP |
constitutional-challenge criminal-indictment criminal-procedure due-process indictment judicial-review prosecutorial-discretion statutory-interpretation sufficiency-of-evidence venue |
Did the Delaware Court Erect to Denie doaht's Modton bo t SINS Che Naictineit? |
| 20-5981 |
Javier Garza v. Illinois |
Illinois |
2020-10-13 |
Denied |
Response WaivedIFP |
case-characteristics constitutional-provisions court-jurisdiction criminal-procedure de-facto-life-sentence eighth-amendment judicial-review juvenile-sentencing legal-interpretation miller-v-louisiana statutory-provisions youth-characteristics |
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MXbLAre Tm Sxahth /IMmm &jt, vuiess thf TfixaL… |
| 20-5983 |
Omar Sierre Folk v. United States |
Third Circuit |
2020-10-13 |
Denied |
Response WaivedIFP |
advisory-guidelines career-offender criminal-procedure guidelines habeas-corpus pre-beckles section-2255 sentencing sentencing-guidelines statute-of-limitations third-circuit |
1. Whether the Third Circuit's erred in not addressing Erroneous Career Offender Designation under the 5, 2016. |
| 20-5994 |
Mongkhon Leekomon v. Georgia |
Georgia |
2020-10-13 |
Denied |
Response WaivedIFP |
criminal-law criminal-procedure georgia-court-of-appeals indictment legal-procedure statute-of-limitation statute-of-limitations statutory-interpretation tolling tolling-exception |
Whether the Georgia Court of Appeals erred in concluding that the indictment alleged a statutory tolling exception to extend the seven-year statute of… |
| 20-5996 |
Jamaal Howard v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2020-10-13 |
Denied |
IFP |
criminal-procedure due-process fourteenth-amendment ineffective-assistance-of-counsel mental-health mental-health-evaluation miranda-rights sixth-amendment |
1. Did the Fifth Circuit err in considering the totality of three different trials , and excusing the District Court' s erroneous conclusion regardin … |
| 20-5999 |
Sonya Porter v. Pennsylvania |
Pennsylvania |
2020-10-13 |
Denied |
Response WaivedIFP |
continuous-crime criminal-procedure double-jeopardy fifth-amendment plea-bargaining prosecution welfare-fraud |
Where a state criminal rule allows for dismissal of a case on the merits rather than via conviction or acquittal, is this sufficient to trigger protec… |
| 20-6000 |
Sara G. Kielly v. New York |
New York |
2020-10-13 |
Denied |
IFP |
civil-rights constitutional-conditions conviction-challenge criminal-procedure cruel-and-unusual-punishment due-process habeas-corpus plea-agreement plea-bargaining prison-treatment sentencing |
1.5 a defendant required, in light of well-established facts, to explicitly state a plea agreement's constitutional conditions, and treatment in priso… |
| 20-6001 |
Antranette Canady v. United States |
Fifth Circuit |
2020-10-13 |
Denied |
Response WaivedIFP |
3583(d)(2) civil-rights criminal-procedure liberty-deprivation probation probation-condition sentencing-guidelines statutory-interpretation statutory-purposes supervised-release |
1) Is a standard condition of supervised release which requires a
person to "permit a probation officer to visit [her] at any time athome or elsewhere… |
| 20-6002 |
Curtis Lee Dale v. United States |
Eighth Circuit |
2020-10-13 |
Denied |
Response WaivedIFP |
access-to-courts adverse-decision appeals case-seizure criminal-procedure district-court due-process federal-law-enforcement pro-se procedural-due-process warrant-search |
Does petitioner, a pro-se, a procedural due process right to "fair trial, Court and Code, at trial tactics" in the appeals court rejected by the distr… |
| 20-5978 |
Yoder Austin Blalock v. Alaska |
Alaska |
2020-10-09 |
Denied |
Response WaivedIFP |
14th-amendment 4th-amendment 6th-amendment constitutional-amendments criminal-procedure double-jeopardy due-process equal-protection self-incrimination unreasonable-search |
1) The decision of the State of Alaska, and the Alaska Court of Appeals are inconsistent with the United States Fifth Amendment rights providing that … |
| 20-5985 |
Derrick Kennedy Crumpton v. United States |
Sixth Circuit |
2020-10-09 |
Denied |
Response WaivedIFP |
bad-faith-review circuit-court-split criminal-procedure government-discretion government-motion judicial-review plea-agreement proffer-agreement sentencing sentencing-guidelines |
What is the scope of judicial review when the defendant and the government have entered in a Plea Agreement and/or a Proffer Agreement in which the go… |
| 20-5972 |
John Garrett Smith v. Ronald Hayes, Superintendent, Stafford Creek Correctional Center |
Ninth Circuit |
2020-10-09 |
Dismissed |
IFP |
4th-amendment 5th-amendment criminal-procedure search-and-seizure standing suppression-of-evidence |
WrXsJkditou <*ver 3 enW«a/1) Po^ a coof^ a^ns- ^ . .
cUa^e ujluLix ^Zu>_ aroSn^-'*^ 'jv2'^*" 2 sr'(fu,'^l
<^e, <^.0OOlujuZir (ok. video looMr^
cMi^^ P… |
| 20-5974 |
Quordalis V. Sanders v. Brian Foster, Warden |
Seventh Circuit |
2020-10-09 |
Dismissed |
Relisted (2)IFP |
civil-rights criminal-procedure due-process equal-protection evidence sentencing |
ory trial and aepeal ?
kgally found not ilty of br a our ?
+
plicity of the dharges in thefilins of tue oviminal informetidn ?
Did both Hhx Wiscousin … |
| 20-464 |
James J. Rosemond v. United States |
Second Circuit |
2020-10-09 |
Denied |
|
actus-reus capital-cases concession-of-guilt criminal-defendant criminal-procedure right-to-autonomy sixth-amendment trial-counsel |
In McCoy v. Louisiana, 138 S. Ct. 1500 (2018), this Court held that the Sixth Amendment grants criminal defendants a right to "autonomy" that permits … |
| 20-5947 |
Craig Martin Shults v. United States |
Ninth Circuit |
2020-10-08 |
Denied |
Response WaivedIFP |
18-usc-115 criminal-procedure criminal-prosecution due-process evidence-admissibility federal-judge federal-rules-of-evidence federal-statute federal-threat subsequent-act-evidence |
Whether, in an 18 U.S.C. § 115(a)(1)(B) prosecution for threatening a federal judge, subsequent act evidence of additional threats made months after t… |
| 20-5951 |
Joshua Scott Richards v. United States |
Tenth Circuit |
2020-10-08 |
Denied |
Response WaivedIFP |
child-pornography criminal-procedure criminal-sentencing federal-sentencing sentencing sentencing-guidelines substantive-reasonableness u.s.-sentencing-commission u.s.s.g.-§-2g2.2 |
Whether a sentence imposed pursuant to the United States Sentencing Guidelines covering the crimes of accessing or possessing child pornography, U.S.S… |
| 20-5954 |
Meryl S. McDonald v. Florida |
Florida |
2020-10-08 |
Denied |
IFP |
criminal-procedure death-penalty death-sentence due-process equal-protection fourteenth-amendment post-conviction postconviction-counsel pro-se-filing right-to-counsel |
The question presented in this case is whether rule 3.851(b)(6)&(i) found in the Florida Rules of Criminal Procedure is unconstitutional and violates … |
| 20-5957 |
Darius Taurean Caldwell v. United States |
Eleventh Circuit |
2020-10-08 |
Denied |
Response WaivedIFP |
burden-of-proof civil-rights criminal-procedure due-process evidence sentencing |
Question not identified. |
| 20-5959 |
Clinton Devone Hicks v. United States |
Fifth Circuit |
2020-10-08 |
Denied |
Relisted (3)IFP |
circuit-split commerce-clause criminal-law criminal-procedure plain-error rehaif-standard rehaif-v-united-states statutory-interpretation |
I. Whether this Court should grant review to resolve a split between the circuits courts' determination of whether error under Rehaif v. United States… |
| 20-5961 |
Lemar Gant v. Brian Williams, Sr., et al. |
Ninth Circuit |
2020-10-08 |
Denied |
Response WaivedIFP |
6th-amendment constitutional-duty criminal-procedure due-process habeas-corpus ineffective-assistance prejudice state-court-review strickland-v-washington witness-investigation |
Whether the Ninth Circuit erroneously concluded Gant could not establish ineffective assistance of counsel where counsel failed to conduct an independ… |
| 20-5966 |
Keven A. Morgan v. United States District Court for the Eastern District of North Carolina |
Fourth Circuit |
2020-10-08 |
Denied |
IFP |
4th-amendment 5th-amendment 6th-amendment attorney-general authorization-order criminal-procedure due-process jury-trial law-enforcement wire-tapping wiretapping |
LAW ENFORCEMENT AND DISTRICT ATTORNEY FAIL TO ATTACHED THE
UNITED STATES ATTORNEY GENERAL SPECIAL DESIGNATED
AUTHORIZATION ORDER AND AUTHORIZATION M… |
| 20-5933 |
Junior Griffin v. United States |
Second Circuit |
2020-10-07 |
Denied |
Response WaivedIFP |
complete-defense constitutional-rights criminal-procedure due-process hearsay hearsay-exclusion impeachment-evidence right-to-present-evidence supervisory-power wiretap-evidence wiretapping |
When Mr. Griffin was denied his right to present critical exculpatory and impeachment evidence through the unpresented remainder of the government's s… |
| 20-5935 |
Frank Allen Levi Holland v. Michigan |
Michigan |
2020-10-07 |
Denied |
IFP |
burden-of-proof compulsory-violations confrontational-violations constitutional-rights criminal-procedure due-process evidence-admission ineffective-assistance-of-counsel jury-instructions prosecutorial-misconduct |
Is leaving allowance for a defendant's Sixth and Federal Constitutional right to due process of law to be violated by denying erroneous instructions a… |
| 20-5939 |
Kadeem Burden v. United States |
Fifth Circuit |
2020-10-07 |
Denied |
Relisted (4)IFP |
criminal-procedure due-process fifth-amendment firearm-possession jury-instructions plain-error-review rehaif-standard rehaif-v-united-states sixth-amendment |
In a conviction for violation of 18 U.S.C. Section 922(g), after a jury trial held prior to this Court's ruling in Rehaif v. United States, 139 S.Ct. … |
| 20-5940 |
Sabrina Alexander Weightman v. United States |
Fifth Circuit |
2020-10-07 |
Denied |
Response WaivedIFP |
vacate the sentence and remand to the Fifth Circu constitutional-law criminal-procedure due-process fifth-circuit sentence-vacatur sentencing supreme-court-review united-states-v-haymond writ-of-certiorari |
I. Whether this Court should grant certiorari, vacate the sentence and remand to the Fifth Circuit for reconsideration in light of United States v. Ha… |
| 20-5942 |
John Tran v. United States |
First Circuit |
2020-10-07 |
Denied |
Response WaivedIFP |
criminal-procedure exclusionary-rule federal-criminal-procedure good-faith-exception judicial-jurisdiction jurisdiction procedural-error rule-41 search-and-seizure void-ab-initio warrant-validity |
1. Whether the First Circuit erroneously applied the good faith exception to the exclusionary rule where the government violated Fed. R. Crim. P. 41 i… |
| 20-5943 |
Lamar A. Williams v. United States |
Fourth Circuit |
2020-10-07 |
Denied |
Response WaivedIFP |
civil-rights complaint-filing constitutional-rights criminal-charges criminal-procedure due-process first-amendment legal-procedure retaliation standing |
Whether or not the criminal charges were retaliatory in response to my May 8, 2018 complaint, the follow up complaint on May 24, 2018 and a 200-page s… |
| 20-5944 |
In Re Gerald M. Calmese |
|
2020-10-07 |
Denied |
IFP |
constitutional-rights conviction criminal-procedure due-process effective-counsel evidence fourteenth-amendment habeas-corpus identity-theft jurisdiction sixth-amendment |
1. Was the Eidere tresrs toblishThe "Anoter Person. in RDiRn Ent of Pantiff which The LAS COnUCED of Lakno thie I 2
2. Ds the cot betore which the Pe… |
| 20-5945 |
Shelby Clarmont v. Willis Chapman, Warden |
Sixth Circuit |
2020-10-07 |
Denied |
Response WaivedIFP |
advisory-guidelines constitutional-violation criminal-procedure due-process people-v-lockridge people-v-milbourn proportionality resentencing sentencing-guidelines |
Is The Imposing Of A Sentence Which Was Based On Incorrectly Scored Sentencing Guidelines And Was A Departure From Applicable Advisory Guidelines Wher… |
| 20-444 |
United States v. Michael Andrew Gary |
Fourth Circuit |
2020-10-07 |
Judgment Issued |
Amici (5)Relisted (2) |
criminal-law criminal-procedure due-process felon-in-possession firearm-possession mens-rea plain-error plain-error-rule plea-bargaining plea-colloquy substantial-rights |
Whether a defendant who pleaded guilty to possessing a firearm as a felon, in violation of 18 U.S.C. 922(g)(1) and 924(a), is automatically entitled t… |
| 20-5917 |
Eric Malmstrom v. United States |
First Circuit |
2020-10-06 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
civil-procedure competency criminal-law criminal-procedure due-process embassy-communication judicial-discretion mental-competency mental-disease mental-disease-or-defect standing sua-sponte |
Whether the district court abused its discretion when it failed to sua sponte order a competency evaluation. The facts of Petitioner's crime, standing… |
| 20-5929 |
Tommy Lee Jones v. United States |
Sixth Circuit |
2020-10-06 |
Denied |
Response WaivedIFP |
2g2.2(b)(5) burden-of-proof criminal-procedure offense-conduct police-report restitution sentencing-guidelines shepard-standard shepard-v-united-states unreliable-evidence |
Can the government utilize an unreliable nearly thirty (30) year old police report to satisfy its burden the sentencing guideline five (5) level enhan… |
| 20-5930 |
Diego Palacios-Villalon v. United States |
Fifth Circuit |
2020-10-06 |
Denied |
Response WaivedIFP |
appellate-review burden-of-proof criminal-procedure culpability drug-trafficking judicial-discretion mitigating-role sentencing-guidelines |
"does a defendant have the sole obligation in the establishment of these elements or does the trial judge have a duty to inquire into them". |
| 20-5902 |
Larry Burt Sexton v. Tennessee |
Tennessee |
2020-10-05 |
Denied |
Response WaivedIFP |
career-offender criminal-procedure due-process fourteenth-amendment hearsay hearsay-evidence parole-consideration sentencing |
Error by the trial court in admitting hearsay evidence at the sentencing hearing and by finding that the petitioner was a career offender and sentenci… |
| 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 |
A. Whether evidence of prior prostitution activity that is inadmissible under Rule 412 of the Federal Rules of Evidence to rebut a claim of sex traffi… |
| 20-5908 |
Mikel Clotaire v. United States |
Eleventh Circuit |
2020-10-05 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
criminal-procedure eleventh-circuit-precedent fair-trial fifth-amendment fourteenth-amendment mug-shot-admission presumption-of-innocence sixth-amendment sixth-circuit-precedent |
Whether the Eleventh Circuit's decision to admit a mug shot in a criminal trial absent a need for the evidence splits with well-established Sixth Circ… |
| 20-5909 |
David Conerly v. United States |
Ninth Circuit |
2020-10-05 |
Denied |
Response WaivedRelisted (2)IFP |
appellate-review criminal-procedure district-court evidence evidence-review judicial-review ninth-circuit sentencing sentencing-guidelines standard-of-review |
Did the Ninth Circuit err by mining the district record to uphold an upward adjustment to petitioner's offense level under the Sentencing Guidelines? … |
| 20-5910 |
Robert Coleman v. United States |
Fifth Circuit |
2020-10-05 |
Denied |
Response WaivedIFP |
civil-rights constitutional-law constitutional-rights criminal-procedure due-process fifth-amendment relevant-conduct sentencing sentencing-enhancement statutory-interpretation |
1. What Conateude celevank Conduck 2°
Ad. \Nhen does teledant Conduck become Celevant Conduct do dhe inslant S¥Sense oF conuicheon Yo be used to enha… |
| 20-5913 |
Bradley M. Cox v. United States |
Seventh Circuit |
2020-10-05 |
Denied |
Response WaivedIFP |
bail-reform-act constitutional-interpretation constitutional-rights criminal-procedure due-process evidentiary-standards factors-for-detention presumption-of-innocence pretrial-detention release-conditions witness-testimony |
1. When the rebuttable presumption of detention exists how much or what quality of evidence is sufficient to rebut it?
2. Is the presumption of innoc… |
| 20-5915 |
Perry Cortese v. United States |
Eleventh Circuit |
2020-10-05 |
Denied |
Response WaivedIFP |
appeals-court criminal-procedure district-court enhancement federal-sentencing-guidelines sentencing |
/. ~J)rd tkp&r$frFc^PocjrT^zr\d fp P/e/^17^ &ru/?~^Kjs p) vt'OU'fif' <p Loss copP^^o/ La1 /Pep / A
? |
| 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 due process rights are violated when the State's eyewitness primary to the offense testifies under a false name a disclosure to … |
| 20-5921 |
Joseph J. Craig v. Kansas |
Kansas |
2020-10-05 |
Denied |
IFP |
constitutional-law criminal-defense criminal-procedure due-process fair-trial jury-instruction kansas-supreme-court voluntary-intoxication |
Did the Kansas Supreme Court deny the defendants rights to a fair trial under the Due Process Clause when it should have ruled the defendant was entit… |
| 20-430 |
Justin Marques Henning v. United States |
Ninth Circuit |
2020-10-05 |
Denied |
Response WaivedRelisted (3) |
appellate-review circuit-split criminal-conviction criminal-procedure due-process equipoise-rule evidence mere-presence |
Whether a criminal defendant may be convicted based solely on evidence of his mere presence near the scene of the crime, without any evidence that the… |
| 20-5871 |
Derrick Lenard Smith v. United States |
Fifth Circuit |
2020-10-02 |
Denied |
Response WaivedIFP |
18-usc-924 attempt bodily-injury borden-v-united-states criminal-law criminal-procedure criminal-statute federal-law sentencing-enhancement statutory-interpretation |
Whether 18 U.S.C. §924(c)(3)(A) includes all offenses that require an attempt to inflict bodily injury? |
| 20-5872 |
Jesus Sanchez-Chacon v. United States |
Fifth Circuit |
2020-10-02 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure due-process indictment jury-determination jury-trial prior-conviction sentencing statutory-maximum |
I. Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and ei… |
| 20-5889 |
In Re Jesus Anaya |
|
2020-10-02 |
Denied |
Response WaivedIFP |
adversarial-testing certificate-of-appealability constitutional-rights constructive-denial-of-counsel criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel slack-standard standard-of-review |
WHETHER TRIAL AND APPELLATE COUNSEL(S)' S INADEQUATE REPRESENTATION OF JESUS ANAYA CONSTITUTED, AT BEST, CONSTRUCTIVE DENIAL OF COUNSEL, WHERE TRIAL C… |
| 20-5890 |
Willie R. Benton, Jr. v. United States |
Sixth Circuit |
2020-10-02 |
Denied |
Response WaivedIFP |
criminal-procedure drug-conspiracy due-process mistake-of-fact relevant-conduct sentencing sixth-circuit |
Is a criminal defendant denied Due Process of Law when the sentencing Court in a drug conspiracy case determines that a quantity of a substance should… |
| 20-5897 |
Demetrice Williams v. Sandy McCain, Warden, et al. |
Fifth Circuit |
2020-10-02 |
Denied |
IFP |
certificate-of-appealability COA criminal-procedure criminal-prosecution denial effective-assistance-of-counsel equal-protection federal-district-court fourteenth-amendment ineffective-assistance-of-counsel sixth-amendment |
A. WHETHER THE FEDERAL DISTRICT COURT SHOULD NOT HAVE DENIED COA BASED ON THE SUBSTANTIAL SHOWING OF THE DENIAL OF THE SIXTH AMENDMENT GUARANTEES OF T… |
| 20-5848 |
Richard Bridgeman Gustafson v. Oregon |
Oregon |
2020-10-01 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process fourteenth-amendment jury-trial jury-unanimity ramos-v-louisiana sixth-amendment state-trial-procedure |
If a criminal trial in the State of Oregon did not guarantee a unanimous verdict, leading defendant to choose a bench trial, was this unconstitutional… |
| 20-5857 |
Alimamy Barrie v. United States |
Fourth Circuit |
2020-10-01 |
Denied |
Response WaivedIFP |
18-USC-3582 criminal-procedure discretion federal-sentencing guidelines judicial-discretion retroactivity sentencing sentencing-amendment statutory-interpretation |
Question not identified. |
| 20-5866 |
Shawn Kristi Dicken v. Shawn Brewer, Warden |
Sixth Circuit |
2020-10-01 |
Denied |
Response WaivedIFP |
brady-material brady-v-maryland constitutional-amendments criminal-procedure discovery due-process evidence exculpatory-evidence expert-testimony prosecutorial-misconduct |
I. WAS PETITIONER DENIED DISCOVERY PURSUANT TO BRADY v. MARYLAND
373 U.S. 83 VIOLATING HER V, VI AND XIV CONST. AMENDS.?
II. WAS IMPROPER EXPERT OPI… |
| 20-5868 |
Manuel Acosta-Lopez v. United States |
Ninth Circuit |
2020-10-01 |
Denied |
Response WaivedIFP |
in a run-of-the-mill drug smuggling case between is a participant who had a managerial role in the criminal-law criminal-procedure drug-smuggling drug-trafficking managerial-role mexico-united-states-border mexico-us-relations minor-role participant-classification role-adjustment role-in-offense sentencing-guidelines |
Whether, in a run-of-the-mill drug smuggling case between Mexico and the United States, is a participant who had a managerial role in the offense excl… |
| 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 |
(1) Did the State's admission of the Wood/E Vestim/iy and O/M dpotE of a Su/dOaaEe Da/A adalysi l/L lieuoP+hg achial VA/A aflalysT and O/i/Aj'tpof'E .… |
| 20-5875 |
Terrence D. Marsh v. United States |
Fourth Circuit |
2020-10-01 |
Denied |
Response WaivedIFP |
18-usc-924c 6th-amendment criminal-procedure defense-right evidence firearm-prosecution firearms rosemond-precedent rosemond-v-united-states section-924c sixth-amendment statements-against-interest |
Whether the Court violated Rosemond v. United States, 572 U.S. 65 (2014), when finding Marsh had advance knowledge of the presence of a firearm in his… |
| 20-5877 |
Demetrius Cherilus Morancy v. United States |
Eleventh Circuit |
2020-10-01 |
Denied |
Response WaivedIFP |
18-usc-3013 criminal-law criminal-procedure federal-statute legal-procedure offenses-against-the-united-states sentencing special-assessment statutory-interpretation |
Whether the special assessment required by 18 U.S.C. Section 3013 for "an offense against the United States" is required to be imposed for all offense… |
| 20-5879 |
Michael Matthew Phillips v. United States |
Fourth Circuit |
2020-10-01 |
Denied |
Response WaivedIFP |
4th-amendment constructive-possession criminal-law criminal-procedure evidence felon-in-possession firearm-evidence rule-404b rules-of-evidence witness-testimony |
1. Whether evidence that a defendant walked with a person to a public place where the other person retrieved a firearm is sufficient to show that the … |
| 20-5880 |
Deepak Deshpande v. United States |
Eleventh Circuit |
2020-10-01 |
Denied |
Response WaivedIFP |
appeal appellate-review civil-rights constitutional-rights criminal-procedure due-process federal-jurisdiction meaningful-access statutory-interpretation transcript |
1. an statutorily On instad they acquind bypothetinal jurisdiction.
2. convictien have @right to control dfense and right to Casist in Ocon dleeose 9… |
| 20-5881 |
Jose Vincente Lira-Ramirez v. United States |
Tenth Circuit |
2020-10-01 |
Denied |
Response WaivedIFP |
criminal-procedure due-process immigration immigration-law jurisdiction jurisdictional-defect noncitizen-rights notice removal removal-proceedings unlawful-reentry |
Does the Due Process Clause permit a noncitizen to be convicted under 8 U.S.C. § 1326 for unlawful reentry into the United States if the noncitizen wa… |
| 20-5882 |
Omero Nino-Guerrero v. United States |
Fifth Circuit |
2020-10-01 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum |
Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 20-5883 |
Kyle Patrick Comrie v. California |
California |
2020-10-01 |
Denied |
IFP |
burden-of-proof constitutional-rights criminal-procedure due-process felony-murder jury-findings jury-instructions reasonable-doubt sandstrom sufficiency-of-evidence |
Petitioner's first degree murder conviction was invalid under People v, Chiu as
there was no basis to find that the iurv did not rely on aiding and a… |
| 20-5884 |
Charles Chad Giese v. California |
California |
2020-10-01 |
Denied |
Response WaivedIFP |
criminal-procedure custodial-interrogation due-process miranda-rights prosecutorial-misconduct right-to-counsel right-to-defense self-defense self-incrimination |
I. Did Police Violated Giese's Miranda Rights by Interrogating Him While He was in Custody?
II. By Excluding Evidence of the Decedent's Drug Use, Was… |
| 20-5850 |
Aaron Keith Avery v. United States |
Fifth Circuit |
2020-09-30 |
Denied |
Response WaivedIFP |
arbitrary-questioning border-patrol civil-rights criminal-procedure fourth-amendment immigration-checkpoint martinez-fuerte programmatic-purpose united-states-v-martinez-fuerte |
Does the Border Patrol's unfettered and arbitrary questioning of those stopped at an immigration checkpoint to ferret out crime go beyond the limited … |
| 20-5851 |
John Christopher Badgett v. United States |
Fifth Circuit |
2020-09-30 |
Denied |
Response WaivedIFP |
appellate-review circuit-court criminal-procedure due-process fifth-circuit judicial-discretion sentencing sentencing-review substantive-reasonableness united-states-v-haymond |
I. Whether this Court should grant certiorari, vacate the sentence and remand to the Fifth Circuit for reconsideration in light of United States v. Ha… |
| 20-5852 |
Robert Louis Brandon v. United States |
Fifth Circuit |
2020-09-30 |
Denied |
Relisted (3)IFP |
appellate-review automatic-reversal circuit-split criminal-procedure guilty-plea prejudice-inquiry rehaif-error rehaif-v-united-states structural-error |
1. Is a district court's error under Rehaif v. United States, 139 S. Ct. 2191 (2019), a structural error that warrants automatic reversal of a guilty … |
| 20-5853 |
Ubaldo Gabriel Acosta-Leyva v. United States |
Fifth Circuit |
2020-09-30 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure criminal-sentencing drug-guidelines drug-offense due-process empirical-basis fifth-circuit presumption-of-reasonableness sentencing-guidelines |
Whether a sentence produced by the drug guideline, §2D1.1, is not entitled to a presumption of reasonableness on appeal. |
| 20-5854 |
Trumaine Muller v. United States |
Eleventh Circuit |
2020-09-30 |
Denied |
Response WaivedIFP |
criminal-law criminal-procedure drug-offense drug-offenses intervening-act jury-instruction jury-instructions mens-rea plain-error proximate-cause |
I. THE TRIAL COURT COMMITTED PLAIN ERROR IN FAILING TO INSTRUCT THE JURY THAT THE GOVERNMENT HAD TO PROVE MENS REA AS TO EACH DRUG OFFENSE AND THE RES… |
| 20-5860 |
Miguel Antonio Wooten v. Warren L. Montgomery, Warden |
Ninth Circuit |
2020-09-30 |
Denied |
Response WaivedIFP |
county-of-riverside-v-mclaughlin criminal-procedure due-process effective-assistance-of-counsel fourth-amendment habeas-corpus probable-cause sixth-amendment |
1. On habeas corpus revi ew of a state-court judgment under 28
U.S.C . § 2254, di d the Di strict Court fai l to uphol d peti tioner's Si xth
Amendmen… |
| 20-5862 |
Markey Antonio Goldston v. United States |
Fourth Circuit |
2020-09-30 |
Denied |
Response WaivedIFP |
appeal-waiver appellate-rights constitutional-law constitutional-rights criminal-procedure defendant-rights due-process government-overreach plea-agreement plea-bargaining |
1. IS A DEFEDANT'S RIGHT TO DUE PROCESS OF LAW VIOLATED WHEN THE GOVERNMENT REQUIRES AN APPEAL WAIVER AS PART OF A PLEA AGREEMENT? |
| 20-5834 |
Jose Rufino Garcia-Chicol v. Arkansas |
Arkansas |
2020-09-29 |
Denied |
Response WaivedIFP |
2nd-amendment civil-rights constitutional-rights criminal-procedure due-process fair-trial foreign-national language-rights standing translation-services |
i) Should the Second plus Guarantees Protections of 1 Foreign Civilized Under the Freches, Constituted, and States of the United States of America in … |
| 20-5840 |
James Robert Miller v. United States |
Ninth Circuit |
2020-09-29 |
Denied |
IFP |
conflict-of-interest criminal-procedure due-process ethical-violations federal-jurisdiction indictment-dismissal prosecutorial-misconduct recusal |
Should this Court grant the petition for writ of certiorari to resolve the important federal question of whether a prosecutor's initiation of an inves… |
| 20-400 |
James Avery, Jr. v. United States |
Eleventh Circuit |
2020-09-29 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
armed-career-criminal-act burglary-statute circuit-split criminal-procedure divisibility divisible-statute sentence-enhancement statutory-interpretation |
Whether a state burglary statute that disjunctively lists places that may be burgled under the statute is divisible for purposes of a sentence enhance… |
| 20-401 |
Devan Pierson v. United States |
Seventh Circuit |
2020-09-28 |
Denied |
|
circuit-split constructive-amendment criminal-procedure fifth-amendment grand-jury grand-jury-clause plain-error prejudice rule-52b substantial-rights |
1. What test, if any, should be used to determine whether a constructive amendment impacted a defendant's substantial rights under Rule 52(b)?
2. Wha… |
| 20-5768 |
RaySean D. Barber v. Todd Wasmer, Warden |
Eighth Circuit |
2020-09-28 |
Denied |
IFP |
criminal-procedure due-process effective-assistance-of-counsel factual-basis information motor-vehicle-operation plea-colloquy proximate-cause |
Was Appellant denied Due Process of Law and Effective Assistance of Counsel where the charging document (information) did not include within the state… |
| 20-5803 |
Raymond Brown v. Pennsylvania |
Pennsylvania |
2020-09-28 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure due-process equal-protection federalism fourteenth-amendment petition-for-review standing state-court supreme-court-rules |
Did the State Courts of Pennsylvania violate petitioner's due process under the United States Constitution where they quash Petitioner's appeal? |
| 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 |
1) Whether the Confrontation Clause of the Sixth Amendment permits, under the guise of "overview testimony", the
admission against a criminal defenda… |
| 20-5821 |
Calvin Simpson v. Illinois |
Illinois |
2020-09-28 |
Denied |
IFP |
5th-amendment 6th-amendment constitutional-rights criminal-procedure criminal-sexual-assault due-process effective-assistance-of-counsel ineffective-assistance prosecutorial-misconduct sexual-assault |
Question not identified. |
| 20-5824 |
Trenard Caldwell v. United States |
Eleventh Circuit |
2020-09-28 |
Denied |
Relisted (3)IFP |
criminal-procedure due-process eleventh-circuit fourth-circuit guilty-plea plea-withdrawal rehaif-standard rehaif-v-united-states statutory-interpretation structural-error |
Where a defendant pled guilty to a violation of 18 U.S.C. § 922(g) prior to Rehaif v. United States, 139 S.Ct. 2191 (2029), and it is undisputed that … |
| 20-5825 |
Larry Lamar Nance v. United States |
Fourth Circuit |
2020-09-28 |
Denied |
Response WaivedIFP |
appellate-review central-thesis circuit-split criminal-procedure due-process judicial-discretion mitigation mitigation-arguments sentencing sentencing-review |
Whether it is sufficient for a sentencing court to address the "central
thesis" of a defendant's arguments in mitigation or whether, as a majority
of … |
| 20-5827 |
Michael R. Spengler v. Alex Villanueva |
Ninth Circuit |
2020-09-28 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure custody-claims due-process extraordinary-circumstances habeas-corpus legal-abuse petition-review standing |
Federal Habeas book oN the lexIs Nexis touckcreen Here At the JAil (by MAtthew BeNdeR) 28usC 2241-autharizes "other specIAl ciranstances CrEAHING A su… |
| 20-5812 |
Jason Andrew Dunlap v. United States |
Ninth Circuit |
2020-09-25 |
Denied |
Response WaivedIFP |
acceptance-of-responsibility criminal-procedure defendant-responsibility federal-sentencing guilty-plea offense-level plea-bargaining sentencing-guidelines |
Do the sentencing Guidelines limit the maximum offense level to 43, so that, from that highest level, there is a reduction when a defendant accepts re… |
| 20-5813 |
Glenn Young v. Darrel Vannoy, Warden |
Fifth Circuit |
2020-09-25 |
Denied |
Response RequestedResponse WaivedRelisted (3)IFP |
constitutional-rights criminal-procedure due-process effective-assistance-of-counsel fourteenth-amendment jury-conviction jury-trial non-unanimous-verdict sixth-amendment |
Is the State's evidence sufficient to sustain Young's non-unanimous conviction?
Was Young entitled to a unanimous jury verdict under the Sixth and Fo… |
| 20-5814 |
Anthony Kinta Webb v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2020-09-25 |
Denied |
Relisted (2)IFP |
6th-amendment civil-rights constitutional-rights criminal-procedure due-process evidence-suppression fourth-amendment jury-selection probable-cause public-trial search-and-seizure |
Question not identified. |
| 20-5815 |
In Re Seth John Wilcox |
|
2020-09-25 |
Denied |
Response WaivedIFP |
civil-rights constitutional-provisions criminal-procedure due-process federalism fundamental-rights grand-jury hurtado-v-california supremacy-clause |
I. CAN A STATE CREATE AND ENFORCE CONTRARY LAW, THAT DEPRIVES ITS CITIZENS OF THEIR FUNDAMENTAL RIGHTS, GUARANTEED BY THE UNITED STATES CONSTITUTION?
… |
| 20-5816 |
Jose Antonio Acevedo-Lemus v. United States |
Ninth Circuit |
2020-09-25 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure federal-rules-of-criminal-procedure good-cause plain-error probable-cause search-warrant suppression-motion waiver |
1. When a defendant raises a new theory on appeal in support
of a suppression motion filed in district court—in this case, a
lack of probable cause fo… |
| 20-390 |
Brandan A. Mack v. Florida |
Florida |
2020-09-25 |
Denied |
Response Waived |
child-pornography civil-rights criminal-offense criminal-procedure due-process felony-penalty juvenile-offender sex-offender-registration |
Where a state enacts long-term sex offender registration requirements which are enforced under threat of felony criminal offense, may the state subjec… |
| 20-5773 |
William C. McGee v. United States |
Eighth Circuit |
2020-09-24 |
Denied |
Relisted (4)IFP |
armed-career-criminal-act criminal-procedure essential-element judicial-determination jury-instructions jury-trial sixth-amendment structural-error |
I. Whether omitting an essential element of the crime in both the indictment and jury instructions may be reviewed for harmlessness as held by the Eig… |
| 20-5781 |
Abdur-Rashid Muhammad v. Nebraska |
Nebraska |
2020-09-24 |
Denied |
Response WaivedIFP |
constitutional-violation criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-counsel jurisdiction plea-agreement subject-matter-jurisdiction void-conviction |
1. DID THE DISTRICT COURT JUDGE ROBERT R. OTTE ERROR, In denying th 'eePetitioner ' s
Petition For Writ Of Habeas Corpus & Emergency Ex Parte Motion F… |
| 20-5783 |
Chia Jean Lee v. United States |
Fifth Circuit |
2020-09-24 |
Denied |
Response WaivedIFP |
appellate-review chapman-v-california circuit-split constitutional-standard criminal-procedure deliberate-indifference harmless-error jury-instruction jury-instructions standard-of-review |
The government requested and received a deliberate indifference instruction in the criminal jury charge, over Lee's objection. The Fifth Circuit Court… |
| 20-5788 |
Edward James Wilkins v. Washington |
Washington |
2020-09-24 |
Denied |
IFP |
6th-amendment capital-punishment civil-rights conflict-of-interest constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel post-conviction-relief |
Question not identified. |
| 20-5794 |
Scott T. Wilbert v. United States |
Second Circuit |
2020-09-24 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure fourth-amendment franks-hearing probable-cause search-and-seizure second-circuit suppression-motion |
1. Should certiorari be granted because the Second Circuit Court of Appeals improperly affirmed the denial of Petitioner's Fourth Amendment suppressio… |
| 20-5797 |
Jeffrey Murray v. Rhode Island |
Rhode Island |
2020-09-24 |
Denied |
Response WaivedIFP |
4th-amendment civil-rights criminal-procedure due-process judicial-determination probable-cause probation-violation standing warrantless-arrest |
Whether a summons must issue prior to the issuance of a bench warrant, to effect the arrest of a suspected technical probation violator?
Whether a su… |
| 20-5799 |
Lorenzo Davis v. United States |
Sixth Circuit |
2020-09-24 |
Denied |
Response WaivedIFP |
acquitted-conduct constitutional-law criminal-law criminal-procedure double-jeopardy due-process judicial-discretion sentencing sentencing-guidelines |
Whether a criminal defendant's sentence should be based upon acquitted conduct. |
| 20-5765 |
Daniel F. Borden, Sr. v. Gary Swarthout, Warden |
Ninth Circuit |
2020-09-23 |
Denied |
Response WaivedRelisted (2)IFP |
brady-v-maryland civil-rights constitutional-rights criminal-procedure due-process evidence exculpatory-evidence probable-cause prosecutorial-misconduct |
Was a Candy Mealy to Police Officers, when The Are Excalpatoay Matecial Evid m exon eanke, A Persens? ial, Evidence That Wo a @ Caw the People Tusk Di… |
| 20-5775 |
Natalie Angeles v. United States |
Fifth Circuit |
2020-09-23 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
acceptance-of-responsibility criminal-procedure harm-analysis judicial-coercion presentence-report sentencing structural-error |
Does a district court coerce the Defendant to withdraw her objections to findings in the Presentence Report where the court informs the Defendant that… |
| 20-5776 |
Joel Thomas Augard v. United States |
Eighth Circuit |
2020-09-23 |
Denied |
IFP |
4th-amendment affidavit criminal-procedure exclusionary-rule good-faith good-faith-exception probable-cause search-warrant warrant-execution |
(1) Whether the good-faith analysis prohibits consideration of facts not included in the search-warrant affidavit?
(2) Whether the good-faith excepti… |
| 20-5778 |
David Davalos, Sr. v. United States |
Fifth Circuit |
2020-09-23 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
criminal-procedure criminal-procedure-rules district-court-jurisdiction federal-rules forfeiture forfeiture-order jurisdiction money-judgment notice-of-appeal time-limits |
1. Whether a district court exceeds its jurisdiction by entering a preliminary order of forfeiture and an order of money judgment beyond the time limi… |
| 20-5780 |
D. W. v. California |
California |
2020-09-23 |
Denied |
IFP |
amendment criminal-procedure due-process fourteenth-amendment juvenile-court notice petition-amendment prosecutorial-discretion trial-procedure |
Did The Juvenile Court Violate A Minor's Right To Due Process Under The Fourteenth Amendment When It Granted The Prosecutor's Request To Amend A Petit… |
| 20-5751 |
Pedro Fernandez-de Campa v. United States |
Eleventh Circuit |
2020-09-21 |
Denied |
Response WaivedIFP |
case-law certiorari-petition criminal-law criminal-procedure due-process judicial-reconsideration precedent precedent-review sentencing stare-decisis statutory-interpretation supreme-court-review |
Whether Almendarez-Torres v. United States, 523 U.S. 224 (1998), should be overruled. |
| 20-5752 |
Christopher Aundre Faulkner, aka Christopher A. Faulkner v. United States |
Fifth Circuit |
2020-09-21 |
Denied |
Response WaivedIFP |
criminal-procedure discovery discovery-obligations due-process fifth-amendment government-diligence government-misconduct pretrial-detention |
Whether a prolonged length of pretrial detention violates the Due Process Clause of the Fifth Amendment because the government has failed to exercise … |
| 20-5750 |
Chester Alan Staples v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2020-09-18 |
Denied |
Relisted (2)IFP |
appellate-jurisdiction appellate-procedure certificate-of-appealability criminal-procedure due-process fifth-circuit habeas-corpus judicial-review standard-of-review |
Did the UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT err
in denying my motion (Staples) for a Certificate of Appealability? |
| 20-5759 |
Charles C. Williamson v. United States |
Fourth Circuit |
2020-09-18 |
Denied |
Response WaivedIFP |
accomplice-liability criminal-procedure drug-quantity drug-weight judicial-interpretation relevant-conduct sentencing-guidelines standard-of-review statutory-interpretation |
WHETHER THE DISTRICT COURT AND CIRCUIT COURT MISINTERPRETED
AND MISAPPLIED THE "RELEVANT CONDUCT" PROVISIONS OF UNITED
STATES SENTENCING COMMISSION, G… |
| 20-5730 |
Jimmie Butler v. United States |
Sixth Circuit |
2020-09-17 |
Denied |
Response WaivedIFP |
appellate-review career-offender criminal-procedure criminal-sentencing due-process harmless-error judicial-discretion sentencing-enhancement standard-of-review |
I. The district court improperly designated Mr. Butler as a career offender, and this was not harmless error. The district court made a rote, less tha… |
| 20-5734 |
Alfred Flores, III v. California |
California |
2020-09-17 |
Denied |
IFP |
capital-punishment constitutional-requirements criminal-procedure criminal-sentencing death-penalty due-process jury-findings jury-trial reasonable-doubt ring-v-arizona sentencing |
Whether California's death penalty scheme violates the constitutional requirement that any fact that increases the penalty for a crime must be found b… |
| 20-5735 |
Michael Dean Perry v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2020-09-17 |
Denied |
Relisted (2)IFP |
antiterrorism-act civil-rights constitutional-rights criminal-procedure due-process federal-courts federal-review habeas-corpus standing state-court-review |
Question not identified. |
| 20-5737 |
Jesse Lewis v. United States |
Eleventh Circuit |
2020-09-17 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-trial due-process juror-misconduct jury-impartiality jury-selection religious-bias sex-trafficking sixth-amendment |
Whether, at petitioner's trial for sex trafficking—in which the government's case rested on evidence of the defendant's conduct as a procurer of prost… |
| 20-5738 |
Willie Hugh Washington v. United States |
Fifth Circuit |
2020-09-17 |
Denied |
Response WaivedIFP |
vacate the sentence and remand to the Fifth Circu 139-S-Ct-2369 certiorari constitutional-law criminal-procedure due-process fifth-circuit sentence-vacatur sentencing united-states-v-haymond |
L. Whether this Court should grant certiorari, vacate the sentence and remand to the Fifth Circuit for reconsideration in light of United States v. Ha… |
| 20-5740 |
Edward Mahan v. United States |
Fifth Circuit |
2020-09-17 |
Denied |
Response WaivedIFP |
18-USC-3553a appeal criminal-procedure downward-adjustment drug-offense due-process government-misconduct plea-agreement safety-valve sentencing sentencing-guidelines |
DID THE DISTRICT COURT ERR BY ALLOWING THE GOVERNMENT TO VIOLATE THE PLEA AGREEMENT?
DID THE DISTRICT COURT ERR BY DENYING MR. MAHAN'S OBJECTION TO T… |
| 20-5741 |
Juan Gabriel Sanchez-Hernandez v. United States |
Fifth Circuit |
2020-09-17 |
Denied |
Response WaivedIFP |
criminal-procedure due-process jury-trial recidivism sentencing Sixth-Amendment |
Should the Court overrule Almendarez- Torres v. United States , 523 U.S. 244 (1998)? |
| 20-5742 |
David Tachay Heard v. United States |
Eighth Circuit |
2020-09-17 |
Denied |
Relisted (3)IFP |
appellate-review criminal-procedure cross-racial-identification due-process eyewitness-identification federal-standard jury-instruction jury-instructions plain-error standard-of-review |
1. Should federal district courts be required to give a cautionary jury instruction, upon a defendant's request, to guide the jury's evaluation of eye… |
| 20-5746 |
Brandon Thomas Finnesy v. United States |
Tenth Circuit |
2020-09-17 |
Denied |
IFP |
28-usc-636 consent-jurisdiction criminal-procedure federal-courts federal-criminal-procedure guilty-plea judicial-consent magistrate-judge statutory-interpretation |
Whether 28 U.S.C. § 636(b)(3) authorizes a federal magistrate judge to accept a guilty plea with the parties' consent? |
| 20-5747 |
Ryan Nicholas Haynes v. United States |
Eighth Circuit |
2020-09-17 |
Denied |
Relisted (4)IFP |
4th-amendment civil-rights constitutional-rights criminal-procedure due-process law-enforcement passenger-rights passenger-search plain-error-review search-and-seizure traffic-stop |
(1) Whether a traffic stop of a bus for a minor traffic violation allows law enforcement to order all passengers off the bus to be searched?
(2) Whet… |
| 20-5706 |
Mark Berg v. United States |
Tenth Circuit |
2020-09-16 |
Denied |
Response WaivedIFP |
appellate-review circuit-split criminal-procedure evidence evidence-review legal-determination standard-of-review suppression-hearing suppression-ruling |
I. When reviewing a suppression ruling on appeal, should the appellate court view the evidence in the light most favorable to the prevailing party (as… |
| 20-5711 |
David Smith-Garcia, fka David Garwood Atwood, II v. United States |
Fifth Circuit |
2020-09-16 |
Denied |
Response WaivedIFP |
consecutive-sentences criminal-procedure fifth-circuit plain-error-review sentencing supervised-release |
1. Whether the district court erred by ordering two terms of imprisonment to run consecutive in the subject third supervised release revocation procee… |
| 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 |
1. Did the federal Fifth Circuit Court of Appeal "apply " the correct legal standard in accordance to Strickland's prejudicial prong when petitioners)… |
| 20-5715 |
Martin Rogelio Longoria v. United States |
Fifth Circuit |
2020-09-16 |
Denied |
Response RequestedResponse WaivedRelisted (3)IFP |
at sentencing may withhold a motion for a third-level reduction acceptance-of-responsibility circuit-split criminal-procedure government-discretion motion-to-suppress plea-bargaining sentencing-guidelines |
Whether the government, at sentencing, may withhold a motion for a third-level reduction for acceptance of responsibility under USSG § 3E1.1(b) on the… |
| 20-5720 |
Martin Garcia-Moreno v. United States |
Ninth Circuit |
2020-09-16 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure due-process elements-of-offense immigration-law jury-trial prior-conviction sentencing-factors sixth-amendment |
In Almendarez-Torres v. United States, 523 U.S. 224 (1998), the Court held that in a prosecution for 8 U.S.C. § 1326, the fact of a prior conviction n… |
| 20-5722 |
Stanley J. Carter v. Wendy Kelley, Director, Arkansas Department of Correction |
Eighth Circuit |
2020-09-16 |
Denied |
Response WaivedIFP |
14th-amendment constitutional-rights criminal-procedure due-process fourteenth-amendment liberty-interest speedy-trial state-law |
1. Does a Criminal defendant have a Fourteenth Amendment Constitutional Protection against the arbitrary deprivation by a state of one's State created… |
| 20-5727 |
Martez LaJuan Edwards v. United States |
Sixth Circuit |
2020-09-16 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure due-process evidence evidence-suppression fourth-amendment jury probable-cause search-and-seizure standing |
Question not identified. |
| 20-5728 |
Derrick A. Dotson v. Louisiana |
Louisiana |
2020-09-16 |
Denied |
Response RequestedResponse WaivedRelisted (3)IFP |
batson-challenge collateral-review criminal-procedure equal-protection jury-selection jury-trial ramos-retroactivity retroactivity sixth-amendment teague-standard |
Whether this Court's decision in Ramos v. Louisiana, 140 S. Ct. 1390
(2020) applies to cases on state collateral review, where the State follows the
r… |
| 20-354 |
In Re Lorcan Kilroy |
|
2020-09-16 |
Denied |
|
civil-rights criminal-obstruction criminal-procedure due-process federal-investigation judicial-review kamala-harris ninth-circuit political-bias standing |
Whether or not democrat political bias to protect Sen. Kamala Harris from exposure to criminal prosecution existed in USCA9 No. 19-55357, enough to wa… |
| 20-348 |
Gregory Shawn Mercer v. E. A. Vega |
Fourth Circuit |
2020-09-15 |
Denied |
Response WaivedRelisted (2) |
circuit-split criminal-law criminal-procedure due-process guarantee-clause jury-trial sentencing statutory-interpretation summary-judgment supreme-clause |
SCOTUS Rule 10(a) - Whether or not a Circuit Split has arisen between the Fourth Circuit and other Circuits over the interpretation of whether crimes … |
| 20-5700 |
Antonio Moss v. Florida |
Florida |
2020-09-15 |
Denied |
Response WaivedIFP |
administrative-law agency-regulations civil-rights constitutional-review criminal-procedure due-process equal-protection judicial-interpretation judicial-review sentencing statutory-construction |
Question not identified. |
| 20-5704 |
Leonard Borden v. United States |
Fifth Circuit |
2020-09-15 |
Denied |
Response WaivedIFP |
burden-of-proof co-conspirator-testimony criminal-procedure due-process factual-statements guideline-application preponderance-of-evidence presentence-report sentencing-guidelines sentencing-hearing |
does a defendant have an obligation to prove the facts in the PSR are inaccurate or untrue after the defendant objects to the factual statements and t… |
| 20-5708 |
Fagbemi Miranda v. Massachusetts |
Massachusetts |
2020-09-15 |
Denied |
Response WaivedIFP |
criminal-defense criminal-procedure defendant-rights fundamental-decision fundamental-decisions legal-representation right-to-counsel self-representation sixth-amendment trial-strategy |
Does the defendant's Sixth Amendment right to make fundamental decisions about his case include the right to choose which defense to present at trial? |
| 20-5709 |
Rickey Cole v. United States |
Fifth Circuit |
2020-09-15 |
Denied |
Response WaivedIFP |
and proven to a jury beyond a reasonable doubt? placed in the indictment burden-of-proof constitutional-law criminal-procedure due-process federal-sentencing grand-jury indictment jury-trial sentencing sentencing-guidelines |
I. Whether facts that affect the minimum or maximum reasonable federal sentence must be found by a grand jury, placed in the indictment, and proven to… |
| 20-5710 |
Jaime E. Coca-Ortiz v. United States |
Fifth Circuit |
2020-09-15 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure due-process indictment jury-trial prior-conviction prior-convictions sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 20-5691 |
In Re Freeman Berry |
|
2020-09-14 |
Denied |
IFP |
constitutional-violation criminal-procedure due-process guilty-plea indictment jurisdiction jurisdictional-authority plea-agreement |
the inherent right to bind this Petitioner and other Defendants to a guilty plea contract it drafted. Does the United States Government retain contain… |
| 20-5692 |
Johnathon Nico Wise v. United States |
Fifth Circuit |
2020-09-14 |
Denied |
Response WaivedIFP |
criminal-procedure error-preservation federal-rules-of-criminal-procedure fifth-circuit judgment-of-acquittal legal-motion preservation-of-error rule-29 standard-of-review sufficiency-of-evidence |
Whether specific grounds must be identified in a Rule 29 motion for judgment of acquittal to preserve error? |
| 20-5655 |
Casye Necole Richardson v. United States |
Fifth Circuit |
2020-09-11 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure criminal-sentencing due-process judicial-discretion sentencing sentencing-factors sentencing-review standard-of-review substantive-reasonableness |
Whether substantive reasonableness review necessarily encompasses some degree of reweighing the sentencing factors? |
| 20-5658 |
Martin Racioppi v. United States |
Third Circuit |
2020-09-11 |
Denied |
Response WaivedIFP |
categorical-approach criminal-law criminal-procedure divisibility divisible-statute mathis-standard mathis-v-united-states robbery-statute state-law-interpretation statutory-interpretation third-circuit |
Whether the Third Circuit's approach, in United States v. McCants, 952 F.3d 416 (3d Cir. 2020), to determining that New Jersey's second-degree robbery… |
| 20-5663 |
Anthony Thomas Buonaiuto, III v. Pennsylvania |
Pennsylvania |
2020-09-11 |
Denied |
IFP |
constitutional-law criminal-procedure due-process ex-post-facto jurisdictional-exception post-conviction-relief retroactive-applicability retroactivity sexual-offender-registration state-collateral-review substantive-rules |
Whether, Federal Law Renders the Supreme Court of Pennsylvania in Legal Error, where the Supreme Court of Pennsylvania Committed Legal Error by failin… |
| 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 |
1) IS THE ADMISSION OF IRRELEVANT OR OVERTLY PREJUDICIAL
EVIDENCE A DUE PROCESS VIOLATION?
(AND IS SUCH A VIOLATION SUFFICIENT TO ISSUE A WRIT OF
HABE… |
| 20-5666 |
Cristian Mendoza v. United States |
Fifth Circuit |
2020-09-11 |
Denied |
Response WaivedIFP |
acceptance-of-responsibility advisory-sentencing criminal-procedure due-process guilty-plea plea-agreement sentencing-guidelines sentencing-range |
1. A defendant who enters a guilty plea pursuant to a plea agreement that includes a purported inducement that he will receive an acceptance of respon… |
| 20-5674 |
In Re James Ward |
|
2020-09-11 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process ineffective-assistance missouri-v-frye plea-bargaining sentencing sixth-amendment strickland-standard strickland-v-washington |
Consistent with the holding in Strickland v. Washington, 466 U.S. 668 (1984), which held that to prove prejudice on a claim of ineffective assistance … |
| 20-5676 |
Leon Venegas, Jr. v. Randee Rewerts, Warden |
Sixth Circuit |
2020-09-11 |
Denied |
Response WaivedIFP |
constitutional-right criminal-procedure due-process effective-assistance-of-counsel exculpatory-evidence faretta-inquiry ineffective-assistance jury-selection self-representation timely-request |
I. DOES A STATE TRIAL COURT DEPRIVE A CRIMINAL DEFENDANT OF HIS/HER CONSTITUTIONAL RIGHT TO SELF REPRESENTION WHEN THEY DENY THE DEFENDANTS UNEQUIVOCA… |
| 20-326 |
Mitchell J. Stein v. United States |
Eleventh Circuit |
2020-09-11 |
Denied |
Amici (2) |
constitutional-rights criminal-procedure criminal-prosecution discovery due-process exculpatory-evidence false-testimony government-misconduct prosecutorial-misconduct |
Whether the Due Process Clause excuses the government's knowing use of false testimony in a criminal prosecution so long as the government divulged ev… |
| 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… |
| 20-5636 |
Miguel Figueroa v. United States |
Second Circuit |
2020-09-10 |
Denied |
Response WaivedIFP |
criminal-conviction criminal-procedure due-process federal-jurisdiction gun-statute plea-bargaining plea-colloquy predicate-offense sentencing sentencing-enhancement statutory-interpretation |
Whether a defendant's statement during a plea colloquy admitting conduct that could serve as a predicate for a conviction for use of a gun under 18 U.… |
| 20-5650 |
Carlos Cruz-Rivera v. United States |
First Circuit |
2020-09-10 |
Denied |
Response WaivedIFP |
criminal-law criminal-procedure firearms firearms-conviction first-step-act judicial-review retroactivity sentencing sentencing-enhancement statutory-interpretation |
Whether 18 U.S.C. § 924(c)(1)(C), which as clarified and as amended by
the First Step Act of 2018, precludes aggravated punishment for
second firearms… |
| 20-5651 |
Christopher R. Gish v. Randall Hepp, Warden |
Seventh Circuit |
2020-09-10 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure hill-v-lockhart immigration immigration-consequences ineffective-assistance ineffective-assistance-of-counsel lee-v-united-states plea-bargaining prejudice-standard |
In Lee v. United States , __ U.S. __, 137 S. Ct. 1958, 1965 (2017), this Court held that in assessing whether a defense attorney's deficient advice th… |
| 20-5652 |
Daniel L. Lopez v. United States |
Eighth Circuit |
2020-09-10 |
Denied |
Response WaivedIFP |
28-usc-2255 circuit-split criminal-procedure federal-habeas-corpus habeas-corpus johnson-v-united-states motion-to-vacate sentencing statute-of-limitations |
Whether Lopez's 28 USC Section 2255(a) Motion was timely filed under Johnson v United States, 135 S. Ct. 2551 (2015) as there is a split between the 8… |
| 20-5653 |
Hermenegildo Margarito Espinoza Espinoza v. United States |
Fifth Circuit |
2020-09-10 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-conviction sentencing statutory-maximum |
1) Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and eith… |
| 20-5656 |
Priscilla Ann Ellis v. United States |
Eleventh Circuit |
2020-09-10 |
Denied |
Response WaivedIFP |
criminal-conspiracy criminal-procedure district-prosecution due-process jurisdiction jurisdictional-challenge overt-act venue venue-requirement |
In a criminal conspiracy case, does proof of venue require that at least one defendant charged in the case have participated in an overt act in furthe… |
| 20-5620 |
Ivan Soto-Barraza and Jesus Lionel Sanchez-Meza v. United States |
Ninth Circuit |
2020-09-09 |
Denied |
Response WaivedIFP |
consent conspiracy constructive-amendment criminal-procedure extortion hobbs-act jury-instructions robbery |
The Hobbs Act defines extortion, in relevant part, as requiring the wrongful use of violence or fear in order to induce a person to consent to part wi… |
| 20-5622 |
Larry E. Starks, Jr. v. United States District Court for the Central District of Illinois |
Seventh Circuit |
2020-09-09 |
Denied |
Response WaivedIFP |
career-offender constitutional-rights criminal-procedure fifth-amendment judicial-discretion sentencing sentencing-enhancement statutory-interpretation tenth-amendment |
A. WHETHER THE COURT OF APPEALS FOR THE SEVENTH CIRCUIT ERRED AND ABUSED ITS DISCRETION BY
TERMINATING THE INQUIRY AS TO WHETHER THE PETITIONER MET TH… |
| 20-5623 |
Maksim Stefanyuk v. United States |
Eighth Circuit |
2020-09-09 |
Denied |
Response WaivedRelisted (2)IFP |
brady-rule criminal-procedure due-process evidence evidence-destruction exculpatory-evidence government-misconduct spoliation trial-rights |
When a defendant in Federal Criminal Court proceedings requests to review, prior to trial, the evidence that is in the government's possession that is… |
| 20-5626 |
Monte Whitehead v. New Mexico |
New Mexico |
2020-09-09 |
Denied |
IFP |
bill-of-rights constitutional-rights criminal-procedure double-jeopardy due-process ineffective-counsel plea-agreement plea-bargaining state-vs-federal-law |
New Mexice's anti-waiver statute void? If so!
2. I's the decision by the New Mexico District Court contory te New Mexico's anti-wai ver statute and t… |
| 20-5631 |
Riggin Valley v. Texas |
Texas |
2020-09-09 |
Denied |
IFP |
civil-rights criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel prosecutorial-misconduct |
Question not identified. |
| 20-5632 |
Rick Shawn v. Eighth Judicial District Court of Nevada, Clark County |
Nevada |
2020-09-09 |
Denied |
Relisted (2)IFP |
criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel post-conviction-relief right-to-a-fair-trial |
1. When lawenfoccement ar state presecutors violate guaranteed rights afa criminal defendant and a couct when the staite moves to withdraw the case -w… |
| 20-5639 |
TJ Cain, aka Thomas J. Cain v. United States |
Tenth Circuit |
2020-09-09 |
Denied |
IFP |
appellate-review circuit-split criminal-procedure federal-rules federal-rules-of-criminal-procedure involuntary-confession miranda-rights plain-error pretrial-motion suppression-of-evidence |
When a criminal defendant does not timely file a pretrial motion raising a claim covered by Federal Rule of Criminal Procedure 12(b)(8), is his claim … |
| 20-5642 |
Christopher Wooten v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2020-09-09 |
Denied |
IFP |
civil-rights criminal-procedure due-process felony plea-bargaining sentencing |
Review Imilotel useof PRIA
FHLaN To
APPOINT COUNSE AND DEFENDANT
W9 YerTEMED To JHL.49.09 DWI ENHMNT.
TEKAh. "ON-CONSTITOTIONA/
7h
UTATE
of
GTRTuT, Pe… |
| 20-302 |
Steven Dotson v. United States |
Seventh Circuit |
2020-09-09 |
Denied |
Response WaivedRelisted (3) |
armed-career-criminal-act collateral-review criminal-procedure due-process judicial-review predicate-convictions sentencing-enhancement statutory-interpretation substitute-predicate-convictions |
If a defendant successfully challenges on collateral review one or more of the predicate convictions that the district court relied on to impose a sen… |
| 20-306 |
Robert Olan and Theodore Huber v. United States |
Second Circuit |
2020-09-09 |
GVR |
Amici (2) |
conversion criminal-procedure dirks-v-sec fraud fraud-statute government-regulation insider-trading personal-benefit property-rights securities-law |
1. Whether information about a proposed government regulation is "property" or a "thing of value" belonging to a federal, state, or local regulator su… |
| 20-294 |
Lamont Kortez Gaines v. United States |
Fourth Circuit |
2020-09-08 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
circuit-split crime-of-violence criminal-procedure due-process equipoise evidence evidence-standard hobbs-act motion-for-acquittal standard-of-review statutory-interpretation |
1. Whether a trial court must grant a motion for acquittal when, in viewing the evidence in the light most favorable to the prosecution, the evidence … |
| 20-5605 |
In Re Eric Wallace Koehl |
|
2020-09-08 |
Denied |
Relisted (2)IFP |
6th-amendment civil-rights compulsory-process criminal-procedure due-process effective-assistance-of-counsel ineffective-assistance-of-counsel public-trial racial-bias sixth-amendment |
# 1.2) Does Not A CRIMiNAl defend any have A Const TvTien AL RIGHT 9 A Poblic RAR VRAL UNDER GTR AMEND MONT To THe Wwiten STaTes Constitvhen %
# Q) a… |
| 20-5606 |
Keith A. Brown v. Alberto Ramirez |
Ninth Circuit |
2020-09-08 |
Denied |
Response WaivedIFP |
burden-of-proof certificate-of-appealability constitutional-rights criminal-procedure due-process evidence-suppression fourth-amendment incompetent-defendant motion-to-suppress suppression-of-evidence |
During a hearingr.ori: a Motion to Suppress Evidence, when
the State fails to carry it's burden of proof, is the
remedy suppression of the evidence?… |
| 20-5607 |
In Re Billie J. Allen |
|
2020-09-08 |
Denied |
IFP |
criminal-procedure dna-evidence due-process ineffective-assistance-of-counsel newly-discovered-evidence post-conviction-relief |
1. Whether it is unconstitutional for defense counsel to admit an accused's guilt to the jury over the accused's express objection? |
| 20-5610 |
Eric J. Brown v. Louisiana |
Louisiana |
2020-09-08 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
criminal-procedure direct-appeal jury-unanimity juvenile-offenders retroactivity sentencing |
Under Griffith v. Kentucky, new rules apply to all defendants whose cases are "pending on direct review or not yet final." Petitioner was convicted in… |
| 20-5612 |
Anthony Roy Brown v. United States |
Fifth Circuit |
2020-09-08 |
Denied |
Response WaivedIFP |
4th-amendment charging-instrument criminal-procedure due-process felony-sentencing intervening-arrest prior-sentences same-charging-instrument sentencing-guidelines |
Is the Court prohibited from calculating a sentences which were imposed on the same day or in the same charging instrument as separate sentences in ac… |
| 20-5616 |
Zachary Knotts v. West Virginia |
West Virginia |
2020-09-08 |
Denied |
Response WaivedIFP |
bench-trial competency-hearing constitutional-rights criminal-procedure double-jeopardy due-process indictment-disposition mental-competency proof-standard trial-jurisdiction |
If a defendant is indicted and found not competent to stand trial, is the court obligated to write a final order disposing of the case when the court … |
| 20-5603 |
Michael A. Glover v. Pennsylvania |
Pennsylvania |
2020-09-08 |
Denied |
Response WaivedIFP |
14th-amendment 5th-amendment amendment-violation constitutional-rights criminal-procedure due-process equal-protection evidence-sufficiency reasonable-doubt sufficiency-of-evidence |
I. DID THE PENNSYLVANIA STATE COURTS VIOLATE THE PETITIONER'S
5TH & 14TH AMENDMENT OF THE UNITED STATES CONSTITUTION WHEN
THEY FOUND THE PETITIONER … |
| 20-5604 |
Atorbe Aaron Isibor v. United States |
Ninth Circuit |
2020-09-08 |
Denied |
Response WaivedIFP |
appellate-review burden-of-proof criminal-procedure federal-rules forfeiture olano venue venue-insufficiency waiver waiver-doctrine |
Under this Court's decision in United States v. Olano, 507 U.S. 725 (1993), does a defendant who argues for the first time on appeal that the governme… |
| 20-5598 |
Gary Richardson v. Colorado |
Colorado |
2020-09-04 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
criminal-procedure criminal-trial due-process family-member impartial-jury jury-selection sixth-amendment structural-error |
Whether a trial judge commits structural error violating a defendant's Sixth Amendment and due process rights to an impartial and independent jury by … |
| 20-5560 |
Briand Daniel Fechner v. United States |
Eighth Circuit |
2020-09-03 |
Denied |
Response WaivedIFP |
child-pornography criminal-procedure due-process eighth-circuit evidence evidentiary-rules propensity-evidence prosecutorial-misconduct search-and-seizure sixth-circuit |
(1) Whether the prosecution may introduce child pornography videos at trial that were not found on the defendant's devices, but found in an outside in… |
| 20-5568 |
Alex Alberto Castro v. United States |
Sixth Circuit |
2020-09-03 |
Denied |
Response WaivedIFP |
4th-amendment appellate-review criminal-procedure evidence-law exclusionary-rule fourth-amendment motion-to-suppress search-and-seizure suppression-of-evidence wiretap-suppression wiretaps |
Whether the Court of Appeals erred in affirming the District Court's Order denying the defense motion to suppress wiretaps. |
| 20-5569 |
Carlos Garcia-Toro v. Ohio |
Ohio |
2020-09-03 |
Denied |
Response WaivedIFP |
conflict-of-interest criminal-defense criminal-procedure fourteenth-amendment homicide ineffective-assistance right-to-counsel sixth-amendment |
Does the Sixth and Fourteenth Amendment of the federal Constitution guarantee the right to conflict free counsel if defense counsel represents multipl… |
| 20-5580 |
Kyle Phillips v. Florida |
Florida |
2020-09-03 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-trial due-process due-process-clause evidence-law evidentiary-rules fourteenth-amendment prior-act-evidence sexual-battery |
Whether it is a violation of the due process guaranteed by the Fourteenth Amendment for irrelevant prior-act evidence to be received in a criminal tri… |
| 20-5586 |
Jose Zamudio-Silva v. United States |
Ninth Circuit |
2020-09-03 |
Denied |
Response WaivedIFP |
appellate-review circuit-split criminal-procedure federal-sentencing sentencing-departures sentencing-guidelines substantive-reasonableness |
When considering guidelines rulings, should appellate courts review the decision to depart from the guideline range in the same way as other guideline… |
| 20-5571 |
Angel C. Pacheco v. Maine |
Maine |
2020-09-02 |
Denied |
Response WaivedIFP |
any-persons-present collective-searches criminal-procedure drug-trafficking fourth-amendment probable-cause search-warrant warrant-standard |
(1) Whether, to obtain a search warrant authorizing the search of "any," "all" or "unknown" persons likely to be found at a residence believed to be u… |
| 20-5577 |
Malik Timbers v. United States |
Eleventh Circuit |
2020-09-02 |
Denied |
Response WaivedIFP |
appeal-waiver criminal-procedure due-process guilty-plea minor-role-reduction plea-bargaining sentence-appeal-waiver sentencing sentencing-guidelines violence-enhancement weapon-enhancement |
I.
WHETHER CERTIORARI REVIEW SHOULD BE GRANTED
WHERE THE ELEVENTH CIRCUIT ERRED IN FINDING THAT
TIMBERS' GUILTY PLEA WAS VOLUNTARY AND THE
SENTENCE-AP… |
| 20-5578 |
Steven Gerard Walker v. United States |
Ninth Circuit |
2020-09-02 |
Denied |
IFP |
armed-career-criminal-act criminal-procedure federal-state-courts felon-in-possession mens-rea preponderance-of-evidence sentencing sentencing-enhancement violent-felony |
1) Whether a sentencing judge can find facts in the first instance about whether
a defendant committed offenses on different occasions by a prepondera… |
| 20-5579 |
Israel Torres v. United States |
Ninth Circuit |
2020-09-02 |
Denied |
Amici (1)IFP |
as-applied-challenge constitutional-rights criminal-procedure criminal-prosecution due-process felon-in-possession firearm-possession second-amendment standing |
May an individual charged with violating a law barring the possession of firearms by felons bring an as-applied Second Amendment challenge to his pros… |
| 20-272 |
Maryland, et al. v. Jimmie Rogers |
Maryland |
2020-09-02 |
Denied |
Response Waived |
constitutional-interpretation criminal-procedure due-process fourteenth-amendment sentencing sex-offender-registration sixth-amendment |
Did the Court of Appeals of Maryland depart from this Court's decisions in Smith v. Doe and Apprendi v. New Jersey in holding, contrary to the decisio… |
| 20-251 |
Willie Gipson v. Louisiana |
Louisiana |
2020-09-01 |
Dismissed |
Response RequestedResponse WaivedRelisted (2) |
constitutional-rule criminal-procedure due-process judicial-precedent Ramos-retroactivity Ramos-v-Louisiana retroactivity state-collateral-review Teague-framework Teague-v-Lane |
Whether this Court's decision in Ramos v. Louisiana, 140 S. Ct. 1390 (2020), applies to cases on state collateral review, where the State follows the … |
| 20-254 |
Kuang-Bao Ou-Young v. John G. Roberts, Jr., Chief Justice, Supreme Court of the United States, et al. |
Fourth Circuit |
2020-09-01 |
Denied |
Response WaivedRelisted (3) |
civil-rights competence-restoration criminal-action criminal-procedure district-court due-process federal-tort-claims-act habeas-corpus judicial-procedure standing |
1. Should a three-judge court instead of a single judge at the North Carolina district court adjudge the FTCA case?
2. Does denial of certiorari just… |
| 20-256 |
Zavian Munize Jordan v. United States |
Fourth Circuit |
2020-09-01 |
Denied |
Amici (2) |
18-usc-924c circuit-split criminal-procedure criminal-statute drug-trafficking firearm-possession predicate-crime statutory-interpretation violent-crime |
Under 18 U.S.C. § 924(c)(1), "any person who, during and in relation to any crime of violence or drug trafficking crime * ** uses or carries a firearm… |
| 20-5543 |
Javier Galindo-Caballero v. United States |
Fifth Circuit |
2020-09-01 |
Denied |
Response WaivedIFP |
case-review constitutional-law criminal-procedure due-process fifth-circuit judicial-procedure legal-precedent sentencing sixth-amendment supreme-court supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 20-5551 |
Ohio, ex rel. Jeremy Kerr v. Robert Pollex, et al. |
Ohio |
2020-09-01 |
Denied |
Response WaivedIFP |
14th-amendment constitutional-challenge criminal-conviction criminal-procedure due-process evidentiary-sufficiency jurisdiction state-court state-court-judgment subject-matter-jurisdiction sufficiency-of-evidence |
Does a state court's judgment of conviction violate the 14th Amendment to the United States Constitution when the record of the case is wholly devoid … |
| 20-5555 |
Franklin C. Edwards v. Illinois |
Illinois |
2020-09-01 |
Denied |
Response WaivedIFP |
4th-amendment civil-rights criminal-procedure fourth-amendment investigatory-stop kansas-v-glover law-enforcement probable-cause reasonable-suspicion traffic-stop vehicle-search |
Duri ng the early morni ng hours, a shooti ng took place in a parking lot of an
apartment compl ex. The crime scene was large. There were a lot of she… |
| 20-5458 |
Fidel Alain Martin-Sosa v. United States |
Fifth Circuit |
2020-08-28 |
Denied |
Response WaivedIFP |
appellate-review clear-error criminal-procedure criminal-sentencing drug-conspiracy methamphetamine mitigating-role role-adjustment sentencing-guidelines standard-of-review |
A district court's guidelines calculations are reviewed for clear error. Did the court of appeals err in holding that the district court's guidelines … |
| 20-5463 |
Rowmoto Rogers v. Gregory Skipper, Warden |
Sixth Circuit |
2020-08-28 |
Denied |
Response WaivedIFP |
closing-arguments constitutional-rights criminal-procedure due-process prosecutorial-misconduct trial-procedure witness-credibility |
WHETHER THE PROSECUTOR WAS IMPROPERLY ALLOWED TO VOUCH FOR THE CREDIBILITY OF HIS STAR WITNESS DURING CLOSING ARGUMENTS, DENYING VARIOUS CONSTITUTIONA… |
| 20-5497 |
Marcus Simpson v. Court of Common Pleas of Ohio, Hamilton County, et al. |
Ohio |
2020-08-26 |
Dismissed |
Response WaivedRelisted (2)IFP |
abuse-of-discretion civil-rights criminal-procedure due-process judicial-usurpation mandamus perjury wrongful-conviction |
Whether perjury has amounted to and causes one or both. The judicial usurpation of power or abuse of discretion by the trial court, therefore mandamus… |
| 20-5498 |
John Silvia, Jr. v. United States |
First Circuit |
2020-08-26 |
Denied |
Response WaivedIFP |
attorney-performance client-representation criminal-procedure discovery evidence-preservation exculpatory-evidence expert-consultation expert-witness ineffective-assistance ineffective-assistance-of-counsel subpoena witness-interview |
This case raises the question of whether an attorney can be found to
have rendered effective assistance of counsel where he failed to review a
signifi… |
| 20-5499 |
Savannah Rolle v. United States |
Eleventh Circuit |
2020-08-26 |
Denied |
Relisted (3)IFP |
criminal-procedure due-process essential-elements guilty-plea plea-bargaining rehaif-precedent rehaif-v-united-states vacatur |
Whether a defendant's guilty plea entered before Rehaif v. United States, 139 S. Ct. 2191 (2020), in which the defendant was not advised of the essent… |
| 20-5505 |
Keith O. Johnson v. Florida |
Florida |
2020-08-26 |
Denied |
Response WaivedIFP |
competency competency-hearing constitutional-rights criminal-procedure due-process fifth-amendment fourteenth-amendment fundamental-error mental-health |
CAN, a Defendant pursuant to Florida Rules of Criminal Procedure § 3.210
be proceeded against in a criminal proceeding where a question of Defendant '… |
| 20-5506 |
Rodolfo Lopez, Jr. v. Indiana |
Indiana |
2020-08-26 |
Denied |
Response WaivedIFP |
bill-of-rights constitutional-rights criminal-procedure due-process indiana-criminal-rule-4 indiana-law sixth-amendment speedy-trial |
I. DID THE TRIAL COURT VIOLATE M. LOPEZ'S RIGHT TO A SPEEDY TRIAL UNDER U.S. CONSTITUTION SIXTH AMENDMENT BILL OF RIGHTS RECOGNIZED BY THE STATE OF IN… |
| 20-5507 |
Laci Landers v. United States |
Fifth Circuit |
2020-08-26 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure discretionary-review drug-offense guidelines judicial-review reasonableness reasonableness-standard revocation-sentence sentencing sentencing-guidelines totality-of-circumstances |
Whether the decision of the United States Court of Appeals for the Fifth Circuit ("Fifth Circuit") has so far departed from the accepted and usual cou… |
| 20-5519 |
Richard Wanke v. Illinois |
Illinois |
2020-08-26 |
Denied |
Response WaivedRelisted (2)IFP |
arrest arrest-initiation conflict-of-interest constitutional-rights criminal-procedure due-process prosecution prosecutorial-delay public-defender speedy-trial |
APPELLATE DISTRICT COURTS IN ILLINOIS ARE SPLIT ON HOW AN ARREST INITIATES PROSECUTION OR WHETHER IT DOES AT ALL. ARE THERE CIRCUMSTANCES WHERE A PERS… |
| 20-5465 |
In Re Francisco Felix |
|
2020-08-25 |
Denied |
Response WaivedIFP |
28-usc-3231 actual-innocence cause-and-prejudice constitutional-violations criminal-procedure ineffective-assistance-of-counsel jury-instructions procedural-default subject-matter-jurisdiction |
(1)
WHETHER THE GOVERNMENT'S UNAVAILING DEFENSE OF THE INDEFENSIBLE, WITH RESPECT TO THE
INDICTMENT, INADEQUATE JURY INSTRUCTIONS, AND THE CONSTRUCTI… |
| 20-5477 |
Elvis Henry Idada v. United States |
Ninth Circuit |
2020-08-25 |
Denied |
Response WaivedIFP |
access-to-justice constitutional-deprivation criminal-procedure defendants-rights discovery discovery-restrictions due-process government-limitations government-misconduct judicial-review sixth-amendment |
Should This Court Address the Sixth Amendment Deprivations Created by the Government's Pervasive Restrictions on Defendants' Access to Discovery? |
| 20-5478 |
Fernando Hernandez v. United States |
First Circuit |
2020-08-25 |
Denied |
Response WaivedIFP |
abuse-of-discretion criminal-procedure discretion domestic-violence drug-trafficking due-process sentencing sentencing-discretion |
Was Hernandez ' due process rights violated when the district court abused
its discretion in relying on Hernandez ' domestic violence past in sentenc… |
| 20-5479 |
Santos Mondragon Benitez v. United States |
Fifth Circuit |
2020-08-25 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-indictment criminal-procedure defendant-rights due-process jury-determination jury-trial prior-conviction sentencing statutory-maximum |
Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 20-5490 |
William James Payton v. United States |
Fifth Circuit |
2020-08-25 |
Denied |
Response WaivedIFP |
3583(d)(2) criminal-procedure home-visit home-visits liberty-deprivation probation-officer statutory-interpretation statutory-purposes supervised-release |
1) Is a standard condition of supervised release which requires a
person to "permit a probation officer to visit [him] at any time athome or elsewhere… |
| 20-5494 |
Ernest Ray Snow v. Indiana |
Indiana |
2020-08-25 |
Denied |
Response WaivedIFP |
4th-amendment appellate-review criminal-procedure evidence-suppression exclusionary-rule fourth-amendment good-faith-exception search-warrant standard-of-review |
Does United State v. Leon, 468 U.S. 897 (1984), permit an appellate standard of review that requires an appellant to raise and rebut the applicability… |
| 20-5395 |
Marcus Tyler Sheffield v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2020-08-24 |
Denied |
IFP |
5th-amendment criminal-procedure custodial-interrogation due-process miranda-rights police-questioning reasonable-person reasonable-person-standard self-incrimination |
Whether the police detective's assurance to Sheffield that he is free to leave on the condition that he make a truthful statement would lead a reasona… |
| 20-5453 |
Jose Luis Sanchez-Rosado v. United States |
Eleventh Circuit |
2020-08-24 |
Denied |
Relisted (3)IFP |
appellate-review circuit-split constitutional-error criminal-conviction criminal-procedure due-process fourth-circuit harmless-error involuntary-plea plea-bargaining plea-colloquy standard-of-review |
Whether an unconstitutional conviction based on a plea colloquy that omitted an element of the offense must be reversed where the defendant objected t… |
| 20-5454 |
Mark Shields v. R. C. Smith, Warden, et al. |
Tenth Circuit |
2020-08-24 |
Denied |
IFP |
civil-rights criminal-procedure due-process ex-post-facto judicial-individualization parole parole-considerations sentencing sentencing-rights stage-1-calculation standing takings |
F Whhe specifeS.7-1steE Reveinnane
Consider a actuall produ of a Mandted litial Individulized Parle Considerdon
heingo R
ab a ubsuenb ProlCnsloheaing… |
| 20-5468 |
Corey Manning v. Michigan |
Michigan |
2020-08-24 |
Denied |
IFP |
competency-hearing competency-to-stand-trial constitutional-rights criminal-procedure critical-stages due-process fair-trial judicial-procedure right-to-be-present supreme-court-precedent trial-presence |
1.) WHETHER DEFENDANT-APPELLANT WAS DENIED HIS CONSTITUTIONAL RIGHT TO BE PRESENT AT ALL CRITICAL STAGES OF TRIAL WHERE HE WAS INTENTIONALLY NOT SUMMO… |
| 20-5472 |
Henry Dailey v. United States |
Eighth Circuit |
2020-08-24 |
Denied |
Response WaivedIFP |
civil-rights constitutional-authority criminal-procedure due-process federal-law jurisdictional-challenge restitution sentencing state-law statutory-interpretation |
The State of Missouri has a Statute that criminalizes the transfer of dee. Custody or @acontcol of ANY Corin +o aNatrer, or ko another place, when the… |
| 20-5473 |
Andres Chavez v. United States |
Fifth Circuit |
2020-08-24 |
Denied |
Response WaivedIFP |
criminal-procedure due-process guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargaining sentencing |
I. WHETHER CHAVEZ WAS DENIED DUE PROCESS WHEN HE WAS MISLEAD INTO ENTERING A GUILTY PLEA; BECAUSE COUNSEL FAILED TO REVIEW THE PSR WITH HIM AND FAILED… |
| 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 |
Question not identified. |
| 20-5440 |
Jose Tejada v. Massachusetts |
Massachusetts |
2020-08-21 |
Denied |
Response WaivedIFP |
criminal-procedure due-process equal-protection ethnic-bias fourteenth-amendment jury-selection sixth-amendment |
1. Whether the right to a fair trial by an impartial jury under the Sixth and Fourteenth Amendments requires a trial judge, during jury selection and … |
| 20-5445 |
Jelani Walker v. Ed Sheldon, Warden |
Sixth Circuit |
2020-08-21 |
Denied |
Response WaivedIFP |
criminal-procedure due-process federal-courts federal-review habeas-corpus judicial-procedure merits-ruling procedural-default prosecutorial-misconduct sanctions state-court state-courts |
defense cause prejudice } due to inadequate nofice? If so, is it bad favth -for
a conscious prosecutor to seeK this outcome?
Does a Federal Court's,… |
| 20-5447 |
John David Wilson, Jr. v. Florida |
Florida |
2020-08-21 |
Denied |
Response WaivedIFP |
civil-rights constitutional-law criminal-procedure due-process government-misconduct speedy-trial |
DOES A PROPEPL FUEO DE MAND SPEEDY FOr TRAL AOPUIES TO A STATE PRISON,HEUD WITHOUT BAIL IN A UNTH JAIL , APPUES TO E STATE STATE PRIsoMee. |
| 20-5405 |
Jaroderick Hardy v. United States |
Eleventh Circuit |
2020-08-20 |
Denied |
Response WaivedIFP |
criminal-procedure fourth-amendment high-crime-area investigative-stop law-enforcement probable-cause proximity reasonable-suspicion terry-stop |
Pursuant to Terry v. Ohio, 392 U.S. 1, 22 (1968) and its progeny, law enforcement officers may conduct a brief, investigative stop when, under the tot… |
| 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 |
I.
WAS DEFENSE COUNSEL INEFFECTIVE FOR
CONSENTING TO THE PROSECUTOR'S EXTREMELY
UNTIMELY REQUEST FOR A DNA SAMPLE —A MOVE
THAT THE APPELLATE DIVISI… |
| 20-5426 |
David Moss v. Texas |
Texas |
2020-08-20 |
Denied |
IFP |
civil-rights criminal-procedure due-process habeas-corpus ineffective-assistance retroactive-application retroactivity strickland-standard strickland-v-washington texas-code-of-criminal-procedure |
AState Court of last resort decided an- important question of law
in a way that conflicts with relevant decisions of this court.
This court decided L… |
| 20-5427 |
Josiah Daniel Porter v. Illinois |
Illinois |
2020-08-20 |
Denied |
Response WaivedIFP |
criminal-procedure due-process effective-assistance-of-counsel guilty-plea ineffective-assistance-of-counsel judicial-cure plea-bargaining plea-stage sixth-amendment |
Whether a but-for causal relationship between the defendant's guilty plea and his counsel's deficiency is nullified by judicial plea admonitions addre… |
| 20-5428 |
Jose Ricardo Morales-Mercado v. United States |
Fifth Circuit |
2020-08-20 |
Denied |
Response WaivedIFP |
almendarez-torres apprendi criminal-procedure due-process sentencing supreme-court |
Whether this Court should consider the continuing validity of Almendarez- Torres v. United States, 523 U.S. 244 (1998) , in light of the reasoning of … |
| 20-5429 |
Derrick T. Neville, Jr. v. United States |
Seventh Circuit |
2020-08-20 |
Denied |
Response WaivedIFP |
alleyne apprendi criminal-procedure jury-trial sentencing sixth-amendment |
approacl does not apply to the texn "serious drvg
sffense pursuant to 92yle)(2lA)i). Tne tevm "requires an ly
that the state offsuse inuolue thecondu… |
| 20-5432 |
Michael James Barnes v. United States |
Fifth Circuit |
2020-08-20 |
Denied |
Response WaivedIFP |
criminal-procedure district-court fifth-circuit habeas-corpus johnson-ruling johnson-v-united-states plea-agreement plea-bargaining post-conviction-relief post-conviction-waiver section-2255-petition sentencing |
Whether the district court and the Fifth Circuit Court of Appeals erred by finding that the post-conviction waiver in Mr. Barnes' Plea Agreement bars … |
| 20-5436 |
Christy Santiago v. United States |
Fourth Circuit |
2020-08-20 |
Denied |
Response WaivedIFP |
acquitted-conduct constitutional-rights criminal-procedure criminal-sentencing due-process jury-trial sentencing-guidelines sixth-amendment |
Does the Sixth Amendment's right to a jury trial prohibit courts from using acquitted conduct to vary significantly upward from a Sentencing Guideline… |
| 20-5437 |
Wendell Taylor v. United States |
Fifth Circuit |
2020-08-20 |
Denied |
Response WaivedIFP |
criminal-procedure district-court fifth-circuit habeas-corpus johnson-ruling johnson-v-united-states plea-agreement plea-bargaining post-conviction-waiver section-2255-petition sentencing |
Whether the district court and the Fifth Circuit Court of Appeals erred by finding that the post-conviction waiver in Mr. Taylor's Plea Agreement bars… |
| 20-5403 |
Dimarzio Swade Sanchez v. United States |
Ninth Circuit |
2020-08-19 |
Denied |
Response WaivedIFP |
aiding-and-abetting criminal-procedure due-process first-degree-murder jury-instruction jury-instructions mandatory-life-imprisonment sixth-amendment |
The government convicted Dimarzio Swade Sanchez of aiding and abetting in first degree murder, and he was sentenced to a mandatory life imprisonment. … |
| 20-5404 |
Jermaine Isaac Ross v. United States |
Eleventh Circuit |
2020-08-19 |
Denied |
Relisted (3)IFP |
armed-career-criminal-act criminal-procedure due-process guilty-plea non-elemental-facts prior-offenses rehaif-v-united-states sentencing-enhancement serious-drug-offense |
1. Whether a federal court may increase a defendant's sentence under the Armed Career Criminal Act (ACCA) by relying on its own finding about non-elem… |
| 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 |
1. Should the Court should grant certiorari in order to consider whether this
Court's jurisprudence concerning the admission of statements against int… |
| 20-5408 |
Robert Richard Jodoin v. United States |
Eleventh Circuit |
2020-08-19 |
Denied |
Response WaivedIFP |
criminal-law criminal-procedure drug-offense due-process eighth-amendment federal-sentencing military-veteran non-violent-offense reasonableness-review sentencing sentencing-guidelines veteran-status |
WHETHER A ONE HUNDRED THIRTY MONTH PRISON SENTENCE FOR A NON-VIOLENT, DRUG DEALING, FIFTY (50) YEAR OLD, MILITARY VETERAN IS UNREASONABLE. |
| 20-5413 |
Josiah English v. Jo Lynn Gentry, Judge, Superior Court of Arizona, Maricopa County, et al. |
Arizona |
2020-08-19 |
Denied |
Response WaivedIFP |
civil-rights constitutional-violation criminal-procedure due-process equal-protection federal-court federal-courts judicial-discretion standing state-courts |
Did the Arizona Supreme Court err by denying Petition For Review and Request For A Stay of Proceedings in disregard of the fact that ongoing parallel … |
| 20-5415 |
Gillman Roddy Long, aka Dave Gillman Long v. United States |
Eighth Circuit |
2020-08-19 |
Denied |
Response WaivedIFP |
5th-amendment appeal-review civil-rights criminal-procedure due-process evidence fifth-amendment habeas-corpus self-incrimination sixth-amendment |
1. Does an objection to the governments arguement that a defendant."had not denied the accusations against him." violate the fifth Amendment?
2. Does… |
| 20-5417 |
Rasheed Lamar Robinson v. United States |
Eleventh Circuit |
2020-08-19 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
certificate-of-appealability criminal-procedure due-process eighth-amendment federal-habeas-corpus felony-convictions national-importance retroactive-sentencing |
Whether Petitioner's enhanced sentence based on a retroactively erased felony violates Due Process of Law, and the denial of a Certificate of Appealab… |
| 20-5418 |
Danny Veloz, aka Maestro, aka Joil Rivera v. United States |
First Circuit |
2020-08-19 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure due-process evidence evidence-review franks-hearing franks-v-delaware judicial-discretion probable-cause search-and-seizure search-warrant |
Whose evidence is a trial judge allowed to consider in making the threshold determination that a defendant has made a substantial preliminary Franks s… |
| 20-5419 |
Michael D. Dyer v. Aimee Smith, Warden, et al. |
Georgia |
2020-08-19 |
Denied |
IFP |
civil-rights criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel ineffective-counsel plea-agreement plea-bargaining prosecutorial-misconduct right-to-counsel |
Question not identified. |
| 20-5421 |
Doved Ben Downer v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2020-08-19 |
Denied |
Response WaivedIFP |
charging-document criminal-law criminal-procedure double-jeopardy drug-possession due-process information-charging legal-sufficiency racketeering statutory-interpretation |
1. IS SIMPLE POSSESSION UNDER F.S. 893.13(6)(A). A LEGALLY
PERMISSIBLE RACKETEERING PREDICATE INCIDENT UNDER F.S. §
895.02(l)(a), § 895.02(l)(b)?
2. … |
| 20-5386 |
Leon Hawkins v. Donnie Morgan, Warden |
Sixth Circuit |
2020-08-18 |
Denied |
IFP |
constitutional-rights criminal-procedure double-jeopardy due-process judicial-discretion merger ohio-law sentencing sentencing-merger |
Does Ohio violate petitioner's constitutional right to be sentenced for sentences that merged (yet) the court sentenced separate sentences for the sam… |
| 20-5392 |
Jermaine Tyrone Jones v. United States |
Sixth Circuit |
2020-08-18 |
Denied |
Response WaivedIFP |
completed-misdemeanor criminal-procedure fourth-amendment investigatory-stop misdemeanor reasonable-suspicion vehicle-stop |
Is reasonable suspicion of a completed misdemeanor sufficient under the Fourth Amendment to justify an investigatory stop of a vehicle when there is n… |
| 20-5393 |
Timothy McCullough v. Jeff Dennison, Warden |
Seventh Circuit |
2020-08-18 |
Denied |
Response WaivedIFP |
appellate-review constitutional-law constitutional-rights criminal-procedure due-process jurisdiction sentencing void-for-vagueness |
1. Does the sentencing courthave Jurisdictionto Sentence a defen dant
to a statute void of judgment,un-enforceable undar the Constitution?
charging, s… |
| 20-5399 |
Anthony Leon Latimer, aka Gerrald Smith v. Ben Jones, et al. |
Fourth Circuit |
2020-08-18 |
Denied |
Response WaivedRelisted (2)IFP |
911-caller civil-rights criminal-procedure cruel-and-unusual-punishment due-process emergency-provision false-imprisonment good-samaritan good-samaritan-law law-enforcement-immunity |
M>id tbcpefcthfler can pri 7na Mental State* of mbnre 'A?
During the TAA/ESTI&ATIO/V PHASE 5 did d&fertdart-ffsgt. Bet1 Jones) Violate the petitioner… |
| 20-5376 |
Alfredo Estrada-Eugenio, aka Alfredo Erasto Estrada-Eugenio, aka Juan Eugenio Medina, aka Alfredo Estarada, aka Alfredo Eugenio-Estrada, aka Alfredo Estrada, aka Gerardo Amezquita v. United States |
Fifth Circuit |
2020-08-17 |
Denied |
Response WaivedIFP |
case-law constitutional-law criminal-procedure due-process fifth-circuit judicial-precedent precedent sentencing statutory-interpretation supreme-court supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 20-5379 |
Keith Adair Davis v. Washington |
Washington |
2020-08-17 |
Denied |
Amici (2)Response RequestedResponse WaivedRelisted (2)IFP |
adversarial-process constitutional-rights criminal-procedure criminal-trial defense-counsel due-process pro-se-defendant right-to-counsel sixth-amendment unsettled-law |
Where a pro se defendant is absent from a criminal trial, whether due to misconduct or voluntary choice, is the trial court constitutionally required … |
| 20-5380 |
Antonio Deshawn Pitt v. United States |
Fourth Circuit |
2020-08-17 |
Denied |
Response WaivedIFP |
bank-robbery criminal-procedure criminal-sentencing cruel-and-unusual-punishment due-process judicial-discretion mental-health proportionality proportionality-principle sentencing-guidelines statutory-interpretation |
Whether a district court's statutory obligation to consider the "history and circumstances" of a criminal defendant and to refrain from imposing a sen… |
| 20-171 |
Isaac L. Hobbs v. United States |
Sixth Circuit |
2020-08-17 |
Denied |
Relisted (3) |
18-usc-922 constitutional-violation criminal-procedure due-process guilty-plea knowledge-of-status statutory-interpretation structural-error |
Does a constitutionally invalid guilty plea resulting from the government's failure to inform a defendant of the knowledge-of-status element of 18 U.S… |
| 20-5354 |
Johnnie Lee Jordan, Jr. v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2020-08-14 |
Denied |
Response WaivedIFP |
2254-petition brady-violation certificate-of-appealability civil-rights criminal-procedure due-process giglio-violation habeas-corpus ineffective-assistance-of-counsel insufficient-evidence pro-se-litigant standing |
Whether pro se litigants can be sentenced to a natural life sentence because of Giglio and Brady violations, and insufficient evidence plain on the fa… |
| 20-5355 |
Eddie David Cox v. United States |
Eighth Circuit |
2020-08-14 |
Denied |
Response RequestedResponse WaivedRelisted (3)IFP |
appeal circuit-split constitutional-law criminal-procedure double-jeopardy due-process resentencing sentencing |
Whether the Double Jeopardy Clause bars resentencing on counts for sentences a defendant has already served? |
| 20-5356 |
Jabarr Ryeheine Rudolph v. United States |
Fourth Circuit |
2020-08-14 |
Dismissed |
Response WaivedIFP |
acceptance-of-responsibility appeal cocaine-base criminal-appeal criminal-procedure drug-weight due-process obstruction-of-justice sentencing-guidelines standard-of-review |
I. WHETHER THE CIRCUIT COURT OF APPEALS ERRED IN THE ASSESSMENT OF A TWO POINT ENHANCEMENT AGAINST THE APPELLANT JABARR RUDOLPH FOR OBSTRUCTION OF JUS… |
| 20-5358 |
David Fuentes v. United States |
Fifth Circuit |
2020-08-14 |
Denied |
Response WaivedIFP |
case-remand criminal-procedure davis-precedent davis-v-united-states habeas-corpus judicial-reconsideration legal-standard reasonable-probability reconsideration standard-of-review supreme-court-review |
Whether there is a reasonable probability of a different result in the event that the court below is instructed to reconsider the decision in light of… |
| 20-5363 |
Reginald Jones v. Louisiana |
Louisiana |
2020-08-14 |
GVR |
Response RequestedResponse WaivedRelisted (2)IFP |
constitutional-rights criminal-procedure due-process felony-conviction firearm jury-trial jury-unanimity obstruction-of-justice ramos-precedent ramos-v-louisiana |
In light of this court's recent decision in Ramos v. Louisiana, 140 S.Ct. 1390 (2020), finding nonunanimous jury verdicts in serious criminal cases un… |
| 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 where a court admits into evidence a certified… |
| 20-5346 |
Jerry Lee Thompson v. United States |
Fifth Circuit |
2020-08-13 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure due-process judicial-discretion plain-error sentencing substance-abuse-treatment supervised-release |
I. Does a district court commit reversible plain error when, in a sentence revoking supervised release, it imposes a condition of supervised release r… |
| 20-5328 |
Jeffrey Paul Giblin v. Washington |
Washington |
2020-08-12 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure due-process equal-protection evidence-rules eyewitness-testimony intent intent-standard lay-opinion-testimony |
A h FourteenAmenden Contittinauarnts
of "Due Proces ofLaw and"equal protection of the laws"
duly satistied for a Defendant accused of a crime involvin… |
| 20-5335 |
Dustin Johnson v. United States |
Sixth Circuit |
2020-08-12 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-sentencing due-process equal-protection fifth-amendment fourteenth-amendment methamphetamine methamphetamine-sentencing sentencing-guidelines statutory-interpretation |
Issue I
Whether the District Court erred in sentencing the Defendant based on ice ("actual" methamphetamine) rather than a mixture and substance cont… |
| 20-5337 |
David Enrique Meza v. United States |
Ninth Circuit |
2020-08-12 |
Denied |
Response WaivedIFP |
circuit-split criminal-procedure investigatory-proceeding marinello-v-united-states mens-rea miranda-rights miranda-waiver obstruction obstruction-of-justice |
1. In Marinello v. United States, 138 S. Ct. 1101, 1109-10 (2018), the Court held that, to prove obstruction, the government must show that the defend… |
| 20-143 |
Michael Harrison Lowman, Jr. v. United States |
Fourth Circuit |
2020-08-12 |
Denied |
Response Waived |
appeal-waiver circuit-split criminal-procedure disparate-treatment due-process judicial-discretion sentencing unreliable-facts |
SHOULD AN APPEAL WAIVER THAT DID NOT EXPRESSLY WAIVE A DUE PROCESS CHALLENGE BE ENFORCED WHERE THE SENTENCING COURT BASED ITS SENTENCE ON UNRELIABLE F… |
| 20-5317 |
Jeremiah Rodgers v. Florida |
Florida |
2020-08-11 |
Denied |
Response WaivedIFP |
criminal-procedure diagnostic-uncertainty due-process gender-dysphoria medical-evidence mental-health plea-bargaining plea-voluntariness post-conviction-relief procedural-bar |
1. Whether the newly discovered evidence of a criminal defendant's medical condition, including gender dysphoria, may implicate the voluntariness of a… |
| 20-5322 |
Patrick H. Torrence v. Alaska |
Alaska |
2020-08-11 |
Denied |
IFP |
compulsory-process constitutional-amendments criminal-procedure double-jeopardy due-process effective-assistance-of-counsel equal-protection search-and-seizure self-incrimination unreasonable-searches-and-seizures |
1) The decision of the State of Alaska, and the Alaska Court of Appeals are inconsistent with the United States Fourteenth Amendment rights to fair an… |
| 20-5323 |
Alfred Domenick Wright v. United States |
Fourth Circuit |
2020-08-11 |
Denied |
Response WaivedIFP |
criminal-procedure fair-sentencing-act government-error ineffective-assistance-of-counsel judicial-review sentencing-reduction sibron-v-new-york statutory-interpretation substantial-assistance united-states-v-gall |
1.) Should the Government correct error committed when applying 'The Fair
Sentencing Act ' (Nov. 2014)? And if an applicant 's reduction for
Substan… |
| 20-5324 |
In Re Jeremiah Ybarra |
|
2020-08-11 |
Denied |
Response WaivedRelisted (2)IFP |
civil-rights constitutional-rights criminal-procedure due-process fair-trial false-evidence false-statements false-testimony law-enforcement warrant-validity |
IS PETITIONER'S INNOCENCE OF THE MILLED OFFENSE?
WAS THE CRIMINAL PROCESS ABUSED, WHEN FALSE STATEMENTS WERE HELD TO APPLY FOR MURDER WARRANT?
Was f… |
| 20-5307 |
Rebecca H. Gallogly v. William P. Barr, Attorney General, et al. |
Fifth Circuit |
2020-08-10 |
Denied |
Response WaivedIFP |
agency-responsibility civil-rights community-supervision constitutional-deprivation criminal-procedure due-process expungement probation property-rights |
1. Is it a Constitutional deprivation to put a person found not guilty on community supervision or probation for the charge! or, to permit states to a… |
| 20-5300 |
Victor Santana-Gonzalez v. United States |
First Circuit |
2020-08-09 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure due-process federal-rules federal-rules-of-criminal-procedure judicial-error plain-error sentencing sentencing-procedure |
Does plain error apply to Federal Rule of Criminal Procedure Rule 32(i)(4)(a)(ii) when the error is caused by the sentencing court |
| 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 |
2. Can unconfronted testimonial hearsay be used to secure the admission at trial of other unconfronted testimonial hearsay?
3. Did the state fail to … |
| 20-5299 |
Antonio Benson v. Tennessee |
Tennessee |
2020-08-07 |
Denied |
Response WaivedIFP |
appellate-review constitutional-rights criminal-procedure due-process evidence jury-instruction jury-instructions self-defense |
I.
Whether the ruling of the Tennessee Supreme Court, which reversed the opinion of the
Tennessee intermediate appellate court, that the Petitioner wa… |
| 20-5301 |
David L. Shanks, Jr. v. United States |
Seventh Circuit |
2020-08-07 |
Denied |
Response WaivedIFP |
criminal-procedure due-process federal-court fifth-amendment judicial-procedure sixth-amendment trial-commencement trial-in-absentia |
Whether Federal Rule of Criminal Procedure 43 and a criminal defendant's Fifth and Sixth Amendment rights are violated when a Federal Judge appears at… |
| 20-129 |
Muhanad Elfatih M. A. Badawi v. United States |
Ninth Circuit |
2020-08-07 |
Denied |
Response Waived |
criminal-procedure due-process evidence fair-trial federal-rules-of-evidence foreign-terrorist-organization material-support old-chief old-chief-precedent rule-403 terrorism-evidence |
Whether graphic evidence of terrorism, admitted without the balancing test required by Fed. R. Evid. 403 and Old Chief v. United States, 519 U.S. 172,… |
| 20-5283 |
Mauricio Lemus v. United States |
Fifth Circuit |
2020-08-06 |
Denied |
Response WaivedIFP |
burden-of-proof crime-of-violence criminal-procedure due-process preponderance-of-evidence preponderance-of-the-evidence revocation-hearing sentencing supervised-release |
Whether at a supervised-release revocation hearing the government must prove by a preponderance of the evidence its contention that a defendant's cond… |
| 20-5285 |
Melvin Lee Jones v. United States |
Fourth Circuit |
2020-08-06 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
4th-amendment circuit-court-split criminal-procedure drug-enforcement fourth-amendment locked-containers marijuana-odor probable-cause search-and-seizure search-warrant |
Does probable cause to believe that a small, personal-use amount of drugs is present in a home automatically also provide probable cause to search the… |
| 20-5287 |
In Re Eddie Allen Jackson |
|
2020-08-06 |
Denied |
IFP |
constructive-amendment criminal-procedure due-process fifth-amendment grand-jury indictment indictment-modification judicial-error |
Whether the district court constructively amended the indictment in petitioner's case and if so does it rise to a Fifth Amendment violation? |
| 20-5289 |
Justin W. Sanderson v. Keith J. Foley, Warden |
Ohio |
2020-08-06 |
Denied |
Relisted (2)IFP |
criminal-procedure due-process finality-of-judgment habeas-corpus judicial-review mandamus subject-matter-jurisdiction void-judgment writ-of-mandamus |
1. Whether this present petition should be liberally construed by this
court as a petition for Writ of Mandamus to the court with directions,
or as … |
| 20-5292 |
Ashvinbhai Chaudhari v. United States |
Fifth Circuit |
2020-08-06 |
Denied |
Response WaivedIFP |
criminal-plea criminal-procedure downward-departure fifth-circuit involuntary-plea judicial-procedure plea-bargain plea-bargaining restitution supervisory-powers |
Whether the decision of the United States Court of Appeals for the Fifth Circuit ("Fifth Cireuit")-which held Rule 11 of the Federal Rules of Criminal… |
| 20-5261 |
Michael Fred Houston v. Texas |
Texas |
2020-08-05 |
Denied |
IFP |
court-of-appeals criminal-procedure due-process eyewitness-identification identification-testimony motion-to-suppress reliability-standard suggestive-identification suggestive-procedure totality-of-circumstances witness-reliability |
1) Does under the totality of the circumstance, is the in-court identification reliable even though the confrontation procedure was suggestive?
2) Di… |
| 20-5265 |
Hazhar A. Sayed v. Colorado |
Colorado |
2020-08-05 |
Denied |
Response WaivedIFP |
competency competency-evaluation constitutional-rights criminal-procedure due-process jury-instructions post-arrest-silence right-to-remain-silent self-defense |
Whether the trial court violated Sayed's constitutional right to remain silent and reversibly erred when it allowed the government to question a DOC i… |
| 20-5269 |
Amadeo Valls v. Florida |
Florida |
2020-08-05 |
Denied |
IFP |
acquittal burglary criminal-procedure due-process jury-instructions mens-rea structural-error |
(1) WHETHER Due process prohibits Florida from excluding Hews rea .instruction from Burglary CHARGES or WHETHER IT IS STRUCTURAL ERROR For Trial court… |
| 20-5273 |
Andrew Hargett, Jr. v. United States |
Fourth Circuit |
2020-08-05 |
Denied |
Response WaivedIFP |
arrest civil-rights criminal-procedure evidence-suppression exclusionary-rule fourth-amendment probable-cause search-and-seizure |
I. Whether the Fourth Amendment exclusionary rule required suppression of evidence obtained as a result of Mr. Hargett's arrest. |
| 20-5279 |
William Dale Wooden v. United States |
Sixth Circuit |
2020-08-05 |
Judgment Issued |
Amici (6)Response RequestedResponse WaivedRelisted (3)IFP |
constitutional-rights criminal-procedure due-process fourth-amendment probable-cause search-and-seizure standing warrantless-entry warrantless-search |
DID THE WARRANTLESS ENTRY AND SEARCH OF PETITIONER'S HOME VIOLATE HIS FOURTH AMENDMENT RIGHT TO BE FREE FROM ILLEGAL SEARCH AND SEIZURE?
DID THE SIXT… |
| 20-5280 |
Rahim Williams v. United States |
Fifth Circuit |
2020-08-05 |
Denied |
Response WaivedIFP |
criminal-procedure cross-reference district-court error federal-jurisdiction homicide sentencing-guidelines u-s-sentencing-commission u.s.s.g.-§-2k2.1(c)(1)(b) |
Whether the district court erred by applying the Sentencing Guidelines cross reference under U.S.S.G. § 2K2.1(c)(1)(B). |
| 20-5248 |
Robert Bernal, Jr. v. United States |
Third Circuit |
2020-08-04 |
Denied |
Response WaivedIFP |
appeal-waiver criminal-procedure plea-agreement restitution restitution-order sentencing statutory-interpretation statutory-limits unlawful-sentence |
Whether a defendant's waiver of the right to appeal which explicitly permits appeal of a sentence that "exceeds the applicable statutory limits set fo… |
| 20-5253 |
Douglas Farrar, Sr. v. United States |
Ninth Circuit |
2020-08-04 |
Denied |
Response WaivedIFP |
criminal-procedure due-process false-testimony findings judicial-findings obstruction-of-justice perjury presentence-report sentencing sentencing-guidelines |
Whether the generic adoption of a Presentence Report is sufficient to discharge the court's duties to make express and independent findings for an obs… |
| 20-5254 |
Quintin I. Brown v. Virginia |
Virginia |
2020-08-04 |
Denied |
IFP |
appellate-review constitutional-rights criminal-procedure double-jeopardy due-process evidence-law felony jury-trial misdemeanor |
DID the COMMONWEALTH of VIRGINIA IWA l court i)£MV
MR.13ROWU H'S COMSTltTUTIbWAL RIGHT TO JURY TRIAL ON Ttffc
MVSOEIAEAMOR CHARGES OP ReCJ&WtWC STOLEN… |
| 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 |
1. Whether the Sixth Circuit Court of Appeals failed to decide an important Federal Question regarding the right of a Defendant to confront witnesses … |
| 20-119 |
Louis Ruggiero v. United States |
Eleventh Circuit |
2020-08-04 |
Denied |
Response Waived |
28-usc-2255 criminal-procedure evidentiary-hearing federal-charges ineffective-assistance plea-bargaining prejudice prejudice-standard section-2255 |
Should the court of appeals have granted a certificate of appealability on whether a district court may deny a 28 U.S.C. § 2255 evidentiary hearing on… |
| 20-120 |
Alfredo Juarez v. Colorado |
Colorado |
2020-08-04 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
criminal-procedure deportation effective-assistance-of-counsel guilty-plea immigration immigration-consequences padilla-standard padilla-v-kentucky sixth-amendment |
When there is no dispute that a guilty plea will trigger mandatory deportation pursuant to federal law, must defense counsel advise a noncitizen-defen… |
| 20-101 |
Lloyd Harris v. Maryland |
Maryland |
2020-08-03 |
Denied |
Amici (1)Response RequestedResponse WaivedRelisted (14) |
actual-prejudice balancing-test constitutional-rights criminal-procedure due-process fair-trial preindictment-delay prejudice-analysis prosecutorial-misconduct prosecutorial-motive |
Where preindictment delay has caused actual prejudice to the accused's ability to defend himself, does the Due Process Clause require (1) the defendan… |
| 20-5237 |
Kenneth Lee Manhard v. Florida |
Florida |
2020-08-03 |
Denied |
Response WaivedIFP |
appeal collision-liability criminal-procedure due-process equal-protection license-suspension miranda-rights sentencing vehicular-manslaughter |
(1) Was he denied equal protection of the law ? |
| 20-5244 |
David Lopez v. United States |
First Circuit |
2020-08-03 |
Denied |
Response WaivedIFP |
application-note base-offense-level criminal-procedure judicial-discretion leadership-enhancement rico rico-violation sentencing sentencing-guidelines statutory-interpretation |
Did the district court and the First Circuit err by declining to apply Application Note One as written? |
| 20-5246 |
Jerry Luke v. United States |
Sixth Circuit |
2020-08-03 |
Denied |
Response WaivedIFP |
4th-amendment civil-rights constitutional-rights conviction-review court-jurisdiction criminal-procedure due-process jurisdictional-challenge search-and-seizure standing statutory-interpretation |
Question not identified. |
| 20-5193 |
Mollee M. McWhorter v. United States |
Fourth Circuit |
2020-07-31 |
Denied |
Response WaivedRelisted (2)IFP |
2nd-amendment civil-rights constitutional-rights criminal-procedure due-process fourteenth-amendment free-speech juvenile-sentencing life-without-parole standing takings |
I WISH THE US SUPREME COURT TO REVIEW THE UNCONSTITUATIONALITY OF CANNABIS LAWS AS IT RELATES TO MY FEDERAL CASE AND HOW IT IS APPLICABLE TO MILLIONS … |
| 20-5196 |
David McConnell v. Florida |
Florida |
2020-07-31 |
Denied |
IFP |
cooperation-with-state criminal-investigation criminal-procedure effective-assistance-of-counsel fourteenth-amendment ineffective-assistance-of-counsel murder murder-prosecution prosecutorial-conflict sixth-amendment |
1. Does counsel under the Fourteenth and Sixth Amendment have an obligation
to effectively assist a defendants cooperation with the State in a murder… |
| 20-5232 |
Iris Lamarr Anderson v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2020-07-31 |
Denied |
Response WaivedRelisted (2)IFP |
civil-procedure civil-rights constitutional-violation criminal-procedure due-process federal-courts habeas-corpus standing state-courts |
1. WAS PETITIDNER DENIED "FUNDAMENTAL FAIRNESS" BY STATE
AND FEDBRAL LOURTS RESOLUTION OF HIS CLAIMS DN AN
ERRONEOUS INDEPENDANT AND ADEQUATE STATE LA… |
| 20-5233 |
Michael R. Burns v. United States |
First Circuit |
2020-07-31 |
Rehearing |
Response WaivedRelisted (2)IFP |
civil-rights criminal-procedure dna-evidence dna-fabrication due-process evidence fingerprint-fabrication habeas-corpus newly-discovered-evidence post-conviction-relief |
1. Appoint Counsel And Recall A Mandate
2. When Appeals Court Have Jurisdiction Summary Cases, Where A Rule 33 Is Filed Under US v. CRONIC? |
| 20-5235 |
Michael D. Bikundi, Sr. v. United States |
District of Columbia |
2020-07-31 |
Denied |
Response WaivedIFP |
criminal-procedure discovery district-court due-process federal-rule-criminal-procedure harmless-error legal-obligation material-violation prejudice prejudicial-error sanction sanctions |
Whether a district court has an obligation to impose a meaningful sanction for a material and highly prejudicial violation of Federal Rule of Criminal… |
| 20-5238 |
Wilbert Hayes v. United States |
Second Circuit |
2020-07-31 |
Denied |
Response WaivedIFP |
appellate-review circuit-court circuit-court-of-appeals criminal-procedure extra-record-material extrarecord-material olano-analysis olano-standard plain-error post-rehaif |
Whether, on a post-Rehaif claim, the Circuit Court of Appeals should not consider extrarecord material in its assessment of the fourth prong of the Ol… |
| 20-5239 |
Junior Griffin v. United States |
Second Circuit |
2020-07-31 |
Denied |
Response WaivedIFP |
bad-faith criminal-procedure due-process federal-rules-criminal-procedure federal-rules-of-criminal-procedure government-misconduct joinder severance |
1. Whether courts must consider allegations of "bad faith" by the government when deciding motions to join counts pursuant to Fed. R. Crim. P. 8(a), o… |
| 20-5240 |
Cynthia Gilmore v. United States |
Fourth Circuit |
2020-07-31 |
Denied |
Response WaivedIFP |
ambiguity ambiguous-verdict conspiracy criminal-procedure jury-instructions jury-verdict predicate-acts reasonable-doubt sentencing |
Whether the sentencing court is required to use the reasonable doubt standard to determine the predicate acts where the jury's verdict was purposefull… |
| 20-106 |
Alberto Vilar, et al. v. United States |
Second Circuit |
2020-07-31 |
Denied |
Response Waived |
appellate-review constitutional-rights criminal-procedure due-process habeas habeas-corpus ineffective-assistance ineffective-assistance-of-counsel massaro-v-united-states procedural-review |
In 2013, the Second Circuit affirmed convictions of Petitioners Gary Tanaka and Alberto Vilar for securities law-related offenses, but vacated the sen… |
| 20-5216 |
Brent Anderson v. United States |
Fifth Circuit |
2020-07-30 |
GVR |
Response RequestedResponse WaivedRelisted (2)IFP |
appellate-review criminal-procedure davis-v-united-states fact-review federal-rule-criminal-procedure federal-rules-of-criminal-procedure gvr judicial-procedure plain-error questions-of-fact standard-of-review |
Are questions of fact cognizable on plain error review under Federal Rule of Criminal Procedure 52(b)? [Petitioner requests GVR in light of Davis v. U… |
| 20-5218 |
Daniel Page v. Renee Baker, Warden, et al. |
Ninth Circuit |
2020-07-30 |
Denied |
Response WaivedIFP |
certificate-of-appealability criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel medical-condition ninth-circuit plea-bargaining pre-sentence-motion trial-counsel |
1. Whether the Ninth Circuit erred by denying a certificate of appealability on the question of whether the trial court should have granted Mr. Page's… |
| 20-5219 |
Binh Nguyen v. United States |
Fifth Circuit |
2020-07-30 |
Denied |
Response WaivedIFP |
certiorari criminal-procedure due-process fifth-circuit judicial-review remand sentence-vacatur sentencing united-states-v-haymond |
L. Whether this Court should grant certiorari, vacate the sentence and remand to the Fifth Circuit for reconsideration in light of United States v. Ha… |
| 20-5221 |
Arthur James Martin v. Florida |
Florida |
2020-07-30 |
Denied |
IFP |
brady-violation capital-trial criminal-procedure cumulative-error cumulative-error-analysis giglio-violation ineffective-assistance ineffective-assistance-of-counsel post-conviction-relief strickland-test trial-counsel |
1. Whether trial counsel's failure to investigate and present evidence that significantly undermines the State's case is deficient performance that re… |
| 20-5222 |
Travon Nikeith Johnson v. United States |
Fifth Circuit |
2020-07-30 |
Denied |
Response WaivedIFP |
case-remand court-review criminal-procedure exceptions Holguin-Hernandez judicial-interpretation legal-precedent procedural-analysis remand reversal sentencing supreme-court-citation |
Whether the court below overlooked or disregarded Holguin-Hernandez v. United States, __U.S.__, 140 S.Ct. 762 (2020), meriting remand or reversal? |
| 20-5223 |
Jorge Madrid-Uriarte v. United States |
Fifth Circuit |
2020-07-30 |
Denied |
Response WaivedIFP |
case-precedent court-decision criminal-procedure harmless-error judicial-review legal-standard precedent reasonable-probability reconsideration remand sentencing standard-of-review |
I. Whether there is a reasonable probability of a different result in the event that the court below is instructed to reconsider the decision in light… |
| 20-5226 |
Jose Flores-Dominguez v. United States |
Fifth Circuit |
2020-07-30 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-conviction sentencing statutory-maximum |
I. Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and ei… |
| 20-5190 |
Christian Rodriguez v. United States District Court for the District of Nevada, Reno, et al. |
Ninth Circuit |
2020-07-29 |
Denied |
IFP |
civil-rights criminal-procedure due-process exclusionary-rule miranda-rights search-and-seizure |
Question not identified. |
| 20-5208 |
William Monterial Jones v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2020-07-29 |
Denied |
IFP |
burden-of-proof civil-rights criminal-conviction criminal-procedure due-process evidence identity identity-evidence procedural-default state-prosecution |
PORSUANT TO THE PRECEDENT ESTARLISHED EN UNITED STATES V BONNER, 6H8 F.2d 2O9 (4MCIR 2O11), DID THE STATE SUFFICIENTLY PROVE IT'S BURDEN OF PROOF OF G… |
| 20-90 |
Eugene Slone v. United States |
Sixth Circuit |
2020-07-29 |
Denied |
Response Waived |
certificate-of-appealability criminal-procedure habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-agreement sixth-amendment strickland-standard subject-matter-jurisdiction |
Did Slone sufficiently meet his burden under Strickland such that the District and Circuit courts should have granted his petition for a Certificate o… |
| 20-5188 |
Adelso Barnes v. Janet Dowling, Warden |
Tenth Circuit |
2020-07-28 |
Denied |
Relisted (2)IFP |
actual-innocence aedpa-exception criminal-procedure due-process habeas-corpus legal-consultation miscarriage-of-justice plea-change right-to-counsel |
1. Whether an affirmative statement that Mr. Barnes wished to remain in the county jail for the critical ten-day period entitles Mr. Barnes to the con… |
| 20-5191 |
Joshua Edwards v. United States |
Fifth Circuit |
2020-07-28 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure criminal-trial due-process elements-of-crime elements-of-offense fifth-circuit jury-instructions trial-defense |
Did the United States Court of Appeals for the Fifth Circuit err when it held that the district court's failure to instruct the jury on the elements o… |
| 20-5161 |
Roberto Gonzalez-Gatica v. United States |
Fifth Circuit |
2020-07-27 |
Denied |
Response WaivedIFP |
constitutional-procedure criminal-procedure defendant-rights due-process indictment jury-determination jury-trial prior-conviction prior-convictions sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 20-5179 |
Alberto Guillen v. Patrick McTighe, et al. |
Ninth Circuit |
2020-07-27 |
Denied |
Response WaivedIFP |
14th-amendment 5th-amendment 6th-amendment actual-innocence constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel plea-involuntariness witness-investigation |
1) Is the complete failure to investigate potentially corroborating witness (the victim Roberto Guillen) be considered and accepted tactical decision,… |
| 20-5184 |
Richard Brian Williams v. United States |
Fifth Circuit |
2020-07-27 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
18-usc-924 armed-career-criminal-act criminal-charging criminal-procedure indictment indictment-error prior-convictions sentencing sentencing-provision statutory-interpretation |
1) Whether sentencing Mr. Williams under the ACCA was error because the prosecutor specifically charged the sentencing provision of 18 U.S.C. § 924(a)… |
| 20-5157 |
Denard Stokeling v. United States |
Eleventh Circuit |
2020-07-24 |
Denied |
Relisted (3)IFP |
armed-career-criminal-act circuit-split constitutional-error criminal-procedure due-process plea-bargaining plea-validity rehaif-v-united-states sentencing-enhancement violent-felony |
1. Where a defendant pled guilty to a violation of 18 U.S.C. § 922(g) prior to Rehaif v. United States, 139 S.Ct. 2191 (2029), and it is undisputed th… |
| 20-5163 |
Lonnie Kade Welsh v. Texas |
Texas |
2020-07-24 |
Denied |
IFP |
actual-innocence civil-commitment criminal-procedure due-process fourteenth-amendment insanity-defense mens-rea mental-capacity |
1. Would the State of Texas cause a fundamental miscarriage of justice violating the United States Fourteenth Amendment by refusing to overturn the cr… |
| 20-5164 |
Lonnie Kade Welsh v. Texas |
Texas |
2020-07-24 |
Denied |
IFP |
civil-commitment criminal-procedure double-jeopardy due-process fourteenth-amendment insanity-defense mens-rea mental-capacity |
1. Would the State of Texas cause a fundamental miscarriage of justice violating the United States Fourteenth Amendment by refusing to overturn the cr… |
| 20-5165 |
Lonnie Kade Welsh v. Texas |
Texas |
2020-07-24 |
Denied |
IFP |
civil-commitment criminal-conviction criminal-procedure due-process fourteenth-amendment insanity-defense mens-rea mental-capacity sanity |
1. Would the State of Texas cause a fundamental miscarriage of justice violating the United States Fourteenth Amendment by refusing to overturn the cr… |
| 20-5170 |
William Russell Williams v. Michigan |
Michigan |
2020-07-24 |
Denied |
IFP |
actus-reus criminal-procedure due-process ineffective-assistance jury-instructions mens-rea mitigation mitigation-instruction prosecutorial-misconduct right-to-present-defense sentencing-guidelines |
I. Was William Williams denied his right to due process, to present a defense, and to a properly instructed jury where the trial court refused to prov… |
| 20-5173 |
Juan Domingo Velazquez v. Texas |
Texas |
2020-07-24 |
Denied |
IFP |
court-appointed-counsel criminal-procedure defendant-rights due-process ineffective-assistance jury-trial plea-of-not-guilty right-to-counsel sixth-amendment structural-error |
Was it "structural error" that violated Petitioner's Sixth Amendment autonomy rights when Petitioner's court appointed counsel conceeded his client's … |
| 20-5175 |
John David Wilson, Jr. v. Florida |
Florida |
2020-07-24 |
Denied |
IFP |
collateral-estoppel criminal-procedure double-jeopardy due-process fifth-amendment jurisdiction |
*THe FUA^A/v S0%6 m£ Qmsf HftJ, Gmmf'TtfP &&QQ
it f/niso -fc m m&vrs of; 15 A
DOOfibe r&ft&j Com AfX/o^WiS j67 k fLA, &>
C^ aA> ft ftiNM- S.^x) t«0.
… |
| 20-5177 |
Rolando Felix-Carrazco v. United States |
Ninth Circuit |
2020-07-24 |
Denied |
Response WaivedIFP |
criminal-procedure due-process evidence-sufficiency holdout-juror judicial-inquiry judicial-interference juror-dismissal jury-deliberation jury-deliberations scotus-guidance trial-court-discretion |
Whether this Court should decide that the repeated questioning of
jurors who have complained about one juror (who is obviously a holdout) is
tantamoun… |
| 20-71 |
Stephen P. Brown v. United States |
Second Circuit |
2020-07-24 |
Denied |
Response Waived |
appeal-waiver certificate-of-appealability criminal-procedure due-process fifth-amendment ineffective-assistance section-2255 sentencing sentencing-review sixth-amendment |
Should this Court vacate and remand the Februar y 12, 2020 Order of the U.S. Court of Appeals for the Second Circuit denying a certificate of appealab… |
| 20-5137 |
Antoine Dewayne Myles v. United States |
Fourth Circuit |
2020-07-23 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fair-trial impartial-tribunal judicial-bias pre-sentencing pro-se-representation self-representation suppression suppression-of-evidence wire-tap-interception |
1. Whether the district court violated the defendants Due Process right to a fair in an impartial, tribunal where the district court presentenced defe… |
| 20-5152 |
Joel Arredondo-Moreno v. United States |
Fifth Circuit |
2020-07-23 |
Denied |
Response WaivedIFP |
criminal-procedure due-process sentencing sixth-amendment stare-decisis supreme-court |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 20-5156 |
Manuel Contreras Saucedo v. United States |
Fifth Circuit |
2020-07-23 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure due-process fact-finding federal-sentencing jury-trial reasonable-doubt sentencing |
I. Whether facts that affect the minimum or maximum reasonable federal sentence must be proven to a jury beyond a reasonable doubt? |
| 20-61 |
Joan Orie Melvin v. Stephen D. Zappala, et al. |
Third Circuit |
2020-07-23 |
Denied |
Response Waived |
constitutional-rights criminal-procedure due-process fifth-amendment fourteenth-amendment state-crimes workplace-rule workplace-rules |
The question presented is whether a defendant's rights under the Fifth Amendment as incorporated by the Fourteenth Amendment are violated when she is … |
| 20-5135 |
James Bowell v. State Bar of California |
California |
2020-07-22 |
Denied |
Response WaivedRelisted (2)IFP |
6th-amendment criminal-procedure double-jeopardy habeas ineffective-assistance ineffective-assistance-of-counsel parole-revocation parolee sentencing sentencing-enhancement statutory-maximum |
1. Would it be considered a 6th Amendment deprivation violation ineffective assistance of counsel for a court appointed attorney refusing to present f… |
| 20-5139 |
Algere Jones v. United States |
Second Circuit |
2020-07-22 |
Denied |
Response WaivedIFP |
4th-amendment criminal-procedure due-process exclusionary-rule federal-district-court fourth-amendment search-and-seizure standing supervised-release |
The Fourth Amendment prohibits unreasonable searches and seizures, the petitioner's underlying state court case was dismissed by the trial court apply… |
| 20-5145 |
In Re Charles Talbert |
|
2020-07-22 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure due-process evidence-admissibility fair-trial ineffective-assistance-of-counsel judicial-discretion post-conviction-review prosecutorial-misconduct |
Question not identified. |
| 20-5148 |
Robert James Ossawa Wood v. California |
California |
2020-07-22 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure due-process false-testimony no-contest-plea plea-withdrawal standing unlawful-evidence unlawfully-obtained-evidence |
I
WAS PETITIONER HELD TO ANSWER FOR TRIAL
BASED ON FALSE TESTIMONY AND UNLAWFULLY
OBTAINED EVIDENCE ?
II
WAS PETITIONER PROVIDENTLY ADVISED
FEDERA… |
| 20-5149 |
Marcel Malachowski v. United States |
Second Circuit |
2020-07-22 |
Denied |
Response WaivedIFP |
appellate-procedure civil-rights constitutional-review criminal-procedure due-process evidence judicial-misconduct judicial-review legal-claim objective-standard standing |
1. Did The Second Circuit Court of Appeals Commit an Abuse of Discretion By: (a) Exceeding the Scope of Review Defined By 28 USC. § 1355) (b) Failure … |
| 20-5150 |
Ernest R. Jenkins v. Daniel Clarke, Warden |
Seventh Circuit |
2020-07-22 |
Denied |
IFP |
appellate-review certificate-of-appealability constitutional-claim criminal-procedure due-process fundamental-right habeas-corpus harmless-error judicial-review jurisdiction standing state-prosecution |
1. Was the Circuit Court's denial of the petitioner's request for a certificate of apealability (COA) erroneous?
2. Does the petitioner have a fundam… |
| 20-5112 |
David Wayne Robinson v. Jared Polis, Governor of Colorado, et al. |
Tenth Circuit |
2020-07-21 |
Denied |
IFP |
14th-amendment booking-fees civil-rights constitutional-rights criminal-procedure due-process equal-protection excessive-fines takings-clause |
Did Dist ct. ERR tw dismissing / And Appeals a ANowing Legal Skills?
TS The AcTiox/ of Sep aaliont of Fouiets To Authorize The Take Twas of monies fo… |
| 20-5115 |
Gerson Serrano-Ramirez v. United States |
Sixth Circuit |
2020-07-21 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-trial due-process evidence evidence-rules federal-procedure gang-affiliation jury-instructions motion-to-sever sufficiency-of-evidence venue |
Mr. Gerson Serrano-Ramirez was tried and convicted on in the United States District Court for the Middle District of Tennessee. Prior to and during tr… |
| 20-5120 |
Giovanni Cotto, aka Monte v. United States |
Second Circuit |
2020-07-21 |
Denied |
Response WaivedIFP |
burden-of-proof circuit-split criminal-procedure criminal-prosecution federal-statute mens-rea official-proceeding statutory-interpretation witness-retaliation |
Whether, in a prosecution under 18 U.S.C. § 1513(b)(1), the Government must prove beyond a reasonable doubt that the defendant knew the witness agains… |
| 20-5121 |
Brayan Gutierrez-Diaz v. United States |
Ninth Circuit |
2020-07-21 |
Denied |
Response WaivedIFP |
appointed-counsel criminal-procedure due-process fifth-amendment interrogation miranda-warning right-to-counsel self-incrimination |
Whether and to what extent a mistranslated Miranda warning, which does not reasonably convey the right to appointed counsel during interrogation, fail… |
| 20-5123 |
Cardell A. Hayes v. Louisiana |
Louisiana |
2020-07-21 |
GVR |
Response RequestedResponse WaivedRelisted (2)IFP |
appeal-pipeline criminal-procedure due-process equal-protection fourteenth-amendment non-unanimous-verdict pipeline ramos-relief ramos-v-louisiana retroactivity sixth-amendment |
Because Cardell Hayes's non-unanimous verdict is unconstitutional, Ramos v. Louisiana, — S.Ct. —, 2020 WL 1906545 (2020), is he entitled to the relief… |
| 20-5124 |
Allen Fitzgerald Calton v. Texas |
Texas |
2020-07-21 |
Dismissed |
IFP |
appellate-review brady-violation constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel judicial-discretion materiality petition-review |
(1) whether the Texas Court of Criminal Appeals as the
ultimate factfinder in Texas habeas corpus proceedings
abused its discretion and erred wher it … |
| 20-5128 |
Vernon Chapman v. United States |
Seventh Circuit |
2020-07-21 |
Denied |
Response WaivedIFP |
abuse-of-discretion constitutional-rights criminal-procedure due-process evidentiary-hearing exculpatory-evidence ineffective-assistance ineffective-assistance-of-counsel plea-bargaining sentencing-consequences |
Considered Copate if a attorney did not follo
Is a investigation
the advice of "Several experts advisig him on hou to get
1
definitive
a
deterination… |
| 20-5130 |
Antonio Lozano Solis v. David Shinn, Director, Arizona Department of Corrections, et al. |
Ninth Circuit |
2020-07-21 |
Denied |
Response WaivedIFP |
access-to-court access-to-courts appeal-review civil-rights constitutional-right criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel |
1. Was petitioner denied meaningful access to the court?
2. Does Petitioners INEFFECTIVE ASSISTANCE OF COUNSEL claim require a Certificate of Appeal?… |
| 20-48 |
Stacey Eugene Johnson v. Arkansas |
Arkansas |
2020-07-20 |
Denied |
Relisted (5) |
access-to-courts actual-innocence criminal-procedure dna-testing due-process fifth-amendment first-amendment post-conviction-relief post-conviction-remedies |
Does the Arkansas DNA testing statute, as construed by the Arkansas Supreme Court, prevent Petitioner from meaningfully accessing the State's post-con… |
| 20-5037 |
Bruce Zachary Pugh v. United States |
Eighth Circuit |
2020-07-20 |
Denied |
Response RequestedResponse WaivedRelisted (4)IFP |
criminal-procedure fairness-integrity judicial-review jury-instructions plain-error public-reputation substantial-rights supreme-court-precedent trial-record |
(1) Whether plain-error review for failure to instruct on an element of the offense, based upon an intervening U.S. Supreme Court decision, allows cou… |
| 20-5108 |
Salvador Ojeda-Amarillas v. United States |
Ninth Circuit |
2020-07-20 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure firearms-enhancement leadership-role necessity necessity-requirement sentencing-enhancement sentencing-factors sentencing-guidelines waiver wiretap wiretap-application |
1. Whether the Court of Appeals erred in finding the July 2006 wiretap application met the necessity requirements and whether it erred in holding Mr. … |
| 20-5109 |
Ganaa Otgoo v. Illinois |
Illinois |
2020-07-20 |
Denied |
Response WaivedIFP |
conflict-between-state-court-decisions constitutional-rights criminal-procedure due-process fair-trial federal-constitutional-rights legal-review reasonable-doubt state-court state-court-actions wrongful-conviction |
1) Grant Certiorari to decide legal questions whether State Court actions denied Petitioner's Rights under Federal Law, denied Petitioner "Fair and Im… |
| 20-5070 |
Joaquin Shadow Rams v. Virginia |
Virginia |
2020-07-19 |
Denied |
Response WaivedIFP |
appellate-review constitutional-interpretation criminal-conviction criminal-procedure due-process jackson-standard jackson-v-virginia sufficiency-of-evidence virginia |
In Jackson v. Virginia, 443 U.S. 307 (1979), this Court held that the Due Process Clause requires the following standard of review for appellate claim… |
| 20-5097 |
Robert Earnest Wilkerson v. Texas |
Texas |
2020-07-17 |
Denied |
IFP |
appeals criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel right-to-counsel |
Appellant has a sincere religious belief in his use of psilocin mushrooms for religious ceremonies. The Texas Courts erred in finding that error was n… |
| 20-5099 |
Lantrel DeKeith Wilson v. United States |
Sixth Circuit |
2020-07-17 |
Denied |
Response WaivedIFP |
4th-amendment 6th-circuit consent-search consent-to-search criminal-procedure inevitable-discovery motion-to-suppress search-and-seizure sixth-circuit supreme-court-precedent terry-stop |
I. Whether the decision of the Sixth Circuit Court of Appeals in affirming the District Court's denial of Lantrel Wilson's Motion to Suppress conflict… |
| 20-30 |
Nigel Christopher Paul Martin v. United States |
Eleventh Circuit |
2020-07-16 |
Denied |
Response Waived |
criminal-procedure immigration immigration-consequences ineffective-assistance ineffective-assistance-of-counsel mandatory-deportation padilla-claim padilla-v-kentucky plea-agreement plea-bargaining post-conviction-relief |
Is a defendant categorically prohibited from establishing an ineffective assistance of counsel claim under Padilla v. Kentucky, 559 U.S. 356 (2010), w… |
| 20-34 |
Anthony Thomas Grimes v. Kentucky |
Kentucky |
2020-07-16 |
Denied |
Response Waived |
criminal-defense criminal-procedure effective-assistance-of-counsel parole-eligibility plea-bargaining plea-negotiation prejudice-standard sentencing sentencing-information sexual-offender-registration sixth-amendment strickland-v-washington |
Whether the Kentucky Court of Appeals has diminished and violated the federal constitutional guarantee of effective assistance of counsel in the pretr… |
| 20-5085 |
Joe Edward Johnson v. California |
California |
2020-07-16 |
Denied |
Amici (1)Relisted (5)IFP |
batson-challenge criminal-procedure due-process faretta-motion faretta-v-california jury-selection legal-timeliness self-representation timeliness totality-of-circumstances |
1. Whether, as the overwhelming majority of jurisdictions hold, a request for self-representation under Faretta v. California, 422 U.S. 806 (1975), is… |
| 20-5091 |
Phillip Shawn Horton v. United States |
Fifth Circuit |
2020-07-16 |
GVR |
IFP |
vacate the judgement and remand for reconsiderati 4th-amendment case-reconsideration certiorari criminal-procedure Davis-remand davis-v-united-states judicial-remand precedent-application remand search-and-seizure Supreme-Court-review |
I. Whether this Court should grant certiorari, vacate the judgement and remand for reconsideration in light of Davis v. United States, 140 S. Ct. 1060… |
| 20-5062 |
Paul Byrd v. Florida |
Florida |
2020-07-15 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure fourth-amendment law-enforcement ruse-checkpoint search-and-seizure |
Whether a "ruse checkpoint" that focuses on those who attempt to avoid the checkpoint violates the Fourth Amendment to the Constitution. |
| 20-5080 |
Christopher George Wiggin v. United States |
Fifth Circuit |
2020-07-15 |
Denied |
Response WaivedIFP |
with no evidence of defendants' conduct causing s criminal-law criminal-procedure criminal-statute due-process federal-law felon-in-possession firearms-possession interstate-commerce mens-rea statutory-interpretation |
1. Whether 18 U.S.C. §922(g ) authoriz es conviction upon proof that a firearm once crossed state lines at an unspecified prior occasion, when there i… |
| 20-5056 |
George Cortez, Jr. v. United States |
Fifth Circuit |
2020-07-14 |
Denied |
Response WaivedIFP |
vacate the sentence and remand to the Fifth Circu certiorari constitutional-law criminal-procedure due-process fifth-circuit haymond-precedent remand sentence-vacatur sentencing supreme-court supreme-court-review |
Whether this Court should grant certiorari, vacate the sentence and remand to the Fifth Circuit for reconsideration in light of United States v. Haymo… |
| 20-5058 |
Randy Estevez v. United States |
Second Circuit |
2020-07-14 |
Denied |
Response WaivedIFP |
criminal-procedure due-process felony-enhancement firearm-possession jury-instructions jury-unanimity sentencing sentencing-reasonableness u-s-sentencing-guidelines unanimity |
1. Whether the district court erred in not instructing the jury that it
should be unanimous on the date and location of his alleged
possession of the … |
| 20-5025 |
Eddie Matthew Amos v. Tommy Bowen |
Eleventh Circuit |
2020-07-13 |
Denied |
Response WaivedRelisted (2)IFP |
convicted-felon criminal-defense criminal-procedure effective-assistance-of-counsel fair-trial felon-in-possession firearm-possession ineffective-assistance-of-counsel jury-instructions self-defense |
(Ground One): Is a criminal defendant, who is also a previously
convicted felon, denied a fair trial and the effective assistance of
counsel when de… |
| 20-5039 |
Antwoyn Terrell Spencer v. United States |
Eighth Circuit |
2020-07-13 |
Denied |
Response WaivedIFP |
5th-amendment appellate-review certificate-of-appealability criminal-procedure due-process eighth-circuit fifth-amendment grand-jury-indictment habeas-corpus personal-liberty |
1. Whether the Eighth Circuit Court of Appeals Erred Denying Petitioner a Certificate of Appealability?
2. Whether Petitioner is Deprived of his Pers… |
| 20-5042 |
Julian Silva-Aguilar v. United States |
Ninth Circuit |
2020-07-13 |
Denied |
Response WaivedIFP |
appeal-waiver criminal-procedure due-process factual-basis guilty-plea ninth-circuit plea-agreement plea-bargaining supreme-court-precedent |
In deciding that the defendant's guilty plea was supported by an adequate factual basis, and was therefore knowing and intelligent and subject to the … |
| 20-5048 |
Josh L. Bowman v. Bert Boyd, Warden |
Sixth Circuit |
2020-07-13 |
Denied |
Response WaivedRelisted (2)IFP |
5th-amendment batson-challenge confession confession-suppression constitutional-rights criminal-procedure due-process jury-selection police-misconduct police-threats suppression |
1. Whether Mr. Bowman's confession should have been suppressed due to treats by police?
2. Whether Mr. Bowman's federal constitutional rights under B… |
| 20-5051 |
Andre Patrick Staggers v. United States |
Fifth Circuit |
2020-07-13 |
Denied |
Response WaivedIFP |
21-usc-841(b) criminal-procedure drug-offense first-step-act retroactive-application retroactivity sentencing sentencing-law statutory-minimums |
Does the First Step Act provision lowering the enhanced statutory minimums of 21 U.S.C. § 841(b) apply to persons who were sentenced before the provis… |
| 20-5003 |
Richard B. Woods v. Louisiana |
Louisiana |
2020-07-09 |
Denied |
Response RequestedResponse WaivedRelisted (3)IFP |
constitutional-error constitutional-law criminal-procedure due-process fourteenth-amendment jury-trial non-unanimous-verdict remand sixth-amendment |
Whether petitioner's conviction based upon a non-unanimous verdict violated the Sixth and Fourteenth Amendments to the United States Constitution?
Wh… |
| 20-5005 |
Archie Lee Williams v. United States |
Eleventh Circuit |
2020-07-09 |
Denied |
Response WaivedIFP |
abuse-of-discretion constitutional-rights criminal-procedure due-process harmless-error plea-withdrawal substantial-rights |
Did the Eleventh Circuit err in affirming the district court's denial of the Petitioner's motion to withdraw his plea and was it was it an abuse of di… |
| 20-5013 |
Rafeal D. Newson v. Superior Court of California, Pima County, et al. |
Seventh Circuit |
2020-07-09 |
Denied |
IFP |
breach-of-contract civil-procedure civil-rights constitutional-rights criminal-procedure due-process extradition extradition-process federal-procedure habeas-corpus interstate-detainers-act probable-cause |
(A) The U.S. Court of Appeals for the Seventh Circuit relied on HECK v. Humphrey, 512 U.S. 477, the usual part of malicious prosecution and its favora… |
| 20-5014 |
Darwin Josue Peralta v. North Carolina |
North Carolina |
2020-07-09 |
Denied |
IFP |
appellate-review civil-rights criminal-procedure cross-examination due-process evidence jury-instructions legal-standards right-to-present-defense standard-of-review |
Whether the trial Court Violated Mr.Peralta Statutory and Constitutional Rights by Relying on Dr. Beth Hers sexual Abuse Finding because she based Her… |
| 20-5015 |
James Latron Sumter v. United States |
Fourth Circuit |
2020-07-09 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure criminal-sentencing cruel-and-unusual-punishment eighth-amendment first-step-act guilty-plea mandatory-minimum plea-bargaining sentencing |
1. WHETHER THE APPELLATE COURT ERRED IN AFFIRMING THE
DISTRICT COURT'S RULING NOT ALLOWING SUMTER TO WITHDRAW
HIS GUILTY PLEA?
2. WHETHER THE APPELLA… |
| 20-5018 |
Roy Howard Middleton v. Mark S. Inch, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2020-07-09 |
Denied |
IFP |
appellate-review circuit-court-interpretation criminal-procedure double-jeopardy due-process federal-law-application habeas-corpus ineffective-assistance-of-counsel judicial-review legal-precedent stare-decisis supreme-court-precedent |
I. Petitioner asks did the United States Court of Appeals for the Eleventh Circuit and the District Court for the Northern District of Florida apply f… |
| 20-1 |
Nicholas E. Davis v. United States |
Armed Forces |
2020-07-09 |
Denied |
Response Waived |
appellate-review court-martial criminal-procedure jury-instruction jury-instructions plain-error supreme-court-precedent waiver |
Whether the failure to object to a pattern jury instruction erroneously describing the elements of the offense constitutes affirmative waiver such tha… |
| 19-8909 |
Grant Ruffin Haze v. Katy Poole, Administrator, Scotland Correctional Institution |
Fourth Circuit |
2020-07-08 |
Denied |
IFP |
civil-rights criminal-procedure due-process evidence-presentation exculpatory-evidence fair-trial ineffective-assistance prosecutorial-misconduct sixth-amendment trial-counsel witness-tampering |
I. Didhe prosctiinteninalandepead oa
wie ah ht
mail cnaattonio o
tialta tn t e
I. Didcunses filuto prsentvidenc Petitner's milliondoll I-Phone
case … |
| 19-8915 |
Robert Eugene Glassgow v. United States |
Eighth Circuit |
2020-07-08 |
Denied |
Response WaivedIFP |
28-usc-2255 acquittal aedpa court-of-appeals criminal-procedure double-jeopardy due-process habeas-corpus post-conviction-relief presumption-of-innocence sentencing |
Whether prose defendants since file under 18 U.S.C. § 2255 and are paid back costs by the Court Judge if in be the onus ce oy tt permission of the app… |
| 19-8916 |
Adam Lee Hamilton v. Eileen Ramey, Warden |
Missouri |
2020-07-08 |
Denied |
Response WaivedIFP |
arizona-v-youngblood brady-v-maryland constitutional-authority criminal-procedure due-process exculpatory-evidence first-degree-assault impeachment-evidence missouri-prosecution napue-v-illinois |
The Question(s) Presented are, does the State Of Missour have the authority to deprive petitioner of his libertyunder The Constitution Of The United S… |
| 19-8918 |
Donovan G. Davis, Jr. v. United States |
Eleventh Circuit |
2020-07-08 |
Denied |
Response WaivedIFP |
circuit-court civil-procedure criminal-procedure executive-branch judicial-branch judicial-interpretation property-return rule-41g standing statutory-construction statutory-interpretation |
Federal Rules of Criminal Procedure 41(g) provides for the return of
person's property once it no longera
serves a government purpose in the
prosecu… |
| 19-8919 |
Scott Clevenger v. Shawn Phillips, Warden |
Sixth Circuit |
2020-07-08 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure custodial-interrogation evidence-suppression miranda-rights right-to-counsel self-incrimination suppression-of-evidence |
Whether Petitioner's self-incriminating statements that was given while he was in custodial interigation without him first being notified of his Miran… |
| 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 |
THE APPELANT'S RIGHT TO CONFRONTATION PURSUANT TO THE SIXTH AMENDMENT OF THE UNITED STATES CONSTITUTION WAS VIOLATED AS A RESULT OF INEFFECTIVE ASSIST… |
| 19-8922 |
Amber Renee Craker v. Texas |
Texas |
2020-07-08 |
Denied |
Response WaivedIFP |
administrative-law administrative-proceedings agency-discretion capital-punishment civil-rights criminal-procedure due-process equal-protection ineffective-assistance-of-counsel judicial-review statutory-interpretation |
Was there sufficient evidence to support her capital murder conviction?
Did the Court of Appeals Err in holding Craker's mistaken belief that she kil… |
| 19-8923 |
Bryant Okeff Leggett v. United States |
Sixth Circuit |
2020-07-08 |
Denied |
Response WaivedIFP |
appellate-review burden-of-proof criminal-procedure drug-activity drug-house evidence judicial-discretion sentencing-enhancement sentencing-guidelines trial-court-error |
I. The district court applied a two-level enhancement for maintaining a drug house. This was applied despite no evidence being presented that Mr. Legg… |
| 19-8927 |
Alfred Brian Mitchell v. Tommy Sharp, Warden |
Tenth Circuit |
2020-07-08 |
Denied |
IFP |
age-of-culpability cognitive-science constitutional-vagueness criminal-procedure cruel-and-unusual-punishment death-penalty due-process eighth-amendment sentencing-aggravator standing statutory-interpretation |
1. Given this Court's prior ruling that the text of Oklahoma's "heinous, atrocious, or cruel" death-penalty aggravator is unconstitutionally vague, is… |
| 19-8928 |
Oscar Campos-Lagunas, aka Jose Lopez-Lomali, aka Carlos Ortiz, aka Orbelin Lagunas Campos, aka Carlos Laguna Campos, aka Oscar Laguan Campos, aka Norbelio Campos-Lagunas, aka Carlo Garcia, aka Orbelin Campos v. United States |
Fifth Circuit |
2020-07-08 |
Denied |
Response WaivedIFP |
apprendi-rule constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment judicial-interpretation precedent-review sentencing sixth-amendment statutory-interpretation supreme-court-review |
Whether this Court should consider the continuing validity of Almendarez-Torres v. United States, 523 U.S. 244 (1998), in light of the reasoning of Ap… |
| 19-8930 |
Reginald L. Dunahue v. Wendy Kelley, Director, Arkansas Department of Correction, et al. |
Eighth Circuit |
2020-07-08 |
Denied |
Response WaivedRelisted (2)IFP |
8th-amendment civil-rights constitutional-law criminal-procedure due-process habeas-corpus judicial-review prison-conditions qualified-immunity standing |
Th C Ab
Petitioner Appointment Of Caunsel?
n il Co
y iA gi
Wendy kelley Mashall Red Jy Andw
icials
he CAy
Cancurring withhe . istrict Court' misl?
… |
| 19-1474 |
Tyler Herndon v. Pennsylvania |
Pennsylvania |
2020-07-08 |
Denied |
Response Waived |
collateral-order-doctrine criminal-procedure due-process habeas-corpus habeas-corpus-relief hearsay-evidence right-to-counsel sixth-amendment |
A. Whether the Pennsylvania Supreme Court's refusal to review the Trial Court's Denial Order on a Petition for Habeas Corpus Relief, in a case where a… |
| 19-1465 |
Robert Marcelis v. Pennsylvania |
Pennsylvania |
2020-07-07 |
Denied |
Response Waived |
criminal-defendant criminal-procedure increased-sentence jury-finding jury-trial prior-convictions reasonable-doubt sentencing-enhancement sixth-amendment |
Does the sixth amendment require a jury finding beyond a reasonable doubt that a criminal defendant has one or more prior convictions before an increa… |
| 19-8847 |
Michael D. Nixon v. United States |
Sixth Circuit |
2020-07-07 |
Denied |
Response WaivedIFP |
18-USC-3006A constitutional-rights criminal-procedure due-process expert-witness funding-denial geo-location indigent-defendant sixth-amendment statutory-interpretation |
Whether Michael D. Nixon's constitutional rights were violated when the District Court failed to grant him, an indigent defendant, funding for a geo-l… |
| 19-8906 |
Nathan Matthew Kinard v. Michael Hoffman, et al. |
Eleventh Circuit |
2020-07-07 |
Denied |
IFP |
abuse civil-rights commitment-procedures constitutional-rights criminal-procedure custody due-process habeas-corpus individual-liberty mental-health |
Were the witness statements and emails considered?
How many others were tortured into taking a plea while in Escambia County Jails protective custody… |
| 19-8910 |
Trinity Rolando Cabezas-Montano v. United States |
Eleventh Circuit |
2020-07-07 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure due-process evidence fifth-amendment miranda-rights post-arrest-statement pre-miranda-statement self-incrimination |
Whether the prosecution violates the Fifth Amendment to the United States Constitution when they use a Defendant's pre-Miranda, post-arrest statements… |
| 19-8911 |
Lee Montez Thompson v. United States |
Fifth Circuit |
2020-07-07 |
Denied |
Response WaivedIFP |
certiorari criminal-procedure davis-v-united-states district-court due-process habeas-corpus plain-error pleading-defendant reasonable-probability rehaif-v-united-states sentencing |
I. Whether there is a reasonable probability of a different result in the event that the court below is instructed to reconsider the decision in light… |
| 19-8912 |
Giezi Arce-Calderon v. United States |
First Circuit |
2020-07-07 |
Denied |
Response WaivedIFP |
abuse-of-discretion criminal-procedure criminal-sentencing due-process guideline-range guideline-sentence judicial-discretion plea-agreement plea-bargaining sentencing sentencing-guidelines substantive-reasonableness |
A. Whether the sentence imposed on Mr. Arce is substantively unreasonable, despite being a guideline sentence of six months, where the parties agreed … |
| 19-8898 |
Angelo Peter Efthimiatos v. United States |
Second Circuit |
2020-07-06 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
appellate-circuit-split calendar criminal-procedure district-court district-court-discretion jury-selection presentation-of-evidence speedy-trial-act trial-delay uniformity |
Whether the Speedy Trial Act permits district courts to conduct jury selection within the time limits of the speedy trial clock but delay presentation… |
| 19-8900 |
Jeffrey Chleo Brown v. United States |
Fifth Circuit |
2020-07-06 |
Denied |
IFP |
appellate-preservation circuit-split criminal-procedure district-court-procedure factual-dispute factual-objection legal-sufficiency preservation-of-appeal procedural-error sentencing sentencing-objection standard-of-review |
Is a factual objection at sentencing sufficient to preserve for appeal the district court's failure to resolve the ensuing dispute? |
| 19-8902 |
Rafael Antonio Patino-Villalobos v. United States |
Eleventh Circuit |
2020-07-06 |
Denied |
Response WaivedIFP |
acknowledgement criminal-procedure defense-counsel district-court federal-rules-of-criminal-procedure invited-error legal-doctrine procedural-waiver rule-52(b) sentencing |
Whether defense counsel's acknowledgement of the district court's statement during sentencing constitutes an affirmative, intentional, deliberate, and… |
| 19-8896 |
Melodio Reyes v. United States |
Fifth Circuit |
2020-07-05 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure due-process equal-protection sentencing statutory-interpretation |
Question not identified. |
| 19-8895 |
Dario M. Rodriguez v. Alan Lawson, Justice, Supreme Court of Florida, et al. |
Eleventh Circuit |
2020-07-03 |
Denied |
IFP |
appellate-review civil-procedure civil-rights constitutional-rights criminal-procedure due-process federal-courts indigent-appeal pro-se procedural-restrictions standing |
1) I F it Confuses my litagation
under Distr
ict court rute 636. jurisdiction , powers
and temporany assigwment 5b). a judge has
power to desigrate a … |
| 19-8842 |
Angel Prado v. United States |
Third Circuit |
2020-07-02 |
Denied |
Response WaivedIFP |
appellate-review civil-rights constitutional-provisions constitutional-review criminal-procedure due-process judicial-discretion jurisdiction search-and-seizure sentencing-standards speedy-trial |
The ticket was Printed 9:56 the WArNiNg An sva CCourt Distriet The Middle recorded stop 9:58AM. Was MHX agree Lindsay D Trooper IN for ISoue the Momen… |
| 19-8846 |
David Nowakowski v. Pennsylvania |
Pennsylvania |
2020-07-02 |
Denied |
IFP |
criminal-network criminal-organizations criminal-procedure district-attorney inchoate-crimes organized-crime prosecutorial-discretion racketeering |
Where a private criminal plaintiff is ignored by a local District Attorney's Office, in the presence of criminality from racketeering, inchoate crimes… |
| 19-8883 |
Nathan E. Gundy v. United States |
Eleventh Circuit |
2020-07-02 |
Denied |
Response WaivedIFP |
8th-amendment civil-rights constitutional-law criminal-procedure criminal-prosecution due-process eighth-amendment fair-trial judicial-discretion standing trial-rights |
1. Whether The 6X Amendment of The United States
Constitution Bids are Guaranteed TO O Farr Thlah
TA alk erimwale ProsecahAs or Gust wheal a Sudge
dee… |
| 19-8887 |
Maria Pena-Rivera v. United States |
Ninth Circuit |
2020-07-02 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure district-court evidence-admissibility evidence-admission evidentiary-standard federal-rules-of-evidence judicial-error rule-403 rule-404(b) |
Is it error by the district court to fail to enumerate the specific basis for allowing evidence pursuant for Federal Rule of Evidence section 404(b) s… |
| 19-1453 |
Michigan v. Gerald Raynard Fuller |
Michigan |
2020-07-02 |
Denied |
|
acquittal acquittal-consideration acquitted-conduct conflict-of-authority criminal-procedure due-process federal-circuits judicial-discretion preponderance-of-evidence sentencing sentencing-guidelines sentencing-standards state-courts |
The federal circuit courts have uniformly held that a sentencing judge may consider conduct for which the defendant has been acquitted, and this Court… |
| 19-1447 |
Yehudi Manzano v. United States |
Second Circuit |
2020-07-01 |
Denied |
Amici (1) |
18-usc-3731 circuit-split criminal-appeals-act criminal-procedure interlocutory-appeal jurisdiction jurisdictional-basis jury-nullification mandamus writ-of-mandamus |
1. Whether the United States may seek a writ of mandamus in a criminal case to bring an interlocutory appeal that is not permitted by 18 U.S.C. § 3731… |
| 19-8871 |
Joshua Adam Schulte v. William P. Barr, Attorney General, et al. |
Second Circuit |
2020-07-01 |
Denied |
Response WaivedIFP |
administrative-law civil-rights constitutional-rights criminal-procedure due-process fourth-amendment habeas-corpus probable-cause search-and-seizure standing |
Does an aggrieved party have no right to appellate review of a Closed 28 U.S.C. §2241 pretrial habeas corpus civil action Challenging Pretrial Conditi… |
| 19-8873 |
Efrain Diaz, Jr. and Justin Smith v. Kentucky |
Kentucky |
2020-07-01 |
Denied |
Response RequestedResponse WaivedRelisted (3)IFP |
criminal-defendant criminal-procedure death-penalty due-process eighth-amendment justiciability party-presentation procedural-due-process standing-doctrine |
1. Does the requirement in Lujan v. Defs. of Wildlife , 504 U.S. 555, 560 (1992), that a litigant have suffered an "actual or imminent" injury apply t… |
| 19-8875 |
David Gerard Jones v. Louisiana |
Louisiana |
2020-07-01 |
Denied |
Response RequestedResponse WaivedRelisted (3)IFP |
constitutional-rights criminal-procedure due-process fourteenth-amendment jury-trial non-unanimous-verdict remand sixth-amendment |
Whether petitioner's conviction based upon a non-unanimous verdict violated the Sixth and Fourteenth Amendments to the United States Constitution?
Wh… |
| 19-8876 |
Solomon Jalloh v. United States |
Ninth Circuit |
2020-07-01 |
Denied |
Response WaivedIFP |
apprendi apprendi-rule common-law common-law-tradition criminal-procedure criminal-sentencing jury-findings loss-calculation restitution sentencing |
Whether under Apprendi, the maximum restitution that can be imposed without additional jury findings as to any amount of loss is zero, consistent with… |
| 19-8877 |
Patrick D. Lomas v. United States |
Fifth Circuit |
2020-07-01 |
Denied |
Response WaivedIFP |
abuse-of-discretion criminal-procedure discretion fair-sentencing-act first-step-act judicial-discretion section-404 sentencing sentencing-reduction statutory-interpretation |
i.
Did the District Court abuse it's Discretion when it denied Petitioner's
Motion seeking a reduction of Sentence under Section 404(b) of the First S… |
| 19-8879 |
Gurminder Sekhon v. California |
California |
2020-07-01 |
Denied |
Response WaivedIFP |
appellate-review civil-procedure civil-rights constitutional-rights criminal-procedure due-process eighth-amendment excessive-fines judicial-process standing trial-transcript |
DiD THE TRIAL COURT VIOUATE PETITIONER'S RIGHT TO PRESENT A DEFENSE UNDER BOTH STATE ANJ FEDERAL CONSTiTUTIONS?
IN LIGHT OF JACKSON v. VIRGINA, WAS T… |
| 19-8885 |
Juan Leonardo Cadenas-Urena v. United States |
Fifth Circuit |
2020-07-01 |
Denied |
Response WaivedIFP |
controlled-substance criminal-procedure drug-manufacturing due-process evidence evidence-sufficiency jury-verdict premises-liability sentencing-guidelines sufficiency-of-evidence |
1) DID THE PANEL ERR BY HOLDING THAT THE EVIDENCE IS SUFFICIENT TO SUSTAIN THE JURY'S GUILTY VERDICT?
2) DID THE PANEL ERR BY UPHOLDING THE APPLICATI… |
| 19-8886 |
Jon Edward Erickson v. Thomas E. Collins, Judge, Superior Court of Arizona, Cochise County, et al. |
Arizona |
2020-07-01 |
Denied |
Relisted (2)IFP |
5th-amendment 6th-amendment appeal appellate-review constitutional-rights criminal-procedure double-jeopardy due-process trial-record trial-records |
Question One
Did the trial court error in violating the petitioner's 5th and 14th Amendment rights to appeal the petitioner's first conviction, by fai… |
| 19-8861 |
Fikri Aptiliasimov v. Pennsylvania |
Pennsylvania |
2020-06-30 |
Denied |
IFP |
constitutional-law constitutional-rights criminal-procedure due-process effective-assistance-of-counsel fourteenth-amendment judicial-bias judicial-impartiality judicial-recusal recusal |
WHETHER THE TRIAL COURT JUDGE"S, A FORMER PROSECUTOR OF APPELLANT'S
PRIOR CRIMINAL TRIAL, REFUSAL TO RECUSE HIMSELF AND HIS SUBSEQUENT
JUDICIAL PART… |
| 19-8868 |
Rodrecas Tims v. United States |
Fifth Circuit |
2020-06-30 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-sentencing federal-sentencing judicial-discretion prison-sentence reasonableness-review sentencing-discretion sentencing-factors sentencing-guidelines sentencing-range sentencing-reasonableness |
Whether the district court ordered an unreasonable 108-month prison sentence under the facts of this case, and under the recommended Sentencing Guidel… |
| 19-8859 |
Brian A. Maus v. Scott Eckstein, Warden |
Seventh Circuit |
2020-06-29 |
Denied |
Response WaivedIFP |
appellate-procedure attorney-withdrawal client-rights counsel-withdrawal criminal-procedure criminal-rights due-process evidence-suppression ineffective-assistance no-merit-brief |
1. Can appellant counsel withdraw off of the petitioners case, because the petitioner wouldn't agree to allow appellate counsel to file a no-merit bri… |
| 19-1432 |
Charles Rainer Sinek v. United States |
Second Circuit |
2020-06-29 |
Denied |
Response Waived |
appeal criminal-procedure due-process federal-rules-of-criminal-procedure jury-instructions prejudice rule-30 summation |
When a district court violates Fed. R. Crim. P. 30 and delivers a jury instruction different than what the parties were told to expect, must a defenda… |
| 19-1424 |
Kevin LeBeau v. United States |
Seventh Circuit |
2020-06-26 |
Denied |
Response Waived |
bank-fraud criminal-procedure due-process jury-instructions materiality restitution seventh-circuit strickland strickland-claim strickland-v-washington |
1. Was the omission of the concept of materiality from the bank fraud elements instruction error requiring a new trial?
2. Did the Seventh Circuit er… |
| 19-1429 |
David Pena, III v. Texas |
Texas |
2020-06-26 |
Denied |
|
4th-amendment automobile-exception criminal-procedure criminal-procedure-4th-amendment-search-and-seizur exclusionary-rule fourth-amendment fruit-of-poisonous-tree fruit-of-the-poisonous-tree miranda-rights probable-cause search-and-seizure |
1. Whether Texas' Third Court of Appeals Erred by Finding that the Items Found in the Trunk of Petitioner's Car Did Not Constitute Fruit of the Poison… |
| 19-8822 |
Eddie Montero v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2020-06-26 |
Denied |
Response WaivedIFP |
civil-rights constitutional-law criminal-procedure due-process fourth-amendment search-and-seizure |
WHETHER A NEW INTERVENING JUDGMENT AND SENTENCE RESTARTS THE ONE YEAR STATUTE OF LIMITATIONS FOR HABEAS CORPUS PETITIONS FILED BY STATE PRISONERS?
WH… |
| 19-8823 |
Alex Joseph Pedrin, Jr. v. United States |
Ninth Circuit |
2020-06-26 |
Denied |
Response WaivedIFP |
certificate-of-appealability criminal-procedure due-process evidentiary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct stash-house-sting |
Was Mr. Pedrin prejudiced by both the individual and cumulative impact of 1.) multiple deficiencies or errors by counsel during the pretrial, plea, tr… |
| 19-8825 |
Edgardo Navarro v. United States |
Fifth Circuit |
2020-06-26 |
Denied |
Response WaivedIFP |
almendarez-torres apprendi criminal-procedure indictment notice-clause prior-conviction sentencing-enhancement sixth-amendment |
I. Can a sentencing court, consistent with the Sixth Amendment's Notice Clause, impose a statutorily enhanced sentence based on the fact of a prior co… |
| 19-8829 |
Anastasia Purnell v. United States |
Ninth Circuit |
2020-06-26 |
Denied |
Response WaivedIFP |
abuse-of-discretion civil-rights criminal-procedure due-process federal-rules federal-rules-of-criminal-procedure judicial-interpretation pro-se rule-of-law standing |
SHOULDENT A COURT BE HELD RESPONSIBLE FOR ITS ABUSE OF DESCRETION WHEN IT FAILS TO
FOLLOW THE RULE OF LAW AS IT IS WRITTEN???
SHOULDENT A RULE OF LA… |
| 19-8830 |
Justin Michael Oxendine v. United States |
Fourth Circuit |
2020-06-26 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review circuit-court criminal-procedure due-process federal-sentencing federal-sentencing-guidelines judicial-discretion legal-standard sentencing sentencing-guidelines upward-variance |
Whether the district court abused its discretion by varying upward when an applicable guideline provision addressed conduct that formed part of the ra… |
| 19-8832 |
Stefan Van Der End v. United States |
Second Circuit |
2020-06-26 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
criminal-procedure due-process jury-trial maritime-law nationality sixth-amendment |
1. Whether the Fifth and Sixth Amendments are violated by the provision of the Maritime Drug Law Enforcement Act, 46 U.S.C. § 70504(a), precluding jur… |
| 19-8833 |
Christopher Mann v. Maryland |
Maryland |
2020-06-26 |
Denied |
Response WaivedIFP |
abuse-of-discretion constitutional-review criminal-appeal criminal-procedure ineffective-assistance ineffective-assistance-of-counsel maryland-court-of-appeals prejudice strickland-prejudice strickland-test weaver-precedent weaver-v-massachusetts |
Has the Maryland Court of Appeals abused its discretion by applying Weaver v. Massachusetts(, 137 S. Ct. 1899 (2017)) to mandate looking at the streng… |
| 19-8837 |
Donnie Wayne Nipper v. United States |
Fourth Circuit |
2020-06-26 |
Denied |
Response WaivedIFP |
armed-career-criminal criminal-procedure double-jeopardy ex-post-facto jurisdictional-waiver sentencing sentencing-enhancement statutory-interpretation united-states-constitution |
Should Mr. Nipper be resentenced without an armed career criminal enhancement to his guideline range where the government failed to allege prior convi… |
| 19-8839 |
Clayton D. Morrow v. Florida |
Florida |
2020-06-26 |
Denied |
Response WaivedIFP |
brady-material brady-v-maryland criminal-procedure ineffective-assistance ineffective-assistance-of-counsel missouri-v-frye newly-discovered-evidence plea-bargaining plea-offer public-records-request |
Does a public records request meet the criteria to establish a newly discovered evidence claim as Brady v. Maryland 1, does; especially when the infor… |
| 19-8800 |
Justice Jerrell Knight v. Alabama |
Alabama |
2020-06-25 |
Denied |
IFP |
capital-punishment constitutional-rights criminal-procedure due-process equal-protection jury-prejudice prejudicial-evidence racial-bias sentencing |
In a capital case in which the defendant's jury observes him in shackles and jail clothing, and multiple members of the jury expressed the belief that… |
| 19-8812 |
Alfonso Pineda-Hernandez v. United States |
Seventh Circuit |
2020-06-25 |
Denied |
Response WaivedIFP |
constitutional-question constitutional-rights court-interpretation criminal-procedure defendant-rights due-process fair-trial interpretation translation translation-rights |
Under what circumstances does a live, in-court translation violate a criminal defendant's due process rights? |
| 19-8815 |
Jose Armando Nunez-Lopez v. United States |
Fifth Circuit |
2020-06-25 |
Denied |
Response WaivedIFP |
8-usc-1326 almendarez-torres apprendi criminal-procedure due-process sentencing |
1. Whether this Court should consider the continuing validity of Almendarez-Torres v. United States, 523 U.S. 244 (1998), in light of the reasoning of… |
| 19-8817 |
Barry Lalane Harrell v. United States |
Fifth Circuit |
2020-06-25 |
Denied |
Response WaivedIFP |
above-range criminal-procedure district-court justification policy-statement sentencing |
I. Whether the district court erred when it sentenced Petitioner significantly above the policy statement range without adequate justification? |
| 19-1421 |
Michael Wilford LaFlamme v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2020-06-25 |
Denied |
Relisted (2) |
6th-amendment bias constitutional-rights criminal-procedure due-process evidence evidence-admission expert-testimony judicial-discretion jury-selection jury-selection-bias law-enforcement law-enforcement-bias trial-procedure voir-dire |
1. ) Was Petitioner prejudiced When Several Prospective furors
Withheld Crucial Information Pertaining To Employment As Law
Enforcement When Asked D… |
| 19-8798 |
Rafeeq Salahuddin v. David Shinn, Director, Arizona Department of Corrections |
Arizona |
2020-06-24 |
Denied |
Relisted (2)IFP |
appeal-rights batson-rule civil-rights constitutional-rights criminal-procedure due-process equal-protection jury-selection legal-procedure retroactivity |
whether a state count of last resort has power to destroy a
dependant's constitutional vight to trial by jury whosemember's
are selected by non-discri… |
| 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 … |
| 19-8772 |
Mario Torres v. Mike Hansen, et al. |
Ninth Circuit |
2020-06-23 |
Denied |
IFP |
42-usc-1983 brady-violations civil-rights constitutional-rights criminal-procedure cruel-and-unusual-punishment discovery discovery-deprivation due-process eighth-amendment fair-trial |
Whether Contra Costa County California's blanket policy of depriving a criminal defendant, the facts and the evidence (exculpatory or otherwise), surr… |
| 19-8788 |
Travis Job v. United States |
Ninth Circuit |
2020-06-23 |
Denied |
Response WaivedIFP |
apprendi-rule constitutional-interpretation criminal-procedure criminal-sentencing due-process judicial-review prior-conviction prior-criminal-conduct sentencing-enhancement statutory-maximum statutory-minimum |
Whether the Court should overrule the holding of Almendarez-Torres v. United States, 523 U.S. 224 (1998), which provides an exception to the rule of A… |
| 19-8790 |
Christina Ann Whichard v. United States |
Fifth Circuit |
2020-06-23 |
Denied |
Response WaivedIFP |
vacate the sentence and remand to the Fifth Circu certiorari criminal-procedure due-process fifth-circuit haymond-precedent sentence-vacatur sentencing supreme-court-review united-states-v-haymond |
Whether this Court should grant certiorari, vacate the sentence and remand to the Fifth Circuit for reconsideration in light of United States v. Haymo… |
| 19-8791 |
Jose Angel Vasquez-Soto v. United States |
Fifth Circuit |
2020-06-23 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum |
Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 19-8794 |
Casey Rafael Tyler v. Erik A. Hooks, Warden |
Fourth Circuit |
2020-06-23 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-possession criminal-procedure due-process habeas-corpus jurisdictional-requirements restitution territorial-jurisdiction |
HAVE NORTH CAROLINA COURTS REAAOVED THE BURDEN OF PROOF
Altogether in criminal Possession cases ?
What decides A criminal court 's territorial Jurisd… |
| 19-8769 |
Daryll Shumake v. Virginia |
Fourth Circuit |
2020-06-22 |
Denied |
Relisted (2)IFP |
constitutional-rights criminal-procedure due-process exculpatory-evidence fair-trial ineffective-assistance-of-counsel investigative-report jurisdiction prosecutorial-misconduct trial-court |
Question not identified. |
| 19-8771 |
Michael A. Risenhoover v. William Muniz, Warden |
Ninth Circuit |
2020-06-22 |
Denied |
Response WaivedRelisted (2)IFP |
28-years-to-life criminal-procedure due-process first-degree-murder first-time-offender judicial-discretion murder prior-criminal-history proportionality public-message sentencing sentencing-guidelines |
1) Does SENTENCING A FIRST TIME OFFENDER WITHOUT HAS NO PRIOR CRIMINAL HISTORY TO 28 YEARS TO LIFE SEND A DANGEROUS MESSAGE TO THE PUBLIC AND FUTURE O… |
| 19-8773 |
Quincy Harrison v. Vance Laughlin, Warden |
Georgia |
2020-06-22 |
Denied |
IFP |
armed-robbery constitutional-rights criminal-procedure double-jeopardy due-process firearm jurisdiction vehicle-theft |
Vx^W+W -fk* fi-f+K A/vi&mdimior op reunited
S^Tcte S Constitv^t)'Double ^Jeopardy (LlauSe, I 5
V l^lcrte^i VJh'eve peWf/oner charged O-nd Con \Jicied… |
| 19-8777 |
In Re Garvester Bracken |
|
2020-06-22 |
Dismissed |
IFP |
article-iii article-iii-jurisdiction criminal-procedure due-process judicial-determination jurisdiction probable-cause removal standing trial-court-jurisdiction |
WHETHER IN ABSENCE OF DEFENDANT AND DEFENSE COUNSEL HAVING NOT BEEN PERSONALLY PRESENT DURING ANY STAGE OF THE TRIAL PROCEEDINGS DID THE TRIAL COURT H… |
| 19-8751 |
Paramjit Singh Basra v. Washington |
Washington |
2020-06-19 |
Denied |
Response WaivedIFP |
abuse-of-authority appellate-remedy criminal-conviction criminal-procedure double-jeopardy due-process judicial-abuse state-judiciary statutory-duty |
1.) Is it lawfully permissible for a State to convict a person twice for a single crime?
2.) Is it lawfully permissible for a State's Judiciary to ab… |
| 19-8755 |
Levi West v. United States |
Sixth Circuit |
2020-06-19 |
Denied |
Response WaivedIFP |
apprendi-doctrine armed-career-criminal-act constitutional-interpretation conviction-records criminal-procedure jury jury-trial sentencing sentencing-enhancement sixth-amendment |
The Armed Career Criminal Act enhances the statutory penalty for a firearms offense when the offender has three predicate convictions for crimes that … |
| 19-8757 |
George W. Gibbs v. Robert LeGrand, Warden, et al. |
Ninth Circuit |
2020-06-19 |
Denied |
Response WaivedIFP |
charge-severance child-sex-assault clearly-erroneous counsel-error criminal-procedure drug-counts ineffective-assistance ineffective-assistance-of-counsel ninth-circuit-review prejudice prejudicial-joinder severance |
Whether the Ninth Circuit's rejection of Gibbs's ineffective assistance of counsel claim was clearly erroneous when the court mistakenly concluded Gib… |
| 19-8759 |
Terry Dale Ray v. United States |
Tenth Circuit |
2020-06-19 |
Denied |
Response WaivedIFP |
4th-amendment 5th-amendment constitutional-procedure criminal-procedure due-process exclusionary-rule interrogation-rights mental-health miranda-rights miranda-warning |
When a suspect with a history of mental health illness known to law enforcement makes incriminating statements in violation of Miranda, does the Const… |
| 19-8760 |
Stefan Stewart v. Florida |
Florida |
2020-06-19 |
Denied |
Response WaivedIFP |
conflict-of-interest criminal-procedure cross-examination due-process ineffective-assistance right-to-counsel sixth-amendment trial-court-discretion witness witness-representation |
A) When the defense attorney previously represented the states key witness who now has conflicting interests with the defendant, does this amount to a… |
| 19-8765 |
Tizazu F. Arega v. Lisa L. Sadler, Judge, et al. |
Ohio |
2020-06-19 |
Denied |
IFP |
14th-amendment conviction criminal-procedure due-process evidence judicial-review jury-instructions jury-misconduct legal-sufficiency sexual-intercourse trial-procedure verdict-validity |
PFrTTrSSp^t™ nl intercourse and the jury returned verdict findingSS 1KHSMafaSy 0™88 SS-HH 1™ THE JUHY HAD MOT BHM |
| 19-8696 |
Frank DiTomasso v. United States |
Second Circuit |
2020-06-18 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure due-process fair-trial free-speech ineffective-counsel prosecutorial-misconduct sentencing standing |
,and there is not even an attempt to
sked for,e.g.pictures or video,
2
get any picturer or videos?
.There is a bold lie Tald to the grand jury in firs… |
| 19-8697 |
Shiron Deshane Davis v. Oklahoma |
Oklahoma |
2020-06-18 |
Denied |
IFP |
appellate-review civil-procedure constitutional-law criminal-procedure evidence exclusionary-rule fourth-amendment judicial-review legal-jurisdiction search-and-seizure standing statutory-interpretation |
Question not identified. |
| 19-8740 |
Anthony J. Williams v. Louisiana |
Louisiana |
2020-06-18 |
Denied |
Response RequestedResponse WaivedRelisted (3)IFP |
constitutional-law constitutional-rights criminal-procedure due-process fourteenth-amendment jury-trial non-unanimous-verdict sixth-amendment |
Whether petitioner's conviction based upon a non-unanimous verdict violated the Sixth and Fourteenth Amendments to the United States Constitution?
Wh… |
| 19-8743 |
Jeremiah Lee Guerra v. United States |
Fifth Circuit |
2020-06-18 |
Denied |
Response WaivedIFP |
case-precedent court-decision criminal-procedure harmless-error judicial-instruction legal-review precedent reasonable-probability reconsideration remand sentencing standard-of-review |
Whether there is a reasonable probability of a different result in the event that the court below is instructed to reconsider the decision in light of… |
| 19-8747 |
Robert Neil Coronado v. Amanda Stinson, Warden, et al. |
Tenth Circuit |
2020-06-18 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure due-process evidence evidence-suppression fourth-amendment judicial-integrity search-and-seizure standing statutory-provisions |
I.
Was a proceduval vialation due process Committed by the Cout of Appeals in failing to quant Certificate of Appealability or a an Evidentiary Hearin… |
| 19-8723 |
Shane P. Irish v. Ohio |
Ohio |
2020-06-17 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process incarceration indictment sixth-amendment speedy-trial waiver |
Whether the speedy trial guarantee of the Sixth Amendment to the U.S. Constitution applies to an accused serving a prison sentence on a prior offense?… |
| 19-8727 |
Felton Ladell Humphries, Jr. v. S. Sherman, Warden |
Ninth Circuit |
2020-06-17 |
Denied |
Response WaivedIFP |
certificate-of-appealability constitutional-rights criminal-procedure due-process first-degree-murder jury-instruction self-defense voluntary-manslaughter |
DOES HUMPHRIES HAVE A FUNDAMENTAL RIGHT GUARANTEED BY THE FIFTH, SIXTH, AND FOURTEENTH AMENDMENTS TO A PROPERLY INSTRUCTED JURY DETERMINING THAT ALL E… |
| 19-8731 |
Edson Gelin v. United States |
Eleventh Circuit |
2020-06-17 |
Denied |
Response WaivedIFP |
buyer-seller criminal-law criminal-procedure evidence-law fair-trial judicial-discretion jury-instruction jury-instructions theory-of-defense |
WHETHER THE DEFENSE IS ENTITLED TO A BUYER-SELLER JURY INSTRUCTION WHEN THE INSTRUCTION IS PART OF THE THEORY OF DEFENSE AND OTHERWISE NECESSARY FOR A… |
| 19-8732 |
Efrain Leyva Hernandez v. United States |
Ninth Circuit |
2020-06-17 |
Denied |
Response WaivedIFP |
abuse-of-discretion accurate-information criminal-procedure due-process judicial-discretion ninth-circuit record sentencing speculative-inference speculative-inferences |
Does a district court violate a defendant's due process right to be sentenced based on accurate information and abuse its discretion when it imposes a… |
| 19-8736 |
Linda Renae Clark v. Washington |
Washington |
2020-06-17 |
Rehearing |
Response WaivedRelisted (2)IFP |
adversarial-testing constitutional-rights criminal-procedure ineffective-assistance-of-counsel judicial-misconduct prosecutorial-evidence public-defender recusal sixth-amendment |
1. Whether a criminal defendant's Sixth Amendment rights are violated when a public defender fails to independently investigate the criminal charges a… |
| 19-8716 |
Eric Martin Pepke v. United States |
Fourth Circuit |
2020-06-16 |
Denied |
Response WaivedRelisted (2)IFP |
appellate-jurisdiction civil-procedure civil-rights criminal-procedure district-court due-process fourth-circuit habeas-corpus judicial-review standing |
Did the Eastern District of North Carolina err in summarily dismissing Pepke's motion under Rule 12(b)(6) to challenge the constitutionality of 18 U.S… |
| 19-8719 |
Brown Laster, Jr. v. United States |
Eleventh Circuit |
2020-06-16 |
Denied |
Response WaivedIFP |
appellate-review circuit-conflict circuit-split court-of-appeals criminal-procedure harmless-error judicial-precedent kotteakos-standard kotteakos-v-united-states sentencing uniformity |
1. Whether the Eleventh Circuit entered a decision that conflicts with this Court's precedent in Kotteakos v. United States, 328 U.S. 750, 66 S.Ct. 12… |
| 19-8722 |
Margaret Morris-Calderon v. The James Randi Educational Foundation |
California |
2020-06-16 |
Denied |
Response WaivedIFP |
civil-rights constitutional-law criminal-procedure due-process fourth-amendment search-and-seizure |
Question not identified. |
| 19-8702 |
Billy Edward Sedberry v. United States |
Fifth Circuit |
2020-06-15 |
Denied |
Response WaivedIFP |
base-offense-level criminal-procedure drug-quantity judicial-fact-finding jury-trial methamphetamine sentencing sentencing-guidelines sixth-amendment |
1. Whether the district court procedurally erred in miscalculating Sedberry's drug quantity base offense level.
2. Alternatively, whether the distric… |
| 19-8703 |
David Sosa-Baladron, et ux. v. United States |
Sixth Circuit |
2020-06-15 |
Denied |
Response WaivedIFP |
criminal-procedure due-process evidence jury-instructions obstruction-of-justice sentencing-guidelines |
I. Did a fatal variance occur when the charge was of one conspiracy but the proofs were of two, one of which there was no evidence of Petitioners' inv… |
| 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 |
teVrtA f.W«iS^r^\i oner's tAcVi©A $ciX hho*\o re\\ef 1 ^
AnS^eV* TVie ^uesViorx v^as nc^ ^jAYeSS^ Ae\6b5<eery |
| 19-8706 |
Lester Thomas Butcher v. Texas |
Texas |
2020-06-15 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process evidence-admission harmless-error prosecutorial-misconduct right-to-fair-trial texas trial-fairness |
Question 1.
WILL THIS SUPREME COURT PERMIT TEXAS PROSECUTORS ' CLAIMS
OF "MISTAKE AND INADVERTENCE ", MADE BY PROSECUTORS
BENEFITING FROM SUCH CLAIMS,… |
| 19-8709 |
Gregory Greer v. United States |
Eleventh Circuit |
2020-06-15 |
Judgment Issued |
Amici (1)Response RequestedResponse WaivedRelisted (3)IFP |
circuit-court-of-appeals circuit-court-review criminal-procedure fairness-integrity-public-reputation judicial-fairness plain-error-review rehaif-v-united-states substantial-rights supreme-court-decision trial-record |
Last year, this Court held in Rehaif v. United States, 139 S. Ct. 2191 (2019), that, in a prosecution under 18 U.S.C. §§ 922(g) and 924(a)(2), the gov… |
| 19-8711 |
Willie Dunn v. Louisiana |
Louisiana |
2020-06-15 |
Denied |
Response RequestedResponse WaivedRelisted (3)IFP |
constitutional-rights criminal-conviction criminal-procedure due-process fourteenth-amendment judicial-review jury-trial jury-unanimity sixth-amendment state-courts |
Whether petitioner's conviction based upon a non-unanimous verdict violated the Sixth and Fourteenth Amendments to the United States Constitution?
Wh… |
| 19-8649 |
Angelo Johnson v. United States |
Eighth Circuit |
2020-06-13 |
Denied |
Response WaivedIFP |
acceptance-of-responsibility criminal-procedure due-process guidelines guilty-plea plea-bargaining sentencing sentencing-guidelines u-s-sentencing-commission |
Should a defendant be denied a three-level reduction for acceptance of responsibility under U.S.S.G. § 3E1.1 when the defendant enters a timely guilty… |
| 19-8678 |
Robert Michael Fall v. United States |
Fourth Circuit |
2020-06-12 |
Denied |
Response WaivedIFP |
criminal-procedure due-process exclusionary-rule fourth-amendment multiplicitous-counts reasonable-doubt search-and-seizure standing |
1. Did the District Court and Court of Appeals rely on inapplicable exceptions to the exclusionary rule, violating Mr. Fall's Fourth Amendment rights?… |
| 19-8682 |
Charles Ray Fulmer v. United States |
Fifth Circuit |
2020-06-12 |
Denied |
Response WaivedIFP |
criminal-procedure due-process judicial-review plea-agreement prosecutor prosecutorial-discretion sentencing upward-departure variance |
Whether due process requires remand for specific performance of a plea agreement or, in the alternative, remand for determination of the full terms of… |
| 19-8690 |
Jimmy Lee Wheeler v. Mark S. Inch, Secretary, Florida Department of Corrections |
Florida |
2020-06-12 |
Denied |
Response WaivedRelisted (2)IFP |
civil-procedure civil-rights constitutional-rights criminal-procedure double-jeopardy due-process equal-protection judicial-review sentencing statutory-interpretation structural-error |
The OCR text is too degraded and illegible to accurately extract the "Question(s) Presented" section verbatim. While a "QUESTION(S) PRESENTED" header … |
| 19-8691 |
Jardiel Infante-Caballero v. United States |
Ninth Circuit |
2020-06-12 |
Denied |
Response WaivedIFP |
5th-amendment 6th-amendment criminal-procedure due-process sentencing supervised-release |
1. Whether imposing a supervised release term —which authorizes a court to send Petitioner to prison for an additional prison term beyond the custodia… |
| 19-8692 |
Robert Lee Shields v. United States |
Sixth Circuit |
2020-06-12 |
Denied |
Response WaivedIFP |
buyer-seller buyer-seller-relationship conspiracy criminal-procedure drug-distribution jury-instructions narcotics-law pinkerton-liability substantive-drug-charges |
I. When the evidence in a drug distribution case demonstrates only two sales, what additional factors support an inference of a drug distribution cons… |
| 19-8693 |
Nathan Thomas Trujillo v. United States |
Ninth Circuit |
2020-06-12 |
Denied |
Response WaivedIFP |
abuse-of-discretion criminal-procedure criminal-sentencing district-court-procedure judicial-discretion kimbrough-v-united-states kimbrough-variance policy-grounds sentencing sentencing-guidelines variance |
A. WHETHER THE COURT ERRED IN HOLDING THE DISTRICT COURT DID NOT ABUSE ITS DISCRETION WITH ITS SENTENCE?
B. WHETHER THE COURT ERRED IN HOLDING THE DI… |
| 19-8655 |
Milton Barrios-Alvarado v. United States |
Fifth Circuit |
2020-06-11 |
Denied |
Response WaivedIFP |
Almendarez-Torres-v-United-States Apprendi-v-New-Jersey certiorari criminal-procedure due-process fifth-circuit jury-trial overrule petition sentencing supreme-court writ |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 19-8670 |
Rosalio Ramos Tapia v. United States |
Fifth Circuit |
2020-06-11 |
Denied |
Response WaivedIFP |
case-precedent court-decision criminal-procedure harmless-error judicial-review legal-standard precedent reasonable-probability reconsideration remand sentencing standard-of-review |
I. Whether there is a reasonable probability of a different result in the event that the court below is instructed to reconsider the decision in light… |
| 19-8672 |
Terry Bridges v. Illinois |
Illinois |
2020-06-11 |
Denied |
IFP |
criminal-procedure due-process evidence evidentiary-rules murder-evidence prejudice prejudicial-testimony rehabilitation sentencing trial-court-discretion uncharged-crime |
whether the trial court erred in permitting the state to introduce excessive evidence relating to the murder of keith Slugg, of which Terry Bridges wa… |
| 19-8679 |
Dan Reed v. United States |
Eleventh Circuit |
2020-06-11 |
Denied |
Response RequestedResponse WaivedRelisted (4)IFP |
appellate-review criminal-law criminal-procedure due-process jury-instructions rehaif-standard rehaif-v-united-states status-knowledge statutory-interpretation substantial-rights united-states-v-reed |
In Rehaif v. United States, this Court held that 18 U.S.C. §§ 922(g) and 924(a)(2) require the government to prove that "the defendant knew he possess… |
| 19-1357 |
Robert Angel Perez v. Colorado |
Colorado |
2020-06-11 |
Denied |
Amici (2) |
criminal-defendant criminal-procedure discovery due-process exculpatory-evidence fourteenth-amendment mental-health-records privilege sixth-amendment state-privilege |
Whether, and to what extent, the Sixth and Fourteenth Amendments guarantee a criminal defendant the right to discover potentially exculpatory mental h… |
| 19-1358 |
Michigan v. William Larenzo Shoulders |
Michigan |
2020-06-11 |
Denied |
Response Waived |
alleyne-v-us criminal-procedure criminal-sentencing indeterminate-sentencing jury-determination jury-trial michigan-law michigan-supreme-court parole parole-eligibility sentencing-guidelines sixth-amendment |
In Michigan's "indeterminate" sentencing scheme, judgments of sentence contain two numbers: the minimum number of years the defendant will have to ser… |
| 19-1362 |
Jason Laut v. United States |
Seventh Circuit |
2020-06-11 |
Denied |
|
circuit-split constructive-amendment criminal-procedure fifth-amendment grand-jury-clause plain-error prejudice rule-52b substantial-rights |
The Grand Jury Clause of the Fifth Amendment demands "that a court cannot permit a defendant to be tried on charges that are not made in the indictmen… |
| 19-8653 |
Jose Heriberto Ramirez v. United States |
Fifth Circuit |
2020-06-10 |
Denied |
Response WaivedIFP |
constitutional-law constitutional-standards criminal-procedure due-process independent-review judicial-review legal-principles sentence-reduction sentencing-reduction standard-of-review statutory-interpretation |
Petitioner is challenging all Drugs Minus-Two pursuant to Title 18 U.S.C. § 3582 (c)(2). Reduction of Sentence, Petitioner is eligible to receive the … |
| 19-8658 |
Garian King v. United States |
Fifth Circuit |
2020-06-10 |
Denied |
Response WaivedIFP |
__U.S.__ 140 S.Ct. 762 (2020). court-reconsideration criminal-procedure harmless-error holguin-hernandez judicial-review lower-court-decision precedent reasonable-probability reconsideration remand sentencing standard-of-review supreme-court-precedent |
I. Whether there is a reasonable probability of a different result in the event that the court below is instructed to reconsider the decision in light… |
| 19-8659 |
Steven Adam Segovia v. United States |
Fifth Circuit |
2020-06-10 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure due-process fact-finding federal-sentencing jury-trial reasonable-doubt sentencing |
I. Whether facts that affect the minimum or maximum reasonable federal sentence must be proven to a jury beyond a reasonable doubt? |
| 19-8662 |
Jason Paris Scott v. United States |
Fifth Circuit |
2020-06-10 |
Denied |
Response WaivedIFP |
criminal-law criminal-procedure due-process federal-firearms-law firearm-possession interstate-commerce jurisdictional-element mens-rea statutory-interpretation |
1. Whether 18 U.S.C. §922(g ) authoriz es conviction upon proof that a firearm once crossed state lines at an unspecified prior occasion, when there i… |
| 19-8665 |
Anthony Jackson v. Supreme Court of Illinois |
Illinois |
2020-06-10 |
Denied |
Response WaivedIFP |
case-continuance constitutional-procedure criminal-procedure due-process ends-of-justice judicial-supervisory-authority speedy-trial speedy-trial-rights supervisory-authority trial-tolling unconstitutional void-ab-initio |
1. Whether a court's supervisory authority empowers the court to toll the speedy trial terms in cases not before the court?
a. Whether such supervisor… |
| 19-8623 |
Joshua Charles Lovell Moseley v. Harold W. Clarke, Director, Virginia Department of Corrections |
Fourth Circuit |
2020-06-09 |
Denied |
IFP |
burglary criminal-conviction criminal-procedure dominion-control double-jeopardy due-process equal-protection federalism grand-larceny reasonable-doubt standard-of-review totality-principle |
When Vhe Vwo SVaVe CoorVs arrive aV diVYemanV Conclusions in Vhe same case, should Vhe PeViVioner be given a new Vrial and legal principled o&ln Ola V… |
| 19-8642 |
Christopher Davis v. United States |
Seventh Circuit |
2020-06-09 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure due-process evidence-sufficiency false-evidence grand-jury police-misconduct robbery-identification standing suppression-hearing |
1) Why was denied the Right to subpoeng Indianapalis Metro Dectective's to trfal thart falsified my criminal recond to the Grand Jury: Stating thart I… |
| 19-8643 |
Wallace Eugene Evatt, Jr. v. Michael Stephan, Warden |
Fourth Circuit |
2020-06-09 |
Denied |
Response WaivedIFP |
brady-violation civil-rights criminal-procedure due-process evidence exculpatory-evidence judicial-misconduct prosecutorial-misconduct witness-testimony |
1. Why was the Judge, Jury, and myself not told of Karen Rojas svicidal tendencies and many failed suicide attempts?
2. Is it not a Brady violation t… |
| 19-8646 |
Leonard Griffin v. United States |
Fifth Circuit |
2020-06-09 |
Denied |
Response WaivedIFP |
aggravated-assault armed-career-criminal-act criminal-procedure due-process johnson-precedent johnson-v-united-states resentencing section-2255 sentencing statutory-interpretation violent-felony |
Whether, under the law established by this Court in Johnson v. United States, 135 S.Ct. 2551 (2015), Mr. Griffin should be resentenced without applyin… |
| 19-8650 |
Sebastian Albert Campbell v. Maryland |
Maryland |
2020-06-09 |
Denied |
Response RequestedRelisted (3)IFP |
constitutional-rights criminal-procedure defense-tools due-process fair-trial legal-standard right-to-counsel self-representation trial-fairness |
Did the state of Maryland err by utilizing an improper legal standard in its determination that compelling Petitioner to relinquish his right to self-… |
| 19-8635 |
Kenneth Brown v. Kentucky |
Kentucky |
2020-06-08 |
Denied |
Response RequestedRelisted (2)IFP |
constitutional-rights criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel plea-bargaining plea-withdrawal sixth-amendment strickland-v-washington |
1. Should a court be allowed to deny the withdrawl of a defendant's guilty
plea,- when it is clear that the plea was not entered voluntarily, and
wi… |
| 19-8637 |
Robert Reeves v. Cathleen Stoddard, Warden |
Sixth Circuit |
2020-06-08 |
Denied |
IFP |
constitutional-interpretation constitutional-law criminal-law criminal-procedure double-jeopardy due-process fifth-amendment legislative-override punishment-limitation statutory-interpretation |
Whether the Court should overrule the " legislative override " exception to the Double Jeopardy Clause. |
| 19-8608 |
Kison Robertson v. United States |
Eighth Circuit |
2020-06-05 |
Denied |
Response WaivedIFP |
alternative-evidence appeals appellate-review civil-rights constitutional-rights criminal-procedure due-process evidence evidentiary-ruling judicial-misconduct standing trial-procedure |
1. How does the uis, court of Apperls upholds The District Count Decision to Letin Evidence thatwas not proven to have occurred in the trial Record? E… |
| 19-8618 |
Kareem Daniels v. Georgia |
Georgia |
2020-06-05 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process false-evidence false-testimony fourteenth-amendment misleading-testimony perjury prosecutorial-misconduct |
Under the Fourteenth Amendment, prosecutors may not knowingly secure convictions using false or misleading evidence. This Court has never limited the … |
| 19-8625 |
Dedric Davis v. Florida |
Florida |
2020-06-05 |
Denied |
IFP |
appeal criminal-procedure double-jeopardy due-process judgment-of-acquittal legal-standard motion petitioner standard-of-review sufficiency-of-evidence trial-court |
WHETHER THE TRIAL COURT ERRED IN NOT GRANTING PETITIONER'S MOTION FOR JUDGMENT OF ACQUITTAL |
| 19-8627 |
Isaac Cardenas v. Texas |
Texas |
2020-06-05 |
Denied |
IFP |
burden-of-proof circumstantial-evidence consciousness-of-guilt criminal-procedure due-process evidence inference inference-vs-speculation speculation |
WHETHER THE STATE COURT VIOLATED THE FEDERAL DUE PROCESS CLAUSE WHEN IT VENTURED INTO THE REALM OF MERE SPECULATION WHEN DECIDING AN INSUFFICIENCY OF … |
| 19-8604 |
Dontarius Marquis Hall v. United States |
Fourth Circuit |
2020-06-04 |
Denied |
Response WaivedIFP |
abuse-of-discretion criminal-procedure drug-sentencing due-process ineffective-assistance-of-counsel sentencing |
A. WHETHER THE FOURTH CIRCUIT COURT OF APPEALS ERRED BY DENYING MR. HALL'S MERITORIOUS ARGUMENT THAT THE DISTRICT COURT ABUSED ITS DISCRETION IN DENYI… |
| 19-1338 |
Briley W. Piper v. Darrin Young, Warden |
South Dakota |
2020-06-04 |
Denied |
|
criminal-procedure cumulative-error ineffective-assistance ineffective-assistance-of-counsel jury-trial jury-trial-waiver plea-bargaining pre-plea-advisory prosecutorial-misconduct sixth-amendment sixth-amendment-right-to-jury-trial waiver-of-jury-sentencing waiver-of-jury-trial |
The South Dakota Supreme Court has ruled that Briley did not knowingly and intelligently waive his right to a jury trial. But the South Dakota Supreme… |
| 19-8592 |
Maria Soly Almonte, aka Soly Almonte, aka Soly La Fuerte, aka SoSo, aka SoSo Wavy, aka Soly Montana v. United States |
Second Circuit |
2020-06-03 |
Denied |
Response WaivedIFP |
age-of-consent appellate-review criminal-procedure due-process obstruction-of-justice procedural-reasonableness sentencing-guidelines sentencing-reasonableness substantive-reasonableness |
1. Whether Almonte's sentence was procedurally unreasonable because the district court failed to determine whether she obstructed justice under Guidel… |
| 19-8593 |
Damon Christopher Crim v. Ohio |
Ohio |
2020-06-03 |
Denied |
Response WaivedIFP |
criminal-procedure effective-assistance-of-counsel fourteenth-amendment guilty-plea ineffective-assistance misunderstanding plea-bargain sixth-amendment |
I. When the record reveals that a criminal defendant misunderstands a key element of a plea bargain is his guilty plea void?
II. When defense counsel… |
| 19-8580 |
Lary James Plumlee v. Isidro Baca, Warden |
Nevada |
2020-06-02 |
Denied |
IFP |
constitutional-law criminal-procedure criminal-statute due-process retroactivity statutory-interpretation substantive-rule supreme-court-precedent teague-doctrine welch-v-united-states |
Under the new constitutional rule of retroactivity established in Montgomery v. Louisiana and clarified in Welch v. United States, is a state court re… |
| 19-8588 |
Robert Donelson v. United States |
Eleventh Circuit |
2020-06-02 |
Denied |
IFP |
404(b) circuit-split criminal-case criminal-procedure defendant-rights evidence-rule federal-rules federal-rules-of-evidence prior-act-evidence propensity-evidence propensity-free-link |
Whether Federal Rule of Evidence 404(b)'s prohibition against prior act evidence requires the government to demonstrate a propensity-free link between… |
| 19-8589 |
Ramon Enrique Acosta v. United States |
Eleventh Circuit |
2020-06-02 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-review plea-bargaining sixth-amendment trial-counsel |
Whether reasonable jurists could debate the district court's determination that trial counsel was not constitutionally ineffective with respect to the… |
| 19-8576 |
Franklin Mackensie Robinson v. United States |
Fourth Circuit |
2020-06-01 |
Denied |
Response WaivedIFP |
administrative-record court-of-appeals criminal-case criminal-procedure federal-grand-jury federal-jurisdiction grand-jury jurisdiction jurisdictional-challenge statutory-compliance title-40-usc-s-255 |
Is the Petitioner, Mr. Franklin Robinson, entitled to review The Administrative Record in his criminal case used by The United States of America in or… |
| 19-8579 |
Jonathan Frank Davis v. United States |
Ninth Circuit |
2020-06-01 |
Denied |
Response WaivedIFP |
appeal-waiver constitutional-rights criminal-procedure due-process fifth-amendment guilty-plea plea-bargaining voluntary-plea |
Does an appeal waiver clause bar a criminal defendant from later appealing their conviction on the ground that the guilty plea was not knowing and vol… |
| 19-1328 |
Department of Justice v. House Committee on the Judiciary |
District of Columbia |
2020-06-01 |
Judgment Issued |
Amici (1)Relisted (2) |
criminal-procedure federal-rules federal-rules-of-criminal-procedure grand-jury impeachment impeachment-trial judicial-proceeding legislative-body rule-6(e) rule-interpretation |
Whether an impeachment trial before a legislative body is a "judicial proceeding" under Rule 6(e)(3)(E)(i) of the Federal Rules of Criminal Procedure. |
| 19-1330 |
Michigan v. Juan T. Walker |
Michigan |
2020-06-01 |
Denied |
|
alford-plea collateral-attack criminal-procedure ineffective-assistance-of-counsel lafler-v-cooper perjury plea-bargaining retroactivity |
Respondent maintained his innocence before trial, and testified at the evidentiary hearing ordered by the Michigan Supreme Court on his collateral att… |
| 19-8573 |
David Konepachit v. California |
California |
2020-05-30 |
Denied |
IFP |
civil-rights constitutional-law criminal-procedure cruel-and-unusual-punishment double-jeopardy due-process equal-protection recidivism sentencing sentencing-enhancement |
DOES THE SENATE BILL 1393 INHERENTLY DEPRIVE THE PETITIONER FROM EQUAL PROTECTION OF THE LAWS BECAUSE OF THE AMELIORATIVE STATUTE THAT 1893 AMENDS, LA… |
| 19-8561 |
Jesus Julian Corona-Perez v. United States |
Fifth Circuit |
2020-05-29 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
crime-of-violence criminal-procedure indictment jury-determination jury-trial prior-conviction sentencing sentencing-guidelines statutory-maximum |
I. Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and ei… |
| 19-8562 |
Alexander Rosenblatt v. United States |
Fifth Circuit |
2020-05-29 |
Denied |
Response WaivedIFP |
criminal-procedure district-court paroline-analysis plain-error restitution total-loss victim-loss |
Does a district court's failure to determine the total loss to the victims and its failure to conduct a Paroline analysis before entering an order of … |
| 19-8566 |
John Charles Thompson v. United States |
Fourth Circuit |
2020-05-29 |
Denied |
Response WaivedIFP |
aggregate-imprisonment civil-rights criminal-procedure due-process imprisonment plain-error revocation sentencing sentencing-guidelines supervised-release |
Was it plain err for the Western District of North Carolina to not aggregate Mr. Thompson's multiple revocation active imprisonment sentences then red… |
| 19-8567 |
Thintinus Noseth Taylor v. United States |
Ninth Circuit |
2020-05-29 |
Denied |
Response WaivedIFP |
18-usc-922 2nd-amendment burden-of-proof constructive-possession criminal-procedure criminal-statute due-process firearm-prohibition second-amendment standard-of-proof |
Whether the Ninth Circuit's low burden of proof for possession of a firearm in cohabitation cases extends the scope of 18 U.S.C. § 922(g) beyond its p… |
| 19-8569 |
Brandon S. Wilson v. United States |
Seventh Circuit |
2020-05-29 |
Denied |
Response WaivedIFP |
18-usc-3553(a) 18-usc-3553a abuse-of-discretion criminal-procedure district-court-discretion due-process procedural-error sentencing sentencing-reasonableness supervised-release |
1. Is Mr. Wilson's sentence procedurally and substantively infirm because the district court failed to consider the factors under 18 USC §3553(a) or o… |
| 19-8553 |
Devian Phillips v. Ohio |
Ohio |
2020-05-28 |
Denied |
IFP |
constitutional-rights constitutional-validity contract-law criminal-procedure due-process government-misconduct guilty-plea plea-bargaining plea-inducement prosecutorial-promise |
Whether guilty plea is voluntarily and intelligently made, which rests on a promise or agreement of the prosecutor, which can be said to be part of th… |
| 19-8555 |
James Troiano v. United States |
Ninth Circuit |
2020-05-28 |
Denied |
Response WaivedIFP |
28-usc-2253 certificate-of-appealability circuit-split criminal-procedure federal-appellate-procedure habeas-corpus harmless-error rehaif-error rehaif-v-united-states structural-error |
The Fourth Circuit has held that error under Rehaif v. United States, 139 S.Ct. 2191 (2019), is structural; the Ninth Circuit and other courts routine… |
| 19-8557 |
Kallen E. Dorsett, Jr. v. United States |
Third Circuit |
2020-05-28 |
Denied |
Response WaivedIFP |
criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel plea-bargaining prosecutorial-misconduct sentencing strickland-standard |
1. Does a prosecutor's threat to prosecute a defendant if he withdraws from his guilty plea invalidate the knowing, voluntary and intelligent clause u… |
| 19-8558 |
David Hardman v. United States |
Eleventh Circuit |
2020-05-28 |
Denied |
Response WaivedIFP |
abuse-of-discretion Anders-review appeal-waiver breach-of-plea-agreement criminal-procedure jurisdiction |
DID THE CIRCUIT COURT ERR IN REFUSING TO MAKE A DETERMINATION OF THE VALIDITY OF THE APPEAL WAIVER DURING A REVIEW OF THE RECORD, PURSUANT TO ANDERS v… |
| 19-8560 |
Ricardo Noble v. Pennsylvania |
Pennsylvania |
2020-05-28 |
Denied |
IFP |
abuse-of-discretion appellate-procedure court-order criminal-procedure due-process judicial-discretion legal-appeal motion-correction self-representation sentencing transcript transcript-error |
DID COURT ERR AND ABUSE DISCRETION BY ERRONEOUSLY QUASHING AS UNTIMELY PETITIONER'S OWN MOTION (POCKETED OWN MOTION) APPEAL OF TRIAL COURT'S 08/8/2°/8… |
| 19-8542 |
Brian Lamar Brown v. Nevada, et al. |
Ninth Circuit |
2020-05-27 |
Denied |
Response WaivedIFP |
closing-arguments criminal-procedure criminal-trial due-process fair-trial harmless-error jury-instructions legal-prejudice prosecutorial-misconduct |
Whether the prosecutor committed prejudicial misconduct during closing arguments? |
| 19-8543 |
Carl L. Burdick v. United States |
Second Circuit |
2020-05-27 |
Denied |
Response WaivedIFP |
18-usc-3553 advisory-guidelines criminal-procedure judicial-discretion plea-agreement rita-v-united-states sentencing sentencing-guidelines sentencing-range united-states-v-booker |
Whether the District Court, contrary to precedents of this Court and the United States Court of Appeals for the Second Circuit, accorded the advisory … |
| 19-8544 |
Hubert Carter v. United States |
Eighth Circuit |
2020-05-27 |
Denied |
Response WaivedIFP |
armed-career-criminal-act criminal-procedure judicial-determination jury-trial sentencing sentencing-enhancement sixth-amendment statutory-interpretation |
Does the judicial determination of crimes "committed on occasions different from one another" at sentencing under the Armed Career Criminal Act, 18 U.… |
| 19-8545 |
Duane Blake v. Florida |
Florida |
2020-05-27 |
Denied |
Response WaivedIFP |
appellate-review constitutional-rights criminal-procedure due-process evidence expert-witness jury post-conviction-relief procedural-default |
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| 19-8546 |
Annamalai Annamalai and Parvathi Sivanadiyan v. United States |
Eleventh Circuit |
2020-05-27 |
Denied |
Response WaivedIFP |
bank-fraud constitutional-rights criminal-procedure due-process evidence-sufficiency federal-jurisdiction judicial-error new-trial procedural-misconduct prosecutorial-misconduct |
A. whether the Eleventh circui+ court of Appeals has so
Far departed from the accepted and usual course of
Judicial pvoceedings and/ox sanctioned Such… |
| 19-8548 |
Shawndell Lee Harrison v. United States |
Tenth Circuit |
2020-05-27 |
Denied |
Response WaivedIFP |
circuit-split collateral-review constitutional-law criminal-procedure federal-sentencing habeas-corpus johnson-v-united-states retroactive-rule retroactivity sentencing |
A second or successive motion to vacate, set aside, or correct a federal sentence may be filed if it "contain[s] . . . a new rule of constitutional la… |
| 19-8536 |
In Re Robert P. Russell |
|
2020-05-26 |
Dismissed |
IFP |
criminal-procedure due-process federal-constitutional-right federal-crime federal-habeas habeas-corpus liberty-interest liberty-interests murder-conviction retroactive-application statutory-interpretation successive-motions |
Whether Petitioner Robert Peter Russell ("Russell"), convicted of first degree murder under 18
U.S.C. Section 1, retains a federal constitutional righ… |
| 19-8537 |
Susan Xiao-Ping Su v. United States |
Ninth Circuit |
2020-05-26 |
Denied |
Response WaivedIFP |
appellate-review civil-rights constitutional-law constitutional-procedure criminal-procedure district-court due-process judicial-jurisdiction jurisdiction legal-remedy procedural-error sentencing |
A. whether the Ninth Ciruit should sue sponte vacate or grant
Conviction/sentence becanse ind: ctment alleged certificuateont
of statnte scope aleordi… |
| 19-8540 |
Antwoyn Spencer and Derrick Jerome Spencer v. United States |
Eighth Circuit |
2020-05-26 |
Denied |
Response WaivedIFP |
constitutional-law constitutional-rights criminal-procedure criminal-sentencing due-process fifth-amendment first-step-act resentencing statutory-interpretation |
Whether Petitioners are being deprived of their right to due process of law against law (without due process of law) in violation of the Fifth Amendme… |
| 19-8535 |
Courtney Rashon Johnson v. United States |
Eleventh Circuit |
2020-05-23 |
Denied |
Response WaivedIFP |
civil-rights constitutional-violations criminal-procedure due-process eleventh-circuit federal-review grand-jury habeas-corpus plea-bargaining standing |
1.)
THE 11+CnCUIT conCEDES
thAT JOhUSON SObSTANtiAl RinTS WERE NOT
3tAtOS ElEMENT ANd dENiEd JOHnSON RELEf. BUt ON thE othER hANd thE 4+
CIRCUt COnCED… |
| 19-8524 |
Gregory Preston Coker, Jr. v. United States |
Fourth Circuit |
2020-05-22 |
Denied |
Response WaivedIFP |
administrative-law civil-rights criminal-procedure due-process standing statutory-interpretation |
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| 19-8527 |
Rodney Douglas Eaves v. Colorado Department of Corrections, et al. |
Tenth Circuit |
2020-05-22 |
Denied |
Response WaivedIFP |
5th-amendment affidavit constitutional-rights court-procedure criminal-procedure due-process evidence fifth-amendment probable-cause waiver |
1.) Whether the Fifth Amendment is violated when an unverified Complaint and
Information is used in lieu of a probable cause hearing.
2.) Whether a … |
| 19-8529 |
Darryl Cain v. Randee Rewerts, Warden |
Sixth Circuit |
2020-05-22 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process fair-trial habeas-corpus harmless-error ineffective-assistance judicial-review procedural-default prosecutorial-misconduct witness-credibility |
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3* WWW 4W personal Dpmi… |
| 19-8530 |
Sacorey L. Clark v. United States |
Eighth Circuit |
2020-05-22 |
Denied |
Response WaivedIFP |
criminal-procedure due-process government-duty government-liability judicial-remand legal-claims rehaif rehaif-precedent remand sentencing sentencing-review |
Whether CLARK's Affirmed Sentence & Judgment Must be Vacated in light of REHAIF, 139 S.Ct. 2191 (2019), Then Remanded, Where it is Warranted that CLAR… |
| 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… |
| 19-8516 |
Craig Mrazek v. Illinois |
Illinois |
2020-05-21 |
Denied |
Relisted (2)IFP |
automatic-reversal brady-violation civil-rights constitutional-rights criminal-procedure due-process ineffective-assistance-of-counsel prosecutorial-misconduct reasonable-assistance sixth-amendment |
A. WHETHER COURT'S DISREGARD OF PETITIONER'S ASSERTION A BRADY CLAIM, SPECIFICALLY PER SE CONFLICT WHERE PROSECUTOR AS CURRENTLY IS A STATE PROSECUTOR… |
| 19-8502 |
David Beverly v. Illinois |
Illinois |
2020-05-20 |
Denied |
Response WaivedIFP |
admissibility criminal-procedure facebook facebook-evidence fair-trial other-crimes-evidence plain-error plain-error-doctrine prior-bad-acts prior-conviction rap-lyrics |
1. To determine whether petitioner was denied a fair trial
when the State presented irrelevant evidence that he posted
on Facebook violent rap lyrics… |
| 19-8503 |
Darieus Malik Williams v. United States |
Fifth Circuit |
2020-05-20 |
Denied |
Response WaivedIFP |
administration-of-justice criminal-procedure criminal-sentencing district-court fact-intensive-inquiry federal-criminal-cases fifth-circuit prostitution-enhancement review-standard sentencing-guidelines standard-of-review |
On Appeal DARIEUS MALIK WILLIAMS challenged the district court's finding that he unduly influenced a minor to engage in prohibited sexual conduct such… |
| 19-8504 |
Jose Antonio Garcia v. United States |
Ninth Circuit |
2020-05-20 |
Denied |
Response WaivedIFP |
admission-of-guilt constitutional-law criminal-procedure disposition-agreement due-process judicial-discretion plea-bargaining sentencing supervised-release |
Whether Mr. Garcia's admission to a violation of supervised release in this matter violated due process where the district court failed to clearly inf… |
| 19-8508 |
Javier Villar v. United States |
Eleventh Circuit |
2020-05-20 |
Denied |
Response WaivedIFP |
4th-amendment criminal-procedure exclusionary-rule managerial-role motion-to-suppress probable-cause search-and-seizure sentencing-enhancement standing u-s-sentencing-guidelines |
(1) Whether the District Court and the
Court of Appeals erred in denying the
Defendant's motion to suppress evidence
located in the Appellant's reside… |
| 19-1303 |
Earnest Cassell Woods, II v. California |
California |
2020-05-20 |
Denied |
|
criminal-law criminal-procedure due-process mens-rea murder-conviction natural-probable-consequences resentencing retroactive retroactivity self-defense senate-bill-1437 sentencing statutory-interpretation |
1. DOES SENATE BILL 1437 ADDED SECTION 1170.95, WHICH PERMITS PERSONS CONVICTED OF MURDER UNDER THE NATURAL AND PROBABLE CONSEQUENCES THEORY TO PETITI… |
| 19-1307 |
Edward Thomas, Warden v. William Leroy Barnes |
Fourth Circuit |
2020-05-20 |
Denied |
|
actual-prejudice brecht-v-abrahamson criminal-conviction criminal-procedure due-process federal-habeas-review fourth-circuit habeas-corpus juror-misconduct jury jury-contact precedent-interpretation substantial-effect |
Did the Fourth Circuit misapply this Court's precedents by granting habeas relief where there was no evidence that a juror's contact with a third part… |
| 19-8494 |
Michael Lustig v. United States |
Ninth Circuit |
2020-05-19 |
Denied |
Response WaivedIFP |
civil-procedure constitutional-rights criminal-procedure evidence-suppression exclusionary-rule fourth-amendment fruit-of-poisonous-tree fruit-of-the-poisonous-tree illegal-search search-and-seizure standing |
Question not identified. |
| 19-8485 |
Melvin T. Bell v. United States |
Seventh Circuit |
2020-05-18 |
Denied |
Response WaivedIFP |
constitutional-law constitutional-violation criminal-procedure double-jeopardy due-process final-judgment judicial-review jurisdiction legal-remedy statutory-interpretation |
WHEN A PETITIONER HAS REALIZED, TWO YEARS LATER, AND UNCONSTITUTIONALLY RETRIED FOR THE SAME STATUTORY OFFENSE TO IN THE SAME PROCEEDING, WHICH HAS LE… |
| 19-8487 |
Jerrell Berger v. Robert Adams, Warden |
Eleventh Circuit |
2020-05-18 |
Denied |
IFP |
criminal-procedure due-process ineffective-assistance-of-counsel jury-selection multiple-charges murder-charge sentencing sentencing-decision sixth-amendment trial-court |
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MAKE COE Awe of Lwo chur ses ak he hzen/
Severed! iw My CHASE ana grated by rial unas,
his case Ase in… |
| 19-8490 |
Timmy Stevens v. Emma Collins, Warden |
Sixth Circuit |
2020-05-18 |
Denied |
Response WaivedIFP |
civil-rights constitutional-law criminal-procedure due-process federal-courts habeas-corpus |
Question not identified. |
| 19-8472 |
Wyte Young, Jr. v. Arizona |
Arizona |
2020-05-15 |
Denied |
Response WaivedIFP |
constitutional-claims constitutional-law criminal-procedure cruel-and-unusual-punishment due-process federal-courts federal-review habeas-corpus post-conviction-review procedural-default sentencing state-court-procedure |
1. Did the tral Count vio late petitroverts 5thybthiand i4th arendnvent rights, When it made a Judieial chetermunation,as tothe dangerous nature eleme… |
| 19-8474 |
Brittany Dawn Thomas v. United States |
Fourth Circuit |
2020-05-15 |
Denied |
Response WaivedIFP |
18-usc-3553(e) 18-USC-3553e criminal-procedure district-court judicial-authority mandatory-minimum sentencing sentencing-discretion separation-of-powers statutory-interpretation |
i. DOES A DISTRICT COURTS INABILITY TO DEPART BELOW A MANDATORY MINIMUM UNDER 18 U.S.C. § 3553(e), FOR ANY FACTOR OTHER THAN DEFENDANT'S SUBSTANTIAL A… |
| 19-8475 |
In Re Tarvares James Watson |
|
2020-05-15 |
Dismissed |
IFP |
5th-amendment 6th-amendment actual-innocence constitutional-rights criminal-procedure due-process false-testimony ineffective-assistance ineffective-assistance-of-counsel postconviction-relief |
WHETHER PETITIONER'S CONVICTIONS
RESULTED IN THE CONVICTION OF ONE
WHO
IS
ACTUALLY
INNOCENT ?
2)
WHETHER PETITIONER'S TRIAL COUNSEL
RENDEREO INEFFECT… |
| 19-8476 |
Robert R. Yerton, Jr. v. Oklahoma |
Oklahoma |
2020-05-15 |
Denied |
Relisted (2)IFP |
appeals appellate-procedure criminal-appeal criminal-procedure due-process habeas-corpus jurisdiction oklahoma-court post-conviction-relief |
Whether the Oklahoma Court of Criminal Appeals erred in their Original 1-3-2020 and subsequent 3-B-2020 decision to refuse jurisdiction of his appeal … |
| 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 |
Question not identified. |
| 19-8478 |
John King v. United States |
District of Columbia |
2020-05-15 |
Denied |
Response WaivedIFP |
alleyne-v-united-states criminal-procedure fact-finding judicial-discretion jury-determination jury-fact-finding mcmillan-v-pennsylvania preponderance-of-the-evidence preponderance-standard sentencing sentencing-enhancement united-states-v-watts |
I. BY A JURY TO ENHANCE A SENTENCE?
AFTER THIS COURT'S DECISION IN UNITED STATES V. ALLEYNE, 570 U.S. 99 (2013), NON-CONTROLLING, CAN THE PREPONDERAN… |
| 19-8479 |
Bernard J. Fleming v. United States |
District of Columbia |
2020-05-15 |
Denied |
Response WaivedIFP |
closing-arguments criminal-procedure due-process fair-trial personal-opinion prosecutorial-misconduct prosecutorial-vouching vouching witness-credibility |
When do comments by a prosecutor in her final and rebuttal arguments to the jury in a criminal case that affirm the veracity of the government's chief… |
| 19-1293 |
Michael Ludwikowski v. United States |
Third Circuit |
2020-05-15 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
acquitted-conduct criminal-procedure double-jeopardy due-process fifth-amendment jury-acquittal sentencing sentencing-enhancement sixth-amendment |
Whether the Fifth and Sixth Amendments prohibit a federal court from increasing a criminal defendant's sentence for conduct underlying a count on whic… |
| 19-8469 |
Viengxay Chantharath v. United States |
Eighth Circuit |
2020-05-14 |
Denied |
Response WaivedIFP |
21-usc-851 career-offender collateral-review criminal-procedure drug-convictions first-step-act mandatory-minimum retroactive-application sentencing-enhancement statutory-interpretation |
Whether the First Step Act (FSA-2018) "altered "the statutes:
21 U.S.C.§ 841(a) (1)(b)(1) (A)-(B) also (C) for the prior drugI.
con
victions that qua… |
| 19-8453 |
John Christopher Dobbs v. United States |
Eleventh Circuit |
2020-05-13 |
Denied |
Response WaivedIFP |
criminal-procedure cross-reference district-court federal-rules firearm-possession judicial-findings presentence-report rule-32 sentencing-guidelines |
When a defendant disputes that he has committed a Cross Reference crime, does Rule 32(i)(3)(B) require the district court to make specific findings ab… |
| 19-1286 |
In Re Nina Shahin |
|
2020-05-13 |
Denied |
Response Waived |
14th-amendment civil-procedure civil-rights due-process standing takings criminal-procedure fourth-amendment fourth-amendment-application fourth-amendment-interpretation search-and-seizure unreasonable-search |
1. How "narrow " Statute of Removal should be
interpreted, especially in situations like the Petitioner 's?
2. Does, the Petitioner 's situation mee… |
| 19-1278 |
Hunter Fussell v. Louisiana |
Louisiana |
2020-05-12 |
Denied |
Response Waived |
automatic-transfer child-rights constitutional-rights criminal-procedure due-process juvenile-justice juvenile-transfer liberty-interest state-statute |
1. Whether the Due Process Clause requires that a child receive an individualized hearing before being placed in criminal court to be tried as an adul… |
| 19-1282 |
Avery Terry v. United States |
Fourth Circuit |
2020-05-12 |
Denied |
Response Waived |
18-usc-924c appeal-waiver constitutional-vagueness crime-of-violence criminal-procedure criminal-procedure-appeal-waiver due-process force-clause hobbs-act hobbs-act-robbery residual-clause sentencing statutory-interpretation unconstitutional-vagueness vagueness-doctrine violent-crime |
WHETHER THE COURT OF APPEALS ERRED IN DISMISSING THE APPEAL PURSUANT TO AN INVALID APPEAL WAIVER, AFTER MAKING ERRONEOUS FINDINGS, OVERLOOKING AND MIS… |
| 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 |
1. Whether it is Unconstitutinal for defense Counsel to admit an accueds Suilt to the jury over the accused's objection? And also adMit and accused's … |
| 19-8439 |
Marijan Cvjeticanin v. United States |
Third Circuit |
2020-05-12 |
Denied |
Response WaivedIFP |
brady-violation catch-me-if-you-can criminal-procedure due-process kyles-standard kyles-v-whitley materiality-standard new-trial-motion perjury rule-33 trial-perjury |
1) BRADY VIOLATIONS - "CATCH ME IF YOU CAN" - When, in direct violation of the
district court's specific discovery order, the Government fails to turn… |
| 19-8442 |
Erica J. Walker v. Florida |
Florida |
2020-05-12 |
Denied |
Response WaivedIFP |
competency criminal-procedure due-process effective-assistance-of-counsel fair-proceeding fifth-amendment fourteenth-amendment ineffective-assistance insanity mental-health mental-health-evaluation |
I. Was the Petitioner's right to a fair proceeding, effective assistance of counsel and Due Process of law violated when trial counsel LeRonnie Mason … |
| 19-8444 |
Clarence Zacke v. Mark S. Inch, Secretary, Florida Department of Corrections |
Florida |
2020-05-12 |
Denied |
Response WaivedIFP |
criminal-procedure due-process federal-court-decisions judicial-precedent legal-exemption plea-agreement plea-bargaining prosecutorial-misconduct sentencing-guidelines state-courts |
WHETHER THE INTEGRITY OF THE COURT REQUIRES ENFORCEMENT OF RULE 3.171(A) FLA. R. CRIMINAL P. WHERE THE STATE HAS KNOWINGLY AND INTENTIONALLY VIOLATED … |
| 19-8445 |
Freddie Lee Curry, aka King of da Hood, aka Rat v. United States |
Fourth Circuit |
2020-05-12 |
Denied |
Response WaivedIFP |
21-usc-841 alleyne alleyne-ruling criminal-procedure drug-quantity fair-sentencing-act first-step-act mandatory-minimum sentence-reduction sentencing statutory-interpretation |
Did the District Court abused its discretion when it failed to to apply Alleyne to Appellant's sentence reduction under Section 404(b) of the First St… |
| 19-8429 |
Tariq Maqbool v. Marcus O. Hicks, Commissioner, New Jersey Department of Corrections, et al. |
Third Circuit |
2020-05-11 |
Denied |
IFP |
constitutional-rights criminal-procedure dna-testing due-process fifth-amendment fourteenth-amendment ineffective-assistance miranda-rights sixth-amendment |
1. Whether the Third Circuit Court of Appeals, the District
Court, and the New Jersey state courts' ruling, denying
Petitioner's ineffective assistanc… |
| 19-8430 |
Valery LaTouche v. New York |
New York |
2020-05-11 |
Denied |
IFP |
criminal-procedure discretionary-review due-process equal-protection post-conviction-relief statutory-interpretation |
WHETHER THE TRIAL COURTS INVOCATION OF STATUE 440.10(3)(C) DENIED PETITIONER HIS INTEREST, DUE PROCESS RIGHTS, AND EQUAL PROTECTION OF THE LAW.
WHETH… |
| 19-8426 |
Shawn M. Twitty v. Indiana |
Indiana |
2020-05-08 |
Denied |
Response WaivedIFP |
amelioration-doctrine criminal-procedure criminal-sentencing doctrine-of-amelioration due-process fundamental-fairness res-judicata sentencing statutory-interpretation |
Whether a sentence is manifestly erroneous because the Doctrine of Amelioration allows for that sentence to be controlled by a newly amended version o… |
| 19-8428 |
Marc Wyatt v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2020-05-08 |
Denied |
IFP |
appointment-of-counsel constitutional-rights criminal-procedure due-process fair-market-value fifth-circuit legal-counsel replacement-cost right-to-self-representation self-representation |
QUESTION ONE:
IF THE RECORD IS VOID OF MARC TRACE WYATT BEING LEGALLY
APPOINTED COUNSEL, DID THE FIFTH CIRCUIT ERR IN DETERMINING
THAT HIS CODE OF C… |
| 19-8409 |
Thanksnieky Phuong v. Rick Hill, Warden |
Ninth Circuit |
2020-05-07 |
Denied |
IFP |
asportation criminal-procedure due-process exculpatory-evidence factual-innocence insufficient-evidence kidnapping robbery |
WHETHER THE PEOPLE SUBMITTED INSUFFICIENT EVIDENCE THAT PETITIONER COMMITTED A KIDNAPPING FOR ROBBERY, AND SINCE THE CONVICT - HERE VIOLATES PETITIONE… |
| 19-8410 |
Johnathan Pinney v. Dexter Payne, Director, Arkansas Division of Correction |
Eighth Circuit |
2020-05-07 |
Denied |
Response WaivedRelisted (2)IFP |
civil-rights constitutional-limitations criminal-procedure due-process exhaustion-of-remedies habeas-corpus judicial-review procedural-rights standing statutory-interpretation |
The Constitation's Direct anthorty that the wi't of Habens Corpus Shall ot be suspended" superceeds the requirement suspendig shch wight perding the S… |
| 19-8412 |
Lenroy McLean v. United States |
Second Circuit |
2020-05-07 |
Denied |
Response WaivedIFP |
appellate-review circuit-court criminal-procedure discretion discretionary-review forfeiture plain-error sentencing sentencing-guidelines substantial-rights |
QUESTION I
Should the Second Circuit Court of Appeals exercise it's discretion
to correct the forfeited error of Petitioner's miscalculated guideline… |
| 19-8415 |
Arthur Stanley v. United States |
Second Circuit |
2020-05-07 |
Denied |
Response WaivedIFP |
criminal-procedure due-process evidence-relevance federal-rules-of-evidence gang-related-crime relevant-evidence rico-statute rule-401 standing statutory-interpretation |
1. Where the Government introduced a cache of weapons found four years before the alleged crime, simply because gang graffiti was found nearby, should… |
| 19-8407 |
Mauro Ramirez v. Florida |
Florida |
2020-05-06 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure dna-testing due-process equal-protection evidence fair-trial forensic-evidence scientific-reliability |
I. Whether the State must establish the reliability and accuracy of the ki liastruwtffefiirn used for electrophoresis and ether preliminocry pN/A anal… |
| 19-8411 |
Charles Burton v. United States |
Sixth Circuit |
2020-05-06 |
Denied |
Response WaivedIFP |
criminal-procedure due-process federal-rules-of-criminal-procedure fifth-amendment harmless-error sixth-amendment structural-error |
1. Whether mailing a verdict to a criminal defendant through his counsel in violation of the Fifth Amendment, Sixth Amendment and Federal Criminal Rul… |
| 19-8397 |
Domenico Alexander Lockhart v. North Carolina |
North Carolina |
2020-05-05 |
Denied |
Response WaivedIFP |
civil-rights cole-v-arkansas constitutional-law criminal-conspiracy criminal-procedure drug-narcotic-offenses due-process judicial-review overt-act procedural-and-substantive-rights statutory-interpretation |
Question not identified. |
| 19-8400 |
Roy Allen Nichols v. United States |
Sixth Circuit |
2020-05-05 |
Denied |
Response WaivedIFP |
appellate-review constitutional-law court-of-appeals criminal-defendant criminal-procedure due-process factfinding fifth-amendment sentencing sentencing-enhancement |
1. Whether a Court of Appeals violates a criminal defendant's right to Due Process, guaranteed by the Fifth Amendment to the United States Constitutio… |
| 19-8403 |
Juan Miguel Lopez v. Stuart Sherman, Warden |
Ninth Circuit |
2020-05-05 |
Denied |
IFP |
appellate-jurisdiction constitutional-review criminal-justice-reform criminal-procedure criminal-sentencing due-process equal-protection judicial-oversight jurisdictional-challenge retroactivity sentencing-review |
How can the Court be impelled to use its' all encompassing jurisdiction to redress the imposition of time added to a primary base term, as an aggravat… |
| 19-8393 |
Joshua Tucker v. United States |
Sixth Circuit |
2020-05-04 |
Denied |
Response WaivedIFP |
4th-amendment 5th-amendment civil-rights criminal-procedure due-process fourth-amendment law-enforcement probable-cause probation probation-rights search-and-seizure warrantless-searches |
Whether a probationer has a right to be free from warrantless searches and seizures conducted by law enforcement officials without reason or purpose p… |
| 19-8385 |
Enrique Lopez Quintero v. United States |
Ninth Circuit |
2020-05-01 |
Denied |
Response WaivedIFP |
career-offender criminal-procedure federal-rules-of-criminal-procedure hughes-v-united-states plea-agreement sentence-reduction sentencing-guidelines type-c-agreement |
l.Is a sentence imposed pursuant to a Type-C agreement, Fed. R. Crim. P. 11(c)(1)(C), is based on the defendant's United States Sentencing Guidelines … |
| 19-8386 |
David L. Culverhouse v. Texas |
Texas |
2020-05-01 |
Denied |
Relisted (2)IFP |
appeals civil-rights constitutional-law criminal-procedure due-process habeas-corpus ineffective-counsel judicial-discretion standing |
May the Court of Appeals of Texas circumvent attorney of any actually innocent Petitioner error motion before to file original Application for writ of… |
| 19-8389 |
Edward Yarbrough, Jr. v. J. Sullivan, Warden |
Ninth Circuit |
2020-05-01 |
Denied |
Response WaivedIFP |
bill-of-rights criminal-procedure due-process evidentiary-error federal-rules federal-rules-of-civil-procedure plain-error prosecutorial-misconduct remarks-authentication reversible-error trial-court |
1. Whether a prosecutor's uninvited inflammatory remarks made
in summation, absent a timely/explicit curative instruction,
so infected the trial with … |
| 19-8390 |
Do Kyun Kim v. United States |
Fifth Circuit |
2020-05-01 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure due-process federal-courts judicial-discretion sentencing sentencing-factors sentencing-review standard-of-review substantive-reasonableness |
Whether substantive reasonableness review necessarily encompasses some degree of reweighing the sentencing factors? |
| 19-8391 |
Joseph M. Coffman v. Illinois |
Illinois |
2020-05-01 |
Denied |
Response WaivedIFP |
5th-amendment criminal-procedure due-process involuntary-confession miranda-rights motion-to-suppress |
I.
Whether the trial court erred in denying your petitioner's Motion to Suppress Statements?
II.
Whether the trial court erred in denying your petiti… |
| 19-8379 |
Herbert Burgess v. Illinois |
Illinois |
2020-04-30 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure due-process evidence-exclusion fair-trial judicial-bias judicial-misconduct prosecutorial-misconduct trial-bias witness-credibility |
I. WHETHER THE TRIAL COURT DENIED HERBERT BURGESS HIS CONSTITUTIONAL RIGHT TO PRESENT A COMPLETE DEFENSE. TRIAL IN VIOLATION OF ILLINOIS SUPREME COURT… |
| 19-8382 |
Christopher Ewing, aka Alex Christopher Ewing v. Nevada |
Nevada |
2020-04-30 |
Denied |
Response WaivedIFP |
criminal-procedure due-process extradition extradition-hearing fourteenth-amendment indigent-defendant right-to-counsel sixth-amendment statutory-interpretation |
Whether the Uniform Criminal Extradition Act's guarantee that defendants have the right to "demand and procure counsel" requires state courts to appoi… |
| 19-1255 |
Renee Baker, Warden, et al. v. Jeff N. Rose |
Ninth Circuit |
2020-04-30 |
Denied |
|
aedpa credibility criminal-procedure criminal-procedure-evidence-admissibility due-process evidence evidentiary-ruling habeas-corpus impeachment nevada-v-jackson ninth-circuit prior-acquittals state-court-review |
Whether the Ninth Circuit's decision violates AEDPA, given that this Court reversed the Ninth Circuit under materially similar circumstances in Nevada… |
| 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 |
1. Whether – in a case involving the charge of DUI manslaughter – the prosecution can meets its burden of proving "cause of death" through the testimo… |
| 19-8373 |
Frank Silva Roque v. Arizona |
Arizona |
2020-04-29 |
Denied |
IFP |
appeals appellate-review civil-rights constitutional-rights criminal-procedure due-process evidence evidence-rules federal-law habeas-corpus standing |
Did ARIZONA COURT UOTE TW COURTS DETSION A) TONs adv. Mississipei By ENTELUNG QUDENCE oF A 1483. PRAGL CORVICNOI TAT. WAS SEF-ASIDE, DISMISSED. LAs Th… |
| 19-8380 |
Samory Azikiwe Monds v. United States |
Eighth Circuit |
2020-04-29 |
Denied |
Response WaivedRelisted (2)IFP |
admissibility circuit-split controlled-substances criminal-procedure evidence evidence-rule federal-rule prior-bad-acts propensity-evidence |
Whether Federal Rule of Evidence 404(b) should be construed, contrary to its purpose and history, as a rule of inclusion resulting in certain admissib… |
| 19-8370 |
Cynthia Fisher v. Walgreen Co. |
Fourth Circuit |
2020-04-28 |
Denied |
IFP |
civil-rights constitutional-law criminal-procedure fourth-amendment search-and-seizure standing |
Why did the 4th Circuit Court of Appeals refuse the grant a rehearing or rehearing en banc?
Why did the 4th Circuit Court of Appeals and the State Di… |
| 19-8376 |
Carlos M. Guerrero-Castro v. United States |
First Circuit |
2020-04-28 |
Denied |
Response WaivedIFP |
conspiracy criminal-enterprise criminal-procedure enterprise essential-element judicial-procedure jury-instruction jury-instructions plain-error RICO rico-conspiracy |
Whether a district court commits plain error by refusing to properly
instruct the jury that the existence of an actual enterprise is always an
essenti… |
| 19-8364 |
Adam C. Vance v. United States |
Sixth Circuit |
2020-04-27 |
Denied |
Response WaivedIFP |
access-device-fraud aggravated-identity-theft criminal-procedure identity-theft internet-transactions interstate-commerce reasonable-doubt sufficiency-of-evidence united-states-v-alexander united-states-v-vance |
Was Vance Entitled To Acquittal for Online Internet -based Aggravated Identity Theft where it was not shown this Internet transaction in Count 3 was d… |
| 19-8365 |
Arthur Lopez v. California |
California |
2020-04-27 |
Dismissed |
Response WaivedIFP |
appellate-procedure civil-rights constitutional-rights criminal-procedure due-process fourteenth-amendment free-speech habeas-corpus judicial-review standing |
Question not identified. |
| 19-8366 |
Andres Fernando Cabezas v. United States |
Eleventh Circuit |
2020-04-27 |
Denied |
Response WaivedIFP |
appeals appellate-procedure circuit-split civil-procedure criminal-procedure due-process federal-jurisdiction forfeiture property-recovery property-rights rule-41g subject-matter-jurisdiction |
1. The Eleventh Circuit holds that a notice of appeal is a per se divestiture of a district court's jurisdiction over a motion for return of property … |
| 19-8358 |
Anthony L. Meads v. Illinois |
Illinois |
2020-04-26 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process jurisdiction sixth-amendment speedy-trial |
Idas Speedy -frifal Wd/WW ? |
| 19-8360 |
Juan C. Parra-Interian v. Mike Obenland |
Ninth Circuit |
2020-04-26 |
Denied |
Response WaivedIFP |
civil-procedure constitutional-error criminal-procedure due-process evidence exculpatory-evidence harmless-error joinder-of-charges probable-cause standing witness witness-testimony |
Is it lawful to have a witness testify in a case where they have NO Direct knowledge of the facts?
Can a State Court Joinder of Dissimilar charges, w… |
| 19-8361 |
Tyrone Price v. United States |
Sixth Circuit |
2020-04-26 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure due-process firearms ineffective-assistance post-conviction-relief racketeering sentencing sentencing-phase |
Does sy2uce) conretron smpport assault uith a dungerons weapon in aid of racketeering under 18 U.S.C19saca)c3).? Does the elements clause ofa 39luce) … |
| 19-8362 |
Henry M. Mitchell, Jr. v. California |
California |
2020-04-26 |
Denied |
Response WaivedIFP |
bad-faith constitutional-rights criminal-procedure cross-examination due-process evidence-destruction police-misconduct |
WHETHER THE POLICE MAY RELY OF UNSUBSTANTIATED
EVIDENCE TO ABSOLVE THEM OF BAD FAITH INTENTIONAL
DESTRUCTION OF POTENTIALLY USEFUL EVIDENCE?
WHETHE… |
| 19-8353 |
Curtis Stokes v. Indiana |
Indiana |
2020-04-24 |
Denied |
Response WaivedIFP |
appellate-review constitutional-equal-protection criminal-procedure due-process equal-protection evidence ineffective-assistance-of-counsel post-conviction-relief strickland-standard sufficiency-of-evidence |
I. Stokes and his codefendants were charged with multifarious felonies. On appeal, Stokes ' codefendant had the most serious charge dismissed for insu… |
| 19-8341 |
Richard Knight v. Florida Department of Corrections |
Eleventh Circuit |
2020-04-23 |
Denied |
IFP |
capital-punishment criminal-procedure florida-sentencing hurst-v-florida retroactivity ring-precedent ring-v-arizona teague-standard teague-v-lane |
1. Pursuant to the test of Teague v. Lane, is Hurst v. Florida retroactive to Petitioner, whose Florida capital sentence became final after the issuan… |
| 19-8342 |
Dearieus Duheart v. United States |
Fifth Circuit |
2020-04-23 |
Denied |
Response WaivedIFP |
acquitted-conduct criminal-procedure double-jeopardy due-process fifth-amendment jury-trial sentencing sentencing-enhancement sixth-amendment |
Whether the Fifth and Sixth Amendments prohibit the use of acquitted conduct to enhance a defendant's sentence? |
| 19-8346 |
Naeem Jones v. Mark Capozza, Superintendent, State Correctional Institution at Fayette, et al. |
Third Circuit |
2020-04-23 |
Denied |
IFP |
actual-innocence constitutional-law criminal-procedure due-process federal-courts federal-habeas habeas-corpus ineffective-assistance state-prisoner strickland-standard |
Does a freestanding claim of actual innocence stand a basis of relief for a state prisoner in the context of a federal habeas proceeding?
2. Does the… |
| 19-8331 |
Jose A. Rodriguez v. Thomas Griffin, Superintendent, Green Haven Correctional Facility |
Second Circuit |
2020-04-22 |
Denied |
IFP |
constitutional-error constructive-amendment criminal-procedure due-process felony-offense grand-jury indictment ineffective-assistance penal-law right-to-counsel |
1. Whether the State Court constructively amended the indictment which charged petitioner on September 1, 2009 through September 1, 2010, before the N… |
| 19-8333 |
Nekhent Supreme Ali, aka William Sean Perry, Jr. v. United States |
Fourth Circuit |
2020-04-22 |
Denied |
Response WaivedIFP |
21-usc-841 criminal-procedure criminal-statute currency-conversion drug-proceeds drug-weight due-process sentencing sentencing-guidelines |
Whether in the conversion of currency drug proceeds into drug weight for purposes of sentencing criminal violations of 21 U.S.C. § 841, federal courts… |
| 19-8334 |
James Butler v. United States |
Sixth Circuit |
2020-04-22 |
Denied |
Response WaivedIFP |
criminal-procedure custody due-process fifth-amendment miranda-rights miranda-warning police-interrogation totality-of-circumstances |
If the totality of the circumstances establish that a defendant is under police control and not free to leave until police questioning is finished, do… |
| 19-8336 |
Igancio Reyes-Yanez v. United States |
Ninth Circuit |
2020-04-22 |
Denied |
Response WaivedIFP |
burden-of-proof constitutional-rights criminal-procedure defendant-testimony due-process jury-instruction jury-instructions presumption-of-innocence |
1. Should a writ of certiorari be granted to address whether the Government can tell a jury that, "when [a defendant] testifies, there's no presumptio… |
| 19-8338 |
Charles P. Mayeux, Jr. v. Louisiana |
Louisiana |
2020-04-22 |
GVR |
Response RequestedResponse WaivedRelisted (2)IFP |
constitutional-amendments criminal-conviction criminal-procedure due-process evidence-sufficiency fifth-amendment fourteenth-amendment jackson-v-virginia jury-trial non-unanimous-verdict sixth-amendment |
Whether a conviction based upon a non-unanimous verdict violates the Fifth, Sixth and Fourteenth Amendments to the United States Constitution?
Whethe… |
| 19-8339 |
Juan M. Santiago v. United States |
First Circuit |
2020-04-22 |
Denied |
Response WaivedIFP |
appeal-waiver booker booker-error criminal-procedure federal-sentencing mandatory-guidelines miscarriage-of-justice sentencing sentencing-guidelines waiver |
WHETHER AN ESTABLISHED BOOKER ERROR (MANDATORY APPLICATION OF THE USSG) CAN BE CONSIDERED PER SE A MISCARRIAGE OF JUSTICE EXCEPTION THAT IS NOT WAIVED… |
| 19-8314 |
Reginald Ward v. Scott Crow, Director, Oklahoma Department of Corrections |
Tenth Circuit |
2020-04-21 |
Denied |
IFP |
actual-innocence circumstantial-evidence constitutional-provisions constitutional-rights criminal-procedure due-process forensic-evidence jurisdiction self-defense statutory-interpretation |
Question not identified. |
| 19-8318 |
William Whiteley v. John Willis, et al. |
Eleventh Circuit |
2020-04-21 |
Denied |
Response WaivedIFP |
automobile-exception certificate-of-appealability criminal-procedure evidence-law exculpatory-evidence eyewitness fourth-amendment ineffective-assistance ineffective-assistance-of-counsel search-and-seizure warrantless-search |
Whether petitioner is entitled to a certificate of appealability on his claim that the warrantless search of his automobile's glove compartment violat… |
| 19-8319 |
Tarvares James Watson v. Florida |
Florida |
2020-04-21 |
Denied |
Response WaivedIFP |
actual-innocence constitutional-claim constitutional-rights conviction criminal-procedure due-process habeas-corpus judicial-review legal-standard procedural-challenge wrongful-conviction |
WHETHER PETITIONER'S CONVICTION RESULTED IN THE CONVICTION OF ONE WHO IS ACTUALLY INNOCENT? |
| 19-8323 |
William George Coodey v. Oklahoma |
Oklahoma |
2020-04-21 |
Denied |
IFP |
consent criminal-procedure dna-evidence dna-testing due-process factual-innocence jackson-v-virginia rape sixth-amendment |
1. Whether DNA testing that would undermine an alleged rape victim's testimony denying consent to sexual intercourse would create sufficient uncertain… |
| 19-8324 |
James William Hornsby v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2020-04-21 |
Denied |
IFP |
adversarial-process brain-injury constitutional-rights criminal-procedure due-process effective-assistance-of-counsel ineffective-assistance right-to-counsel sixth-amendment strickland-v-washington |
(1) Whether the district courts denial of relief and determination
of whether a breakdown in the adversarial process was created
by the trial courts … |
| 19-8325 |
Qais Hussein v. United States |
Seventh Circuit |
2020-04-21 |
Denied |
Response WaivedIFP |
certificate-of-appealability criminal-procedure habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining section-2255 sentencing sentencing-guidelines |
Is it reasonably debatable that Qais Hussein was deprived the effective assistance of counsel where his defense attorney failed to object to any insin… |
| 19-8309 |
Cynthia Fisher v. Frontline National |
Fourth Circuit |
2020-04-20 |
Denied |
IFP |
civil-rights constitutional-law criminal-procedure fourth-amendment search-and-seizure standing |
Why did the NC Court of Appeals for the 4th Circuit state that I was late filing, after the appeals' court accepted my extension request? That is why … |
| 19-8312 |
Lazaro Candelaria v. United States |
Eleventh Circuit |
2020-04-20 |
Denied |
Response WaivedIFP |
criminal-justice-reform criminal-procedure first-step-act ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining prior-convictions sentencing sentencing-enhancement shepard-documentation |
1) Whether the First Step Act of U.S. in his Title 21 U.S.C. § 2255(f)(1) motion.
2) Whether CounselSenate Bill 756, applies to the Petitioner, ineff… |
| 19-8304 |
Timothy J. McVay v. Illinois |
Illinois |
2020-04-19 |
Denied |
Response WaivedIFP |
actus-reus burden-of-proof civil-rights constitutional-rights criminal-procedure due-process first-degree-murder mens-rea presumption-of-innocence |
Whether a bench trial conviction of first degree murder by H.U.M Matrix(Homicide by Unspecified Means) can be upheld without benefit of: an eyewitness… |
| 19-8305 |
Kinsley Ononuju v. Virginia |
Virginia |
2020-04-19 |
Rehearing |
Relisted (2)IFP |
appeal appellate-review constitutional-rights criminal-procedure due-process equal-protection indigence indigent-defendant transcript transcript-cost |
On Equal Protection Clause; Whether Supreme Court of Virginia erred in refusing to find any unconstitutionality in VA Code § 19.2-165 that only mandat… |
| 19-8294 |
Roscoe Johnson v. Mississippi |
Mississippi |
2020-04-18 |
Denied |
Response WaivedIFP |
abuse-allegations criminal-defense criminal-procedure due-process evidence ineffective-assistance ineffective-assistance-of-counsel jury-instruction jury-instructions motion-in-limine position-of-trust |
Whether Johnson's Trial Counsel provided Constitutionally ineffective assistance of Trial Counsel when he failed to file a Motion in limine to prevent… |
| 19-8298 |
David M. Kissi v. United States District Court for the District of Maryland |
Fourth Circuit |
2020-04-18 |
Denied |
IFP |
civil-rights criminal-procedure due-process fbi fbi-warrant fourth-amendment hearsay hearsay-evidence miranda-rights search-and-seizure |
Whether the trial court overlooked evidence that the FBI had Petitioner arrested and searched his home with writs that were inadmissible because they … |
| 19-8277 |
Abraham A. Augustin v. United States |
Sixth Circuit |
2020-04-17 |
Denied |
Response WaivedIFP |
ancillary-jurisdiction bivens-action civil-procedure constructive-possession criminal-investigation criminal-procedure fed-r-crim-p-16 fed-r-crim-p-41 jurisdiction property-seizure |
1. Whether the district court had ancillary jurisdiction over
property seized during the criminal investigation of an
offense prosecuted in said dis… |
| 19-8286 |
Edward Tiger v. Florida |
Florida |
2020-04-17 |
Denied |
Response WaivedIFP |
competency criminal-competency criminal-procedure due-process fifth-amendment fourteenth-amendment jurisdiction jurisdictional-prerequisite |
Whether a finding that a criminal defendant is presently competent to proceed is a jurisdictional prerequisite to a court's authority to deprive an ac… |
| 19-8273 |
Deonday Evans v. United States |
Sixth Circuit |
2020-04-16 |
Denied |
Response WaivedIFP |
18-usc-922 18-usc-924 commerce-clause commerce-nexus criminal-procedure exclusionary-rule federalism federalism-principles fourth-amendment search-warrant sentencing-guidelines standing |
1. Whether federalism principles require reinterpretation of 18 U.S.C. § 922(g) and 18 U.S.C. § 924 to require a more meaningful commerce nexus!
2. W… |
| 19-8274 |
Tracy Anthony Scott v. United States |
Eleventh Circuit |
2020-04-16 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process guilty-plea mens-rea plea-bargaining rehaif-v-united-states sixth-amendment |
Does the Constitution require that the accused know the
elements of a crime in order to validly plead guilty?
Is Florida § 893.13 categorically a qu… |
| 19-8280 |
Jesus Jaime Jimenez v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2020-04-16 |
Denied |
Relisted (2)IFP |
14th-amendment 5th-amendment constitutional-rights criminal-procedure due-process fifth-circuit habeas-corpus jurisdiction lack-of-jurisdiction statutory-window |
1. Did the Fifth Circuit err in not allowing Petitioner his rights to bring his complaint of 'Lack of Jurisdiction', under a §2254 Writ of Habeas Corp… |
| 19-1218 |
Marcus Lee Robinson v. Colorado |
Colorado |
2020-04-16 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
civil-rights criminal-procedure due-process fair-trial jury-bias jury-trial plain-error prosecutor-misconduct prosecutorial-misconduct racial-bias racial-discrimination racial-prejudice |
Petitioner is an African-American man who was tried for sexually assaulting a white woman. During the prosecutor's opening statement, she gratuitously… |
| 19-8260 |
Alvin Fulton v. New York |
New York |
2020-04-15 |
Denied |
IFP |
criminal-procedure double-jeopardy due-process ex-post-facto fundamental-miscarriage judicial-discretion post-release-supervision sentencing sentencing-error sex-offenses |
1. the usages and principles of law Whether the State of New York Court of Appeals has decided an important federal question in a way that conflicts w… |
| 19-8261 |
Sean Ath v. United States |
Fourth Circuit |
2020-04-15 |
Denied |
Response WaivedIFP |
appellate-review circuit-split criminal-conviction criminal-procedure due-process evidentiary-sufficiency judicial-standard standard-of-review substantial-evidence sufficiency-of-evidence united-states-v-rahseparian |
I. Whether the United States Court of Appeals properly applied the "substantial evidence" test in concluding there was sufficient evidence to affirm P… |
| 19-8263 |
Larry Wesley Brown v. United States |
Fifth Circuit |
2020-04-15 |
Denied |
Response WaivedIFP |
circuit-split criminal-law criminal-procedure drug-possession drug-trafficking felony-enhancement guidelines gun-possession sentencing sentencing-guidelines |
Whether the decision of the United States Court of Appeals for the Fifth Circuit ("Fifth Circuit")-which held Mr. Brown was involved with drug traffic… |
| 19-8266 |
James Heard v. Illinois |
Illinois |
2020-04-15 |
Denied |
IFP |
appellate-review circuit-court-procedure constitutional-rights criminal-procedure due-process judicial-discretion pro-se-representation right-to-counsel self-representation trial-court |
1. Whether the trial court erred in denying James Heard's pre-trial motion to proceed pro Se?
2. Whether the appellate court unreosonably applied the… |
| 19-8253 |
Rudolph Churchill v. Pennsylvania |
Pennsylvania |
2020-04-14 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process evidence hypothetical-question ineffective-assistance jury-instruction jury-instructions prosecutorial-misconduct sixth-amendment trial-counsel |
SIXTH AMENDMENT TO THE U.S. CONSTITUTION
INEFFECTIVE ASSISTANCE OF COUNSEL (TRIAL COUNSEL)
*FAILING TO REQUEST THAT THE JURY BE CHARGED WITH RESPECT
… |
| 19-8255 |
Emilio Medina-Rodriguez v. United States |
Fifth Circuit |
2020-04-14 |
Denied |
Response WaivedIFP |
case-law constitutional-law criminal-procedure due-process fifth-circuit judicial-review jury-trial precedent sentencing statutory-interpretation supreme-court writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 19-8256 |
Jerry Browdy v. United States |
Eleventh Circuit |
2020-04-14 |
Denied |
Response WaivedIFP |
appellate-review criminal-conviction criminal-procedure due-process eleventh-circuit insufficient-evidence judicial-review motion-for-acquittal sentencing-errors sufficiency-of-evidence |
I. CERTIORARI REVIEW SHOULD BE GRANTED WHERE THE ELEVENTH CIRCUIT AFFIRMED BROWDY'S CONVICTIONS WHERE THE EVIDENCE WAS INSUFFICIENT TO SUPPORT BROWDY'… |
| 19-1214 |
Marty Friend v. Indiana |
Indiana |
2020-04-14 |
Denied |
Amici (1) |
criminal-defendants criminal-procedure discovery due-process evidence medical-records privilege privileged-records psychotherapist-patient psychotherapist-privilege sixth-amendment witness-testimony |
Whether, and under what circumstances, criminal defendants' Sixth Amendment and Due Process rights entitle them to obtain witnesses' privileged treatm… |
| 19-8247 |
John Wilson v. Florida |
Florida |
2020-04-13 |
Denied |
IFP |
competency-hearing criminal-procedure defendant-rights due-process judicial-procedure mental-competency self-representation sixth-amendment trial-court trial-court-discretion |
WHETHER THE TRIAL COURT WAS OBLIGATED
TO DETERMINE THE MENTAL COMPETENCY OF
A DEFENDANT BEFORE GRANTING HIM THE
RIGHT TO REPRESENT HIMSELF AT TRIAL IF… |
| 19-8251 |
Kevin Duane Talkington v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2020-04-13 |
Denied |
Relisted (2)IFP |
constitutional-rights criminal-procedure due-process exculpatory-evidence ineffective-assistance ineffective-assistance-of-counsel juror-bias jury-instructions jury-selection |
Counsel Palledtoistrike a juror coho saidhe couldht hesPaiP; investigate,
4 Plied t-aghe, an oro j ipatory eu/dence . the.and present
verbaiin reading… |
| 19-8237 |
Fernando Romero-Salgado v. United States |
Ninth Circuit |
2020-04-10 |
Denied |
Response WaivedIFP |
circuit-split criminal-procedure fifth-amendment jury-instruction jury-instructions mens-rea plain-error plain-error-review sixth-amendment substantial-rights |
Does Rehaif error per se affect a defendant's substantial rights under the third prong of plain-error review? |
| 19-8228 |
Kirk Russell Marsh v. United States |
Fourth Circuit |
2020-04-09 |
Denied |
Response WaivedIFP |
claims-processing criminal-procedure direct-appeal equitable-tolling federal-rules-of-criminal-procedure judicial-procedure mandatory-claims-processing-rule procedural-error unique-circumstances |
Whether a trial court's violation of Federal Rule of Criminal Procedure 32(j)(1)
is subject to redress on direct appeal.
II.
Whether an untimely crim… |
| 19-8231 |
Juvenile Male v. United States |
Second Circuit |
2020-04-09 |
Denied |
Response WaivedIFP |
criminal-procedure due-process evidence juvenile-justice juvenile-transfer prosecutorial-discretion rehabilitation sentencing transfer-hearing |
Whether the refusal of the United States Attorney to detail the defendants role in weighing his potential for rehabilitation in the interest of justic… |
| 19-8234 |
Eric J. Davis v. LaShann Eppinger, Warden |
Ohio |
2020-04-09 |
Denied |
IFP |
conviction court-jurisdiction criminal-conviction criminal-procedure due-process jurisdiction legal-finality petition-construction standing subject-matter-jurisdiction void-judgment |
(1) Whether there can be a finality of judgement of conviction rendered against a criminal defendant, where the criminal court lacked Subject Matter j… |
| 19-8215 |
Victor Rivera-Munoz v. United States |
Ninth Circuit |
2020-04-08 |
Denied |
Response WaivedIFP |
circuit-court-interpretation criminal-procedure criminal-sentencing manager-enhancement sanctions sentencing-commission sentencing-guidelines subordinate-authority subordinates supervisor-enhancement supervisor-role |
1. In the a bsence of a definiti on of the terms, can a defendant receive a mana ger,
or sup ervisor enhancement under U.S.S.G. § 3B1. 1 when t he evi… |
| 19-8220 |
Jorge Macli v. United States |
Eleventh Circuit |
2020-04-08 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process effective-assistance-of-counsel plea-bargaining right-to-trial sixth-amendment trial-choice |
1. Whether the Petitioner was denied his Sixth Amendment right to effective assistance of counsel where the record was clearly established that defens… |
| 19-8222 |
Steven Mason v. United States |
District of Columbia |
2020-04-08 |
Denied |
Response WaivedIFP |
brady brady-violation criminal-procedure disclosure due-process exculpatory exculpatory-evidence impeachment jury-prejudice prosecutorial-misconduct severance trial-severance |
I. Whether this Court should grant certiorari to determine whether the lower courts erred in finding that the Government's very late disclosure of ext… |
| 19-8209 |
Delgen Foye v. North Carolina |
Fourth Circuit |
2020-04-07 |
Denied |
Relisted (2)IFP |
appellate-review civil-rights constitutional-rights criminal-procedure due-process exclusionary-rule federal-trial speedy-trial standing takings |
Question not identified. |
| 19-8197 |
Fred Furnish v. Kentucky |
Kentucky |
2020-04-07 |
Denied |
IFP |
criminal-procedure death-penalty due-process habeas-corpus hearing-impairment impartial-jury juror-bias juror-impartiality jury-selection right-to-fair-trial |
When a juror realizes that he has been in an identical situation vis-à-vis the defendant as the victims of the defendant's crimes, is that juror unqua… |
| 19-8201 |
James R. Householder v. Pennsylvania |
Pennsylvania |
2020-04-07 |
Denied |
IFP |
civil-rights criminal-procedure exigent-circumstances fourth-amendment probable-cause search-and-seizure |
1. Why did the Supreme Court of Pennsylvania, Western District,
Docket No. 474 WAL 2018, not answer any of my questions?
2. Because of the accusers'… |
| 19-8204 |
Arnold Eugene Fox, Jr. v. United States |
Sixth Circuit |
2020-04-07 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure due-process evidence-tampering fourth-amendment free-speech ineffective-counsel prosecutorial-misconduct search-warrant standing statutory-interpretation |
1. Does federal statute 18 U.S.C. § 2422(b) have an unconstitutionally vague
residual clause, and has the government, District Court, or the Sixth Ci… |
| 19-8205 |
In Re Jonathan E. Brunson |
|
2020-04-07 |
Denied |
IFP |
brady-v-maryland civil-rights constitutional-rights criminal-procedure discovery due-process evidence exculpatory-evidence post-conviction prosecutorial-misconduct trial-review |
WHETHER MR. BRUNSON'S RIGHT TO DISCOVER EXCULPATORY EVIDENCE IS STILL ENFORCEABLE (Id. AT 41)?
WHETHER THE STATE GOVERNMENT STILL HAS THE OBLIGATION … |
| 19-8208 |
Jerald Harris v. Richard Jennings, Warden |
Eighth Circuit |
2020-04-07 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process identification identification-evidence police-misconduct reliability reliability-standard suggestive-circumstances |
When a witness in a criminal case identifies a suspect out-of-court, under suggestive circumstances which give rise to a substantial likelihood of lat… |
| 19-8184 |
William Francis Walsh, IV v. United States |
Ninth Circuit |
2020-04-06 |
Denied |
Response WaivedRelisted (2)IFP |
18-usc-2252 criminal-procedure evidence-presentation federal-rules-of-evidence ninth-circuit-interpretation old-chief-precedent old-chief-v-united-states prejudicial-material rule-403 stipulation |
Did the Ninth Circuit's disposition of Petitioner's Rule 403 claim, based on the district court's having abused its discretion by rejecting his proffe… |
| 19-8186 |
Leroy Staton v. Superintendent, Lee Correctional Institution |
Fourth Circuit |
2020-04-06 |
Denied |
Response WaivedIFP |
actual-innocence bill-of-attainder criminal-conviction criminal-procedure due-process ineffective-assistance ineffective-counsel sexual-assault |
I,
WHETHER DEFENDANT IS NOT GUILTY AS THERE WAS NO RAPE AND
THEREFORE NO MURDER TO COVER-UP A NON-RAPE, RESULTING IN A
CONVICTION WHICH NO RATIONAL JU… |
| 19-8191 |
Benjamin Velasquez v. United States |
Ninth Circuit |
2020-04-06 |
Denied |
Response RequestedResponse WaivedRelisted (4)IFP |
career-offender career-offender-guideline constitutional-vagueness criminal-procedure johnson-decision johnson-v-united-states residual-clause section-2255 sentencing timeliness timeliness-standard |
1. Whether a § 2255 motion filed within one
year of Johnson v. United States, claiming that
Johnson invalidates the residual clause of the pre-
Booker… |
| 19-8193 |
John Purifoy v. United States |
Fifth Circuit |
2020-04-06 |
Denied |
Response WaivedIFP |
appellate-jurisdiction appellate-review booker booker-decision criminal-procedure downward-departure jurisdiction sentencing sentencing-guidelines substantial-assistance |
The United States Court of Appeals for the Fifth Circuit has held that an appellate court does not have the jurisdiction to review the denial of a dow… |
| 19-8181 |
Arkeem Hakim Jordan v. North Carolina |
Fourth Circuit |
2020-04-03 |
Denied |
Response WaivedIFP |
4th-amendment civil-rights constitutional-rights criminal-procedure due-process evidence-disclosure particularity probable-cause prosecutorial-misconduct search-and-seizure speedy-trial |
scrition As to whnat property to seize.
Any Emerbency
our homes Doors . wrtnout thcre being
constrtutION
Issue Fouk.wus the sturch warrant ane Affiduv… |
| 19-8182 |
Edward Paul Moss v. Arizona |
Arizona |
2020-04-03 |
Denied |
IFP |
constitutional-law constitutional-rights conviction-review criminal-procedure due-process grand-jury judicial-discretion sentencing statutory-interpretation |
Question not identified. |
| 19-1195 |
Adalberto Frickson Palacios-Solis v. United States |
Eleventh Circuit |
2020-04-03 |
Denied |
|
case-in-chief criminal-defendant criminal-procedure due-process evidence evidence-of-guilt fifth-amendment miranda miranda-rights pre-miranda-silence self-incrimination |
Whether the prosecution violates the Fifth Amendment's Self-Incrimination Clause when it uses a criminal defendant's post-arrest, pre-Miranda silence … |
| 19-8160 |
Eddie Vincent Rutledge v. Florida |
Florida |
2020-04-02 |
Denied |
Response WaivedIFP |
conspiracy constitutional-rights criminal-conspiracy criminal-procedure double-jeopardy fifth-amendment issue-preclusion solicitation |
DID THE FLORIDA TRIAL COURT VIOLATE THE FIFTH AMENDMENT'S GUARANTEE AGAINST DOUBLE JEOPARDY WHEN IT REFUSED TO APPLY THE DOCTRINE OF ISSUE PRECLUSION … |
| 19-8170 |
Joe Robert Reynolds v. North Carolina |
North Carolina |
2020-04-02 |
Denied |
IFP |
appeal civil-rights constitutional-rights criminal-procedure double-jeopardy due-process habeas-corpus ineffective-assistance post-conviction-relief sentencing |
Question not identified. |
| 19-8172 |
Adam Carson v. United States |
Sixth Circuit |
2020-04-02 |
Denied |
Response WaivedIFP |
court-of-appeals criminal-procedure due-process federal-jurisdiction perjury statutory-interpretation witness-credibility witness-tampering |
Can a conviction for witness tampering be upheld when a Defendant did not ask a witness to lie for him? and; can a Court of Appeals change the interpr… |
| 19-8173 |
Ervin L. St. Claire v. United States |
Eighth Circuit |
2020-04-02 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure due-process federal-courts habeas-corpus standing |
Circumventing the two step ineuivey mandated by 759, Buck U. Davis 137 .S.ct, (2017), based upon Tollins Provisions, 7I Erved in Ciscuit WHETHER the E… |
| 19-8176 |
Homer Lawrence Lane v. Alabama |
Alabama |
2020-04-02 |
Denied |
IFP |
appellate-procedure constitutional-claim constitutional-rights criminal-procedure due-process federal-habeas legal-preclusion procedural-bar state-law state-rule structural-error |
WHETHER THE STATE OF ALABAMA MAY IMPOSE A STATE PROCEDRURAL BAR RULE TO PRECLUDE A STRUCTURAL ERROR CLAIM. |
| 19-8177 |
Christopher Kyle Keys v. Florida |
Florida |
2020-04-02 |
Denied |
Response WaivedIFP |
14th-amendment 6th-amendment cellular-phone-data character-evidence collateral-crimes criminal-procedure due-process evidence sixth-amendment trial-court-discretion warrantless-search |
The State Trial Court denied a timely motion for severance of the charges from separate incidents. And the Trial Court allowed the State Attorney to p… |
| 19-8151 |
Michael John Alcocer Roa v. United States |
Eleventh Circuit |
2020-04-01 |
Denied |
Response WaivedIFP |
constitutional-rights counsel-denial criminal-procedure critical-stage due-process interlocutory-appeal right-to-counsel sixth-amendment united-states-v-cronic |
Does an interlocutory appeal is a critical stage? If yes, does a denial of counsel during an interlocutory appeal constitutes a violation of Sixth Ame… |
| 19-8154 |
Jody Stamp v. United States |
Sixth Circuit |
2020-04-01 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure disabilities-act disability-accommodations due-process mental-health post-traumatic-stress sentencing sentencing-mitigation |
The question presented is should the District
Coust Judge forcloser of a down word
variance be based or the Judges Personal
interpcatation of the Defe… |
| 19-8155 |
Omar Saunders v. Steven Johnson, Administrator, New Jersey State Prison, et al. |
Third Circuit |
2020-04-01 |
Denied |
Response WaivedIFP |
appeals civil-rights court-of-appeals criminal-procedure denial due-process federal-courts habeas-corpus judicial-review saunders third-circuit |
1. Did the United States Court of Appeals for the Third Circuit err in affirming Mr. Saunders' Denial of Habeas Corpus? |
| 19-1191 |
Ohio v. Shawn Ford |
Ohio |
2020-04-01 |
Denied |
Amici (2) |
atkins-standard atkins-v-virginia civil-rights constitutional-provisions criminal-procedure cruel-and-unusual-punishment due-process eighth-amendment intellectual-disability standing state-standards supreme-court-jurisdiction supreme-court-precedent |
What is the test for determining whether someone is "intellectually disabled" for purposes of the Eighth Amendment? |
| 19-8149 |
Nathaniel Lambert v. Louisiana |
Louisiana |
2020-03-31 |
GVR |
Response RequestedResponse WaivedRelisted (2)IFP |
barker-test barker-v-wingo betterman-v-montana civil-procedure constitutional-provision constitutional-rights criminal-procedure due-process judicial-review sentencing-delay |
Whether, as reserved for decision in Betterment v. Montana, 136 S. Ct. 1609, 1617-18 (2016), the test of Barker v. Wingo, 407 U.S. 514, 530-33 (1972),… |
| 19-8137 |
Rafael Posadas-Gonzalez v. United States |
Fifth Circuit |
2020-03-30 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure criminal-sentencing federal-sentencing procedural-reasonableness sentencing-factors sentencing-guidelines substantive-reasonableness upward-departure |
Whether the District Court and Court of Appeals misapplied the law under U.S.S.G § 4A1.3 and 18 U.S.C. § 3553 (a) sentencing factors in granting an up… |
| 19-8139 |
Douglas Duran Cerritos v. United States |
Fourth Circuit |
2020-03-30 |
Denied |
Response WaivedIFP |
certificate-of-appealability criminal-procedure eighth-amendment ineffective-assistance ineffective-assistance-of-counsel juvenile-offender juvenile-sentencing mandatory-life-sentence miller-v-alabama psychiatric-evaluation section-2255-motion |
Did the Fourth Circuit commit errror by not granting Mr. 1.
Cerritos a COA under 28 tKS.C... §2253 (c)(2), after the denial of
his 28 U.S.C. §2255 mot… |
| 19-8147 |
Romulo Murillo-Morales v. United States |
Second Circuit |
2020-03-30 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure fourteenth-amendment fourth-amendment probable-cause search-and-seizure warrant-requirement |
Whether PETITIONER'S conviction is constitutional, where the search and seizure of the petitioner was without a warrant and probable cause in violatio… |
| 19-8112 |
Mustafa Ali v. Derek Oberlander, Superintendent, State Correctional Institution at Forest, et al. |
Third Circuit |
2020-03-27 |
Denied |
IFP |
certificate-of-appealability coerced-confession coerced-statement criminal-procedure due-process habeas-corpus jurisdiction-challenge pretextual-arrest right-to-counsel unwanted-counsel |
1. Whether the Court of Appeals denying Application for Certificate
of Appealability and Petition for Rehearing/Rehearing en Banc is
contrary to this … |
| 19-8119 |
Walter E. Williams v. Mark S. Inch, Secretary, Florida Department of Corrections |
Florida |
2020-03-27 |
Denied |
Relisted (2)IFP |
constitutional-challenge constitutional-law criminal-conviction criminal-procedure double-jeopardy due-process essential-element felony-murder judicial-review jury-instruction standing |
can a trial court acquit and convict for same crime without violating the prohibitions of the fiFTH Amendment involving double jeopardy in this case?
… |
| 19-8125 |
Wendell Ray Thomas v. California |
California |
2020-03-27 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fifth-amendment ineffective-assistance-of-counsel post-conviction-relief right-to-a-fair-trial sixth-amendment trial-fairness |
I
Whether Defense Counsel Craig Wormley's Mental Health Issues
Had An Adverse Effect & Influence on the Outcome of the Trial
Where the Principle Iss… |
| 19-8129 |
Charles Ben Bounds v. United States |
Fifth Circuit |
2020-03-27 |
Denied |
Response WaivedIFP |
appeal bounds-case court-of-appeals criminal-appeal criminal-procedure due-process fifth-circuit jurisdiction legal-review sentence-enhancement sentencing statutory-interpretation |
(1) Whether the Fifth Circuit Court of Appeals erred in affirming the application of Obstruction-of-Justice Sentence Enhancement in United States of A… |
| 19-8104 |
Juan Gonzalez-Arias v. United States |
First Circuit |
2020-03-26 |
Denied |
Response WaivedIFP |
circuit-split constitutional-rights criminal-procedure drug-trafficking fourth-amendment home-search nexus probable-cause right-to-counsel search-warrant sixth-amendment |
1. Was there sufficient evidence of probable cause to establish a nexus between Mr. Gonzalez-Arias's drug trafficking activity and his home to justify… |
| 19-8099 |
Brandon Perry Smith v. Utah |
Utah |
2020-03-25 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fifth-amendment heightened-clarity miranda-rights sixth-amendment state-courts suspect-comprehension waiver-standard |
Have the Utah courts adopted a rule of law which, in applying the "heightened clarity" standard as expanded by Berghuis v. Thompkins, 560 U.S. 370 (20… |
| 19-8100 |
Jorge Rodriguez-Luca v. United States |
Sixth Circuit |
2020-03-25 |
Denied |
Response WaivedIFP |
28-usc-2255 criminal-procedure criminal-sentencing johnson-rule johnson-v-united-states mandatory-guidelines residual-clause sentencing-guidelines statutory-interpretation vagueness-doctrine void-for-vagueness |
I. Whether, for purposes of 28 U.S.C. § 2255(f)(3), the new rule announced in Johnson applies to the identical residual clause in the mandatory guidel… |
| 19-8055 |
Corey Jones v. United States |
Second Circuit |
2020-03-23 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review constitutional-rights criminal-procedure due-process judicial-discretion judicial-review sentencing supervisory-power |
Petitioner was sentenced to 15 years in prison for biting a finger. The Court of Appeals found that "highly unjust, and little short of absurd," and t… |
| 19-8056 |
Brian Alan Matalka v. United States |
Fifth Circuit |
2020-03-23 |
Denied |
Response WaivedIFP |
administration-of-justice criminal-procedure federal-criminal-procedure federal-statutes fifth-circuit-review indigency indigent-status plain-error plain-error-review special-assessment standard-of-review |
Did the Fifth Circuit's cursory review of the district court record reached the wrong conclusion that Matalka was not indigent under the standard pros… |
| 19-8058 |
Maurice Brack, aka Maurice Barrack, aka Maurice Black, aka Maurice L. Brack, aka Socca Bopum, aka Socka Bopa v. New Jersey |
New Jersey |
2020-03-23 |
Denied |
IFP |
8th-amendment adolescent-development constitutional-retroactivity criminal-procedure due-process eighth-amendment family-court juvenile-justice juvenile-waiver retroactivity |
Whether, due to the overwhelingly objective indicis of national consensus that surrounds the advaned research on adblescent brain developmont wholly d… |
| 19-8062 |
Troy Anthony LeBouef v. Darrel Vannoy, Warden |
Fifth Circuit |
2020-03-23 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
constitutional-amendments criminal-procedure due-process fifth-amendment fourteenth-amendment jury-trial jury-unanimity sixth-amendment unanimous-verdict |
Was LeBouef entitled to a unanimous jury verdict under the Fifth, Sixth and Fourteenth Amendments to the United States Constitution? |
| 19-8066 |
Silvestre Lara-Cervantes v. United States |
Fifth Circuit |
2020-03-23 |
Denied |
Response WaivedIFP |
case-remand criminal-procedure harmless-error holguin-hernandez judicial-review precedent reasonable-probability reconsideration remand sentencing standard-of-review supreme-court-precedent |
Whether there is a reasonable probability of a different result in the event that the court below is instructed to reconsider the decision in light of… |
| 19-8077 |
Arnold Anderson v. Gilberto Valenzuela, et al. |
Ninth Circuit |
2020-03-23 |
Denied |
IFP |
criminal-procedure digital-privacy forensic-evidence fourth-amendment property-rights search-and-seizure |
IS fT 'tei -ter cv o tetecrr te
OJ c^OTcuv'i~ ">\rrV\^c(.e uj c VVi OcjV ol
o^~V (Xv^-^vvci vvui^ V- VIv#5 _ W ^ ~VWrr^ a
-for o>iVou->rV wzurt- 7 |
| 19-8080 |
Julio Solorzano v. United States |
Ninth Circuit |
2020-03-23 |
Denied |
Response WaivedIFP |
actual-innocence-exception civil-rights collateral-attack criminal-procedure davis-ruling due-process federal-courts habeas-corpus sentencing sentencing-challenge waiver-doctrine |
May a person who is actually innocent of a firearms offense under 18 U.S.C. § 924(c) after United States v. Davis, 1389 S. Ct. 2319 (2019), seek habea… |
| 19-8082 |
Altius Willix v. United States |
Eleventh Circuit |
2020-03-23 |
Denied |
Response WaivedIFP |
concurrent-sentence concurrent-sentence-doctrine criminal-procedure double-jeopardy duplicitous-indictment fifth-amendment multiplicious-charges sixth-amendment structural-error |
Is an indictment considered duplicitous or multiplicious when it charges 2 counts occurring out of the same sequence or events that led to one episode… |
| 19-1159 |
Michael Bouchard v. United States |
Second Circuit |
2020-03-23 |
Denied |
Response Waived |
6th-amendment brady-giglio-jencks brady-violation certificate-of-appealability criminal-procedure due-process effective-assistance-of-counsel ex-post-facto false-statements false-statements-statute ineffective-assistance ineffective-assistance-of-counsel mortgage-lending retroactivity sixth-amendment |
I. Under the "false statements statute", 18 U.S.C. §1014, it is a crime to knowingly make "any false statement or report ... for the purpose of influe… |
| 19-1163 |
Bernard Rottschaefer v. United States |
Third Circuit |
2020-03-23 |
Denied |
Response Waived |
appeals collateral-estoppel court-of-appeals criminal-procedure criminal-prosecution double-jeopardy drug-distribution due-process judicial-deference judicial-review jurisdiction medical-professional precedent standard-of-review substantial-question |
On March 3rd, 2006, the Court of Appeals for the 3rd District ruled that sex-for-drugs played no part in Dr. Rottschaefer's convictions and that Dr. R… |
| 19-1153 |
Russell A. Suzuki, et al. v. Christopher Deedy |
Ninth Circuit |
2020-03-20 |
Denied |
|
28-usc-1257 appellate-review civil-procedure criminal-procedure double-jeopardy exxon-mobil-v-saudi-basic federal-court-jurisdiction federal-jurisdiction lesser-included-offense lesser-included-offenses standing state-court-judgment state-court-judgments |
This case presents two straightforward questions:
1) the limits the Constitution and Congress impose on
the jurisdiction of lower federal courts; and … |
| 19-8049 |
Kenneth Marquise Ruff v. United States |
Fourth Circuit |
2020-03-20 |
Denied |
Response WaivedIFP |
18-usc-1962d 5th-amendment criminal-procedure due-process fifth-amendment rico rico-conspiracy sentencing-enhancement statutory-interpretation |
Whether the Fifth Amendment's guarantee of procedural due process is violated where the Petitioner receives a sentencing enhancement in a Racketeer In… |
| 19-8050 |
Cuwan Merritt v. United States |
First Circuit |
2020-03-20 |
Denied |
Response WaivedIFP |
4th-amendment canine-sniff criminal-procedure de-facto-arrest law-enforcement probable-cause reasonable-articulable-suspicion reasonable-suspicion search-and-seizure |
Whether the level of corroboration and investigation required for reasonable articulable suspicion gives rise to a de facto arrest, which requires pro… |
| 19-8051 |
Jack Benjamin Hessiani v. United States |
Ninth Circuit |
2020-03-20 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fifth-amendment grand-jury indictment indictment-defect jurisdictional-challenge mens-rea sixth-amendment |
1. The Circuits are divided over whether federal courts have jurisdiction over a criminal matter when the charging document omits an essential element… |
| 19-8052 |
Mohamed A. Almahmmody v. Tennessee |
Tennessee |
2020-03-20 |
Denied |
Response WaivedIFP |
the legal issue being raised appears to be: appeal court-appointed-counsel criminal-appeal criminal-procedure due-process in-forma-pauperis indigency indigent-defendant pro-bono-representation right-to-counsel transcript trial-transcript |
Question not identified. |
| 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 |
1. Whether it is permissible under a criminal defendant's Sixth Amendment right of confrontation for a trial judge to curtail materially relevant cros… |
| 19-8047 |
Richard E. Daniel v. Timothy C. Ward, Commissioner, Georgia Department of Corrections |
Eleventh Circuit |
2020-03-19 |
Denied |
IFP |
coercion constitutional-rights criminal-procedure due-process equal-protection jury-selection peremptory-challenges plea-bargaining prosecutorial-misconduct racial-discrimination right-to-trial |
(1) Is 1T LAWFUL FOR A DEFENDANT WNOH HAS WAIVED ARRAIGNMENT
IN WRITING WITH A PLEA OF NOT GUILTY T% BE BROUGHT BEFORE A TAIAL
SUDGE OVER THE SOURSE O… |
| 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 c… |
| 19-8016 |
Jaime Vega, aka Jimmy Johnson v. United States |
Ninth Circuit |
2020-03-18 |
Denied |
Response WaivedIFP |
appeal appeals criminal-procedure district-court due-process revocation-sentence sentencing sentencing-guidelines statutory-interpretation supervised-release |
To what extent does 18 U.S.C. § 3553 require a district court to specifically state the reasons for imposing a revocation sentence above the guideline… |
| 19-8025 |
Kwasi McKinney v. Arkansas |
Arkansas |
2020-03-18 |
Denied |
Response WaivedIFP |
civil-procedure civil-rights constitutional-rights criminal-procedure due-process evidence evidence-suppression harmless-error involuntary-statement miranda-rights search-and-seizure search-warrant |
IF ectojal Mukwons te Soppiess Stabe ment aud Sean wocrant for
| untimely, The Arkousas Courk of Mppoale cevecsed and cewmanded
We clecuct Couct order… |
| 19-8027 |
Javier Gomez-Carrasquillo v. United States |
First Circuit |
2020-03-18 |
Denied |
Response WaivedIFP |
18-usc-3553(a) circuit-review criminal-procedure criminal-sentencing individualized-assessment plea-agreement procedural-reasonableness puerto-rico-crime sentencing-factors sentencing-guidelines sentencing-reasonableness substantive-reasonableness |
Question not identified. |
| 19-8033 |
In Re Jonathan A. Hampton |
|
2020-03-18 |
Denied |
IFP |
constitutional-rights criminal-procedure double-jeopardy due-process federal-jurisdiction habeas-corpus harmless-error jury-instructions lesser-included-offense prosecutorial-appeal state-law structural-error |
CAN I, JONATHAN ANDREW HAMPTON, AN INDIGENT PRISONER, SIGSI(A) PETITIONER ANA 42 USCS SI983 CIVIL RIGHTS PIAINTIFF, APPEARING IN PROPRIA PERSONA BEFOR… |
| 19-1140 |
In Re Wesley Perkins |
|
2020-03-18 |
Denied |
|
abuse-of-discretion access-to-courts appellate-jurisdiction recusal statutory-construction access-to-courts appellate-jurisdiction civil-rights constitutional-challenge criminal-procedure due-process probation-revocation standing statutory-construction texas-code-of-criminal-procedure |
1.a
(NeW) Is TEX. CODE CRIM. PROC. art.
42A.755(e) unconstitutional, as applied?
1.b
(New) Are TEX.RS.APP.P. 25.2(a)(2), (d)
unconstitutional, facial… |
| 19-8009 |
Hooman Ashkan Panah v. Ron Broomfield, Acting Warden |
Ninth Circuit |
2020-03-17 |
Denied |
Amici (1)IFP |
civil-rights criminal-procedure death-penalty due-process evidence-review habeas-corpus ineffective-assistance-of-counsel judicial-procedure juror-contact juror-misconduct remmer sixth-amendment third-party-influence |
Question 1:
During deliberations, a juror contacted her preacher, who gave her an eye-for-an-eye Biblical passage, which made her "at peace" with voti… |
| 19-8013 |
Keith Alexander v. Pennsylvania |
Pennsylvania |
2020-03-17 |
Denied |
IFP |
criminal-procedure criminal-procedure-ineffective-assistance-of-couns criminal-sentencing due-process federal-appellate-review firearms ineffective-assistance-of-counsel judicial-interpretation mandatory-minimum mental-capacity sentencing sentencing-guidelines statutory-construction |
Question not identified. |
| 19-8019 |
Efrain Sifuentes v. United States |
Fifth Circuit |
2020-03-17 |
Denied |
Response WaivedIFP |
resulting in an unreasonable sentence appeal appellate-review criminal-procedure district-court fifth-circuit sentencing-guidelines unreasonable-sentence |
1. Did the United States Court of Appeals for the Fifth Circuit improperly
condone the District Court's error in applying the United States Sentencing… |
| 19-8020 |
Walter Freeman Jordan, III v. United States |
Fifth Circuit |
2020-03-17 |
Denied |
Response WaivedIFP |
aiding-and-abetting criminal-procedure evidence-admission federal-rules-of-criminal-procedure federal-rules-of-evidence fifth-circuit harmless-error hearsay hearsay-evidence standard-of-review |
I. On Appeal WALTER JORDAN argued that the erroneous admission of hearsay evidence that he was the brother of one of the co-defendants caught leaving … |
| 19-7985 |
Charles Ray Hooper v. United States |
Fifth Circuit |
2020-03-16 |
Denied |
Response WaivedIFP |
brady-v-maryland brady-v-united-states brady-violation certificate-of-appealability criminal-procedure due-process federal-courts government-misconduct guilty-plea plea-bargaining procedural-bar prosecutorial-misconduct |
1. Must a defendant who has been granted a Certificate of Appealability by the Court of Appeals continue to challenge a procedural bar ruling by the d… |
| 19-7986 |
Wesley Scott Hamm v. United States |
Sixth Circuit |
2020-03-16 |
Denied |
Response WaivedIFP |
bodily-injury conspiracy cooperation criminal-law-bodily-injury criminal-law-conspiracy criminal-law-cooperation criminal-law-sentencing criminal-law-withdrawal criminal-procedure criminal-procedure-acquittal drug-distribution due-process evidence judgment-of-acquittal law-enforcement-cooperation sentencing withdrawal |
Question I . Shouldn't a judgment of acquittal have been granted where the government failed to
prove that Hamm, arrested on August 25, 2016, in jail… |
| 19-7987 |
Ashley R. Hambright v. United States |
Fifth Circuit |
2020-03-16 |
Denied |
Response WaivedIFP |
criminal-procedure driving-while-intoxicated due-process dui evidence evidence-sufficiency federal-appeals intoxication magistrate-review military-jurisdiction stare-decisis sufficiency-of-evidence |
Petitioner, ASHLEYR. HAMBRIGHT, appealed her twelve months of supervised probation
for driving while intoxicated ("DWI") on the grounds of a military … |
| 19-7991 |
Oscar Garcia v. United States |
Tenth Circuit |
2020-03-16 |
Denied |
IFP |
article-iii-judge constitutional-rights criminal-procedure due-process federal-magistrates-act guilty-plea magistrate-judge rule-11 |
Whether or not a magistrate judge can fully and finally accept a felony guilty plea with the defendant's consent such that it cannot be withdrawn for … |
| 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 |
Did court-appointed counsel deprive Petitioner of the Sixth Amendment guarantee obtain the video footage were being made create an adversarial conflic… |
| 19-7998 |
Paul Anthony Montanez v. United States |
Fifth Circuit |
2020-03-16 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review criminal-procedure district-court due-process judicial-discretion reasonableness reasonableness-standard sentencing sentencing-guidelines |
I. Did the district court impose a plainly unreasonable sentence upon Mr. Montanez? |
| 19-8000 |
James Robert Peterson v. United States |
Fourth Circuit |
2020-03-16 |
Denied |
IFP |
courts-of-appeals-split criminal-procedure detainer-act federal-state-courts interstate-agreement interstate-agreement-on-detainers-act motion-tolling speedy-trial-act time-to-trial tolling |
Does a pending motion automatically toll the IADA's time-to-trial clock, to the same extent as under the STA? |
| 19-8005 |
Harrison Garcia v. United States |
Eleventh Circuit |
2020-03-16 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure criminal-sentencing direct-appeal edwards-v-arizona first-step-act mandatory-minimum mandatory-minimums right-to-counsel sentencing sentencing-retroactivity statutory-interpretation |
Whether Section 403 of the First Step Act of 2018, enacted while Petitioner's case was pending on direct appellate review, apply where his sentence is… |
| 19-7980 |
Maechel Shawn Patterson v. United States District Court for the Eastern District of North Carolina |
Fourth Circuit |
2020-03-13 |
Denied |
IFP |
civil-rights constitutional-law criminal-procedure due-process equal-protection retroactive-application statutory-interpretation victim-rights victims-rights |
IF PETITIONER ORDERS BEFORE OFFERING IS OCT. 10, 1998 AND THE N.C.G.S. THE-501 CONTINUE VICTIM RIGHTS ACTIONS ESTABLISHED FOR CRIMES THAT WERE COMMITT… |
| 19-7982 |
Alex Penland v. Ohio |
Ohio |
2020-03-13 |
Denied |
IFP |
abuse-of-discretion criminal-conviction criminal-procedure due-process evidence false-testimony habeas-corpus judicial-fraud legal-remedy post-conviction-relief prosecutorial-misconduct trial-court-discretion |
1. Does the trial court abuse its discretion when it failed to entertain Penland's claim that his conviction was tainted by fraud when the prosecutor … |
| 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… |
| 19-7957 |
Damar D. Ruffin v. United States |
Sixth Circuit |
2020-03-12 |
Denied |
Response WaivedIFP |
appeals appellate-review controlled-substance controlled-substances criminal-procedure double-jeopardy due-process evidence evidence-law jury-instruction jury-trial reversible-error sentencing standard-of-review |
1. Sheer le Sul, Circle Cocer oF Aopeals Tiling \s \n direct Contes cartlkwothe Laws othe Svupreme CoURT™ Rex er ding . Pleas Eaor tor Kel cation OF —… |
| 19-7958 |
Anthony Quinones v. United States |
Ninth Circuit |
2020-03-12 |
Denied |
Response WaivedIFP |
career-offender career-offender-guideline constitutional-vagueness criminal-procedure criminal-procedure-28-usc-2255 johnson-v-united-states residual-clause section-2255 sentencing timeliness timeliness-standard vagueness |
1. Whether a § 2255 motion filed within one
year of Johnson v. United States, claiming that
Johnson invalidates the residual clause of the pre-
Booker… |
| 19-7968 |
Akube Wuromoni Ndoromo v. William P. Barr, Attorney General, et al. |
District of Columbia |
2020-03-12 |
Denied |
Response WaivedRelisted (2)IFP |
4th-amendment civil-rights constitutional-law constitutional-rights criminal-procedure due-process equal-protection fifth-amendment fourteenth-amendment fourth-amendment jury-trial seventh-amendment standing takings |
Does Fourth (VI) Amendment protect the right of the people to be secure therein?
Does the Fifth Amendment (V) can't allowed accuser to defend himself… |
| 19-7971 |
William L. Lewis v. Illinois |
Illinois |
2020-03-12 |
Denied |
Response WaivedIFP |
bias burden-of-proof criminal-procedure due-process judicial-error prejudice prior-convictions reasonable-doubt robbery sentencing sufficiency-of-evidence |
1. Did the trial Code And The Appellate Court error within entering a finding of quilt On a Single count Robbery when the government Cid net Prove pet… |
| 19-7973 |
Quincy Chisolm v. Maryland |
Maryland |
2020-03-12 |
Denied |
IFP |
appeal civil-rights conspiracy conviction criminal-procedure due-process first-degree-murder judicial-discretion mitigating-circumstances murder sentencing trial-court-error |
in s4/'6'cx-f -fAc_ -fhoAaf £&n 5p*ro-ci>j -fo nouirMr ^
6>/n/nf4- murder ir\ */Ae fiirs^ deyrc-e, '
cm^Un -b •lUyJ WWe./* -/-Ac- dnio.1 ^oo>rt err //… |
| 19-7974 |
Jesse Moreno v. United States |
Ninth Circuit |
2020-03-12 |
Denied |
Response WaivedIFP |
28-usc-2255 career-offender career-offender-guideline constitutional-vagueness criminal-procedure johnson-v-united-states residual-clause section-2255 sentencing timeliness-standard |
1. Whether a § 2255 motion filed within one
year of Johnson v. United States, claiming that
Johnson invalidates the residual clause of the pre-
Booker… |
| 19-7976 |
Lonnie Victor Fleming v. United States |
Ninth Circuit |
2020-03-12 |
Denied |
Response WaivedIFP |
28-usc-2255 career-offender career-offender-guideline constitutional-vagueness criminal-procedure johnson-v-united-states residual-clause section-2255 sentencing timeliness timeliness-standard |
1. Whether a § 2255 motion filed within one year of Johnson v. United States, claiming that Johnson invalidates the residual clause of the pre-Booker … |
| 19-7977 |
Robert Morris Hoff v. United States |
Ninth Circuit |
2020-03-12 |
Denied |
Response WaivedIFP |
career-offender career-offender-guideline constitutional-vagueness criminal-procedure criminal-procedure-28-usc-2255 johnson-v-united-states residual-clause section-2255 sentencing timeliness timeliness-standard vagueness |
1. Whether a § 2255 motion filed within one
year of Johnson v. United States, claiming that
Johnson invalidates the residual clause of the pre-
Booker… |
| 19-7978 |
Ramon Delgado, aka Ramon Delgado-Pina v. United States |
Ninth Circuit |
2020-03-12 |
Denied |
Response WaivedIFP |
administrative-law affection-influence civil-rights constitutional-vagueness criminal-procedure double-jeopardy due-process foreign-nationals foreign-relations security-clearance sentencing uncharged-conduct vagueness |
First, was it unconstitutionally vague to ask Petitioner in a security clearance questionnaire to name the foreign nationals with whom Petitioner had … |
| 19-7979 |
Leo Chadwick v. United States |
Fourth Circuit |
2020-03-12 |
Denied |
Response WaivedIFP |
animal-fighting animal-rights constitutional-rights criminal-procedure due-process equal-protection judicial-bias pre-sentence-report recusal sentencing |
I. Whether A Judge' Statements Demonstrating Extreme Bias Against Pit Bull Owners as a Class And Advocating the Elimination of Anyone Involved in Dogf… |
| 19-7981 |
Marcos Robert Castaneda v. United States |
Ninth Circuit |
2020-03-12 |
Denied |
Response WaivedIFP |
career-offender career-offender-guideline criminal-law criminal-procedure criminal-procedure-28-usc-2255 johnson-v-united-states mandatory-sentencing-guidelines ninth-circuit residual-clause sentencing sentencing-guidelines timeliness void-for-vagueness |
1. Whether a § 2255 motion filed within one year of Johnson v. United States, claiming that Johnson invalidates the residual clause of the pre Booker … |
| 19-1118 |
Jeffrey Todd Palumbo v. Connecticut |
Connecticut |
2020-03-12 |
Denied |
Response Waived |
criminal-procedure criminal-testimony doyle-v-ohio due-process exculpatory-evidence first-time-account impeachment miranda-rights Miranda-warnings prosecutorial-misconduct self-incrimination trial-procedure uncharged-misconduct |
When a criminal defendant has been advised prior to trial of his rights under Miranda v. Arizona, 384 U.S. 346 (1966), and then testifies at trial to … |
| 19-7906 |
Angello A. D. Osborne v. Peter Georgiades |
Fourth Circuit |
2020-03-11 |
Denied |
IFP |
civil-rights constitutional-violation criminal-procedure due-process fabricated-evidence fourth-amendment malicious-prosecution police-misconduct stet unlawful-seizure |
Where a police officer has fabricated evidence against a wrongfully accused criminal defendant, does the entry of a "STET" in the criminal prosecution… |
| 19-7945 |
Zacharias Abab Aguedo v. United States |
Eleventh Circuit |
2020-03-11 |
Denied |
Response WaivedIFP |
appeals appellate-review criminal-conviction criminal-procedure due-process eleventh-circuit insufficient-evidence judgment-of-acquittal sentencing sentencing-errors sufficiency-of-evidence |
I. CERTIORARI REVIEW SHOULD BE GRANTED WHERE THE ELEVENTH CIRCUIT AFFIRMED AGUEDO'S CONVICTIONS WHERE THE EVIDENCE WAS INSUFFICIENT TO SUPPORT AGUEDO'… |
| 19-7954 |
Steven M. Leonhart v. Tim Shoop, Warden |
Sixth Circuit |
2020-03-11 |
Denied |
IFP |
competent-counsel constitutional-rights counsel-performance criminal-procedure due-process effective-counsel ineffective-assistance ineffective-assistance-of-counsel plea-bargain plea-bargaining sixth-amendment strategic-benefit |
Is defense counsel who makes a plea bargain that fails to give his client a substantial strategic benefit acting as competent and effective counsel as… |
| 19-7960 |
Reginald Edward Green v. United States |
Fifth Circuit |
2020-03-11 |
Denied |
Response WaivedIFP |
5th-amendment constitutional-rights criminal-procedure due-process fair-trial fifth-amendment prejudicial-evidence prison-garb shackles |
Is displaying a picture of a defendant shackled, handcuffed, in prison garb and being held by prison staff, over objection, still more prejudicial tha… |
| 19-7962 |
Rodney Jerome Womack v. James Robertson, Warden |
Ninth Circuit |
2020-03-11 |
Denied |
IFP |
criminal-procedure habeas-corpus ineffective-assistance-of-counsel prior-convictions representation-by-counsel right-to-counsel sentencing sentencing-enhancement |
APPEALA c CO Ai ) PfcTLTtkrLlER S£ERTtfl.Ci\T£ OfRested ££>uari _V o/u q me puE«>Tio iu ;
UUAS PETITIOMER REPRESENTED 6s? EQUNSEL X IVi
1*182. PRIOR… |
| 19-7963 |
Yehowshua Yisrael v. Mark S. Inch, Secretary, Florida Department of Corrections |
Florida |
2020-03-11 |
Denied |
Response WaivedIFP |
14th-amendment constitutional-rights criminal-procedure due-process florida-constitution jurisdiction manifest-injustice miscarriage-of-justice procedural-due-process prosecutorial-misconduct substantive-due-process |
1. Did the trial Court and State of Florida Prosecutor invoked a miscarriage
of Justice and manifest Injustice as to wair their conduct did not compor… |
| 19-7964 |
Varis R. Aizupitis v. Delaware |
Delaware |
2020-03-11 |
Denied |
Response WaivedIFP |
attorney-client-privilege confidential-materials constitutional-authority criminal-procedure criminal-procedure-defect criminal-process defense-counsel due-process federal-judiciary federal-jurisdiction ineffective-assistance-of-counsel strategic-intentions structural-defect structural-error |
I. Whether the release of confidential materials by defense counsel creates a structural defect in a criminal process where the release is contrary to… |
| 19-7914 |
Lucas James Moss v. United States |
Fifth Circuit |
2020-03-10 |
Dismissed |
IFP |
vacate the sentence and remand to the Fifth Circu certiorari criminal-procedure due-process fifth-circuit haymond-precedent remand sentence-vacatur sentencing supreme-court-review united-states-v-haymond |
I. Whether this Court should grant certiorari, vacate the sentence and remand to the Fifth Circuit for reconsideration in light of United States v. Ha… |
| 19-7916 |
Mark Gelazela v. United States |
Ninth Circuit |
2020-03-10 |
Denied |
Response WaivedIFP |
18-usc-3282 continuing-offense criminal-indictment criminal-procedure federal-prosecution lulling statute-of-limitations time-barred wire-fraud |
Whether after-the-fact "lulling" allegations extend the statute of limitations for wire fraud beyond the five-year period authorized by 18 U.S.C. § 32… |
| 19-7917 |
Isaac Feldman v. United States |
Eleventh Circuit |
2020-03-10 |
Denied |
Response WaivedIFP |
antisemitic-reference antisemitism appellate-review conspiracy conspiracy-prosecution criminal-procedure double-jeopardy double-jeopardy-clause jury-verdict prosecution prosecutorial-misconduct |
1. Where a jury returns a final verdict on a charge of conspiracy, finding a
defendant guilty of only one of multiple charged offense objects, is 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 allowing a Rage, Hansa h tlie Oe 2 a, MLN ae AoUurs. is a samt ot OSs stylte of Coupse/ Sok ALling to GQ … |
| 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… |
| 19-7939 |
Robert James Pope, Jr. v. Wisconsin |
Wisconsin |
2020-03-10 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
appeal appellate-rights constitutional-right constitutional-rights criminal-procedure effective-assistance-of-counsel forfeiture ineffective-assistance-of-counsel presumption-of-prejudice pro-se pro-se-appeal right-to-appeal sixth-amendment trial-counsel |
Where trial counsel's ineffectiveness in failing to initiate an appeal results in a defendant's loss of appellate rights, can the constitutional right… |
| 19-7940 |
Luis Fernandez Morales v. United States |
Eleventh Circuit |
2020-03-10 |
Denied |
Response WaivedIFP |
18-usc-3582 28-usc-1915 appeals appellate-procedure criminal-appeal criminal-procedure federal-courts in-forma-pauperis merits-determination sentence-modification sentencing statutory-interpretation |
Whether defendant in a federal criminal case is entitled to appeal the district court's judgment denying motion to modify sentence under 18 U.S.C. § 3… |
| 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 |
I. Has the accused's right of confrontation been converted from the prosecutor's duty under Confrontation Clause into the accused's privilege under th… |
| 19-7948 |
Omar N. Davis v. Steven Johnson, Administrator, New Jersey State Prison, et al. |
Third Circuit |
2020-03-10 |
Denied |
Response WaivedIFP |
criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel plea-bargaining right-to-counsel sentencing sixth-amendment trial-counsel |
The main question in this petition is whether a petitioner's due process rights were violated because he had ineffective assistance of counsel. Here, … |
| 19-7950 |
Daejerron L. Valentine v. Nebraska |
Nebraska |
2020-03-10 |
Denied |
Response WaivedIFP |
4th-amendment ambiguity automobile-exception conjunctive consistency criminal-procedure Did the removal of 'or' create ambiguity? disjunctive fourth-amendment Is a defendant entitled to consistent jury instruc jury-instructions jury-trial legislative-history possession probable-cause reasonableness reasonableness-standard scope-of-search search search-and-seizure search-scope statutory-interpretation warrant-requirement warrantless-search |
1) Did the warrantless search of an automobile pursuant to the automobile exception become unreasonable when police officers expanded the search beyon… |
| 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 … |
| 19-7903 |
Alfred Brown v. United States |
Fifth Circuit |
2020-03-09 |
Dismissed |
IFP |
vacate the sentence and remand to the Fifth Circu certiorari criminal-procedure due-process fifth-circuit haymond-precedent remand sentence-vacatur sentencing supreme-court-review united-states-v-haymond |
I. Whether this Court should grant certiorari, vacate the sentence and remand to the Fifth Circuit for reconsideration in light of United States v. Ha… |
| 19-7904 |
Jason Bonds v. United States |
Second Circuit |
2020-03-09 |
Denied |
IFP |
criminal-procedure due-process fifth-amendment minnesota-v-murphy polygraph Polygraph-Examination Right-to-Remain-Silent right-to-silence self-incrimination supervised-release |
Whether a condition of supervised release requiring a defendant to participate in sex offender treatment that may include polygraph examinations viola… |
| 19-7911 |
Thomas William Cornelius, Jr. v. United States |
Ninth Circuit |
2020-03-09 |
Denied |
Response WaivedIFP |
2255-motion 28-usc-2255 appeal criminal-procedure defendant-rights due-process habeas-corpus physical-presence right-to-be-present sentencing |
With respect to a defendant who does not waive his right to be physically present during a re-sentencing hearing, held pursuant to a stipulated resolu… |
| 19-7889 |
Walter Rosario-Colon v. Louisiana |
Louisiana |
2020-03-06 |
Denied |
Response WaivedIFP |
criminal-conviction criminal-law criminal-procedure due-process evidence insufficient-evidence jury-instructions reasonable-jurist second-degree-murder self-defense |
1. Reasonable jurists would determine that Walter Rosario-Colon acted in self-defense when he struck Antonio Aguado. In the alternative, there was Ins… |
| 19-7890 |
Kevin Michael-Ferdinand Richards v. Michigan |
Michigan |
2020-03-06 |
Denied |
IFP |
abuse-of-discretion coercion constitutional-rights criminal-procedure due-process effective-assistance effective-assistance-of-counsel plea-coercion plea-understanding plea-withdrawal trial-court-discretion |
I.
Did The TriAl Court Abuse It's Discretion When It Denied
Pla WithdrAwal Under MCR 6.3IOcB); Mr. RicHaRds HAs
A Due Process Right To PleA Withdrawal… |
| 19-7900 |
Tanino Emon Miller v. Michigan |
Michigan |
2020-03-06 |
Denied |
IFP |
appeals civil-rights constitutional-rights criminal-procedure due-process free-speech habeas-corpus judicial-review legal-procedure sentencing standing statutory-interpretation |
It T&s £vz:t>svcF tki^^FF tctb /^t T Fxr/ub TUB Ftncr-^soe/z
£vTtTi T>T( cv1> A- Bter ]>oo>SF FofZ /4-~&rtuc-r~ k/^T7/
t+jTevT To d?£&rr /3o^ f fi'U&… |
| 19-7902 |
In Re Darnell W. Moon |
|
2020-03-06 |
Denied |
Response WaivedIFP |
civil-procedure civil-rights constitutional-rights criminal-procedure due-process equal-protection free-speech habeas-corpus ineffective-assistance-of-counsel prosecutorial-misconduct qualified-immunity standing takings |
Question not identified. |
| 19-7881 |
Tavares L. Farrington v. United States |
Sixth Circuit |
2020-03-05 |
Denied |
Response WaivedIFP |
4th-amendment criminal-behavior criminal-procedure first-hand-witness fourth-amendment fourth-amendment-search-and-seizure law-enforcement reasonable-suspicion search-and-seizure second-hand-information terry-stop |
Under the Fourth Amendment, a Terry stop and frisk must be supported by reasonable suspicion that a crime has been or will soon be committed. Here, po… |
| 19-7882 |
Brandy V. Harris v. Britney May, et al. |
Fourth Circuit |
2020-03-05 |
Denied |
Relisted (2)IFP |
civil-procedure civil-rights criminal-procedure due-process free-speech public-disorder resisting-arrest standing trespassing wrongful-conviction |
Question not identified. |
| 19-7831 |
Jose Antonio Cortez v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2020-03-04 |
Denied |
IFP |
actual-innocence civil-rights constitutional-law constitutional-rights criminal-procedure due-process fair-trial habeas-corpus ineffective-assistance post-conviction standing statute-of-limitations |
Question not identified. |
| 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 DETECTIVE WAS WHISPERING INTO HIS EARS DURING LIVE SKYPE
TESTIMONY IN… |
| 19-7868 |
Steven B. Turner v. Mike Kemna |
Eighth Circuit |
2020-03-04 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process fair-trial ineffective-assistance-of-counsel plea-bargaining plea-negotiations post-conviction-relief right-to-counsel sentencing sixth-amendment trial-fairness |
In Missouri, it is an ensuing plea of guilty that implicates the constitution. A criminal defendant cannot succeed on a post-conviction claim of ineff… |
| 19-7873 |
Derrick Michael Allen, Sr. v. United States |
Fourth Circuit |
2020-03-04 |
Denied |
Response WaivedIFP |
burden-of-proof case-dismissal civil-procedure civil-rights court-procedure criminal-procedure due-process firearms judicial-review jurisdiction legal-error mens-rea standing statutory-interpretation supreme-court-jurisdiction |
Mr. Alexis appeal asked Justices Gorsuch and Kagan to overturn Defendant's knowledge of his two prior felony convictions under 18 U.S.C. § 922(g). Aff… |
| 19-7876 |
Aaron Richardson v. United States |
Fourth Circuit |
2020-03-04 |
Denied |
Response WaivedIFP |
8th-amendment constitutional-rights criminal-procedure cruel-and-unusual-punishment due-process equal-protection judicial-bias judicial-discretion sentencing sentencing-guidelines |
I. Did an unconstitutional "objective risk of bias," Williams v. Pennsylvania, 136 S. Ct. 1899, 1905 (2016), or "probability of actual bias on the par… |
| 19-7836 |
Tajuddin Salahuddin v. United States |
Fifth Circuit |
2020-03-03 |
Denied |
Response WaivedIFP |
civil-rights criminal-forfeiture criminal-procedure due-process federal-statute property property-rights property-seizure restitution restitution-lien seizure third-party third-party-rights |
1) When the United States of America seizes innocent third-party property and cash; applies 21 U.S.C 853 to forfeit the property but applies a separat… |
| 19-7838 |
Anthony Shockey v. United States |
Seventh Circuit |
2020-03-03 |
Denied |
Response WaivedIFP |
addiction-treatment criminal-justice criminal-law criminal-procedure drug-addiction drug-test due-process parole probation sentencing-guidelines supervised-release violation-classification |
1.When an addict on supervised release fails a drug test should the failure be treated as crime, a grade B violation under Sentencing Guideline § 7B1.… |
| 19-7839 |
Christopher Sanchez v. United States |
Fifth Circuit |
2020-03-03 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure deterrence due-process imprisonment plain-error-review policy-statement policy-statement-range sentencing sentencing-discretion sentencing-factors sentencing-guidelines |
I. Is a single-sentence explanation of "I believe this addresses the issues of adequate deterrence and protection of the public" procedurally reasonab… |
| 19-7851 |
Lenin Martinez-Alvarado v. United States |
Eleventh Circuit |
2020-03-03 |
Denied |
Response WaivedIFP |
18-usc-3553 concurrent-sentences criminal-procedure criminal-sentencing district-court downward-departure eleventh-circuit jurisdiction substantive-reasonableness u.s.s.g-§4a1.3 |
I. WHETHER CERTIORARI REVIEW SHOULD BE GRANTED WHERE THE ELEVENTH CIRCUIT HELD THAT IT DID NOT HAVE JURISDICTION TO REVIEW THE DISTRICT COURT'S DENIAL… |
| 19-7853 |
Jaime Monzon-Silva v. United States |
Ninth Circuit |
2020-03-03 |
Denied |
Response WaivedIFP |
abuse-of-discretion criminal-procedure due-process evidence evidentiary-ruling fugitive judicial-discretion jury-evidence jury-instructions legal-standard trial-procedure |
Did the district court abuse its discretion by permitting a jury to hear evidence that Petitioner believed he was a "wanted fugitive," evidence that d… |
| 19-7854 |
Howronda Overstreet v. United States |
Eleventh Circuit |
2020-03-03 |
Denied |
Response WaivedIFP |
appeal criminal-procedure Did Ms. Overstreet's waiver of appeal unenforceabl Did the district court commit plain error when it due-process guidelines guidelines-calculation plain-error plea-bargaining sentencing sentencing-guidelines waiver |
QUESTION 1: DID MS. OVERSTREET PRESERVE HER RIGHT TO
APPEAL THE DISTRICT COURT'S INAPPLICABLE
GUIDELINES CALCULATION ?
QUESTION 2: WAS MS. OVERSTR… |
| 19-7855 |
Jeremy T. Walker v. United States |
Fifth Circuit |
2020-03-03 |
Denied |
Response WaivedIFP |
certiorari criminal-procedure district-court-discretion federal-jurisdiction firearm-possession material-facts obstruction offense-level-enhancement sentencing-enhancement sentencing-guidelines serial-number serial-number-obliteration |
Whether the district court erred at sentencing by increasing Mr. Walker's Sentencing Guidelines offense level for possessing a gun with an obliterated… |
| 19-7856 |
Richard Kenneth Djerf v. David Shinn, Director, Arizona Department of Corrections |
Ninth Circuit |
2020-03-03 |
Denied |
IFP |
circuit-split criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel pro-se-representation right-to-counsel sixth-amendment waiver-of-counsel |
In a state capital murder case, the state prosecutor and trial court recognized on the record that trial counsel were not properly investigating and p… |
| 19-7864 |
Derek Crosby v. Illinois |
Illinois |
2020-03-03 |
Denied |
IFP |
constitutional-challenge criminal-procedure criminal-sentencing due-process indictment jury jury-determination legislative-power sentencing separation-of-powers statutory-maximum |
Whether The Legislature Can Remove The Facts From The Jury That Increase The Statutory Maximum ?
Whether Defendant Was Properly Found Death Eligible … |
| 19-7826 |
Marlon R. Miller v. United States |
Eleventh Circuit |
2020-03-02 |
Denied |
Response WaivedRelisted (2)IFP |
appellate-review criminal-procedure document-sealing due-process first-amendment judicial-transparency law-enforcement-misconduct public-access public-access-to-courts right-to-fair-trial sealed-records |
Whether the district court correctly sealed an entire category of information from public access, including preventing Mr. Miller from having meaningf… |
| 19-7833 |
Inocente Rodriguez-Juarez v. United States |
Fifth Circuit |
2020-03-02 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum |
I. Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and ei… |
| 19-7834 |
Travis Soto v. Ohio |
Ohio |
2020-03-02 |
Denied |
Amici (1)Response RequestedResponse WaivedRelisted (2)IFP |
criminal-procedure federal-courts fifth-amendment finality plea-bargaining constitutional-rights criminal-procedure double-jeopardy federal-courts fifth-amendment finality jury-trial plea-agreement plea-bargaining |
This Court has yet to resolve the question lying at the core of this appeal, which has produced a split amongst this country's federal and state judic… |
| 19-7840 |
Victor Dewayne Jones v. Joe Errington |
Fifth Circuit |
2020-03-02 |
Denied |
Response WaivedIFP |
civil-rights competency-hearing criminal-procedure due-process guilty-plea ineffective-assistance judicial-review mental-competency mental-evaluation post-conviction psychiatric-evaluation public-defender sentencing sentencing-petition trial-counsel |
whather Petitioner was denied his right to bue Process of Law
where the pike counts Circuit court convicted Petitioner with out a Mental
Evaluation an… |
| 19-7843 |
Tony Buck v. United States |
Fifth Circuit |
2020-03-02 |
Denied |
Response WaivedIFP |
bureau-of-prisons constitutional-law constitutional-rights conviction criminal-conviction criminal-procedure double-jeopardy due-process federal-jurisdiction judicial-review punishment punishment-clause sentencing |
Whether the Judgment of Conviction should be vacated as a violation of the Double Jeopardy Clause because the Judgment punishes Mr. Buck for the exact… |
| 19-7844 |
Buck Otto White, aka Timothy Joseph Hoffman v. United States |
Eighth Circuit |
2020-03-02 |
Denied |
Response WaivedIFP |
appeals civil-rights criminal-procedure due-process equal-protection habeas-corpus sentencing |
Was it an abuse of discretion to sentence Buck White when the Statutory Maximum is 10 years or 120 months?
Did the 8th Circuit Court of Appeals abuse… |
| 19-7847 |
Lee D. Watts v. Tennessee |
Tennessee |
2020-03-02 |
Denied |
Response WaivedIFP |
confession confession-suppression criminal-interrogation criminal-procedure ineffective-assistance police-interrogation police-questioning right-to-counsel sixth-amendment suppression voluntariness |
Question #1: Whether petitioner's Original trial counsel rendered ineffective assistance of counsel in violation of U.S. Const. Amn. 6 when counsel fa… |
| 19-7848 |
Barton Joseph Adams v. United States |
Fourth Circuit |
2020-03-02 |
Denied |
Response WaivedIFP |
binding-plea-agreement criminal-procedure criminal-procedure-rule-11-c-1-c criminal-procedure-rule-32-2-e-1-a district-court-misconduct due-process forfeiture plea-agreement property-forfeiture property-rights protective-order rule-11 rule-32.2 sealed-court-order sealing-orders sentencing sentencing-procedure |
Whether the lower court violated the mandatory requirements of Rule 32.2(e)(1)(A) and breached the Rule 11(c)(1)(C) binding sentence, when the distric… |
| 19-1072 |
Scott Rothstein v. United States |
Eleventh Circuit |
2020-03-02 |
Denied |
Response Waived |
cooperation cooperation-credit criminal-procedure due-process evidentiary-hearing government-withdrawal plea-agreement rule-35 rule-35-motion |
A. Whether the Government's right to withdraw a previously earned and filed Rule 35 Motion, where the plea agreement fails to warn the defendant of th… |
| 19-1071 |
Gerald Claude Carlson v. United States |
Ninth Circuit |
2020-02-28 |
Denied |
Response Waived |
circuit-split counsel-of-choice criminal-procedure delay due-process inconvenience judicial-discretion motion-to-terminate right-to-counsel sixth-amendment standard-of-review supervisory-powers |
1. Whether the Carlson Court's Memorandum Opinion conflicts with other Ninth Circuit opinions holding that a finding of substantial or undue delay is … |
| 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 |
1. Whether the Confrontation Clause prohibits
the prosecution from introducing into evidence at trial
a certified lab report reflecting statements of
… |
| 19-1068 |
Keith Inchierchiere v. Florida Department of Corrections, et al. |
Eleventh Circuit |
2020-02-28 |
Denied |
Response Waived |
attorney-misconduct criminal-procedure guilty-plea ineffective-assistance ineffective-assistance-of-counsel public-defender retained-attorney sentencing-exposure seventy-year-term trial-rights |
1. Does a defendant receive ineffective assistance of counsel where his retained attorney fails to appear on the first day of trial, and, after receiv… |
| 19-1070 |
Jeffrey Alan Olson v. Pennsylvania |
Pennsylvania |
2020-02-28 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
4th-amendment Birchfield-v-North-Dakota blood-draw constitutional-rights criminal-penalties criminal-procedure due-process retroactivity substantive-law supreme-court-precedent warrantless-blood-draw warrantless-search |
Whether this Court's holding that states may not
impose criminal penalties on the refusal to submit to
a warrantless blood draw, Birchfield v. North D… |
| 19-7812 |
Lajbar Lajaward Khan v. United States |
Second Circuit |
2020-02-28 |
Denied |
Response WaivedIFP |
clearly-erroneous criminal-procedure declaration district-court drug-quantity drug-weight fatico-hearing objections probation-office role-enhancement sentencing sentencing-guidelines standard-of-review |
Whether the District Court's findings as to drug weight and role were clearly erroneous. |
| 19-7817 |
Maria de Lourdes Acosta v. United States |
Ninth Circuit |
2020-02-28 |
Denied |
Response WaivedIFP |
criminal-procedure district-court judicial-procedure plain-error pre-sentence-report prejudice procedural-error sentencing |
When the district court fails to either order a Pre-Sentence Report or make explicit on-the-record findings as to why a Pre-Sentence Report is unneces… |
| 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 U.S. Constitution, which affords an accused the right to confront his or her accusers, for a court to allo… |
| 19-7820 |
Marcus Derby v. United States |
Eighth Circuit |
2020-02-28 |
Denied |
Response WaivedIFP |
circuit-split conspiracy conspiracy-involvement criminal-procedure drug-trafficking essential-participant minor-participant minor-role reduction sentencing-guidelines supplier |
In 2015, the United States Sentencing Guidelines were amended to clarify that defendants are entitled to the "minor role" reduction, even if they are … |
| 19-7824 |
Dexter Fisher v. United States |
Seventh Circuit |
2020-02-28 |
Denied |
Response WaivedIFP |
924(c) categorical-approach crime-of-violence criminal-procedure firearm-brandishing hobbs-act section-924c sentencing statutory-interpretation |
Whether Mr. Fisher's § 924(c) convictions for brandishing a firearm during a crime of violence must be vacated because the Hobbs Act robbery offenses … |
| 19-7804 |
Ramon F. Flores v. United States |
Sixth Circuit |
2020-02-27 |
Denied |
Response WaivedIFP |
18-usc-3582 appeal criminal-procedure drug-quantity guideline-range guidelines procedural-bar sentence-reduction sentencing sentencing-amendment |
In a sentence reduction application matter pursuant to 1 8
U.S.C. § 3582(c)(2) under Amendment 782,to the Sentencing
Guidelines, if a defendant object… |
| 19-7808 |
Richard Wayne Taylor v. Texas |
Texas |
2020-02-27 |
Denied |
IFP |
14th-amendment constitutional-law constitutional-validity conviction criminal-procedure due-process judicial-procedure jurisdiction oath-of-office sentencing |
WHETHER THE TRIAL JUDGE'S FAILURE TO RETAKE AND REFILE A VALID OATH OF OFFICE BEFORE PRONOUNCING SENTENCE, RENDERS A JUDGEMENT, CONVICTION AND SENTENC… |
| 19-7768 |
Jibriil A. Hersi v. Harold May, Warden |
Sixth Circuit |
2020-02-27 |
Denied |
Response WaivedIFP |
access-to-courts coercion constitutional-rights criminal-procedure due-process evidence-sufficiency judicial-misconduct jury-trial police-misconduct prosecutorial-discretion prosecutorial-misconduct right-to-appeal transcript trial-irregularities |
1) Whether I am entitled to get the missing records from my trial in Medina County, Ohio for statements made by the judge outside the hearing of the j… |
| 19-7775 |
Rande Brian Isabella v. United States |
Tenth Circuit |
2020-02-27 |
Denied |
Response WaivedIFP |
circuit-court-review circumstantial-evidence conflict-among-circuits criminal-liability criminal-procedure criminal-procedure-18-usc-2251a due-process evidence evidence-standard jackson-v-virginia judicial-procedure sexting statutory-interpretation substantial-step |
Whether if was prejudicial error for the Tenth Circuit Court of Appeals to depart from the accepted and usual course of judicial proceedings by disreg… |
| 19-7794 |
Jeremy Shane Fogleman v. Mississippi |
Mississippi |
2020-02-27 |
Denied |
Amici (1)Response RequestedResponse WaivedRelisted (2)IFP |
burden-of-proof civil-rights constitutional-rights criminal-procedure due-process fourteenth-amendment sentencing sentencing-enhancement sixth-amendment |
1) Does the SUPREME COURT of the STATE of MISSISSIPPI'S DECISION REVERSING the COURT Of APPEALS of the STATE Of MISSISSIPPI'S, 9-0 UNANIMOUS DECISION … |
| 19-7797 |
Lonnie W. Hubbard v. United States |
Sixth Circuit |
2020-02-27 |
Denied |
Response WaivedIFP |
burden-of-proof controlled-substances criminal-law criminal-procedure criminal-statute due-process medical-necessity medical-practice medical-purpose prescription-dispensing prescription-drugs professional-practice statutory-interpretation |
WHETHER THE COURT OF APPEALS ERRED BY HOLDING A JURY COULD RATIONALLY CONCLUDE THAT DEFENDANT PHARMACIST ABDICATED HIS DUTY UNDER §§ 1306.04(a) & 841(… |
| 19-7799 |
Desmond Baker v. Florida |
Florida |
2020-02-27 |
Denied |
IFP |
criminal-procedure eighth-amendment fourteenth-amendment juvenile-offender juvenile-offenders juvenile-sentencing life-sentence life-without-parole mandatory-sentencing parole sentencing-review |
Do the Eighth Amendment and Fourteenth Amendment to the United States juvenile homicide offender, who has certain nonhomicide felony convictions, to s… |
| 19-7767 |
Octavio Torres Ortega v. Florida Attorney General, et al. |
Eleventh Circuit |
2020-02-26 |
Denied |
Response WaivedIFP |
civil-procedure civil-rights criminal-procedure due-process evidentiary-hearing factual-record ineffective-assistance ineffective-assistance-of-counsel judicial-review new-trial reversible-errors standing trial-counsel trial-errors |
QUESTION ONE
SHOULD ANY OF THE REVIEWING COURT 'S HAVE
REVERSED FOR AN EVIDENTIARY HEARING TO DEVELOP
AN ACCURATE FACTUAL RECORD
QUESTION TWO
WAS C… |
| 19-7771 |
Christopher Benjamin Blanton v. United States |
Fifth Circuit |
2020-02-26 |
Denied |
Response WaivedIFP |
vacate the sentence and remand to the Fifth Circu certiorari criminal-procedure due-process fifth-circuit haymond-precedent sentence-vacatur sentencing supreme-court supreme-court-review united-states-v-haymond |
Whether this Court should grant certiorari, vacate the sentence and remand to the Fifth Circuit for reconsideration in light of United States v. Haymo… |
| 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… |
| 19-7779 |
Freddy Garcia v. Texas |
Texas |
2020-02-26 |
Denied |
IFP |
constitutional-error criminal-procedure due-process due-process,criminal-procedure,constitutional-erro harmless-error indictment indictment-variance jury-conviction jury-trial standard-of-review |
A jury convicted Freddy Garcia for a felony arising from a different incident than the one for which he was indicted. The State gave no pretrial notic… |
| 19-7780 |
Frank Harper v. United States |
Sixth Circuit |
2020-02-26 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
18-USC-924(c) 18-usc-924c carjacking-by-intimidation collateral-review consecutive-sentences criminal-procedure dean-v-united-states ineffective-assistance ineffective-assistance-of-counsel Predicate-Offense retroactivity sentencing-guidelines statutory-interpretation |
I. A. Should certiorari be granted to determine whether Harper was denied the effective assistance of counsel for the failure to challenge on appeal a… |
| 19-7782 |
Stephen Mayer v. United States |
Eleventh Circuit |
2020-02-26 |
Denied |
Response WaivedIFP |
absolute-immunity contempt-of-court-18-usc-401 contempt-proceedings criminal-procedure criminal-procedure-42-a-2 federal-jurisdiction federal-jurisdiction-28-usc-1331 federal-rules-of-criminal-procedure government-misconduct immunity judicial-immunity statutory-interpretation |
I.
WHETHER THE ELEVENTH CIRCUIT'S OPINION DECLINING JURISDICTION
OVER CONTEMPT PROCEEDINGS UNDER 18 U.S.C. §401, VIOLATES FEDERAL
RULES OF CRIMINAL P… |
| 19-7789 |
Steven Klein v. California, et al. |
Ninth Circuit |
2020-02-26 |
Denied |
IFP |
burden-of-proof cage-v-louisiana criminal-procedure due-process fourteenth-amendment jury-instructions reasonable-doubt structural-error sullivan-v-louisiana |
Whether the trial court erred by overruling Klein's objection to prosecution's
misstated of the burden of proof during closing arguments when he instr… |
| 19-7791 |
Jermaine Michael Jackson v. Pennsylvania |
Pennsylvania |
2020-02-26 |
Denied |
Response WaivedIFP |
alibi-defense civil-rights constitutional-rights criminal-procedure due-process fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel presumption-of-prejudice right-to-counsel sixth-amendment |
1. DID THE SUPERIOR COURT FAIL TO ANALYSIS PETITIONER CLAIM UNDER THE PRESUMPTION OF PREJUDICE STANDARD UNDER CRONIC?
2. WAS TRIAL COUNSEL ABANDONMEN… |
| 19-1060 |
Victor Thomas v. New York |
New York |
2020-02-26 |
Denied |
Amici (2)Response Waived |
appeal appellate-jurisdiction criminal-defendant criminal-procedure garza-v-idaho jurisdiction right-to-counsel sixth-amendment supreme-court-precedent waiver waiver-of-appeal |
Whether a provision in a waiver of appeal that forbids a criminal defendant from filing a notice of appeal, and in so doing also strips superior court… |
| 19-1055 |
Dustin Moss v. United States |
First Circuit |
2020-02-25 |
Denied |
Response Waived |
4th-amendment civil-procedure criminal-procedure evidence-suppression fourth-amendment fourth-amendment-violation illegal-search package package-description particularity-requirement probable-cause search-warrant tracking-number |
Where a search warrant particularly described a package to be searched, was the search of a completely different package illegal where that package wa… |
| 19-7765 |
William Reyes v. Robert Ercole, Superintendent, Green Haven Correctional Facility |
Second Circuit |
2020-02-25 |
Denied |
Response WaivedIFP |
2254 conviction criminal-procedure due-process fair-trial habeas-corpus perjury prosecutorial-misconduct reasonable-likelihood section-2254 witness-testimony |
Is a defendant deprived of his right to due process of law when he would not have been convicted had perjury not been introduced at his trial?
The qu… |
| 19-7769 |
Demetrius Antwon Wilson v. David Shinn, Director, Arizona Department of Corrections, et al. |
Ninth Circuit |
2020-02-25 |
Denied |
IFP |
6th-amendment competency competency-to-stand-trial constitutional-rights criminal-investigation criminal-procedure due-process evidence fair-trial fifth-amendment ineffective-assistance-of-counsel interrogation law-enforcement plea-bargaining prosecutorial-misconduct self-representation |
If yourrepresenting yourself
do you think I'm
Competent to Stand trial or Sign a plea If you had
Fecent Surgery of having Part of your Intestine remov… |
| 19-7776 |
Mickel L. Marzouk v. United States |
Fourth Circuit |
2020-02-25 |
Denied |
Response WaivedIFP |
924(c) crime-of-violence criminal-procedure criminal-sentencing due-process elements-clause fair-sentencing-act fourth-circuit hobbs-act rule-of-lenity sentencing sentencing-enhancement statutory-interpretation |
Petitioner Mickel L. Marzouk presents two questions for this Court's review:
1. Whether Petitioner's sentence on the second § 924(c) conviction and t… |
| 19-7739 |
H. K. V. v. Florida Department of Children and Families, et al. |
Florida |
2020-02-24 |
Denied |
Response WaivedRelisted (2)IFP |
appeals appellate-review civil-procedure civil-rights constitutional-rights criminal-procedure due-process equal-protection judicial-discretion jurisdiction legal-interpretation standing |
Question not identified. |
| 19-7743 |
Robert Paul Langley, Jr. v. Oregon |
Oregon |
2020-02-24 |
Denied |
IFP |
appointment-of-counsel attorney criminal-procedure marion-county-circuit-court oregon-supreme-court state-court-procedure breakdown-in-communication criminal-procedure effective-assistance-of-counsel indigent-defendant right-to-counsel sixth-amendment |
Question not identified. |
| 19-7747 |
Christopher Robert Sueiro v. United States |
Fourth Circuit |
2020-02-24 |
Denied |
Response WaivedIFP |
28-usc-1291 appellate-jurisdiction collateral-order-doctrine criminal-procedure due-process final-judgment interlocutory-appeal self-representation sixth-amendment |
1. Whether, under 28 U.S.C. § 1291 and the collateral order doctrine, a criminal defendant may appeal an interlocutory order denying the defendant's r… |
| 19-7752 |
Daniel Ochoa v. United States |
Eleventh Circuit |
2020-02-24 |
Denied |
Response WaivedIFP |
criminal-procedure custodial-interrogation custody due-process eleventh-circuit fifth-amendment miranda-rights miranda-v-arizona pre-miranda-questioning public-safety-exception self-incrimination |
Whether Mr. Ochoa's Fifth Amendment rights were violated when the
Eleventh Circuit Court of Appeals found that the public-safety-exception to this
Cou… |
| 19-7757 |
Babatunde Popoola v. United States |
Fourth Circuit |
2020-02-24 |
Denied |
Response WaivedIFP |
bank-fraud consent criminal-law criminal-procedure financial-crimes identity-theft money-laundering predicate-crime statutory-interpretation |
WHETHER A PERSON WHO WITH THE
CONSENT OF A BANK
ACCOUNT HOLDER PROVIDES IDENTIFYING
INFORMATION TO A
THIRD PARTY TO DEPOSIT
FUNDS INTO THE ACCOUNT W… |
| 19-7758 |
Lin Ouyang v. Achem Industry America, Inc. |
California |
2020-02-24 |
Denied |
Response WaivedIFP |
14th-amendment appeal civil-procedure civil-rights court-appointed-counsel criminal-appeal criminal-procedure due-process equal-protection equal-protection-clause fourth-amendment indigent-defendant indigent-rights misdemeanor-conviction right-to-counsel |
Whether the state court's dismissal of the appeal from misdemeanor conviction, despite the lack of assistance of counsel on appeal, violates the Equal… |
| 19-1045 |
Raminder Kaur v. Maryland |
Maryland |
2020-02-24 |
Denied |
Response RequestedResponse WaivedRelisted (3) |
attorney-client-privilege constitutional-rights criminal-defendant criminal-procedure defense-counsel privileged-communications prosecutorial-misconduct sixth-amendment sixth-amendment-right-to-counsel work-product work-product-doctrine |
Whether the Sixth Amendment prohibits trial of a criminal defendant by prosecutors with extensive knowledge of both her privileged communications with… |
| 19-1050 |
Kyle Brooks v. Colorado |
Colorado |
2020-02-24 |
Denied |
Response Waived |
allocution criminal-procedure due-process essential-element guilty-plea ineffective-assistance-of-counsel judicial-error plea-bargaining voluntary-plea |
Due process requires that a guilty plea be voluntary, knowing, and intelligent. Here, the charging document omitted an essential element of the crime.… |
| 19-1052 |
Andre G. Dewberry v. United States |
Eighth Circuit |
2020-02-24 |
Denied |
|
appeal appellate-review criminal-procedure guilty-plea self-representation sixth-amendment waiver |
Whether a guilty plea waives a challenge on appeal to the denial of a defendant's Sixth Amendment right to represent himself. |
| 19-7734 |
Andre Dennis v. Steven Johnson, Administrator, New Jersey State Prison, et al. |
Third Circuit |
2020-02-21 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process fifth-amendment ineffective-assistance ineffective-assistance-of-counsel interrogation miranda-rights sixth-amendment suppression-of-evidence |
Did counsel render ineffective assistance by failing to seek suppression of
Mr. Dennis' statements to police because he was not re-Mirandized followin… |
| 19-7662 |
Juan Orellana v. Raymond Madden, Warden |
Ninth Circuit |
2020-02-20 |
Denied |
Response WaivedIFP |
5th-amendment 5th-amendment-violation admissibility-of-statement criminal-procedure criminal-trial custodial-interrogation due-process evidence-admission fifth-amendment obstruction right-to-counsel unambiguous-request |
Whether Orellana's Fifth Amendment right to counsel was violated when, in the course of custodial interrogation, the detective obstructed Orellana's u… |
| 19-7663 |
Ryan Douglas LaSalle v. United States |
Ninth Circuit |
2020-02-20 |
Denied |
Response WaivedIFP |
appellate-review categorical-analysis congressional-definition criminal-procedure federal-regulations guidelines guidelines-miscalculation plain-error regulatory-definition sentencing statutory-interpretation taylor-categorical-analysis taylor-v-united-states |
Can a court of appeals successfully avoid undertaking plain error review of a Guidelines miscalculation by relying on a federal regulatory definition … |
| 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 (as the D.C., Second, Eighth, Ninth, Tenth, and Eleventh Circuits hold, see United States U. Price, 409 F.3d 436, 444 (D.C. Cir. 2005; United … |
| 19-7719 |
Adam Christopher Sheafe v. United States |
Ninth Circuit |
2020-02-20 |
Denied |
Response WaivedIFP |
circumvent-obligations circumvention criminal-procedure detainer federal-government federal-state-relations federal-transfer habeas-corpus habeas-corpus-ad-prosequendum interstate-agreement-on-detainers judicial-discretion purpose-of-iad state-filed-detainer violate-purpose writ-of-habeas-corpus-ad-prosequendum |
1. Whether the Interstate Agreement on Detainers applies when the State, in which the federal district sits, filed a detainer and the federal governme… |
| 19-7723 |
James William Brammer v. Raymond Madden, Warden |
Ninth Circuit |
2020-02-20 |
Denied |
Response WaivedIFP |
certiorari circuit-split criminal-procedure critical-stage motion-for-new-trial new-trial right-to-counsel sixth-amendment writ-of-certiorari |
HI. DOES THE SIXTH AMENDMENT'S RIGHT TO COUNSEL, INCLUDE APPOINTMENT OF COUNSEL FOR PROSECUTION OF MOTION FOR A NEW TRIAL?
112. IS A MOTION FOR A NEW… |
| 19-7724 |
Byron R. Barker v. Texas |
Texas |
2020-02-20 |
Denied |
IFP |
burden-of-proof constitutional-rights criminal-procedure due-process evidence-rule-403 extraneous-offenses fair-trial texas-code-of-criminal-procedure texas-criminal-procedure texas-rules-of-evidence |
Does the introduction of extranseous offenses, pursuant to Texas Code of Criminal Procedure Article 38.37 violate the right to a fair trial and shift … |
| 19-7709 |
John A. Toth v. Peter Antonacci, et al. |
Eleventh Circuit |
2020-02-19 |
Denied |
IFP |
42-usc-1983 civil-rights constitutional-violation criminal-procedure due-process eleventh-circuit equal-protection federal-review habeas-corpus ineffective-assistance qualified-immunity treaty |
Question not identified. |
| 19-7711 |
John Patrick Vescuso v. United States |
Ninth Circuit |
2020-02-19 |
Denied |
Response WaivedIFP |
aggravating-factor apprendi apprendi-error circuit-split criminal-procedure indictment prejudice sentencing |
When assessing if a defendant was prejudiced by a district court's imposing a sentence greater than the maximum authorized by the charge in the indict… |
| 19-1037 |
Sok Bun v. United States |
Fourth Circuit |
2020-02-19 |
Denied |
|
circuit-split criminal-procedure detainers due-process interstate-agreement interstate-agreement-on-detainers legal-interpretation motion motions standing trial trial-court trial-motion |
Whether a defendant is "unable to stand trial" within the meaning of the Interstate Agreement on Detainers, 18 U.S.C. App. 2, § 2, art. VI(a), when he… |
| 19-7682 |
Eric Beverly v. United States |
Fifth Circuit |
2020-02-18 |
Denied |
Response WaivedIFP |
cell-site-location-information criminal-procedure evidence-suppression exclusionary-rule fourth-amendment good-faith-exception probable-cause search-and-seizure warrant warrant-application |
Whether Petitioner's rights under the Fourth Amendment were violated when the government used misleading information to seek a warrant for evidence it… |
| 19-7685 |
Dominic Lindsey v. United States |
Fifth Circuit |
2020-02-18 |
GVR |
IFP |
appellate-review criminal-procedure factual-determination factual-errors federal-rule-criminal-procedure federal-rules federal-rules-of-criminal-procedure judicial-error plain-error plain-error-review precedent sentencing standard-of-review |
Does plain-error review under Federal Rule of
Criminal Procedure 52(b) include factual errors? |
| 19-7687 |
Miguel Palacios Plata v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2020-02-18 |
Denied |
IFP |
civil-rights court-of-criminal-appeals criminal-procedure discovery dna-evidence due-process evidence habeas-corpus innocence newly-discovered-evidence post-conviction-relief statutory-interpretation |
Whether Favorcdle Eurdence KnocnAt The Time Of Trral
But Excluded And Jury Rrevented FromSeeingOr
Hearing, Can This Evidence Now Be Conesrderede
As Ne… |
| 19-7695 |
Arturo Delacruz v. United States |
Third Circuit |
2020-02-18 |
Denied |
Response WaivedIFP |
brandishing criminal-procedure group-one-robbery ineffective-assistance ineffective-assistance-of-counsel otherwise-used plea-negotiation robbery-offense sentencing-guidelines weapon-enhancement |
Because Petitioner did not explicitly admit to facts that would support an "otherwise used" weapon enhancement, as opposed to a "brandishing" weapon e… |
| 19-7696 |
In Re Nicholas Todd Sutton |
|
2020-02-18 |
Denied |
IFP |
14th-amendment 5th-amendment capital-sentencing constitutional-rights criminal-procedure criminal-trial death-penalty due-process fifth-amendment fourteenth-amendment habeas-corpus physical-restraints visible-jury |
In Deck v. Missouri, 544 U.S. 622, 629 (2005), this Court held that "the Fifth and Fourteenth Amendments prohibit the use of physical restraints visib… |
| 19-7698 |
Martin Calderon-Ortalejo v. United States |
Fifth Circuit |
2020-02-18 |
Denied |
Response WaivedIFP |
acceptance-of-responsibility criminal-procedure extensive-scope extensive-scope-planning fifth-circuit-review judicial-abuse-of-discretion offense-level-enhancement plea-agreement sentencing-discretion substantial-interference substantial-interference-with-justice total-offense-level |
Did the United States District Court for the Northern District of Texas, Lubbock Division, abuse its discretion by imposing two consecutive sentences … |
| 19-7674 |
Kyle K. Clark v. Kevin Lindsay, Warden |
Sixth Circuit |
2020-02-14 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
competency-hearing criminal-procedure criminal-responsibility cronic-standard right-to-counsel sixth-amendment state-action united-states-v-cronic |
DID THE SIXTH CIRCUIT DEPART FROM THIS COURT'S PRIOR DECISIONS
AND CREATE A CONFLICT WITH ITS OWN PRECEDENT AND A SPLIT
WITH OTHER CIRCUITS REQUIRING … |
| 19-7679 |
Jonathan Brownlee v. Keith Hearns, et al. |
Third Circuit |
2020-02-14 |
Denied |
Response WaivedRelisted (2)IFP |
civil-rights criminal-procedure due-process probation-officer restitution sentencing supervised-release |
1th KNowINGLy fobricating and f/ing a FAKE Supervrsed Release violatron charge against
he Petthoner, which caused the Petitrorer's ijuries of loss of … |
| 19-7680 |
Samuel Howard v. Nevada |
Nevada |
2020-02-14 |
Denied |
IFP |
appellate-review capital-punishment constitutional-law criminal-procedure death-penalty death-penalty-sentencing due-process hurst-v-florida judicial-precedent retroactivity sentencing sentencing-procedure sixth-amendment |
1. Whether appellate reweighing is constitutional after Hurst v. Florida, 136 S. Ct. 616 (2016).
2. Whether Hurst is retroactive. |
| 19-7624 |
Jerome Shaw v. United States |
Second Circuit |
2020-02-12 |
Rehearing |
Response WaivedRelisted (2)IFP |
acceptance-of-responsibility burden-of-proof criminal-procedure due-process eighth-amendment excessive-fines excessive-fines-clause fatico-hearing sentencing |
Whether the District Court violated Petitioner's Due Process
Rights when it erroneously found that the Government had
sustained its burden of proof … |
| 19-7625 |
Robert L. Swinton, Jr. v. Florida |
Florida |
2020-02-12 |
Rehearing |
Response WaivedRelisted (2)IFP |
appeal constitutional-rights criminal-procedure criminal-procedure-appeal due-process ineffective-assistance-of-counsel right-to-counsel sentencing sentencing-errors sentencing-guidelines sixth-amendment structural-error |
(1) Is it structural error when sentencing errors were corrected by appeals court on direct appeal without defense counsel, and a constitutional denia… |
| 19-7633 |
Anthony Allen v. Illinois |
Illinois |
2020-02-12 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-law criminal-procedure due-process fourteenth-amendment intent-element jury-instruction jury-instructions presumption-of-intent reasonable-doubt |
I. In an action in which the sole claim is whether,in a case in which
intent is an element of the crime convicted of,the jury instruction,
"the law … |
| 19-7648 |
Otis Renaldo Harris v. United States |
Fourth Circuit |
2020-02-12 |
Denied |
Response WaivedIFP |
criminal-justice criminal-procedure discretion discretionary-power district-court due-process equal-protection judicial-review sentencing sentencing-reduction statutory-interpretation |
I. WHETHER THE DISTRICT COURT ABUSED ITS DISCRETION
WHEN IT FOUND THAT PETITIONER HARRIS WAS NOT ELIGIBLE
FOR A SENTENCE REDUCTION UNDER SECTION 404? |
| 19-7651 |
Craig Keyon White v. Robert Fox, Warden |
Ninth Circuit |
2020-02-12 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure criminal-trial due-process eyewitness-identification ineffective-assistance ineffective-assistance-of-counsel right-to-counsel sixth-amendment |
(1) Whether the unduly suggestive pretrial identification procedure and resulting unreliable identifications admitted against White at his criminal tr… |
| 19-7653 |
Roosevelt Bigbee, Jr. v. Jonathan Lebo, Warden |
Tennessee |
2020-02-12 |
Denied |
Response WaivedIFP |
5th-amendment constructive-amendment conviction criminal-attempt criminal-procedure due-process felony-murder indictment plea-agreement robbery statute testimony |
Whether the admission of the plea agreement test mony evidence, of felony murder in the Perpetration of a robbery Included Tenn 3a-12-101 Criminal att… |
| 19-7630 |
Paris Hollingshed v. United States |
Eighth Circuit |
2020-02-11 |
Denied |
Response WaivedIFP |
criminal-procedure fairness-integrity judicial-review jury-instructions plain-error public-reputation substantial-rights supreme-court-precedent trial-record |
(1) Whether plain-error review for failure to instruct on an element of the offense, based upon an intervening U.S. Supreme Court decision, allows cou… |
| 19-7632 |
Joshua Allen Bolen v. Erik A. Hooks, Secretary, North Carolina Department of Public Safety |
Fourth Circuit |
2020-02-11 |
Denied |
IFP |
2nd-amendment 5th-amendment 8th-amendment civil-rights constitutional-rights criminal-procedure due-process equal-protection judicial-interpretation sentencing standing statute-of-limitations takings |
can a person really sign away the U.S. constitution's guaranteed rights, and amendment 14 the U.S. cnstition, that in ladder part is a right, as well … |
| 19-7635 |
Timothy Courtney v. United States |
Fifth Circuit |
2020-02-11 |
Denied |
Response WaivedIFP |
almendarez-torres constitutional-interpretation constitutional-law criminal-law criminal-procedure due-process judicial-precedent prior-convictions sentencing sentencing-enhancement statutory-interpretation supreme-court-review |
1. Whether the holding in Almendarez-Torres creating an exception for not having to prove the existence of prior convictions when used to enhance a de… |
| 19-7638 |
Rodrigo Cruz Perez v. United States |
Fourth Circuit |
2020-02-11 |
Denied |
Response WaivedIFP |
acceptance-of-responsibility circuit-split constitutional-rights criminal-procedure criminal-sentencing fifth-amendment sentencing-guidelines sixth-amendment split-among-circuits |
Under the U.S. Sentencing Guidelines, a defendant who accepts responsibility for an offense receives a two-point reduction on the offense level. U.S.S… |
| 19-7601 |
Craig K. Garrett v. Joseph Madder, et al. |
Ninth Circuit |
2020-02-10 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure digital-privacy due-process effective-assistance-of-counsel fourth-amendment ineffective-assistance-of-counsel law-enforcement probable-cause prosecutorial-misconduct public-defender right-to-counsel search-and-seizure state-attorney |
Question not identified. |
| 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 |
The federal courts found that his wife's voice-from-the-grave letter violated Jensen's confrontation right and granted his habeas petition, ordering t… |
| 19-7611 |
D'Marlo Levonne Faulk Johnson v. North Carolina |
North Carolina |
2020-02-10 |
Denied |
IFP |
6th-amendment appeal-process appellate-process constitutional-rights criminal-procedure due-process effective-assistance-of-counsel ineffective-assistance ineffective-assistance-of-counsel notice-of-appeal post-conviction right-to-counsel sixth-amendment |
Does the Sixth Amendment Right To Counsel extend to the Appellate process?
Whether the effective assistance of Counsel when Petitioner are to they re… |
| 19-7614 |
Jason Perry v. Richard Brown |
Seventh Circuit |
2020-02-10 |
Denied |
Response WaivedIFP |
brady-rule civil-procedure civil-procedure-rules constitutional-rights criminal-procedure due-process evidence exculpatory-evidence habeas-corpus judicial-review standing state-court |
1. Whether the Courts violated Rule 2/a) Governing Section 2254 Cases?
2. Whether withholding an officer's statement until the habeas Corpus stage is… |
| 19-7615 |
William E. Vukich v. Unified Judicial System of Pennsylvania |
Third Circuit |
2020-02-10 |
Denied |
IFP |
appellate-review civil-rights constitutional-law criminal-procedure double-jeopardy due-process equal-protection incarceration judicial-interpretation mistrial probation sentencing |
Question not identified. |
| 19-7617 |
Donato Amaya-Rivas v. United States |
Eleventh Circuit |
2020-02-10 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process ineffective-assistance-of-counsel ineffective-counsel plea-agreement plea-bargaining right-against-self-incrimination right-to-counsel sentencing sentencing-enhancement |
I. Whether a defendant who raises for the first time on appeal that his plea is unconstitutional because it was entered unknowingly and involuntarily … |
| 19-7620 |
Bradley Campbell v. United States |
Fourth Circuit |
2020-02-10 |
Denied |
Response WaivedIFP |
criminal-law criminal-procedure due-process evidence evidentiary-standard federal-jurisdiction interstate-commerce judgment-of-acquittal kidnapping motion-for-acquittal motion-to-dismiss |
Where there was no evidence that Petitioner used an instrumentality of interstate commerce in furtherance of a kidnapping, whether Petitioner's motion… |
| 19-7621 |
Allanah Benton v. Shawn Brewer, Warden |
Sixth Circuit |
2020-02-10 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
appellate-counsel appellate-procedure constitutional-law constitutional-rights criminal-procedure due-process effective-assistance effective-assistance-of-counsel ineffective-assistance-of-counsel right-to-counsel sixth-amendment trial-counsel |
DID THE STATE AND FEDERAL COURTS VIOLATE MS. BENTON'S RIGHT TO EFFECTIVE ASSISTANCE OF TRIAL AND APPELLATE COUNSELS IN VIOLATION OF U.S. CONSTITUTIONA… |
| 19-7622 |
Samuel Elliott v. United States |
Tenth Circuit |
2020-02-10 |
Denied |
Response WaivedIFP |
8th-amendment appellate-review child-pornography criminal-procedure criminal-sentencing due-process federal-guidelines sentencing sentencing-guidelines substantive-reasonableness substantive-unreasonableness |
Whether a sentence imposed pursuant to the United States Sentencing Guidelines covering child pornography offenses, U.S.S.G. §S 2G2.1 and 2G2.2, is su… |
| 19-999 |
Lewis Alan Dugan v. Wyoming |
Wyoming |
2020-02-10 |
Denied |
Response Waived |
criminal-procedure criminal-prosecution due-process first-amendment free-speech jury-instruction obscenity overbreadth speech-conduct stalking-statute |
1. Whether, in a prosecution for writing obscene letters, a trial court should instruct a jury regarding the legal definition of the term "obscene" as… |
| 19-991 |
Samson Primm v. United States |
Sixth Circuit |
2020-02-07 |
Denied |
Response Waived |
4th-amendment civil-rights criminal-procedure due-process fifth-amendment forfeiture forfeiture-case fourth-amendment search-and-seizure standing suppression-hearing |
I. WHETHER ONE WHO HAS THE REQUISITE
STANDING TO MOVE TO SUPPRESS BASED
ON CONTENTIONS, WHICH IF VALIDATED
SHOW HIS FOURTH AMENDMENT RIGHTS
WERE VIOLA… |
| 19-992 |
Greg Skipper, Warden v. Curtis Jerome Byrd |
Sixth Circuit |
2020-02-07 |
Denied |
Amici (1) |
constitutional-rights criminal-procedure effective-assistance-of-counsel fair-trial hypothetical-plea-offer lafler-v-cooper plea-bargaining sixth-amendment trial-rights |
Does the Sixth Amendment right to effective assistance of counsel include the right to a plea offer that was never made? |
| 19-7583 |
Tiffany R. Byrd v. Frederick Boutte, Warden |
Fifth Circuit |
2020-02-07 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure due-process evidence evidence-preservation exculpatory-evidence ineffective-assistance-of-counsel judicial-search juror-bias jury-misconduct law-enforcement procedural-violations search-and-seizure |
Where I, Tiffany R. Byrd, was denied to receive an alternative evidentiary hearing on my claims of Illegal Search and Seizure. Where I was denied an e… |
| 19-7590 |
David K. Howell v. Shawn Hatton, Warden |
Ninth Circuit |
2020-02-07 |
Denied |
Response WaivedIFP |
certificate-of-appealability closing-argument criminal-procedure due-process expert-testimony habeas habeas-corpus ineffective-assistance-of-counsel intoxication methamphetamine methamphetamine-intoxication sixth-amendment |
This Court has repeatedly held that to receive a certificate of appealability ("COA"), a habeas petitioner need only show that "'jurists of reason cou… |
| 19-7593 |
Young Yi v. United States |
Fourth Circuit |
2020-02-07 |
Denied |
Response WaivedIFP |
brady-v-maryland brady-violation constitutional-rights criminal-procedure document-production due-process evidence exculpatory-evidence prosecutorial-misconduct restitution standard-of-review |
I. Whether the Fourth Circuit erred in affirming the District Court's denial of Ms. Yi's Motion for a New Trial, given the Government's substantial vi… |
| 19-7594 |
Felix Lopez-Cabrera v. United States |
Second Circuit |
2020-02-07 |
Denied |
Response WaivedIFP |
8th-amendment age-of-culpability age-of-majority criminal-procedure cruel-and-unusual cruel-and-unusual-punishment eighth-amendment juvenile-sentencing life-sentence life-sentences national-consensus neuroscience |
Whether Supreme Court jurisprudence finding mandatory life sentences for juveniles cruel and unusual under the Eight Amendment, and non-mandatory life… |
| 19-7597 |
Robert William Wazney v. Kenneth Nelson, Warden |
Fourth Circuit |
2020-02-07 |
Dismissed |
Response WaivedRelisted (2)IFP |
asset-forfeiture asset-freezing constitutional-violation criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel ineffective-process pre-trial-restraint state-corrective-process |
IS PETITIONER, ROBERT WILLIAM WAZNEY, IMPRISONED IN VIOLATION OF THE CONSTITUTION OF THE UNITED STATES? |
| 19-7608 |
Juan Perez-Roman v. United States |
Fifth Circuit |
2020-02-07 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum |
Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 19-7609 |
Juan Mauricio Castillo v. Isidro Baca, Warden |
Nevada |
2020-02-07 |
Denied |
IFP |
criminal-procedure criminal-statute due-process montgomery-louisiana montgomery-v-louisiana retroactivity state-courts statutory-interpretation substantive-rule welch-united-states welch-v-united-states |
Under the new constitutional rule of retroactivity established in Montgomery v. Louisiana and clarified in Welch v. United States, is a state court re… |
| 19-7564 |
In Re Michael Dewayne Seibert |
|
2020-02-06 |
Denied |
IFP |
criminal-procedure death-penalty-case due-process fraud-on-court fraud-on-the-court habeas-corpus ineffective-assistance-counsel ineffective-assistance-of-counsel jurisdiction jurisdiction-challenge pro-se-representation resentencing resentencing-hearing void-judgment |
When a defendant is represented by counsel, who refuses to raise a substantial meritorious claim of fraud on the court, and therefore defendant's conv… |
| 19-7578 |
Ray Edward Barry v. Patrick Warren, Warden |
Sixth Circuit |
2020-02-06 |
Denied |
Response WaivedIFP |
abuse-of-discretion binding-over brady-violation circuit-court criminal-procedure dna-testing due-process evidence-suppression fourth-amendment ineffective-assistance-of-counsel ineffective-counsel lost-evidence prosecutorial-misconduct quash-information |
Did The District Court Abused Its Discretion In Binding Over To Circuit Court And The Circuit Court Erred In Refusing To Quash The Information?
Did T… |
| 19-7585 |
Jerry Ellis, aka Jerry Leonard Ellis v. Noel Barlow-Hurst, Warden |
Ninth Circuit |
2020-02-06 |
Denied |
Response WaivedIFP |
appeal appellate-review civil-rights constitutional-review criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-standard post-conviction standard-of-review standing trial-procedure |
OTD THE UNITEO STATES COURT OF APPEALS FOR THE NINTH CIRCUZTEARORBYDEJIEING THE APDELANT MR(EUIS) A CERTIFICATE OF APDEAUABICZTY
2. OID THE UNTITEO S… |
| 19-7561 |
Ramiro D. Ramirez, Jr. v. United States |
Fifth Circuit |
2020-02-05 |
Denied |
Response WaivedIFP |
application-note-3(c) application-note-3c court-of-appeals criminal-procedure criminal-procedure-sentencing criminal-sentencing district-court federal-sentencing-guidelines mitigating-role mitigating-role-adjustment paid-tasks proprietary-interest sentencing-guidelines supervisory-authority united-states-sentencing-guidelines ussg-3b1.2 |
Whether the Court of Appeals inappropriately affirmed the
district court's denial of a mitigating role adjustment which contravened the
factors and th… |
| 19-7566 |
Javed Asefi v. United States |
Ninth Circuit |
2020-02-05 |
Denied |
Response WaivedIFP |
civil-rights commerce-clause criminal-procedure due-process federal-jurisdiction interstate-commerce predicate-acts racketeering rico rico-prosecution substantial-effect |
Whether federal jurisdiction exists in a prosecution under 18 U.S.C. § 1962(d) where neither the activities of the alleged enterprise nor the individu… |
| 19-7571 |
Richard Williams v. Tony Mays, Warden |
Tennessee |
2020-02-05 |
Denied |
Response WaivedIFP |
burden-of-proof constitutional-law constitutional-standard criminal-procedure due-process evidence murder murder-investigation presumption statutory-interpretation statutory-presumption venue |
Whether, as applied to the facts of this case, the statutory presumption if a body of a murder victim found within the state, the death is presumed to… |
| 19-7575 |
Rashaun Scott Carter v. United States |
Fourth Circuit |
2020-02-05 |
Denied |
Response WaivedIFP |
appellate-review appellate-waiver controlled-substance controlled-substances criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel plea-bargaining presentence-investigation sentencing |
Does an appellate waiver bar an appeal based upon a flawed, prejudicial presentence investigation report performed between the trial court's acceptanc… |
| 19-7536 |
James Henry Simpson v. Martesha Bishop, et al. |
Fourth Circuit |
2020-02-04 |
Denied |
Response WaivedIFP |
civil-procedure criminal-liability criminal-procedure district-court due-process federal-jurisdiction federal-prosecution federal-rules immunity judicial-docketing prisoner-filing standing statutory-interpretation |
1. Should a U.S. District Court docket a Criminal Complaint filed pursuant to Federal Rules of Criminal Procedure as a civil action and subjected to t… |
| 19-7539 |
Shamir Kane v. United States |
Third Circuit |
2020-02-04 |
Denied |
Response WaivedIFP |
criminal-indictment criminal-procedure criminal-procedure-joinder federal-rules-of-criminal-procedure federal-rules-of-evidence hobbs-act joinder severance witness-tampering |
1. Did the Court of Appeals err in upholding the District Court's joinder, under Fed. R. Crim. P. 8, of counts in an indictment related to one Hobbs A… |
| 19-7547 |
Phillip Boyd Cashion v. Texas |
Texas |
2020-02-04 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure criminal-trial due-process fair-trial fifth-amendment jury-bias jury-instructions prosecutorial-misconduct self-incrimination trial-procedure |
Should the Petitioner's trial structure have been free from the fundamental unfairness of having the prosecutor tell the jury on two occasions that "y… |
| 19-7548 |
Rudy Orlando Cabrera v. United States |
Fifth Circuit |
2020-02-04 |
Denied |
Response WaivedIFP |
8-usc-1326 Apprendi-v-New-Jersey criminal-procedure due-process indictment prior-conviction sentencing sentencing-enhancement |
1. Whether this Court should consider the continuing validity of Almendarez-Torres v. United States, 523 U.S. 244 (1998), in light of the reasoning of… |
| 19-7549 |
Gerard Cliston Ellis v. United States |
Eighth Circuit |
2020-02-04 |
Denied |
Response WaivedIFP |
aiding-and-abetting categorical-approach circuit-split criminal-procedure due-process eighth-circuit fifth-circuit lowest-level-conduct lowest-level-of-conduct state-law |
(1) Whether the Eighth Circuit properly considered the "lowest level of conduct" as required under this Court's precedent for the categorical approach… |
| 19-7513 |
Omar Smith v. Harold W. Clarke, Director, Virginia Department of Corrections |
Virginia |
2020-02-03 |
Denied |
IFP |
6th-amendment civil-rights criminal-procedure due-process evidence-suppression ineffective-assistance ineffective-assistance-of-counsel preliminary-hearing severance suppression-of-evidence trial-procedure trial-severance virginia-supreme-court witness-testimony |
Did the Virginia Supreme Court err in deciding that counsel's failure to file a motion for a Bill of Particulars so that Petitioner could clearly unde… |
| 19-7525 |
Gregory Joel Sitzmann v. United States |
District of Columbia |
2020-02-03 |
Denied |
Response WaivedIFP |
conflict-of-laws conflict-with-other-courts-of-appeals conflict-with-supreme-court court-of-appeals criminal-procedure drug-smuggling evidence federal-sentencing foreign-drug-smuggling ineffective-assistance-of-counsel jurisdiction jurisdiction-over-evidence pro-se-petition prosecutorial-misconduct |
1) WHETHER THE DISTRICT COURT LACKED "JURISDICTION" OVER EVIDENCE OF FOREIGN DRUG SMUGGLING: AND WHETHER THE UNITED STATES COURT OF APPEALS FOR THE DI… |
| 19-7526 |
Gregorio Segura-Resendiz v. United States |
Fifth Circuit |
2020-02-03 |
Denied |
Response WaivedIFP |
case-law constitutional-law court-of-appeals criminal-law criminal-procedure due-process judicial-review legal-precedent overrule precedent sentencing sixth-amendment supreme-court supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 19-7528 |
David Lee Smith v. Rick Jackson |
Fourth Circuit |
2020-02-03 |
Denied |
Response WaivedIFP |
civil-rights criminal-justice-reform criminal-procedure due-process habeas-corpus incarceration innocence-claim legal-release parole recidivism rehabilitation sentencing |
IS APPELLANT ENITITLED TO
RELEASE ON HISWN
RECOGNANICES,AFTER DEMDNISTRATING NI.C.G.S.I4-7.I
IS PATENTLY UNCANLSTITUTI ONAL COLORABLY SHAINIING HIS IN… |
| 19-7500 |
William Sim Spencer v. Michigan |
Michigan |
2020-01-31 |
Denied |
IFP |
constitutional-protections criminal-procedure due-process finality-rule fourteenth-amendment ineffective-assistance-of-counsel sex-offender-registration sixth-amendment |
DOES THE OMISSION OF AN EXCEPTION TO THE FINALITY RULE IN MICHIGAN'S SEX OFFENDER REGISTRATION ACT ("SORA") ALLOW THE PROSECUTION TO BUILD ITS CASE AG… |
| 19-7512 |
Jose Luis Urias-Marquez v. United States |
Fifth Circuit |
2020-01-31 |
Denied |
Response WaivedIFP |
appellate-review circuit-court-conflict circuit-split criminal-procedure discretionary-review federal-rules-criminal-procedure federal-rules-of-criminal-procedure judicial-interpretation rule-11 supervisory-powers united-states-court-of-appeals united-states-v-lee |
Whether the decision of the United States Court of Appeals for the Fifth Circuit ("Fifth Cireuit")-which held Rule 11 of the Federal Rules of Criminal… |
| 19-7514 |
Ekanem Kurfreobon Essien v. Suzanne M. Peery, Warden |
Ninth Circuit |
2020-01-31 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure criminal-street-gang due-process habeas-corpus ninth-circuit-review reasonable-doubt sentencing-enhancement street-terrorism-enforcement-and-prevention-act sufficiency-of-evidence |
Whether the Ninth Circuit erred when it denied petitioner Ekanem Kufreobon Essien's 28 U.S.C. § 2254 habeas petition based on its conclusion that his … |
| 19-7515 |
Andy Nguyen v. California |
California |
2020-01-31 |
Denied |
Response WaivedIFP |
alleyne-v-united-states apprendi-rule apprendi-v-new-jersey consecutive-sentences consecutive-sentencing criminal-procedure criminal-sentencing judicial-fact-finding preponderance-of-evidence sentencing stare-decisis |
Should the Court reconsider its majority opinion in Oregon v. Ice, 555 U.S. 160, 167-168, 173-177, 129 S.Ct. 711, 172 L.Ed.2d 517 (2009) (Ice) which p… |
| 19-7516 |
Mary Mosley v. United States |
Fifth Circuit |
2020-01-31 |
Denied |
Response WaivedIFP |
acquitted-conduct alleyne-v-united-states criminal-procedure criminal-procedure-acquitted-conduct double-jeopardy due-process fifth-circuit jury-verdict nelson-v-colorado sentencing sentencing-enhancement sentencing-guidelines |
1) DID THE PANEL ERR BY UPHOLDING THE APPLICATION OF AN ENHANCEMENT FOR BRANDISHING OR POSSESSING A FIREARM WHEN MISS MOSLEY WAS ACQUITTED BY A JURY O… |
| 19-7517 |
Mario Palacios-Cordero v. United States |
Fifth Circuit |
2020-01-31 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure due-process precedent sentencing supreme-court |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 19-7518 |
Baltazar Reyes Garcia, Angel Serrano Carreno, and Hector Contreras Ibarra v. United States |
Ninth Circuit |
2020-01-31 |
Denied |
Response WaivedIFP |
6th-amendment civil-procedure criminal-procedure defendant-rights district-court-discretion due-process juror-bias juror-inquiry juror-safety jury-bias jury-inquiry ninth-circuit-precedent standing |
Whether a district court must hold a requested jury inquiry after a juror makes statements
indicating the juror has a potential source of bias because… |
| 19-7519 |
Ericka Hernandez-Nunez v. United States |
Ninth Circuit |
2020-01-31 |
Denied |
Response WaivedIFP |
crime-detection criminal-procedure exculpatory-evidence fourth-amendment holistic-analysis inculpatory-evidence law-enforcement motion-to-suppress reasonable-inference reasonable-suspicion search-and-seizure |
Whether the Fourth Amendment requirement of reasonableness requires that a determination of reasonable suspicion be based upon an explicit identificat… |
| 19-7522 |
Dedrick Matthews v. Louisiana |
Louisiana |
2020-01-31 |
Denied |
Response WaivedIFP |
and whether the admission of blood test results w birchfield-precedent birchfield-v-north-dakota causation causation-analysis criminal-procedure fourth-amendment probable-cause search-and-seizure vehicular-homicide vehicular-negligence |
(1) Was defendant's conduct a substantial factor in causing the victim's death or serious bodily injury, when the accident would have occurred without… |
| 19-7490 |
Omar Ernesto Hernandez v. United States |
Ninth Circuit |
2020-01-30 |
Denied |
Response WaivedIFP |
4th-amendment appeal conclusory-statements criminal-procedure fourth-amendment human-smuggling investigatory-stop law-enforcement law-enforcement-database reasonable-suspicion |
Whether, in determining that there was reasonable suspicion for an investigatory stop, the district court and Ninth Circuit erred by relying on factua… |
| 19-7498 |
James Earvin Sanders v. United States |
Fifth Circuit |
2020-01-30 |
Denied |
Response WaivedRelisted (2)IFP |
constitutional-rights counsel-ineffectiveness criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel jurisdictional-challenge mitigating-evidence procedural-due-process psychiatric-mitigating-evidence time-bar-exception united-states-v-fessel |
Where counsel lies about the existence of psychiatric
mitigating evidence and deries the accused the use of
18 U.S.C. § 3ooloAle) in United States v. … |
| 19-952 |
Michael David Goodwin v. United States |
Fifth Circuit |
2020-01-30 |
Denied |
Response Waived |
attorney-client-relationship change-of-plea criminal-defendant criminal-procedure ineffective-assistance local-counsel right-to-counsel sixth-amendment |
Whether an attorney's presence as local counsel, for a criminal defendant's re-arraignment and change of plea, yet having no attorney-client relations… |
| 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… |
| 19-7467 |
Frankie Beqiraj v. United States |
Second Circuit |
2020-01-29 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure defendant-presence due-process jury-selection peremptory-challenges right-to-be-present waiver |
1. Whether a defendant has a constitutional right to be present during a conference at which the parties exercise their peremptory challenges to strik… |
| 19-7470 |
Agustin Martinez-Lopez v. United States |
Fifth Circuit |
2020-01-29 |
Denied |
Response WaivedIFP |
18-usc-3553a appellate-review appellate-standard circuit-split criminal-procedure criminal-sentencing criminal-sentencing,appellate-review,18-usc-3553(a federal-sentencing gall-v-united-states judicial-discretion sentencing sentencing-factors sentencing-review statutory-interpretation substantive-reasonableness |
L When conducting their substantive-reasonableness review of sentences, can appellate courts reweigh the sentencing factors in 18 U.S.C. § 3553(a), as… |
| 19-7476 |
Timothy Wayne Kemp v. Dexter Payne, Director, Arkansas Division of Correction |
Eighth Circuit |
2020-01-29 |
Denied |
Amici (1)IFP |
brady-rule brady-violation criminal-procedure death-penalty discovery due-process eighth-circuit habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mitigation mitigation-investigation procedural-default professional-standards |
Must a court consider prevailing professional norms when determining whether a life history investigation was "thorough"?
Was an appeal warranted on … |
| 19-7477 |
Raul Mejia v. United States |
Ninth Circuit |
2020-01-29 |
Denied |
Response WaivedIFP |
4th-amendment criminal-procedure due-process expert-testimony fair-trial fourth-amendment franks-hearing search-and-seizure trial-fairness warrant warrant-validity |
Was petitioner's truck illegally searched due to an invalid warrant? Was petitioner improperly denied a Franks hearing? Did Officer Carbajal testify a… |
| 19-7479 |
Brian Price v. United States |
First Circuit |
2020-01-29 |
Denied |
IFP |
acquitted-conduct constitutional-rights criminal-conspiracy criminal-procedure double-jeopardy due-process federal-courts federal-sentencing-guidelines sentencing sentencing-guidelines |
Whether a defendant's constitutional rights are abridged when a district court bases its sentence solely on acquitted conduct.
Whether a criminal con… |
| 19-7484 |
Jose Candelario Perez-Cruz v. United States |
Eleventh Circuit |
2020-01-29 |
Denied |
Response WaivedIFP |
criminal-procedure jurisdiction jurisdictional-dispute jury-trial maritime-drug-law-enforcement-act maritime-law mdlea pretrial-hearing stateless-vessel trial-procedure |
Whether the Court of Appeals clearly erred in upholding the District Court's conclusion that jurisdiction in a stateless vessel case under the MDLEA i… |
| 19-7488 |
Donnie Cleveland Lance v. Benjamin Ford, Warden |
Georgia |
2020-01-29 |
Denied |
IFP |
capital-punishment constitutional-rights criminal-procedure death-penalty due-process equal-protection fourteenth-amendment grand-jury grand-jury-selection habeas-corpus ineffective-assistance-of-counsel prosecutorial-misconduct sixth-amendment |
Was petitioner denied his rights under the Sixth, Eighth, and Fourteenth Amendments when he was sentenced to death following his indictment by a non-r… |
| 19-7489 |
Paul Edward Duran v. Ralph Diaz, Secretary, California Department of Corrections and Rehabilitation |
Ninth Circuit |
2020-01-29 |
Denied |
Response WaivedRelisted (2)IFP |
appellate-jurisdiction constitutional-provisions criminal-conviction criminal-procedure empirical-evidence evidence evidence-standard exclusionary-rule fourth-amendment illinois-v-krull judicial-review search-and-seizure standing statutory-provisions united-states-v-leon |
1) Whether the Circumstances regarding the Founth Amendment Exslusionary Rule 20.08, thatis revolved around the obtaining, holding and exclusion of ev… |
| 19-7427 |
Rodolfo Perez-Jimenez v. United States |
Fifth Circuit |
2020-01-28 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure deference due-process federal-sentencing judicial-discretion sentencing-factors sentencing-review standard-of-review substantive-reasonableness |
Whether substantive reasonableness review necessarily encompasses some degree of reweighing the sentencing factors? |
| 19-7445 |
Maechel Shawn Patterson v. United States District Court for the Eastern District of North Carolina |
Fourth Circuit |
2020-01-28 |
Denied |
IFP |
civil-rights constitutional-law constitutional-rights criminal-procedure deportation due-process habeas-corpus law-enforcement pro-se probable-cause search-and-seizure standing warrantless-search |
ARE All StAtE PRiSONERS bEINg UN/Awfolly Held, If the eVideNCe UsED TO CONVICT THEM INVOlUED SheRiff DepaRrtment offciAls from ONE CoontyI SEARCHiNg S… |
| 19-7454 |
Kenneth James Barfield v. United States |
Fifth Circuit |
2020-01-28 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure criminal-procedure-rule-32 due-process federal-rules federal-rules-of-criminal-procedure fifth-circuit gall-v-united-states guidelines preponderance-of-evidence presentence-report sentencing sentencing-guidelines united-states-v-watts |
According to Gall v. United States, 552 U.S. 38 (2007), every federal criminal sentencing must begin with a correctly calculated Guidelines range. Sen… |
| 19-7457 |
Rogelio Villarreal-Estebis v. United States |
Fifth Circuit |
2020-01-28 |
Denied |
Response WaivedIFP |
complete-defense criminal-conviction criminal-procedure drug-trafficking evidence-exclusion federal-rule-of-evidence-403 right-to-defense rule-403 sixth-amendment sixth-amendment-rights vehicle-ownership |
Whether the Fifth Circuit's decision to affirm the trial court's refusal to admit the evidence was contrary to, or involved an unreasonable applicatio… |
| 19-7461 |
Derrick Lamar Cheeks v. Alford Joyner |
Fourth Circuit |
2020-01-28 |
Denied |
Relisted (2)IFP |
civil-rights constitutional-interpretation criminal-procedure due-process habeas habeas-review jurisdictional-conflict procedural-default state-court supreme-court supreme-court-precedent |
1) Has the Supreme Court of the United States overturned its own precedent in Harris v. Reed, 489 U.S. 255 109 S.Ct. 1038 103 L.Ed. 2d (1989); Caldwel… |
| 19-7406 |
Bartholomew Antonio Guzman v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2020-01-27 |
Denied |
IFP |
civil-rights constitutional-law criminal-procedure due-process federal-court federal-jurisdiction first-amendment freedom-of-information government-transparency habeas-corpus public-records standing state-court state-court-interpretation state-court-proceedings |
Question/Issue No.l: Isthe juckgment of the
because the habeas petitiower's State
hebeas proceralie
Question/Issue No.2: Did the United Stctes Distri… |
| 19-7418 |
Jody Gifford v. Florida |
Florida |
2020-01-27 |
Denied |
IFP |
constitutional-rights criminal-procedure cruel-and-unusual-punishment eighth-amendment juvenile-offenders juvenile-sentencing life-sentence parole proportionality resentencing |
Whether the courts below decided an important federal question in a way that conflicts with the relevant decisions of this Honorable Court when they d… |
| 19-7419 |
Timothy Shayne Hardin, Jr. v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2020-01-27 |
Denied |
IFP |
appeals arrest charge civil-rights community-supervision constitutional-rights criminal-procedure criminal-procedure-due-process dismissal due-process evidence-suppression fourth-amendment probable-cause probation revocation search-and-seizure sentencing |
Question not identified. |
| 19-7422 |
Andre Antonio Fairley v. Mississippi |
Mississippi |
2020-01-27 |
Denied |
Response WaivedIFP |
civil-rights colloquy constitutional-provisions criminal-procedure due-process jurisdiction record self-incrimination sentencing waiver |
Whether trial court committed reversible structural error, by failing to conduct a mandated on-the-record colloquy into a waiver of counsel, before al… |
| 19-7431 |
Brandon J. Lofland v. Connie Horton, Warden |
Sixth Circuit |
2020-01-27 |
Denied |
Response WaivedIFP |
constitutional-review criminal-procedure due-process habeas-corpus identification-testimony ineffective-assistance ineffective-assistance-of-counsel jackson-v-virginia jury-trial miscarriage-of-justice procedural-default state-procedural-rules sufficiency-of-evidence |
Did the Court of Appeals decide an important federal question -- whether a "mere modicum" of evidence is sufficient to sustain the conviction -- in a … |
| 19-7437 |
Tony Sparks v. United States |
Fifth Circuit |
2020-01-27 |
Denied |
Response WaivedIFP |
criminal-procedure cruel-and-unusual-punishment due-process fifth-circuit juvenile-offenders juvenile-sentencing life-without-parole miller-rule miller-v-alabama montgomery-retroactivity montgomery-v-louisiana retroactivity sentencing |
Whether the Fifth Circuit erred in concluding that the U.S. Supreme Court's decision in Miller v. Alabama, 567 U.S. 460 (2012), which was made retroac… |
| 19-7438 |
Javion Scott v. United States |
Fourth Circuit |
2020-01-27 |
Denied |
Response WaivedIFP |
4th-amendment criminal-procedure fourth-amendment griffin-v-wisconsin law-enforcement-action parole post-release-supervision probation probation-supervision search-and-seizure special-needs-search united-states-v-knights warrantless-search |
In March 2017, a United States Marshal Service search of probationers and supervisees known as "Operation Spring Sweep" involved nearly 200 local, sta… |
| 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 |
1. Whether the Texas Court of Criminal Appeals' recent holdings
in ANDREW LEE WILLIAMS v. STATE, No. PD-1199-17 (Tx.Crim.App.-
October 9, 2019), regar… |
| 19-7446 |
Enrique A. Echeverria-Benitez v. United States |
Fifth Circuit |
2020-01-27 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure double-jeopardy fifth-circuit illegal-reentry plain-error retribution sentencing sentencing-guidelines supervised-release |
On direct appeal, Mr. Echeverria-Benitez argued his twenty-seven month sentence for illegal reentry after removal was unreasonable. Mr. Echeverria-Ben… |
| 19-7388 |
Aaron Perez v. United States |
Ninth Circuit |
2020-01-24 |
Denied |
IFP |
actual-prosecution categorical-match categorical-overbreadth circuit-split criminal-procedure evidence-sufficiency federal-sentencing felon-in-possession insufficient-evidence prior-conviction prior-felony-conviction rehaif |
I. Whether a defendant who seeks to demonstrate that a prior conviction is not a categorical match for federal sentencing purposes must point to an ac… |
| 19-7396 |
Julio Mario Haro-Verdugo v. United States |
Ninth Circuit |
2020-01-24 |
Denied |
Response WaivedIFP |
cronic due-process fifth-amendment sixth-amendment strickland conflict-of-interest criminal-procedure due-process federal-law fifth-amendment habeas habeas-corpus ineffective-assistance sixth-amendment strickland-standard |
Whether the District Court and the U.S. Court of Appeals for the Ninth Circuit's rejection of Petitioner's ineffective assistance of counsel claim(s) … |
| 19-7400 |
Christopher R. Glenn v. United States |
Eleventh Circuit |
2020-01-24 |
Denied |
Response WaivedIFP |
circuit-court civil-procedure civil-rights counsel-misconduct criminal-procedure due-process evidentiary-hearing fraud habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-misconduct judicial-proceedings pro-se-petition standing supervisory-power |
Did the Eleventh Circuit so far depart from the accepted and usual course of judicial proceedings as to call for an exercise of this Court's superviso… |
| 19-7404 |
Joseph James Roe v. United States |
Sixth Circuit |
2020-01-24 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-sentencing due-process enhancement-factors essential-factor guideline-interpretation guidelines judicial-discretion leadership-role lower-court-guidance sentencing sentencing-enhancement sentencing-guidelines statutory-interpretation ussg-3b1.1(a) |
Whether a district court may impose a sentence enhancement under USSG § 3B1.1(a) for leadership role based on a factor not mentioned in the Sentencing… |
| 19-7408 |
Daniel Jay Bowman v. United States |
Sixth Circuit |
2020-01-24 |
Denied |
Response WaivedIFP |
4th-amendment 5th-amendment civil-rights constitutional-rights criminal-procedure due-process fifth-amendment fourth-amendment government-prosecution parallel-construction standing |
Whether the Government's use of "Parallel Construction"
to prosecute citizens violates their 4th and 5th Amendment rights. |
| 19-7414 |
Latray Whitley v. Texas |
Texas |
2020-01-24 |
Denied |
IFP |
brady-disclosure-obligations brady-rule cooperation-agreement criminal-procedure due-process federal-inmates giglio-disclosure giglio-rule giglio-v-united-states impeachment-evidence materiality prosecutorial-misconduct state-prosecutors witness-testimony |
Whether the state district court's determination that 1. written, 5K1 and Rule 35-based cooperation addenda between two federal inmates who testified … |
| 19-7416 |
James P. Griffin v. United States |
Second Circuit |
2020-01-24 |
Denied |
Response WaivedIFP |
abuse-of-discretion calculation-error civil-procedure continuance criminal-procedure due-process fifth-amendment financial-penalties forfeiture medical-hardship medical-issues restitution restitution-calculation sentencing sixth-amendment trial-continuance trial-court trial-court-discretion Whether the amount of restitution and forfeiture w |
I. Whether the trial court abused its discretion in arbitrarily denying a continuance of trial requested due to Petitioner's documented medical proble… |
| 19-7365 |
Tyrone Terrance Roberts v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2020-01-24 |
Denied |
Response WaivedIFP |
appeal appellate-review constitutional-rights criminal-procedure due-process federal-habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-procedure post-conviction-relief standard-of-review |
HAS THE LOWER TRIBUNAL COURT IN INDIAN RIVER COUNTY, THE FOURTH DISTRICT COURT OF APPEAL IN THE STATE OF FLORIDA AND THE ELEVENTH CIRCUIT COURT OF APP… |
| 19-7364 |
Ernest William Singleton v. United States |
Sixth Circuit |
2020-01-23 |
Denied |
Response WaivedIFP |
brady-v-maryland brady-violation controlled-substances criminal-procedure drug-distribution drug-schedules drug-scheduling general-verdict ineffective-assistance ineffective-assistance-of-counsel medical-pain-clinic money-laundering surveillance-footage |
I
WHEN A JURY FOUND SINGLETON GUILTY OF COUNT 10 OF
THE IMDICTMENT, WHICH ALLEGED THAT HE DISTRIBUTED "ULTRAM ";
HOW CAN IT BE DETERMINED THAT THE J… |
| 19-7371 |
Larry Bentley, Jr. v. United States |
Seventh Circuit |
2020-01-23 |
Denied |
Response WaivedIFP |
conflict-of-interest constitutional-law criminal-procedure due-process fourth-amendment narcotics-detection prejudice retroactive-application retroactivity search search-and-seizure |
First, this court has held that the use of a detection device by law enforcement on a citizens person, places, or things without a warrant, which reve… |
| 19-7377 |
Gerald Adger v. New York |
New York |
2020-01-23 |
Denied |
Response WaivedIFP |
6th-amendment appeal appellate-counsel conflict-of-interest criminal-procedure due-process evidence ineffective-assistance ineffective-assistance-of-counsel legal-argument procedural-error right-to-counsel trial-counsel weight-of-evidence |
1. WAS THE APPELLATE ATTORNEY DAVID R. JUERGENS INEFFECTIVE ASSISTANCE OF COUNSEL FOR NOT RAISING ANY LEGAL ARGUMENT AGAINST THE WEIGHT OF EVIDENCE?
… |
| 19-7385 |
Arthur Lee Kimbel v. Texas |
Texas |
2020-01-23 |
Denied |
IFP |
anders-brief appellate-procedure appellate-review constitutional-law constitutional-requirement criminal-procedure due-process ineffective-assistance judicial-procedure pro-se pro-se-claims right-to-counsel |
When an Appellant files an Appellate Brief raising Pro Se claims after appointed counsel submits an Anders Brief, is the reviewing appellate court con… |
| 19-7390 |
Marshall Henry Ellis v. Oklahoma |
Oklahoma |
2020-01-23 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process evidence exculpatory-material fifth-amendment lesser-included-offense newly-discovered-evidence procedural-bar sentencing sixth-amendment |
1. Is a defendant serving Life for Murder I entitled to newly discovered
exculpatory material when that material would make it more likely that
the … |
| 19-7392 |
Demetrius Darrell Davis, aka Meatman v. United States |
Fourth Circuit |
2020-01-23 |
Denied |
Response WaivedIFP |
4th-amendment 4th-amendment-search-and-seizure abandonment abandonment-doctrine criminal-procedure disclaimer-of-ownership fourth-amendment incriminating-statement incriminating-statements police-questioning property-rights reasonable-expectation-of-privacy search-and-seizure |
Whether a mere disclaimer of ownership in an effort to avoid making an incriminating statement in response to police questioning should not alone be d… |
| 19-7395 |
Jean Crump v. United States, et al. |
Ninth Circuit |
2020-01-23 |
Denied |
Response WaivedIFP |
appeal criminal-procedure due-process equal-protection false-arrest grand-jury-testimony ineffective-assistance-of-counsel ineffective-counsel judicial-bias prosecutorial-misconduct racial-bias racial-discrimination |
1. This is my second trial. At least five federal attorneys advised my new new attorney Dana Cephas, that Judge William Keller was a racist and he esp… |
| 19-920 |
Boulder Young, aka Boulder Daniel McManigal v. United States |
Eighth Circuit |
2020-01-23 |
Denied |
Response Waived |
appeal appeal-waiver circuit-split criminal-procedure due-process harmless-error judicial-discretion plea-bargaining plea-hearing sentencing waiver |
Whether the waiver of a right to appeal a judgment of conviction is controlled by the defendant's written waiver or the oral pronouncement of the cour… |
| 19-906 |
Philip N. Antico v. United States |
Eleventh Circuit |
2020-01-22 |
Denied |
|
allen-charge circuit-court-conflict constitutional-rights criminal-procedure due-process fundamental-due-process fundamental-rights jury-instruction jury-instructions retrial-cost retrial-costs |
Is a criminal defendant's fundamental constitutional rights violated by an Allen charge that instructs a deadlocked jury to consider the expense of a … |
| 19-7355 |
Herman L. Gaines v. Steven Johnson, Administrator, New Jersey State Prison, et al. |
Third Circuit |
2020-01-22 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure due-process exculpatory-evidence habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-collusion judicial-misconduct post-conviction-relief sixth-amendment strickland-v-washington |
Question not identified. |
| 19-7356 |
James H. Griffin v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2020-01-22 |
Denied |
Response WaivedIFP |
constitutional-claim criminal-procedure downward-departure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-review law-enforcement procedural-due-process sentencing sentencing-manipulation |
Did the lower federal courts deny Appellant's Brady Petition without affording a full and fair hearing concerning the claim that his counsel was ineff… |
| 19-7359 |
Danny Guzman-Correa v. United States |
First Circuit |
2020-01-22 |
Denied |
Response WaivedIFP |
criminal-procedure due-process evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel jury-consultant lafler-v-cooper missouri-v-frye prejudice public-trial public-trial-violation |
1. Whether reasonable jurist could find it debatable
that Petitioner's public-trial violation warranted ..
reversal at the minimum for an evidentiar… |
| 19-7370 |
Mario Alberto Buenrostro-Lopez v. United States |
Ninth Circuit |
2020-01-22 |
Denied |
Response WaivedIFP |
4th-amendment anonymous-tip border-patrol border-security civil-rights criminal-activity criminal-procedure due-process fourth-amendment investigatory-stop reasonable-suspicion vehicle-stop |
Whether an individual's telephone call to law enforcement, in which he stated that a person
was picked up by vehicle in an area known for alien smug g… |
| 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 |
1. Upon trial counsel's failure to move to dismiss on legal insufficiency grounds at trail, is the uninformed automatic waiver and silently imposed pe… |
| 19-7379 |
Lee Samuel Capers v. California |
California |
2020-01-22 |
Denied |
IFP |
constitutional-requirement criminal-procedure criminal-sentencing death-penalty due-process fifth-amendment fourteenth-amendment jury-beyond-reasonable-doubt jury-finding jury-trial reasonable-doubt sentencing sixth-amendment statutory-maximum |
Does California's death penalty scheme violate the requirement under the Fifth, Sixth and Fourteenth Amendments that every fact other than a prior con… |
| 19-7322 |
Gerardo Sanchez-Miranda v. United States |
Fifth Circuit |
2020-01-21 |
Denied |
IFP |
criminal-procedure due-process indictment jury-trial prior-conviction sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 19-7347 |
Broderick Marshall v. Texas |
Texas |
2020-01-21 |
Denied |
IFP |
appeals civil-rights criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel right-to-appeal right-to-counsel right-to-jury-trial standing |
Question not identified. |
| 19-7348 |
Raymond Alston, aka Raymond Austin v. New York |
New York |
2020-01-21 |
Denied |
IFP |
appellate-jurisdiction civil-procedure constitutional-review criminal-procedure double-jeopardy due-process grand-jury indictment judicial-discretion malicious-prosecution sentencing-standards standing |
WAS APPELLANT DENIED DUE PROCESS BY THE COURTS SUA SPONTE DECISION, PURSUANT TO CPL DIVISION TO CONSIDER THE ERROR INCLUDED CHARGE OF BURGLARY IN THE … |
| 19-7350 |
Billy Battenfield v. Oklahoma |
Oklahoma |
2020-01-21 |
Denied |
IFP |
aedpa appeal-waiver criminal-procedure critical-stage garza-v-idaho ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining post-sentencing retroactivity statute-of-limitations |
1. Whether Garza v. Idaho, — U.S. 139 S.Ct. 738, 203 L.Ed.2d 77 (2019) adopts a new watershed rule of procedure that applies retroactively on state co… |
| 19-7352 |
Alfredo Godoy-Machuca v. United States |
Ninth Circuit |
2020-01-21 |
Denied |
Response WaivedIFP |
appeal-waiver collateral-consequences criminal-procedure defense-counsel ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining voluntary-and-knowing voluntary-plea |
A. Whether the Ninth Circuit Court of Appeals erred in, at least implicitly, concluding that material affirmative misdavice given by defense counsel t… |
| 19-7354 |
Lawrence Martin v. Wendy Kelley, Director, Arkansas Department of Correction |
Eighth Circuit |
2020-01-21 |
Denied |
Relisted (2)IFP |
appellate-court capital-murder constitutional-law constitutional-rights criminal-procedure due-process hearing jurisdiction perjury prosecutor-misconduct prosecutorial-misconduct standing |
(1). WHETHER FINAL JUDGMENT DENYING PETITIONER'S PETITION FOR WRIT OF ERROR CORAM NOBIS WAS APPEALABLE
(2). WHETHER ORDER DENYING APPOINTMENT OF COUN… |
| 19-900 |
Jessica Vennie v. United States |
Fourth Circuit |
2020-01-21 |
Denied |
Response Waived |
conspiracy criminal-joinder criminal-procedure due-process federal-criminal-procedure joinder legal-enterprise racketeering rico rico-act |
Whether charging two defendants with participating in the conduct of a single legal enterprise that has many legal purposes is sufficient to permit jo… |
| 19-7327 |
Antonio Macli v. United States |
Eleventh Circuit |
2020-01-17 |
Denied |
Response WaivedIFP |
certificate-of-appealability claim-by-claim claim-determination constitutional-law criminal-procedure due-process evidentiary-hearing federal-court federal-courts habeas-corpus reasonable-jurists |
Does a federal habeas court have to determine the need for an evidentiary hearing on a claim by claim basis?
When one court grants a certificate of a… |
| 19-7330 |
Michael P. Haldorson v. United States |
Seventh Circuit |
2020-01-17 |
Denied |
Response WaivedIFP |
18-usc-844h2 constructive-amendment criminal-procedure due-process grand-jury indictment statutory-interpretation stirone-v-united-states |
Where a grand jury charges a defendant with violating 18 U.S.C. § 844(h)(2) based on the carrying of an "explosive, namely, smokeless powder," may he … |
| 19-7331 |
Lavorice Dondrell Cunningham v. United States |
Fifth Circuit |
2020-01-17 |
Denied |
Response WaivedIFP |
appeal appellate-review criminal-procedure criminal-sentencing due-process judicial-discretion legal-standard pending-resolution remand sentencing sentencing-guidelines standard-of-review substantive-reasonableness |
1. What is the appropriate standard for the determination of substantive reasonableness claim?
SUB SIDIARY QUESTI ON: Whether the Court should hold t… |
| 19-7332 |
Brian Dean King, Jr. v. United States |
Fifth Circuit |
2020-01-17 |
Denied |
Response WaivedIFP |
appellate-review burden-of-production burden-of-proof criminal-procedure defendant-objection due-process evidence government-burden pre-sentence-report sentencing |
I. Does the defendant bear the burden of production to rebut information found in a pre-sentence report after objecting to that information, or in ste… |
| 19-7333 |
Eduardo Luis Martinez-Paz v. United States |
Fifth Circuit |
2020-01-17 |
Denied |
IFP |
burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum |
I. Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and ei… |
| 19-7336 |
Francisco Pena, Jr. v. United States |
Fifth Circuit |
2020-01-17 |
Denied |
Response WaivedIFP |
criminal-procedure due-process federal-courts federal-judge fifth-amendment judicial-discretion preponderance-of-evidence preponderance-of-the-evidence sentencing sixth-amendment uncharged-conduct |
imposing a sentence, based on a defendant's uncharged conduct found by the
judge by a preponderance of the evidence, higher than the sentence the judg… |
| 19-7338 |
David P. Moran v. Florida |
Florida |
2020-01-17 |
Denied |
Response WaivedIFP |
concurrent-sentences consecutive-sentences criminal-procedure double-jeopardy due-process judicial-interpretation prosecutorial-charging same-conduct same-victim sentencing sentencing-discretion sentencing-guidelines |
1. Should two charges for the same episode of conduct and the same victim with
no temporal break whatsoever be sentenced to consecutive prison terms e… |
| 19-7340 |
Junior Vazquez-Suarez v. Florida |
Florida |
2020-01-17 |
Denied |
Response WaivedIFP |
brady-v-maryland brady-violation criminal-procedure disclosure due-process fourteenth-amendment impeachment-evidence ineffective-assistance police-misconduct |
Whether police officer's failure to disclose impeachment evidence to the defense prior to trial violated the Fourteenth Amendment Due Process Clause u… |
| 19-7278 |
Terrance Cobb v. Florida |
Florida |
2020-01-16 |
Denied |
Response WaivedIFP |
confession criminal-conviction criminal-procedure due-process fifth-amendment fourteenth-amendment newly-discovered-evidence post-conviction-relief |
Whether, the Florida Courts have violated Mr. Cobb's right to Due Process, under the Fifth and Fourteenth Amendments, in denying him post-conviction r… |
| 19-7305 |
William James Springer v. United States |
Fourth Circuit |
2020-01-16 |
Denied |
Response WaivedIFP |
actual-possession constructive-possession criminal-procedure drug-trafficking firearm-possession foreseeability jointly-undertaken-activity sentencing-enhancement sentencing-guidelines |
Whether a defendant's sentence can be enhanced under U.S.S.G. § 2D1.1(b)(1) for possession of a firearm in connection with a drug trafficking offense … |
| 19-7315 |
Andrew Wright v. United States |
Second Circuit |
2020-01-16 |
Denied |
Response WaivedIFP |
28-U.S.C-2255(f)(4) civil-procedure civil-rights criminal-procedure district-court due-process equitable-tolling habeas-corpus ineffective-assistance-of-counsel notice-of-appeal retained-counsel standing statutory-interpretation |
1. Does equitable tolling automatically apply under 28 U.S.C. § 2255(f)(4) where a defendant relies, to his detriment, on an oral order of a United St… |
| 19-7324 |
Lonnie Greer, Jr. v. United States |
Sixth Circuit |
2020-01-16 |
Denied |
Response WaivedIFP |
armed-career-criminal-act categorical-approach criminal-procedure different-occasions generic-burglary recklessness sentencing sentencing-enhancement sentencing-judge sixth-amendment sixth-circuit sixth-circuit-precedent statutory-interpretation |
1) Whether Sixth Circuit precedent that counts Tennessee aggravated burglary
as "generic burglary" for purposes of the Armed Career Criminal Act is in… |
| 19-7325 |
Hope K. Kantete v. United States |
Third Circuit |
2020-01-16 |
Denied |
Response WaivedIFP |
criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargaining plea-process post-conviction-relief right-to-trial section-2255 sentencing trial-strategy |
1.) Whether the lower courts erred by foiling to rule or even consider on the record whether Ms Kantete was advised of her "risk factors " in proceedi… |
| 19-7272 |
Kenyatta Quinn Mitchell v. Ralph Diaz, Secretary, California Department of Corrections and Rehabilitation, et al. |
Ninth Circuit |
2020-01-15 |
Denied |
Response WaivedIFP |
6th-amendment compulsory-process constitutional-law constitutional-rights criminal-conviction criminal-procedure due-process evidentiary-hearing fair-trial reasonable-doubt sixth-amendment trial-fairness |
1. Did the petitioner receive Constitutional effective assistance of trial Court counsel at trial Court answers? YES Appellant answers: NO
2. Did the… |
| 19-7273 |
Pablo Rodriguez-Palomino v. Illinois |
Illinois |
2020-01-15 |
Denied |
Response WaivedIFP |
appellate-review burden-of-proof criminal-procedure criminal-sexual-assault due-process essential-elements fourteenth-amendment jackson-v-virginia rational-trier-of-fact reasonable-doubt standard-of-review state-evidence sufficiency-of-evidence |
Whether evidence that is insufficient to prove beyond a reasonable doubt that a defendant is guilty of crimes, and inadequate when judged under the st… |
| 19-7287 |
Joey Banks v. Darrel Vannoy, Warden |
Fifth Circuit |
2020-01-15 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process fourteenth-amendment ineffective-assistance-of-counsel right-to-counsel sixth-amendment trial-procedure |
Whether Banks was denied his constitutional right to the effective assistance of counsel.
Whether Banks's trial was adversely affected in violation o… |
| 19-7289 |
Willis Shane Gordon v. Sam Cline, Warden |
Tenth Circuit |
2020-01-15 |
Denied |
Response WaivedIFP |
apprendi-v-new-jersey apprendi-violation brady-evidence Brady-Violation burden-of-proof criminal-procedure criminal-sentencing double-jeopardy doyle-violation due-process exculpatory-evidence ineffective-assistance ineffective-assistance-of-counsel jury-trial kansas-sentencing-guidelines post-arrest-silence prior-convictions procedural-bar prosecutorial-misconduct sentencing-guidelines |
Whether the Kansas courts violated petitioner's Sixth Amendment right to effective assistance of counsel, his Fifth Amendment right against self-incri… |
| 19-7290 |
Tamarkqua Garland v. New York |
New York |
2020-01-15 |
Denied |
Response WaivedIFP |
civil-rights coerced-confession constitutional-rights criminal-procedure due-process fifth-amendment ineffective-assistance-of-counsel ineffective-counsel prosecutorial-misconduct sixth-amendment speedy-trial |
1. Defendant challenge and "impugned the integrity," of the denial of his CPL § 30.30 speedy trial consitutional rights, which includes 409 days in ex… |
| 19-7291 |
Jose Abraham Guzman v. Kelly Santoro, Acting Warden |
Ninth Circuit |
2020-01-15 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel intoxication jury-instructions voluntary-intoxication |
Question not identified. |
| 19-7292 |
Jerry Franks v. Emma Collins, Warden |
Sixth Circuit |
2020-01-15 |
Denied |
Response WaivedIFP |
28-usc-2244 brady-v-maryland brady-violation criminal-procedure habeas-corpus montgomery-v-louisiana post-conviction-review retroactivity retroactivity-of-new-rules statutory-interpretation supremacy-clause supreme-court-retroactivity trevino-v-thaler |
First Question : Did Montgomery v. Louisiana also announce a new watershed rule of criminal procedure that applies retroactively when ruling the Supre… |
| 19-7297 |
Christopher J. Burton v. Harold W. Clarke, Director, Virginia Department of Corrections |
Virginia |
2020-01-15 |
Denied |
Response WaivedIFP |
civil-commitment collateral-consequences criminal-justice criminal-procedure deportation due-process professional-assistance sexually-violent-predator strickland-v-washington voluntary-plea |
1) IN THIS CASE OF FIRST IMPRESSION, I ASK THIS COURT TO FINALLY DECIDE WHETHER THE NATURE OF CIVIL COMMITMENT, ITS PROCEDURAL SIMILARITY TO DEPORTATI… |
| 19-7298 |
James Lee Bell v. Florida |
Florida |
2020-01-15 |
Denied |
Response WaivedIFP |
apprendi-precedent blakely-rule criminal-procedure due-process judicial-discretion jury jury-trial mandatory-minimum recidivism recidivist-treatment sentencing sentencing-enhancement |
Q 1: Was the limitation of Almendarez-Torres and the dictates of Apprendi and Blakely violated? Florida in deciding whether Petitioner qualified for r… |
| 19-7299 |
John Joseph Barrera v. Noah Nagy, Warden |
Sixth Circuit |
2020-01-15 |
Denied |
Response WaivedIFP |
criminal-procedure due-process false-information fourteenth-amendment habeas habeas-corpus sentencing sentencing-accuracy sixth-amendment townsend-v-burke |
WHERE A STATE CRIMINAL DEFENDANT HAS BEEN SENTENCED ON THE BASIS OF INACCURATE/FALSE INFORMATION USED BY THE SENTENCER TO INCREASE HIS PUNISHMENT, FOL… |
| 19-7300 |
Billy J. Booker v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2020-01-15 |
Denied |
Relisted (2)IFP |
civil-procedure civil-rights constitutional-provisions criminal-procedure due-process habeas-corpus jurisdiction sentencing standing statutory-provisions |
DOES A MNLLY HALDULELT MANLNACULED IDITMENT COLPEL CREMIHAL JURISDICTIDLL BL A STAE MIAL CUAT.
(Q)OOES A COUICTIOLUUDER A FAUDLLELTT LUDICTMEITT BINI… |
| 19-7310 |
Michael Charles Smith v. Florida |
Florida |
2020-01-15 |
Denied |
Relisted (2)IFP |
confession-voluntariness criminal-procedure due-process involuntary-confession medication-effects medication-impairment mental-capacity narcotic-medication physical-condition psychological-coercion voluntariness |
At the time the critical statements were made the mind of the accused was insuffientlr clear and hampered by the combination of his Phrsical condition… |
| 19-7312 |
In Re Mo Savoy Hicks |
|
2020-01-15 |
Denied |
IFP |
actual-innocence criminal-procedure discarded-evidence due-process evidentiary-standard exculpatory-evidence forensic-fraud fundamental-injustice habeas-corpus ineffective-assistance-of-counsel judicial-review perjured-testimony post-conviction-relief state-court-proceedings |
New evidence establishes Petitioner's actual innocence and his continued incarceration is fundamentally unjust. |
| 19-874 |
William Alan Pesnell, et al. v. Jill Sessions, et al. |
Louisiana |
2020-01-15 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
constitutional-access criminal-procedure due-process fifth-amendment first-amendment fourteenth-amendment fundamental-rights public-access public-records sixth-amendment trial-recording |
1. Whether La. R.S. 44:4(47) and the local rule of the 26th Judicial District Court in and for Bossier Parish can bar public access to the digital rec… |
| 19-7268 |
Acharayya Rupak v. United States |
Ninth Circuit |
2020-01-14 |
Denied |
Response WaivedRelisted (2)IFP |
continuance criminal-procedure due-process plain-error-review plea-bargaining retained-counsel right-to-counsel sentencing sixth-amendment standard-of-review |
1. This Court has held that the right to the retained counsel of one's choice is the "root meaning" of the Sixth Amendment guarantee. Here, the distri… |
| 19-7269 |
James Patton Robertson v. United States |
Eleventh Circuit |
2020-01-14 |
Denied |
Response WaivedIFP |
coram-nobis criminal-procedure due-process federal-law frivolous frivolous-claim judicial-review statute-of-limitations summary-disposition transactional-immunity |
1. A petition for the ancient writ of Coram nobis calls for an adjudication of the facts as well as the law. The District court dismissed the action a… |
| 19-7275 |
Cecil Boyett v. New Mexico |
New Mexico |
2020-01-14 |
Denied |
Response WaivedRelisted (2)IFP |
constitutional-rights criminal-procedure defense-rights discovery-rules due-process exculpatory-evidence expert-witness fourteenth-amendment habeas-corpus judicial-discretion prosecutorial-misconduct sixth-amendment state-court state-prosecution |
xnHbthet l PeTiTfotjGk Bol^btt S CoHsjimTONAL PH&hts \siezjg v/W)7£-o /3y
THE tHiHteeht H Judicial b<37&CT Cjduat orN&n./Dexivd und&l the
Dub Proces… |
| 19-7282 |
John Anthony Arnold v. Virginia |
Virginia |
2020-01-14 |
Denied |
IFP |
4th-amendment appellate-review civil-rights criminal-procedure death-penalty due-process evidence-suppression fourth-amendment law-enforcement motion-to-suppress ninth-circuit search-warrant standing warrantless-arrest |
Question not identified. |
| 19-7254 |
John Garrett Smith v. Washington |
Washington |
2020-01-13 |
Dismissed |
IFP |
criminal-procedure due-process fifth-amendment grand-jury indictment jury-trial martial-law military-justice sixth-amendment |
(1) Is it lawfully permissible for a State to knowingly breach three core Amendment V of the U.S. Constitution (ratified 12.15.1791) provisions by ind… |
| 19-7255 |
Fernando Duran v. United States |
Tenth Circuit |
2020-01-13 |
Denied |
Response WaivedIFP |
acknowledgment criminal-procedure drug-possession due-process evidence evidence-standard jury narcotics-law reasonable-doubt |
This case raises a fundamental question about the government's burden to prove a defendant's guilt beyond all reasonable doubt. The jury here convicte… |
| 19-7258 |
Jamal Marquise Collins v. United States |
Fifth Circuit |
2020-01-13 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure holguin-hernandez judicial-review legal-standard objections remand sentencing timeliness timely-objection |
1. Whether parties to a criminal proceeding must make timely objections to the unreasonableness of a sentence?
Subsidiary question: whether the case … |
| 19-7261 |
Gibron Lopez v. United States |
Second Circuit |
2020-01-13 |
Denied |
Response WaivedIFP |
co-conspirator criminal-procedure criminal-relationship criminal-relationship-development evidence evidence-admissibility evidence-rule-404(b) hobbs-act inextricably-intertwined-evidence intimate-relationship narcotics-sales relationship rule-404(b) rule-404b sexual-relationship trust trust-relationship |
1. Where evidence of prior narcotics sales was introduced at trial to establish both a relationship of trust among co-conspirators, as well as how the… |
| 19-7264 |
Lazaro Zapata v. Illinois |
Illinois |
2020-01-13 |
Denied |
Response WaivedIFP |
14th-amendment. 5th-amendment civil-procedure due-process standing takings appeals appellate-review case-review civil-rights court-decision criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel judicial-procedure legal-interpretation |
Whether Lazar tpata was denied his Right to a Fair Trial where the trial court refused to instruct the jery on second fisal to provide essential jury … |
| 19-7265 |
Joseph Totoro, II v. United States |
Third Circuit |
2020-01-13 |
Denied |
Response WaivedIFP |
criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining rule-11 scienter scienter-requirement sixth-amendment sixth-amendment-access-to-courts speedy-trial |
1. Did the Court, the United States Attorney, and the former attorneys violate
DQJ policy and Due Process by allowing him to give up all his rights, … |
| 19-7223 |
Erik Bilal Khan v. United States |
Tenth Circuit |
2020-01-10 |
Denied |
Response WaivedIFP |
arraignment counsel-duty criminal-procedure criminal-procedure-ineffective-assistance-counsel ineffective-assistance lesser-crimes plea-bargaining prejudice prejudice-standard reasonable-probability right-to-counsel |
Does the right of a defendant to the effective assistance of counsel at every critical stage of a criminal proceeding, including arraignment, encompas… |
| 19-7238 |
Jerry Reginald Burkes v. Tennessee |
Tennessee |
2020-01-10 |
Denied |
Response WaivedIFP |
criminal-procedure dismissal due-process harmless-error harmless-error-analysis indictment-dismissal mandatory-language money-laundering speedy-trial speedy-trial-act statutory-interpretation tennessee-local-rule-10.03 tennessee-rules-of-criminal-procedure tennessee-rules-of-evidence trial-rights |
1. WHETHER THE TRIAL COURT'S DENIAL OF A MOTION TO DISMISS AN INDICTMENT FOR A VIOLATION OF THE SPEEDY TRIAL ACT'S 70 DAY TIME LIMIT FOR BRINGING A DE… |
| 19-7243 |
Joshua Wolf v. Cindy Griffith, Warden |
Eighth Circuit |
2020-01-10 |
Denied |
Response WaivedIFP |
certificate-of-appealability constitutional-rights criminal-procedure eighth-amendment equal-protection fourteenth-amendment juvenile-offenders mandatory-life-without-parole mandatory-sentencing resentencing sentencing-procedures sixth-amendment |
Joshua Wolf has been serving an unconstitutional sentence since he was sentenced to mandatory life without parole for a homicide offense committed whe… |
| 19-7244 |
David Anson Alandt v. Arkansas |
Arkansas |
2020-01-10 |
Denied |
IFP |
actual-innocence actual-innocence-claims constitutional-rights criminal-procedure due-process evidence evidence-withholding executive-clemency habeas-corpus newly-discovered-evidence post-conviction-appeal |
According to Arkansas State Supreme Court Justice, Josephine L. Hart, There is no remedy in the Arkansas criminal court system which permits prisoners… |
| 19-7249 |
Herbert Evans v. J. Hollingsworth, Warden |
Third Circuit |
2020-01-10 |
Denied |
Response WaivedIFP |
criminal-procedure due-process jurisdiction parole revocation sentencing statutory-interpretation supervised-release |
Illegal Sentence
After
Revocati
Of supervised Release-Extended past
Originol Sentence Expiration Date. |
| 19-7251 |
William McNeal v. Florida |
Florida |
2020-01-10 |
Denied |
Response WaivedIFP |
Apprendi apprendi-standard apprendi-v-new-jersey criminal-law criminal-procedure degree-classification due-process essential-element essential-elements jury-trial reclassification sentencing sentencing-enhancement statutory-interpretation |
Whether, when determining if a defendant's offense can be reclassified to the next highest degree, Florida's interpretation of "essential element" as … |
| 19-7253 |
Fabrizio DeFrancisci v. United States |
Second Circuit |
2020-01-10 |
Denied |
Response WaivedIFP |
appeals certificate-of-appealability criminal-procedure criminal-procedure-rule-60(b)(6) due-process post-conviction-relief rule-60b-motion second-circuit sentencing sentencing-guidelines ussg |
I. WAS THE DISTRICT COURT AND APPEALS COURT WRONG TO DENY
THE RULE 60(b) MOTION AND CERTIFICATE OF APPEALABILITY,
REPSECTIVELY, WHEN THIS COURT HAS … |
| 19-7220 |
Francisco Guerrero-Saucedo v. United States |
Fifth Circuit |
2020-01-09 |
Denied |
IFP |
burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction reasonable-doubt sentencing statutory-maximum |
Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 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 by
"We also find no abuse of discretion in entering the decision
the admission, with a limiting ins… |
| 19-7237 |
Christopher L. Croom v. Illinois |
Illinois |
2020-01-09 |
Denied |
Response WaivedIFP |
admonishment conflict-of-interest constitutional-rights criminal-procedure defendant judicial-admonishment jury-bias right-to-counsel trial-court trial-court-admonishment waiver |
Does a defendant knowingly waive the right to conflict free counsel when the trial court merely admonishes the defendant that a conflict exists, witho… |
| 19-860 |
Nikolai Bosyk v. United States |
Fourth Circuit |
2020-01-09 |
Denied |
Response Waived |
child-pornography circuit-split criminal-procedure fourth-amendment ip-address probable-cause search-and-seizure search-warrant |
Whether the single click of a URL link to child pornography by someone using an individual's IP address can provide probable cause to support a search… |
| 19-7188 |
John Jay Powers v. M. L. Stancil |
Tenth Circuit |
2020-01-08 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
18-usc-3584 18-usc-3584a administrative-deference administrative-law bureau-of-prisons criminal-procedure criminal-sentencing deference federal-bureau-of-prisons federal-courts federal-sentencing sentencing-interpretation statutory-ambiguity statutory-interpretation |
FOR THE FIRST TIME IN ANY OF THE CIRCUITS, THE TENTH CIRCUIT HELD THE LANGUAGE OF 18 U.S.C. 3584(a)'S PHRASE "AT THE SAME TIME" TO BE AMBIGUOUS. THE T… |
| 19-7206 |
Robert W. Johnson v. Law Offices of Jennifer S. Adams, et al. |
Second Circuit |
2020-01-08 |
Denied |
IFP |
civil-rights constitutional-law criminal-fine-improvement-act criminal-liability criminal-procedure due-process insurance-fraud second-circuit sentencing standing statutory-interpretation white-collar-crime |
Question not identified. |
| 19-7209 |
Jurother Lee Alston, Jr. v. United States |
Fourth Circuit |
2020-01-08 |
Denied |
Response WaivedIFP |
4th-amendment constitutional-rights criminal-procedure criminal-procedure-4th-amendment-exclusionary-rule evidence-law exclusionary-rule fourth-amendment inevitable-discovery nix-v-williams search-and-seizure |
What is the scope of the Inevitable Discovery doctrine originally set out in Nix v. Williams, 467 U.S. 431, 444 (1984)? |
| 19-7213 |
Rodney Banks v. California |
California |
2020-01-08 |
Denied |
IFP |
4th-amendment 5th-amendment arrest constitutional-rights criminal-procedure due-process evidence fourth-amendment law-enforcement miranda-rights probable-cause search-and-seizure |
I AM ReQUesTinG FoR ReVIeW THAT -ARRESTING OFFICER DId NOT ReAd ME my MIRAnDA RIGHTS. AUd THE JURY GOT THE WRonG eviden ce foR DelibeRATiON. |
| 19-7215 |
Jerry Jabbari Rhodes v. United States |
Fourth Circuit |
2020-01-08 |
Denied |
IFP |
acquittal constitutional-rights criminal-procedure double-jeopardy due-process judicial-sentencing jury-trial sentencing sixth-amendment watts-decision |
Is it reasonable and constitutional to sentence a defendant on facts for which a jury found the same defendant not guilty? |
| 19-7216 |
Daniel A. Ramet v. Robert LeGrande, Warden, et al. |
Ninth Circuit |
2020-01-08 |
Denied |
Response WaivedIFP |
criminal-defense criminal-procedure habeas-corpus ineffective-assistance ineffective-assistance-of-counsel lafler-v-cooper legal-malpractice plea-bargaining sixth-amendment strickland-v-washington |
If a defense attorney advises a client to reject a favorable plea offer based on a grave miscalculation about the viability of a legal defense, has th… |
| 19-7219 |
Jonathan Canales v. Florida |
Florida |
2020-01-08 |
Denied |
IFP |
civil-procedure constitutional-law due-process jurisdiction standing statutory-interpretation appeal civil-rights criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel |
Question not identified. |
| 19-7190 |
Ernesto Benavides Jr. v. Texas |
Texas |
2020-01-07 |
Denied |
IFP |
appeal collateral-review criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel pretrial-motion right-to-appeal sixth-amendment suppression-of-evidence |
1. Have davied viaht +a moaninaful appeal of his mation to Suppress owidenck, under Dackson v. Denne 378 U8. 208 (1904), that oceuved prior trial ?
2… |
| 19-7197 |
Darryl William Young v. United States |
Ninth Circuit |
2020-01-07 |
Denied |
Response WaivedIFP |
bank-robbery colloquy constitutional-law constitutional-question-of-procedural-law criminal-procedure criminal-procedure-rule-11 criminal-procedure-rule-20 direct-appeal district-court-jurisdiction due-process federal-jurisdiction federal-question-of-statutory-law federal-rules-criminal-procedure jurisdictional-venue overbroad-interpretation plea-agreement plea-validity procedural-requirements sentencing statutory-interpretation statutory-law venue waiver |
1. The United States Supreme Court is asked to resolve a federal question of jurisdictional law, whether the district court for the Eastern District o… |
| 19-7198 |
B. T. D. v. Alabama |
Alabama |
2020-01-07 |
Denied |
Response WaivedIFP |
civil-rights constitutional-vagueness criminal-procedure due-process equal-protection juvenile-justice juvenile-transfer serious-physical-injury standing vagueness |
I. Does a child have due process rights to a judicial determination of whether his/her case should remain in juvenile court or should be transferred t… |
| 19-7201 |
Casey Lee Jones v. United States |
Fifth Circuit |
2020-01-07 |
Denied |
Response WaivedIFP |
appellate-review circuit-court-conflict circuit-split criminal-procedure discretionary-review due-process federal-criminal-procedure federal-rules-of-criminal-procedure rule-11 supervisory-powers |
Whether the decision of the United States Court of Appeals for the Fifth Circuit ("Fifth Cireuit")-which held Rule 11 of the Federal Rules of Criminal… |
| 19-850 |
Mark Joseph Derrico v. Georgia |
Georgia |
2020-01-07 |
Denied |
Response Waived |
arbitrary-enforcement civil-rights criminal-procedure criminal-statute due-process equal-protection prosecutorial-discretion statutory-interpretation void-for-vagueness |
Does the void-for-vagueness doctrine extend to cases such as Derrico's where courts have rested on the authority of judges and juries to ratify arbitr… |
| 19-845 |
Charles Huggins v. United States |
Second Circuit |
2020-01-06 |
Denied |
Response Waived |
28-usc-2255 brady-violation criminal-procedure due-process evidentiary-hearing ineffective-assistance insufficient-evidence perjury section-2255 sixth-amendment |
1. Whether Petitioner was deprived of due process by his continuing imprisonment who was convicted on insufficient evidence without being granted an e… |
| 19-7138 |
Michael Blankenship v. United States |
Fourth Circuit |
2020-01-06 |
Denied |
Response WaivedIFP |
clean-water-act criminal-procedure environmental-law evidence evidence-admissibility eyewitness-testimony fecal-coliform intent prejudice rule-404(b) rule-404b witness-testimony |
1. Whether in a prosecution for illegally dumping waste into a creek, where a major part of the Government's case was based on eyewitness testimony ab… |
| 19-7164 |
Dominic Howard v. United States |
Fifth Circuit |
2020-01-06 |
Denied |
Response WaivedIFP |
criminal-procedure due-process exclusionary-rule fifth-circuit fourth-amendment in-forma-pauperis ineffective-assistance-of-counsel judicial-review pro-se probable-cause search-and-seizure sentencing standing writ-of-certiorari |
Question not identified. |
| 19-7171 |
Samuel Turner v. United States |
Eighth Circuit |
2020-01-06 |
Denied |
Response WaivedIFP |
arrest civil-rights conviction-and-sentence criminal-procedure criminal-procedure-4th-amendment-search-and-seizur drug-possession due-process exculpatory-evidence fourth-amendment fourth-amendment-search-and-seizure investigative-reports police-conduct probable-cause search-and-seizure subpoena-duces-tecum supervisory-power |
1.) Whether, the lower courts erred by upholding the arrest of Mr. Turner?
2.) Whether the lower courts erred in denying and upholding the denial of … |
| 19-7173 |
Kenneth Rose v. United States |
Sixth Circuit |
2020-01-06 |
Denied |
Response WaivedRelisted (2)IFP |
address-discrepancy affidavit criminal-procedure fourth-amendment good-faith-exception ineffective-assistance ineffective-assistance-of-counsel material-fact plain-error search-warrant suppression |
1) Reasonable jurists would debate that appellate counsel was ineffective
for failing to raise a plain error of fact material to Leon's third
exceptio… |
| 19-7180 |
Rafael Leonhard Wolfga Beier v. United States |
Ninth Circuit |
2020-01-06 |
Denied |
Response WaivedIFP |
criminal-procedure federal-rules-of-criminal-procedure mental-impairment motion-for-new-trial newly-discovered-evidence post-conviction-relief rule-33 standard-of-review standards-for-new-trial trial-standard |
1. Does a criminal defendant's discovery of a recognized mental impairment after conviction at trial constitute newly discovered evidence under Federa… |
| 19-7182 |
Cirilo Mancilla Lopez v. United States |
Fifth Circuit |
2020-01-06 |
Denied |
IFP |
appeal appellate-review criminal-procedure due-process legal-objection preservation-of-error sentencing-guidelines sentencing-review standard-of-review substantive-unreasonableness |
1. Whether claims of substantive unreasonableness must be preserved by specific objection?
SUB SIDIARY QUESTI ON: Whether the Court should hold the c… |
| 19-7183 |
Malcolm William v. Pennsylvania |
Pennsylvania |
2020-01-06 |
Denied |
Response WaivedIFP |
causation criminal-procedure criminal-procedure-arrest-of-judgment due-process elements-of-crime evidence evidence-sufficiency hearsay insufficient-evidence malice motion-in-limine murder murder-charge new-trial sixth-amendment third-degree |
1. Whether Appellant should be awarded an arrest of
judgement on the charge of Murder in the Third Degree, as
*there is insufficient evidence to sust… |
| 19-7141 |
Fernando Oliveros v. Illinois |
Illinois |
2020-01-03 |
Denied |
Response WaivedIFP |
civil-rights constitutional-guarantee criminal-interpretation criminal-procedure due-process ex-post-facto free-speech legislative-intent lenity standing statutory-ambiguity statutory-construction |
When the legislature has met spoken in law eluent that is clear and definite and has at fixed the punishment for a offense duly and without ambiguity,… |
| 19-7151 |
Erick David Lopez v. United States |
Ninth Circuit |
2020-01-03 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-trial due-process evidence evidence-admission fifth-amendment free-speech ninth-circuit prejudice rap-poem sixth-amendment |
Whether the Ninth Circuit's sanctioning of the admission of a vile and obscenity-laced rap poem found inside the purse of a 16-year-old girl and not w… |
| 19-7161 |
Aaron Michael Murray v. United States |
Eleventh Circuit |
2020-01-03 |
Denied |
Response WaivedIFP |
burden-of-proof constitutional-protections criminal-procedure federal-rules federal-rules-of-criminal-procedure guilty-plea guilty-plea-withdrawal ineffective-assistance ineffective-assistance-of-counsel motion-to-withdraw plea-bargaining plea-colloquy sentencing withdrawal-of-plea |
Whether third-party affidavits filed with a motion to withdraw a guilty plea before sentencing, claiming ineffective assistance of counsel, overcomes … |
| 19-7165 |
Omar Macias-Macias v. United States |
Fifth Circuit |
2020-01-03 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
appellate-jurisdiction appellate-ripeness circuit-split civil-rights constitutional-law criminal-procedure direct-appeal due-process finality jurisdiction justiciability legal-challenge standing supervised-release |
Does the doctrine of prudential ripeness allow the Court of Appeals to dismiss a defendant's timely direct appeal challenging a supervised release con… |
| 19-7167 |
Harshadkumar Nanjibhai Jadav v. Virginia |
Virginia |
2020-01-03 |
Denied |
Response WaivedIFP |
appellate-review circumstantial-evidence criminal-procedure evidence-sufficiency first-degree-murder identity-of-defendant identity-of-perpetrator jury-instructions possession-of-weapon premeditation sufficiency-of-evidence |
I.
Contrary to precedent set in Yeager v. Commonwealth , 16 Va.
433 S.E.2d 248 (1993) and rule 3A:16 of the Rules of App. 761
Supreme Court of Virgini… |
| 19-7146 |
David Rapoport v. Robert Gilmore, Superintendent, State Correctional Institution at Greene, et al. |
Third Circuit |
2020-01-02 |
Denied |
Response WaivedIFP |
appeal-waiver criminal-procedure criminal-procedure-ineffective-assistance-of-couns death-penalty due-process guilty-plea ineffective-assistance life-without-parole plea-bargaining sentencing waiver-of-appeal-rights |
1. Was the petitioner's counsel ineffective in pre-trial stages?
2. Was the petitioner's counsel ineffective during the plea-bargaining process?
3. … |
| 19-7093 |
Oscar Ibarra v. Nick Ludwick, Warden |
Eighth Circuit |
2019-12-31 |
Denied |
Response WaivedIFP |
conflict-of-interest criminal-procedure indigent-defendant ineffective-assistance murder right-to-counsel sixth-amendment |
I. Does the Sixth Amendment permit an office to represent an indigent defendant in a First Degree Murder case if the office previously represented bot… |
| 19-7112 |
Gabriel Galindo-Serrano v. United States |
First Circuit |
2019-12-31 |
Denied |
IFP |
confession confession-suppression court-of-appeals criminal-procedure delay magistrate-judge motion-to-suppress plain-error standard-of-review waiver |
Whether the standard of review on appeal of an untimely motion to suppress a confession, based upon the failure to bring the defendant before a magist… |
| 19-7116 |
Eddie Estuardo Galindo-Mendez v. United States |
Fifth Circuit |
2019-12-31 |
Denied |
IFP |
appellate-review criminal-procedure due-process factual-error harmless-error judicial-review plain-error plain-error-review standard-of-review |
Whether factual error is categorically immune from plain error review? |
| 19-7117 |
Vance Edward Ingram, III v. United States |
Fourth Circuit |
2019-12-31 |
Denied |
Response WaivedIFP |
appeal-waiver appellate-procedure constitutional-law constitutional-rights criminal-procedure defendant-rights due-process government-power plea-agreement plea-bargaining waiver |
IS A DEFEDANT'S RIGHT TO DUE PROCESS OF LAW VIOLATED WHEN THE GOVERNMENT REQUIRES AN APPEAL WAIVER AS PART OF A PLEA AGREEMENT? |
| 19-7118 |
Calvin Buffington v. United States |
Seventh Circuit |
2019-12-31 |
Denied |
Response WaivedIFP |
criminal-procedure drug-quantity due-process judicial-fact-finding section-3582 section-3582(c)(2) sentence-reduction sentencing-guidelines sentencing-guidelines-3582(c)(2) statutory-interpretation |
1. Whether the district court's failure to find a drug quantity when adopting
PSR in its entirety authorized it to select a new quantity as a basis f… |
| 19-7120 |
Gilbert Sanchez v. Texas |
Texas |
2019-12-31 |
Denied |
IFP |
apprendi-v-new-jersey blakely-v-washington criminal-appeals criminal-procedure due-process effective-assistance-of-counsel fourteenth-amendment habeas-corpus in-re-winship jury-trial right-to-trial-by-jury sixth-amendment texas-constitution |
1. Is the Fourteenth Amendment of the United States Constitution violated when the Texas Court of Criminal Appeals denies an Applicant habeas relief b… |
| 19-7122 |
Vinodh Raghubir v. Mark S. Inch, Secretary, Florida Department of Corrections |
Florida |
2019-12-31 |
Dismissed |
IFP |
access-to-courts attorney-fees civil-procedure civil-rights constitutional-violations criminal-procedure due-process habeas-corpus ineffective-assistance post-conviction-relief standing takings |
Question not identified. |
| 19-7124 |
Derwin Lee Butler v. California |
California |
2019-12-31 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process jury-instruction jury-instructions post-trial-hearing right-to-call-witnesses stipulation trial-court-error trial-error trial-procedure witness-testimony |
1. Does' a criminal defendant become deprived of his constitutional rights when the trial court fails to read an agreed upon stipulation and instructi… |
| 19-7130 |
Fabio Morel v. United States |
Second Circuit |
2019-12-31 |
Denied |
Response WaivedIFP |
appellate-review case-law circuit-court-interpretation criminal-procedure criminal-sentencing judicial-precedent plea-agreement plea-bargaining precedent retroactivity sentencing sentencing-guidelines statutory-construction statutory-interpretation supreme-court-precedent |
I. WHETHER THE LOWER COURT'S DECISION IS IN CONFLICT WITH FREEMAN V. UNITED STATES, 564 U.S. 522 (2011); AND HUGHES V. UNITED STATES, 138 S. Ct. 1765 … |
| 19-7132 |
Ric Thomason, Jr. v. United States |
Eleventh Circuit |
2019-12-31 |
Denied |
Response WaivedIFP |
abuse-of-discretion criminal-procedure defendant-presence defendant-rights district-court-discretion due-process judicial-procedure modified-sentence resentencing sentencing |
WHETHER THE DISTRICT COURT ABUSED ITS DISCRETION IN FAILING TO HOLD A RESENTENCING HEARING, WITH THE DEFENDANT, PRESENT PRIOR TO IMPOSING A MODIFIED S… |
| 19-7136 |
Karen Lynn McClaflin v. United States |
Tenth Circuit |
2019-12-31 |
Denied |
Response WaivedIFP |
affidavit appeal appellate-procedure cja-appointment counsel-appointment criminal-justice-act criminal-justice-act-1964 criminal-procedure due-process fee-waiver in-forma-pauperis prosecutorial-misconduct sentencing standing writ-of-certiorari |
Question not identified. |
| 19-822 |
Laurie A. White, Judge, Section A of the Orleans Parish Criminal District Court, et al. v. Alana Cain, et al. |
Fifth Circuit |
2019-12-31 |
Denied |
Response Waived |
conflict-of-interest constitutional-conflict criminal-procedure due-process federal-jurisdiction fines-and-fees judicial-disqualification judicial-impartiality state-court-funding state-court-jurisdiction |
Does the federal court have jurisdiction to disqualify state criminal court judges from adjudicating matters, over which they have exclusive jurisdict… |
| 19-828 |
Charles Garske, et al. v. United States |
First Circuit |
2019-12-31 |
Denied |
Response Waived |
constitutional-law criminal-procedure double-jeopardy government-misconduct manifest-necessity mistrial oregon-v-kennedy retrial united-states-v-perez |
For purposes of determining whether the Double Jeopardy Clause bars a second prosecution, does the test enunciated in Oregon v. Kennedy, 456 U.S. 667 … |
| 19-7083 |
Leroy L. Perdue v. United States |
Fourth Circuit |
2019-12-30 |
Denied |
Response WaivedIFP |
851-enhancement criminal-procedure due-process enhancement federal-statute notice role-adjustment sentencing sentencing-enhancement sentencing-guidelines statutory-compliance statutory-interpretation |
1. Whether the sentence should be vacated for failure comply with the requirements of 21 U.S.C. § 851(b).
2. Whether the court erred in assessing a f… |
| 19-7084 |
Andrew Haley Morcombe v. United States |
Eleventh Circuit |
2019-12-30 |
Denied |
Response WaivedIFP |
affirmative-defense criminal-procedure domestic-violence due-process fair-trial international-kidnapping international-parental-kidnapping jury-instructions state-law state-law-definitions statutory-interpretation |
Whether the failure of 18 U.S.C. § 1204, the International Parental Kidnapping statute, to define the term "domestic violence" for purposes of an affi… |
| 19-7086 |
Walter Daniel Prezioso v. United States |
Ninth Circuit |
2019-12-30 |
Denied |
IFP |
acquitted-conduct constitutional-rights criminal-procedure due-process fifth-amendment sentencing sixth-amendment |
Whether reliance on acquitted conduct in imposing sentence violates the Fifth and Sixth Amendments? |
| 19-7088 |
Marcos Cortez-Rogel v. United States |
Fifth Circuit |
2019-12-30 |
Denied |
IFP |
burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum |
I. Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and ei… |
| 19-7089 |
Jonathan Cruz-Ramirez v. United States |
Ninth Circuit |
2019-12-30 |
Denied |
Response WaivedRelisted (2)IFP |
constitutional-rights criminal-procedure due-process evidence evidence-admission fifth-amendment first-amendment juvenile-evidence prejudice prejudicial-error sixth-amendment |
Whether the Ninth Circuit's sanctioning of the admission of a vile
and obscenity-laced rap poem found inside the purse of a 16-year-old girl and not
w… |
| 19-7094 |
Ernest Lawrence v. Gurbir Grewal, Attorney General of New Jersey, et al. |
Third Circuit |
2019-12-30 |
Denied |
Response WaivedIFP |
5th-amendment constitutional-review criminal-procedure custodial-interrogation due-process ineffective-assistance ineffective-assistance-of-counsel miranda-rights miranda-v-arizona police-interrogation prior-bad-acts prosecutorial-misconduct strickland-standard |
Mr. Lawrence seek leave to appeal the following issues:
1. Whether The Lower Court's Decisions Were Contrary To Miranda v. Arizona, 384 U.S. 436 (196… |
| 19-7095 |
David Lee Smith v. United States District Court for the Eastern District of North Carolina |
Fourth Circuit |
2019-12-30 |
Denied |
Relisted (2)IFP |
civil-procedure civil-rights constitutional-relief criminal-procedure due-process habeas-corpus judicial-standards pro-se sentencing standing statutory-interpretation |
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| 19-7096 |
David Lee Smith v. Rick Jackson |
Fourth Circuit |
2019-12-30 |
Denied |
Response WaivedRelisted (2)IFP |
civil-rights criminal-evidence criminal-procedure due-process evidence evidentiary-standard fingerprint fingerprint-analysis jury jury-confusion probable-cause standing wrongful-conviction |
ARE 92954 PETITLONER(S\ ENTITLLEA TO REAAAND, INILTH
INSTRUCTIONS FOR AISTRICT COURT TQ ORDER CASE
ATSMISSED AITTH PREAUDICERECAUSE OF PROSEC.UTIPS
ON… |
| 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 by … |
| 19-7098 |
Antonio Shaw v. United States |
Eighth Circuit |
2019-12-30 |
Denied |
Response WaivedIFP |
constitutional-law constitutional-rights criminal-procedure defense-counsel due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel objective-standard sixth-amendment standard-of-review witness-testimony |
(1) Whether defense Counsel's performance in failing to inform client of important witness against him fell below an objectively reasonable Standard o… |
| 19-7101 |
David Nowakowski v. E.E. Austin and Son, Inc., et al. |
Pennsylvania |
2019-12-30 |
Denied |
Response WaivedIFP |
civil-rights criminal-organizations criminal-procedure criminal-racketeering due-process inchoate-crimes legal-remedies legislative-interpretation organized-crime pro-se pro-se-litigation racketeering standing statutory-construction |
Where a plaintiffs position falls within the scope of an open
Legislative statement such as PA Code Title 18 Section 911 (a) (6); "in
order to success… |
| 19-7102 |
Ruben Mendez v. United States |
Fifth Circuit |
2019-12-30 |
Denied |
IFP |
case-review constitutional-law court-of-appeals criminal-procedure criminal-sentencing due-process judicial-precedent legal-procedure precedent sentencing statutory-interpretation supreme-court supreme-court-review writ-of-certiorari |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 19-7104 |
Julio Cesar Pacheco-Astrudillo v. United States |
Fifth Circuit |
2019-12-30 |
Denied |
IFP |
burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum |
Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 19-7070 |
Gary R. Tomey, II v. United States |
Eleventh Circuit |
2019-12-27 |
Denied |
Response WaivedIFP |
constructive-amendment criminal-procedure due-process fifth-amendment indictment jury-instructions material-variance self-incrimination sentencing sentencing-hearing |
1. Whether a constructive amendment and/or material variance of the indictment occurs when a court instructs the jury for the first time — during its … |
| 19-7071 |
Joseph A. Williams v. United States |
Seventh Circuit |
2019-12-27 |
Denied |
IFP |
appellate-review armed-career-criminal-act certification criminal-law criminal-procedure judicial-certification sentencing serious-drug-offense state-convictions statutory-interpretation |
I. Whether the Armed Career Criminal Act's "serious drug offense" definition is limited to only those state convictions that are the same or narrower … |
| 19-7078 |
Braun Nathan Thompson v. United States |
Eighth Circuit |
2019-12-27 |
Denied |
Response WaivedIFP |
18-usc-924 aggravated-robbery armed-robbery-statute criminal-law criminal-procedure elements-clause federal-sentencing firearms-offense minnesota-law sentencing-enhancement statutory-interpretation violent-felony |
Whether aggravated robbery under Minnesota law is a violent felony within the scope of the elements clause of 18 U.S.C. §924(e)(2)(b)(i). |
| 19-7080 |
Stanley Jaboin v. Florida |
Florida |
2019-12-27 |
Denied |
Response WaivedIFP |
criminal-procedure due-process due-process,criminal-procedure,federal-law,supreme failure-to-render-aid federal-law florida-statute-316.193 judgment-of-acquittal motion-for-acquittal standard-of-proof statutory-interpretation supreme-court-precedent |
I. Petitioner ask did the First District Courts of Appeals apply federal law issued by the United States Supreme Court in a way that frustrates and un… |
| 19-7082 |
Mark J. Lipski v. Maine |
Maine |
2019-12-27 |
Denied |
Response WaivedIFP |
constitutional-law constitutional-protection conviction-consequences criminal-procedure due-process economic-disadvantage indigent-defense ineffective-assistance judicial-oath legal-ethics legal-representation liberty-interests right-to-counsel state-prosecution |
1)Was this case criminal in nature?
2)Was the right to counsel waived?
3)Would an impoverished layman have the needed skills and ability to defend h… |
| 19-7059 |
John Kenneth Schiefer v. United States |
Ninth Circuit |
2019-12-26 |
Denied |
Response WaivedIFP |
appellate-review criminal-law criminal-procedure district-court due-process judicial-discretion legal-reasoning plain-error procedural-error respect-for-law sentencing sentencing-guidelines sentencing-procedure |
Did the district court plainly procedurally err when it selected
and imposed sentence based on its desire to promote the
defendant's respect for the l… |
| 19-7055 |
In Re Charlene Rosa |
|
2019-12-23 |
Denied |
IFP |
brady-v-maryland civil-rights constitutional-law criminal-procedure due-process equal-protection evidence fourth-amendment habeas-corpus ineffective-assistance-of-counsel search-and-seizure strickland-v-washington |
1. Whether mewly Discovened Evidence From the American socity % crime Laboratory Advise to the sate scuntficand the oNA Evidence dunng tnal, thatwas S… |
| 19-7056 |
Robert Keith Kinsey v. United States |
Fifth Circuit |
2019-12-23 |
Denied |
Response WaivedIFP |
appellate-review circuit-split criminal-procedure district-court judicial-objection objection preservation-of-error procedural-reasonableness reasonableness sentencing sentencing-procedure |
I. Must challenges to the procedural reasonableness of a sentence be preserved by a separate "reasonableness" objection in district court? |
| 19-7047 |
In Re Antwoyn Spencer |
|
2019-12-23 |
Denied |
Response WaivedRelisted (2)IFP |
appeal civil-rights criminal-procedure due-process pro-se sentencing |
Whether Appellant was deprived of his civil right of personal liberty against law contrary to the Constitution and Laws of the United States. |
| 19-7049 |
In Re Antwoyn Spencer |
|
2019-12-23 |
Denied |
Response WaivedIFP |
appellate-review civil-procedure civil-rights constitutional-claim criminal-law criminal-procedure due-process federal-jurisdiction habeas-corpus ineffective-assistance personal-liberty pro-se-petition punishment standing strickland-standard undue-delay |
1. Whether Appellant is being deprived of his civil right of personal liberty against law contrary to the Constitution and Laws of the United States. |
| 19-7050 |
In Re Charlene Rosa |
|
2019-12-23 |
Denied |
IFP |
appeal civil-rights constitutional-rights criminal-procedure due-process equal-protection ineffective-assistance-of-counsel judicial-review sanctions statutory-interpretation witness-testimony |
Wter the Foh ct con pel bue i
1. discretion in sanction the petitioner
Whether the Founth OcH Erceed it Authonty in sancion The petitioner.
A Disco… |
| 19-7051 |
Adan Reyes-Martinez v. United States |
Fifth Circuit |
2019-12-23 |
Denied |
Response WaivedIFP |
appeal appeal-waiver criminal-procedure fifth-circuit plea-agreement plea-bargaining sentencing waiver waiver-of-rights |
Whether the Fifth Circuit erred by ruling that Mr. Reyes-Martinez waived the right to appeal his sentence because of the Waiver of Appeal provision in… |
| 19-7054 |
Philip Rogers v. Debbie Asuncion, Warden |
Ninth Circuit |
2019-12-23 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-defense criminal-procedure drug-use evidence foreseeability ineffective-assistance reasonable-doubt trial-strategy vehicular-homicide |
Philip Rogers was driving after several drinks. Ahead of him a woman was jaywalking, possibly obscured by two bicyclists also crossing. When he saw th… |
| 19-7035 |
Michael B. Lowry v. United States |
Eighth Circuit |
2019-12-20 |
Denied |
Response WaivedIFP |
4th-amendment attenuation-doctrine burden-of-proof criminal-procedure evidence-suppression exclusionary-rule fourth-amendment search-and-seizure suppression-of-evidence |
After the police violate an individual's Fourth Amendment rights by conducting an illegal search or seizure, does the government bear the burden of pr… |
| 19-7038 |
Angela Maxine Lee v. United States |
Fifth Circuit |
2019-12-20 |
Denied |
Response WaivedIFP |
18-usc-3553 18-usc-922 18-usc-924 3553-a-factors 3553a-factors appellate-review criminal-procedure criminal-sentencing district-court-discretion federal-sentencing-guidelines sentencing-guidelines sentencing-reasonableness standard-of-review substantive-reasonableness |
Whether the above-Guidelines 84-month sentence ordered by the district court is substantively unreasonable under the § 3553(a) factors. |
| 19-7040 |
Dalia A. Dippolito v. Florida |
Florida |
2019-12-20 |
Denied |
Response WaivedIFP |
criminal-defense criminal-law criminal-liability criminal-procedure due-process entrapment factual-disputes jury-trial objective-entrapment state-law trial-by-jury trial-court-proceedings |
Where state law recognizes objective entrapment as a complete defense to criminal liability, and that defense turns on disputed issues of fact, does r… |
| 19-7041 |
Pedro L. Ramirez-Rivera v. United States |
First Circuit |
2019-12-20 |
Denied |
Response WaivedIFP |
brady-disclosure brady-v-maryland criminal-procedure direct-appeal due-process exculpatory-evidence post-conviction post-conviction-relief post-conviction-review prosecutorial-misconduct right-to-appeal |
Whether the United States Attorneys are obliged to disclose exculpatory evidence known to exist after the defendant has been convicted by trial by jur… |
| 19-7043 |
John A. Toth v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2019-12-20 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
4th-amendment abuse-of-discretion attenuation civil-rights constitutional-rights criminal-procedure due-process evidence habeas-corpus ineffective-assistance plea-bargaining police-conduct post-conviction-relief |
Question not identified. |
| 19-7044 |
Darmarcus Fisher v. United States |
Fifth Circuit |
2019-12-20 |
Denied |
Response WaivedIFP |
aggravated-assault appeal appellate-review criminal-procedure criminal-sentencing district-court due-process fifth-circuit procedural-reasonableness sentencing sentencing-enhancement sentencing-guidelines standard-of-review substantive-reasonableness |
Whether the district court imposed a substantively unreasonable sentence and erred by imposing a 4-level enhancement for aggravated assault. |
| 19-6972 |
Tarsis Guillermo Sanchez-Mora v. United States |
First Circuit |
2019-12-19 |
Denied |
Response WaivedIFP |
circuit-court-split circuit-split criminal-procedure federal-procedure jury-instruction jury-instructions miscarriage-of-justice plain-error rico-conspiracy statutory-interpretation |
The lower court's ruling fail ed to correct a miscarriage of justice by allowing a conviction to stand, where the trial court's jury instruction on th… |
| 19-7008 |
Abraham Hernandez-Zavala v. United States |
Ninth Circuit |
2019-12-19 |
Denied |
Response WaivedIFP |
coram-nobis Criminal-Conviction criminal-procedure custody custody-status deportation deportation-supervised-release due-process Habeas-Corpus immigration immigration-law supervised-release writ-of-error-coram-nobis |
WHETHER DEPORTATION AUTHOMATICALLY ENDS AN
IMMIGRANTS IMPOSED SUPERVISED RELEASE?
IF COURT WAIVES COURT SUPERVISION UPON DEPORATION
IS ALIEN "IN CU… |
| 19-7011 |
Carl Golden v. United States |
Eleventh Circuit |
2019-12-19 |
Denied |
IFP |
constitutional-rights criminal-intent criminal-procedure due-process guilty-plea intent knowledge-of-elements mens-rea plea-bargaining rehaif-v-united-states |
Does the Constitution require that the accused know the elements of a crime in order to validly plead guilty?
Is Florida § 893.13 categorically a ser… |
| 19-7013 |
Kenneth M. Gray v. Paul S. Kemper, Warden |
Seventh Circuit |
2019-12-19 |
Denied |
Response WaivedIFP |
civil-rights confession criminal-procedure due-process false-confession false-promises ineffective-assistance interrogation no-merit-report parent-attorney post-conviction-counsel sentencing sentencing-error waiver waiver-petition |
Whether post-conviction counsel failed to file a "no-merit" report.
Whether detectives made false promises to illicit a confession during the interro… |
| 19-7018 |
Scott Ray Bishop v. United States |
Tenth Circuit |
2019-12-19 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
criminal-procedure due-process evidence expert-testimony personal-knowledge structural-error technical-element testimony |
1. Whether the exclusion of a defendant's testimony based on first-hand, personal knowledge of a technical element of the offense charged is structura… |
| 19-7020 |
Nahach Garay v. United States |
Ninth Circuit |
2019-12-19 |
Denied |
Response WaivedIFP |
4th-amendment affidavit criminal-procedure fourth-amendment inventory-search law-enforcement probable-cause search-and-seizure training-and-experience warrant warrantless-search |
1. Whether, a purported inventory search that produces no inventory, can justify the warrantless search of automobile after its occupants have been re… |
| 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 when a court bars a defendant from eliciting the mandatory minimum sentence a prosecution… |
| 19-7022 |
Jesus D. Cruz v. United States |
Sixth Circuit |
2019-12-19 |
Denied |
IFP |
4th-amendment constitutional-violation criminal-procedure criminal-sentencing due-process fourth-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel rehaif-v-united-states search-and-seizure search-warrant sentencing toxicology-report |
1. Whether Counsel was ineffective for not showing the Petitioner and or verifying to the Petitioner producted a valid search warrant, once they broke… |
| 19-7024 |
Germira Lamar Carter v. Michigan |
Michigan |
2019-12-19 |
Denied |
Response WaivedIFP |
constitutional-violation criminal-conviction criminal-procedure due-process effective-assistance-of-counsel habeas-corpus ineffective-assistance-of-counsel sixth-amendment strickland-test |
WHERE THE STATE COURTS OF MICHIGAN HAS CONVICTED A CRIMINAL DEFENDANT IN VIOLATION OF HIS SIXTH AMENDMENT RIGHT TO EFFECTIVE ASSISTANCE OF COUNSEL, IS… |
| 19-786 |
Willie Kipyego Butia v. Virginia |
Virginia |
2019-12-19 |
Denied |
Response Waived |
constitutional-law constitutional-rights criminal-law criminal-procedure due-process fair-trial judicial-discretion jury jury-instructions statutory-interpretation |
Is due process violated where the trial judge instructs the jury using words not found in the statute and in such a way that clearly expands the statu… |
| 19-6969 |
Leviticus A. Swift v. Georgia |
Georgia |
2019-12-18 |
Denied |
IFP |
4th-amendment arrest-warrant civil-rights constitutional-rights criminal-procedure criminal-trial due-process exclusionary-rule fourth-amendment indictment probable-cause search-and-seizure |
RESENTED TO THE MAGISTRATE INSUFFICIENT TO PROVE PETITIONER
SNE PTI HH 1ILLIVN
IS THE INDIOTMENT IN THIS CASE VALID WHEN IT WAS NOT RETARNED
YA GRANd … |
| 19-6978 |
Isaac Naranjo v. Mark Capozza, Superintendent, State Correctional Institution at Fayette, et al. |
Third Circuit |
2019-12-18 |
Denied |
Response WaivedIFP |
certificate-of-appealability constitutional-right constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jurists-of-reason merits notice-of-charges post-conviction-review procedural-default |
(1) WHETHER TO MAKE A SUBSTANTIAL SHOWING OF THE DENIAL OF A CONSTITUTIONAL RIGHT A HABEAS APPLICANT FOR A C.O.A. NEED NOT SHOW THAT HE WILL PREVAIL O… |
| 19-6990 |
King Bush v. Kannika Say |
Michigan |
2019-12-18 |
Denied |
IFP |
benefits civil-rights confidential-informant criminal-procedure due-process false-documents fourth-amendment fraud green-card immigration immigration-fraud law-enforcement marriage money-laundering probable-cause search-and-seizure |
I want to void marrdige based on immig vation fraud?
Kannika say shewas married to heruncle during the time she was
living withme 8127/2oob, wasmy mar… |
| 19-6995 |
Richard Alan King v. United States |
Ninth Circuit |
2019-12-18 |
Denied |
Response WaivedIFP |
actual-innocence certificate-of-appealability civil-procedure criminal-procedure due-process faretta-v-california fundamental-miscarriage-of-justice magistrate pro-se-pleading procedural-default remand reversal standard-of-review standing supreme-court-precedent |
Was The Presiding Magistrate's Analysis So Flawed As To Warrent This Court To Reverse And Remand So That A Correct Legal Standard May Be Applied ? pg7… |
| 19-7001 |
Haji Bagcho, aka Haji Bagh Chagul, aka Haji Bagchagul v. United States |
District of Columbia |
2019-12-18 |
Denied |
IFP |
acquittal criminal-procedure due-process fifth-amendment jury-selection jury-selection-and-service-act racial-bias racial-discrimination sixth-amendment |
I. Whether pursuant to the Jury Selection and Service Act a criminal defendant who observes a racially skewed venire can be denied time to inspect jur… |
| 19-7004 |
Mario Torres v. Shawn Hatton, Warden |
Ninth Circuit |
2019-12-18 |
Denied |
Response WaivedIFP |
blanket-policy brady-violations criminal-defendant-rights criminal-procedure discovery due-process evidence-withholding exculpatory-evidence federal-law ineffective-assistance plea-agreement policy right-to-counsel unreasonable-application |
Whether Contra Costa County California's blanket policy of depriving a criminal defendant, the facts and the evidence (exculpatory or otherwise), surr… |
| 19-776 |
James Wesley Amonett, Jr. v. Virginia |
Virginia |
2019-12-18 |
Denied |
Response Waived |
contract-enforcement contract-law criminal-procedure criminal-procedure-contract-enforcement due-process jury-trial law-enforcement plea-bargaining police-authority police-promises right-to-jury-trial sixth-amendment |
Issue 1. There is an important, recurring issue on which the Federal circuits and the states' highest courts are split, i.e. whether the police can pr… |
| 19-780 |
Willie Newton v. United States |
Seventh Circuit |
2019-12-17 |
Denied |
Response Waived |
criminal-procedure custis-v-united-states drug-offense due-process federal-sentencing habeas-corpus johnson-v-united-states post-conviction-relief prior-conviction proposition-47 sentence-enhancement sentencing state-law state-sentencing |
In Johnson v. United States, 544 U.S. 295 (2005), and Custis v. United States, 511 U.S. 485 (1994), this Court held that a defendant who "successfully… |
| 19-6949 |
James R. Royal v. Harold W. Clarke, Director, Virginia Department of Corrections |
Virginia |
2019-12-17 |
Denied |
Response WaivedIFP |
collateral-review constitutional-law criminal-procedure due-process mccoy-v-louisiana retroactivity sixth-amendment watershed-rule |
1. Is McCoy v. Louisiana, 138 S.Ct.1500 (2018) a watershed rule of criminal procedure which must be applied retroactively on collateral review? |
| 19-6950 |
Christopher Brian Rogers v. Tammatha Soss, Acting Warden |
Ninth Circuit |
2019-12-17 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure darden-v-wainwright due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel martinez-v-ryan procedural-default prosecutorial-misconduct |
Is federal habeas review barred under Martinez v. Ryan, 566 U.S. 1 (2012) and a claim procedurally defaulted when a petitioner fails to bring an indep… |
| 19-6963 |
Roland A. Prenatt v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2019-12-17 |
Denied |
Relisted (2)IFP |
6th-amendment attorney-accountability civil-rights constitutional-rights criminal-procedure due-process evidence-suppression fourth-amendment mental-health probable-cause search-and-seizure sixth-amendment-speedy-trial,due-process,right-to- speedy-trial |
If the sixth amendment of the us, consfitotion quarantees the accused, the right to a speedy trial, then why does the Judge and Attorney feel they hav… |
| 19-6964 |
David Russell Posey v. Scott Middlebrooks, Warden, et al. |
Eleventh Circuit |
2019-12-17 |
Denied |
Response WaivedIFP |
brady-violation civil-procedure civil-rights constitutional-challenge criminal-procedure due-process evidence-sufficiency ineffective-assistance-of-counsel kidnapping-statute standing trial-rights |
Does "PUBLIC INTEREST" AND "JUSTICE SO REQUIRE" IMPANELING OF A "SPECIAL GRAND JURY", WHEN TRIAL PROSECUTORS COMMIT "MULTIFARIOUS FRAUD" ON THE JURORS… |
| 19-6975 |
Jason Lee Bennett v. United States |
Fifth Circuit |
2019-12-17 |
Denied |
Response WaivedIFP |
18-usc-2251 constitutional-rights criminal-law criminal-procedure due-process fifth-amendment sexually-explicit-conduct statutory-interpretation substantive-due-process |
Whether the District Court denied the Petitioner's constitutional right to a substantive due process under the Fifth Amendment by the lower court's co… |
| 19-6945 |
Kevin Dameron v. Illinois |
Illinois |
2019-12-16 |
Denied |
Response WaivedIFP |
case-law civil-rights criminal-procedure due-process evidence eyewitness-identification judicial-review legal-error neil-v-biggers standing state-court-interpretation state-court-review supreme-court-precedent |
WHETHER THE ILLINOIS STATE COURT ERRED IN ITS APPLICATION OF WELL ESTABLISHED UNITED STATES SUPREME COURT PRECEDENT DECLARED IN NEIL v. BIGGERS, 409 U… |
| 19-6947 |
Reinaldo Rodriguez-Martinez v. United States |
First Circuit |
2019-12-16 |
Denied |
Response WaivedIFP |
appellate-review civil-rights criminal-procedure due-process jackson-v-virginia jury-instructions rico rico-conspiracy-statute rico-enterprise sufficiency-of-evidence united-states-v-turkette |
1. In United States v. Turkette , 452 U.S. 576 (1981) , this Court first held , in a RICO conspiracy case, 18 U SC §1962 (d), that the statute applies… |
| 19-6948 |
Michael Eugene Spry v. United States |
Fourth Circuit |
2019-12-16 |
Denied |
Response WaivedIFP |
18-USC-3553 criminal-procedure double-jeopardy due-process federal-courts federal-jurisdiction federal-sentencing sentencing sentencing-guidelines sentencing-reasonableness supervised-release |
I.
WHETHER
THE
APPELLANT
MICHAEL
EUGENE
SPRY'S
SENTENCE WAS UNREASONABLE AS IT WAS GREATER THAN
NECESSARY AND AS SUCH, FAILS TO COMPLY WITH TITLE 18,
… |
| 19-6953 |
Donovan G. Davis, Jr. v. United States |
Eleventh Circuit |
2019-12-16 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure criminal-proceeding critical-stage direct-appeal new-trial new-trial-motion right-to-counsel sentencing sentencing-guidelines sentencing-procedure |
The Constitution guarantees the assistance and choice of counsel for a critical-stage in a criminal proceeding. Ancient statute guarantees every indiv… |
| 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 |
1. DID THE NEW JERSEY STATE COURT ENDORSE THE USE OF N.J.R.E. 806 AS A VEHICLE FOR IMPEACHING NON-TESTIFYING CRIMINAL DEFENDANTS WITH THEIR PRIOR CONV… |
| 19-772 |
Albert Diaz v. United States |
Fifth Circuit |
2019-12-16 |
Denied |
Response Waived |
criminal-investigation criminal-procedure due-process formal-charges grand-jury pre-indictment prosecutorial-discretion right-to-counsel sixth-amendment target target-designation |
Whether the Fifth Circuit Court of Appeals correctly held that the Sixth Amendment right to counsel does not attach once the United States has focused… |
| 19-6922 |
Charles Edward Bates v. United States |
Sixth Circuit |
2019-12-13 |
Denied |
IFP |
8th-amendment civil-rights constitutional-interpretation criminal-procedure double-jeopardy due-process eighth-amendment excessive-fines excessive-punishment forfeiture sentencing |
1) Did the lower courts err in their interpretation even as Chuck Bates' offense did not result in substantial forfeiture? Courts interpretation Cond … |
| 19-6932 |
Dustin Larmon McDonald v. United States |
Fifth Circuit |
2019-12-13 |
Dismissed |
Response RequestedResponse WaivedIFP |
appellate-review certiorari criminal-procedure district-court due-process fifth-circuit leniency-arguments preservation-of-error procedural-objection reasonableness sentencing-procedure sentencing-reasonableness united-states-v-haymond |
I. Must challenges to the procedural reasonableness of a sentence be preserved by a separate "reasonableness" objection in district court?
II. Whethe… |
| 19-6935 |
Rickie James King v. United States |
Fifth Circuit |
2019-12-13 |
Denied |
Response WaivedIFP |
appellate-review certiorari criminal-procedure district-court due-process fifth-circuit leniency-arguments preservation-of-error procedural-reasonableness reasonableness remand sentencing sentencing-procedure united-states-v-haymond |
I. Must challenges to the procedural reasonableness of a sentence be preserved by a separate "reasonableness" objection in district court?
II. Whethe… |
| 19-6942 |
Savon Germain Carter v. United States |
Tenth Circuit |
2019-12-13 |
Denied |
IFP |
buyer-seller-rule circuit-split criminal-law criminal-procedure drug-conspiracy due-process end-user jury-instruction jury-instructions methamphetamine-distribution |
A federal jury convicted Savon Carter and Christina Eichler of the sole
count charged against them, conspiracy to distribute 500 grams or more of a
mi… |
| 19-6912 |
David Abara v. Jack Palmer, Warden, et al. |
Ninth Circuit |
2019-12-12 |
Denied |
Response WaivedIFP |
appeal competency competency-exam criminal-procedure faretta-canvass irreconcilable-conflict right-to-counsel self-representation sixth-amendment trial-court |
SHOULD THIS COURT ADDRESS, IN QUESTION OF FIRST-IMPRESSION, WHETHER IT VIOLATES THE SIXTH AMENDMENT RIGHT TO COUNSEL FOR A TRIAL COURT TO FORCE A DEFE… |
| 19-6913 |
Neal Benjamin v. Jennifer Saad, Warden |
Fourth Circuit |
2019-12-12 |
Denied |
Response WaivedIFP |
appellate-review booker-error constitutional-procedure criminal-procedure due-process harmless-error judicial-review lower-court-error sentencing sixth-amendment standard-of-review |
1) Does the Petitioner have a Sixth Amendment Booker error?
2) Does the Petitioner have a Harmless Error ground?
3) Did the Lower Court overlook the… |
| 19-6920 |
Courtney Omar Boyd v. United States |
Fourth Circuit |
2019-12-12 |
Denied |
Response WaivedIFP |
abuse-of-discretion constitutional-law constitutional-rights criminal-procedure due-process first-step-act judicial-discretion motion-denial sentencing statutory-interpretation |
I. WHETHER THE LOWER COURT ABUSED ITS DISCRETION AND VIOLATED MR. BOYD'S
CONSTITUTIONAL DUE PROCESS RIGHTS WHEN IT DENIED BOYD'S FIRST STEP ACT MOTION… |
| 19-6921 |
Brian H. Jones, Sr. v. United States |
Ninth Circuit |
2019-12-12 |
Denied |
Response WaivedIFP |
civil-rights constitutional-vagueness criminal-procedure double-jeopardy due-process inherent-power legal-definition prosecution-standards same-transaction sovereignty sovereignty-doctrine tribal-sovereignty vagueness |
1. Is the term "same transaction" unconstitutionally vague?
2. How would two incidents separated by four months constitute the "same transaction"?
3… |
| 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 |
a one on one Confrontation during a preliminary hearng tanted by prior police activity is Sufficient to warrant a Caurt's reliability inquiry.
II. Wh… |
| 19-6926 |
Roger William Campbell, II, aka Roger William Campbell v. United States |
Ninth Circuit |
2019-12-12 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
concurrent-sentences consecutive-sentences criminal-procedure federal-sentencing revocation sentence-revocation sentencing-guidelines supervised-release united-states-sentencing-commission |
Is the "stacking" of multiple consecutive sentences, upon revocation of
multiple concurrent terms of supervised release, consistent with the United St… |
| 19-6927 |
Tony Egbuna Ford v. Texas |
Texas |
2019-12-12 |
Denied |
IFP |
arbitrary-state-action criminal-procedure death-penalty due-process fourteenth-amendment habeas-corpus merits-consideration state-action state-created-right state-created-rights statutory-criteria subsequent-application subsequent-habeas-application |
Whether the Tex as Court of Criminal Appeals' unex plained dismissal of claims raised in
a subsequent application for writ of habeas corpus, where the… |
| 19-6928 |
Lee Dale Lofton, Jr. v. Wendy Kelley, Director, Arkansas Department of Correction |
Eighth Circuit |
2019-12-12 |
Denied |
Response WaivedRelisted (2)IFP |
appeals civil-rights constitutional-violations criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sentencing sentencing-error sixth-amendment standing |
1. By the exception of Martinez V. Ryan (32 S.Ct. 1309 (2012), Petitioner's inability to meet the one year time limitation under CAEDPA in Habeas corp… |
| 19-749 |
William S. Ritter v. John R. Tuttle, Warden, et al. |
Third Circuit |
2019-12-12 |
Denied |
Response Waived |
appellate-procedure constitutional-interpretation criminal-procedure due-process full-faith-and-credit interstate-judicial-recognition new-york pennsylvania res-judicata sealed-documents |
Does the Full Faith and Credit Clause of the United States Constitution (Article IV, Section l) attach to an order of a New York Appellate Court that … |
| 19-742 |
James Bailey-Snyder v. United States |
Third Circuit |
2019-12-11 |
Denied |
Amici (3)Response Waived |
arrest-definition civil-rights criminal-investigation criminal-procedure due-process liberty-restriction prisoner-rights prosecutorial-discretion solitary-confinement speedy-trial wilkinson-v-austin |
Does imposing solitary confinement on a prisoner while police and prosecutors investigate and consider new criminal charges amount to an "arrest" givi… |
| 19-746 |
Oliver Ray Carbutt v. Colorado |
Colorado |
2019-12-11 |
Denied |
Response Waived |
criminal-procedure due-process fourteenth-amendment guilty-plea plea-bargaining presentence-investigation self-incrimination sentencing sex-offense sex-offenses |
I. When a court is in the process of accepting a guilty plea for a sex offense that will require an intrusive presentence investigation including ques… |
| 19-6905 |
John Alan Conroy v. Cliff Harris, Sheriff, Pecos County, Texas, et al. |
Texas |
2019-12-11 |
Denied |
Response WaivedIFP |
appellate-court-consideration-of-evidence appointment-of-counsel brady-v-maryland brady-violation continuing-duty-of-federal-government criminal-procedure discovery discovery-rules dismissal-with-prejudice due-process evidence-withholding federal-rules-of-criminal-procedure in-camera-review michael-morton-act plea-agreement plea-bargaining rule-16-federal-rules-of-criminal-procedure state-law-enforcement state-law-enforcement-compliance |
(1) After a. criminal defendant's plea of guilty, if it is later
found that the government did not live up to the requirements
- of discovery, is the… |
| 19-6906 |
Datanya Damon Alexander v. United States |
Fifth Circuit |
2019-12-11 |
Denied |
IFP |
constitutional-law criminal-procedure due-process fifth-circuit-review indictment jury-determination jury-trial prior-conviction reasonable-doubt sentencing sentencing-enhancement |
Whether this Court should hold the instant petition in light of Shular v. United States, 15-1498, __U.S.__, 139 S.Ct. 2773 (June 28, 2019)?
Whether t… |
| 19-6907 |
Robert Hendricks v. United States |
Second Circuit |
2019-12-11 |
Denied |
Response WaivedIFP |
constitutional-error constitutional-rights criminal-procedure criminal-procedure-error criminal-trial due-process equal-protection evidence evidence-admission harmless-error racial-bias structural-error |
The Court of Appeals agreed that the District Court erred when at petitioner's trial for credit union robbery it permitted over objection one of the c… |
| 19-6909 |
Efrain J. Rosa v. R. L. Rhodes, Warden |
Ninth Circuit |
2019-12-11 |
Denied |
Response WaivedRelisted (2)IFP |
brady-v-maryland brady-violation conviction-reversal criminal-justice criminal-procedure due-process evidence evidence-suppression exculpatory-evidence fifth-amendment government-misconduct prosecutorial-misconduct |
When the Government affirms that all the requisite documents under the rule of Brady v. Maryland, 373 US 83 (1963) will be provided, but then suppress… |
| 19-6915 |
Andrew Lee Thompson, II v. United States |
Fourth Circuit |
2019-12-11 |
Denied |
Response WaivedIFP |
civil-rights constitutional-law criminal-procedure cruel-and-unusual-punishment due-process ex-post-facto plea-agreement plea-bargaining sentencing |
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j^seJ Qrs c,… |
| 19-6896 |
Jeffrey Antonio v. United States |
Tenth Circuit |
2019-12-10 |
Denied |
Response WaivedIFP |
congressional-action criminal-jurisdiction criminal-procedure due-process federal-criminal-jurisdiction federal-jurisdiction jurisdictional-element jury-determination land-claims preliminary-finding pueblo-lands pueblo-lands-act statutory-interpretation sufficiency-of-the-evidence |
I. Whether, when Congress relinquished all federal claims and extinguished all interest of the Pueblo of Sandia in privately held lands within pueblo … |
| 19-6898 |
Demicko Billie Thomas v. Maggie Miller-Stout, Warden, et al. |
Ninth Circuit |
2019-12-10 |
Denied |
Response WaivedIFP |
appellate-jurisdiction burden-of-proof criminal-procedure due-process fourteenth-amendment musacchio-precedent musacchio-v-united-states ninth-circuit reasonable-doubt supreme-court-review washington-state-supreme-court |
WHETHER THE WASHINGTON STATE SUPREME COURT'S
DISAPPROVING OF THIS COURT'S DECISION IN
MUSACCHIO V. UNITED STATES,
136 S.Ct. 709 (2016), IS BINDING ON … |
| 19-6899 |
Jose Luis Meza-Lopez v. United States |
Eighth Circuit |
2019-12-10 |
Denied |
Response WaivedIFP |
concealment constitutional-rights criminal-law criminal-procedure cuellar-v-united-states due-process guilty-plea ineffective-assistance-of-counsel ineffective-counsel money-laundering transportation |
Does the Court's holding in Cuellar v. United States, Require more than a finding of concealing something for transportation to show money laundering;… |
| 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 |
I.
THE COURT OF APPEALS CLEARLY ERRED IN
UPHOLDING THE DISTRICT COURT'S RULING
ADMITTING EVIDENCE AT DEFENDANT'S TRIAL WHICH
VIOLATED BOTH THE HEARSAY… |
| 19-6876 |
Mauricio Aguirre, aka Mauricio Aguirre-Orcutt, aka Peter Holston-Aguirre, aka Peter Holston, aka Miller Aguirre v. United States |
Fifth Circuit |
2019-12-09 |
Denied |
Response WaivedIFP |
apprendi-v-new-jersey criminal-procedure due-process fifth-amendment indictment jury-trial sentencing sentencing-modification sixth-amendment supervised-release |
Whether a federal defendant may suffer additional imprisonment
on the basis of facts that have never been placed in an indictment,
nor proven to a jur… |
| 19-6877 |
Christopher Rudolph Brown v. Florida |
Florida |
2019-12-09 |
Denied |
Response RequestedResponse WaivedRelisted (3)IFP |
appellate-review civil-procedure civil-rights constitutional-error criminal-procedure double-jeopardy due-process ineffective-assistance ineffective-assistance-of-counsel post-conviction-relief res-judicata standing trial-counsel |
Under the Laws and Rules of Res Judicata, ole if an issue was been litigated on and decided by the Court, would the Wish Court be departing from the e… |
| 19-6885 |
Antonio Escobar v. United States |
Fifth Circuit |
2019-12-09 |
Denied |
Response WaivedIFP |
alleyne-v-united-states criminal-law criminal-procedure drug-offenses drug-statute due-process flores-figueroa-v-united-states fourth-amendment mens-rea statutory-interpretation traffic-stop |
1. Whether, in light of Flores-Figueroa v. United States, 556 U.S. 646 (2009),
Rehaif v. United States, 139 S. Ct. 2191 (2019), and Alleyne v. United … |
| 19-6887 |
In Re Brad K. Edmonds |
|
2019-12-09 |
Denied |
Relisted (2)IFP |
4th-amendment 4th-circuit carpenter-v-united-states civil-rights criminal-procedure due-process fourth-amendment gps-tracking probable-cause retroactivity search search-and-seizure suppression warrantless-search |
1. Did the government installation of a GPS device on a vehicle and its use of that device to monitor the car constitute a search?
2. Did trial couns… |
| 19-723 |
Oliver Lee White v. United States |
Fourth Circuit |
2019-12-09 |
Denied |
Relisted (2) |
civil-commitment criminal-procedure due-process fifth-amendment incompetence incompetency liberty-interest sexually-dangerous sexually-violent-conduct |
Whether the Fifth Amendment's Due Process Clause forbids the civil-commitment trial of an incompetent person whose prior conduct is disputed. |
| 19-719 |
Dami Hospitality, LLC v. Colorado Department of Labor and Employment, Division of Workers' Compensation |
Colorado |
2019-12-06 |
Denied |
|
ability-to-pay civil-rights constitutional-law criminal-fines criminal-procedure criminal-sentencing due-process eighth-amendment excessive-fines excessive-fines-clause proportionality sentencing |
How is an offender's ability to pay relevant in determining whether a fine is unconstitutional under Excessive Fines Clause of the Eighth Amendment? |
| 19-720 |
United States v. Riley Briones, Jr. |
Ninth Circuit |
2019-12-06 |
GVR |
Relisted (2) |
constitutional-law criminal-procedure discretionary-sentencing due-process eighth-amendment juvenile-offenders juvenile-sentencing life-imprisonment life-without-parole parole sentencing sentencing-discretion |
Whether Miller v. Alabama, which "h[e]ld that the Eighth Amendment forbids a sentencing scheme that mandates life in prison without possibility of par… |
| 19-6880 |
Gregory Bartunek v. United States |
Eighth Circuit |
2019-12-06 |
Denied |
Response WaivedIFP |
collateral-relief constitutional-rights criminal-procedure due-process exceptional-circumstances habeas-corpus prejudice prejudice-standard speedy-trial |
IS AN AFFIRMATIVE DEMONSTRATION OF PREJUDICE TO THE ACCUSED'S ABILITY TO DEFEND HIMSELF ESSENTIAL TO PROVE THE DENIAL OF HIS RIGHT TO A SPEEDY TRIAL?
… |
| 19-6881 |
April Torres v. United States |
Fifth Circuit |
2019-12-06 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review criminal-procedure district-court due-process judicial-discretion parole probation reasonableness revocation sentencing supervised-release |
I. Did the district court impose a plainly unreasonable revocation sentence upon Ms. Torres? |
| 19-6882 |
Zackary Ikaika Bryton Thompson v. United States |
Fifth Circuit |
2019-12-06 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure deference due-process judicial-discretion sentencing-factors sentencing-review standard-of-review substantive-reasonableness |
Whether substantive reasonableness review necessarily encompasses some degree of reweighing the sentencing factors? |
| 19-6845 |
David Steward v. Pennsylvania |
Pennsylvania |
2019-12-05 |
Denied |
IFP |
collateral-review constitutional-right constitutional-rights criminal-procedure due-process mccoy-v-louisiana retroactivity sixth-amendment substantive-decision supreme-court-precedent |
Whether the newly established constitutional right announced in McCoy v. Louisiana, 138 S.Ct. 1500(2018), created a substantive decision, that applies… |
| 19-6846 |
James W. Riley v. Dana Metzger, Warden, et al. |
Third Circuit |
2019-12-05 |
Denied |
Response WaivedRelisted (2)IFP |
appeal-as-of-right constitutional-interpretation criminal-procedure due-process effective-assistance-of-counsel habeas-corpus judicial-review legal-precedent right-to-counsel sixth-amendment standing state-court statutory-analysis third-circuit-court |
Where the tril judge failed to revew evidence of trial
coursel's gross misconduct of Fraud identical to the
issues addressed in this Court's decision … |
| 19-6856 |
James W. Riley v. Delaware |
Delaware |
2019-12-05 |
Denied |
Response WaivedRelisted (2)IFP |
capital-punishment conflict-of-interest constitutional-rights criminal-procedure due-process evidentiary-considerations fair-trial ineffective-assistance-of-counsel judicial-misconduct judicial-review right-to-counsel right-to-fair-trial sentencing sentencing-discretion |
Should this court extend Its Hurst v. Florida ruling to the pre-trial and trial stages of capital murder case where it is shown that the Judge's sente… |
| 19-6861 |
Tony L. Henderson v. Arkansas |
Arkansas |
2019-12-05 |
Denied |
Response WaivedIFP |
14th-amendment 6th-amendment constitutional-amendment criminal-procedure criminal-trial due-process equal-protection jury-selection race-conscious venire |
Does a discretionary, race-conscious selection process for the venire called in a particular criminal trial violate the 6th and 148 Amendments to the … |
| 19-6864 |
Cedis R. Martin v. United States |
Sixth Circuit |
2019-12-05 |
Denied |
Response WaivedIFP |
categorical-approach categorical-review crime-of-violence criminal-procedure due-process offense-of-violence sentencing-guidelines sentencing-predicate state-court-conviction statutory-interpretation u.s.s.g.-§4a1.1(e) vagueness vagueness-analysis vagueness-doctrine |
Does a state court conviction qualify as an "offense of violence" for the purpose of the sentencing predicate pursuant to U.S.S.G.§4A1.1(e), if the st… |
| 19-6869 |
Michael Anthony Jefferson v. David Shinn, Director, Arizona Department of Corrections, et al. |
Ninth Circuit |
2019-12-05 |
Denied |
Relisted (2)IFP |
barker-v-wingo blackledge-v-perry civil-rights constitutional-rights criminal-procedure due-process motion-to-suppress prosecutorial-misconduct prosecutorial-vindictiveness speedy-trial vindictiveness |
A. Do prosecutors create the appearance and presumption of vindictiveness requiring dismissal of a case and violate the rule in Blackledge v. Perry wh… |
| 19-714 |
Pennsylvania v.William R. Landis, Jr. |
Pennsylvania |
2019-12-05 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
blueford-v-arkansas criminal-procedure diminished-capacity double-jeopardy double-jeopardy-clause lesser-included-offense mens-rea murder murder-charges poland-v-arizona precedent retrial |
Did the Superior Court of Pennsylvania err in finding that the reinstatement of Murder in the Third Degree upon the award of a new trial violated the … |
| 19-6823 |
Michael Dean Gonzales v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-12-04 |
Denied |
Relisted (2)IFP |
brain-dysfunction certificate-of-appealability competency-to-stand-trial criminal-procedure drope-v-missouri due-process habeas-corpus mental-competency mental-illness pate-v-robinson procedural-bar state-waiver |
Petitioner was sentenced to death at a trial at which he did not cooperate with counsel in preparing his defense, repeatedly disrupted proceedings, to… |
| 19-6825 |
Jorge Guerrero v. United States |
Ninth Circuit |
2019-12-04 |
Denied |
IFP |
appellate-review criminal-procedure federal-rules federal-rules-of-criminal-procedure good-cause plain-error pretrial-motions rule-12 rule-52 suppression-motion |
Federal Rule of Criminal Procedure 12(c)(3) provides that certain pretrial motions are "untimely" if not raised by the deadline set by the district co… |
| 19-6834 |
Lee Hope v. United States |
Sixth Circuit |
2019-12-04 |
Denied |
Response WaivedIFP |
18-usc-922g3 constitutional-vagueness controlled-substance criminal-procedure criminal-procedure-due-process-rehaif-v-united-sta due-process federal-statute judgment-of-acquittal rehaif-v-united-states unlawful-user vagueness |
1.) Whether the Circuit Court of Appeals erred in holding that defendant's
motion for judgment of acquittal was properly denied by the District Court
… |
| 19-6836 |
Therian Wimbush v. Willie Sue Mickens, Warden |
Georgia |
2019-12-04 |
Dismissed |
Response WaivedRelisted (2)IFP |
appeal civil-rights court-appeal-procedure criminal-procedure due-process habeas-corpus judicial-review jurisdiction jurisdictional-challenge speedy-trial standing |
Question not identified. |
| 19-6837 |
Anzara Brown v. Dana Metzger, Warden, et al. |
Third Circuit |
2019-12-04 |
Denied |
Response WaivedIFP |
brady-v-maryland chain-of-custody civil-rights confidential-informant constitutional-rights criminal-procedure due-process evidence-disclosure exculpatory-evidence forensic-evidence medical-examiners witness-testimony |
I.
WHETHER THE STATE OF DELAWARE
CAN WITHOLD EXCUIPATORY EVIDENCE
RELATING TO THE STATES OFFICE
OF MEDICAL EXATMINERS OFFICIALS
i
STEALING DRUG EVIDEN… |
| 19-6841 |
Adam Scott v. United States |
Third Circuit |
2019-12-04 |
Denied |
Response WaivedIFP |
criminal-procedure delayed-sealing evidence-suppression exclusionary-rule fourth-amendment sealing statutory-compliance suppression surveillance-law title-iii title-iii-intercept unforeseen-emergency wiretap wiretap-procedure wiretap-suppression |
1. Should a wiretap that was not sealed until 30days after inter
ception ended, and 21days after the order expired, be suppressed
where that delay w… |
| 19-6848 |
Robert Matthew Wittal v. Montana |
Montana |
2019-12-04 |
Denied |
Response WaivedIFP |
co-defendant-testimony credibility criminal-procedure criminal-trial ineffective-assistance ineffective-assistance-of-counsel jury-instruction jury-instructions legal-objection sixth-amendment witness-credibility |
The states key witnesses at a homicide trial were three charged
co-defendants. Petitioner's defense rested upon undermining
the credibility of the c… |
| 19-6854 |
In Re Alexander Palomarez |
|
2019-12-04 |
Denied |
Response WaivedIFP |
access-to-courts civil-procedure civil-rights coercive-interrogation constitutional-rights criminal-procedure due-process fourth-amendment habeas-corpus miranda-rights prisoner-rights standing state-court-review suppression-of-evidence |
1. Can the "Prison Mailbox Rule" announced in Houston v. Lack, 487 U.S. 266, 101 L. Ed. 2d 245, 108 S.Ct. 2379 (1988), be applied to this case to excu… |
| 19-6858 |
David Lamont Liddell v. United States |
Fifth Circuit |
2019-12-04 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
aggravated-assault armed-career-criminal-act armed-robbery constitutional-law criminal-procedure johnson-precedent johnson-v-united-states mississippi-state-law prior-conviction resentencing section-2255 sentencing statutory-interpretation violent-felony |
Whether, under the law established by this Court in Johnson v. United States, 135 S.Ct. 2551 (2015), Mr. Liddell should be resentenced without applyin… |
| 19-6859 |
Michael A. Green v. United States |
Eighth Circuit |
2019-12-04 |
Denied |
Response WaivedIFP |
4th-amendment abandoned-vehicle community-caretaking criminal-procedure fourth-amendment inventory-search investigatory-motive law-enforcement-motive pretext search-and-seizure tow-policy vehicle-impoundment vehicle-search |
This case involves the impoundment and inventory search of a disabled vehicle by a law enforcement officer with an explicitly stated investigatory mot… |
| 19-6797 |
Hal Mark Kreitman v. United States |
Eleventh Circuit |
2019-12-03 |
Denied |
Response WaivedIFP |
business-expenses business-services criminal-activity criminal-liability criminal-offense criminal-procedure employee-liability employee-services employment federal-jurisdiction legal-culpability money-laundering payment-structure |
Does an employee's facilitation of a criminal offense, by providing services to a business engaged in criminal activity, make the employee guilty not … |
| 19-6798 |
Corey Eugene Gill v. United States |
Ninth Circuit |
2019-12-03 |
Denied |
Response WaivedIFP |
career-offender criminal-procedure habeas-corpus mathis-v-united-states retroactivity sentencing statutory-interpretation |
Question not identified. |
| 19-6799 |
Aamir A. Hafiz-Thompson v. United States |
Eighth Circuit |
2019-12-03 |
Denied |
Response WaivedIFP |
acca appeal certificate-of-appealability constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel precedent sentencing supreme-court-precedent |
1. Nationally, where counsel admittingly is inaccurate, misinforms and fails, to. make specific inquiry regarding Petitioner's prior predicates (ACCA)… |
| 19-6801 |
Marcos Palomar v. Raymond Madden, Warden |
Ninth Circuit |
2019-12-03 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure custodial-interrogation due-process fifth-amendment miranda-rights police-advisement police-interrogation right-to-counsel sixth-amendment |
Whether a Miranda v. Arizona 384 U.S. 436 (1966), rights advisal is invalid if police indicate the right to appointed counsel prior to questioning is … |
| 19-6802 |
Gary Jackson v. Mark S. Inch, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2019-12-03 |
Denied |
Response WaivedIFP |
appeal civil-rights constitutional-rights criminal-procedure due-process identification identification-process judicial-circuit jurisdiction precedent sentencing standing supreme-court supreme-court-precedent |
1) Did the State of Florida within the Seventeenth Judicial Circuit Court in and Broward County, Florida and the Fourth District Court of Appeal as we… |
| 19-6805 |
Hajes Rabaia v. Gubir Grewal, Attorney General of New Jersey, et al. |
Third Circuit |
2019-12-03 |
Denied |
IFP |
brady-disclosure brady-v-maryland constitutional-amendments criminal-procedure due-process evidence fourteenth-amendment judicial-review sixth-amendment supreme-court-precedent |
Under the fifth, sixth, and fourteenth amendment, Does the holding of Brady v. Maryland apply to the petitioner?
1.
2. Were the decisions rendered b… |
| 19-6806 |
Anthony J. Stokes v. Florida |
Florida |
2019-12-03 |
Denied |
Response WaivedIFP |
appeal civil-rights constitutional-review criminal-procedure criminal-prosecution double-jeopardy due-process felony jurisdictional-conflict military-law predicate-felony sentencing sentencing-guidelines statutory-interpretation trial-modification |
I.
WHETHER A CONVICTION ON A CHARGE CONTAINING AN ESSENTIAL ELEMENT NOT CHARGED IN THE INFORMATION IS A "DUE PROCESS" VIOLATION.
II.
WHETHER THE DOUB… |
| 19-6809 |
Jason Michael Strubberg v. United States |
Eighth Circuit |
2019-12-03 |
Denied |
Response WaivedIFP |
6th-amendment criminal-procedure due-process entrapment jury-instructions sentencing sixth-amendment undercover-operations |
1. Whether the Sixth Amendment and Due Process Clause allow a court to instruct the jury, over objection, that "Undercover agents may properly make us… |
| 19-6814 |
Issac Efren Jimenez v. California |
California |
2019-12-03 |
Denied |
IFP |
attorney-client-privilege attorney-ethics attorney-representation conflict-of-interest criminal-law criminal-procedure ethics former-client legal-ethics leniency prosecutorial-discretion witness-testimony |
Whether an attorney in a criminal case may subsequently represent a
client who seeks leniency in exchange for testimony in a pending case against
that… |
| 19-6818 |
John D. Ward v. United States |
Tenth Circuit |
2019-12-03 |
Denied |
IFP |
criminal-law criminal-procedure due-process johnson-rule johnson-v-united-states residual-clause retroactivity sentencing sentencing-guidelines statutory-interpretation vagueness void-for-vagueness |
Johnson v. United States, 135 S.Ct. 2551 (2015), applies to the identical residual clause in the mandatory guidelines, USSG § 4B1.2(a)(2)?
II. Whethe… |
| 19-6819 |
Frankie Ovies v. United States |
Ninth Circuit |
2019-12-03 |
Denied |
Response WaivedIFP |
cell-phone-evidence cell-phones circuit-split criminal-procedure digital-evidence digital-forensics expert-testimony federal-rules-of-evidence forensic-technology lay-testimony |
1. Whether using Cellebrite technology to download forensic digital evidence from a cell phone requires specialized or technical knowledge so that the… |
| 19-6820 |
Rafael Leoner-Aguirre v. United States |
First Circuit |
2019-12-03 |
Denied |
Response WaivedIFP |
circuit-court civil-procedure criminal-law criminal-procedure federal-jurisdiction first-circuit jury-instructions predicate-acts racketeering rico rico-conspiracy salinas-v-united-states statutory-interpretation statutory-provisions supreme-court united-states-code |
In Salinas v. United States, 522 U.S. 52 (1997), this Court held that the RICO conspiracy does not require proof that a defendant himself committed or… |
| 19-6831 |
In Re Fredrick Wroten |
|
2019-12-03 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure due-process fair-trial first-amendment judicial-obligation petition petition-for-redress redress unilateral-contract |
When the State and Federal appellate courts ignore and/ or refuse to respond to a denial of a fair trial claim/ does it violate and/ or abridge the Ap… |
| 19-6795 |
Abraham Conde-Herrera v. United States |
Fifth Circuit |
2019-12-02 |
Denied |
IFP |
burden-of-proof criminal-procedure defendant-rights indictment jury-determination jury-trial prior-conviction sentencing statutory-maximum |
I. Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and ei… |
| 19-6796 |
Valentin Castanon-Renteria v. United States |
Fifth Circuit |
2019-12-02 |
Denied |
IFP |
burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum |
Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 19-6741 |
Jose Joaquin Ramirez v. Jeffrey C. Bloom, et al. |
Second Circuit |
2019-11-27 |
Denied |
IFP |
civil-procedure civil-rights constitutional-rights criminal-procedure due-process federal-jurisdiction incompetence incompetency incompetency-determination judicial-discretion mental-health section-1983 standing state-action title-42-usc-1983 |
1 - Is a Governmental Paid - Governmental Mandated Lawyer that is forced upon an individual against will without consent acting as a Governmental Agen… |
| 19-6773 |
Edgar Ortega-Limones v. United States |
Fifth Circuit |
2019-11-27 |
Denied |
IFP |
burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum |
I. Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and ei… |
| 19-6774 |
Albert Allen, Jr. v. United States |
Eighth Circuit |
2019-11-27 |
Denied |
Response WaivedIFP |
certificate-of-appealability criminal-procedure criminal-procedure-appeal due-process fair-sentencing-act ineffective-assistance-of-counsel mandatory-minimum mens-rea prosecutorial-misconduct sentencing sentencing-guidelines |
Whether the Court of Appeals Erred in Denying Petitioner's Application for a Certificate of Appealability to Appeal the District Court's Denial of His… |
| 19-6776 |
William Dawson v. Bryan K. Wells |
Fourth Circuit |
2019-11-27 |
Denied |
Response WaivedRelisted (2)IFP |
civil-rights constitutional-provisions criminal-procedure due-process excessive-force good-faith habeas-corpus jurisdiction police-misconduct qualified-immunity sentencing voluntary-manslaughter writ |
IF XKWESTX&AT OF^ XMTEMTXQMRLLV X MV ES TX & ft TBS, LO^AUUhl
T/\1HERE. FLElEiM& VX&TXAA XLQLLAPAt/SSS ft klh &ZB£ AS dRSMBL
SEEM EL - XAlST EA b QF… |
| 19-6778 |
Michael Daemon Blackburn v. United States |
Tenth Circuit |
2019-11-27 |
Denied |
Response WaivedIFP |
constitutional-law constitutional-waiver criminal-procedure custodial-interrogation due-process fifth-amendment interrogation-rights miranda-rights self-incrimination waiver |
Is a written-only advisement of Miranda rights - without time or silence to read it - a sufficient advisal allowing a knowing, intelligent and volunta… |
| 19-6786 |
Carol Johnene Morris v. United States |
Fifth Circuit |
2019-11-27 |
Dismissed |
Response WaivedRelisted (2)IFP |
civil-rights constitutional-rights criminal-procedure due-process government-action habeas-corpus ineffective-assistance-of-counsel judicial-review property sentencing standing takings |
Whether the Western District of Texas' District Courts lawfully uses Carol Johnene Morris, C# 57931, 1988 for conviction to try granted home confineme… |
| 19-6788 |
Eber Roblero v. Florida |
Florida |
2019-11-27 |
Denied |
Response WaivedIFP |
civil-procedure civil-rights criminal-procedure due-process extradition jurisdiction standing takings |
Question not identified. |
| 19-6739 |
Marshon Simon v. United States |
Seventh Circuit |
2019-11-26 |
Denied |
Response WaivedIFP |
armed-career-criminal-act armed-career-criminal-act,violent-felony,elements- attempted-offense canine-search criminal-procedure Does an attempted offense meet the requirements of florida-v-harris fourth-amendment fourth-amendment-protections fourth-amendment,narcotics-detection,canine-search narcotics-detection residual-odor |
1. Does Florida v. Harris stand for the proposition that narcotics sniffing canines may be trained to alert to residual odor, i.e. the absence of narc… |
| 19-6755 |
Frederick Garcia-Cruz v. United States |
Ninth Circuit |
2019-11-26 |
Denied |
IFP |
certificate-of-appealability criminal-procedure debatable-among-jurists-of-reason due-process habeas-corpus jurists-of-reason mandatory-sentencing ninth-circuit residual-clause sentencing-guidelines vagueness void-for-vagueness |
1. Whether the Ninth Circuit misapplied this Court's "debatable among jurists of reason" standard for a certificate of appealability.
2. Whether the … |
| 19-6759 |
James A. Lackey v. United States |
Ninth Circuit |
2019-11-26 |
Denied |
IFP |
appellate-procedure certificate-of-appealability criminal-procedure due-process habeas-corpus judicial-deference jurists-of-reason mandatory-sentencing-guidelines ninth-circuit residual-clause sentencing sentencing-guidelines standard-of-review vagueness void-for-vagueness |
1. Whether the Ninth Circuit misapplied this Court's "debatable among jurists of reason" standard for a certificate of appealability.
2. Whether the … |
| 19-6760 |
Ijaz Khan v. United States |
Fourth Circuit |
2019-11-26 |
Denied |
Response WaivedIFP |
administrative-procedure-act constructive-amendment criminal-procedure double-jeopardy federal-rules-of-civil-procedure fifth-amendment indictment indictment-modification polygamy polygamy-charge |
THE INDICTMENT, AND WHETHER THIS CONSTITUTES A DOUBLE JEOPARDY VIOLATION N AS THE GOVERNMENT CAN LATER BRING A NEW CHARGE FOR POLYGAMY. |
| 19-6763 |
Anthony D. White v. Florida |
Florida |
2019-11-26 |
Denied |
IFP |
access-to-courts civil-rights constitutional-rights court-procedure criminal-procedure due-process hearsay judicial-misconduct judicial-obstruction open-courts pro-se-litigation prosecutorial-misconduct standing state-officials |
1) It is constitutionally lawful to deny a pro se, obstructed by: State Officials, within the judicial structure and a party to the courts, such as De… |
| 19-6767 |
Douglas D. True v. Wendy Kelley, Director, Arkansas Department of Correction |
Eighth Circuit |
2019-11-26 |
Denied |
Response WaivedRelisted (2)IFP |
certificate-of-appealability civil-rights criminal-procedure due-process eighth-circuit habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jurisdiction plea-bargaining plea-voluntariness standard-of-review |
1) Was the Eighth Circuit's summary denial of Mr. True's application for a certificate of appealability based upon an adjudication of the underlying m… |
| 19-6769 |
Steven Hicks v. United States |
Ninth Circuit |
2019-11-26 |
Denied |
IFP |
certificate-of-appealability criminal-procedure debatable-among-jurists-of-reason johnson-v-united-states jurists-of-reason mandatory-guidelines mandatory-sentencing ninth-circuit sentencing-guidelines u.s.s.g.-4b1.2(a)(2) vagueness void-for-vagueness |
Whether the Ninth Circuit misapplied this Court's "debatable among jurists of reason" standard for a certificate of appealability.
Whether the residu… |
| 19-678 |
United States, ex rel. Laurence Schneider v. JPMorgan Chase Bank, National Association, et al. |
District of Columbia |
2019-11-26 |
Denied |
|
administrative-law appeal circuit-split civil-procedure criminal-procedure due-process false-claims-act false-claims-act-fca-qui-tam-government-deference- government-dismissal habeas-corpus Ineffective-assistance-of-counsel judicial-deference qui-tam sentencing standard-of-review statutory-interpretation |
Whether the Government is entitled to absolute deference regarding its decision to dismiss an FCA action under section 3730(c)(2)(A), or whether the q… |
| 19-6742 |
Jorge Prieto v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Florida |
2019-11-25 |
Denied |
IFP |
criminal-procedure double-jeopardy due-process finality judicial-discretion jurisdiction sentencing subject-matter-jurisdiction trial-court |
1. Did the state trial court have jurisdiction to vacate petitioner's (20) Twenty year sentence, and then re-impose a sentence of life imprisonment, s… |
| 19-6743 |
Kenneth Dewayne Nelson v. Texas |
Texas |
2019-11-25 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process jury-selection plea-change right-to-jury right-to-trial sixth-amendment texas-code-of-criminal-procedure texas-constitution trial-by-jury venire-panel |
ISSUE 1: THE VENIRE PANEL WAS INFORMED THAT MELLON HAD PLEAD GUILTY TO ALL FIVE CHARGES. WHEN NELSON CHANGED THOSE PLEAS BEFORE THE TRIAL ON THE MERIT… |
| 19-6747 |
Josue Emmanuel Martinez v. United States |
Fifth Circuit |
2019-11-25 |
Denied |
IFP |
allocution allocution-error appellate-review criminal-law criminal-procedure criminal-procedure-appeal due-process harmless-error judicial-review plain-error plain-error-review procedural-default sentencing |
1. Whether allocution error is subject to plain error review in the absence of objection? |
| 19-665 |
John Doe v. United States |
Fifth Circuit |
2019-11-25 |
Denied |
Response WaivedRelisted (2) |
18-usc-3553 18-usc-3553a criminal-procedure district-court district-court-discretion federal-rules-of-criminal-procedure rule-35 rule-35b sentence-reduction sentencing sentencing-factors substantial-assistance |
1. May a district court deny a government's Federal Rule of Criminal Procedure 35(b) motion for reduction of sentence based on substantial assistance … |
| 19-664 |
Eugene H. Williams, Jr. v. United States |
Fifth Circuit |
2019-11-22 |
Denied |
Response Waived |
28-usc-2255 actual-innocence coram-nobis criminal-conviction criminal-procedure destructive-devices firearms firearms-violations ineffective-assistance ineffective-assistance-of-counsel mens-rea statutory-interpretation writ-of-coram-nobis |
1. Whether Petitioner is innocent of the charges resulting from a complete miscarriage of justice based upon the facts herein and is therefore qualifi… |
| 19-6717 |
Jess Lee Green v. Mississippi |
Mississippi |
2019-11-22 |
Denied |
Response WaivedIFP |
constitutional-right constitutional-rights criminal-procedure due-process fundamental-rights guilty-plea plea-bargaining plea-proceedings trial trial-procedure trial-rights |
I. Is the right to due process at trial and/or during guilty plea process a fundamental constitutional right ? |
| 19-6718 |
James Douglas Pridgen v. United States |
Ninth Circuit |
2019-11-22 |
Denied |
Response WaivedIFP |
bank-robbery carjacking certificate-of-appealability crime-of-violence crimes-of-violence criminal-procedure due-process johnson-ruling johnson-v-united-states ninth-circuit section-924(c) section-924c unanimous-jury |
1. Whether the Ninth Circuit wrongly denied the request for a certificate of appealability where the Section 924(c) conviction was charged as to two d… |
| 19-6719 |
Mauro Castaneda Palacio v. United States |
Fifth Circuit |
2019-11-22 |
Denied |
Response WaivedIFP |
8th-amendment civil-rights criminal-procedure due-process federal-jurisdiction federal-supervised-release sentencing standing supervised-release vagueness |
whether the U.S. Fifth Circuit supports the conflicting
whether the U.S. Fifth Circuit supports some unconstitutional and vague special conditions un… |
| 19-6720 |
James Dwayne Myers v. United States |
Eighth Circuit |
2019-11-22 |
Denied |
IFP |
criminal-law criminal-procedure divisibility divisibility-analysis eighth-circuit jury-unanimity mathis-standard mathis-v-united-states sentencing-enhancement state-law statutory-interpretation |
May a court properly apply the divisibility analysis prescribed in Mathis v. United States, 136 S. Ct. 2243 (2016), without considering the question o… |
| 19-6725 |
Richard A. Wellbeloved-Stone v. United States |
Fourth Circuit |
2019-11-22 |
Denied |
Response WaivedIFP |
19-usc-1509 agency-authority agency-procedure civil-procedure criminal-procedure criminal-proceeding customs-summons exclusionary-rule federal-law federal-policy ice non-customs-information |
Whether information having nothing to do with customs, obtained by an agency pursuant to a customs summons under 19 U.S.C. § 1509, should be suppresse… |
| 19-6726 |
In Re Billie Byrd |
|
2019-11-22 |
Denied |
IFP |
aedpa-filing-limitations aedpa-limitations constitutional-law criminal-procedure federal-indian-law habeas-corpus indian-treaties subject-matter-jurisdiction supremacy-clause treaties-with-indians treaty-supremacy-clause |
(1) Whether the filing limitations AEDPA apply to claims that state courts lacked of subject matter jurisdiction in criminal cases due to provisions i… |
| 19-6727 |
Tyrone Marvin Andrews v. Noah Nagy, Warden |
Sixth Circuit |
2019-11-22 |
Denied |
Response WaivedIFP |
alibi-defense civil-rights constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel mandatory-minimum-sentence plea-bargaining sentencing sixth-amendment sixth-circuit-review strickland-v-washington trial-counsel |
DID THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT SANCTION DECISIONS OF THE MICHIGAN COURT OF APPEALS AND FEDERAL DISTRICT COURT THAT CONFL… |
| 19-6729 |
Cedric Gray v. United States |
Eleventh Circuit |
2019-11-22 |
Denied |
Response WaivedIFP |
5th-amendment civil-rights criminal-procedure due-process evidence-suppression ineffective-assistance-of-counsel judicial-discretion legal-standard mental-competency miranda-rights procedural-error sentencing suppression-hearing trial-rights |
1. Did the District Court violate my Fifth Amendment rights to remain silent?
2. Could the District Court use my 19% year old priors as proof of show… |
| 19-6730 |
Cameron A. Harinarain v. Kevin Kauffman, Superintendent, State Correctional Institution at Huntingdon, et al. |
Third Circuit |
2019-11-22 |
Denied |
IFP |
administrative-law appeals civil-procedure civil-rights criminal-procedure due-process equal-protection habeas-corpus standing |
Question not identified. |
| 19-6731 |
Travell Henry v. Patrick Warren, Warden |
Sixth Circuit |
2019-11-22 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-defense criminal-procedure due-process evidence ineffective-assistance ineffective-assistance-of-counsel investigation right-to-counsel self-incrimination sixth-amendment trial-strategy witness witness-testimony |
I. WAS MR. HENRY 'S TRIAL COUNSEL, PATRICK NYENHUS, FAILED TO PROVIDE CONSTITUTIONALLY EFFECTIVE ASSISTANCE OF COUNSEL?
A). Counsel was ineffective w… |
| 19-6737 |
Leonard L. Little, Jr. v. Florida |
Florida |
2019-11-22 |
Denied |
Response WaivedIFP |
4th-amendment appellate-review carpenter-v-united-states constitutional-interpretation criminal-procedure due-process evidence federal-law fourth-amendment-search-and-seizure jurisdiction legal-standards privacy search-and-seizure sixth-amendment-confrontation-clause standing supreme-court-precedent |
I. Petitioner asks did the Second District Court of Appeal apply federal law issued by the
United States Supreme Court in a way that frustrates and u… |
| 19-6709 |
Adam L. Acosta v. Colorado |
Colorado |
2019-11-21 |
Denied |
Response WaivedIFP |
constitutional-provisions criminal-procedure criminal-procedure-rule-35 disclosure ineffective-assistance-of-counsel motion-for-new-trial new-trial prosecution rule-16 rule-16-disclosure rule-33 rule-33-motion-for-new-trial rule-35 |
Whether the Court of Appeals misconstrued Rule 35(c)(3)(VII), Colorado Rules of Criminal Procedure, in declining to consider a claim of ineffective as… |
| 19-6712 |
Adam Scott Caward v. United States |
Ninth Circuit |
2019-11-21 |
Denied |
Response WaivedIFP |
appellate-procedure appellate-waiver circuit-split civil-procedure criminal-procedure due-process judicial-discretion legal-interpretation miscarriage-of-justice sentencing standing |
Whether the Court should adopt the rule espoused in the First, Third, Fourth, Tenth, and D.C. Circuits, which hold that an appellate court can decline… |
| 19-6638 |
Yannier Arias v. United States |
Eleventh Circuit |
2019-11-21 |
Denied |
Response WaivedIFP |
acceptance-of-responsibility criminal-procedure due-process evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining sentencing sentencing-enhancement trial-counsel |
1. Whether conflicting affidavits require an evidentiary hearing for ineffective assistance of counsel.
2. Counsel was ineffective for not objecting … |
| 19-6659 |
In Re Arturo Rodriguez Ornalez |
|
2019-11-20 |
Denied |
Response WaivedIFP |
constitutional-violations criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel plea-bargaining plea-negotiations rule-11 sentencing structural-error |
WHETHER CONSTITUTION AND STATUTORY PROVISIONS AND RULE 11 VIOLATIONS MAY HAVE RENDERED ARTURO RODRIGUEZ ORNALEZ'S SENTENCE AND CONVICTION CONSTITUTION… |
| 19-6693 |
Chris Rayvon Starks v. United States |
Sixth Circuit |
2019-11-20 |
Denied |
IFP |
armed-career-criminal-act criminal-procedure judge-finding jury jury-decision jury-determination predicate-offense predicate-offenses prior-convictions sentencing sentencing-enhancement sixth-amendment statutory-penalty |
The fact that the defendant committed three predicate offenses "on occasions different from one another" an element of the ACCA for the jury to decide… |
| 19-6696 |
Barbara Myers-McNeil v. North Carolina |
North Carolina |
2019-11-20 |
Denied |
Response RequestedResponse WaivedRelisted (3)IFP |
appellate-procedure civil-rights criminal-procedure due-process equal-protection indigent-defense language-access right-to-counsel transcript |
Question not identified. |
| 19-6699 |
Andrew McWhorter v. Indiana |
Indiana |
2019-11-20 |
Denied |
Response WaivedIFP |
acquittal amended-charges charging-information criminal-procedure deadly-weapon double-jeopardy due-process fifth-amendment jury |
Whether the Double Jeopardy Clause of the Fifth Amendment barred the State of Indiana from "retrying" Petitioner for the
1) knowing
2) killing
3) of A… |
| 19-6703 |
Shondor Janell Arceneaux v. United States |
Ninth Circuit |
2019-11-20 |
Denied |
Response WaivedIFP |
2113(a) 924(c) aiding-abetting aiding-and-abetting bank-robbery civil-rights criminal-procedure due-process federal-jurisdiction firearm-offense generic-crime-definition generic-definition remand sentencing sentencing-enhancement statutory-interpretation |
I.
If §924(c) applies to predicate crimes, 1 whose Elements are
no Broader than a Federal Generic Definition of that crime , is...
remand required i… |
| 19-6682 |
Zhaopeng Chen v. United States |
Ninth Circuit |
2019-11-19 |
Denied |
Response WaivedIFP |
circumstantial-evidence criminal-law criminal-procedure deliberate-ignorance due-process evidence farmer-v-brennan jury-instructions knowledge-element legal-standard mens-rea |
Whether the rule of Farmer v. Brennan, 511 U.S. 825 (1994), should be extended to criminal cases, in which the defendant's knowledge of a certain fact… |
| 19-6684 |
Rakeem Asaad Davis v. United States |
Eleventh Circuit |
2019-11-19 |
GVR |
IFP |
18-usc-922g 6th-amendment 6th-amendment-right-to-jury-trial charged-theories-of-prosecution criminal-procedure criminal-prosecution double-jeopardy due-process felon-in-possession jury-unanimity knowledge-element rehaif-v-united-states richardson-standard richardson-v-united-states sixth-amendment unanimous-jury-verdict uncharged-theories-of-prosecution |
Petitioner was charged with possession of a firearm and ammunition by a convicted felon, in violation of 18 U.S.C. § 922(g). The indictment charged po… |
| 19-645 |
Arizona v. Hector Sebastion Nunez-Diaz |
Arizona |
2019-11-19 |
Denied |
Amici (1) |
criminal-procedure deportation immigration immigration-law lee-v-united-states legal-prejudice padilla-claim padilla-v-kentucky prejudice strickland-standard strickland-v-washington unauthorized-alien |
1. Whether Respondent is categorically barred from establishing Strickland prejudice for a Padilla/Lee claim because, as an unauthorized alien, he is … |
| 19-6674 |
Margarita Mora v. United States |
Fifth Circuit |
2019-11-19 |
Denied |
Response WaivedIFP |
appellate-review circuit-court-conflict circuit-split criminal-procedure discretionary-review due-process federal-rules-criminal-procedure federal-rules-of-criminal-procedure rule-11 supervisory-powers |
Whether the decision of the United States Court of Appeals for the Fifth Circuit ("Fifth Cireuit")-which held Rule 11 of the Federal Rules of Criminal… |
| 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 |
I. Whether failing to call the law enforcement agent responsible for generating a computer report in the Government's case-in-chief implicates the Six… |
| 19-6679 |
Horatio Johnson v. Louisiana |
Louisiana |
2019-11-19 |
GVR |
Response RequestedResponse WaivedRelisted (3)IFP |
criminal-procedure due-process fourteenth-amendment jury-trial nonunanimous-verdict sixth-amendment state-court state-criminal-procedure |
Does the right to a jury trial guaranteed by the Sixth Amendment, as applied to the States through the Fourteenth Amendment, allow a state-court crimi… |
| 19-6655 |
Terrence Leonard Mathis v. United States |
Eleventh Circuit |
2019-11-18 |
Denied |
IFP |
certiorari criminal-procedure criminal-procedure-rights detention due-process fifth-amendment habeas-corpus interrogation rehaif-standard rehaif-v-united-states remand right-to-counsel |
1. Whether the Court should grant certiorari, vacate the judgment below, and remand for reconsideration in light of Rehaif v. United States, 189 S. Ct… |
| 19-6656 |
Fernando Quintela-Galindo v. United States |
Fifth Circuit |
2019-11-18 |
Denied |
Response WaivedIFP |
appellate-review chapter-7-policy chapter-7-policy-statements criminal-procedure due-process presumption-of-reasonableness revocation-sentence sentencing-guidelines |
Whether a presumption of reasonableness should be applied to a revocation sentence produced by Chapter 7 policy statements. |
| 19-6662 |
Shane E. Jones v. United States |
Eighth Circuit |
2019-11-18 |
Denied |
IFP |
armed-career-criminal-act criminal-procedure judicial-determination jury-trial sentencing sentencing-enhancement sixth-amendment sixth-amendment-right statutory-interpretation |
Does the judicial determination of crimes committed on occasions different from one another" at sentencing under the Armed Career Criminal Act, 18 U.S… |
| 19-6665 |
Wesley Harlan Kingsbury v. United States |
Ninth Circuit |
2019-11-18 |
Denied |
Response WaivedIFP |
criminal-procedure due-process evidentiary-hearing guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargaining plea-coercion section-2255 voluntariness |
The petitioner entered a guilty plea to health care fraud after his jury trial on the charges had commenced. He later filed a motion seeking to vacate… |
| 19-6643 |
John Forrest v. United States |
Eighth Circuit |
2019-11-15 |
Denied |
Response WaivedIFP |
28-usc-2255 armed-career-criminal-act collateral-review constitutional-law criminal-procedure descamps-v-united-states mathis-v-united-states retroactive-precedent retroactivity sentencing sentencing-correction sentencing-review successive-motion supreme-court |
A successive motion to correct a sentence under 28 U.S.C. §2255(h)(2) must contain a "new rule of constitutional law, made retroactive to cases on col… |
| 19-6644 |
Darrell Freeze v. United States |
Fifth Circuit |
2019-11-15 |
Denied |
Response WaivedIFP |
5th-amendment 6th-amendment criminal-procedure due-process federal-courts federal-sentencing fifth-amendment judicial-fact-finding sentencing sixth-amendment substantive-reasonableness |
Whether the Fifth and Sixth Amendments permit judges to find the facts necessary to support an otherwise substantively unreasonable federal sentence. |
| 19-6647 |
Michael J. Baxter v. United States |
Eleventh Circuit |
2019-11-15 |
Denied |
IFP |
acquitted-conduct batson-challenge batson-v-kentucky criminal-procedure due-process equal-protection jury-selection racial-discrimination reasonable-doubt sentencing-guidelines sixth-amendment united-states-v-watts |
1. Whether the striking of two out of three black veniremembers demonstrates a "pattern of discrimination" as necessary to satisfy the first step of t… |
| 19-6648 |
Ralph Loren Barenz II v. Alaska |
Alaska |
2019-11-15 |
Denied |
Response WaivedRelisted (2)IFP |
community-condemnation criminal-procedure due-process false-testimony miranda-rights prosecutorial-misconduct protective-order |
Has hate and "community condemnation" of sex crimes deprived the petitioner of due process as seen in the following presented issues:
WAS THE VIOLATI… |
| 19-6650 |
Fidel Rios, Jr. v. United States |
Eighth Circuit |
2019-11-15 |
Denied |
Response WaivedIFP |
18-usc-3553a 8th-circuit criminal-procedure criminal-sentencing district-court downward-variance guidelines judicial-discretion life-circumstances sentencing sentencing-factors sentencing-guidelines u-s-code |
Whether the 8th Circuit Court of Appeals and District Court for the Southern District of Iowa failed to adequately consider the sentencing factors set… |
| 19-6651 |
Shawn A. Thompson v. Tom McGinley, Superintendent, State Correctional Institution at Coal Township |
Third Circuit |
2019-11-15 |
Denied |
Response WaivedRelisted (2)IFP |
attempted-robbery constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel jury-instructions sixth-amendment standard-of-review third-degree-murder |
I. Appellant alleged that Trial Court gave a defective/deficient Third Degree Murder instruction to the jury, by failing to provide the jury with inst… |
| 19-6652 |
Douglas Akira Hirano v. United States |
Ninth Circuit |
2019-11-15 |
Denied |
IFP |
booker-decision circuit-split criminal-law criminal-procedure johnson-doctrine johnson-v-united-states sentencing-guidelines united-states-v-booker vagueness-doctrine void-for-vagueness |
The Seventh Circuit holds that the void-for-vagueness doctrine and Johnson v. United States, 135 S.Ct. 2551 (2015), apply to the mandatory, pre-United… |
| 19-622 |
Thomas S. Bell v. Pennsylvania |
Pennsylvania |
2019-11-15 |
Denied |
Response Waived |
blood-test criminal-procedure driving-under-influence driving-under-the-influence due-process evidence evidence-of-guilt fourth-amendment implied-consent search-and-seizure warrantless-search |
Whether a motorist's assertion of his Fourth Amendment right to refuse consent to a warrantless blood test may be used as evidence of guilt for the of… |
| 19-617 |
Nekebwe Superville v. United States |
Second Circuit |
2019-11-14 |
Denied |
Response Waived |
aggravated-felony attorney-misadvice deportation Padilla-v-Kentucky plea-agreement will equivocal-warnings 28-usc-2255 criminal-procedure deportation-consequences immigration ineffective-assistance ineffective-assistance-of-counsel judicial-warning plea-agreement plea-bargaining strickland-standard strickland-v-washington |
When conducting an analysis under 28 U.S.C. § 2255(f) and Strickland v. Washington, will equivocal warnings given by a judge pursuant to Fed. R. Crim.… |
| 19-6632 |
Samier Patrick Clark v. United States |
Fifth Circuit |
2019-11-14 |
Denied |
Response WaivedIFP |
adam-walsh-act civil-rights constitutional-rights criminal-procedure double-jeopardy due-process ineffective-assistance ineffective-counsel prosecutorial-misconduct sentencing-guidelines |
Was petitioner subjective to violations of his Constitutional rights throughout the course of his criminal prosecution?
Was petitioner subjective to … |
| 19-6634 |
Kathryn Woodin Markle v. United States |
Fifth Circuit |
2019-11-14 |
Denied |
Response WaivedIFP |
appellate-review burden-of-production burden-of-proof criminal-procedure defendant-rights due-process evidence government-burden pre-sentence-report sentencing sentencing-guidelines sentencing-objection |
Does the defendant bear the burden of production to rebut information found in a pre-sentence report after objecting to that information, or instead, … |
| 19-6637 |
Gregory Cooper v. Katy Poole, et al. |
Fourth Circuit |
2019-11-14 |
Denied |
Response WaivedIFP |
5th-amendment 6th-amendment civil-rights constitutional-rights counsel criminal-procedure cruel-and-unusual-punishment due-process effective-counsel judicial-discretion right-to-counsel self-incrimination sixth-amendment subject-matter-jurisdiction takings |
Can a defendant be stoped from Confronting his
accusers and witnesses with o ther testimony
when the sth Amendment to the li.s. Const. Provides
for Du… |
| 19-6641 |
Michael Anthony Clayton v. United States |
Sixth Circuit |
2019-11-14 |
Denied |
Response WaivedIFP |
circuit-split constitutional-rights criminal-procedure custodial-interrogation fifth-amendment miranda-rights miranda-warning right-to-counsel self-incrimination sixth-amendment |
Must an Officer Tell a Criminal Suspect in Custody That He Has the Right to Have an Attorney Present During the Interview, in Order to Use the Suspect… |
| 19-6645 |
In Re Morgan Allen Armstrong |
|
2019-11-14 |
Denied |
IFP |
civil-rights constitutional-claims criminal-procedure due-process fabrication-of-evidence fair-trial habeas-corpus ineffective-assistance prosecutorial-misconduct sixth-amendment standing |
Question not identified. |
| 19-6579 |
David Lee Smith v. North Carolina, et al. |
Fourth Circuit |
2019-11-13 |
Denied |
Response WaivedRelisted (2)IFP |
access-to-courts civil-procedure civil-rights copyright criminal-procedure due-process habitual-felon habitual-offenders in-forma-pauperis legal-publication punitive-law standing statutory-law |
Are PRO. SE PETITIONERS ENTITLED TO U.S. SUPREME COURT LEAVE TO PROCEED AS PAUPER IN ISSUING COMPLAINT, WHEN CIRCUIT COURT ENTER DKILY FX) FRIVOLOUS I… |
| 19-6589 |
Alicia Norman, Kendra Brantley, and Deenvaughn Rowe v. United States |
District of Columbia |
2019-11-13 |
Denied |
IFP |
attorney-client-relationship criminal-procedure criminal-procedure-rule-11 due-process federal-rules judicial-interference plea-agreement plea-bargaining sentencing sentencing-guidelines standard-of-review |
KENDRA BRANTLEY:
I.
Was the D.C. Circuit's affirmance of Petitioner Brantley's convictions
erroneous and in conflict with other federal jurisdictions … |
| 19-6592 |
Monir George v. Dana Metzger, Warden |
Third Circuit |
2019-11-13 |
Denied |
IFP |
appellate-procedure civil-rights criminal-procedure due-process fair-trial ineffective-assistance-of-counsel prosecutorial-misconduct right-to-a-fair-trial right-to-counsel sixth-amendment |
Crtifhed Mentil I Defendanis e o
ONE: whither a
wive is Right Fo Jy Tral
Tw who Cn Ao Fo The ert I nt To
T
Reqes Tr he Dee I
THeir pleas.
T
Constttn… |
| 19-6601 |
Kevin Battle v. United States |
Fourth Circuit |
2019-11-13 |
Denied |
Response WaivedIFP |
actual-prosecution categorical-approach categorical-match circuit-split criminal-procedure federal-law federal-sentencing prior-conviction realistic-probability sentencing state-conviction state-court state-crime |
Whether a defendant who seeks to demonstrate that a prior conviction is not a categorical match for federal sentencing purposes must point to an actua… |
| 19-6602 |
Carey Ackies, aka Boyd v. United States |
First Circuit |
2019-11-13 |
Denied |
Response WaivedIFP |
4th-amendment cell-phone cell-phone-tracking criminal-procedure direct-review drug-offense first-step-act law-enforcement-surveillance location-tracking search-and-seizure sentencing-thresholds surveillance |
I. Whether a cell phone, when used by law enforcement to obtain "precise location information," is a "tracking device" under 18 U.S.C. § 3117(b).
II.… |
| 19-6606 |
Ryan T. Root v. United States |
Second Circuit |
2019-11-13 |
Denied |
Response WaivedIFP |
constitutional-violation criminal-procedure cumulative-errors double-prosecution due-process ineffective-counsel law-and-fact merger-doctrine miscarriage-of-justice money-laundering plea-agreement sentencing sentencing-guidelines standard-of-review |
I. WHETHER CUMULATIVE ERRORS OF LAW AND FACT LED TO A MISCARRIAGE OF JUSTICE AND A CONSTITUTIONAL VIOLATION?
II. WHETHER A DEFENDANT MAY BE CONVICTED… |
| 19-6610 |
Mario Alberto Rubi v. United States |
Ninth Circuit |
2019-11-13 |
Denied |
Response WaivedIFP |
court-of-appeals criminal-procedure door-doctrine evidence expert-testimony fingerprint-evidence fingerprints open-door-doctrine open-the-door precedent standard-of-review unknowing-courier |
Whether the court of appeals erred in finding Mr. Rubi opened the door to expert testimony regarding unknowing couriers based on a few isolated questi… |
| 19-6614 |
Jerome Marshall v. John E. Wetzel, Secretary, Pennsylvania Department of Corrections, et al. |
Third Circuit |
2019-11-13 |
Denied |
Response WaivedIFP |
actual-innocence constitutional-rights criminal-procedure habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mental-health miranda-rights miranda-warnings post-conviction-relief procedural-default witness-credibility |
Whether the Third Circuit Court of Appeals erred by denying Petitioner's request for a certificate of appealability after Petitioner made a substantia… |
| 19-6619 |
Genesis Lee Whitted v. United States |
Fourth Circuit |
2019-11-13 |
Denied |
Response WaivedIFP |
base-offense-level criminal-procedure drug-quantity drug-weight fourth-circuit indictment relevant-conduct sentencing-guidelines sentencing-guidelines-1b1.3 time-interval |
WHETHER THE DISTRICT COURT IMPROPERLY EXPANDED GUIDELINE § 1B1.3 BY INCLUDING DRUG AMOUNTS ASSOCIATED WITH CONDUCT OCCURRING SIGNIFICANTLY OUTSIDE THE… |
| 19-6620 |
John Kevin Waldrip v. United States |
Fifth Circuit |
2019-11-13 |
Denied |
Response WaivedIFP |
appeal criminal-procedure federal-law federal-sentencing-guidelines federal-statute fifth-circuit judicial-review sentencing sentencing-guidelines special-assessments statutory-interpretation supervised-release |
I. In a consolidated Appeal JOHN KEVIN WALDRIP argued that the district court erroneously applied 18 U.S.C. § 3014 when it imposed a total of $15,000 … |
| 19-6624 |
Andre D. Lee v. Louisiana |
Louisiana |
2019-11-13 |
Denied |
Response WaivedIFP |
burden-of-proof constitutional-rights conviction criminal-procedure due-process hearing right-to-counsel sentence state-trial-court void waiver |
1. Did the petitioner's right to counsel violated by the state trial court, thereby making the conviction and sentence completely void?
2. Did the st… |
| 19-611 |
Rene A. Boucher v. United States |
Sixth Circuit |
2019-11-13 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
appeal below-guideline-sentence criminal-procedure double-jeopardy due-process plea-agreement plea-bargaining sentencing sentencing-appeal waiver waiver-of-rights |
1. Did the government waive its right to appeal the defendant's sentence when it expressly agreed that the defendant would be free to argue for a belo… |
| 19-612 |
Hassan Abpikar v. United States |
Ninth Circuit |
2019-11-13 |
Denied |
Response Waived |
circuit-court-conflict circuit-split conflict-with-other-circuits criminal-complaint criminal-procedure due-process original-indictment sentence-increase sentencing sentencing-enhancement speedy-trial-act statutory-interpretation superseding-indictment |
1. Whether the 9th Circuit Court of Appeals Ruling on petitioner's claim to his Rights under the Speedy Trial Act is IN CONFLICT WITH OTHER CIRCUITS, … |
| 19-6570 |
Ray Jefferson Cromartie v. Bradfield Shealy, et al. |
Eleventh Circuit |
2019-11-12 |
Denied |
IFP |
42-usc-1983 civil-procedure civil-rights criminal-procedure dna-testing due-process habeas-corpus procedural-history section-1983 standing state-statute stay-of-execution |
In Skinner v. Switzer, 562 U.S. 521 (2011), this Court held that a prisoner who has been denied access to DNA testing under a state statute may bring … |
| 19-6575 |
Dorothy Williams Elliott v. Florida |
Florida |
2019-11-12 |
Denied |
Relisted (2)IFP |
civil-rights court-proceedings criminal-procedure due-process expungement ineffective-assistance-of-counsel legal-counsel plea-agreement plea-bargaining probation sentencing |
1. On March 11, 2010, at the Felony Sounding Hearings The State of Florida was ready, and made the "Ore R." Why wasn't Attorney Robert L White, prepar… |
| 19-6578 |
John Garrett Smith v. Washington |
Washington |
2019-11-12 |
Denied |
Relisted (2)IFP |
civil-rights criminal-procedure due-process judicial-review jurisdiction probable-cause standing |
A. Is it legally permissible for a State Superior Court to acknowledge that State's witness is openly committing multiple counts of "perjury worthy of… |
| 19-6581 |
Javier Leon v. United States |
Eighth Circuit |
2019-11-12 |
Denied |
Response WaivedIFP |
constitutional-rights constructive-amendment criminal-procedure due-process fourth-amendment ineffective-assistance material-variance methamphetamine-charge search-and-seizure |
WHETHER COUNSEL'S FAILURE TO SUBJECT THE GOVERNMENT'S CASE TO STRICT ADVERSARIAL TESTING, BY REASON OF A FICKLE, BARE-BONES 'MERE PRESENCE' THEORY OF … |
| 19-6582 |
Roberto Carlos Martinez-Mendoza v. United States |
Fifth Circuit |
2019-11-12 |
Denied |
IFP |
burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 19-6583 |
Patrick Killen, Jr. v. United States |
Eleventh Circuit |
2019-11-12 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure cruel-and-unusual-punishment eighth-amendment eleventh-circuit graham-v-florida gross-disproportionality proportionality sentencing statutory-limits |
I. What is the proper analysis to determine whether there is a threshold showing of an inference of gross disproportionality on an Eighth Amendment cl… |
| 19-6587 |
Jose Joel Helguera-Del Rio v. United States |
Ninth Circuit |
2019-11-12 |
Denied |
Response WaivedIFP |
criminal-procedure evidence evidence-law fourth-amendment plain-view-doctrine probable-cause search-and-seizure traffic-stop |
1. Petitioner was the passenger in a vehicle stopped for a driving infraction. When Petitioner opened the glove compartment to retrieve the vehicle's … |
| 19-6591 |
In Re Kenneth Uncapher |
|
2019-11-12 |
Denied |
Response WaivedIFP |
14th-amendment 6th-amendment appellate-review constitutional-rights criminal-procedure due-process fair-trial ineffective-assistance ineffective-assistance-of-counsel jury jury-bias jury-misconduct mistrial newly-discovered-evidence victim |
I. Was the Petitioner denied a fair trial where a member of the jury told the judge he was accosted outside of the courtroom by members of the victim'… |
| 19-6547 |
Kevin Sterling v. United States |
Second Circuit |
2019-11-08 |
Denied |
Response WaivedIFP |
affirmance appeal appointed-counsel cja-18-usc-3006 criminal-justice-act criminal-procedure due-process fed-r-crim-p-44 federal-rules-criminal-procedure gideon-v-wainwright inability-to-pay legal-representation right-to-counsel writ-of-certiorari |
Whether defendant should have been appointed counsel too
assist him in filing a writ of Certiorari, pursuant to the CJA
18 U,S.C, § 3006.. . and FED,… |
| 19-6560 |
Matthew Joseph Lucio v. United States |
Fifth Circuit |
2019-11-08 |
Denied |
Response WaivedIFP |
consideration contract-law criminal-procedure due-process fifth-amendment guilty-plea habeas-corpus plea-agreement united-states-court-of-appeals |
Whether Mr. Lucio's plea agreement which extracted his guilty plea lacks consideration, and if so, whether his guilty plea violates the Fifth Amendmen… |
| 19-6566 |
Alexander Kates v. New York |
New York |
2019-11-08 |
Denied |
IFP |
2nd-amendment actual-innocence civil-rights criminal-possession-of-a-weapon criminal-possession-of-weapon criminal-procedure due-process home-exception ineffective-assistance-of-counsel loaded-firearm penal-law penal-law-265.15(4) standing void-for-vagueness |
1. tether New York State residents are always actually innocent of felony and attsipted felony criminal possession of a weapon offenses if they posses… |
| 19-6511 |
Roberto Trinidad Del Carpio Frescas v. United States |
Fifth Circuit |
2019-11-07 |
Denied |
Response WaivedIFP |
criminal-procedure fifth-circuit mandatory-victims-restitution-act preponderance-of-evidence preponderance-of-the-evidence reliable-evidence restitution restitution-standard sentencing |
Whether this Court should clarify what "reliable evidence" means for establishing, by a preponderance of the evidence, the amount of restitution under… |
| 19-6522 |
William Smith v. Texas |
Texas |
2019-11-07 |
Denied |
IFP |
blood-draw constitutional-challenge criminal-procedure fourth-amendment fourth-amendment-interpretation mandatory-blood-draw missouri-v-mcneely probable-cause public-safety search-and-seizure texas-transportation-code warrantless-search |
1.Is Texas Transportation Code Sect. 724.012 (b.) (3.)(B). (Texas'mandatory blood draw statute) Constitutional as applied, under the Fourth Amendment … |
| 19-6538 |
Levi Jermaine Griffin v. United States |
Eleventh Circuit |
2019-11-07 |
Denied |
Response WaivedIFP |
burden-of-proof child-pornography criminal-indictment criminal-knowledge criminal-law criminal-procedure due-process evidence jury-instructions mens-rea possession-of-child-pornography reasonable-doubt statutory-elements |
WHETHER THE EVIDENCE WAS INSUFFICIENT TO SATISFY THE GOVERNMENT'S BURDEN TO PROVE THE ELEMENT OF KNOWLEDGE AS TO THE POSSESSION OF CHILD PORNOGRAPHY C… |
| 19-6539 |
Dwayne Dumont Haizlip v. Joseph Valliere |
Fourth Circuit |
2019-11-07 |
Denied |
Response WaivedIFP |
civil-rights constitutional-challenge constitutional-law criminal-procedure drug-trafficking due-process fourteenth-amendment habitual-felon-law habitual-offender mandatory-sentencing sentencing |
I. The Federal Court, Question Presented is whether a Sentential Mandatory Sentence + Drug Trafficking Conviction; Sentence Versus N.C. Gen. Stat. 90-… |
| 19-6540 |
Howard Grant v. United States |
Fifth Circuit |
2019-11-07 |
Denied |
Response WaivedRelisted (2)IFP |
28-usc-2255 appellate-procedure civil-procedure clay-v-united-states criminal-procedure extraordinary-circumstances final-judgment-rule forgery habeas-corpus indictment standing |
QUESTION ONE:
Is a 28 USC SEC. 2255 MOTION premature if filed less than 90 days after the
appellate court enters its judgment in accordance with the … |
| 19-6551 |
Neil Timothy Aho v. United States |
Eleventh Circuit |
2019-11-07 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure discovery guilty-plea ineffective-assistance-of-counsel obstruction-of-justice plea-bargaining plea-withdrawal sentencing-guidelines withdrawal-of-plea |
Issue 1: Whether the appellate court erred in not finding
that the district court abused its discretion by denying
Petitioner's motion to withdraw his… |
| 19-6554 |
Brandon Gregory Leal v. United States |
Fifth Circuit |
2019-11-07 |
Denied |
Response WaivedIFP |
apportionment criminal-procedure judicial-procedure paroline-analysis paroline-v-united-states plain-error proximate-cause restitution victim-compensation |
Whether failure to conduct a proximate cause and apportionment analysis as required by this Court's decision in Paroline v. United States, 572 U.S. 43… |
| 19-6555 |
Courtney Johnson v. United States |
Third Circuit |
2019-11-07 |
Denied |
Response WaivedIFP |
ability-to-pay appointed-counsel criminal-procedure due-process fine-imposition fines indigent-defendant judicial-discretion sentencing statutory-interpretation |
WHETHER A DISTRICT COURT ERRS BY IMPOSING A FINE UPON AN INDIGENT DEFENDANT, REPRESENTED BY APPOINTED COUNSEL, WITHOUT MAKING ANY INQUIRY INTO THE DEF… |
| 19-6556 |
In Re Therian Wimbush, et vir |
|
2019-11-07 |
Denied |
IFP |
access-to-courts appeals civil-procedure civil-rights criminal-procedure due-process federal-courts habeas-corpus joint-petition judicial-review petition-denial procedural-barriers standing |
1. Can co-convicted, co-freed, co-convicted and sentenced, even if by the same, codefendant husband and wife file a joint federal §2254 habeas corpus … |
| 19-6497 |
David Morillo-Cruz v. United States |
Third Circuit |
2019-11-06 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review criminal-procedure criminal-sentencing due-process judicial-discretion reasonableness sentencing sentencing-guidelines |
Whether the sentence imposed by the Court was reasonable? |
| 19-6501 |
Alvin Felicianosoto v. United States |
Eighth Circuit |
2019-11-06 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
appellate-review autonomy constitutional-rights criminal-procedure defense-autonomy due-process ineffective-assistance ineffective-assistance-of-counsel McCoy-challenge mccoy-v-louisiana remand right-to-counsel sixth-amendment trial-counsel |
1) Whether the Eighth Circuit Court of Appeals erred on direct review in
failing to remand the case to the district court when a challenge under
McCoy… |
| 19-6502 |
Cory Dale Fields v. United States |
Fifth Circuit |
2019-11-06 |
Denied |
IFP |
criminal-procedure due-process federal-district-court federal-sentencing grand-jury no-bill prior-conduct reliability reliability-of-evidence reliability-standard sentencing sentencing-considerations uncharged-conduct |
Is alleged prior uncharged conduct that had been no-billed by a Grand
Jury sufficiently reliable for a federal district court to consider at sentencin… |
| 19-6515 |
Andre Verlin Anderson v. Vicki Janssen, Warden |
Eighth Circuit |
2019-11-06 |
Denied |
Response WaivedIFP |
certificate-of-appealability criminal-procedure criminal-procedure-due-process-eyewitness-identifi criminal-procedure-habeas-corpus-certificate-of-ap Did the district court commit reversible error whe Did the United States Court of Appeals for the Eig due-process eyewitness-identification habeas-corpus motion-to-suppress photographic-lineup reversible-error |
QUESTION ONE:
Did the district court commit reversible error by denying Petitioner's motion to suppress the unduly suggestive photographic lineup?
QU… |
| 19-6518 |
Eric Burgie v. Arkansas |
Arkansas |
2019-11-06 |
Denied |
Response WaivedIFP |
aggravated-robbery civil-rights constitutional-rights criminal-procedure cruel-and-unusual-punishment due-process jurisdiction mental-fitness mental-health parole parole-eligibility sentencing sentencing-scheme |
Mr. Bugie filed a section lugo-ill ca petition to corfense and ane appled Miller to an 18-year old. Mr. Burgse sk this court to anwer whether or not t… |
| 19-6524 |
Franklin Elliott Benson v. Aimee Smith, Warden |
Eleventh Circuit |
2019-11-06 |
Denied |
Response WaivedIFP |
actus-reus civil-rights constitutional-rights corpus-delicti criminal-murder criminal-procedure due-process evidence ineffective-assistance-of-counsel jury-instructions standing venue venue-challenge |
Whether, for the element of "causing the death" an essential element of malice murder in Georgia O.C.G.A. 16-5-1(a), the indictment which accused the … |
| 19-6525 |
Sean Trent Barnes v. United States |
Fourth Circuit |
2019-11-06 |
Denied |
Response WaivedIFP |
abuse-of-discretion competency competency-hearing criminal-procedure due-process guilty-plea plain-error-review plea-bargaining pro-se-representation self-representation sentencing sentencing-enhancement |
The issue subsuming all other issues in this appeal is whether I.
or not, Mr. Sean Trent Barnes, while incarcerated in pre-trial cus
tody as a federal… |
| 19-6526 |
In Re David Paul Worthington |
|
2019-11-06 |
Denied |
IFP |
18-usc-1151-1153 aedpa aedpa-limitations article-1 article-6 criminal-procedure indian-law indian-treaties state-court-jurisdiction subject-matter-jurisdiction supremacy-clause treaties treaties-with-indians |
(1) Whether the filing limitations AEDPA apply to claims that state courts lacked of
subject matter jurisdiction in criminal cases due to provisions … |
| 19-6528 |
Royce C. Gouveia v. Nolan Espinda, Director, Hawaii Department of Public Safety, et al. |
Ninth Circuit |
2019-11-06 |
Denied |
IFP |
acquittal constitutional-law criminal-procedure double-jeopardy double-jeopardy,criminal-procedure,jury,verdict,ac jury jury-verdict retrial verdict |
Does a jury's execution of a verdict form acquitting the defendant, and announcement that it has reached a verdict, suffice to erect a double jeopardy… |
| 19-6530 |
Vincent Williams v. United States |
Third Circuit |
2019-11-06 |
Denied |
Response WaivedIFP |
18-usc-924 18-usc-924c 18-usc-924j concurrent-sentence-doctrine criminal-procedure davis davis-ruling davis-v-united-states habeas-corpus life-sentence life-sentences post-conviction post-conviction-relief section-2255 third-circuit |
whether the Third Circuit Court of Appeals erred by not applying the Davis ruling to Mr Williams firearm habeas corpus petition towards his firearm co… |
| 19-594 |
Mahmoud Thiam v. United States |
Second Circuit |
2019-11-06 |
Denied |
Response Waived |
american-constitutional-limitations american-court constitutional-limitations criminal-procedure criminal-prosecution due-process foreign-statute official-act predicate-offense predicate-prosecution vagueness-doctrine |
1. Where a foreign statute is used as a predicate to prosecution in a United States court, including but not limited to the vagueness doctrine, are th… |
| 19-587 |
Jimmie Eugene White, II v. United States |
Sixth Circuit |
2019-11-05 |
Denied |
|
continuance criminal-procedure district-court-discretion ends-of-justice on-the-record-findings speedy-trial speedy-trial-act statutory-interpretation stipulation time-exclusion |
Whether, notwithstanding the plain language of § 3161(h)(7) of the Speedy Trial Act and this Court's decision in Zedner, a district court may exclude … |
| 19-6483 |
Carl Robinson v. Bernadette Mason, Superintendent, State Correctional Institution at Retreat |
Third Circuit |
2019-11-05 |
Denied |
Response WaivedRelisted (2)IFP |
14th-amendment civil-procedure clearly-erroneous-standard clearly-erroneous'-rule-52(a),exhaustion-of-remedi conviction court-of-appeals criminal-procedure due-process exhaustion-of-remedies judicial-independence judicial-procedure legal-remedy procedural-due-process standard-of-review statute supplemental-response timeliness unfairness Was the Petitioner denied due process of law,in vi |
1 This case presents the question when there's no authority in the Federal Court's that countenances the preparation of the opinion by the attorney fo… |
| 19-6485 |
Ryan Van Stevenson v. United States |
Sixth Circuit |
2019-11-05 |
Denied |
Response WaivedIFP |
appellate-waiver criminal-procedure discretion due-process due-process,appellate-waiver,abuse-of-discretion,s evidence-standard extrinsic-evidence judicial-discretion preponderance-of-the-evidence sentencing-enhancement |
Did the Court abuse it's discretion when it enforced an appellate waiver on an issue that was outside the scope of the appellate waiver's provisions?
… |
| 19-6491 |
Matthew Shaffer v. United States |
Sixth Circuit |
2019-11-05 |
Denied |
Response WaivedIFP |
4th-amendment criminal-procedure criminal-procedure-4th-amendment-search-and-seizur drug-conspiracy due-process evidence-suppression evidentiary-hearing exclusionary-rule firearms-expert-testimony-drug-activity law-enforcement-testimony multiple-conspiracies-sentencing-enhancements rule-29-motion-sufficiency-of-evidence search-warrant sentencing-enhancement standing |
1. THE TRIAL COURT ERRED IN FAILING TO CONDUCT AN EVIDENTIARY HEARING CONCERNING THE AFFIDAVIT RELIED UPON IN OBTAINING THE SEARCH WARRANT AND FURTHER… |
| 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 |
When police officers repeatedly inform an accuser that his statements to medical personnel will be given to the police and prosecuting authorities for… |
| 19-6495 |
Brent Curtis Schwertz v. Richard Jennings, Warden |
Eighth Circuit |
2019-11-05 |
Denied |
Response WaivedRelisted (2)IFP |
accidental-discharge americans-with-disabilities-act brady-disclosure brady-violation criminal-procedure due-process expert-witness firearms-examination ineffective-assistance-of-counsel mistrial right-to-counsel strickland-standard |
Consistent with the holding in Strickland v. Washington, 466 U.S. 668 (1984), which held that to prove prejudice on a claim of ineffective assistance … |
| 19-6496 |
David Elijah Smith v. United States |
Fourth Circuit |
2019-11-05 |
GVR |
IFP |
apprendi-v-new-jersey blakely-v-washington criminal-law criminal-procedure due-process firearm-statute haymond-v-united-states mens-rea sentencing sentencing-guidelines statutory-maximum |
(1) DID THE PETITIONER'S SENTENCE FOR 18 U.S.C. 922(g) VIOLATE THE STATUTORY MAXIMUM IN VIOLATION OF BLAKELY V. WASHINGTON, 542 U.S. 296, 304; APPREND… |
| 19-6500 |
Horacio Dominguez-Villalobos v. United States |
Fifth Circuit |
2019-11-05 |
Denied |
IFP |
burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum |
Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 19-6506 |
Joshua Jake White v. Mark Nooth, Superintendent, Snake River Correctional Institution |
Ninth Circuit |
2019-11-05 |
Denied |
Response WaivedIFP |
credibility credibility-contest criminal-procedure expert-testimony habeas-corpus ineffective-assistance ineffective-assistance-of-counsel post-conviction-relief prevailing-professional-norm professional-norm sixth-amendment |
Counsel failed to object to prejudicial testimony.
Specifically, the State's expert's testimony vouched for the alleged
victim's allegations of abuse … |
| 19-585 |
Robert Leigh Stoltz v. Virginia |
Virginia |
2019-11-04 |
Denied |
Response Waived |
age-of-consent criminal-intent criminal-procedure due-process jury-instructions mens-rea reasonable-belief statutory-interpretation undercover-operations |
Is due process violated where the judge instructs the jury such that even if the jury finds that the defendant knew the alleged victim (an undercover … |
| 19-6461 |
Vernon Allen Collins v. Maryland |
Maryland |
2019-11-01 |
Denied |
Response WaivedIFP |
advisory-jury-instructions civil-rights collateral-challenges coram-nobis criminal-conviction criminal-procedure due-process habeas-corpus hearsay-rule jury-instructions laches laches-defense structural-errors |
(0). TO DETERMINE WHETHER OR NOT A WRIT OF ERROR CORAM NOBIS PETITION CAN BE BARRED UNDER THE TWO PRONG TEST UNDER THE DOCTRINE OF A LACHES DEFENSE TH… |
| 19-6471 |
Diego Alonso Lozano-Perez v. United States |
Ninth Circuit |
2019-11-01 |
Denied |
Response WaivedIFP |
constitutional-determination constitutional-law constitutional-rights criminal-procedure due-process federal-rules federal-rules-of-criminal-procedure guilty-plea plea-bargaining rule-11 standing voluntariness voluntary-plea |
Whether the Court made the Constitutionally required determination that the guilty plea was truly voluntary, whereas it failed to comply with the rigi… |
| 19-6472 |
Arthur Lopez v. California |
California |
2019-11-01 |
Denied |
IFP |
child-custody civil-rights criminal-procedure criminal-protective-orders due-process equal-protection family-law latino-fathers parental-rights |
Latino (nexiem teritae).
thould
Mabe Fathers, ineledi
Q
he
Protection
Catholia-Chistian
plovided
qual
lnde Law
guaranteed
Due
Prozess
and
a
Itates Co… |
| 19-6473 |
Gelu Topa v. Teofilo Melendez, et al. |
Eleventh Circuit |
2019-11-01 |
Denied |
Response WaivedIFP |
civil-rights conciseness criminal-procedure due-process exigent-circumstances facts fourth-amendment police-report relevance scotus-petition warrantless-search writ-of-certiorari |
Question not identified. |
| 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 |
I. WHETHER TESTIMONIAL DYING DECLARATIONS VIOLATE THE CONFRONTATION CLAUSE OF THE SIXTH AMENDMENT; AND, WHETHER PETITIONER'S CONSTITUTIONAL RIGHTS WER… |
| 19-6478 |
Abdul King Garba, et al. v. United States |
Ninth Circuit |
2019-11-01 |
Denied |
Response WaivedIFP |
apprendi-standard apprendi-v-new-jersey criminal-procedure evidence expert-testimony jackson-v-virginia kumho-tire ninth-circuit restitution sufficiency-of-evidence sufficient-evidence supreme-court-precedent weight-vs-admissibility |
1. Whether the Ninth Circuit Memorandum conflicted with this Court's decisions (e.g., Kumho Tire) regarding whether unreliability of an expert's testi… |
| 19-6427 |
Ray A. Smith v. John Chapdelaine, Warden, et al. |
Tenth Circuit |
2019-10-31 |
Denied |
Relisted (2)IFP |
charging-document criminal-procedure due-process evidence ineffective-assistance-of-counsel jury-instructions professional-responsibility prosecutorial-misconduct standard-of-review sufficiency-of-evidence |
1. As representatives of the Office of Public Defender, did lawyers Willie Rios and Eric Zale, fufill their professional responsibilities and obligati… |
| 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 |
This Petition presents an issue of fundamental importance to all defendants facing criminal prosecution in California: whether the Sixth and Fourteent… |
| 19-6452 |
David P. Moran v. Florida |
Florida |
2019-10-31 |
Denied |
Response WaivedIFP |
criminal-procedure discovery mandamus pro-se pro-se-litigant records standing subpoena subpoena-enforcement trial-court writ-of-court |
1. Should a writ of mandamus compelling the Court to issue a subpoena be automatically granted when the defendant has adequately shown an entity viola… |
| 19-6458 |
Torrence E. Davis v. Arizona |
Arizona |
2019-10-31 |
Denied |
Response WaivedIFP |
conditional-demand constitutional-rights criminal-procedure equivocal-invocation equivocal-request faretta-right faretta-v-california judicial-discretion new-counsel pro-per right-to-counsel self-representation self-representation-right trial-court-advisement waiver-of-counsel |
In Faretta v. California, this Court held that criminal defendants have the right to represent themselves in criminal prosecutions. Faretta v. Califor… |
| 19-6459 |
Kenneth K. DuVall v. Carlos Hernandez, Superintendent, Avery Mitchell Correctional Institution |
Fourth Circuit |
2019-10-31 |
Denied |
IFP |
14th-amendment 1st-amendment 5th-amendment access-to-courts constitutional-challenge criminal-procedure double-jeopardy due-process federal-standards judicial-relief judicial-review state-imprisonment |
1. Did Judge Whitney's failure to rule on Petitioner's newly discovered evidence of Double Jeopardy issues deny Petitioner his 1st and 14th Amendment … |
| 19-6469 |
Kenneth N. McFall v. Indiana |
Indiana |
2019-10-31 |
Denied |
Response WaivedIFP |
and sole defense witness to testify at trial for appeal evidence sixth-amendment state-court-decision testimony abuse-of-discretion accomplice-testimony constitutional-rights criminal-procedure due-process evidence-seizure fourteenth-amendment fourth-amendment sixth-amendment state-bypass-sixth-amendment |
Whether trial courts abuse of discretion in not allowing an alleged accomplice, and sole defense witness to testify at trial for the defense violated … |
| 19-6444 |
Jermaine D. Harris v. Stephen T. Moyer, Secretary, Maryland Department of Public Safety and Correctional Services, et al. |
Fourth Circuit |
2019-10-30 |
Denied |
Response WaivedRelisted (2)IFP |
aiding-and-abetting appeal cell-phone-technology cell-tower-testimony criminal-procedure cumulative-effect due-process fifth-amendment fifth-amendment-privilege habeas-corpus ineffective-assistance legally-inconsistent-verdicts sixth-amendment strickland-v-washington |
1) Did the Court of Appeals err in denying a certificate of
appealability on Petitioner 's claim that his trial counsel
was constitutionally ineffec… |
| 19-6446 |
William L. Edwards v. Texas |
Texas |
2019-10-30 |
Denied |
IFP |
civil-rights criminal-procedure due-process evidence exculpatory-evidence ineffective-assistance-of-counsel |
Why was William Edwards never allowed to present the 911 evidence that exonerates him to a jury. Why was William Edwards scheduled for four trials dur… |
| 19-6448 |
Garrett Dean Door, Sr. v. United States |
Ninth Circuit |
2019-10-30 |
Denied |
Response WaivedIFP |
1st-amendment. civil-procedure civil-rights due-process standing takings 14th-amendment civil-rights criminal-procedure due-process evidence liberty |
WHETHER THE NINTH CIR'S CASE LAW NOW CONFLICTS WITH THIS COURT'S PRECEDENT WHERE A DEFENDANT, WHO EXERCISES HIS RIGHT TO PRE-TRIAL DEFENSE, HAS PREJUD… |
| 19-6453 |
James E. Lang v. Florida |
Florida |
2019-10-30 |
Denied |
IFP |
civil-rights constitutional-challenge criminal-conviction criminal-procedure due-process fiore-v-white judicial-review pipeline-law precedent-interpretation retroactivity statutory-interpretation |
When a state's highest court corrects an erroneous interpretation of it's statutory law committed by it's lower appellate Court, that has affirmed a c… |
| 19-6454 |
Corey Morris v. Steven Johnson, Administrator, New Jersey State Prison, et al. |
Third Circuit |
2019-10-30 |
Denied |
IFP |
6th-amendment constitutional-rights criminal-procedure due-process effective-assistance-of-counsel extended-sentences federal-review multiple-indictments plea-bargaining post-conviction-relief sentencing sentencing-guidelines |
Whether defendants have a Sixth Amendment right to effective assistance of Counsel when Contemplating Plea offers. Morris was charged at multiple indi… |
| 19-566 |
Devan Pierson v. United States |
Seventh Circuit |
2019-10-30 |
GVR |
|
922(g)-felon-in-possession criminal-procedure direct-appeal firearm-possession first-step-act first-step-act-2018 rehaif rehaif-standard rehaif-v-united-states sentencing status-based-possession statutory-interpretation |
1. Section 401(c) of the First Step Act of 2018, Pub. L. No. 115-394, provides: "This section, and the amendments made by this section, shall apply to… |
| 19-556 |
Lucas Allen Newnam v. Pennsylvania |
Pennsylvania |
2019-10-29 |
Denied |
|
bad-faith-inquiry bright-line-test continuance continuance-request counsel-of-choice criminal-defendant criminal-procedure due-process right-to-counsel sixth-amendment trial-delay |
In every jurisdiction in the United States- both federal and state- there is a balancing test for deciding whether a court's decision to deny a contin… |
| 19-564 |
Michigan v. Eric Lamontee Beck |
Michigan |
2019-10-29 |
Denied |
|
acquitted-conduct constitutional-rights criminal-procedure due-process federal-circuit-courts preponderance-of-evidence presumption-of-innocence sentencing |
Whether, when imposing a sentence within the statutory range for the offense of conviction, due process permits a sentencing court to consider conduct… |
| 19-6403 |
Davin D. Crenshaw, aka Davon D. Crenshaw v. Texas |
Texas |
2019-10-29 |
Denied |
IFP |
civil-rights criminal-procedure due-process evidence expert-testimony hearsay mental-health sexual-assault victim-impact |
Is it reasonably pertinent to diagnosisd or treat(mend)" when the stade ments made are clearly beyond the Scope of a SANE examination& Would this be h… |
| 19-6404 |
Donald Lee Curtis v. Erik A. Hooks, Secretary, North Carolina Department of Public Safety |
Fourth Circuit |
2019-10-29 |
Denied |
Response WaivedIFP |
armed-robbery constitutional-rights criminal-procedure double-jeopardy due-process kidnapping statutory-conduct |
whether second-degree kidnapping and Armed Robbery
the Constitutional right of double Jeopardy upon
Violate
Convictions and Punishment for both offens… |
| 19-6415 |
Jose Eleuterio Nava v. United States |
Fifth Circuit |
2019-10-29 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure deference district-court due-process judicial-discretion sentencing-factors sentencing-review substantive-reasonableness |
Whether substantive reasonableness review necessarily encompasses some degree of reweighing the sentencing factors? |
| 19-6418 |
Wayne Neville Morris v. United States |
Ninth Circuit |
2019-10-29 |
Denied |
Response WaivedIFP |
certificate-of-appealability constructive-amendment criminal-procedure criminal-procedure-error due-process fatal-variance fifth-amendment modified-categorical-approach rule-of-lenity sixth-amendment |
1. Whether, a conviction based on an erroneous legal theory, interpretation or
a mistake about the law, can continue to be sustained, once the petitio… |
| 19-6423 |
Halisi Uhuru v. United States |
Fourth Circuit |
2019-10-29 |
Denied |
Response WaivedIFP |
criminal-conviction criminal-law criminal-procedure due-process federal-investigation federal-jurisdiction incarceration legal-proceeding mens-rea obstruction-of-justice rico rico-organization |
1. The Appellant was improperly convicted of participating in a RICO organization, 18 U.S.C. §1962(d), because he was incarcerated during the vast maj… |
| 19-6424 |
Anthony Darnell Stokes v. United States |
Fourth Circuit |
2019-10-29 |
Denied |
Response WaivedIFP |
appeals appellate-review conviction court-of-appeals criminal-law criminal-procedure due-process federal-courts federal-statute obstruction-of-justice sentencing statutory-interpretation |
WHETHER THE COURT OF APPEALS MISAPPLIED 18 U.S.C.S. § 1512(c)(1)
(LAWYERS EDITION 2008) WHEN IT AFFIRMED STOKES'S CONVICTIONS
FOR OBSTRUCTION OF JUSTI… |
| 19-6431 |
Jose Armando Bazan v. United States |
Fifth Circuit |
2019-10-29 |
GVR |
Relisted (4)IFP |
appellate-review criminal-procedure fact-question guidelines plain-error role-adjustment sentencing sentencing-guidelines |
Petitioner, JOSE ARMANDO BAZAN, was charged with and pleaded guilty to a single count of possession with intent to distribute cocaine. The District Co… |
| 19-6433 |
Edward Anthony Torres v. United States |
Ninth Circuit |
2019-10-29 |
Denied |
Response WaivedIFP |
circuit-split criminal-procedure criminal-procedure-jurisdiction district-court due-process federal-courts indian-status jurisdiction jurisdictional-issue magistrate-court native-american native-american-law ninth-circuit pretrial-decision standing statutory-interpretation subject-matter-jurisdiction |
Whether a district court may, pretrial, decide an Indian status jurisdictional question in light of conflicting Ninth Circuit law that results in a fe… |
| 19-6438 |
Jose Luis Tapia-Fierro v. William P. Barr, Attorney General, et al. |
Ninth Circuit |
2019-10-29 |
Denied |
Response WaivedRelisted (2)IFP |
civil-procedure civil-rights constitutional-rights criminal-procedure death-penalty due-diligence due-process evidence-removal federal-jurisdiction innocence-claim procedural-limitations removal standing statute-of-limitations |
Whether the State of Arizona's statute of limitations found in the Arizona Revised Statute ("A.R.S." 812-542) applies to a federal action in a distric… |
| 19-6406 |
Clifford L. Rush v. Nebraska |
Nebraska |
2019-10-28 |
Denied |
IFP |
conflicts-of-interest constitutional-rights counsel-of-choice criminal-procedure due-process judicial-discretion nebraska-supreme-court pro-se pro-se-representation right-to-counsel self-representation sixth-amendment withdrawal-of-counsel |
I.
WHETHER OR NOT THE NEBRASKA SUPREME COURT OPINION IN AFFIRMING
THE NEBRASKA LOWER COURT'S JUDGMENT DENYING PETITIONER THE SIXTH
AMENDMENT RIGHT TO … |
| 19-6407 |
Derran Smiley v. California |
California |
2019-10-28 |
Denied |
IFP |
civil-rights constitutional-law constitutional-violation criminal-procedure due-process ex-post-facto federal-review habeas-corpus ineffective-assistance penal-code post-conviction retroactive-application retroactivity sentencing state-court-ruling |
1) APPELLANT OFFENSES WERE COMMITTED IN 2004, BUT, IN 2006 PENAL CODE § 667.6(d) WAS AMENDED AND INCREASED THE PUNISHMENT WHILE CHANGING THE VIOLATING… |
| 19-6409 |
Sean Reilly v. Florida |
Florida |
2019-10-28 |
Denied |
Response WaivedIFP |
constitutional-duty contract-law criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel misunderstanding plea-bargaining sixth-amendment written-plea-offers |
Whether counsel for the accused has a constitutional duty under the Sixth Amendment to document and present the client plea offers (contracts) in writ… |
| 19-6411 |
Tyler Joseph Barefield v. Arkansas |
Arkansas |
2019-10-28 |
Denied |
Response WaivedIFP |
alternative-perpetrator alternative-perpetrator-evidence constitutional-law constitutional-rights criminal-evidence criminal-procedure due-process evidence right-to-defense right-to-present-defense state-evidentiary-requirements state-evidentiary-rules |
To what extent— consistent with the right to present a defense —
may a State restrict the ability of a defendant to present evidence tending
to establ… |
| 19-6413 |
Ricky Langley v. Howard Prince, Warden |
Fifth Circuit |
2019-10-28 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
acquittal ashe-v-swenson collateral-estoppel constitutional-law criminal-procedure double-jeopardy due-process habeas-corpus jury-verdict |
Whether it is clearly established that a jury's failure to return a verdict, which is tantamount to an acquittal for double jeopardy purposes, will ha… |
| 19-6417 |
Doran Wilburn Walker v. Texas |
Texas |
2019-10-28 |
Denied |
IFP |
constitutional-rights criminal-procedure criminal-procedure-sentencing cumulative-sentences double-jeopardy due-process oral-pronouncement-of-sentence presence-of-defendant sentencing statutory-authority trial-court-authority written-judgment |
1. If a trial court wishes to cumulate sentences, must it so order at the time and place that sentence is orally pronounced? See Grays v State, 291 S.… |
| 19-6362 |
Fernando Nunez v. Pennsylvania |
Pennsylvania |
2019-10-25 |
Denied |
Response WaivedIFP |
brady-doctrine brady-v-maryland constitutional-rights criminal-procedure discovery due-diligence due-process evidence evidence-disclosure exculpatory-evidence prosecutorial-misconduct |
ARE CRIMINAL DEFENDANTS' REQUIRED TO PLEAD AND PROVE THEIR DUE DILIGENCE AS AN ADDITIONAL ELEMENT UNDER BRADY v. MARYLAND, 373 U.S. 83 (1963), AND ITS… |
| 19-6383 |
Nelli Kesoyan v. United States |
Ninth Circuit |
2019-10-25 |
Denied |
Response WaivedIFP |
administrative-law appellate-review court-of-appeals criminal-law criminal-procedure due-process federal-appeals federal-jurisdiction federal-procedure legal-interpretation sentencing-guidelines statutory-interpretation |
Did the Court of Appeals adopt an erroneous interpretation of U.S.S.G. § 2J1.3(b)(3)? |
| 19-6392 |
Jeffrey F. Evers v. Brian Foster, Warden |
Seventh Circuit |
2019-10-25 |
Denied |
Response WaivedIFP |
appeals civil-procedure civil-rights criminal-procedure due-process federal-courts first-amendment free-exercise habeas-corpus merits-based-decision new-trial procedural-default public-accommodation religious-freedom same-sex-marriage standing state-licensing |
me issues responding to a no-merit repart that doesint
sion with respect of allclaims raised by Evers'
ere was never a weapon pruduce.
the Sixth Amend… |
| 19-6402 |
Omar Villarreal Silva v. United States |
Fourth Circuit |
2019-10-25 |
Denied |
Response WaivedIFP |
actual-prejudice collateral-attack criminal-procedure customs-and-border-protection deportation due-process immigration immigration-law prejudice removal-proceedings |
A defendant charged with illegally reentering the United States after deportation or removal has a right under United States v. Mendoza-Lopez, 481 U.S… |
| 19-6360 |
George C. Pugh v. Florida |
Florida |
2019-10-25 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-sentencing due-process felony florida-law habitual-felony-offender habitual-offender precedent release-date sentencing statutory-interpretation time-calculation |
Is it lawfol for the Petittioner For be decmed an Habitual fetorry offe whereas the Petitioner was one day outside of the B years of dor of conviction… |
| 19-6344 |
Spencer Altschuler v. Florida |
Florida |
2019-10-24 |
Denied |
Response WaivedIFP |
burden-of-proof constitutional-rights criminal-procedure due-process negligence reckless-driving vehicular-homicide |
Whether – in a case involving the charge of vehicular homicide – the Due Process Clause of the United States Constitution requires the prosecution to … |
| 19-540 |
Andre Jenkins v. City of Cleveland, Ohio |
Ohio |
2019-10-24 |
Denied |
Response Waived |
civil-procedure civil-rights concurrent-jurisdiction criminal-procedure due-process forfeiture forfeiture-procedure in-rem-jurisdiction property-rights seizure standing warrantless-seizure |
I. The questions presented here centralize issues related to whether the warrantless seizure here of money for forfeiture (by local police) can be jus… |
| 19-541 |
Michael Lambert v. Estate of Kevin Brown, by its Successor in Interest Rebecca Brown, et al. |
Ninth Circuit |
2019-10-24 |
Denied |
|
cold-case criminal-investigation criminal-procedure dna-evidence exigent-circumstances false-statements fourth-amendment fourth-amendment-violations murder-case probable-cause search-and-seizure search-warrant third-party |
1. Did the Ninth Circuit err by failing to address whether a reasonable officer in Detective Lambert's position would have objectively believed his co… |
| 19-6361 |
Gregory Alan McKown v. United States |
Fifth Circuit |
2019-10-24 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
civil-rights commitment competency-evaluation criminal-procedure due-process involuntary-commitment liberty liberty-interest mathews-factors mathews-v-eldridge mental-health procedural-safeguards substantive-due-process |
I. Does mandatory, involuntary commitment of an incompetent defendant to the Bureau of Prisons for the sole purpose of evaluating whether he can attai… |
| 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 DEFENS… |
| 19-6366 |
Spencer Kerry Curtiss v. North Dakota |
North Dakota |
2019-10-24 |
Denied |
Response WaivedIFP |
6th-amendment conflict-of-interest constitutional-rights conviction criminal-procedure due-process ineffective-assistance right-to-counsel standing statutory-interpretation |
As Truth is fundamental:
Can a state's duty to provide guarantee of counsel in a criminal action be duly fulfilled when supplied representation is in … |
| 19-6376 |
Josue Osvaldo Solis v. United States |
Fifth Circuit |
2019-10-24 |
Denied |
Response WaivedIFP |
appeal construction criminal-procedure due-process fairness fairness-doctrine plea-agreement sentence-appeal sentencing waiver waiver-of-rights |
1. Whether, consistent with the Due Process Clause, a defendant can knowingly waive the right to appeal his sentence when his purported waiver occurs … |
| 19-6377 |
Jerome Gaskin v. United States |
Sixth Circuit |
2019-10-24 |
Denied |
Response WaivedIFP |
consecutive-sentencing criminal-procedure due-process effective-assistance-of-counsel plea-bargaining right-to-counsel sixth-amendment trial trial-rights |
DOES A DEFENDANT'S RIGHT TO THE EFFECTIVE ASSISTANCE OF COUNSEL DURING PLEA BARGAINING INCLUDE BEING ACCURATELY ADVISED BY COUNSEL OF THE POTENTIAL FO… |
| 19-6380 |
Emerson L. Beverly v. Sherry L. Burt, Warden |
Sixth Circuit |
2019-10-24 |
Denied |
Response WaivedIFP |
14th-amendment 6th-amendment criminal-procedure due-process eighth-amendment fair-trial fair-trial-14th-amendment fair-trial-6th-amendment fourteenth-amendment prosecutorial-misconduct red-herring sentencing-review sixth-amendment |
I. DID THE PROSECUTOR 'S REPEATED REFERENCE TO PETITIONER 'S
DEFENSE AS A "RED HEARING " CONSTITUTE MISCONDUCT THEREBY
DENYING PETITIONER A FAIR TRI… |
| 19-6393 |
Jean-Paul Gamarra v. United States |
District of Columbia |
2019-10-24 |
Denied |
Response WaivedIFP |
civil-rights competency criminal-competency criminal-procedure due-process expert-testimony involuntary-medication involuntary-treatment mental-health psychiatric-testimony trial-fairness |
In Sell v. United States, 539 U.S. 166, 179 (2003), this Court held that "the Constitution permits the Government involuntarily to administer antipsyc… |
| 19-6367 |
James Eugene Keiser v. Ricky Foxwell, Warden, et al. |
Fourth Circuit |
2019-10-23 |
Denied |
Response WaivedIFP |
28-usc-2253 certificate-of-appealability civil-procedure constitutional-rights criminal-procedure due-process effective-assistance-of-counsel habeas-corpus ineffective-assistance-of-counsel sixth-amendment standing trial-errors |
1. Whether the 4th Circuit exceeded the limited scope of the
COA analysis which was an error, albeit Petitioner met the
requirement showing of denia… |
| 19-6332 |
Walter Glenn v. United States |
Fifth Circuit |
2019-10-23 |
Denied |
Response WaivedIFP |
4th-amendment consent-to-search criminal-procedure fourth-amendment leadership-role obstruction-of-justice rental-vehicle search-and-seizure sentencing-guidelines standing standing-civil-procedure standing-doctrine traffic-stop |
1. In September 2014, did a relief driver of a rental vehicle, driving with permission of the lessee, although contractually unauthorized, have standi… |
| 19-6343 |
Antoine Richmond v. United States |
Seventh Circuit |
2019-10-23 |
Denied |
IFP |
4th-amendment criminal-procedure felon-in-possession fourth-amendment home-entry home-privacy probable-cause reasonable-suspicion search-and-seizure warrantless-search |
Police officers were patrolling a residential neighborhood when they saw Petitioner walking on the sidewalk. They saw that he had something in his fro… |
| 19-6350 |
Maurice Antoine-Hake Dobson-El v. Michigan |
Michigan |
2019-10-23 |
Denied |
Response WaivedIFP |
6th-amendment civil-procedure civil-rights criminal-procedure due-process habeas-corpus jurisdiction sentencing speedy-trial standing |
Was Petitioner's constitutional right to a speedy trial violated? |
| 19-6351 |
Geoffrey Elkington v. Michael Clark, Superintendent, State Correctional Institution at Albion, et al. |
Third Circuit |
2019-10-23 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure due-process evidence exculpatory-evidence habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prejudice prejudice-standard state-court-deference trial-counsel |
Did the Third Circuit err in deferring to the State Court finding that Petitioner was not prejudiced by Petitioner's trial attorney failing to enter i… |
| 19-6357 |
James Alton Turner, Jr. v. United States |
Eighth Circuit |
2019-10-23 |
Denied |
Response WaivedIFP |
28-usc-2255 acca-interpretation criminal-procedure due-process,criminal-procedure,sentencing,acca,joh elements-clause habeas-relief johnson-retroactivity johnson-v-united-states residual-clause sentencing-court sentencing-guidelines violent-felonies |
(1)
Whether, where the record is unclear, a 28 U.S.C. § 2255 petitioner residual clause to determine that his prior offenses were violent felonies, be… |
| 19-6315 |
John David Stahlman v. United States |
Eleventh Circuit |
2019-10-22 |
Denied |
Response WaivedIFP |
5th-amendment circuit-split constitutional-law criminal-procedure due-process federal-criminal-law fifth-amendment sentencing statutory-interpretation title-18-usc-2422(b) |
1.) DID THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA, AND SUBSEQUENTLY THE COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, VIOLATE T… |
| 19-6321 |
Michael J. Prance v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2019-10-22 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process effective-assistance-of-counsel plea-withdrawal right-to-counsel sixth-amendment |
Whether there is a Sixth Amendment right to counsel during plea withdrawal proceedings? |
| 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 |
1. DID THE PRE-TRIAL DESTRUCTION OF EVIDENCE BY THE STATE
DENY THE PETITIONER HIS RIGHT TO DUE PROCESS AND A FAIR
TRIAL, THUS DENYING HIM THE ONLY EV… |
| 19-6328 |
Antonio Leonard Brown v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-10-22 |
Denied |
Relisted (2)IFP |
civil-rights constitutional-violation criminal-procedure criminal-sentencing due-process equal-protection federalism habeas-corpus jurisdictional-issue jury-selection mandatory-minimum state-criminal-procedure |
Does A State Constitutional violation Rise to the same severity As A United States Constitutional violation?
If a majority of en banc Justices in A s… |
| 19-6333 |
Juan Gabriel Angulo-Cabrera v. United States |
Ninth Circuit |
2019-10-22 |
Denied |
Response WaivedIFP |
codefendant criminal-procedure due-process effective-attorney evidence evidentiary-hearing false-accusations ineffective-assistance phone-records right-to-counsel sixth-amendment trial trial-counsel |
1). Whether the District and Appellate Courts erred in denying Defendant an
evidentiary hearing on his claim of ineffective assistance of trial couns… |
| 19-6340 |
Jonathon William-Durand Neuhard v. United States |
Sixth Circuit |
2019-10-22 |
Denied |
Response WaivedIFP |
comity criminal-procedure due-process evidence federalism integrity-of-state-proceedings statutory-construction statutory-construction-federal-question-due-proces statutory-interpretation |
Whether the federal court of appeals below correctly found that the determination of whether a state adjudication qualifies as a prior conviction unde… |
| 19-6341 |
Charles Raymond Stagner v. United States |
Eleventh Circuit |
2019-10-22 |
Denied |
Response WaivedIFP |
criminal-intent criminal-procedure drug-crimes due-process evidence-admissibility fifth-amendment intent methamphetamine-possession sentencing sentencing-reduction sufficiency-of-evidence |
Whether the Fifth Amendment Guarantees the Petitioner the Right to a Judgment of Acquittal If the Government Fails to Prove the Petitioner Intended to… |
| 19-6345 |
William N. Lucy v. Mary Cooks |
Eleventh Circuit |
2019-10-22 |
Denied |
Response WaivedRelisted (2)IFP |
abuse-of-discretion appellate-review bankruptcy-proceedings certiorari-petition civil-procedure criminal-procedure due-process eviction habeas-corpus judicial-error post-conviction-relief property-rights standing trial-court-discretion |
1. DID MOBILE COUNTY CIRCUT COURT JUDGE ROBERT SMITH ABUSE HIS DIBCRETION BY GRANTING EVICTION ORDER IN CIVIL CASE# CVI-O852 WHILE PETITIONER WERE IN … |
| 19-525 |
Steve Cooley, et al. v. National Abortion Federation |
Ninth Circuit |
2019-10-22 |
Denied |
Response Waived |
appellate-jurisdiction civil-rights contempt contempt-sanction criminal-procedure due-process effective-assistance-of-counsel effective-counsel preliminary-injunction sanctions sixth-amendment younger-abstention |
How can a state court criminal defendant enjoy his Sixth Amendment right to effective counsel when his state court criminal counsel have been held in … |
| 19-528 |
John Wayne Scantlebury, et al. v. United States |
District of Columbia |
2019-10-22 |
Denied |
Response Waived |
appellate-jurisdiction article-iii collateral-attack criminal-procedure cross-border-tort due-process federal-officer-liability final-judgment minimum-contacts personal-jurisdiction |
(1) Whether criminal appeals from dismissals without prejudice are "final" under 28 U.S.C. §1291.
(2) Whether personal jurisdiction's minimum contact… |
| 19-530 |
James Kerr Schlosser v. United States |
Third Circuit |
2019-10-22 |
Denied |
Response Waived |
civil-rights constitutional-rights criminal-procedure due-process evidence-denial judicial-misconduct mens-rea reasonableness religious-beliefs restitution right-to-a-complete-defense state-of-mind statutory-authority willfulness |
1. Whether the lower courts erred regarding the denied evidence, violating the defendant's constitutional right to a complete defense, if the evidence… |
| 19-6314 |
Ralph Willard Savoie v. United States |
Fifth Circuit |
2019-10-21 |
Denied |
Response WaivedIFP |
conflict-of-interest criminal-procedure due-process haymond-v-united-states parole plea-agreement precedent sentencing statutory-interpretation suborned-perjury supervised-release supreme-court supreme-court-precedent united-states-v-watts waiver-of-appeal |
[1] Can United States v. Watts stand in light of recent holdings in Haymond v. United States?
[2] Does a waiver of appeal, in light of Garza v. Idaho… |
| 19-6327 |
Lorenzo Lorta v. Stuart Sherman, Warden |
Ninth Circuit |
2019-10-21 |
Denied |
IFP |
amendments california-penal-code circumstances civil-rights constitutional-law criminal-procedure due-process judicial-review legal-precedent modification-of-sentence parole sentencing statutory-interpretation |
Refexto All attachmentoregarding
questions of Las
V
E an Modification of Sentence and Re-sentence Lnder
5
Y6 positibn 57 Also, Under ColiForriaPenal C… |
| 19-6305 |
Ilma Alexandra Soriano Nunez v. United States |
Third Circuit |
2019-10-18 |
Denied |
Response WaivedIFP |
bail-bond bail-release civil-rights criminal-procedure custody due-process immigration immigration-detention immigration-orders non-citizen release statutory-period unsecured-bail |
Whether a non-citizen defendant, granted unsecured bail, whom immigration officials have failed to take into custody during the statutory 10-day perio… |
| 19-6306 |
Jonathan Mota v. United States |
Ninth Circuit |
2019-10-18 |
Denied |
IFP |
circuit-split commerce-clause constitutional-law criminal-law criminal-procedure due-process hobbs-act interstate-commerce ninth-circuit statutory-interpretation |
1. Whether the Ninth Circuit incorrectly held—in conflict with the decisions of several other circuits—that to violate the Hobbs Act, 18 U.S.C. § 1951… |
| 19-498 |
Raymond L. Rogers v. United States |
Tenth Circuit |
2019-10-18 |
Denied |
Response Waived |
28-usc-2253 28-usc-2255 certificate-of-appealability criminal-procedure criminal-prosecution fifth-amendment habeas-corpus immediate-release sixth-amendment subject-matter-jurisdiction |
Whether or not the Tenth Circuit Court of Appeals [erred], when denying (1).
your Petitioner, a certificate of appealability (COA) pursuant to 28
U.S.… |
| 19-499 |
Henry Posada v. United States |
Seventh Circuit |
2019-10-18 |
Denied |
Response Waived |
appeals-court-error appellate-review clear-error criminal-procedure district-court-error evidence government-evidence government-surveillance healthcare-billing loss-amount loss-calculation medical-fraud patient-records sentencing standard-of-review |
Whether the court of appeals erred in determining that the district court did not clearly err in accepting the government's assertion that Mr. Posada … |
| 19-491 |
Nilesh Bharatkumar Kumar v. United States |
Ninth Circuit |
2019-10-17 |
Denied |
Response Waived |
criminal-procedure hill-v-lockhart immigration-law ineffective-assistance ineffective-assistance-of-counsel legal-resident plea-agreement plea-bargaining prejudice-analysis strickland-standard strickland-v-washington |
To establish prejudice under Strickland v. Washington, 466 U.S. 668 (1984), a defendant who has pleaded guilty based on deficient advice from his atto… |
| 19-6280 |
Jose Soto v. United States |
Ninth Circuit |
2019-10-17 |
Denied |
Response WaivedIFP |
burden-of-proof circuit-split criminal-procedure due-process federal-courts federal-criminal-procedure harmless-error prosecutorial-misconduct |
Should the government bear the burden of establishing the harmlessness of a
properly preserved claim of prosecutorial misconduct in a federal criminal… |
| 19-6283 |
Daryl Scott v. United States |
District of Columbia |
2019-10-17 |
Denied |
Response WaivedIFP |
criminal-procedure dna-evidence due-process fair-trial government-misconduct judicial-integrity mesarosh-v-united-states military-justice post-conviction-relief post-trial-discovery witness-credibility |
Is the widespread fabrication and destruction of false DNA evidence by a government chemist for use at trial against U.S. servicemembers, and the fail… |
| 19-6288 |
Ron Christopher Whitley v. United States |
Fourth Circuit |
2019-10-17 |
Denied |
Response WaivedIFP |
18-usc-3553(a) 18-usc-3553a appellate-review criminal-procedure criminal-sentencing drug-case drug-offense drug-offenses judicial-discretion proportionality-review sentencing-departure sentencing-factors sentencing-guidelines |
Whether the 156-month sentence is greater than necessary to comply with the purposes of sentencing under 18 U.S.C. § 3553(a) where the district court … |
| 19-6289 |
Brian Thomas Mohr v. United States |
Fifth Circuit |
2019-10-17 |
Denied |
IFP |
appellate-procedure case-review circuit-court-case criminal-law criminal-procedure due-process judicial-reconsideration jury-instructions legal-probability rehaif-v-united-states remand standard-of-review statutory-interpretation supreme-court-precedent |
1. Whether there is a reasonable probability of different result if the court below is directed to reconsider its judgment in light of Rehaif v. Unite… |
| 19-6290 |
Servando Pineda-Castellanos v. United States |
Fifth Circuit |
2019-10-17 |
Denied |
IFP |
burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum |
Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 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,… |
| 19-6297 |
Aleisha O. Gray v. United States |
Fifth Circuit |
2019-10-17 |
Denied |
Response WaivedIFP |
alien-transportation conspiracy criminal-law criminal-procedure evidence immigration immigration-law obstruction-of-justice sentencing-guidelines sufficiency-of-evidence |
I.
Is there insufficient evidence to warrant a finding of guilty for conspiracy to
transport undocumented aliens and for transporting undocumented ali… |
| 19-6299 |
Victor Lopez v. Sterling Correctional Facility, et al. |
Tenth Circuit |
2019-10-17 |
Denied |
Response WaivedIFP |
10th-circuit appeals case-enhancement criminal-procedure due-process habeas-corpus imprisonment ineffective-assistance innocence judicial-review sentencing-enhancement substantial-innocence |
Whether Mr Lopez should be in prison on a case that the 1OTH Circuit found substantial Innocence on and the Trial Court Dismis sing 3 cases that were … |
| 19-6301 |
Jerry W. Jenkins v. United States |
Eighth Circuit |
2019-10-17 |
Denied |
Response WaivedIFP |
6th-amendment due-process presumed-innocent sentencing testimony trial 6th-amendment civil-rights constitutional-rights criminal-procedure criminal-proceeding due-process evidence-admission ineffective-assistance-of-counsel presumption-of-innocence sixth-amendment |
2# WhetheR MR.JenKiNS RighTs to ThE uNited StAZE CONSTituTION
WEeE ViOlAted When The GoveRMent INFRiNged uPon His Rights to BE
PRiOR CrimiNAL HiStORy … |
| 19-6265 |
Alex Knight v. United States |
Eleventh Circuit |
2019-10-16 |
Denied |
IFP |
acquitted-conduct criminal-procedure double-jeopardy due-process fifth-amendment jury-trial sentencing sixth-amendment |
Whether the Fifth and/or Sixth Amendments are violated when a district court increases a criminal defendant's sentence based upon conduct for which a … |
| 19-6271 |
Gary Patrick Lewis v. Michigan |
Michigan |
2019-10-16 |
Denied |
IFP |
affidavit-of-indigency appointed-counsel arson-conviction criminal-appeal criminal-procedure due-process in-forma-pauperis indigency indigent-defendant michigan-court right-to-counsel state-appellate-defender state-court-appeal |
Question not identified. |
| 19-6276 |
Robert Wayne Wilson, Jr. v. California |
California |
2019-10-16 |
Denied |
Response WaivedIFP |
child-sexual-abuse constitutional-rights criminal-procedure due-process false-allegations jury-trial presumption-of-innocence trial-by-jury |
In a prosecution for child sexual abuse, does testimony that only four percent of child sexual abuse allegations are false violate the defendant's rig… |
| 19-6234 |
Kelvin Melton v. United States |
Fourth Circuit |
2019-10-15 |
Denied |
Response WaivedIFP |
5th-amendment 6th-amendment appeal civil-rights constitutional-law criminal-procedure due-process self-representation |
Whether an appellant has the right to self-representation under the Sixth Amendment or the Due Process Clause of the Fifth Amendment. |
| 19-489 |
Lawrence G. Hutchins, III v. United States |
Armed Forces |
2019-10-15 |
Denied |
Response Waived |
acquittal collateral-estoppel conspiracy criminal-charge criminal-charges criminal-procedure double-jeopardy issue-preclusion military-justice retrial |
Whether the right under the Double Jeopardy Clause to the issue preclusive effect of an acquittal applies where precluded and un-precluded facts are a… |
| 19-6246 |
Shafia M. Jones v. Wisconsin |
Wisconsin |
2019-10-11 |
Denied |
Response WaivedRelisted (2)IFP |
alford-plea bank-robbery criminal-procedure due-process federal-jurisdiction federal-preemption state-jurisdiction supremacy-clause |
1. Whether state law that interferes with and conflicts with the Federal Bank Robbery Act and Federal Stat18 USCS § 2113, that was intended to ue comp… |
| 19-6252 |
Edinson Herrera Ramirez v. Maryland |
Maryland |
2019-10-11 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
abuse-of-discretion appellate-review biased-jury criminal-procedure discretion ineffective-assistance ineffective-assistance-of-counsel judicial-discretion jury-selection legal-standard maryland-court-of-appeals peremptory-challenge peremptory-strike prejudice |
WHETHER THE MARYLAND COURT OF APPEALS ERRED AND ABUSED ITS DISCRETION IN HOLDING THAT PETITIONER HAD RECEIVED INEFFECTIVE ASSISTANCE OF COUNSEL BY COU… |
| 19-6253 |
Adam Strege v. United States |
First Circuit |
2019-10-11 |
Denied |
Response WaivedIFP |
civil-rights constitutional-challenge criminal-procedure delegation-of-authority due-process judicial-discretion law-enforcement-discretion mental-competence mental-disease mental-health reasonable-cause sentencing standing vagueness vagueness-doctrine |
Question Presented is 18 USCS 4246 4248 4241(d) Unconstitutionally Vague lacking definitive standards by failing to aprise;persons of Ordinary intelli… |
| 19-6264 |
Orane Nelson v. United States |
Second Circuit |
2019-10-11 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
criminal-law criminal-procedure direct-appeal first-step-act retroactivity sentencing sentencing-enhancement statutory-interpretation |
Petitioner was convicted of three 18 U.S.C. § 924(c) offenses in a
single proceeding and was sentenced to enhanced minimum penalties
under § 924(c)(1)… |
| 19-6266 |
Willie Jones, Jr. v. United States |
Ninth Circuit |
2019-10-11 |
Denied |
Response WaivedIFP |
conflict-among-courts constitutional-law court-of-appeals criminal-procedure dilatory-conduct dilatory-purpose dilatory-purposes faretta-right faretta-v-california federal-courts self-representation sixth-amendment sixth-amendment-right-to-self-representation state-courts |
Did the Ninth Circuit's disposition of Petitioner's Faretta claim, which permitted the district court to deny it after determining that Petitioner had… |
| 19-6201 |
Ronn Darnell Sterling v. United States |
Eleventh Circuit |
2019-10-10 |
Denied |
Response WaivedIFP |
appeal bank-robbery constitutional-rights criminal-procedure due-process evidence-admission evidentiary-issues false-evidence improper-cross-examination ineffective-assistance ineffective-assistance-of-counsel prior-conviction-evidence prosecutorial-misconduct |
Could reasonable jurists disagree whether the District Court's refusal of 28 U.S.C. § 2255 motion before pre-trial trial, and Appellant counsel was co… |
| 19-6202 |
Manuel Rodriguez-Santana v. United States |
First Circuit |
2019-10-10 |
Denied |
Response WaivedRelisted (2)IFP |
affidavit constitutional-procedure criminal-complaint criminal-procedure federal-rules-of-criminal-procedure fifth-amendment fourth-amendment magistrate magistrate-review probable-cause |
No. 1 Whether the District Court Violated the Fourth and Fifth Amendment; Federal jlule Criminal Procedure(Rules 3-4) When it Accepjted; an Accusation… |
| 19-6228 |
Anson Chi v. Andrew Stover, et al. |
Fifth Circuit |
2019-10-10 |
Dismissed |
Response WaivedIFP |
attorney-misconduct civil-procedure civil-rights conspiracy constitutional-rights criminal-procedure due-process government-misconduct habeas-corpus judicial-review medical-records post-conviction-review procedural-default torture |
1. Was the US. Court of Appeals unfair for intentionally delaying the mailing of its December 19, 2013, opinion/memorandum, then mailing it 20 days be… |
| 19-6240 |
John Lee Norris v. United States |
Eighth Circuit |
2019-10-10 |
Denied |
Response WaivedIFP |
10th-amendment 5th-amendment 9th-amendment civil-rights constitutional-rights criminal-procedure due-process federal-criminal-jurisdiction judicial-standing plea-agreement standing subject-matter-jurisdiction supremacy-clause |
Whether the United States Court's for the Eighth circuit has failed to to adhere to the accepted and usual course of Judicial proceedings established … |
| 19-6243 |
Jackie Ray Patrick v. Mississippi |
Mississippi |
2019-10-10 |
Denied |
Response WaivedIFP |
constitutional-challenge criminal-procedure criminal-procedure-defects due-process indictment indictment-validity jurisdiction jurisdictional-issue mississippi-law standing state-law void-for-failure-to-state-offense void-for-vagueness |
WHETHER PATRICK'S CONVICTION AND SENTENCE DERIVED FROM A DEFECTIVE INDICTMENT WHEREAS THERE IS NO EVIDENCE THAT THE INDICTMENT OR CHARGE(S) WHICH PATR… |
| 19-6199 |
Emeterio Espino Ramirez v. United States |
Fifth Circuit |
2019-10-09 |
Denied |
IFP |
burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum |
I. Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and ei… |
| 19-6200 |
Michael Scott Smith v. Florida |
Florida |
2019-10-09 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
actual-innocence constitutional-claims criminal-procedure double-jeopardy due-process florida-statutes habeas-corpus indictment jurisdiction lesser-included-offenses post-conviction-relief procedural-default state-court statute-of-limitations statutory-interpretation |
Can a State Court indict an accused on one of the tried crime merely being in the quise a theory of crime of the Florida Statutes. and each are comple… |
| 19-6205 |
Ruben Navarrete-Felix v. United States |
Ninth Circuit |
2019-10-09 |
Denied |
Response WaivedIFP |
18-usc-3553(a) 18-usc-3553a abuse-of-discretion criminal-procedure criminal-sentencing due-process judicial-policy recidivism sentencing-discretion sentencing-factors |
Is it an abuse of discretion to sentence a recidivist pursuant to a blanket policy of always imposing a longer sentence than the defendant previously … |
| 19-6216 |
Maxcium Herring v. L. S. McEwen, Warden |
Ninth Circuit |
2019-10-09 |
Denied |
IFP |
appeal civil-rights constitutional-rights criminal-procedure due-process evidence-admission jury-instructions jury-misconduct sentencing standard-of-review trial-errors waiver |
If a self represenTed defendanT Taks THE wiTNss sTNd in hiso heR detense whether oNe continves To represent her or himself or whethr The Trial COT mU … |
| 19-6218 |
Timothy Milton Boone v. Maryland |
Maryland |
2019-10-09 |
Denied |
IFP |
14th-amendment assault burden-of-proof burglary constitutional-requirements criminal-intent criminal-procedure due-process elements-of-crime first-degree-assault first-degree-burglary maryland-code maryland-criminal-code reasonable-doubt |
1 DID THE LOWER COURT ERROR BY FAILING TO PROVE THE FIRST DEGREE ASSAULT
ELEMENT S WITH INTENT TWO COMIT CRIME OF VIOLENCE P
2 DID THE LOWER COURT ER… |
| 19-6221 |
George E. Brown, Jr. v. United States |
Eighth Circuit |
2019-10-09 |
Denied |
Response WaivedIFP |
appeals appellate-procedure certificate-of-appealability civil-rights criminal-procedure due-process federal-courts habeas-corpus judicial-review legal-standard procedural-requirements standing |
WHEN A DEFENDANT MEETS THE REQUIREMENTS FOR ISSUANCE OF A
CERTIFICATE OF APPEALABILITY (COA) IS HE THEN ENTITLED TO
CERTIFICATE OF APPEALABILITY? ISS… |
| 19-6223 |
Kermit B. Harris v. Charmaine Bracy, Warden |
Sixth Circuit |
2019-10-09 |
Denied |
IFP |
14th-amendment charging-offense constitutional-rights criminal-procedure custody-without-charge due-process equal-protection finality finality-of-sentence fourteenth-amendment police-officer police-shooting |
1.CAN A STATE TRIAL COURT DISREGARD A DEFENDANT'S CONSTITUTIONAL RIGHT TO DUE PROCESS OF LAW UNDER THE lAthuAMENDMENT OF THE UNITED STATES CONSTITUTIO… |
| 19-6230 |
Claudius L. Fincher v. United States |
Seventh Circuit |
2019-10-09 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
criminal-procedure due-process factual-question jury-determination jury-trial mandatory-minimum safety-valve safetyvalve-statute sentencing sixth-amendment |
Does the district court's resolution of a contested factual question under 18 U.S.C. § 3553(f) (safety-valve statute) for the purpose of determining w… |
| 19-6232 |
Jason James Neiheisel v. United States |
Eleventh Circuit |
2019-10-09 |
Denied |
Response WaivedIFP |
appellate-review burden-of-proof circuit-split criminal-conviction criminal-procedure demeanor due-process jury-verdict prosecutorial-questioning reversible-error substantive-evidence sufficiency-of-evidence |
Whether the Eleventh Circuit, on review for sufficiency of evidence, can affirm a conviction citing the verdict itself; on the supposition the jury co… |
| 19-6233 |
Alshaqah Tariq Powell v. United States |
Third Circuit |
2019-10-09 |
Denied |
IFP |
4th-amendment civil-procedure consent consent-search consent-to-search constitutional-rights criminal-procedure due-process expectation-of-privacy fourth-amendment involuntary-consent traffic-stop vague-consent-form vagueness |
The questions important to this case are:
I. Whether Petitioner had the Fourth Amendment rights as a United States Citizen to be advised of his right… |
| 19-468 |
Keesha Elayne Frye v. United States |
Fourth Circuit |
2019-10-09 |
Denied |
Response Waived |
appellate-review burden-of-proof criminal-procedure due-process indictment indictment-redaction jury jury-deliberation jury-instructions meaningful-review redaction standard-of-review |
What is the correct standard to determine whether a criminal defendant is denied meaningful appellate review when the district court destroys the only… |
| 19-456 |
John Buncich v. United States |
Seventh Circuit |
2019-10-07 |
Denied |
Response Waived |
appellate-review chapman-error credibility credibility-assessment criminal-procedure due-process evidence evidentiary-standard harmless-error judicial-discretion rule-404(b) |
Where there is a finding of Chapman error, does the appellate court err by relying on its own assessment of the credibility of the defendant's testimo… |
| 19-6166 |
Sean Lee Strandberg v. Carmen Denise Palmer, Warden |
Sixth Circuit |
2019-10-07 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure defense-mechanism due-process evidence evidence-conflict judicial-proceedings polygraph polygraph-evidence presumed-land sixth-amendment sixth-circuit state-lien strickland-v-washington united-states-supreme-court washington-v-hovey |
Whether the executive system lien has able to come the decision of the presume and mittence as polygraph evidence conflict with or departs from accept… |
| 19-6175 |
K. S. v. Contra Costa County Children & Family Services Bureau |
California |
2019-10-07 |
Denied |
Relisted (2)IFP |
california-welfare-and-institution-code civil-procedure civil-rights constitutional-rights criminal-procedure due-process equal-protection federalism fifth-amendment fourteenth-amendment santosky-v-kramer sixth-amendment standing supreme-court-precedent welfare-code |
Whether the application of California Welfare and Institution Code, in this case, violated petitioner's constitutional rights under the Fifth, Sixth a… |
| 19-6178 |
Jose Bryan Gonzalez v. United States |
Fifth Circuit |
2019-10-07 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-law criminal-procedure due-process federal-firearms-law firearm-possession interstate-commerce jurisdictional-element mens-rea statutory-interpretation |
Whether 18 U.S.C. §922(n) authorizes conviction upon proof that a firearm once crossed state lines at an unspecified prior occasion, when there is no … |
| 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 … |
| 19-6183 |
Reginald Chatman v. Florida |
Florida |
2019-10-07 |
Denied |
IFP |
constitutional-law constitutional-rights contract-law criminal-procedure death-penalty due-process equal-protection florida-law plea-bargain plea-bargaining sentencing state-prosecution |
1. The Defend aat Reginald chatman entered into a negotiated agrerment uith the Florida State Attorneys office Ast Nathan Prince. for a ten Year D.oc.… |
| 19-6192 |
Lagenza Junious v. Pennsylvania |
Pennsylvania |
2019-10-07 |
Denied |
IFP |
criminal-procedure diminished-capacity ineffective-assistance ineffective-assistance-of-counsel involuntary-intoxication involuntary-plea mens-rea plea-bargaining sixth-amendment strickland-standard strickland-v-washington |
1. PETITIONER, LAGENZA JUNIOUS, ALLEGED THAT HIS TRIAL COUNSEL WAS INEFFECTIVE FOR FAILING TO RAISE A DIMINISHED CAPACITY DEFENSE TO FIRST DEGREE MURD… |
| 19-6195 |
Alejandro Martinez v. United States |
Ninth Circuit |
2019-10-07 |
Denied |
IFP |
18-usc-924c3b civil-rights collateral-review constitutional-law criminal-procedure equal-protection federal-appeals pro-se-petition retroactive-application retroactivity supreme-court-review unconstitutionally-vague united-states-courts united-states-v-davis vagueness |
(1) DOES THIS COURTS DECISION IN UNITED STATES V. DAVIS 588 U.S. 139 S.Ct.2319 (2019) HOLDING THAT 18.U.S.C S 924()(3)(B) IS ALSO UNCONSTITUTIONALLY V… |
| 19-6196 |
Frank D. Monsegue, Sr. v. United States |
Eleventh Circuit |
2019-10-07 |
Denied |
Response WaivedRelisted (2)IFP |
appeals appointment-of-counsel civil-procedure civil-rights constitutional-law criminal-procedure due-process ineffective-assistance-of-counsel right-to-appeal right-to-be-informed standing |
a warrantless arrest, without search or warrant to enter a home without exigent circumstances is a constitutional violation under the 4TH Amendment?.
… |
| 19-6154 |
Joanthony Deaundre Johnson v. Missouri |
Missouri |
2019-10-04 |
Denied |
Response WaivedIFP |
cell-phone criminal-procedure digital-evidence fifth-amendment fourth-amendment particularity-requirement search-and-seizure self-incrimination warrant-particularity |
1. Whether a warrant authorizing the search of a cell phone and describing the things to be seized as "all data/software" pertaining to the crimes is … |
| 19-6165 |
Ricky G. Davis v. Virginia |
Virginia |
2019-10-04 |
Denied |
IFP |
6th-amendment constitutional-rights court-appointed-counsel criminal-procedure due-process pro-se pro-se-representation probation right-to-counsel self-representation sixth-amendment standing |
CAN VIRGINIA CONSTITUTIONALLY HALE A PERSON INTO ITS CRIMINAL COURTS AND THERE FORCE A LAWYER UPON HIM, EVEN WHEN HE INSIST THAT HE WANTS TO CONDUCT H… |
| 19-6169 |
In Re Anthony Brawner |
|
2019-10-04 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure due-process federalism jurisdiction mandamus maryland-jurisdiction sixth-amendment subject-matter-jurisdiction trial-rights venue |
1. Does the District of columbia superior cour+ nave subject -Matterjurisdict ion _over crimes that happen in nthe Stateof_Maryland.
2. Does the peti… |
| 19-6171 |
Jorge Sanchez-Rodriguez v. Louisiana |
Louisiana |
2019-10-04 |
Denied |
IFP |
appeal appellate-review child-interview criminal-procedure due-process evidence insufficient-evidence judicial-error standard-of-review sufficiency-of-evidence trial-court-error witness-testimony |
1. DID THE STATE APPELLATE COURT AND THE LOUISIANA SUPREME COURT
ERR IN DENYING PETITIONER 'S APPEAL BECAUSE THE EVIDENCE
PRESENTED AT TRIAL WAS INSUF… |
| 19-6174 |
David Anthony Lee v. Darrel Vannoy, Warden |
Fifth Circuit |
2019-10-04 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process federal-law fourteenth-amendment fourteenth-amendment-rights habeas-corpus ineffective-assistance-of-counsel sixth-amendment sixth-amendment-rights state-court-proceedings |
1. Whether Mr. Lee's conviction was obtained in violation of his Sixth and Fourteenth Amendment rights of the United States Constitution.
2. Whether … |
| 19-449 |
In Re Arthur Edward Ezor |
|
2019-10-04 |
Denied |
Response Waived |
constitutional-error criminal-procedure due-process equal-protection fair-trial prosecutorial-misconduct sixth-amendment writ-of-mandate |
1. Was it was a denial of procedural and substantive due process for the lower Court to not order dismissal of the subject criminal case with prejudic… |
| 19-6132 |
Christian Joseph Chavez v. United States |
Fifth Circuit |
2019-10-03 |
Denied |
Response WaivedIFP |
appeal-waiver circuit-split criminal-procedure due-process judicial-review miscarriage-of-justice plea-agreement sentencing |
The Fifth Circui t Court of Appe als has held that to determine
whether an appea l of a sente nce is barred by an appe al wai ver pro vision
in a plea… |
| 19-6133 |
Jeremy S. Cochran v. Maryland |
Maryland |
2019-10-03 |
Denied |
Response WaivedIFP |
appeals civil-procedure civil-rights conviction convictions criminal-procedure due-process free-speech jurisdiction standing |
PiV court oC Apymic 0f ^acyia»j- er \
Sfyycsfy ; on Appeal,
P< J phe coupt- cf
(Auph aC Appeals
C6y)V\ c)~\or)*1 n
special Appeal ah(4
error | „ p… |
| 19-6141 |
Donnie Ray Jose v. United States |
Ninth Circuit |
2019-10-03 |
Denied |
Response WaivedIFP |
criminal-procedure discovery-violation discovery-violations due-process judicial-discretion plea-negotiations prejudice prosecutorial-misconduct sanctions trial-strategy |
When a federal prosecutor concedes a serious discovery violation shortly before trial, should the district court's response take into account, among o… |
| 19-6145 |
Anthony Mark Smith, Jr. v. Virginia |
Virginia |
2019-10-03 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure due-process evidence evidence-admissibility fair-trial hearsay precedent standard-of-proof victim-testimony |
In light of the decisions in Jackson v Virginia, 443 U.S. 307 (1979), whether the trial court erred in finding the petitioner guilty beyond a reasonab… |
| 19-6149 |
Desmond Williams v. United States |
Eighth Circuit |
2019-10-03 |
Denied |
Response WaivedIFP |
aiding-and-abetting civil-procedure civil-rights commentary conspiracy controlled-substance criminal-procedure due-process equal-protection federal-jurisdiction legal-analysis legal-citation legal-issues legal-research legal-terminology legal-writing sentencing-commission standing |
Whether the Sentencing Commission violated the separation-of-powers doctrine when it added the offenses of conspiring, aiding and abetting, and attemp… |
| 19-6150 |
Chad M. Cutler v. Illinois |
Illinois |
2019-10-03 |
Denied |
Response WaivedRelisted (2)IFP |
appellate-procedure civil-procedure civil-rights criminal-procedure due-process evidence evidentiary-rules expert-testimony hearsay hearsay-statements prosecutorial-misconduct standards-of-review supreme-court-conflict |
1. WILL THIS COURT ADDRESS THE CONFLICT BETWEEN THE ILLINOIS APPELLATE COURT AND BOTH THE ILLINOIS SUPREME COURT AND APPELLATE COURT OVER ILLINOIS RUL… |
| 19-6151 |
Ahmed Ali v. Tammy Foss, Acting Warden, et al. |
Ninth Circuit |
2019-10-03 |
Denied |
Response RequestedRelisted (2)IFP |
appellate-review certificate-of-appealability constitutional-rights criminal-procedure criminal-procedure-rights due-process habeas-corpus jury-instruction jury-instructions third-party-culpability trial-court |
Whether the Court of Appeals erred in denying a Certificate of Appealability on his claim that he was denied his right to present a defense by the tri… |
| 19-6152 |
Marian Papacsi Owens v. Sue Mickens, Warden, et al. |
Eleventh Circuit |
2019-10-03 |
Denied |
Response WaivedIFP |
certificate-of-appealability criminal-defense criminal-procedure effective-assistance-of-counsel habeas-corpus ineffective-assistance-of-counsel judicial-discretion mental-illness right-to-counsel right-to-testify trial-counsel trial-judge trial-procedure |
1. Did the Court of Appeals err below in denying Ms. Owens a COA as to whether Ms. Owens received effective assistance of counsel when the trial judge… |
| 19-6125 |
Francis G. Hernandez v. Ronald Davis, Warden |
Ninth Circuit |
2019-10-02 |
Denied |
IFP |
appellate-review child-abuse criminal-procedure diminished-capacity habeas-corpus head-injuries ineffective-assistance ineffective-assistance-of-counsel mental-illness ninth-circuit prejudice-analysis strickland-standard strickland-v-washington |
1. Counsel admitted that he did not know that his chosen defense, diminished capacity, could be based upon mental illness. As a result, counsel never … |
| 19-6135 |
Kelvin Townsend v. United States |
Eleventh Circuit |
2019-10-02 |
Denied |
Response WaivedIFP |
criminal-procedure due-process freedom-of-information government-transparency grand-jury indictment judicial-oversight sealed-records standing |
IS THE EOVERNMENT REQUIRED TD DBTAIN
A
COURT BRDER FROM THE COURT TO UNSEAL
A
"SEALED CRiMiNAL INDICTMENT |
| 19-6137 |
William Trampas Widmyer v. David Ballard, Warden |
Fourth Circuit |
2019-10-02 |
Denied |
Response WaivedIFP |
5th-amendment 6th-amendment constitutional-amendment criminal-procedure due-process fourth-circuit-court ineffective-assistance-of-counsel miranda-rights police-interview right-to-counsel self-incrimination |
Were the Petitioner's Constitutional Amendment Rights violated when Petitioner's Police interview was used in trial although Petitioner requested Coun… |
| 19-6139 |
Jermaine Stevenson v. Connie Horton, Warden |
Michigan |
2019-10-02 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process juvenile-court juvenile-jurisdiction personal-jurisdiction state-court-procedure transfer void-ab-initio waiver-hearing |
Has Due Process of law been violated, where a child within the permanent custody and jurisdiction of the state Juvenile court is charged as an adult i… |
| 19-6103 |
Farid John Popal v. New York |
New York |
2019-10-01 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process evidence government-misconduct jurisdiction law-enforcement skype-testimony witness witness-coaching witness-testimony |
WHETHER LAW ENFORCEMENT'S COACHING THE WITNESS'AS HOW
TO ANSWER QUESTIONS, WHILE GOVERNMENT WITNESS WAS
TESTIFYING AGAINST THE PETITIONER FROM FLORI… |
| 19-6110 |
Abimael Ayala-Gonzalez v. New York |
New York |
2019-10-01 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
appellate-review brady-violation constitutional-duty criminal-procedure due-process eyewitness-identification federal-claim ineffective-assistance ineffective-assistance-of-counsel meaningful-representation-standard performance-prejudice-test prosecutorial-misconduct sixth-amendment state-appellate-court strickland-standard strickland-v-washington |
During voir dire, my trial counsel repeatedly referred to me as a drug dealer, supplying the prosecution with a motive that would never have survived … |
| 19-6113 |
Jose Armando Bazan v. United States |
Fifth Circuit |
2019-10-01 |
GVR |
Relisted (4)IFP |
appellate-procedure appellate-review cocaine-conspiracy criminal-appeal criminal-procedure criminal-procedure-sentencing downward-adjustment fact-question guidelines plain-error plain-error-review role-adjustment sentencing sentencing-guidelines standard-of-review |
Petitioner, JOSE ARMANDO BAZAN, was charged with and pleaded guilty to conspiring to possess with intent to distribute 500 grams or more of cocaine. T… |
| 19-6115 |
Jose Manuel Aguirre-Ganceda v. United States |
Ninth Circuit |
2019-10-01 |
Denied |
Response WaivedIFP |
actual-innocence collateral-attack criminal-justice criminal-procedure criminal-sentencing drug-conviction due-process federal-law federal-state-comity mandatory-life-sentence mandatory-minimum prior-convictions sentencing sentencing-enhancement state-court-reduction state-law |
Whether a defendant is actually innocent of a mandatory life sentence once a prior state drug conviction relied upon by the District Court is set asid… |
| 19-6117 |
Jaime Ignacio Estrada v. Martin Biter, Warden |
Ninth Circuit |
2019-10-01 |
Denied |
Response WaivedIFP |
criminal-procedure ineffective-assistance ineffective-assistance-of-counsel plea-bargaining plea-offer preponderance-of-evidence right-to-counsel sixth-amendment standard-of-review trial-counsel voluntary-manslaughter |
1. Whether petitioner established by a preponderance of evidence trial counsel's violation of the Sixth Amendment: failure to communicate a favorable … |
| 19-6120 |
Raul Rodriguez v. United States |
Third Circuit |
2019-10-01 |
Denied |
IFP |
18-usc-924(c) categorical-approach circuit-precedent crime-of-violence criminal-law criminal-procedure due-process gvr sentencing statutory-interpretation supreme-court-ruling third-circuit vagueness vagueness-doctrine |
Whether this petition should be granted, the judgment of the Third Circuit vacated, and the case remanded (GVR) to the court of appeals for a determin… |
| 19-6096 |
Jerry Simmons v. Darryl Vannoy, Warden |
Fifth Circuit |
2019-09-30 |
Denied |
Response WaivedRelisted (2)IFP |
biased-judge constructive-denial constructive-denial-of-assistance-of-counsel criminal-procedure ineffective-assistance judicial-bias right-to-counsel right-to-present-defense right-to-self-representation self-representation sixth-amendment structural-error structural-error-doctrine |
Whether the decision by the United States Fifth Circuit Court of Appeals contrary to, or involve an unreasonable application of, clearly established F… |
| 19-6085 |
Frank Amodeo v. United States |
Eleventh Circuit |
2019-09-27 |
Denied |
Response WaivedIFP |
article-iii civil-procedure civil-procedure-standing constitutional-standing criminal-forfeiture criminal-procedure due-process federal-court-procedure federal-courts jurisdiction jurisdictional-hierarchy non-merits-questions standing standing-requirement |
1. This Court's jurisdictional-sequencing decisions establish that a federal court may resolve a case on any non-merits question. This Court holds tha… |
| 19-6086 |
Luis Alberto Torres v. United States |
Ninth Circuit |
2019-09-27 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
burden-of-proof circuit-conflict criminal-procedure federal-criminal-procedure federal-rules-of-criminal-procedure harmless-error sentencing sentencing-error standard-of-review |
In recent years, the Court has granted certiorari to clarify how the plain-error standard of review applies to unpreserved claims of sentencing error.… |
| 19-6087 |
Atif Babar Malik v. United States |
Fourth Circuit |
2019-09-27 |
Denied |
IFP |
appellate-procedure charged-statute circuit-split cotton-precedent criminal-procedure due-process jurisdiction jurisdictional-challenge scope-of-statute statutory-interpretation subject-matter-jurisdiction united-states-v-cotton |
DO COURTS LACK SUBJECT MATTER JURISDICTION WHEN THE SCOPE OF THE ALLEGED CONDUCT FALLS OUTSIDE CHARGED STATUTE? |
| 19-6088 |
Julian Madero-Diaz v. United States |
Ninth Circuit |
2019-09-27 |
Denied |
Response WaivedIFP |
citizenship citizenship-classification citizenship-laws constitutional-challenge criminal-procedure due-process equal-protection illegal-reentry immigration morales-santana morales-santana-precedent severability standing statutory-interpretation |
Whether the decision below conflicts with the Court's instruction in Sessions v. Morales-Santana, 137 S. Ct. 1678, 1699 n.24 (2017), that a defendant … |
| 19-6089 |
Joseph Signore v. United States |
Eleventh Circuit |
2019-09-27 |
Denied |
Response WaivedIFP |
appeals civil-procedure criminal-procedure declaration department-of-justice due-process habeas-corpus ineffective-assistance-of-counsel penalty-of-perjury sentencing service-of-process solicitor-general |
Question not identified. |
| 19-6094 |
Andres Herrera-Segovia v. United States |
Fifth Circuit |
2019-09-27 |
Denied |
IFP |
burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-conviction sentencing statutory-maximum |
Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 19-419 |
Antonio L. Saulsberry v. Randy Lee, Warden |
Sixth Circuit |
2019-09-27 |
Denied |
Response Waived |
constitutional-law criminal-procedure double-jeopardy due-process habeas-corpus jury-trial precedent retrial sixth-amendment verdict |
Whether this Court's precedent clearly establishes that the Double Jeopardy Clause bars retrial of a defendant on a charge that was submitted to a jur… |
| 19-407 |
Alexander Christian Miles v. United States |
Tenth Circuit |
2019-09-26 |
Denied |
Response Waived |
abuse-of-the-writ abuse-of-writ aedpa contract-law criminal-charges criminal-procedure plea-bargaining post-conviction-relief |
1. Whether the abuse of the writ doctrine or the AEDPA precludes a successive petition for post conviction relief when the government, years after a d… |
| 19-6069 |
Kevin Dewitt Skaggs v. Ron Baker, Warden, et al. |
Tenth Circuit |
2019-09-26 |
Denied |
IFP |
criminal-procedure criminal-procedure-sixth-amendment cumulative-analysis evidence expert-consultation expert-witness ineffective-assistance-of-counsel overwhelming-evidence pre-trial-investigation sixth-amendment strickland-standard strickland-v-washington trial-strategy |
Whether defense counsel performs unreasonably under the Sixth Amendment if their pre-trial and trial investigations and strategies are based on their … |
| 19-6070 |
Malcom McClenon v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-09-26 |
Denied |
IFP |
appeals appellate-review batson-challenge constitutional-rights conviction criminal-procedure due-process fair-trial fifth-circuit habeas-corpus harmless-error judicial-review sufficiency-of-evidence |
1. IS RELIEF DUE. TO AN CONVICTION I DEVOIN OF THE RUDIMENTARY DEMANDS OF FAIR PROCEDURE ?
2. DOES BATSON" DEFY A HARMLESS-ERROR ANALYSIS?
BJ DOES A… |
| 19-6071 |
Demetrius Desean Morgan v. Michigan |
Michigan |
2019-09-26 |
Denied |
Response WaivedIFP |
criminal-procedure due-process eyewitness-identification first-amendment fourteenth-amendment freedom-of-association impartial-jury ineffective-assistance insufficient-evidence physical-characteristics reasonable-doubt sixth-amendment surveillance-video video-surveillance |
1. Was the evidence of Petitioner's identity as the shooter sufficient to sustain the first-degree murder conviction where that evidence consisted of … |
| 19-6077 |
Ruben Moreno Herrera v. Ralph Diaz, Secretary, California Department of Corrections and Rehabilitation |
Ninth Circuit |
2019-09-26 |
Denied |
IFP |
civil-rights compulsory-process conflict-of-interest constitutional-rights criminal-procedure dna-evidence due-process evidence-exclusion evidentiary-exclusion fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel sixth-amendment |
Fs c
on my be half, as the relevant testimont of my First EYewitness of the facts of my case,Ruhen Machado
R. x
of te BNA R
wasSu RTN S R Ma
SAN
884… |
| 19-6078 |
Terreall McDaniel v. United States |
Eighth Circuit |
2019-09-26 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
18-usc-924c appeal armed-career-criminal-act circuit-split constitutional-interpretation criminal-law criminal-procedure first-step-act retroactivity sentencing sentencing-enhancement statutory-interpretation |
I. Does Section 403 of the First Step Act , which dramatically clarifies the
applicable penalties for which a defendant may be sentenced for gun rela… |
| 19-6079 |
Guillermo Vega-Botello v. United States |
Fifth Circuit |
2019-09-26 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure judicial-procedure limited-remand plain-error remand sentencing statutory-maximum substantial-rights |
Whether a court of appeals that finds a plain error in the district court's selection of a statutory maximum should ordinarily order a limited remand … |
| 19-6080 |
Marcus H. v. Connecticut |
Connecticut |
2019-09-26 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process equal-protection indigent indigent-defense right-to-counsel sixth-amendment structural-error trial-court-discretion |
Was the indigent petitioner's Sixth Amendment right to have appointed counsel represent him at his criminal jury trial violated when the trial court f… |
| 19-6042 |
Gerardo Tajonar Cortes v. United States |
Fifth Circuit |
2019-09-25 |
Denied |
Response WaivedRelisted (2)IFP |
burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum |
Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 19-6043 |
Larry Craig Cash v. Vance Laughlin, Warden |
Georgia |
2019-09-25 |
Denied |
IFP |
14th-amendment constitutional-rights conviction criminal-procedure death-penalty due-process effective-assistance fourteenth-amendment jury-selection murder-trial racial-discrimination standing state-action trial-duty |
1. Were The Rights Of A Defendant Under The Due Process Clause Of The Fourteenth Amendment Of The United States Constitution Properly Observed When Th… |
| 19-6048 |
Franklin Pillier v. Massachusetts |
Massachusetts |
2019-09-25 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure criminal-procedure-rights due-process government-intrusion motion-to-withdraw-plea plea-bargaining plea-withdrawal probation probation-condition probation-conditions strict-scrutiny withdrawal-of-plea |
I. WHETHER, WHEN THE COURT ASKS A DEFENDANT IF HE IS GUILTY THIRTY-FIVE TIMES BEFORE INFORMING HIM OF THE RIGHTS HE IS FORFEITING AND THE CONSEQUENCES… |
| 19-6053 |
Diosme Fernandez Hano v. United States |
Eleventh Circuit |
2019-09-25 |
Denied |
Response WaivedIFP |
appellate-review circuit-split criminal-procedure due-process eleventh-circuit evidentiary-rulings indictment judicial-precedent jury-instructions statute-of-limitations united-states-code witness-testimony |
1. Whether the Eleventh Circuit erred in holding that the indictment was returned within the limitation period under 18 U.S.C. § 3297.
2. Whether the… |
| 19-6055 |
Edwin Ricardo Flores v. United States |
Ninth Circuit |
2019-09-25 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
aggravated-felony chevron-deference circuit-split criminal-law criminal-procedure ex-post-facto immigration immigration-law separation-of-powers statutory-interpretation theft-offense |
I. Does a "theft offense (including receipt of stolen property)" under § 1101(a)(43)(G) require a taking of property without consent?
II. May courts … |
| 19-6058 |
Guy Philippe v. United States |
Eleventh Circuit |
2019-09-25 |
Denied |
Response WaivedRelisted (2)IFP |
case-analysis civil-procedure-standing constitutional-law criminal-procedure double-jeopardy due-process extradition international-law judicial-interpretation legal-precedent res-judicata standing |
1. Whether This Court's Conclusions in United States v. Rauscher, 119 U.S. 407 (1886), in Conjunction with W.S. Kirkpatrick & Co., Inc. v. Environment… |
| 19-6060 |
Vincent Scott Mathews v. United States |
Tenth Circuit |
2019-09-25 |
Denied |
Response WaivedIFP |
criminal-procedure fourth-amendment gps-monitoring parole parole-conditions reasonable-expectation-of-privacy reasonable-expectation-privacy search-and-seizure warrant warrant-requirement warrantless-search |
(1) Does U.S. v. Knights, 534 u.s.1 12,122 s. ct.587,151 L. ed. 2d. 497 (2001) and Griffin v. Wisconsin, 483 u.s. 868,873,107 s. ct. 3164, 971, ed. 2d… |
| 19-6063 |
William Alexander v. New York |
New York |
2019-09-25 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
chambers-v-mississippi confrontation-rights criminal-procedure due-process evidence evidence-admissibility eyewitness-testimony misidentification photographic-evidence |
Whether Chambers v. Mississippi, 410 U.S. 284 (1973), and its progeny require the admission of reliable photographic evidence of what an accused was w… |
| 19-6064 |
Tommy Cole v. R. J. Rackley, Warden |
Ninth Circuit |
2019-09-25 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process evidence expert-testimony ineffective-assistance ineffective-assistance-of-counsel kelly-hearing sixth-amendment videographic-evidence |
1. ) THE COURT ERRED, A kelly hearing was required to test the reliability of
the process used to create the videotape of still photographs originall… |
| 19-6068 |
Michael S. Sites v. West Virginia |
West Virginia |
2019-09-25 |
Denied |
IFP |
constitutional-rights court-procedure criminal-procedure critical-proceedings due-process harmless-error jury-deliberations right-to-be-present |
Did the West Virginia Supreme Court violate the Petitioner's Constitutional Rights to be Present at ALL Critical proceedings, including the answering … |
| 19-6073 |
Glen T. Jones, Jr. v. Mark S. Inch, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2019-09-25 |
Denied |
Response WaivedRelisted (2)IFP |
appellate-review civil-rights constitutional-law criminal-procedure double-jeopardy due-process federal-procedure habeas-corpus harmless-error judicial-interpretation plain-error structural-error |
1) SUpEme COuRt ViEWS As to hAMlESSnES of ChAm ERRoR in stAtEcRimiNAl tal
.foR puRpOSE of SubSEQuENt+ hAbEAS CORpUS REVEW UNd BeEChT v.AbRAhAMSON
507U… |
| 19-6024 |
Kenneth Allen Rogers v. California |
California |
2019-09-24 |
Denied |
Response WaivedIFP |
attorney-client-relationship civil-rights criminal-procedure due-process fiduciary-duty legal-representation pre-trial-motion property-rights retainer-fee sixth-amendment |
The State of California denial of legal representation at a pre-trial motion of the People requiring a hearing that if retained legal counsel did not … |
| 19-6026 |
Roland Michael Simon v. California, et al. |
Ninth Circuit |
2019-09-24 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure due-process evidence federal-jurisdiction federal-law-enforcement standing united-nations |
The Question(s) H like would Innocent by the way 8410 Direct Evidence, & 11l5 Evidence by clear and Convincing Proof, or by Proof Beyond a reasonable … |
| 19-6035 |
Luis R. Espinal-Rivera v. United States |
First Circuit |
2019-09-24 |
Denied |
Response WaivedIFP |
appellate-review bail bail-hearing criminal-procedure detention-review due-process federal-jurisdiction presumption-of-innocence pretrial-detention rebuttal statutory-presumption statutory-presumptions |
Whether Bail Should Have Been Granted in this Case as the Petitioner Rebutted the Statutory Presumptions. |
| 19-6036 |
Arturo Eduardo Dominguez-Calderon v. United States |
Fifth Circuit |
2019-09-24 |
Denied |
Response WaivedIFP |
appellate-review courts-of-appeals criminal-procedure criminal-sentencing due-process holguin-hernandez-v-united-states judicial-discretion remand sentencing-factors sentencing-review substantive-reasonableness |
Whether substantive reasonableness review requires or permits the courts of appeals to "reweigh the sentencing factors"?
SUBSIDIARY QUESTION: Whether… |
| 19-6045 |
Scott H. Summerhays v. United States |
Ninth Circuit |
2019-09-24 |
Denied |
Response WaivedRelisted (2)IFP |
appellate-counsel change-of-plea criminal-procedure critical-stage effective-assistance-of-counsel faretta faretta-waiver ineffective-assistance right-to-counsel sixth-amendment waiver |
1. Does a criminal defendant have a right under the Sixth Amendment to reassert his right to counsel at a critical stage (a change of plea hearing) af… |
| 19-6050 |
Jose Vizcarrondo-Casanova v. United States |
First Circuit |
2019-09-24 |
Denied |
Response WaivedIFP |
924(c)(3)(a) categorical-approach circuit-split crime-of-violence criminal-law criminal-procedure davis-precedent plain-error puerto-rico-law sentencing statutory-interpretation united-states-v-davis |
1) Whether' murder under Puerto Rico law categorical approach
fails to qualify as a "crime of violence" under remaining
force clause of 924(C)(3)(A)… |
| 19-6051 |
Hezekiah Whitfield v. Deanna Brookhart, Warden |
Seventh Circuit |
2019-09-24 |
Denied |
Response WaivedIFP |
corroborative-evidence criminal-procedure double-jeopardy due-process evidence evidence-restriction fourteenth-amendment sixth-amendment |
Whether Peririoner Made A Substantial Showing
Of The Denial Of His Sixth And Fourteenth
Amendmenr Due Process Rights Where Pericioner
Was Restricted F… |
| 19-392 |
Martin A. Armstrong v. Securities and Exchange Commission, et al. |
Second Circuit |
2019-09-24 |
Denied |
Response RequestedResponse WaivedRelisted (3) |
asset-forfeiture asset-freezing civil-enforcement constitutional-right-to-counsel counsel-of-choice criminal-defendant criminal-procedure due-process parallel-civil-enforcement parallel-proceedings personal-property property-rights right-to-counsel |
1. Whether the constitutional right to counsel of choice extends to cases where a criminal defendant's assets are frozen as part of a parallel civil e… |
| 19-394 |
Sergio Mejia-Duarte v. United States |
Eleventh Circuit |
2019-09-24 |
Denied |
Response Waived |
criminal-procedure due-process extradition-treaty fair-trial federal-rules-of-evidence fre-403 fre-404(b) hearsay-evidence international-extradition international-law treaty unrelated-murder |
I. WHETHER A CRUCIAL MANDATE OF THE INTERNATIONAL EXTRADITION TREATY BETWEEN THE UNITED STATES AND HONDURAS WAS VIOLATED WHEN THE PROSECUTION AT TRIAL… |
| 19-6021 |
Ricardo Valles De La Rosa v. United States |
Fifth Circuit |
2019-09-23 |
Denied |
Response WaivedIFP |
braxton-precedent braxton-v-united-states criminal-procedure due-process fifth-circuit nelson-v-colorado plea-agreement plea-bargaining sentencing |
WHETHER THE FIFTH CIRCUIT COURT OF APPEALS' AFFIRMANCE OF THE PETITIONER'S GUILTY-PLEA SENTENCE VIOLATED PETITIONER'S DUE PROCESS RIGHTS UNDER, AND TH… |
| 19-6027 |
Jordan Combs v. United States |
Sixth Circuit |
2019-09-23 |
Denied |
Response WaivedIFP |
5th-amendment child-pornography constitutional-law constitutional-rights criminal-procedure due-process fifth-amendment possession sentencing |
WHETHER JORDAN COMBS' DUE PROCESS RIGHTS UNDER THE FIFTH
AMENDMENT TO THE UNITED STATES CONSTITUTION WERE VIOLATED
WHEN THE DISTRICT COURT SENTENCED J… |
| 19-6029 |
Frank Jeffs v. Michael Overmyer, Superintendent, State Correctional Institution at Forest, et al. |
Pennsylvania |
2019-09-23 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process first-degree-murder habeas-corpus jurisdiction premeditated-murder prosecutorial-misconduct self-defense sentencing sentencing-order |
1. Is not the Pennsylvania Supreme Court required in its Per Curiam conclusions of law with respect thereto. If the court finds that...[2] the sentenc… |
| 19-6015 |
Roque Arias-De Jesus v. United States |
Fifth Circuit |
2019-09-20 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
alleyne appellate-procedure apprendi constitutional-law criminal-law criminal-procedure due-process precedent-analysis sentencing sixth-amendment statutory-interpretation supreme-court-review |
Whether this Court should consider the continuing validity of Almendarez-Torres v. United States, 523 U.S. 244 (1998), in light of the reasoning of Ap… |
| 19-6016 |
Devon Chance v. United States |
Eleventh Circuit |
2019-09-20 |
GVR |
IFP |
18-usc-924(c)(3) 18-usc-924c3 abrogation appellate-review case-law-abrogation circuit-court-decision criminal-procedure criminal-procedure-28-usc-2255 due-process eleventh-circuit habeas-corpus ovalles-v-united-states section-2255-motion statutory-interpretation supreme-court-review united-states-v-davis |
Whether, in light of this Court's most recent decision, in United States v. Davis, 139 S. Ct. 2319 (2019), which abrogated the Eleventh Circuit Court … |
| 19-6019 |
Marco Antonio Murillo v. United States |
Fifth Circuit |
2019-09-20 |
Denied |
Response WaivedIFP |
criminal-procedure due-process federal-defendants indictment indictment-right mandatory-minimum mandatory-sentencing sentencing sentencing-enhancement united-states-v-haymond |
1. Whether federal defendants enjoy the right to indictment as to some facts that alter the likely sentence within a mandatory range of punishment? Su… |
| 19-6000 |
Kevin Kelley v. Illinois |
Illinois |
2019-09-20 |
Denied |
IFP |
compulsory-process constitutional-rights criminal-procedure due-process evidence evidence-rules propensity-evidence sixth-amendment trial-court-error witness-testimony |
Whether the state trial court erred in admitting the testimony of two witnesses for the purpose of showing the defendant's propensity to commit the ch… |
| 19-5973 |
Wilfred Warren Sheppard v. Texas |
Texas |
2019-09-19 |
Denied |
Response WaivedRelisted (2)IFP |
5th-amendment 6th-amendment constitutional-rights criminal-procedure double-jeopardy due-process fifth-amendment habeas-corpus jury-trial sixth-amendment supreme-court-precedent united-states-constitution |
(1.)
Whether the Texas Criminal Court of Appeals has ruled in a manner
which conflicts with the Fifth and Sixth Amendment of the U.S.
Constitution.
(… |
| 19-5998 |
Eric Matthew Frein v. Pennsylvania |
Pennsylvania |
2019-09-19 |
Denied |
IFP |
criminal-procedure harmless-error police-misconduct prosecutorial-misconduct right-to-counsel sixth-amendment structural-error trial-integrity |
When the Sixth Amendment right to counsel has attached, do efforts by police and prosecutors -- the victims of one or more of the defendant's charges … |
| 19-6006 |
Nicholas Wilkerson v. Alabama |
Alabama |
2019-09-19 |
Denied |
Response RequestedRelisted (2)IFP |
8th-amendment constitutional-rights criminal-procedure eighth-amendment juvenile-offenders juvenile-sentencing life-without-parole miller-v-alabama rehabilitation sentencing sentencing-hearing |
The Eighth Amendment prohibits life-without-parole sentences for all but the rarest juvenile s who exhibit a lack of rehabilitative potential due thei… |
| 19-364 |
Dwayne Lamar Williams, Sr. v. Virginia |
Virginia |
2019-09-19 |
Denied |
Response Waived |
14th-amendment 5th-amendment constitutional-law criminal-procedure due-process fifth-amendment fourteenth-amendment grand-jury incorporation jurisdiction state-criminal-procedure state-indictment |
A. Does the right to a grand jury indictment conferred by the Fifth Amendment to the United States Constitution apply to state indictments via the Fou… |
| 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 |
The Confrontation Clause permits prosecutors to introduce the out-of-court testimonial statements of an absent witness only if the witness is "unavail… |
| 19-5983 |
Alejandro Llamas-Delgado v. United States |
Eighth Circuit |
2019-09-18 |
Denied |
Response WaivedIFP |
burden-of-proof conspiracy controlled-substances criminal-law criminal-procedure drug-conspiracy drug-trafficking due-process statutory-interpretation sufficiency-of-evidence supreme-court-precedent |
Whether the lower court's decision conflicts with Supreme Court and other circuit precedent concerning the government's burden to prove the evidence w… |
| 19-5985 |
Leeroy Cesar Carballo v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-09-18 |
Denied |
IFP |
appeal constitutional-rights criminal-procedure due-process evidentiary-hearing fifth-circuit-review fundamental-rights ineffective-assistance-of-counsel right-to-testify sentencing sentencing-phase |
During Petitioner's sentencing hearing, Petitioner took the stand, maintaining his innocence, and expressed his desire to tell the jury his side of th… |
| 19-5993 |
Mabon Demetric James v. Marcus Pollard, Warden |
Ninth Circuit |
2019-09-18 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process evidence fourteenth-amendment insufficient-evidence robbery standing takings |
Was Mabon James convicted of the robbery of Marta Parfeta in violation of his Fourteenth Amendment due process rights despite constitutionally insuffi… |
| 19-5994 |
Benjamin Justin Brownlee v. California |
California |
2019-09-18 |
Denied |
IFP |
civil-procedure criminal-law criminal-procedure due-process evidence evidence-code-section-352 jury-instructions prior-acts-evidence prosecutorial-misconduct right-to-fair-trial robbery-charges sixth-amendment standing |
True the felony had to be independest of the illing,was
Prejudicial and sequses Reversal of The Special.
C'rcunstance Finding
Code Section 1los stad … |
| 19-5995 |
Jason L. Clark v. United States |
Eighth Circuit |
2019-09-18 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
civil-rights collateral-attack constitutional-challenge constitutional-law constitutional-violation criminal-procedure due-process guilty-plea judicial-review plea-bargaining statute-of-conviction |
DOES A GUILTY PLEA BAR A CRIMINAL DEFENDANT FROM LATER COLLATERAL
ATTACK ON HIS CONVICTION ON THE GROUND THAT THE STATUTE OF
CONVICTION VIOLATES THE C… |
| 19-5996 |
Michael J. W. Potter v. United States |
Sixth Circuit |
2019-09-18 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure criminal-sentencing cruel-and-unusual-punishment due-process eighth-amendment life-imprisonment mandatory-minimum mandatory-sentencing sentencing |
Whether entry of a mandatory sentence of life imprisonment violated Appellant's rights under the Eighth Amendment to the United States Constitution. |
| 19-5946 |
Anthony Carl Spence v. United States |
Eleventh Circuit |
2019-09-17 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
criminal-jurisdiction criminal-law criminal-procedure due-process extraterritorial-application extraterritorial-jurisdiction extraterritoriality federal-sentencing foreign-conduct guidelines offense-level sentencing sentencing-guidelines |
Whether, absent a clear indication of extraterritoriality, a federal sentencing court is permitted to enhance a defendant's offense level under the se… |
| 19-5964 |
In Re Dwight Carter, Sr. |
|
2019-09-17 |
Denied |
IFP |
18-usc-924c 2255-motion constitutional-law criminal-procedure criminal-procedure-2255-habeas-corpus davis-rule due-process habeas-corpus hobbs-act-robbery merits-analysis prima-facie-standard retroactivity second-or-successive-motion sentencing statutory-interpretation united-states-v-davis |
1.) Because Petitioner's 18 U.S.C.j924(c) conviction identified conspiracy to commit Hobbs Act Robbery, 18 U.S.C. 1951, predicate to support his 924(c… |
| 19-5965 |
Robert Jessie Hill v. Washington |
Washington |
2019-09-17 |
Denied |
IFP |
civil-rights collateral-consequences constitutional-rights criminal-procedure double-jeopardy due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel lesser-included-offense plea-bargaining plea-negotiations sentencing |
(A). When a defendant pleads guilty to a charge, in addition to the "direct" and "collateral" consequences of the party does the Fourteenth Amendment … |
| 19-5969 |
Tawoine Aquil Frank Banks v. United States |
Second Circuit |
2019-09-17 |
Denied |
Response WaivedIFP |
consecutive-sentences consecutive-sentencing court-of-appeals criminal-procedure due-process revocation revocation-sentence section-3624e sentencing supervised-release |
Did the Court of Appeals err in affirming of a supervised revocation sentence that ran consecutively to other supervised release revocation sentence? |
| 19-5970 |
Murad Razzaq v. Kansas |
Kansas |
2019-09-17 |
Denied |
Response WaivedIFP |
criminal-evidence criminal-procedure defendant-rights due-process due-process-clause evidence evidentiary-rules prior-bad-acts prior-crimes propensity-evidence state-prosecution state-supreme-courts unrelated-crimes |
Does a state violate a defendant's due process rights by admitting evidence of a prior, unrelated crime? |
| 19-5974 |
Duane L. O'Malley v. United States |
Seventh Circuit |
2019-09-17 |
Denied |
Response WaivedIFP |
appeals circuit-operating-rule civil-procedure civil-procedure-rules criminal-procedure criminal-rule-33 direct-appeal due-process judicial-assignment motion-appeal newly-discovered-evidence panel-reassignment recharacterization standing |
DID THE SEVENTH CIRCUIT COURT OF APPEALS (CA7 ) VIOLATE CIRCUIT OPERATING RULE 6(b) WHEN FAILING TO REASSIGN THE "SUCCESSIVE MOTION APPEAL" PANEL ("C"… |
| 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 |
1. Whether the petitioner participated in a conspiracy to commit health care fraud , in violation of 18 U.S.C. § 1349 . Count One of the Indictment.
… |
| 19-5982 |
Alcadio Caballero De La Torre v. United States |
Fifth Circuit |
2019-09-17 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure criminal-sentencing data-analysis due-process judicial-discretion reasonableness-review sentencing-commission sentencing-data sentencing-guidelines sentencing-reasonableness statistical-analysis |
This Court should grant this petition to address when, if ever, Sentencing Commission statistical data may be used to evaluate the reasonableness of a… |
| 19-5929 |
Abisai Ramirez-Anguiano v. United States |
Fifth Circuit |
2019-09-16 |
Denied |
IFP |
circuit-split criminal-law criminal-procedure drug-offense drug-offenses mens-rea methamphetamine scienter sentencing-guidelines statutory-interpretation |
Section 2D1.1(b)(5) of the United States Sentencing Guidelines provides that "[i]f (A) the offense involved the importation of ... methamphetamine or … |
| 19-5944 |
Jerry D. Scott v. United States |
Eighth Circuit |
2019-09-16 |
Denied |
Response WaivedIFP |
8th-amendment 8th-circuit appeal certificate-of-appealability crime-of-violence criminal-justice criminal-procedure domestic-assault due-process eighth-circuit habeas-corpus legal-standard missouri-robbery sentencing violent-crime |
WHETHER THE EIGHTH CIRCUIT COURT OF APPEALS ERRED IN NOT. GRANTING
A "CERTIFICATE OF APPEALABILITY" WHEN EVEN AFTER UNITED STATES
v. SWOPES , 892 F.… |
| 19-5947 |
Michael Patrick Kennedy v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-09-16 |
Denied |
IFP |
criminal-procedure due-process fair-trial harmless-error ineffective-assistance ineffective-assistance-of-counsel law-enforcement perception-of-guilt substantial-guilt trial-defense witness-tampering |
If defense counsel omits the necessary trial defense and thereby sustains a perception of substantial guilt so that the substantial guilt mas dependen… |
| 19-5949 |
Marcelino Martinez v. United States |
Fifth Circuit |
2019-09-16 |
Denied |
IFP |
criminal-procedure criminal-procedure-rule-11 district-court federal-rules-of-criminal-procedure guilty-plea plain-error plea-bargaining plea-negotiations rule-11 substantial-rights |
1) When a district court violates Rule 11(c)(1) of the Federal Rules of
Criminal Procedure by interfering in plea negotiations, can a
defendant ordina… |
| 19-5954 |
Ricardo Irive v. Jo Gentry, Warden, et al. |
Ninth Circuit |
2019-09-16 |
Denied |
Response WaivedIFP |
attorney-negligence constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining sixth-amendment |
DOES IT CONSTITUTE INEFFECTIVE ASSISTANCE OF COUNSEL TO ALLOW A PLEA AGREEMENT THE DEFENDANT WISHED TO TAKE LAPSE DUE TO MISTAKE OR NEGLIGENCE? |
| 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 |
1. Whether the defendant has the burden to deny and discredit the factual allegations of a Presentence Report that increase his or her sentence?
2. W… |
| 19-5928 |
Marcos Santiago v. United States |
Third Circuit |
2019-09-13 |
Denied |
Response WaivedIFP |
21-usc-841 civil-rights criminal-law criminal-procedure drug-offense due-process first-step-act retroactive-application retroactivity sentencing sentencing-enhancement statutory-interpretation |
Whether Congress decision to not make its recent clarification of 924(c) fully retroactive, creates a significant risk that thousands of prisoners sta… |
| 19-5932 |
Chavez Myers v. United States |
District of Columbia |
2019-09-13 |
Denied |
Response WaivedIFP |
8th-amendment civil-rights comprehensive-youth-justice-amendment-act criminal-procedure due-process eighth-amendment habeas-corpus ineffective-assistance-of-counsel juvenile-sentencing miller-v-alabama montgomery-v-louisiana standing youth-reform-act |
Question not identified. |
| 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 … |
| 19-5937 |
Raymond Johnson v. Credit One Bank, et al. |
Maryland |
2019-09-13 |
Denied |
IFP |
civil-procedure civil-rights constitutional-rights criminal-procedure due-process equal-protection evidence-admissibility free-speech judicial-discretion patent standing takings trial-procedure |
Did the trial court wrongfully deny Johnson's Fourth Amendment rights when the trial court failed to allow Johnson to present his motions to enforce S… |
| 19-5938 |
Jason Bo-Alan Beckman v. United States |
Eighth Circuit |
2019-09-13 |
Denied |
Response WaivedIFP |
asset-forfeiture asset-freezing civil-procedure civil-proceeding civil-rights criminal-counsel criminal-procedure due-process errors-and-omissions errors-and-omissions-policy forfeiture-rights luis-v-united-states right-to-counsel sixth-amendment |
Can the Government circumvent Luis v United States , 578 U.S. ___,
136 S. Ct. 1083 (2016) protections by using a civil proceeding to
freeze untainted… |
| 19-5940 |
Scott Peters v. Young Sun Kim |
Seventh Circuit |
2019-09-13 |
Dismissed |
Response WaivedIFP |
administrative-law civil-procedure civil-rights criminal-procedure damages due-process equal-protection habeas-corpus ineffective-assistance ninth-circuit post-conviction standing state-court |
Petitioner Questions whether Discrimination of Equal Opportunity Because of Social Economic To Defend Petitioner Right to Appeal.
Petitioner Question… |
| 19-5941 |
Roger Cha v. United States |
Ninth Circuit |
2019-09-13 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure due-process interrogation law-enforcement miranda-rights miranda-waiver self-incrimination waiver |
Is a Miranda waiver invalidated when the law enforcement officer providing the advisal involves himself in the waiver process by asking the subject of… |
| 19-5902 |
Sharvelt Mister v. Wendy Kelley, Director, Arkansas Department of Correction |
Arkansas |
2019-09-12 |
Denied |
Response WaivedIFP |
4th-amendment 5th-amendment 6th-amendment civil-rights constitutional-law constitutional-rights criminal-procedure due-process evidence-suppression judicial-hearing judicial-process jurisdiction procedural-fairness standing supremacy-clause |
D IF A pOLCEMAN ARRESt A SUSpECT, WiPhOUT A WARRANT, takES
you off, put you in jail, wilhout A mitgistentE ApprouAl, thEN you're
FOOKEN tO A PIEST APP… |
| 19-5912 |
Jesus Oscar Meraz Leon v. Charles L. Ryan, Director, Arizona Department of Corrections, et al. |
Ninth Circuit |
2019-09-12 |
Denied |
Response WaivedIFP |
actual-innocence arizona-courts arizona-law civil-rights criminal-procedure dna-testing due-process equal-protection federal-review habeas-corpus post-conviction post-conviction-relief standing |
WHETHER THE STATE COURTS REFUSAL TO GRANT LEONS REQUEST FOR D.N.A, TESTiNG, BECAUSE DENIAL VIOLATES HISRIgHTTO DUE-PROCESS ANd EQUAL PROTECTION OF THE… |
| 19-5913 |
Sammie Lee Smith, IV v. Florida |
Florida |
2019-09-12 |
Denied |
Response WaivedIFP |
aggravated-crime aggravated-offense alleyne-v-united-states apprendi-v-new-jersey constitutional-law criminal-charging criminal-procedure due-process jury-determination jury-trial mandatory-minimum sentencing sexual-felony |
Whether the facts triggering a mandatory minimum sentence under Florida's Dangerous Sexual Felony Offender Act, § 794.0115, Fla. Stat. (2016), togethe… |
| 19-5920 |
Michael Don Pogue v. Texas |
Texas |
2019-09-12 |
Denied |
Response WaivedIFP |
criminal-procedure due-process evidence habeas-corpus ineffective-assistance-of-counsel jury-instructions right-to-counsel sixth-amendment |
Mr. Pogue alleged that his trial counsel, William G. Mason, was ineffective and presented 18 specific points of ineffective assistance of counsel to t… |
| 19-5922 |
Pedro Munoz, aka Pedro Munoz Ruiz v. United States |
Fifth Circuit |
2019-09-12 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure deference district-court federal-courts-of-appeals federal-sentencing judicial-discretion sentencing-factors sentencing-review standard-of-review substantive-reasonableness |
Whether substantive reasonableness review necessarily encompasses some degree of reweighing the sentencing factors? |
| 19-5924 |
James Hennessee v. United States |
Sixth Circuit |
2019-09-12 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
apprendi-doctrine armed-career-criminal-act circuit-court constitutional-interpretation conviction-records criminal-procedure jury predicate-convictions sentencing sentencing-enhancement sixth-amendment |
The Armed Career Criminal Act enhances the statutory penalty for a firearms offense when the offender has three predicate convictions for crimes that … |
| 19-5861 |
Louise K. Saine v. United States |
Seventh Circuit |
2019-09-11 |
Denied |
Response WaivedIFP |
appeal-denial appeals career-offender court-of-appeal crime-of-violence criminal-procedure drug-law due-process federal-case federal-classification federal-court federal-rules-of-criminal-procedure prior-convictions rehabilitation-programs rule-35 sentencing sentencing-guidelines sentencing-reform-act state-officer |
When can Rule 35 be used error?
Can a state case be classified as a federal case if defendant has never been convicted of prior felonies?
What is th… |
| 19-5904 |
Travis Dennis v. Darrel Vannoy, Warden |
Fifth Circuit |
2019-09-11 |
Denied |
Response WaivedIFP |
appellate-review batson-challenge constitutional-rights criminal-procedure criminal-procedure-due-process due-process fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel jury-verdict sixth-amendment sufficiency-of-evidence |
Reasonable jurists could find that the Courts have abused their discretion in accepting the Jury's verdict even though the Record supports that Ronald… |
| 19-5907 |
Luis Castaneda-Torres v. United States |
Fifth Circuit |
2019-09-11 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum |
I. Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and ei… |
| 19-5909 |
Blake Clinton Talman v. Florida |
Florida |
2019-09-11 |
Denied |
Response WaivedIFP |
blood-draw criminal-procedure due-process evidence fourth-amendment fourth-amendment-violation good-faith-exception ineffective-assistance warrantless-search |
Whether the "good faith" exception applies to a warrantless blood draw obtained in violation of the Fourth Amendment. |
| 19-5910 |
Benjamin Carpenter v. Georgia |
Georgia |
2019-09-11 |
Denied |
Response WaivedIFP |
civil-rights complicity constitutional-issue criminal-liability criminal-procedure due-process error-analysis indictment jury-instructions standing supreme-court-review unchorged-crime |
Can Criminal Liability for a charged offense be based upon the Defendant's complicity in an offense which is clearly distinct from any charged offense… |
| 19-5878 |
Darries Leon Jackson v. United States |
Sixth Circuit |
2019-09-10 |
Denied |
Response WaivedIFP |
constitutional-reasonableness criminal-justice criminal-procedure cruel-and-unusual-punishment due-process equal-protection grand-jury ineffective-assistance-of-counsel racial-bias racial-discrimination sentencing sentencing-guidelines |
1. Whether sentences imposed upon Petitioner Constitutionally Unreasonable & greater than necessary to satisfy the ends of Justice?
2. Whether Petiti… |
| 19-5880 |
Andrew Joseph Larson v. Michael Pacheco, Warden |
Wyoming |
2019-09-10 |
Denied |
Response WaivedRelisted (2)IFP |
civil-procedure conflict-of-interest constitutional-rights constructive-denial-of-counsel criminal-procedure due-process habeas-corpus jurisdiction name-change personal-jurisdiction presumption-of-guilt presumption-of-innocence standing state-department subject-matter trial-jurisdiction |
Q1) What are the necessary components for the trial court to be complete and hold jurisdiction over a case and was Avitabile's trial court complete?
… |
| 19-5883 |
Richard Johnson v. United States |
Eleventh Circuit |
2019-09-10 |
Denied |
Response WaivedIFP |
criminal-procedure eleventh-circuit evidentiary-hearing fourth-amendment franks-challenge franks-v-delaware gall-standard search-warrant search-warrant-challenge-standard sentencing-variance substantial-preliminary-showing substantive-reasonableness veracity |
I. Whether this Court Should Clarify the Quantum Necessary for a Finding of a "Substantial Preliminary Showing" That Entitles Defendants to a Hearing … |
| 19-5888 |
David Tkhilaishvili v. United States |
First Circuit |
2019-09-10 |
Denied |
Response WaivedIFP |
circuit-conflict criminal-procedure due-process extortion hobbs-act interstate-commerce legal-nexus property-rights property-transfer third-party |
1. Whether the First Circuit erroneously held, in conflict with multiple decisions of
this Court, that the government may sustain a Hobbs Act extorti… |
| 19-5889 |
Jonathan Torres-Arroyo v. New Jersey |
New Jersey |
2019-09-10 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
alleyne-precedent alleyne-v-united-states criminal-procedure judicial-findings jury-trial mandatory-minimum ring-v-arizona sentencing sentencing-court state-v-kiriakakis |
Did the New Jersey Courts make an invalid distinction from Alleyne v. United States, 570 U.S. 99 (2013), in holding that the defendant's right to a ju… |
| 19-5890 |
Fernando Cabral-Varela v. Massachusetts |
Massachusetts |
2019-09-10 |
Denied |
Response WaivedIFP |
constitutional-law constitutional-rights courtroom-access courtroom-closure criminal-procedure due-process public-trial sixth-amendment structural-error witness-intimidation |
Where there was no risk of witness intimidation for most, if not all, of the Commonwealth's witnesses for the final three days, did the judge deprive … |
| 19-5891 |
Donte Island v. United States |
Third Circuit |
2019-09-10 |
Denied |
Response WaivedIFP |
circuit-split criminal-law criminal-procedure criminal-sentencing due-process imprisonment release-conditions split-circuit statutory-interpretation supervised-release tolling |
Whether a term of supervised release may be tolled for periods of noncompliance with release conditions (as the Third Circuit, joining one side in a m… |
| 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… |
| 19-5900 |
David Earl Ison v. Richard Brown, Superintendent, Wabash Valley Correctional Facility |
Seventh Circuit |
2019-09-10 |
Denied |
Response WaivedIFP |
boykin-v-alabama civil-rights criminal-procedure due-process fifth-amendment plea-bargaining self-incrimination sentencing |
1. Wasn't it a threat or promise by the State: Prosecutor wilhelm when he drafted up a document, gave the document to my Attorney him giving it to me … |
| 19-5838 |
Glenn Ray Smith v. United States |
Fifth Circuit |
2019-09-09 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process fourth-amendment fourth-amendment,supervised-release,probation,four home-search liberty liberty-interest probation probation-supervision search-and-seizure supervised-release whether-this-court-should-grant-certiorari-vacate- |
I. Whether this Court should grant review to consider whether a condition of supervision requiring the Petitioner to permit a probation officer to vis… |
| 19-5865 |
Pablo Sauste Balderas v. United States |
Fifth Circuit |
2019-09-09 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum |
Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 19-5868 |
William Charles Burgess v. Chuck Bowers, Jr., et al. |
Sixth Circuit |
2019-09-09 |
Denied |
IFP |
4th-amendment circuit-court circuit-court-review criminal-procedure district-court district-court-finding district-court-findings expectation-of-privacy legal-precedent precedent prior-decisions search-and-seizure sixth-circuit |
Whether the Sixth Circuit Court improperly reversed the District Court's finding that Petitioner had an expectation of privacy in and around his busin… |
| 19-5869 |
Jaime Enriquez-Hernandez, aka Jaime Enriques-Hernandez v. United States |
Fifth Circuit |
2019-09-09 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
alleyne almendarez-torres appellate-procedure apprendi constitutional-law criminal-law criminal-procedure due-process judicial-review sentencing sixth-amendment statutory-interpretation supreme-court-precedent |
Whether this Court should consider the continuing validity of Almendarez-Torres v. United States, 523 U.S. 244 (1998), in light of the reasoning of Ap… |
| 19-5870 |
Shakeem Heratio Crawford v. United States |
Fourth Circuit |
2019-09-09 |
Denied |
Response WaivedIFP |
career-offender civil-rights criminal-justice criminal-law criminal-procedure due-process eighth-amendment ex-post-facto first-step-act parole retroactivity sentencing sentencing-retroactivity statutory-interpretation |
Did the Judge Abuse his Discrection under He sth Amendment Due procecc clause by Cotegorically Dening all career orfenders when he stated that career … |
| 19-5872 |
Philip Hugh Wentzel v. United States |
Seventh Circuit |
2019-09-09 |
Denied |
Response WaivedIFP |
appeal certificate-of-appealability collateral-review constitutional-rights conviction criminal-charge criminal-procedure double-jeopardy due-process jurisdiction sentencing sentencing-error |
1. Were petitioner's double jeopardy and due process rights violated by the sponte filing (at petitioner's sentencing) of an additional criminal charg… |
| 19-5875 |
Alfredo Gonzalez-Terrazas v. United States |
Fifth Circuit |
2019-09-09 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
alleyne almendarez-torres appellate-procedure apprendi constitutional-interpretation criminal-law criminal-procedure due-process judicial-review precedent-analysis sentencing supreme-court-review |
Whether this Court should consider the continuing validity of Almendarez-Torres v. United States, 523 U.S. 244 (1998), in light of the reasoning of Ap… |
| 19-5876 |
Joachim Dressler v. Circuit Court of Wisconsin, Racine County |
Wisconsin |
2019-09-09 |
Denied |
Response WaivedIFP |
censorship civil-rights content-seizure criminal-evidence criminal-procedure due-process evidence first-amendment free-speech freedman-v-maryland judicial-review prior-restraint procedural-safeguards southeastern-promotions-ltd-v-conrad |
Do this Court's First Amendment "prior restraint" holdings that command "strict procedural safeguards" designed to obviate the dangers of a freewheeli… |
| 19-5834 |
Thomas David McWaters v. Charles L. Ryan, Director, Arizona Department of Corrections, et al. |
Ninth Circuit |
2019-09-06 |
Denied |
IFP |
appeal civil-rights criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel post-conviction-review standing |
In PetitroweR's ReQuest to the Ninth Circunt Court
No. Owe:
FOR A CeRtWFCATe OF APPEAlAbUAy, WOUld A gURISt OF REASON FINd
rt debatable whetheR he sta… |
| 19-5840 |
Andre Kenneth Stuckey v. California |
California |
2019-09-06 |
Denied |
Response WaivedIFP |
california-supreme-court civil-rights constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct right-to-counsel right-to-fair-trial sentencing supreme-court-review |
WHETHER MR. STUCKEY IS ENTITLED TO HABEAS CORPUS RELIEF WHEN ATTACKING HIS CONVICTION AND SENTENCING ON GROUNDS OF TITLE II A.D.A. AND A.D.A.A.A. VIOL… |
| 19-5846 |
Joshua Eric Townley v. Texas |
Texas |
2019-09-06 |
Denied |
IFP |
appellate-procedure appellate-review constitutional-law constitutional-principles criminal-procedure double-jeopardy due-process judicial-discretion new-trial sua-sponte supremacy-clause trial-court trial-procedure |
Whether a trial judge violates the Supremacy and Double Jeopardy Clauses of the United States Constitution once he grants an Order on motion for New T… |
| 19-5852 |
Roosevelt Leon Cooper v. United States |
Eleventh Circuit |
2019-09-06 |
GVR |
IFP |
case-law certiorari criminal-law criminal-procedure due-process judicial-review mens-rea rehaif-standard remand statutory-interpretation supreme-court supreme-court-precedent vacatur |
Whether the Court should grant certiorari, vacate the judgment below, and remand for reconsideration in light of Rehaif v. United States, 139 S. Ct. 2… |
| 19-5853 |
Jambulat Tkhilaishvili v. United States |
First Circuit |
2019-09-06 |
Denied |
Response WaivedIFP |
criminal-intent criminal-procedure due-process extortion judgment-of-acquittal physical-possession property-transfer scheidler sekhar statutory-interpretation supreme-court-precedent takings |
I. This Court has held in Sekhar and Scheidler that, to be guilty of extortion, the defendant must take physical possession of the victim's property. … |
| 19-5855 |
Flenoid Greer v. Michigan |
Michigan |
2019-09-06 |
Denied |
IFP |
civil-procedure civil-rights constitutional-rights criminal-procedure due-process equal-protection evidence evidence-suppression government-misconduct prosecutorial-misconduct public-officials standing state-officials |
I.
WHETHER MICHIGAN PUBLIC OFFICIALS
FAILED TO
PERFORM THERE
DUTIES AND DEPRIVED
PETITIONER
OF DUE PROCES
OF LAW?
II.
WHETHER DUE PROCESS IS DENIED WH… |
| 19-5860 |
T'Challa Rhashaed Washington v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-09-06 |
Denied |
Relisted (2)IFP |
conflict-among-circuits court-of-appeals criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jackson-v-virginia jackson-virginia-standard judicial-review legal-standard standard-of-review strickland-washington-standard |
A: WHETHER THE DISTRICT STATE COURT OF APPEALS RENDERED A DECISION IN CONFLICT WITH DECISIONS OF THIS COURT AND OTHER COURTS OF APPEALS, WHEN UNREASON… |
| 19-5810 |
Daniel Lopez DeJesus v. Jeff Premo, Superintendent, Oregon State Penitentiary |
Ninth Circuit |
2019-09-05 |
Denied |
Response WaivedIFP |
burden-of-proof constitutional-error criminal-procedure due-process harmless-error in-re-winship ineffective-assistance jury-instruction jury-instructions presumption winship |
Mr. Dejesus alleged that his trial counsel was ineffective for failing to object to a jury instruction that effectively aided the state to surpass the… |
| 19-5811 |
Joe Edger v. United States |
Eighth Circuit |
2019-09-05 |
Denied |
Response WaivedIFP |
ambiguity conflict constitutional-rights contract-law court-of-appeals criminal-procedure criminal-process due-process government-discretion plea-agreement prosecutorial-misconduct |
1. Does the phrase "cited in the affense of conviction" mean "information used in a partriular count of an indictment or information that initiat the … |
| 19-5815 |
Antonio Demetrius Parker v. Virginia |
Virginia |
2019-09-05 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights conviction criminal-procedure due-process exculpatory-evidence false-imprisonment jurisdiction probable-cause search-and-seizure standing warrant-requirement |
#1 Did the Supreme court of Virginia err when it determined
that the circuit court didn't have the jurisdiction to give
the petitioner the relief so… |
| 19-5821 |
Robert Earl Robinson v. Arizona, et al. |
Arizona |
2019-09-05 |
Denied |
IFP |
appellate-jurisdiction appellate-review brady-v-maryland civil-rights constitutional-law constitutional-rights criminal-defense criminal-procedure cross-examination discovery due-process exculpatory-evidence prosecutorial-misconduct sixth-amendment standing statutory-interpretation |
Should the verdict be reversed because the plea was not entered into knowingly intelligently and voluntarily?
Did the prosecution violate Brady requi… |
| 19-5827 |
James Michael Peluso v. Texas |
Texas |
2019-09-05 |
Denied |
IFP |
civil-rights collateral-proceedings constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel legal-claim procedural-bar right-to-counsel sixth-amendment standing |
raise a claim of ineffective assistance at trial?
Whether a prisoner in Texas has a right to effective counsel in collateral proceedings which provid… |
| 19-5829 |
Yoni Castro-Lopez v. United States |
Fifth Circuit |
2019-09-05 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction reasonable-doubt sentencing statutory-maximum |
I. Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and ei… |
| 19-5830 |
William H. Danielson v. New York |
New York |
2019-09-05 |
Denied |
Response WaivedIFP |
appeal-waiver civil-rights criminal-procedure due-process guilty-plea judicial-misconduct prosecutorial-misconduct regulatory-authority standing waiver-of-appeal |
1) Should judicial misconduct survive a waiver of appeal and guilty plea?
2) Should prosecutorial misconduct survive a waiver of appeal and guilty pl… |
| 19-5832 |
Daniel G. Durain v. Florida |
Florida |
2019-09-05 |
Denied |
Response WaivedIFP |
administrative-law criminal-procedure due-process endangered-species-act environmental-regulation evidence federal-agency-discretion habitat-conservation judicial-interpretation jury-instructions mens-rea premeditation reasonable-doubt |
In a First degree premeditated murder trial, can motive be used to establish premeditation?
If so, is a defendant's conviction unconstitutional where… |
| 19-5833 |
Wesley G. Copeland, Sr. v. Kansas |
Kansas |
2019-09-05 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process due-process,criminal-procedure,constitutional-law, equal-protection harmless-error speedy-trial statutory-interpretation |
Question A:
Did the Kansas Court of Appeals err in their analysis of the undisputed violation of a criminal defendant's
Constitutional Due Process Ri… |
| 19-300 |
Beth Lewis Maze, Circuit Judge v. Kentucky Judicial Conduct Commission |
Kentucky |
2019-09-05 |
Denied |
|
administrative-hearing civil-proceeding civil-rights criminal-indictment criminal-procedure due-process fifth-amendment judicial-conduct self-incrimination stay |
Petitioner, a Kentucky Circuit Judge, has been charged by the Kentucky Judicial Conduct Commission in a civil proceeding that could result in removal … |
| 19-303 |
Arthur Rodriguez Bautista v. Texas |
Texas |
2019-09-05 |
Denied |
|
appellate-review criminal-procedure due-process fair-trial habeas-corpus impartial-judge ineffective-assistance ineffective-assistance-of-counsel judicial-bias prosecutorial-misconduct |
1. Whether the trial judge's repeated improper comments throughout the trial demonstrated his bias in favor of the prosecution and denied Petitioner d… |
| 19-288 |
Javier Sanchez, Gregory Casorso, and Michael Marr v. United States |
Ninth Circuit |
2019-09-04 |
Denied |
Amici (2)Response RequestedResponse WaivedRelisted (2) |
antitrust antitrust-law criminal-law criminal-procedure due-process fifth-amendment jury-instructions per-se-rule presumption sherman-act sixth-amendment |
The question presented is whether the operation of the per se rule in criminal antitrust cases violates the constitutional prohibition —grounded in th… |
| 19-298 |
Fernando Juarez v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-09-04 |
Denied |
|
criminal-procedure cruel-and-unusual-punishment de-facto-life-without-parole eighth-amendment ex-post-facto ex-post-facto-clause fourteenth-amendment habeas-corpus juvenile-sentencing miller-v-alabama sentencing-hearing sentencing-law |
In the context of 28 U.S.C. § 2254(d), which allows a n application for a writ of habeas corpus on behalf of a person in custody under a state -court … |
| 19-5780 |
Marvin Robinson v. Darrel Vannoy, Warden |
Fifth Circuit |
2019-09-04 |
Denied |
Response WaivedIFP |
constitutional-law constitutional-rights criminal-procedure due-process fair-trial fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel sixth-amendment |
Whether Petitioner's trial counsel was constitutionally ineffective under the Sixth Amendment to the United States Constitution? and Whether Petitione… |
| 19-5801 |
Emory Chiles v. United States |
Fourth Circuit |
2019-09-04 |
Denied |
Response WaivedIFP |
4th-amendment appellate-review court-of-appeals criminal-procedure district-court evidence-suppression exclusionary-rule fourth-amendment fourth-circuit motion-to-suppress probable-cause search-and-seizure standard-of-review |
Whether the Court of Appeals for the Fourth Circuit erred when it affirmed the district court's denial of Chiles' motion to suppress evidence? |
| 19-5802 |
Travis Wade Matthews v. Pennsylvania |
Pennsylvania |
2019-09-04 |
Denied |
Response WaivedIFP |
appellate-review burden-of-proof civil-rights criminal-procedure dna-evidence dna-testing due-process identification jackson-standard jackson-v-virginia mccoy-v-louisiana victim-identification witness-identification |
I. In a case where the identity of the person who brandished a gun is central to the case, is the choice of whether to ask for DNA testing of the gun,… |
| 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… |
| 19-5807 |
Thedrick Edwards v. Darrel Vannoy, Warden |
Fifth Circuit |
2019-09-04 |
Judgment Issued |
Amici (20)Response RequestedResponse WaivedRelisted (4)IFP |
constitutional-rights criminal-procedure due-process equal-protection fourteenth-amendment jury-selection jury-trial jury-unanimity sixth-amendment state-law |
Whether Louisiana's non-unanimous jury requirement for crimes requiring life sentences violates the Sixth Amendment and Fourteenth Amendment of the Un… |
| 19-5817 |
Kendrick Taylor v. Louisiana |
Louisiana |
2019-09-04 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
apodaca-v-oregon criminal-procedure criminal-trial fourteenth-amendment incorporation-doctrine johnson-v-louisiana jury-trial jury-unanimity sixth-amendment supreme-court-precedent unanimous-verdict |
The issue presented is whether the Sixth Amendment right to a jury trial requires an unanimous jury verdict and, if so, would that unanimity requireme… |
| 19-5818 |
Joshua Wayne Riley v. United States |
Fourth Circuit |
2019-09-04 |
Denied |
Response WaivedIFP |
civil-rights confession-reliability corroboration-requirement criminal-procedure due-process exclusionary-rule fifth-amendment miranda-rights parole-revocation supervised-release |
Hearings to revoke federal supervised release allow defendants to be sentenced to a new prison term based on findings of fact by only a preponderance … |
| 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 |
I. DID THE GOVERNMENT FAIL TO PRESENT SUFFICIENT EVIDENCE TO SUPPORT THE CONVICTIONS BEYOND A REASONABLE DOUBT?
II. WAS PETITIONER RATHBURN DENIED HI… |
| 19-5825 |
Mario Garcia-Zavala v. United States |
First Circuit |
2019-09-04 |
Denied |
Response WaivedIFP |
4th-amendment 5th-amendment booking-exception booking-information-exception constitutional-law criminal-procedure evidence-of-identity fifth-amendment fourth-amendment immigration-crimes miranda-v-arizona miranda-warnings stop-and-identify |
1. Does the booking information exception to the warnings required by Miranda v. Arizona, 384 U.S. 436 (1966), apply to evidence of identity in prosec… |
| 19-5775 |
Richard James Soldan v. Michigan |
Michigan |
2019-09-03 |
Denied |
IFP |
anders-brief anders-procedure appellate-counsel appellate-review court-appointed-counsel criminal-procedure due-process first-tier-review indigent-defendant michigan-court-of-appeals michigan-procedure plea-bargaining right-to-counsel |
MAY THE TRIAL COURT REFUSE TO APPFOINT SUSTITUTE APPELLATE COUNSEL TO AN INDIGENT DEFENDANT CONVICTED ON HIS PLEA WHO SEEKS ACCESS TO FIRST TIER REVIE… |
| 19-5779 |
Eduardo Rodriguez-Lopez v. Florida |
Florida |
2019-09-03 |
Denied |
IFP |
constitutional-rights criminal-procedure ineffective-assistance ineffective-assistance-of-counsel plea-colloquy right-to-defense sixth-amendment strickland strickland-standard |
1. Consistent with the Sixth Amendment, and this Court's decisions in Strickland may the State rely on the plea colloquy as to a prisoner acknowledgin… |
| 19-5781 |
Yong S. Cha, aka Edward Cha v. United States |
Ninth Circuit |
2019-09-03 |
Denied |
Response WaivedIFP |
adversarial-testing criminal-procedure due-process evidentiary-waiver federal-rules-of-criminal-procedure federal-rules-of-evidence plea-bargaining proffer-statements prosecutorial-discretion prosecutorial-misconduct sixth-amendment |
I. When the Government has agreed not to use a defendant's statements except to refute a defense at trial, may the Government only use those proffer s… |
| 19-5782 |
Tyrone Dexter Christian v. United States |
Sixth Circuit |
2019-09-03 |
Denied |
Response WaivedIFP |
criminal-activity criminal-procedure exclusionary-rule fourth-amendment good-faith-exception probable-cause search-warrant totality-of-the-circumstances vague-affidavit vague-and-conclusory |
I. Whether the lower court erred in finding probable cause to search petitioner's home when the court viewed the search warrant affidavit as a whole a… |
| 19-5785 |
Raul Zapata-Dominguez v. United States |
Fifth Circuit |
2019-09-03 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure fourth-amendment home-search indictment jury-trial liberty-deprivation liberty-interest overbreadth probation probation-supervision statutory-maximum statutory-reasonableness supervised-release supervision vagueness |
I. Whether this Court should grant review to consider whether a condition of supervision requiring the Petitioner to permit a probation officer to vis… |
| 19-5786 |
Joshua George Nowland v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-09-03 |
Denied |
IFP |
appellate-jurisdiction barker-v-wingo civil-rights constitutional-rights criminal-procedure due-process judicial-review jurisdiction prejudice pretrial-detention speedy-trial |
Is oppressive pretrial incarceration still an important part of the Barker balancing test for Speedy Trial?
Of the Barker analysis when judging const… |
| 19-5794 |
Dazzle Young v. Francisco J. Quintana, Warden |
Sixth Circuit |
2019-09-03 |
Denied |
Response WaivedIFP |
criminal-procedure due-process evidence evidence-tampering fifth-amendment fourteenth-amendment sentencing |
evidence in violation of due process and violation of his Fifth and Fourteenth Amendments Rights.
(2) Could Mr. Young be sentenced over the maximum 1… |
| 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 |
After pleading guilty to federal narcotics charges, Petitioner was sentenced to life imprisonment based entirely on unverified in-court testimony by a… |
| 19-5744 |
Johnny Ellery Smith v. United States |
Ninth Circuit |
2019-08-30 |
Denied |
Response WaivedIFP |
assimilative-crimes-act criminal-procedure criminal-prosecution federal-jurisdiction indian-country indian-law major-crimes-act state-law tribal-sovereignty |
Did the federal government's prosecution of an Indian for violation of state law in Indian country violate federal statutes and tribal sovereignty ret… |
| 19-5746 |
Howard Griffith v. New York |
New York |
2019-08-30 |
Denied |
Response WaivedIFP |
cause-and-prejudice criminal-procedure due-process federal-review judicial-discretion miscarriage-of-justice post-conviction-relief procedural-default state-appellate-procedures state-appellate-review |
1) Procedural Default is the failure to follow state appellate procedures which bars
federal review of the case in the absence of showing cause for an… |
| 19-5747 |
Jamall Gibson v. United States |
Sixth Circuit |
2019-08-30 |
Denied |
Response WaivedIFP |
constitutional-provisions constitutional-rights criminal-history criminal-procedure drug-conspiracy due-process ineffective-assistance ineffective-assistance-of-counsel sentencing sixth-amendment speedy-trial |
QUESTION # ONE: Whether Petitioner Gibson's counsel provided him with ineffective assistance of counsel by failing; to effectively investiga te his HY… |
| 19-5762 |
Stevrick Tavah Jackson v. Florida |
Florida |
2019-08-30 |
Denied |
IFP |
constitutional-rights criminal-procedure cruel-and-unusual-punishment eighth-amendment habeas-corpus life-sentence parole sentencing twenty-one |
Whether the courts below decided an important federal question in a way that conflicts with the relevant decisions of this Honorable Court when they d… |
| 19-5767 |
Virgil Lee Bailey v. United States |
Fifth Circuit |
2019-08-30 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure due-process factual-basis guilty-plea harmless-error judicial-standard plain-error plain-error-review plea-bargaining plea-sufficiency sullivan-v-louisiana |
I. Whether the sufficiency of a factual basis for a defendant's plea should be subject to plain error review, or whether, under Sullivan v. Louisiana,… |
| 19-5768 |
Steven Villalona v. Florida |
Florida |
2019-08-30 |
Denied |
Response WaivedIFP |
barker-v-wingo constitutional-law criminal-procedure detainer due-process prisoner-rights rehabilitative-programs sixth-amendment smith-v-hooey speedy-trial |
(1) What effect, if any, does the filing of a detainer have on a
prisoner's right to a speedy trial under the Sixth Amendment?
(2) To what degree ar… |
| 19-5770 |
Danny Lee Banks v. United States |
Sixth Circuit |
2019-08-30 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fifth-amendment fourteenth-amendment johnson-precedent residual-clause sentencing sixth-amendment unconstitutional unconstitutional-sentencing |
1) DID THE APPEALS COURT AND DISTRICT COURT VIOLATE BANKAS
FIFTH, SIXTH AND FOURTEENTH AMENDMENT RIGHTS BY UPHOLDING
A SENTENCE THAT WAS BASED ON TH… |
| 19-5738 |
Carlos Manuel Perez-Crisostomo v. United States |
First Circuit |
2019-08-29 |
Denied |
Response WaivedIFP |
acceptance-of-responsibility criminal-procedure due-process identity name obstruction-of-justice plea-agreement puerto-rico sentencing sentencing-court sentencing-enhancement sentencing-guidelines u.s.s.g.-3c1.1 |
I.- Whether the Sentencing Court erred in founding Petitioner obstructed
justice, pursuant to U.S.S.G. § 3C1.1, when Petitioner did not correct
the … |
| 19-5741 |
Jose Marin Saldana-Reyes v. United States |
Ninth Circuit |
2019-08-29 |
Denied |
Response WaivedIFP |
appellate-review circuit-split criminal-procedure due-process judicial-consideration non-frivolous-arguments procedural-reasonableness reasonableness sentencing sentencing-procedure sentencing-standard |
In contrast with the Ninth Circuit, at least seven other circuits apply a standard which requires a sentencing judge provide some express treatment to… |
| 19-5742 |
Robert Gene Rand v. United States |
Ninth Circuit |
2019-08-29 |
Denied |
Response WaivedIFP |
acceptance-of-responsibility appellate-review criminal-procedure district-court district-court-discretion factual-findings ninth-circuit plea-agreement sentencing-guidelines sentencing-guidelines-application sentencing-reductions standard-of-review |
Whether a circuit court errs by affirming a district court's decision regarding the applicability of the United States Sentencing Guidelines based on … |
| 19-5751 |
Charles Massengill v. United States |
Sixth Circuit |
2019-08-29 |
Denied |
Response WaivedIFP |
4th-amendment criminal-procedure due-process fourth-amendment interstate-compact parole parole-supervision parolee-rights reasonable-suspicion search-and-seizure state-statute warrantless-search |
Whether reasonable suspicion is required for a law enforcement officer to conduct a warrantless search of a parolee or his residence in the absence of… |
| 19-5753 |
Trayone Lefferio Bell v. United States |
Eleventh Circuit |
2019-08-29 |
Denied |
Response WaivedIFP |
18-usc-1029 constitutional-rights criminal-intent criminal-law-mens-rea criminal-procedure due-process flores-figueroa-v-united-states intent jury-instructions knowingly knowledge mens-rea rehaif-v-united-states statutory-interpretation |
1) To satisfy the "knowingly" and with "intent" in 18 U.S.C. § 1029(A)(3), Do Courts have to prove precise "mens rea" as set forth in Rehaif v. United… |
| 19-5754 |
Charmar Brown v. United States |
Eighth Circuit |
2019-08-29 |
Denied |
Response WaivedIFP |
advisory-guidelines collateral-attack constitutional-challenge criminal-procedure cross-reference double-jeopardy due-process habeas-corpus magwood magwood-precedent sentencing sentencing-guidelines |
Whether Magwood extended to challenges to the original undisturbed conviction, following a new judgment?
Whether Murder Cross-reference U.S.S.G. 2D1.… |
| 19-5756 |
In Re James Bryant |
|
2019-08-29 |
Denied |
Relisted (2)IFP |
civil-rights constitutional-review criminal-procedure due-process felony-murder felony-murder-doctrine-retroactivity habeas-corpus habeas-corpus-jurisdiction jurisdiction retroactive-application retroactivity subject-matter-jurisdiction vagueness |
Whether the state trial court lacked subject-matter jurisdiction by convicting Petitioner in 1971 under a vague first-degree murder statute, MCL § 750… |
| 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? |
| 19-5760 |
Aly Toure v. New York |
New York |
2019-08-29 |
Denied |
Response WaivedIFP |
appeal appellate-review civil-procedure civil-rights criminal-procedure due-process judicial-procedure mental-health standing supreme-court-precedent waiver-of-rights |
1. DID THE APPELMTE DIVISION VIOLATE CLEARLY ESTABLISHED FEDERAL
SUPREME COURT RATIFIED LAW ?
2. DID THE LOWER COURT OVERLOOK DEFENDANTS SIGNIFICANT… |
| 19-264 |
Brandon Kelly, Superintendent, Oregon State Penitentiary v. Lydell Marcus White |
Oregon |
2019-08-29 |
Dismissed |
Response RequestedRelisted (4) |
8th-amendment constitutional-law criminal-procedure cruel-and-unusual-punishment eighth-amendment juvenile-offenders juvenile-sentencing mandatory-sentences miller-v-alabama non-mandatory-sentence non-mandatory-sentences |
Respondent received a 67-year non-mandatory sentence 25 years ago, when he was 15 years old, for the murder of an elderly couple.
Does the Eighth Ame… |
| 19-265 |
Brandon Kelly, Superintendent, Oregon State Penitentiary v. Laycelle Tornee White |
Oregon |
2019-08-29 |
Dismissed |
Response RequestedRelisted (4) |
8th-amendment constitutional-law criminal-procedure criminal-sentencing eighth-amendment juvenile-offenders juvenile-sentencing mandatory-sentences miller-v-alabama non-mandatory-sentence non-mandatory-sentences sentencing |
Respondent received a 67-year non-mandatory sentence 25 years ago, when he was 15 years old, for the murder of an elderly couple.
Does the Eighth Ame… |
| 19-5723 |
Melvin Bernard Thompson v. Mark S. Inch, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2019-08-28 |
Denied |
IFP |
Almendarez-Torres Apprendi-v-New-Jersey criminal-procedure criminal-sentencing due-process fourteenth-amendment habeas-corpus judicial-discretion sentencing sentencing-guidelines sixth-amendment stare-decisis |
1. Can a Florida Law permit a trial court to exercise judicial discretion to make
new findings of fact of an escalating pattern of criminal conduct b… |
| 19-5730 |
Lawrence Michael Lynde v. United States |
Sixth Circuit |
2019-08-28 |
Denied |
Response WaivedIFP |
child-pornography civil-rights constitutional-law criminal-history criminal-procedure due-process federal-courts federal-sentencing sentencing-discretion sentencing-factors sentencing-guidelines sex-offender-treatment sixth-circuit-appeal standing statutory-interpretation victim-restitution |
Question not identified. |
| 19-5740 |
Jeffrey L. Miller v. Kathy Brittain, Superintendent, State Correctional Institution at Frackville, et al. |
Third Circuit |
2019-08-28 |
Denied |
IFP |
civil-rights constitutional-violation criminal-procedure deprivation-of-rights due-process false-evidence prosecutorial-misconduct self-defense wrongful-conviction |
Americans for conduct Not in violntioN of statute's,
ANd is it Ok to knowingly bring
frlse witnesses to
A
Americans justifiable conduct ?
Post Oct, 19… |
| 19-5743 |
Michael Dewayne Hegwood v. United States |
Fifth Circuit |
2019-08-28 |
Denied |
Response WaivedIFP |
18-usc-3553 18-usc-3582 binding-precedent career-offender criminal-procedure criminal-resentencing federal-jurisdiction first-step-act jurisdiction sentencing sentencing-reduction statutory-interpretation |
1. Does the First Step Act authorize a court to "impose" a reduced
sentence in accordance with such statutes as 18 U.S.C. §§ 3553(a) and
3582(a), or d… |
| 19-5716 |
Karl Heinz Dupuy v. Unknown |
Fourth Circuit |
2019-08-27 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure discovery due-process exculpatory-evidence expert-opinion fair-trial innocence medical-records mental-state post-conviction-discovery self-defense standing |
was the life of my Pregnant comfanion & being protected from imminent danger trom burg lary& Abducic with real threat by two YoUne men in their posses… |
| 19-5718 |
Alexander Lee Salazar v. United States |
Fifth Circuit |
2019-08-27 |
Denied |
Response WaivedIFP |
acceptance-of-responsibility appeal criminal-procedure district-court district-court-discretion mitigating-factors mitigating-role offense-level role-adjustment sentencing-guidelines |
L Did the district court err when it declined to grant Mr. Salazar a
mitigating role adjustment under the Guidelines?
I. Did the district court err w… |
| 19-5665 |
Douglas Harold Doyle v. David Baughman, Warden |
Ninth Circuit |
2019-08-26 |
Denied |
Response WaivedIFP |
2nd-amendment civil-rights criminal-procedure due-process habeas-corpus parole retroactivity sentencing standing |
Parsuant to U.S. Sup. C. ruke 1H. 1(a). In 2o08, Pefitioner was convictedf ofa'misdemeanor' D.U.I.(V.C.823152). This was elevated to a felory ander P.… |
| 19-5710 |
Chidi Ezeobi v. Jamal Jamison, Warden |
Third Circuit |
2019-08-26 |
Denied |
Response WaivedIFP |
credit criminal-procedure due-process extradition foreign-incarceration incarceration international-law sentence-credit sentencing sentencing-court sentencing-credit statutory-interpretation |
1. Is Mr. Ezeobi entitled to seven months of credit toward his sentence for the time he was incarcerated in England awaiting extradition to the United… |
| 19-5711 |
Charles Fritsche v. Robert Legrand, Warden, et al. |
Ninth Circuit |
2019-08-26 |
Denied |
Response WaivedIFP |
buck-v-davis certificate-of-appealability criminal-procedure due-process federal-habeas-corpus habeas-corpus ineffective-assistance-of-counsel ninth-circuit ninth-circuit-review post-conviction post-conviction-proceedings |
Whether this Court Should Grant this Petition, Vacate the Ninth Circuit's Certificate of Appealability Denial, and Remand the Matter for Further Recon… |
| 19-246 |
Massood Jallali v. Florida |
Florida |
2019-08-26 |
Denied |
Response Waived |
affirmative-defense brady-rule brady-violation-claim criminal-procedure discovery due-process evidence theory-of-innocence |
WHETHER THE TRIAL COURT DEPARTED FROM THE ESSENTIAL REQUIREMENTS OF LAW IN DISCOVERY RULINGS THAT RESULTED IN A MISCARRIAGE OF JUSTICE AND DEPRIVATION… |
| 19-250 |
Oklahoma v. Jesse Allen Johnson |
Oklahoma |
2019-08-26 |
GVR |
Response RequestedResponse WaivedRelisted (5) |
constitutional-rights criminal-procedure cruel-and-unusual-punishment eighth-amendment jury-factfinding jury-trial juvenile-sentencing life-without-parole miller-v-alabama montgomery-v-louisiana sixth-amendment |
Does the Sixth Amendment require that the individualized sentencing proceeding necessary to impose a life-without-parole sentence upon a juvenile homi… |
| 19-243 |
Richard M. Camacho v. United States |
Armed Forces |
2019-08-23 |
Denied |
Response Waived |
criminal-procedure due-process ineffective-assistance-of-counsel military-justice presumption-of-innocence prosecutorial-misconduct sexual-assault sixth-amendment sufficiency-of-evidence |
I. Whether the Army's Sexual Harassment Assault Response and Prevention Program (SHARP) reversed the constitutional presumption of innocence, diluted … |
| 19-5681 |
Raphael Person, Jr. v. United States |
Sixth Circuit |
2019-08-23 |
Denied |
Response WaivedIFP |
appeals appellate-review criminal-procedure district-court-discretion due-process federal-courts harmless-error judicial-discretion sentencing sentencing-guidelines |
Whether, when a district court imposes a sentence based on several factors, one of which is improper, the court of appeals should affirm the sentence … |
| 19-5684 |
In Re Kendall Dean Mitchell |
|
2019-08-23 |
Pending |
Relisted (3)IFP |
aedpa aedpa-limitations anti-terrorism-effective-death-penalty-act criminal-procedure habeas-corpus indian-law subject-matter-jurisdiction supremacy-clause treaties treaty-jurisdiction treaty-with-indians |
(1) Whether the filing limitations AEDPA apply to claims that state courts lacked of
subject matter jurisdiction in criminal cases due to provisions i… |
| 19-5686 |
Ronnie L. Payne v. United States |
District of Columbia |
2019-08-23 |
Denied |
Response WaivedIFP |
burden-of-proof constitutional-error criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel jury-instruction jury-instructions reasonable-doubt |
WAS TRIAL COUNSEL'S PERFORMANCE OBJECTIVELY UNREASONABLE WHEN HE DID NOT OBJECT TO THE TRIAL JUDGE'S FAULTY REASONABLE-DOUBT INSTRUCTION DIRECTING THE… |
| 19-5690 |
Seth DiSanto v. Mark S. Inch, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2019-08-23 |
Denied |
Response WaivedIFP |
campbell-v-state constitutional-law criminal-procedure due-process ex-post-facto ineffective-assistance ineffective-assistance-of-counsel plea-withdrawal rule-3.172(g) strickland-standard strickland-v-washington |
Whether the Eleventh Circuit Court of Appeals erred by ruling DiSanto's lawyer was not ineffective by failing to bring to the attention of the trial c… |
| 19-5691 |
Roxanne Marie Carpenter v. United States |
Ninth Circuit |
2019-08-23 |
Denied |
Response WaivedIFP |
attorney-client-privilege conspiracy conspiracy-liability criminal-procedure criminal-procedure-rules duress-defense ninth-circuit-rule pinkerton-instruction pinkerton-liability pre-trial-disclosure work-product work-product-doctrine work-product-privilege |
I. The Ninth Circuit has a "Vasquez-Landaver1" rule requiring a criminal defendant to lay out, in detail, her defense before the Government even calls… |
| 19-5692 |
Larry Dean Cochrun v. Bob Dooley, Warden |
Eighth Circuit |
2019-08-23 |
Denied |
Relisted (2)IFP |
brady-violation civil-rights constitutional-violation court-flexibility criminal-procedure due-process equal-protection error-correction habeas-corpus innocence judicial-review miscarriage-of-justice standing statutory-authority wrongful-conviction |
Congress conshained orgivenflexibility
Has U.S.ofA'S
for U.S.A Judges or Courts to deny or delay a miscarriage of
juicesurfd wtnts reac to be codanexa… |
| 19-5693 |
Harlow Hutchinson v. Louisiana |
Louisiana |
2019-08-23 |
Denied |
Response RequestedResponse WaivedRelisted (3)IFP |
constitutional-amendment criminal-procedure due-process fifth-amendment fourteenth-amendment jury-trial jury-unanimity sixth-amendment unanimous-verdict |
Whether Petitioner was constitutionally entitled to a unanimous jury under the Fifth, Sixth, and Fourteenth Amendments to the United States Constituti… |
| 19-5697 |
Felipe Vinagre-Hernandez v. United States |
Fifth Circuit |
2019-08-23 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
criminal-procedure detention detention-motion federal-rules-of-criminal-procedure indictment judicial-interpretation jurisdiction legal-timing pretrial-motion speedy-trial-act |
Whether a motion for detention filed before an indictment or information charging a person has been obtained is a pretrial motion within the meaning o… |
| 19-5699 |
Robert Gray v. United States |
Fifth Circuit |
2019-08-23 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
commerce-clause criminal-law criminal-procedure criminal-statute due-process federal-firearms-law federal-jurisdiction federal-law firearm-possession firearms interstate-commerce jurisdictional-element mens-rea statutory-interpretation |
1. Whether 18 U.S.C. §922(g ) authoriz es conviction upon proof that a firearm once crossed
state lines at an unspecified prior occasion, when there i… |
| 19-5606 |
Ndokley Peter Enow v. Ricky Foxwell, Warden, et al. |
Fourth Circuit |
2019-08-23 |
Denied |
Response WaivedRelisted (2)IFP |
4th-amendment 5th-amendment civil-rights constitutional-rights criminal-procedure due-process evidence exclusionary-rule fourth-amendment plea-bargaining probable-cause search-and-seizure sentencing standing |
Did the trial court erred by admitting into evidence of the illegally obtained wiretapped tape recording of the defendant's oral conversations with th… |
| 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.
THE FEDERAL CONFRONTATION CLAUSE (6TH AMEND.)(was violated).
DENIAL OF SIXTH AMENDMENT. RIGHT TO EFF… |
| 19-5664 |
Curtis Lee Sheppard, Jr. v. Texas |
Texas |
2019-08-23 |
Denied |
Relisted (2)IFP |
appeals appellate-review civil-procedure criminal-motivation criminal-procedure Does the application of the 'enterprise profits' t double-jeopardy due-process federal-prosecution jurisdiction pecuniary-gain rico-enterprise standing standing-issue statutory-interpretation vcar-statute |
1. IF THE TRIAL COURT LACKED JURTEDICTIOON DECTION TO SETTHE CONVECTION -JUDGMENT AEIDE AND DEEMISETHELAUSE.
2. THE TREAL COURT /THE COURT OF CREMONA… |
| 19-5668 |
Jerry Ellis, aka Jerry Leonard Ellis v. Noel Barlow-Hust, Warden |
Ninth Circuit |
2019-08-22 |
Denied |
Response WaivedIFP |
civil-rights-counsel continuance due-process ineffective-assistance sixth-amendment trial-preparation appeals civil-rights constitutional-rights criminal-procedure district-court due-process federal-procedures habeas-corpus ineffective-assistance post-conviction post-conviction-relief standing |
(1.) DID THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT (ERRED) BY DENYING APPELLANT'S MOTION TO STAY (DOCKET ENTRY NO. 4)
(2.) DID THE UNI… |
| 19-5669 |
Matthew Davis v. United States |
Eighth Circuit |
2019-08-22 |
Denied |
Response WaivedIFP |
conspiracy conspiracy-to-distribute constructive-amendment criminal-procedure due-process fifth-amendment ineffective-assistance ineffective-assistance-of-counsel jury-instructions |
Petitioner is serving a 360-month sentence for a charge of Conspiracy to Distribute 1000 grams or more of heroin and same amount of cocaine, in violat… |
| 19-5644 |
Keith Stuart Cumbee v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-08-21 |
Denied |
IFP |
criminal-procedure does-judicial-confession double-jeopardy due-process due-process-clause fifth-amendment fourteenth-amendment habeas-corpus indigent-defendant judicial-confession legal-assistance legal-assistance-clause sixth-amendment without-prior-appointment-of-counsel without-waiver |
Despite lower court COA denial, should this Court consider, or remand for consideration, habeas claims: a. Does judicial confession in this case, with… |
| 19-5654 |
Shederro Lemarc Brooks v. United States |
Fifth Circuit |
2019-08-21 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-statute due-process federal-firearms-law federal-law firearm-possession interstate-commerce jurisdictional-element mens-rea statutory-interpretation |
1. Whether 18 U.S.C. §922(g ) authoriz es conviction upon proof that a firearm once crossed state lines at an unspecified prior occasion, when there i… |
| 19-5655 |
Chadwick N. Barner v. Illinois |
Illinois |
2019-08-21 |
Denied |
Response WaivedIFP |
appellate-review constitutional-rights criminal-procedure due-process equal-protection fair-trial illinois-supreme-court-rule-431(b) impartial-jury jury-selection post-conviction-relief sixth-amendment voir-dire |
1) CAN A SPECIFIC TRIBUTE TO KILL BE INFERRED BASED ON THE ACT OF PUSHING A PERSONS HEAD UNDERWATER?
2) CAN THE STATES PRESENTATION OF NONCUMULATIVE … |
| 19-5660 |
Alfonso Sanchez v. Pennsylvania |
Pennsylvania |
2019-08-21 |
Denied |
IFP |
circuit-split criminal-procedure double-jeopardy due-process fifth-amendment jury-verdict mistrial oregon-v-kennedy prosecutorial-misconduct reversal-of-conviction |
Does the Double Jeopardy Clause bar retrial when a prosecutor's misconduct, committed for the purposes of diminishing a defendant's chance of acquitta… |
| 19-227 |
Adnan Syed v. Maryland |
Maryland |
2019-08-21 |
Denied |
Amici (3) |
constitutional-review criminal-procedure ineffective-assistance ineffective-assistance-of-counsel judicial-review jury-disbelief jury-evaluation prejudice prejudice-analysis standard-of-review state-case-presentation state-prosecution strickland-standard strickland-v-washington |
Whether a court evaluating prejudice under Strickland v. Washington, 466 U.S. 668 (1984), must take the State's case as it was presented to the jury, … |
| 19-230 |
Douglas Prade v. Ohio |
Ohio |
2019-08-21 |
Denied |
|
burden-of-proof criminal-procedure due-process federal-criminal-procedure fourteenth-amendment newly-discovered-evidence state-courts state-criminal-procedure trial-rights |
With a single exception, criminal defendants in the
United States seeking a new trial based on newly
discovered evidence are required to establish onl… |
| 19-5630 |
Roosevelt Stolden v. California |
California |
2019-08-20 |
Denied |
Response WaivedIFP |
alleyne-v-united-states apprendi-rule apprendi-v-new-jersey consecutive-sentencing criminal-procedure criminal-sentencing due-process judicial-fact-finding preponderance-of-evidence sentencing sentencing-guidelines stare-decisis |
Should the Court reconsider its majority opinion in Oregon v. Ice, 555 U.S. 160, 167-168, 173-177, 129 S.Ct. 711, 172 L.Ed.2d 517 (2009) (Ice) which p… |
| 19-5633 |
James F. Johnson v. Richard S. Tischner, Director, Court Services and Offender Supervision Agency, et al. |
District of Columbia |
2019-08-20 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
civil-rights constitutional-rights criminal-procedure custodial-authority due-process habeas-corpus judicial-review parole public-records sex-offender-registration standing |
1.
DID THE COURT BELOW WAIVE IT'S POLICY OF NOT TO REVIEW OR OVERTURN ANY
DECISION RENDERED BY AND FROM THE APPEALS COURT OF DISTRICT OF COLUMBIA IN … |
| 19-5634 |
Daniel Marquez v. United States |
Ninth Circuit |
2019-08-20 |
Denied |
Response WaivedIFP |
9th-circuit appellate-review criminal-procedure criminal-sentencing downward-adjustment minor-role ninth-circuit sentencing sentencing-adjustment statutory-interpretation supreme-court-rule-10 ussg-3b1.2 |
Petitioner contends that the U.S. Court of Appeals for the 9th Circuit erred in affirming the lower Court decision deny minor role after failing to pr… |
| 19-5642 |
John Emmett Brown, Jr., and Derrick Louis Carter v. United States |
Ninth Circuit |
2019-08-20 |
Denied |
Response WaivedIFP |
brady-materiality brady-v-maryland criminal-procedure due-process duress-defense exculpatory-evidence government-disclosure materiality prosecutorial-misconduct witness-testimony |
In the context of a duress defense, is the government's untimely disclosure of exculpatory evidence that (1) corroborates the defendants' wellgrounded… |
| 19-5645 |
Thomas Potts v. California |
California |
2019-08-20 |
Denied |
IFP |
burden-of-proof criminal-procedure due-process jury-instruction jury-instructions possession-of-stolen-property reasonable-doubt robbery robbery-murder theft |
Where a criminal defendant is charged with robbery (and thus death-eligible robbery-murder) and the jury must decide whether the prosecution proved ro… |
| 19-5646 |
Brian Caputo v. United States |
Ninth Circuit |
2019-08-20 |
Denied |
Response WaivedIFP |
cognitive-capacity cognitive-impairment competency criminal-procedure criminal-procedure-plea-bargaining due-process knowing-intelligent-waiver mental-capacity neurological-impairment neurology plea-agreement |
Does a defendant knowingly, voluntarily, and intelligently enter into a plea agreement where he is neurologically incapable of understanding the futur… |
| 19-5631 |
Joe Fernandez v. United States |
Second Circuit |
2019-08-19 |
Denied |
Response WaivedIFP |
18-usc-924c aider-and-abettor aider-and-abettor-liability aiding-and-abetting criminal-liability criminal-procedure criminal-procedure-error-analysis harmless-error jury-instruction rosemond-standard rosemond-v-united-states statutory-interpretation sufficiency-of-evidence |
1. Whether the failure to give an instruction on aider and abetter liability for a violation of 18 U.S.C. § 924(c) that comported with this Court's de… |
| 19-5638 |
Jeffrey E. Lee v. Florida |
Florida |
2019-08-19 |
Denied |
Response RequestedRelisted (2)IFP |
betterman-v-montana constitutional-rights criminal-procedure delay due-process indigent-defendant right-to-counsel sentencing sentencing-delay standard |
I.
IN THE WAKE OF THE QUESTION LEFT OPEN BY
THE COURT IN BETTERMAN v. MONTANA . 136 S.CT.
1609 (2016), DOES THE DUE PROCESS CLAUSE
CREATE AN ENTITL… |
| 19-5639 |
Kirby D. Crawford v. Georgia |
Georgia |
2019-08-19 |
Denied |
IFP |
civil-rights criminal-procedure deprivation-of-rights due-process evidence-of-proof evidentiary-standards fair-trial grand-jury indictment judicial-error legal-procedure petitioner standing trial-court |
Whether the trial Court erred to charge my he UE n__I sued__ wot aves sAessed Aaa SS! N. tac. 1__Of8 Ye by "the _gaches prior 4s _oe at tetal 2 cach _… |
| 19-208 |
Mark A. Beckham v. United States |
Eighth Circuit |
2019-08-19 |
Denied |
|
appellate-review constitutional-rights criminal-procedure due-process harmless-error jury-instruction jury-instructions reasonable-doubt standard-of-review |
Because only a jury, acting on proof beyond a
reasonable doubt, may take a person's liberty, when,
if ever, is it constitutionally permissible for a… |
| 19-216 |
Harold Persaud v. United States |
Sixth Circuit |
2019-08-19 |
Denied |
Response Waived |
certificate-of-appealability criminal-procedure daubert-standard district-court-opinion district-court-review due-process expert-testimony habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judgment-of-conviction merits-review motion-to-vacate standard-of-review |
1. Whether Reasonable Jurists Could Debate the
Denial of Petitioner's Motion to Vacate and Set
Aside his Judgment of Conviction where the District
Cou… |
| 19-203 |
David Greenberg v. United States |
Second Circuit |
2019-08-16 |
Denied |
Response Waived |
appellate-review circuit-court-review cooperation-agreement criminal-procedure criminal-sentencing reasonableness reasonableness-of-sentence reasonableness-standard second-circuit sentence-disparity sentencing sentencing-disparities sentencing-guidelines unwarranted-disparity |
Did the Second Circuit err in affirming Petitioner David Greenberg's sentence without addressing (1) the sentencing court's failure to consider the pr… |
| 19-5613 |
Luis Samayoa-Castillo v. United States |
Eleventh Circuit |
2019-08-16 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure district-court-discretion federal-sentencing-guidelines gall-v-united-states harmless-error molina-martinez-v-united-states rosales-mireles-v-united-states sentencing sentencing-error |
When the district court expressly relies upon a clearly erroneous fact in selecting its sentence, is the error harmless if there are other factors in … |
| 19-5614 |
Robert Ricks v. United States |
Fifth Circuit |
2019-08-16 |
Denied |
Response WaivedIFP |
compulsory-process criminal-procedure defense-witness due-process fifth-amendment immunity perjury perjury-threat prosecutorial-misconduct sixth-amendment witness-immunity witness-intimidation |
Whether the grant of use and derivative use immunity to a defense witness, which specifically excluded any "prosecution for perjury, giving a false st… |
| 19-5619 |
Leonardo R. German v. Jerry Goodwin, Warden |
Fifth Circuit |
2019-08-16 |
Denied |
IFP |
competency constitutional-rights consular-assistance consulate-assistance criminal-procedure double-jeopardy due-process habeas-corpus mental-health miranda-rights sanity-hearing |
1) Did Mr. German possess a Constitutional right to a SANITY COMMISSION HEARING, after his new lawyer raised issues as to his competency prior to the … |
| 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 |
1. Does the admission of Coerced Statements by Non-defendant Witnesses deprive a defendant of Due Process of law, when they are used during trial as s… |
| 19-5623 |
Deshawn Legrier v. United States |
Second Circuit |
2019-08-16 |
GVR |
IFP |
18-usc-922 18-usc-924 criminal-indictment criminal-procedure due-process federal-jurisdiction firearms firearms-possession indictment knowingly-element rehaif-standard rehaif-v-united-states statutory-interpretation subject-matter-jurisdiction |
In light of this Court's decision in Rehaif v. United States, 139 S.Ct. 2191 (2019) -- which held that the elements of an offense under 18 U.S.C. § 92… |
| 19-5624 |
Zachary William Hicks v. United States |
Ninth Circuit |
2019-08-16 |
Denied |
Response WaivedIFP |
abuse-of-discretion criminal-procedure criminal-sentencing due-process hicks-factors ineffective-assistance judicial-review sentencing-factors sentencing-guidelines sentencing-review sixth-amendment trial-court-discretion |
Whether the Trial Court Imposed an Unreasonable Sentence by Failing to Adequately Consider Hicks' Factors and Whether Trial Counsel Rendered Ineffecti… |
| 19-5596 |
Eric T. Latham v. United States |
Sixth Circuit |
2019-08-15 |
Denied |
Relisted (2)IFP |
4th-amendment arizona-v-gant civil-rights criminal-procedure evidence fourth-amendment minor-traffic-offense probable-cause search-incident-to-arrest traffic-offense vehicle-search |
Is whether this Court's ruling in Arizona v. Gant, 556 U.S. 332 (2009), permitted police officers to conduct a "search incident to arrest" for only "p… |
| 19-5598 |
Wade Hampton Bigelow, aka Ray Ford Gore v. United States |
Fifth Circuit |
2019-08-15 |
Denied |
Response WaivedIFP |
civil-rights competence-to-stand-trial competency constitutional-rights criminal-procedure discrimination due-process ineffective-assistance-of-counsel insanity-defense judicial-discretion mental-competency mental-health mental-health-records psychiatric-evaluation |
1. Whether the District Court Failed To Rule consistent with the Insanity Defense Reform Act (IDRA) (18 U.S.C. § 17) by failing to make a differentiat… |
| 19-5602 |
Kirk Wayne McBride, Sr. v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-08-15 |
Denied |
IFP |
administrative-agency administrative-law civil-rights constitutional-rights criminal-procedure declaratory-relief due-process exclusionary-rule exhaustion-of-remedies federal-jurisdiction fourth-amendment habeas-corpus probable-cause search-and-seizure standing |
Question No. 1: Did the court of appeale error by
cenging a kertificate a
BPR0
whether the cistrc
Pehtover's fecleral hebees petton
Ome uwclerTatle 2
… |
| 19-5569 |
Gary L. Brown v. Pennsylvania |
Pennsylvania |
2019-08-14 |
Denied |
Response WaivedIFP |
14th-amendment 5th-amendment actual-innocence constitutional-rights criminal-procedure dna-evidence due-process judicial-review wrongful-conviction |
THIS IS AN EXCEPTIONAL CASE. THE PETITIONER WAS CONVICTED ON SEPTEMBER 30, 1998; (the jury found petitioner guilty 2 counts of murder in the first deg… |
| 19-5588 |
Luis Ordonez-Vega v. United States |
Fourth Circuit |
2019-08-14 |
Denied |
Response WaivedIFP |
appeal appellate-counsel civil-rights conflict-of-interest criminal-procedure due-process inadequate-representation-of-counsel ineffective-assistance ineffective-assistance-of-counsel merit-review section-2255 waive waiver |
DID CONFLICT OF INTEREST ARISE WHEN APPELLATE COUNSEL'S FAILED TO RAISE NON-FRIVOLOUS MERIT(S) "INEFFECTIVE ASSISTANCE OF COUNSEL" ON DEFENDANT'S FIRS… |
| 19-5589 |
Marlon Leroy Porch v. T. Watson, Warden |
Fifth Circuit |
2019-08-14 |
Denied |
Response WaivedIFP |
criminal-procedure fundamental-defect maximum-sentence saving-clause sentence-review sentencing sentencing-enhancement statutory-interpretation statutory-maximum |
I. WHETHER A FUNDAMENTAL DEFECT IS SUFFICIENT TO SATISFY THE SAVING CLAUSE WHERE PETITIONER ERRONEOUS ENHANCE SENTENCE FELL BENEATH THE STATUTORY MAXI… |
| 19-5552 |
Kevin Devon Sutton v. Nevada |
Nevada |
2019-08-13 |
Denied |
IFP |
appellate-procedure civil-rights constitutional-law constitutional-provisions criminal-procedure due-process equal-protection free-speech judicial-review legal-rights sentencing statutory-interpretation statutory-provisions |
WHETHER SUTTON IS ACTUALLY INNOCENT OF FIRST DEGREE MURDER?
DOES THE COURT OF APPEALS' DECISION VIOLATE SUTTON'S RIGHTS TO EQUAL PROTECTION AND DUE P… |
| 19-5562 |
Sekou Kouyate v. United States Customs and Border Protection |
Second Circuit |
2019-08-13 |
Denied |
Response WaivedRelisted (2)IFP |
appeals civil-procedure civil-rights criminal-procedure due-process free-speech habeas-corpus ineffective-assistance-of-counsel standing takings |
Hu
n o a
D
down my Mneget me l IA,
FBI, Mis Cutoms and Border
protection
USCIS SSA, MTA, all Vdated My fu Conio
in their full.
and ethers
Righb… |
| 19-5563 |
Ian Alexander Bowline v. United States |
Tenth Circuit |
2019-08-13 |
Denied |
IFP |
appellate-review circuit-split criminal-procedure federal-rules-of-criminal-procedure plain-error plain-error-review pretrial-motions timeliness waiver |
Federal Rule of Criminal Procedure 12 no longer provides that the consequence of not timely making a required, pretrial motion is a waiver. Can an app… |
| 19-5575 |
Antwaine Enta Yarbrough v. United States |
Fifth Circuit |
2019-08-13 |
Denied |
Relisted (2)IFP |
criminal-law criminal-procedure drug-offense due-process federal-jurisdiction habeas-corpus precedent sentencing sentencing-guidelines statutory-interpretation statutory-provisions supreme-court supreme-court-review |
Whether this Court should hold the instant petition in light of Shular v. United States, 15-1498, U.S._, _S.Ct. —, 2019 WL 2649851 (June 28, 2019)? |
| 19-5581 |
William Henry Stephens, Jr. v. United States |
Fourth Circuit |
2019-08-13 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process guilty-plea judicial-discretion knowing-and-intelligent plea-bargaining right-to-counsel right-to-jury-trial voluntariness |
Whether a Court can Rightfully Accept a Defendant's Guilty Plea when Such Plea was Not Made Knowingly and Intelligently. |
| 19-5536 |
Gabriel Vashon Seay v. United States |
Fourth Circuit |
2019-08-12 |
Denied |
Response WaivedIFP |
case-law criminal-procedure due-process ineffective-assistance ineffective-counsel investigation legal-investigation plea-agreement plea-bargaining right-to-counsel strickland-standard strickland-v-washington |
Where Strickland v. Washington, serves as the current case law protecting an accused's right to fair and competent assistance of legal counsel, there … |
| 19-5556 |
Regina Lewis v. United States |
Second Circuit |
2019-08-12 |
Denied |
Response WaivedRelisted (2)IFP |
civil-procedure criminal-procedure criminal-prosecution due-process federal-jurisdiction federal-magistrate federal-state-balance procedural-violation rule-of-lenity standing statutory-interpretation title-18-usc-115 |
Did United States Magistrate Gabriel Gorenstein violate the Fed. R. Civ. P. Rule 4 (b)
Did my arrest and prosecution violate the narrow federal-state… |
| 19-5558 |
Frank Stephon Johnson v. Correct Care Solutions, et al. |
Fourth Circuit |
2019-08-12 |
Denied |
Response WaivedIFP |
14th-amendment 8th-amendment civil-rights constitutional-rights criminal-procedure cruel-and-unusual-punishment deliberate-indifference due-process eighth-amendment medical-care medical-conditions punishment |
was the defendonts conduct de\ therately ,Pucposely Knowing nd cbjecluely yu intera' in Respect to Vv ialating Johnson rcHottonal Vio S Fourteen 1 Ame… |
| 19-5530 |
Leroy Lyons v. Thomas Winn, Warden |
Sixth Circuit |
2019-08-09 |
Denied |
Response WaivedIFP |
civil-rights constitutional-law criminal-procedure due-process federal-procedure habeas-corpus innocence judicial-review legal-interpretation procedural-rights statutory-construction wrongful-conviction |
Motion to shik Coeriosari on in Dieu of granting Coontisani Remand to the ixth Lovicil imstuwith chions to consider the amended Bile5 moerid sfer Rema… |
| 19-5532 |
Timothy W. Sparrow v. Rusty Washburn, Warden |
Sixth Circuit |
2019-08-09 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-procedure-defective-indictment,double-jeo due-process evidentiary-rulings indictment-defect ineffective-assistance judicial-misconduct jury-representation jury-selection prosecutorial-misconduct sufficiency-of-evidence |
1. The indictment was defective because it did not adequately inform the petitioner of the state's theory of attempted first degree murder. (Doc. No. … |
| 19-5537 |
Benjamin Escobedo v. Texas |
Texas |
2019-08-09 |
Denied |
IFP |
6th-amendment appellate-review constitutional-provisions constitutional-rights criminal-procedure criminal-procedure-defects-indictment due-process indictment jurisdiction motion-to-close motion-to-quash sixth-amendment trial-court |
1. Did the Trial court err When it overruled Appellants Motion to Quash the Amended indictment ? Cih.3t.38. RRY.7).
2. Oid the court of Appeals err b… |
| 19-5538 |
Timothy Jamaras Burns v. United States |
Fifth Circuit |
2019-08-09 |
Denied |
Response WaivedIFP |
appeal-waiver criminal-procedure due-process fifth-circuit habeas-corpus plea-agreement plea-bargaining section-2255 waiver-of-appeal |
Whether the Fifth Circuit erred by ruling that Mr. Burns § 2255 claims are barred by the Waiver of Appeal provision in his Plea Agreement. |
| 19-5539 |
Nicholas Gilbert Beattie v. United States |
Eighth Circuit |
2019-08-09 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
breach-of-contract contract-law criminal-procedure due-process ethics plea-agreement prosecutorial-conduct prosecutorial-misconduct sentencing sentencing-recommendation |
Whether the prosecutor's conduct in speaking out of both sides of his mouth with respect to a sentencing recommendation they had agreed to make is a b… |
| 19-5542 |
Robert Maloy v. New York |
New York |
2019-08-09 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure due-process equal-protection legal-assistance post-release-supervision sentencing state-court unusual-punishment |
The OCR text provided is severely degraded and largely illegible in the "QUESTION(S) PRESENTED" section. While a section header labeled "QUESTION(S) P… |
| 19-5544 |
Overille Denton Thompson, Jr. v. Texas |
Texas |
2019-08-09 |
Denied |
IFP |
appellate-review barker-default constitutional-rights criminal-procedure discretionary-review due-process fundamental-right lower-courts presumption-against-waiver procedural-default speedy-trial texas-court-of-criminal-appeals |
1. Did the Texas Court of Criminal Appeals err in refusing to grant Overtlle Denton Thompson's petition for discretionary review and thereby fail to a… |
| 19-5547 |
Ronny Lee Williams v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-08-09 |
Denied |
IFP |
abandonment-of-claim abandonment-of-defense certificate-of-appealability constitutional-claim counsel-statement-of-guilt counsel-statements criminal-procedure due-process ineffective-assistance ineffective-counsel right-to-autonomy right-to-counsel |
Whether COA should have been granted based on petitioner's
right tocautonomy uhen his cousel abandoned petitioner's
claim of hot guilty uhen cousel … |
| 19-5549 |
Anthony Dion Collins v. Francisco Lara, Warden |
Fifth Circuit |
2019-08-09 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure due-process fundamental-defect habeas-corpus judicial-review saving-clause sentencing sentencing-error statutory-maximum |
I. WHETHER A FUNDAMENTAL DEFECT IS SUFFICIENT TO SATISFY THE SAVING CLAUSE WHERE PETITIONER ERRONEOUS SENTENCE FELL BENEATH THE STATUTORY MAXIMUM? |
| 19-184 |
United States v. Richard D. Collins |
Armed Forces |
2019-08-09 |
Judgment Issued |
Amici (1)Relisted (2) |
armed-forces court-of-appeals-for-armed-forces criminal-procedure due-process military-justice precedent rape rape-prosecution statute-of-limitations uniform-code-of-military-justice |
Whether the Court of Appeals for the Armed Forces erred in concluding —contrary to its own longstanding precedent —that the Uniform Code of Military J… |
| 19-5497 |
John McGill v. United States |
Eleventh Circuit |
2019-08-08 |
Denied |
Response RequestedResponse WaivedRelisted (3)IFP |
burden-of-proof constitutional-rights criminal-procedure due-process fifth-amendment jury-instructions pattern-jury-instructions reasonable-doubt sixth-amendment |
1. When a district court issues erroneous jury instructions
that include (a) to consider conviction with less than guilt
beyond all reasonable doubt… |
| 19-5504 |
In Re Joel Diaz-Hinirio |
|
2019-08-08 |
Denied |
Response WaivedIFP |
adversarial-testing conviction-integrity criminal-procedure due-process habeas-corpus incarceration ineffective-assistance-of-counsel judicial-review right-to-counsel |
WHETHER DENIAL OF APPOINTMENT OF COUNSEL TO PETITIONER BY THE SUPREME COURT IN THIS INSTANT CASE, WOULD BE TANTAMOUNT TO PETITIONER JOEL DIAZ HINIRIO,… |
| 19-5510 |
Maurice Patrick Fortune, III v. Virginia |
Fourth Circuit |
2019-08-08 |
Denied |
Response WaivedRelisted (2)IFP |
constitutional-rights criminal-procedure due-process felony-prosecution grand-jury indictment magistrate-warrant sentencing substantive-due-process |
(1) Mr. Fortune certifies the Commonwealth of Virginia err in deferring contents essential to the definition of a trial. A trial; as defined by Merria… |
| 19-5513 |
Charles Head v. United States |
Ninth Circuit |
2019-08-08 |
Denied |
Response WaivedIFP |
court-appointed-attorney court-appointed-counsel criminal-procedure defiance-of-request due-process federal-procedure habeas-corpus ineffective-assistance legal-remedy petition-filing petition-for-certiorari right-to-counsel statutory-right statutory-rights timely-filing writ-of-certiorari |
I what remedies is available for petitioner when Court appointed attorney failed to file timely petition for writ of certiorari in deference to the pe… |
| 19-5516 |
Rayshawn Roshard Robertson v. United States |
Eleventh Circuit |
2019-08-08 |
Denied |
Response WaivedIFP |
28-usc-2255 burden-of-proof constitutional-law constitutional-provision criminal-defendant criminal-procedure criminal-relief federal-procedure retroactive-application retroactive-constitutional-decision section-2255 sentencing sentencing-review statutory-interpretation statutory-maximum |
I. Whether a criminal defendant moving for relief under 28 U.S.C. § 2255, based on a retroactive constitutional decision invalidating a federal statut… |
| 19-5522 |
Berson Marius v. United States |
Eleventh Circuit |
2019-08-08 |
Denied |
Response WaivedIFP |
criminal-procedure due-process factual-proffer ineffective-assistance ineffective-assistance-of-counsel judicial-conduct judicial-fact-finding plea-bargaining rule-11 |
WHETHER THE DISTRICT COURT JUDGE CAN ELICITE
ADDITIONAL FACTS DURING A FACTUAL PROFFER, AND
WHETHER COUNSEL WAS INEFFECTIVE ASSISTANCE OF
COUNSEL W… |
| 19-5455 |
Jesus Rios-Garza v. United States |
Fifth Circuit |
2019-08-07 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum |
I. Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and ei… |
| 19-5460 |
Jose Ortega v. United States |
Ninth Circuit |
2019-08-07 |
Denied |
IFP |
18-usc-924c categorical-approach court-of-appeals criminal-law criminal-procedure grant-vacate-remand residual-clause section-924c sentencing statutory-interpretation united-states-v-davis |
Whether the Court should grant, vacate, and remand Mr. Ortega's case in light of United States v. Davis, 139 S. Ct. 2319 (2019), after the Court of Ap… |
| 19-5484 |
Geoff Edwin Murphy v. Debbie Asuncion, Warden |
Ninth Circuit |
2019-08-07 |
Denied |
IFP |
attempted-homicide constitutional-rights criminal-procedure discrimination due-process federal-claims forfeiture jury-instructions legal-procedure state-court-rule state-trial-court |
1. THE STATE TRIAL COURT DEPRIVED APPELLANT OF HIS RIGHT TO DUE PROCESS BY INSTRUCTING THE JURY ON JUSTIFIABLE ATTEMPTED HOMICIDE
2. THE STATE COURT … |
| 19-5494 |
Sobhy Fahmy Amin Iskander v. Dean Borders, Warden |
Ninth Circuit |
2019-08-07 |
Denied |
IFP |
civil-rights collateral-challenge constitutional-rights criminal-procedure due-process federal-courts federal-rules-of-procedure habeas-corpus judicial-reconsideration newly-discovered-evidence post-conviction-relief sentencing standing |
MR. ISKANDER WAS RELEASED FROM PRISON ON FEBRUARY 3, 2018 AFTER SERVING SIXTEEN YEARS (INCLUDING 2 CONCORDANT TO 6 CONCORDANT YEARS WITHOUT SUBSTRACTI… |
| 19-5501 |
Mandrail Jamar Woodberry v. United States |
Fourth Circuit |
2019-08-07 |
GVR |
IFP |
appellate-procedure counsel-withdrawal criminal-appeal criminal-procedure due-process fourth-circuit jurisdiction rehaif rehaif-decision rehaif-v-united-states statutory-interpretation supreme-court-review withdrawal-of-counsel |
Whether in light of the Court's opinion in Rehaif v. United States, No. 17-9560 issued on June 21, 2019 this Court should vacate the opinion of the U.… |
| 19-5441 |
Louis Mercado v. Jacob Sorey, Warden, et al. |
Florida |
2019-08-06 |
Denied |
Response WaivedIFP |
civil-procedure civil-rights constitutional-rights criminal-procedure due-process federal-constitution habeas-corpus post-conviction-relief procedural-due-process property-rights standing state-statute takings |
1. WERE THE FETITIDNER'S RIGHT TO THE UNITED STATES AND FLURIDA CONSTITUTIONS EGREGIOUSLY VIOLATED BY FLORIDA CIRCUIT ANS APPEUATE COURTS?
2. SHOULD … |
| 19-5444 |
Andrew Blake Moorehead v. United States |
Sixth Circuit |
2019-08-06 |
Denied |
Response WaivedIFP |
4th-amendment criminal-procedure exclusionary-rule fourth-amendment good-faith-exception jurisdiction jurisdiction-limitation network-investigative-technique void-ab-initio warrant warrant-validity |
1. When a warrant is void ab initio, does the Good-Faith exception to the exclusionary rule apply?
2. Does a Network Investigative Technique (NIT) wa… |
| 19-5449 |
Richard Shelley v. United States |
Eleventh Circuit |
2019-08-06 |
Denied |
Response WaivedIFP |
batson-challenge batson-v-kentucky constitutional-violation criminal-procedure due-process fair-trial jury-selection peremptory-strike sixth-amendment sixth-amendment-right-to-fair-trial |
WHETHER THE DISTRICT COURT ERRED IN FINDING THAT SHELLEY FAILED TO OBJECT TO THE GOVERNMENT'S USE OF A PEREMPTORY STRIKE, THEREBY CAUSING AN 5th AMEND… |
| 19-5450 |
Paul Suarez v. United States |
Fifth Circuit |
2019-08-06 |
Denied |
Response WaivedIFP |
18-usc-924c appeal conviction criminal-conviction criminal-procedure drug-trafficking firearm-offense jury-unanimity law-of-the-case legal-sufficiency manifest-injustice sufficiency-of-evidence |
1) DID THE PANEL ERR BY HOL DING THAT THE "LAW OF THE CASE"
GOVERNED ITS DECI SION IN HOLDING THAT THE EVIDENCE WAS
LEGALLY SUFFICIENT TO SUSTAIN THE … |
| 19-5453 |
Juan Pablo Revelo Salcedo v. United States |
Fifth Circuit |
2019-08-06 |
Denied |
Response WaivedIFP |
affidavit appointment-of-counsel civil-procedure criminal-procedure declaration financial-disclosure in-forma-pauperis ineffective-assistance judicial-access motion motion-to-substitute-counsel poverty poverty-affidavit pro-se-litigation redress right-to-counsel sixth-amendment |
Question not identified. |
| 19-5462 |
Wayne Pettaway v. Michael Clark, Superintendent, State Correctional Institution at Albion |
Third Circuit |
2019-08-06 |
Denied |
IFP |
4th-amendment civil-rights criminal-procedure due-process evidence ineffective-assistance-of-counsel jury-prejudice magistrate-bias |
WAS THE DEFENSE COUNSEL'S INEFFECTIVE INFERENCE THE GOVERNMENT WAS WAS THERE GROUNDS FOR A OUTSTANDING WARRANT FOR MY ARREST WAS THERE HOSPITAL RECORD… |
| 19-5468 |
Tara Glass v. United States |
Third Circuit |
2019-08-06 |
Denied |
Response WaivedIFP |
criminal-procedure due-process ex-parte-communication ex-parte-communications fair-trial judicial-complaint judicial-integrity judicial-misconduct liberty-interest liberty-interests right-to-marry supervised-release |
This case presents a fascinating issue of first impression at the intersection of constitutional due process and the confidential judicial complaint r… |
| 19-5471 |
J. A. M. v. New Jersey |
New Jersey |
2019-08-06 |
Denied |
IFP |
5th-amendment ambiguous-request appellate-division appellate-review criminal-procedure due-process fifth-amendment interrogation right-to-counsel |
1. Did the Appellate Division err by ignoring the fact that petitioner-defendant was denied his Fifth Amendment right to have counsel present during i… |
| 19-5473 |
Samuel Benzant v. Mark S. Inch, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2019-08-06 |
Denied |
IFP |
28-usc-2253 appellate-procedure certificate-of-appealability constitutional-right constitutional-rights criminal-procedure due-process federal-habeas-corpus habeas-corpus ineffective-assistance-of-counsel sixth-amendment standard-of-review |
Whether the court of appeals improperly denied the Petitioner a certificate of
appealability under 28 U.S.C. § 2253(c) on the basis that the Petitione… |
| 19-5479 |
Gregory Waddell Hayes v. United States |
Fourth Circuit |
2019-08-06 |
Denied |
Response WaivedIFP |
civil-rights constitutional-law criminal-procedure double-jeopardy due-process federalism fifth-amendment precedent separate-sovereigns sovereign-immunity |
Whether this Court should overrule the separate sovereigns exception to Double Jeopardy |
| 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 |
| 19-5446 |
Michael Thomas Balint v. Kelly Santoro, Warden |
Ninth Circuit |
2019-08-05 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure critical-stage due-process habeas-corpus harmless-error jury-instructions ninth-circuit right-to-be-present right-to-counsel |
Did the Ninth Circuit incorrectly determine that California's Dixon rule procedurally barred Balint's claim that he was denied his constitutional righ… |
| 19-5448 |
Antolin Torres Abonza v. United States |
Fifth Circuit |
2019-08-05 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure criminal-sentencing deference due-process federal-courts judicial-discretion sentencing-factors sentencing-review standard-of-review substantive-reasonableness substantive-reasonableness-review |
Whether substantive reasonableness review necessarily encompasses some degree of reweighing the sentencing factors? |
| 19-5457 |
Matthew G. Munksgard v. United States |
Eleventh Circuit |
2019-08-05 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
bank-fraud banking criminal-intent criminal-procedure document-forgery due-process evidence fdic-insurance financial-regulation presumption reasonable-doubt signature-fraud statutory-interpretation |
Whether it is proper to presume that a certificate of FDIC insurance issued 23 years earlier, combined with the statement of a bank officer that FDIC … |
| 19-5458 |
Samantha Winter v. United States |
Fourth Circuit |
2019-08-05 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
4th-amendment 5th-amendment criminal-procedure custodial-interrogation evidence evidence-admission harmless-error miranda-warnings motion-to-suppress rule-404b search-and-seizure warrantless-search |
whether-miranda-rights-were-violated |
| 19-5459 |
Edward Lee Carter v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-08-05 |
Denied |
Relisted (2)IFP |
appellate-review civil-rights constitutional-rights criminal-procedure due-process fair-trial impartial-judge judicial-impartiality judicial-misconduct sixth-amendment |
Whether a criminal defendant is constitutionally entitled to a fair trial from an impartial judge who is not corrupt to preside and rule over his tria… |
| 19-5465 |
Isela Alejandra Campos v. United States |
Ninth Circuit |
2019-08-05 |
Denied |
Response WaivedIFP |
criminal-procedure district-court district-court-error guideline-range guidelines molina-martinez plain-error plain-error-review prejudice prejudice-standard sentencing sentencing-guidelines |
Whether the defendant may rely on the district court's error alone to show prejudice under plain error review |
| 19-162 |
Michael Richards v. Pennsylvania |
Pennsylvania |
2019-08-05 |
Denied |
Response Waived |
collateral-attack collateral-review criminal-procedure due-process equal-protection habeas-corpus judicial-interpretation pena-rodriguez pena-rodriguez-v-colorado racial-bias retroactivity supreme-court-precedent |
Should this Court's decision in Pena-Rodriquez v. Colorado, 187 8, Ct. 855 (2017) be applied retroactively to Petitioner's collateral attack? |
| 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 … |
| 19-5434 |
Juan Fletcher Gordillo v. United States |
Eleventh Circuit |
2019-08-02 |
Denied |
Response WaivedIFP |
appellate-procedure appellate-review constitutional-law constitutional-requirements constitutional-review criminal-procedure due-process eleventh-circuit first-impression judicial-review sentencing sentencing-guidelines |
Whether this Court should review the decision of the Eleventh Circuit Court of Appeals to determine whether the decision in this case of apparent firs… |
| 19-5435 |
Steven Eason v. Mississippi |
Mississippi |
2019-08-02 |
Denied |
Response WaivedIFP |
actual-innocence constitutional-rights criminal-procedure cruel-and-unusual-punishment double-jeopardy double-jeopardy-clause due-process jurisdiction sexual-battery subject-matter-jurisdiction |
Whether the defendant's constitutional rights against double jeopardy are violated when multiple identical sexual battery charges are brought based on… |
| 19-5436 |
Martin Araiza-Jacobo v. United States |
Fifth Circuit |
2019-08-02 |
Denied |
IFP |
appellate-review circuit-split criminal-procedure criminal-procedure-error deliberate-ignorance harmless-error jury-instruction jury-instructions legal-sufficiency standard-of-review sufficiency-of-evidence |
Whether the standard for assessing the harmlessness of an erroneously submitted deliberate-ignorance instruction turns only on the legal sufficiency o… |
| 19-5413 |
John Thomas Rooney v. Georgia |
Georgia |
2019-08-01 |
Denied |
Relisted (2)IFP |
appeal civil-rights constitutional-rights criminal-procedure due-process guilty-plea habeas-corpus jurisdiction plea-bargaining sentencing sentencing-enhancement statutory-jurisdiction unconstitutional unconstitutional-conviction |
Can convictions and sentences imposed by a State Trial Court without Constitutional or Statutory subject-matter jurisdiction or due to an Unconstituti… |
| 19-5423 |
Antonio Rashawne Carr v. Texas |
Texas |
2019-08-01 |
Denied |
IFP |
appeal arraignment arraignment-hearing criminal-procedure due-process grand-jury grandjury-indictment indictment ineffective-assistance-of-counsel sexual-assault |
ISSUE NUMBER ONE: Appeal Counsel only raised one point of error. It was a question regarding the Complainant. That she had been
ISSUE NUMBER TWO: App… |
| 19-5425 |
Damien Riley v. United States |
Fourth Circuit |
2019-08-01 |
Denied |
Response WaivedIFP |
appellate-review career-offender criminal-procedure criminal-sentencing due-process residual-clause sentencing-guidelines substantive-reasonableness united-states-code united-states-v-booker |
Whether a sentence imposed under the Career Offender Guidelines is reasonable in light of the subsequent 798 Amendment to the Guidelines, in a case wh… |
| 19-5428 |
Herron Kent Duckett v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-08-01 |
Denied |
IFP |
batson-challenge batson-v-kentucky constitutional-provisions criminal-procedure deadly-weapon deadly-weapon-finding evidence ineffective-assistance ineffective-assistance-of-counsel judgment-of-conviction judicial-review strickland-standard strickland-v-washington |
Whether the decision of the court is in conflict with Supreme Court ruling concerning ineffective assistance of counsel |
| 19-5432 |
Kevin Michael-Dorman Beltowski v. Shawn Brewer, Warden |
Sixth Circuit |
2019-08-01 |
Denied |
Response WaivedIFP |
credibility-determinations criminal-procedure criminal-procedure-error due-process evidence-sufficiency harmless-error instructional-error judicial-review jury-instructions newly-discovered-evidence right-to-defense right-to-present-defense sufficiency-of-evidence |
Whether instructional error occurred in a way that conflicts with the Supreme Court's clearly established harmless-error precedents |
| 19-5383 |
Christopher Stacy v. United States |
Eleventh Circuit |
2019-07-31 |
GVR |
IFP |
case-law certiorari criminal-law criminal-procedure judicial-review mens-rea rehaif-standard rehaif-v-united-states remand statutory-interpretation supreme-court supreme-court-precedent vacatur |
Whether the Court should grant certiorari, vacate the judgment below, and remand for reconsideration in light of Rehaif v. United States, 139 S. Ct. 2… |
| 19-5403 |
Randy Charriez-Rolon v. United States |
First Circuit |
2019-07-31 |
Denied |
Response WaivedIFP |
appeal appellate-ineffectiveness criminal-procedure defendant-silence due-process due-process,self-incrimination,plain-error,ineffec first-circuit-review free-speech plain-error prosecutorial-commentary rule-29-motion silence |
Whether the First Circuit's op/order affirming Petitioner's sentence and conviction finding no plain error when the United States commented on Petitio… |
| 19-5411 |
Kirk Patrick Keshler v. United States |
Fifth Circuit |
2019-07-31 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure due-process factual-basis harmless-error judicial-review plain-error plea-bargaining plea-sufficiency standard-of-review sullivan-v-louisiana |
Whether the sufficiency of a factual basis for a defendant's plea should be subject to plain error review, or whether, under Sullivan v. Louisiana, 50… |
| 19-5412 |
Jean Claude Phillip McKenzie v. United States |
Sixth Circuit |
2019-07-31 |
Denied |
Response WaivedIFP |
18-usc-3553(a) 18-usc-3553a 6th-circuit appellate-review criminal-procedure criminal-sentencing district-court history-and-characteristics judicial-discretion nature-and-circumstances sentencing sentencing-factors sentencing-guidelines sentencing-variance |
Whether the district court's upward variance in sentencing was proper |
| 19-5417 |
Travis Wayne Bentley v. Oklahoma |
Oklahoma |
2019-07-31 |
GVR |
Response RequestedRelisted (3)IFP |
appeals civil-procedure criminal-procedure double-jeopardy due-process federal-courts federal-jurisdiction indian-law jurisdiction native-american-rights standing |
Whether the state court had jurisdiction to convict the petitioner under the Major Crimes Act |
| 19-5420 |
Kendrick Terrell v. United States |
Eleventh Circuit |
2019-07-31 |
Denied |
Response WaivedIFP |
appeal criminal-procedure due-process eighth-amendment ineffective-assistance ineffective-assistance-of-counsel plain-error prior-charges sentence-enhancement sentencing sentencing-calculation sentencing-guidelines sixth-amendment |
Whether the Petitioner's Sixth Amendment Rights were violated |
| 19-5421 |
Charles Earl Davis v. United States |
Fifth Circuit |
2019-07-31 |
GVR |
Response RequestedResponse WaivedRelisted (6)IFP |
appellate-review criminal-procedure due-process factual-error harmless-error judicial-standard legal-interpretation plain-error plain-error-review procedural-review standard-of-review |
Whether factual error is categorically immune from plain error review? |
| 19-5422 |
Michael A. Webb v. United States |
Fifth Circuit |
2019-07-31 |
Denied |
Response WaivedIFP |
adam-walsh-act adam-walsh-child-protection-and-safety-act constitutional-rights criminal-procedure criminal-prosecution double-jeopardy ineffective-assistance plea-agreement plea-bargaining sentencing sentencing-guidelines |
Ineffective-assistance-of-counsel |
| 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 |
| 19-5377 |
Fairly W. Earls v. United States |
Seventh Circuit |
2019-07-30 |
Denied |
Response WaivedIFP |
circuit-split circuit-splits civil-procedure constitutional-rights criminal-justice-system criminal-procedure federal-rules-of-civil-procedure habeas-corpus rule-60(b)(6) rule-60b6 |
Whether the Criminal Justice System allows Federal Rules of Civil Procedure in Habeas Corpus Cases |
| 19-5379 |
Michael Boyd Crowley v. Texas |
Texas |
2019-07-30 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process fifth-amendment miranda-warnings right-to-counsel self-incrimination self-incrimination,right-to-counsel,due-process,fi trial-procedure |
Was the information given by Dr. Dunham sufficient to warn the defendant of the danger of self incrimination? |
| 19-5380 |
In Re Charles L. Cox |
|
2019-07-30 |
Denied |
IFP |
community-supervision criminal-procedure deferred-adjudication due-process equal-protection jurisdiction separation-of-powers vagueness void-for-vagueness |
Is Texas Code of Criminal Procedure, Article 42.1285(a) deferred Adjudication Community Supervision void for vagueness? |
| 19-5392 |
Kurt J. Myrie v. United States |
Ninth Circuit |
2019-07-30 |
Denied |
IFP |
18-usc-371 18-usc-924c crime-of-violence criminal-procedure criminal-procedure-retroactivity due-process federal-conspiracy retroactivity violent-crime |
1. Does this Court's ruling in United States v. Davis, 139 S. Ct. 2319 (2019), striking as unconstitutionally vague the residual clause of 18 U.S.C. §… |
| 19-5396 |
Vincent Anzalone v. United States |
First Circuit |
2019-07-30 |
Denied |
Response WaivedIFP |
criminal-procedure exclusionary-rule federal-rule-of-criminal-procedure-41(b) federal-rules-of-criminal-procedure good-faith-exception government-policy judicial-authority jurisdiction procedural-violation warrant warrant-application |
Whether the good faith exception to the exclusionary rule is categorically applicable to a warrant issued in violation of Federal Rule of Criminal Pro… |
| 19-5397 |
Charles Donelson v. Q. Tanner, et al. |
Seventh Circuit |
2019-07-30 |
Denied |
IFP |
audit-standard circuit-split civil-rights class-action criminal-procedure discovery due-process evidence fraud fraud-on-the-market free-speech securities-law standing supreme-court-precedent takings |
Whether The Seventh circuit prisoner lawsuit forms for District court create a fraudulent Execution or Information
Whether the seventh circuit applic… |
| 19-5407 |
Fabian Delgado v. United States |
Fifth Circuit |
2019-07-30 |
Denied |
Response WaivedIFP |
consideration contract contract-law criminal-procedure defendant-benefit due-process legal-principle plea-agreement sentencing |
1. Whether principles of contract law require consideration (benefit to the defendant) to support a valid plea agreement. |
| 19-141 |
Jeffrey Fairbanks v. Indiana |
Indiana |
2019-07-30 |
Denied |
Response Waived |
criminal-conviction criminal-procedure due-process evidence evidentiary-rules ex-post-facto judicial-construction jury jury-instructions propensity-evidence reasonable-doubt vague-statute vagueness |
Whether the judiciary violated the Ex Post Facto Clause when it created a new evidentiary holding to excuse the impermissible use of propensity eviden… |
| 19-5371 |
In Re Mary Capri |
|
2019-07-29 |
Denied |
Response WaivedIFP |
civil-procedure civil-rights criminal-procedure due-process excessive-fines fourteenth-amendment habeas-corpus miscarriage-of-justice restitution supervised-release |
Can the District Court Deny to Abide with the Supreme Court rulings on Restitution? |
| 19-5374 |
Benson Coriolant v. United States |
Fifth Circuit |
2019-07-29 |
Denied |
Response WaivedIFP |
abandoned-claims actual-appeal actual-innocence certificate-of-appealability criminal-justice-act criminal-procedure federal-rules-of-appellate-procedure fifth-circuit pro-se pro-se-litigant procedural-rules |
Whether the Fifth Circuit's holding that the pro se litigant has abandoned any claim(s) not raised in an application for a certificate of appealabilit… |
| 19-5387 |
Shevaun E. Browne v. United States |
Third Circuit |
2019-07-29 |
Denied |
Response WaivedIFP |
cautionary-instruction criminal-procedure evidence guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-instructions plea-bargaining sixth-amendment third-circuit trial-counsel |
Whether certiorari review should be granted where the Third Circuit affirmed the district court's ruling that trial counsel was not ineffective for fa… |
| 19-5388 |
Marquis Travell Edwards v. United States |
Ninth Circuit |
2019-07-29 |
Denied |
Response WaivedIFP |
certificate-of-appealability criminal-procedure discovery due-process government-misconduct habeas-corpus pre-indictment-delay preindictment-delay prosecutorial-misconduct tactical-advantage |
Whether the Ninth Circuit Court of Appeals should have granted a certificate of appealability (COA) |
| 19-5302 |
Bryant Keith Williams v. Mark S. Inch, Secretary, Florida Department of Corrections |
Florida |
2019-07-26 |
Denied |
Relisted (2)IFP |
14th-amendment 5th-amendment 8th-amendment appellate-review civil-procedure civil-rights constitutional-violations criminal-procedure cruel-and-unusual-punishment damages due-process free-speech habeas-corpus prosecutorial-misconduct standing |
Whether the State of Florida can impose a life sentence on an individual despite a jury's recommendation of a lesser sentence |
| 19-5309 |
William Dante Mitchell v. United States |
Fifth Circuit |
2019-07-26 |
Denied |
Relisted (2)IFP |
certiorari-petition criminal-procedure criminal-statute due-process firearms-violation habeas-corpus sentencing sentencing-enhancement serious-drug-offense statutory-interpretation statutory-provisions supreme-court violent-felony |
Whether this Court should hold the instant petition in light of Shular v. United States |
| 19-5330 |
Maurice Montrae Parks v. United States |
Fourth Circuit |
2019-07-26 |
GVR |
IFP |
burden-of-proof constitutional-validity criminal-conviction criminal-procedure criminal-statute due-process firearm-possession firearms jury-instruction jury-instructions mens-rea rehaif-v-united-states second-amendment statutory-interpretation |
Whether a new trial is warranted where the District Court failed to instruct the jury on a crucial element of 18 U.S.C. § 922(g) |
| 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? |
| 19-5352 |
Hal Bernard Black v. United States |
Eleventh Circuit |
2019-07-26 |
Denied |
Response WaivedIFP |
brady-v-maryland civil-rights,due-process,standing,civil-procedure, compulsory-process constitutional-rights criminal-procedure due-process exculpatory-evidence fair-trial government-liability notice-requirement procedural-fairness prosecutorial-misconduct |
Whether the lower courts erred in holding that there is no 'fair trial' at all when a defendant is denied the right to present a complete defense by t… |
| 19-5358 |
Victor Manuel Collazo-Gonzalez v. United States |
Fifth Circuit |
2019-07-26 |
Denied |
Response WaivedIFP |
alleyne almendarez-torres appellate-procedure apprendi constitutional-interpretation criminal-law criminal-procedure due-process fifth-amendment judicial-review precedent-analysis sentencing supreme-court-review |
Whether this Court should consider the continuing validity of Almendarez-Torres v. United States, 523 U.S. 244 (1998), in light of the reasoning of Ap… |
| 19-5362 |
Kasine Deleston v. United States |
Second Circuit |
2019-07-26 |
Denied |
Response WaivedIFP |
and Ultimately Breached if it Contains an Unfulfi ambiguity breach-of-contract criminal-procedure defendant-rights due-process government-breach government-misconduct plea-agreement plea-bargaining plea-withdrawal sentencing sentencing-stipulation withdrawal-of-plea |
Whether a Plea Can be Ambiguous, and Ultimately Breached if it Contains an Unfulfillable Sentencing Stipulation and the Government Fails to Offer the … |
| 19-5363 |
Richard Curtis v. Lyneal Wainwright, Warden |
Ohio |
2019-07-26 |
Denied |
IFP |
constitutional-law constitutional-violation criminal-procedure double-jeopardy due-process judicial-review merger sentencing void-for-vagueness |
Whether separately imposed sentences prior to merge, constitutes multiple sentences in violation of the Double Jeopardy clause |
| 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… |
| 19-5301 |
Aaron Orlando Richards v. Louisiana |
Louisiana |
2019-07-25 |
GVR |
Response RequestedResponse WaivedRelisted (3)IFP |
constitutional-interpretation criminal-procedure double-jeopardy due-process equal-protection first-degree-murder jury-trial jury-unanimity jury-verdict legislative-amendment non-unanimous-verdict prosecutorial-discretion unanimous-verdict |
Did the appellate court err in its interpretation of Apodaca and Bertrand? |
| 19-5308 |
Oscar Minaya v. United States |
Second Circuit |
2019-07-25 |
GVR |
IFP |
18-usc-924 18-usc-924c civil-rights conviction criminal-law criminal-procedure due-process federal-statute residual-clause sentence sentencing-enhancement statutory-interpretation supreme-court-precedent united-states-v-davis void-for-vagueness |
Whether the residual clause at 18 U.S.C. § 924(c)(3)(B) is void for vagueness |
| 19-5333 |
Charles York Walker, Jr. v. United States |
Fourth Circuit |
2019-07-25 |
GVR |
IFP |
abuse-of-discretion case-specific-factors criminal-procedure criminal-procedure-rule-11 discretion district-court district-court-discretion felon-in-possession grand-jury incorrect-assumptions opioid-crisis plea-agreement plea-bargaining policy-disagreement rehaif-standard rule-11 |
Whether a district court abuses its discretion in rejecting plea agreements based on policy disagreements |
| 19-5334 |
Martel Valencia-Cortez v. United States |
Ninth Circuit |
2019-07-25 |
Denied |
IFP |
criminal-procedure due-process evidence eyewitness-identification jury-instruction jury-instructions reliability-factors standing trial-error trial-procedure witness-identification |
Whether a district court commits error in a federal criminal case by failing to provide a specific eyewitness identification instruction |
| 19-5341 |
Roshard Whitehead v. Florida Department of Corrections |
Eleventh Circuit |
2019-07-25 |
Denied |
Response WaivedIFP |
4th-amendment 5th-amendment civil-rights constitutional-law criminal-procedure criminal-trial due-process federal-rule-3 fifth-amendment fourth-amendment illegal-search-and-seizure search-and-seizure standing victim-rights |
Whether the courts overlooked federal law and the U.S. Constitution when they overlooked the 4th Amendment exclusionary rule, the 5th Amendment right … |
| 19-5344 |
Felix Adriano Chujoy, aka Felix Chujoy Alvarado v. United States |
Fourth Circuit |
2019-07-25 |
Denied |
Response WaivedIFP |
corrupt-intent criminal-procedure false-testimony grand-jury human-trafficking immigration-violations intent plea-bargain plea-bargaining statutory-interpretation witness-tampering witness-tampering-18-usc-1512(b)(1) |
Witness-tampering |
| 19-5345 |
Mustafa Kamel Mustafa v. United States |
Second Circuit |
2019-07-25 |
Denied |
Response WaivedIFP |
classified-information constitutional-vagueness criminal-procedure defense-investigation due-process first-amendment national-security overbreadth separation-of-powers statutory-interpretation vagueness |
Whether Section 5(a) of the Classified Information Procedures Act, 18 U.S.C. App. 3, is unconstitutionally vague or overbroad due to its potential to … |
| 19-5296 |
Ozzie Davis v. Tom McGinley, Superintendent, State Correctional Institution at Coal Township, et al. |
Third Circuit |
2019-07-24 |
Denied |
Response WaivedIFP |
bruton-v-us criminal-conspiracy criminal-procedure due-process fair-trial-rights jackson-v-virginia prosecutorial-misconduct state-trial sufficiency-of-evidence supreme-court-precedent third-degree-murder |
Whether the Pennsylvania Superior Court's denial of the challenge to the sufficiency of the evidence resulted in an unreasonable application of Suprem… |
| 19-5297 |
Esterlin Appolon v. Arizona |
Arizona |
2019-07-24 |
Denied |
IFP |
civil-rights constitutional-claim criminal-procedure double-jeopardy due-process federal-law judicial-review jurisdiction post-conviction second-amendment sentencing standard-of-review state-court sufficiency-of-evidence unreasonable-application |
Whether the Arizona Supreme Court abused its discretion by dismissing the Petition for Special Action and Motion for Stay? |
| 19-5307 |
James D. Brigman v. United States |
Tenth Circuit |
2019-07-24 |
Denied |
Response WaivedRelisted (2)IFP |
criminal-justice criminal-law criminal-procedure due-process johnson-rule johnson-v-united-states mandatory-guidelines residual-clause retroactivity sentencing sentencing-guidelines statutory-interpretation vagueness void-for-vagueness |
Whether the new rule announced in Johnson applies to the identical residual clause in the mandatory guidelines |
| 19-5316 |
Abelee Bronson v. United States |
Tenth Circuit |
2019-07-24 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
28-usc-2255 criminal-procedure criminal-sentencing criminal-sentencing-guidelines-mandatory habeas-corpus johnson-v-united-states mandatory-guidelines residual-clause retroactivity sentencing-guidelines sessions-v-dimaya void-for-vagueness |
Whether the new rule announced in Johnson applies to the analogous residual clause in the mandatory guidelines |
| 19-5317 |
Alonzo Vernon v. United States |
Second Circuit |
2019-07-24 |
Denied |
Response WaivedIFP |
appellate-review chapman-v-california constitutional-rights criminal-procedure due-process evidence fair-trial harmless-error jones-v-stinson sixth-amendment |
Whether the Second Circuit's decision in the instant case created a conflict with the Court's decision in Chapman, supra? |
| 19-5320 |
Romon Lamont Dobbins v. Joe M. Allbaugh, Director, Oklahoma Department of Corrections |
Tenth Circuit |
2019-07-24 |
Denied |
IFP |
criminal-procedure due-process evidentiary-hearing fourth-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel insufficient-evidence reasonable-doubt search-and-seizure |
Was Petitioner's Conviction Sustained With Insufficient Evidence Beyond A Reasonable Doubt? |
| 19-5322 |
Ottis J. Cummings, Jr., aka Ottis Junior Cummings, aka Otis Cummings, aka Ottis J. Cummings, aka Otis J. Cummings v. Mississippi |
Mississippi |
2019-07-24 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance judicial-review legal-procedure right-to-counsel sixth-amendment standing |
Whether Counsel's Ineffective Assistance Deprived the Petitioner of Some Substantive or Procedural Right to which the Law Entitles Him? |
| 19-5323 |
Edwardo De Juan v. Florida |
Florida |
2019-07-24 |
Denied |
IFP |
civil-rights constitutional-provisions criminal-conviction criminal-procedure due-process equal-protection habeas-corpus judicial-review legal-jurisdiction new-trial post-conviction procedural-rights standing state-court statutory-provisions |
Whether the petitioner's due process and equal protection rights were violated when the state court denied his post-conviction motion for a new trial |
| 19-5273 |
Wendolyn Lee v. Amy P. Weirich, et al. |
Sixth Circuit |
2019-07-23 |
Denied |
Response WaivedIFP |
appeals civil-procedure civil-rights criminal-procedure due-process free-speech patent sentencing standing takings |
Whether the lower court erred in its ruling on the legal issues involved in this case |
| 19-5281 |
Ronald Wesley Jiles v. Michigan |
Michigan |
2019-07-23 |
Denied |
IFP |
criminal-procedure due-process evidence-admissibility fair-trial fifth-amendment fifth-amendment-right jury-bias jury-instructions prejudice prosecutorial-misconduct self-incrimination |
Whether a defendant's right to exercise his Fifth Amendment right was prejudiced by the prosecution's comments on it during closing arguments |
| 19-5283 |
Kyle Jason Korte v. United States |
Ninth Circuit |
2019-07-23 |
Denied |
Response WaivedIFP |
4th-amendment civil-rights constitutional-interpretation criminal-procedure due-process fourth-amendment good-faith-exception illinois-v-krull improper-application judicial-precedent law-enforcement search-and-seizure statutory-interpretation valid-law |
Does the 'good faith exception' outlined in Illinois v. Krull extend to circumstances where the statute remains valid but was improperly applied? |
| 19-5286 |
Adam Patton v. Arkansas |
Arkansas |
2019-07-23 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-defendant criminal-procedure due-process forfeiture right-to-counsel sixth-amendment waiver |
Whether a criminal defendant, who has not knowingly and intelligently waived his Sixth Amendment right to counsel and who clearly requests the assista… |
| 19-5288 |
In Re Otis B. Brascom |
|
2019-07-23 |
Dismissed |
IFP |
civil-procedure civil-rights criminal-procedure due-process equal-protection federal-jurisdiction habeas-corpus jurisdiction standing |
Whether the petitioner's constitutional rights were violated by the false complaint and indictment in violation of Rule 12(b)(6) of the Federal Rules … |
| 19-5289 |
Pharoah Brazell v. Louisiana |
Louisiana |
2019-07-23 |
Denied |
Response WaivedIFP |
constitutional-violation criminal-procedure criminal-sentencing due-process evidence forged-guilty-plea guilty-plea habitual-offender miranda-rights plea-bargaining right-to-attorney-during-questioning right-to-counsel right-to-remain-silent sentence-enhancement sentencing |
Can the State use a forged Guilty Plea form from a Florida predicate offense and used it to enhance his sentence as a Habitual Offender? |
| 19-5290 |
Ryan Keith Mason v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-07-23 |
Denied |
IFP |
appellate-review attorney-performance credibility credibility-determination criminal-procedure deference deference-standard deference-to-trial-court evidence ineffective-assistance ineffective-assistance-of-counsel legal-sufficiency plea-bargaining plea-offer standard-of-review |
Whether a court of appeals erred in finding that deference to a trial court's factual finding on an attorney's provision of a favorable plea offer was… |
| 19-5293 |
Frank Le'Dell Owens v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2019-07-23 |
Denied |
Relisted (2)IFP |
6th-amendment compulsory-process constitutional-rights criminal-procedure due-process effective-assistance-of-counsel ineffective-assistance jury-instructions lesser-included-offense pardon-power plea-bargaining right-to-counsel |
Does pretrial counsel's failure to advise accused of favorable plea offer constitute denial of effective assistance of counsel? |
| 19-5294 |
Abraham Asley Augustin v. United States |
Sixth Circuit |
2019-07-23 |
Denied |
Response WaivedIFP |
28-usc-2255 amendment criminal-procedure criminal-procedure-15a due-process evidentiary-hearing fair-notice federal-rules-civil-procedure fourth-amendment habeas-corpus motion-to-amend pleading responsive-pleading section-2255 standing |
Whether the Fed. R.. Crim. P. 15(a) Motion's right to amend as a-matter of course' a 28 U.S.C. Sec. 2255 before a Responsive pleading is filed can be … |
| 19-5267 |
Michael St. Hubert v. United States |
Eleventh Circuit |
2019-07-23 |
Denied |
Amici (1)Response RequestedResponse WaivedRelisted (6)IFP |
18-usc-924c crime-of-violence criminal-procedure due-process eleventh-circuit first-step-act habeas-corpus pending-on-direct-review preclusion pro-se section-2255 successive-2255-motion successive-motion successive-petitions |
Is a criminal defendant's right to Due Process violated by the Eleventh Circuit's rule affording binding force and preclusive effect to a prior panel'… |
| 19-5247 |
Charles Michael Hedlund v. Arizona |
Arizona |
2019-07-22 |
Denied |
Relisted (2)IFP |
criminal-procedure death-penalty due-process eddings-v-oklahoma habeas-corpus jury-trial sentencing |
Whether the correction of error under Eddings v. Oklahoma requires resentencing |
| 19-5263 |
Miah Stroud v. Shawn Brewer, Warden |
Sixth Circuit |
2019-07-22 |
Denied |
Response WaivedIFP |
constitutional-right-to-defense constitutional-rights criminal-conviction criminal-procedure due-process expert-testimony expert-witness felonious-assault insufficient-evidence misidentification police-influence prosecutorial-evidence prosecutorial-misconduct second-degree-murder sufficiency-of-evidence witness-identification |
Did the courts erroneously deny Ms. Stroud's constitutional right to due process when she was convicted of second degree murder and three counts of fe… |
| 19-5264 |
Joseph Hyungseop Shim v. Michael Sexton, Warden |
Ninth Circuit |
2019-07-22 |
Denied |
IFP |
28-usc-2253 appellate-review certificate-of-appealability constitutional-right constitutional-rights criminal-procedure due-process federal-statute habeas-corpus standing |
Whether Petitioner has made a substantial showing of a denial of a constitutional right to authorize the granting of a certificate of appealability un… |
| 19-5269 |
Reginald Christopher Gilbert v. United States |
Fifth Circuit |
2019-07-22 |
Denied |
IFP |
appellate-procedure appellate-review criminal-law criminal-procedure defendant-rights federal-rules-of-criminal-procedure judicial-review jurisdiction objection reasonableness reasonableness-standard sentencing sentencing-review |
Whether a formal objection after pronouncement of sentence is necessary to invoke appellate reasonableness review of the length of a defendant's sente… |
| 19-5270 |
Phyteaf Phequan McCormick v. United States |
Fourth Circuit |
2019-07-22 |
GVR |
IFP |
case-remand criminal-procedure due-process federal-courts federal-law fourth-circuit judicial-interpretation sentencing statutory-construction statutory-interpretation supreme-court supreme-court-review |
Whether the Fourth Circuit's judgment should be vacated and this case remanded for further review in light of this Court's recent opinion in Rehaif v.… |
| 19-5275 |
Richard Michael Mathisen v. United States |
Fourth Circuit |
2019-07-22 |
Denied |
Response WaivedIFP |
6th-amendment criminal-procedure due-process evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel plea-bargaining post-conviction-relief right-to-counsel sentencing sentencing-hearing sixth-amendment |
Whether the district court and Fourth Circuit erred in denying Mr. Mathisen's 28 U.S.C. § 2255 motion based on ineffective assistance of counsel |
| 19-5276 |
Marvin F. Taylor v. Ron Neal, Superintendent, Indiana State Prison |
Seventh Circuit |
2019-07-22 |
Denied |
Response WaivedRelisted (2)IFP |
14th-amendment civil-rights criminal-procedure due-process equal-protection standing |
Question not identified |
| 19-5279 |
Miguel Esparza-Salazar v. United States |
Fifth Circuit |
2019-07-22 |
Denied |
Response WaivedIFP |
almendarez-torres almendarez-torres-v-united-states apprendi-rule apprendi-v-new-jersey criminal-procedure illegal-entry prior-convictions sentencing sentencing-factors sixth-amendment statutory-interpretation statutory-maximum |
Whether a criminal defendant charged with illegal entry under 8 U.S.C. § 1326(b)(1) and (2) is entitled to notice in the indictment of prior convictio… |
| 19-5280 |
Charles D. Tuttoilmondo, Jr. v. Texas |
Texas |
2019-07-22 |
Denied |
IFP |
4th-amendment administrative-law administrative-search border-patrol checkpoint-search civil-rights commercial-vehicles constitutional-reasonableness criminal-procedure drug-interdiction fourth-amendment roving-patrol search-and-seizure special-needs-doctrine |
Does Texas' use of commercial motor vehicle inspectors combined with a roving drug interdiction task force unconstitutionally and unreasonably abuse t… |
| 19-107 |
Vincent Asaro v. United States |
Second Circuit |
2019-07-22 |
Denied |
Amici (3)Response RequestedResponse WaivedRelisted (3) |
5th-amendment 6th-amendment acquitted-conduct criminal-procedure criminal-sentencing due-process fifth-amendment jury-trial-right sentencing sixth-amendment |
Whether the Fifth and Sixth Amendments prohibit a federal court from basing a criminal defendant's sentence on conduct underlying a charge for which t… |
| 19-5215 |
Lowrell Neal v. United States |
Sixth Circuit |
2019-07-19 |
Denied |
Response WaivedIFP |
2255-motion appellate-review circuit-court clearly-erroneous criminal-procedure habeas-corpus law-of-the-case manifest-injustice procedural-error sixth-circuit |
Did the Sixth Circuit err by holding the district court properly applied the law-of-the-case to an issue presented in 2255 motion when prior appellate… |
| 19-5221 |
Richard Potts v. United States |
Third Circuit |
2019-07-19 |
Denied |
Response WaivedIFP |
civil-rights collateral-review constitutional-claim constitutional-provisions criminal-procedure due-process federal-procedure habeas-corpus ineffective-assistance jurisdiction sentencing standing statutory-interpretation |
Whether collateral review is available to obtain relief under 28 USC § 2255 in the circumstances presented |
| 19-5223 |
Bobby Minnis v. United States |
Eleventh Circuit |
2019-07-19 |
Denied |
Response WaivedIFP |
18-usc-3582 criminal-procedure double-jeopardy due-process ex-parte-communication ex-parte-communications federal-sentencing judicial-discretion sentencing-modification state-sentencing |
Whether a federal district judge can amend a final sentence years later to a defendant's detriment |
| 19-5244 |
Larry David Davis v. Brian Daniel, et al. |
Eighth Circuit |
2019-07-19 |
Denied |
IFP |
civil-rights confession-admissibility constitutional-rights criminal-procedure cruel-and-unusual-punishment due-process eighth-amendment equal-protection evidence-tampering habeas-corpus sentencing standing trial-fairness |
Whether the petitioner's conviction and sentence violate the Eighth Amendment's prohibition on cruel and unusual punishment |
| 19-5246 |
Jason Rosado v. United States |
Eleventh Circuit |
2019-07-19 |
Denied |
IFP |
18-usc-1203 924(c) certificate-of-appealability constitutional-law crime-of-violence criminal-procedure criminal-procedure-certificate-of-appealability due-process eleventh-circuit habeas-corpus sentencing statutory-interpretation united-states-v-davis |
Whether the Eleventh Circuit Court of Appeals' denial of a Certificate of Appealability should be vacated in light of the Supreme Court's decision in … |
| 19-5254 |
Jose Arroyo v. Illinois |
Illinois |
2019-07-19 |
Denied |
IFP |
corpus-delicti counsel-appointment criminal-procedure discovery dna-evidence due-process evidence ineffective-assistance ineffective-assistance-of-counsel sexual-conduct witness-statement |
Did the State fail to prove the corpus delicti of charges alleging penetration and sexual conduct with Jose Arroyo's mouth where the only proof of tho… |
| 19-5255 |
Frank Lobacz v. United States |
Second Circuit |
2019-07-19 |
Denied |
Response WaivedIFP |
28-usc-2255 appellate-review court-of-appeals criminal-procedure due-process habeas-corpus ineffective-assistance judicial-error per-se-ineffectiveness procedural-default second-circuit section-2255 sixth-amendment strickland-v-washington trial-counsel |
Whether the Court of Appeals for the Second Circuit erred in affirming the lower court's denial of Petitioner's 28 U.S.C. § 2255 petition alleging ine… |
| 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? |
| 19-5259 |
Edgar Armand Hernandez-Castillo v. United States |
Fifth Circuit |
2019-07-19 |
Denied |
Response WaivedIFP |
18-usc-3553 criminal-procedure due-process federal-sentencing judicial-discretion jury-trial sentencing-determination sentencing-guidelines sentencing-guidelines-18-usc-3553 statutory-minimum |
Whether district courts may determine without the aid of a jury that a sentence above the statutory minimum is 'not greater than necessary' to achieve… |
| 19-5260 |
Michael Levon Jackson v. United States |
Eleventh Circuit |
2019-07-19 |
GVR |
IFP |
18-usc-922g acquittal constitutional-law constitutional-rights criminal-procedure due-process element-of-crime jury-instruction jury-instructions jury-unanimity reasonable-doubt sentencing |
Does an inaccurate jury instruction on an element of a crime violate due process of law? |
| 19-5261 |
Jorge Baez v. United States |
Eleventh Circuit |
2019-07-19 |
Denied |
Response WaivedIFP |
18-usc-924c certificate-of-appealability conviction criminal-procedure criminal-statute due-process due-process,vagueness,18-usc-924(c),criminal-proce eleventh-circuit habeas-corpus statutory-vagueness united-states-v-davis vagueness |
Whether Petitioner is entitled to relief on his claim that 18 U.S.C. § 924(c)(3)(B) is unconstitutionally vague and therefore his conviction under 18 … |
| 19-5204 |
Jesus Loya Quezada v. Rick Raemisch, Executive Director, Colorado Department of Corrections, et al. |
Tenth Circuit |
2019-07-18 |
Denied |
Response WaivedIFP |
appeal citizenship civil-rights constitutional-rights criminal-evidence criminal-procedure due-process evidence harmless-error paper-foundation standing state-court uncorroborated-evidence |
Was the evidence allowed at my trial by the State court proper? |
| 19-5230 |
Stephen B. Wlodarz v. Shawn Phillips, Warden |
Tennessee |
2019-07-18 |
Denied |
Response WaivedIFP |
alford-plea criminal-procedure due-process life-sentence parole plea-bargaining sentencing |
Whether Petitioner's Alford guilty plea resulting in a sentence of life in prison without the possibility of parole is legal? |
| 19-5231 |
James D. Thomas, Jr., aka Wayne Thomas v. New York |
New York |
2019-07-18 |
Denied |
IFP |
appeal burden-of-proof civil-rights criminal-conviction criminal-procedure due-process evidentiary-rulings fair-trial jury-instructions prejudicial-error prosecutorial-misconduct reasonable-doubt sentencing sufficiency-of-evidence trial-court |
Whether the People failed to establish beyond a reasonable doubt that Jones Thomas Knowingly Possessed the Cocaine? |
| 19-5232 |
Ricky Ray Malone v. Tommy Sharp, Interim Warden |
Tenth Circuit |
2019-07-18 |
Denied |
IFP |
chapman-standard chapman-v-california constitutional-violation criminal-procedure cumulative-error cumulative-error-analysis federal-law harmless-error harmlessness-review plain-error plain-error-review prejudice prejudice-component |
Where plain error review includes a built-in prejudice component, is subjecting an acknowledged plain error to a second round of harmlessness review p… |
| 19-5242 |
Charles Clary v. Lynn Guyer, Warden |
Montana |
2019-07-18 |
Denied |
IFP |
civil-procedure civil-rights criminal-procedure due-process equal-protection free-speech standing takings |
Whether the District Court erred in dismissing the petitioner's claims |
| 19-91 |
Michele Buckner, Warden v. Robert W. Allen |
Missouri |
2019-07-18 |
Denied |
|
consecutive-sentences criminal-procedure cruel-and-unusual-punishment eighth-amendment habeas-corpus habeas-relief juvenile-offender juvenile-sentencing life-without-parole parole-eligibility |
Whether a State may sentence a juvenile offender convicted of multiple crimes to multiple consecutive terms of years in prison under which the offende… |
| 19-95 |
Linda Bolton, et vir v. United States |
Fifth Circuit |
2019-07-18 |
Denied |
Response Waived |
civil-rights constitutional-rights criminal-procedure due-process fifth-amendment government-misconduct grand-jury judicial-precedent perjured-testimony tax tax-prosecution |
Whether tax prosecutions can be authorized by the IRS Commissioner instead of the Department of Justice |
| 19-5199 |
Billy John Roberson v. Rowlett Police Department, et al. |
Fifth Circuit |
2019-07-17 |
Denied |
Relisted (2)IFP |
2nd-amendment 2nd-amendment-rights absence-from-crime-scene aggravated-assault-elements assault-elements burden-of-proof conflict-of-interest criminal-procedure due-process insufficient-evidence penal-code second-amendment sentencing-issues standing texas texas-penal-code |
Whether the petitioner received a guilty verdict of aggravated assault with a deadly weapon despite not owning or having access to a firearm |
| 19-5216 |
Nicholas Pagliuca v. United States |
Second Circuit |
2019-07-17 |
Denied |
Response WaivedIFP |
appeal-waiver circuit-split criminal-procedure federal-rules-of-criminal-procedure guilty-plea plain-error plea-bargaining rule-11 vonn-v-united-states |
Whether the plain error standard of Vonn/Dominguez Benitez applies in the context of violations of Fed.R.Crim.P. 11(b)(1)(N), where the defendant rais… |
| 19-5226 |
Patrick Demon Caldwell, II v. Arizona Department of Public Safety, et al. |
Ninth Circuit |
2019-07-17 |
Denied |
Relisted (2)IFP |
arizona-court-system civil-procedure civil-rights constitutional-violation criminal-procedure due-process judicial-misconduct post-conviction-relief rule-of-law standing |
Whether the court erred in not recognizing the presented evidence |
| 19-5169 |
Timothy Stratton v. Mississippi |
Mississippi |
2019-07-16 |
Denied |
Response WaivedIFP |
107 325 U.S. 91 65 S.Ct. 1031 89 L.Ed. 1495 (1945) civil-rights criminal-procedure due-process jurisdiction jury-instructions screws-v-united-states venue |
Whether the trial court failed to instruct the jury on the elements of the crime (venue) as according to Screws v. United States, 325 U.S. 91, 107, 65… |
| 19-5197 |
Eric T. Roden v. United States |
Ninth Circuit |
2019-07-16 |
Denied |
Response WaivedIFP |
appeal article-iii-judge criminal-defendant criminal-procedure defendant-rights due-process federal-sentencing federal-sentencing-guidelines judicial-discretion ninth-circuit sentencing sentencing-guidelines waiver |
Whether a criminal defendant can ever waive a correctly calculated guidelines range for use at a federal sentencing hearing |
| 19-5201 |
Kenneth Medenbach v. United States |
Ninth Circuit |
2019-07-16 |
Denied |
Response WaivedIFP |
18-usc-3561 criminal-procedure criminal-sentencing criminal-sentencing-authority district-court-jurisdiction due-process jurisdiction probation probation-term sentencing-authority statutory-interpretation substantial-rights supervised-release |
Did the District Court err in finding that it has authority under 18 USC §3561(a)(3) to impose a sentence of six months imprisonment and a 5 year term… |
| 19-78 |
John Doe, aka Cheyenne Moody Davis v. United States |
Fourth Circuit |
2019-07-16 |
Denied |
Amici (1)Response Waived |
appellate-review conflict-among-courts constitutional-rights criminal-procedure due-process judicial-discretion jury-instructions reasonable-doubt standard-of-proof trial-court |
Whether a trial court in criminal proceedings must, upon request from the jury, explain the meaning of the 'beyond a reasonable doubt' standard to the… |
| 19-75 |
James Joseph Garner v. Colorado |
Colorado |
2019-07-15 |
Denied |
Amici (2) |
criminal-defendant criminal-procedure due-process eyewitness-identification police-misconduct standing suggestive-identification suggestive-setting trial-procedure witness-testimony |
Whether the Due Process Clause imposes any check on an eyewitness's identification of a criminal defendant in the typically suggestive setting of tria… |
| 19-5168 |
Stephenson Lamar Smith v. Ted Jackson, et al. |
Eleventh Circuit |
2019-07-15 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure double-jeopardy due-process fifth-amendment jurisdiction prosecutorial-misconduct standing |
Whether the Double Jeopardy Clause of the Fifth Amendment protects an individual from being tried on different charges related to the same offense |
| 19-5175 |
Gregory Green v. Alan Wilson, Attorney General of South Carolina |
Fourth Circuit |
2019-07-15 |
Denied |
IFP |
appeal civil-procedure civil-rights constitutional-rights criminal-procedure discretionary-review due-process equal-protection habeas-corpus ineffective-assistance judicial-review standing |
Whether Couth Caralina Aye late Courd hile IYF Violates due fPOELS aad ogea / yrotedtisn ot Jad, by not entiblag Pethoner thE right th be heard on Gpp… |
| 19-5176 |
Ernest L. Chambliss v. United States |
Eleventh Circuit |
2019-07-15 |
Denied |
Response WaivedIFP |
confidential-informant criminal-law criminal-procedure due-process entrapment entrapment-defense evidence felon-in-possession firearm-possession jury-instructions standing |
Whether a defendant who has been charged with possessing a firearm as a convicted felon is entitled to an entrapment instruction when the evidence dem… |
| 19-5177 |
James Alvin Chaney v. United States |
Sixth Circuit |
2019-07-15 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process fifth-amendment impartial-jury inter-circuit-split juror-allegation juror-misconduct jury sixth-amendment trial-court trial-procedure |
Is a criminal defendant's Fifth Amendment right of due process and Sixth Amendment right to a trial by an impartial jury violated when the trial court… |
| 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 |
| 19-5183 |
Miguel Grado v. United States |
Ninth Circuit |
2019-07-15 |
Denied |
Response WaivedIFP |
18-usc-924c circuit-split crime-of-violence criminal-procedure criminal-statute drug-trafficking due-process firearm-use firearms multiple-offenses sentencing sentencing-enhancement statutory-interpretation |
Whether a conviction under 18 U.S.C. § 924(c) for using a firearm to further a crime of violence or drug-trafficking crime may rest on more than one u… |
| 19-5184 |
Kristopher Courtney v. United States |
Sixth Circuit |
2019-07-15 |
Denied |
Response WaivedIFP |
civil-procedure civil-rights criminal-procedure due-process habeas-corpus in-forma-pauperis ineffective-assistance-of-counsel poverty sentencing standing |
Whether the Sixth Circuit erred in affirming the district court's denial of Kristopher Courtney's motion to vacate his sentence under 28 U.S.C. § 2255 |
| 19-5189 |
Michael Tyler v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-07-15 |
Denied |
IFP |
appeal civil-procedure civil-rights constitutional-rights criminal-procedure dna-testing due-process exculpatory-evidence guidelines liberty post-conviction-relief procedural-barriers sentencing standing statutory-interpretation takings |
Whether the Sentencing Court Erred in Calculating the Defendant's Sentencing Guidelines Range |
| 19-5191 |
Kenneth Byron Davenport v. Pennsylvania |
Pennsylvania |
2019-07-15 |
Denied |
Response WaivedIFP |
age-determination criminal-procedure individualized-sentencing juvenile-offenders juvenile-sentencing mental-disability mental-health mental-health-and-mental-retardation-act mental-illness miller-v-alabama post-conviction-relief post-conviction-relief-act schizophrenia |
Does the legal 'right' recognized in Miller v. Alabama include all substantive components necessary to its creation, including the well-established ra… |
| 19-5153 |
Christopher B. Ramirez v. Washington |
Washington |
2019-07-12 |
Denied |
Response WaivedIFP |
aggravating-circumstance criminal-procedure due-process eyewitness-identification identification-procedure jury-instructions notice photographic-array police-misconduct sixth-amendment suggestive-circumstances suggestive-identification |
Whether the trial court should have excluded Carlton Hritsco's identification of Christopher Ramirez |
| 19-5159 |
Quinetta Grant v. United States |
Fifth Circuit |
2019-07-12 |
Denied |
Response WaivedIFP |
should this Court vacate and remand for reconside was Ms Grant denied her rights under U.S.S.G. § 1 binding-authority criminal-procedure criminal-procedure-plain-error-sentencing-right-to criminal-procedure-supervisory-power-conviction-se due-process judicial-discretion mail-fraud plain-error right-to-be-present sentencing sentencing-guidelines sentencing-guidelines-relevant-conduct-scope-of-cr sentencing-procedure Where Ms Grant's sentence was enhanced by attribut Where multiple additional errors affected petition |
Whether the Court of Appeals erred in failing to consider binding authority on a defendant's right to be present at a material sentencing proceeding |
| 19-5162 |
Frederick Johnson v. United States |
Fifth Circuit |
2019-07-12 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review circuit-split criminal-procedure discretionary-review plain-error plainly-unreasonable post-revocation-sentence sentencing sentencing-standard supervised-release |
What is the proper standard of appellate review for sentences imposed on defendants following revocation of supervised release? |
| 19-5149 |
Luis Rojas-Marceleno v. Kansas |
Tenth Circuit |
2019-07-11 |
Denied |
IFP |
2nd-amendment case-statement civil-procedure civil-rights constitutional-provisions criminal-procedure due-process free-speech habeas-corpus jurisdictional-issue legal-review sentencing standing statutory-provisions writ-of-certiorari |
Whether the lower court erred in dismissing petitioners' claims for lack of standing and failure to state a claim |
| 19-5150 |
Irvin Junior Phillips v. United States |
Sixth Circuit |
2019-07-11 |
Denied |
Response WaivedIFP |
18-usc-924e apprendi-rule apprendi-v-new-jersey criminal-law criminal-procedure due-process indictment-requirements prior-conviction prior-convictions sentencing sentencing-enhancement sixth-amendment statutory-interpretation supreme-court-review |
Whether the Court should consider the continuing validity of Almendarez-Torres v. United States |
| 19-5132 |
Kenneth D. Sills v. Anne L. Precythe, Director, Missouri Department of Corrections |
Eighth Circuit |
2019-07-10 |
Denied |
Response WaivedIFP |
batson-v-kentucky constitutional-rights criminal-procedure flowers-v-mississippi ineffective-assistance ineffective-assistance-of-counsel jury-selection peremptory-challenges prosecutorial-misconduct racial-discrimination sixth-amendment |
Whether certiorari should be granted where trial counsel was ineffective in failing to object to the prosecution's pretextual explanation for exercisi… |
| 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 … |
| 19-5137 |
Albert Duval Gray v. United States |
Fourth Circuit |
2019-07-10 |
Denied |
Response WaivedIFP |
appeals appellate-review constitutional-law constitutional-rights criminal-procedure due-process federal-law fifth-amendment revocation-sentence sentencing sixth-amendment |
Whether the writ should issue so that this Court may decide whether Petitioner's revocation sentence violated the Fifth and Sixth Amendments |
| 19-5138 |
Jesus Alonso Gonzalez Gonzalez, aka Jesus Gonzalez, aka Jesus Alonzo Gonzalez, aka Alonzo Gonzalez, aka Roberto Soto v. United States |
Fifth Circuit |
2019-07-10 |
Denied |
Response WaivedIFP |
allocution allocution-error appellate-review criminal-procedure defendant-objection defendant-rights due-process federal-rules-of-criminal-procedure judicial-error plain-error procedural-review rule-51b sentencing |
Whether allocution error deprives the defendant of an opportunity to object to that error within the meaning of Federal Rule of Criminal Procedure 51(… |
| 19-5141 |
William Wade v. United States |
Tenth Circuit |
2019-07-10 |
Denied |
Response WaivedIFP |
924c-sentencing circuit-split constitutional-law criminal-justice criminal-procedure due-process johnson-dimaya physically-restrained-enhancement residual-clause sentencing statutory-interpretation supreme-court |
Whether the 10th Circuit's declaration that the 924(c) 'residual' clause is unconstitutional requires resentencing when the sentencing court failed to… |
| 19-5105 |
Rudy Espudo v. United States |
Ninth Circuit |
2019-07-09 |
Denied |
Response WaivedIFP |
circuit-split crime-of-violence criminal-conviction criminal-justice criminal-procedure drug-trafficking due-process firearm-statute firearms sentencing statutory-interpretation underlying-offense |
Whether a conviction under 18 U.S.C. § 924(c) for using a firearm to further a crime of violence or drug-trafficking crime may rest on more than one u… |
| 19-5110 |
Barry Bays v. United States |
Fifth Circuit |
2019-07-09 |
Denied |
Response WaivedIFP |
controlled-substance-analog controlled-substance-analogue controlled-substances criminal-procedure due-process ex-post-facto fifth-amendment fraud scienter scienter-requirement sentencing sentencing-enhancement sixth-amendment |
Whether a defendant's sentence for fraud offenses that applied 21 U.S.C. § 802(32), USSG § 2B1.1(b)(1), and USSG §2D1.1 and treated Bays as a 'control… |
| 19-5118 |
Jason Paul Mathison v. Washington |
Washington |
2019-07-09 |
Denied |
IFP |
collateral-attack constitutional-rights criminal-procedure due-process involuntary-plea judicial-procedure plea-agreement plea-bargaining probation sentencing sentencing-conditions time-limits treatment-program vagueness |
Are constitutional rights of due process violated when a court imposes a condition that requires a defendant to 'successfully complete' a treatment pr… |
| 19-5123 |
Richard Parrish v. United States |
Sixth Circuit |
2019-07-09 |
Denied |
Response WaivedIFP |
criminal-procedure due-process evidentiary-support gall-v-united-states judicial-discretion legal-reliability reliability sentencing townsend-v-burke united-states-v-tucker united-states-v-watts |
Is resentencing required when a sentencing judge relied on an assumption that both parties agree is without evidentiary support? |
| 19-5125 |
Francisco Gallegos-Lopez v. United States |
Ninth Circuit |
2019-07-09 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
18-usc-3553a 3553(a)-factors abuse-of-discretion appellate-review circuit-split criminal-procedure judicial-discretion preservation-of-error procedural-error sentencing sentencing-recommendation statutory-factors |
Does urging a sentencing recommendation lower than that ultimately imposed, and grounded in the statutory factors in 18 U.S.C. § 3553(a), suffice to p… |
| 19-5126 |
Jesus M. Garcia v. Tammy Ferguson, Superintendent, State Correctional Institution at Phoenix, et al. |
Third Circuit |
2019-07-09 |
Denied |
IFP |
appellate-review constitutional-violation criminal-procedure due-process fourth-amendment habeas-corpus ineffective-assistance sixth-amendment trial-counsel wiretap wiretap-evidence |
Did the district court and appeals court err in denying appellant relief on ineffective assistance of trial counsel due to counsel's failing to object… |
| 19-5095 |
Fox Joseph Salerno v. Arizona |
Arizona |
2019-07-08 |
Denied |
IFP |
14th-amendment civil-rights criminal-procedure due-process equal-protection ineffective-assistance-of-counsel plea-bargaining racial-discrimination retroactivity right-to-counsel school-desegregation supreme-court |
Whether Missouri v. Frye and Lafler v. Cooper apply retroactively |
| 19-5101 |
Darryl Puderer v. Darrel Vannoy, Warden |
Fifth Circuit |
2019-07-08 |
Denied |
Response WaivedIFP |
civil-procedure civil-rights criminal-procedure district-court due-process equitable-tolling evidence-standard forcible-rape jurisdiction second-degree-kidnapping standing statute-of-limitations tolling |
Did the Federal District Court err in denying the petitioner's statutory or equitable tolling request when adequate record evidence was presented in s… |
| 19-39 |
Quintin Antonio Bell v. United States |
Fourth Circuit |
2019-07-05 |
Denied |
Response Waived |
5th-amendment categorical-match criminal-procedure custody due-process fifth-amendment interrogation miranda-interrogation miranda-v-arizona officer-subjective-test police-conduct sentencing-enhancement state-court-prosecution |
Whether the court of appeals correctly applied a subjective, officer-focused test to determine whether a suspect was interrogated for purposes of Mira… |
| 19-5043 |
Justin Panus v. Texas |
Texas |
2019-07-05 |
Denied |
IFP |
14th-amendment constitutional-challenge criminal-procedure criminal-sentencing double-enhancement double-jeopardy due-process elemental-fact equal-protection offense-enhancement sentencing sentencing-enhancement |
Whether it violates the 14th Amendment for the same elemental fact to be used as an element of an offense and also to enhance that offense to a greate… |
| 19-5067 |
Jimmie Darnell Dixon v. Darrel Vannoy, Warden |
Fifth Circuit |
2019-07-05 |
Denied |
Response WaivedIFP |
certificate-of-appealability constitutional-rights criminal-procedure criminal-procedure-insanity-defense-due-process-si due-process evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel insanity-defense insufficient-evidence |
Whether the lower court erred denying COA on the claim of insufficient evidence where petitioner sufficiently proved by a preponderance of the evidenc… |
| 19-5077 |
Carlton P. Cabot v. United States |
Second Circuit |
2019-07-05 |
Denied |
Response WaivedIFP |
appellate-review clear-error criminal-procedure factual-determination factual-findings olano plain-error rule-52(b) sentencing-variance standard-of-review |
Does plain error review apply to unobjected to factual determinations? |
| 19-5082 |
Julisa Tolentino v. United States |
Fifth Circuit |
2019-07-05 |
Denied |
Response WaivedIFP |
appellate-procedure appellate-review certiorari circuit-court criminal-procedure due-process judicial-review pending-case published-opinion reconsideration remand standing united-states-v-leal vacate |
Whether this Court should grant certiorari, vacate the judgment below, and the remand for reconsideration in the event that the defendant in the forth… |
| 19-5085 |
Darren L. Lee v. United States |
Eleventh Circuit |
2019-07-05 |
Denied |
Relisted (2)IFP |
criminal-procedure divisible-offense federal-sentencing full-faith-and-credit modified-categorical-approach physical-force plea-bargain sentencing shepard-documents united-states-v-horse-looking violent-felony |
Where a divisible offense may be committed two ways, one of which satisfies the 'violent felony' element of physical force, and one of which does not,… |
| 19-35 |
Brandon Lee Mojica v. United States |
Eleventh Circuit |
2019-07-03 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
circuit-review criminal-procedure due-process evidentiary-hearing federal-statute habeas-corpus heightened-pleading post-conviction-relief sentencing standard-of-proof united-states-v-davis |
Whether the Court should grant, vacate, and remand this case to the Eleventh Circuit for reconsideration in light of United States v. Davis |
| 19-37 |
Matthew Freeman v. Texas |
Texas |
2019-07-03 |
Denied |
|
acquittal constitutional-rights criminal-procedure double-jeopardy due-process fourteenth-amendment judgment-of-acquittal successive-prosecution successive-prosecutions |
Whether placing the Petitioner in a position to be twice tried for the same offense after a judgment of acquittal violates Petitioner's constitutional… |
| 19-5045 |
Donald Lee Hathorn v. United States |
Fifth Circuit |
2019-07-03 |
Denied |
Response WaivedIFP |
4th-amendment 5th-amendment 5th-circuit appellate-review criminal-procedure due-process electronic-devices fourth-amendment search-and-seizure supervised-release warrantless-search |
Whether the United States Court of Appeals for the Fifth Circuit erred by affirming the district court's requirement for Mr. Hathorn to submit his com… |
| 19-5053 |
Brandon M. Hicks v. Renee Baker, Warden, et al. |
Ninth Circuit |
2019-07-03 |
Denied |
Response WaivedIFP |
6th-amendment civil-rights constitutional-law constitutional-rights criminal-procedure due-process evidence-admissibility fair-trial ineffective-assistance-of-counsel judicial-conduct plea-bargaining sentencing separation-of-powers sixth-amendment |
Whether the judge's extra language in the judgment of conviction, in context with his conduct at sentencing, is a violation of the Separation of Power… |
| 19-5054 |
Jason Hendershott v. Kelly Strong, Warden, et al. |
Fifth Circuit |
2019-07-03 |
Denied |
Response WaivedIFP |
access-to-courts appeal civil-procedure civil-rights constitutional-claims criminal-case criminal-procedure due-process federal-circuit-court habeas-corpus ineffective-assistance-of-counsel judicial-review mental-illness post-conviction |
Whether Hendershott was improperly denied time-credit for turning in his 2854 year old prison authorities to mail months before his deadline |
| 19-5055 |
Isaac Decurtis Harris v. Michigan |
Michigan |
2019-07-03 |
Denied |
IFP |
arraignment civil-rights constitutional-rights conviction court-rules criminal-procedure due-process liberty-interest state-court transcript warrantless-arrest |
Whether the State Court had caused a conflict within the State Court ignoring its controlling governed caselaw |
| 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 … |
| 19-5071 |
Erwin Burley v. United States |
Eleventh Circuit |
2019-07-03 |
Denied |
Response WaivedIFP |
appellate-review circuit-court criminal-procedure criminal-sentencing district-court district-court-discretion eleventh-circuit judicial-discretion sentencing-explanation sentencing-factors sentencing-guidelines supervisory-power upward-variance |
Whether this Court should exercise its supervisory power and grant review because the Eleventh Circuit has permitted an upward variance sentence almos… |
| 19-5034 |
Leland Dudley v. Illinois |
Illinois |
2019-07-02 |
Denied |
IFP |
' 'civil-rights" ' 'criminal-procedure" ' 'due-process" ' 'police-misconduct" ' 'post-conviction' ' 'sentencing" civil-rights constitutional-rights criminal-procedure due-process evidence-review grand-jury judicial-review police-misconduct post-conviction-relief sentencing wrongful-conviction |
Was the petition (by) the state's attorney's office denied by the lower court, and did the lower court err in denying the petition to vacate the convi… |
| 19-5036 |
Craig Alan Toaz v. United States |
Sixth Circuit |
2019-07-02 |
Denied |
Response WaivedIFP |
concurrent-sentences concurrent-sentencing criminal-conduct criminal-procedure federal-convictions habeas-corpus habeas-petition judicial-review procedural-grounds sentencing sentencing-guidelines ussg-5g1.3 |
Whether the district and circuit courts erroneously dismissed petitioner's habeas petition under procedural grounds |
| 19-5038 |
Donald Willems v. United States |
Eleventh Circuit |
2019-07-02 |
Denied |
Response WaivedIFP |
appeal-waiver constitutional-protections contract-law criminal-procedure due-process plea-agreement right-to-counsel sixth-amendment speedy-trial |
Does an Appeal Waiver which is contained within a Plea Agreement toll the filing of a Notice to Appeal under the Sixth Amendments right to a speedy tr… |
| 19-5046 |
James Gregory Armistead v. David Millis, Superintendent, Hyde Correctional Institution |
Fourth Circuit |
2019-07-02 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance legal-documents prosecutorial-misconduct standing trial-error |
Whether the circuit court judges erred when the petition was denied a certificate of appealability, for clear violations where petitioner presented le… |
| 19-5048 |
Mark Anthony Dolph v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-07-02 |
Denied |
Response WaivedIFP |
4th-amendment 5th-amendment civil-rights constitutional-rights criminal-procedure custody custody-determination due-process evidentiary-standard interrogation legal-procedure miranda-warnings officer-testimony video-evidence |
Why does Geasoned Opinions of _jprist Thou out the federal system demonstrate that freminded ytist can disagree AS +o Whether the use of handtudfs jtu… |
| 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, … |
| 19-5007 |
Jonathan Paul Sikes v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-07-01 |
Denied |
Relisted (2)IFP |
actual-innocence credibility-of-witnesses criminal-conviction criminal-procedure due-process jackson-standard jackson-v-virginia juvenile-offender reasonable-doubt sexual-offenses standard-of-proof sufficiency-of-evidence testimony witness-credibility |
Does the Northern District Court's decision conflict with the holding in Jackson v. Virginia as the Northern District Court misapplied the standard in… |
| 19-5018 |
Gettus Leroy Mintz v. Charles L. Ryan, Director, Arizona Department of Corrections, et al. |
Ninth Circuit |
2019-07-01 |
Denied |
IFP |
actual-innocence brady-violation certificate-of-appealability constitutional-review conviction-standard criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel judicial-misconduct procedural-default reasonable-doubt |
Whether the willful and serial denial of attempts to demonstrate actual innocence, by the courts and counsel, presents at a minimum the debatable qual… |
| 19-5020 |
Khaleefa Lambert v. Darren Settles, Acting Warden |
Sixth Circuit |
2019-07-01 |
Denied |
IFP |
criminal-procedure felony-murder ineffective-assistance ineffective-assistance-of-counsel murder-conviction prejudice premeditated-murder reasonable-jury sixth-amendment standard-of-review sufficiency-of-evidence trial-counsel |
Did the Sixth Circuit err in denying Petitioner's claim that his trial counsel's performance was so deficient as to prejudice the outcome of the trial… |
| 19-5022 |
Brian K. Banks v. Louisiana |
Louisiana |
2019-07-01 |
Denied |
Response WaivedIFP |
404(b)-evidence appellate-review constitutional-rights criminal-procedure due-process evidence fair-trial fifth-circuit jury-trial legal-error louisiana-supreme-court prosecutorial-misconduct standard-of-review |
Did the Louisiana Supreme Court err in allowing the Fifth Circuit to contradict its own prior rulings by overruling the District Court's decision to n… |
| 19-5027 |
Eddie David Cox v. United States |
Eighth Circuit |
2019-07-01 |
GVR |
IFP |
criminal-procedure criminal-procedure-rehaif-v-united-states,sentenci double-jeopardy eighth-circuit guidelines-calculation procedural-error rehaif-standard rehaif-v-united-states resentencing section-2241 sentencing sentencing-review |
Should the Court GVR the judgment of the Eighth Circuit so the appeals court may consider, whether Cox is entitled to relief from his conviction in li… |
| 19-5030 |
Michael D. Mathew v. Ohio |
Ohio |
2019-07-01 |
Denied |
IFP |
civil-rights constitutional-rights criminal-law criminal-procedure cruel-and-unusual-punishment due-process eighth-amendment proportionality sentencing |
Whether the twenty-one year sentence imposed by the state trial court violated the Eighth Amendment ban on cruel and unusual punishments? |
| 19-5032 |
Tyrone Felder v. United States |
Second Circuit |
2019-07-01 |
Denied |
Response WaivedIFP |
adjudication adult-conviction adult-convictions career-offender criminal-history criminal-procedure federal-sentencing federal-sentencing-guidelines sentencing-guidelines statutory-interpretation youthful-offender |
Whether New York youthful offender adjudications qualify as adult convictions for purposes of the Federal Sentencing Guidelines career offender provis… |
| 19-5 |
Luis Arnaldo Baez v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-06-28 |
Denied |
|
burden-of-proof constitutional-rights criminal-procedure due-process extraneous-evidence jury-instruction jury-trial limiting-instruction propensity-evidence |
1. Whether a jury instruction that permits conviction on proof of extraneous and propensity evidence, rather than on proof of all of the elements of a… |
| 19-5003 |
Roberto Cruz-Olavarria v. United States |
First Circuit |
2019-06-28 |
Denied |
Response WaivedIFP |
circuit-split criminal-procedure due-process heightened-scrutiny judicial-discretion offense-seriousness sentencing sentencing-guidelines sentencing-review statutory-maximum supervised-release |
Whether there is a need for extensive justification and heightened scrutiny when imposing and reviewing sentences at the statutory maximum |
| 19-5009 |
Keon Anthony Nixon v. United States |
Tenth Circuit |
2019-06-28 |
Denied |
Response WaivedIFP |
balancing-test barker-v-wingo constitutional-rights criminal-procedure due-process post-indictment-delay prejudice right-to-counsel sixth-amendment speedy-trial speedy-trial-right |
Whether a defendant's 'failure to invoke the right to a speedy trial would be weighed heavily against him,' despite 'his lack of representation,' and … |
| 19-5010 |
Andrew Nelson v. United States |
Eleventh Circuit |
2019-06-28 |
Denied |
IFP |
18-usc-924(c) appellate-review continuance criminal-procedure due-process fed-r-crim-p-52a federal-rules-of-criminal-procedure harmless-error judicial-error prejudice right-to-counsel sentencing substantial-rights trial-continuance vagueness-doctrine |
Where the district court erroneously premises its denial of a meritorious, unopposed motion for continuance of the trial on a mistaken belief that the… |
| 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… |
| 18-9791 |
Luis David Moreno-Pena v. United States |
Fifth Circuit |
2019-06-27 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
abuse-of-discretion appellate-review criminal-procedure due-process judicial-discretion leniency preservation-of-error sentencing-argument sentencing-reasonableness sentencing-review |
Whether challenges to the reasonableness of a sentence rooted in a court's failure to address arguments for leniency must be preserved by specific obj… |
| 18-9803 |
Salvador Galvan v. United States |
Ninth Circuit |
2019-06-27 |
Denied |
Response WaivedIFP |
18-usc-3553a appeal criminal-procedure criminal-sentencing district-court-discretion due-process guidelines procedural-error sentencing sentencing-guidelines ussg-2b1.1 victim victim-definition victim-impact |
Whether the district court committed procedural error by considering every resident of the City of Compton as a victim for purposes of its 18 U.S.C. §… |
| 18-9804 |
Michael Zachariah Gomez v. United States |
Fifth Circuit |
2019-06-27 |
Denied |
Response WaivedIFP |
appeals appellate-procedure circuit-split criminal-procedure due-process federal-courts federal-revocation plain-unreasonableness sentencing sentencing-review standard-of-review |
Whether the standard of review in appeals of federal revocation sentences is limited to review for \'plain unreasonableness\'? |
| 18-9810 |
Erik Ward v. California |
California |
2019-06-27 |
Denied |
IFP |
attempted-murder civil-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel jury-instructions lesser-included-offense physical-evidence premeditation standard-of-proof sufficiency-of-evidence trial-counsel |
Whether trial counsel failed to provide effective assistance of counsel by not properly performing procedural and due process requirements, and not in… |
| 18-9821 |
Robert Lee Heard, Jr. v. Louisiana |
Louisiana |
2019-06-27 |
GVR |
Response RequestedResponse WaivedRelisted (3)IFP |
Apodaca-v-Oregon criminal-conviction criminal-procedure due-process fourteenth-amendment jury-trial nonunanimous-jury-verdict nonunanimous-verdict sixth-amendment |
Does the right to a jury trial guaranteed by the Sixth Amendment allow a state-court criminal conviction to stand on a nonunanimous jury verdict? |
| 18-9823 |
Freddie Lee Morris v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2019-06-27 |
Denied |
IFP |
coerced-confession criminal-procedure due-process fifth-amendment fourteenth-amendment habeas-corpus informant involuntary-plea manifest-injustice paid-informant procedural-grounds right-to-counsel sixth-amendment |
Whether the state of Florida violated petitioner's sixth amendment right to the assistance of counsel |
| 18-9824 |
Steven G. Patten v. California |
California |
2019-06-27 |
Denied |
IFP |
civil-rights criminal-procedure due-process equal-protection flight-instruction fourteenth-amendment harmless-error jury-selection peremptory-challenges racial-discrimination self-defense |
Whether Petitioner can establish a prima facie case of discrimination under the Equal Protection Clause of the Fourteenth Amendment |
| 18-9829 |
Herve Wilmore, Jr. v. United States |
Eleventh Circuit |
2019-06-27 |
Denied |
Response WaivedRelisted (2)IFP |
appeal appellate-review constructive-amendment criminal-procedure due-process fifth-amendment grand-jury-clause judicial-review |
Did the Court of Appeals affirm a Constructive Amendment, which requires reversal per se? |
| 18-9830 |
Michael Franklin Einfeldt v. United States |
Eighth Circuit |
2019-06-27 |
Denied |
Response WaivedIFP |
2255-petition burden-of-proof criminal-procedure due-process habeas-corpus johnson-ruling johnson-v-united-states residual-clause sentencing sentencing-guidelines violent-felonies violent-felony |
Whether a 28 U.S.C. § 2255 petitioner should be required to affirmatively prove the sentencing court relied on the residual clause |
| 18-9836 |
Dwight Brown v. United States |
Fourth Circuit |
2019-06-27 |
Denied |
Response WaivedIFP |
allen-charge coercion coercive-instruction criminal-procedure double-jeopardy due-process judicial-discretion jury-deliberation jury-deliberations mistrial verdict-review |
Whether the district court erred or abused its discretion in reversing or rescinding its grant of mistrial |
| 18-9839 |
Robert E. King v. Oklahoma |
Oklahoma |
2019-06-27 |
Denied |
IFP |
appeal-rights constitutional-rights criminal-procedure due-process effective-assistance-of-counsel equal-protection ineffective-assistance ineffective-assistance-of-counsel juvenile-justice post-conviction-relief racial-discrimination |
Did Oklahoma's Appellate Court deprive Robert E. King the right to equal protection |
| 18-9843 |
Freddie Lee Fountain v. Texas |
Texas |
2019-06-27 |
Denied |
IFP |
access-to-justice civil-rights constitutional-law constitutional-rights criminal-procedure due-process habeas-corpus indigent-defendant indigent-defense procedural-protections |
At what point does the absence of government protection breach the limits of constitutional boundary? |
| 18-9845 |
Bradley Joseph Vanzant v. Keith Yordy, Warden |
Ninth Circuit |
2019-06-27 |
Denied |
Response WaivedIFP |
6th-amendment constitutional-violations criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel plea-bargaining prosecutorial-misconduct structural-error |
Did petitioner make an involuntarily unknown and unintelligent plea through ineffective assistance of counsel and violations of his 6th Amendment righ… |
| 18-9846 |
Bradford Metcalf v. S. Kallis, Warden |
Fourth Circuit |
2019-06-27 |
Dismissed |
Response WaivedIFP |
actual-innocence constitutional-rights criminal-procedure due-process equal-protection habeas-corpus miscarriage-of-justice wrongful-conviction |
Must the Petitioner who is actually innocent be given the same constitutional consideration as citizens who succeeded him? |
| 18-1589 |
James Doyle Collins, Jr. v. Texas |
Texas |
2019-06-27 |
Denied |
|
contraband contraband-possession criminal-intent criminal-law criminal-possession criminal-procedure destruction-of-evidence due-process evidence evidence-destruction intent intentional-possession mens-rea possession possession-law statutory-interpretation |
Whether the act of deleting or destroying contraband evidences a lack of knowing or intentional possession |
| 18-9806 |
Karlynn Romeo Tones, Donta Lyvoid Blackmon, and Arvin Terrill Carmen v. United States |
Ninth Circuit |
2019-06-26 |
Denied |
Response WaivedIFP |
conspiracy constitutional-rights criminal-conspiracy criminal-procedure defendant-rights due-process indictment indictment-specificity jury-instructions jury-unanimity trial-evidence unanimity |
Do federal criminal defendants have a constitutional right to a specific unanimity instruction requiring the jury to unanimously define the duration a… |
| 18-9808 |
Manuel Reyes v. United States |
Eleventh Circuit |
2019-06-26 |
Denied |
IFP |
18-usc-924(c) 18-usc-924(c)(3)(B) 18-usc-924c certificate-of-appealability circuit-precedent conviction criminal-law criminal-procedure due-process federal-criminal-procedure federal-statute statutory-vagueness vagueness |
Whether Petitioner is entitled to relief on his claim that 18 U.S.C. § 924(c)(3)(B) is unconstitutionally vague and his conviction under 18 U.S.C. § 9… |
| 18-9809 |
Willie Strong v. New York |
New York |
2019-06-26 |
Denied |
IFP |
automobile-presumption burden-of-proof criminal-procedure due-process fourteenth-amendment jury-instructions possession reasonable-doubt statutory-interpretation statutory-presumption |
When is evidence sufficient to render the 'Automobile Presumption' N.Y. P.-L. §265.15 (3)(a) inapplicable? |
| 18-9816 |
Kabil Anton Djenasevic, aka Anton Genase, aka Kabil Genase, aka Kabil Kraja v. United States |
Eleventh Circuit |
2019-06-26 |
Denied |
Response WaivedIFP |
civil-rights conspiracy-law criminal-procedure due-process evidence false-testimony fifth-amendment fourteenth-amendment fourth-amendment judicial-notice sixth-amendment standing |
Whether petitioner was denied his Fourth, Fifth, Sixth, and Fourteenth Amendment rights |
| 18-9817 |
Deterryon Tyrell Kelly v. Texas |
Texas |
2019-06-26 |
Denied |
IFP |
criminal-conviction criminal-procedure due-process evidence evidence-standard inference-stacking jackson-v-virginia legal-sufficiency speculative-evidence sufficiency sufficiency-of-evidence |
Can evidence meet the legal sufficiency standard of Jackson v. Virginia if the evidence relied upon for conviction is primarily speculative and infere… |
| 18-9820 |
Jonathon Loyd Edick v. Michigan |
Michigan |
2019-06-26 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure due-process fair-trial ineffective-assistance-of-counsel judicial-bias legal-prejudice prejudice prosecutorial-misconduct standing trial-procedure |
Is petitioner entitled to relief where his constitutional rights are/were violated by receiving ineffective assistance of counsel at the trial court l… |
| 18A1363 |
Abimael Ayala-Gonzalez v. New York |
New York |
2019-06-26 |
Presumed Complete |
|
burden-of-proof circumstantial-evidence criminal-procedure due-process prosecutorial-misconduct racial-identification |
Whether a criminal defendant's due process rights are violated when a state court denies a requested racial identification charge and finds circumstan… |
| 18-9776 |
Irineo Ponce-Recendiz v. United States |
Fifth Circuit |
2019-06-25 |
Denied |
Response WaivedIFP |
allocution allocution-error appellate-review criminal-procedure defendant-objection defendant-rights due-process federal-rules-of-criminal-procedure judicial-procedure legal-error plain-error preservation-of-error rule-51b sentencing |
Whether allocution error deprives the defendant of an opportunity to object to that error within the meaning of Federal Rule of Criminal Procedure 51(… |
| 18-9780 |
Christopher Hannigan v. United States |
Fourth Circuit |
2019-06-25 |
Denied |
Response WaivedIFP |
18-usc-3551 component-parts criminal-procedure federal-rules federal-rules-of-criminal-procedure judgment judgment-parsing judicial-discretion rule-32 sentencing sentencing-rules statutory-interpretation |
Does the language of Rule 32(k) and 18 U.S.C. §3551 allow for the court to parcel the judgment into component parts? |
| 18-9781 |
Adam J. Winarske v. United States |
Eighth Circuit |
2019-06-25 |
Denied |
Response WaivedIFP |
28-usc-2255 acca-enhancement armed-career-criminal-act circuit-split criminal-procedure due-process johnson-decision johnson-v-united-states preponderance-of-the-evidence preponderance-standard residual-clause section-2255 statutory-interpretation |
Whether 28 U.S.C. § 2255 requires a Johnson petitioner to show by a preponderance of the evidence that the residual clause provided the basis for his … |
| 18-9783 |
Nasser Ghelichkhani v. United States |
Eleventh Circuit |
2019-06-25 |
Denied |
Response WaivedRelisted (2)IFP |
constitutional-validity coram-nobis criminal-procedure double-jeopardy due-process fundamental-error fundamental-rights guilty-plea immigration immigration-consequences plea-bargaining |
Whether a conviction, with tremendous adverse consequences, is constitutionally valid, when it is obtained through a plea (that does not waive appeali… |
| 18-9785 |
Wayne A. Hussar, II v. James C. Reynolds, et al. |
Ninth Circuit |
2019-06-25 |
Denied |
IFP |
civil-procedure civil-rights constitutional-rights criminal-procedure due-process equal-protection fourth-amendment probable-cause prosecutorial-misconduct search-and-seizure self-defense sentencing standing warrantless-search |
Whether the petitioner's due process and equal protection rights were violated when the state court dismissed his criminal case despite evidence of se… |
| 18-9787 |
Jace Crehan v. Louisiana |
Louisiana |
2019-06-25 |
GVR |
Response RequestedResponse WaivedRelisted (3)IFP |
constitutional-amendment criminal-procedure due-process fifth-amendment fourteenth-amendment jury-trial jury-unanimity sixth-amendment unanimous-jury unanimous-verdict |
Whether Petitioner was constitutionally entitled to a unanimous jury under the Fifth, Sixth, and Fourteenth Amendments to the United States Constituti… |
| 18-9789 |
Dan Pizarro v. United States |
Fifth Circuit |
2019-06-25 |
Denied |
IFP |
criminal-procedure criminal-sentencing direct-appeal drug-offenses drug-trafficking first-step-act prior-convictions prior-felony-conviction sentencing sentencing-enhancement statutory-minimum |
Whether Pizarro is entitled to the application of the First Step Act amendments to the statutory minimum sentences applicable to his drug trafficking … |
| 18-9790 |
Alexander Monzoni v. United States |
Ninth Circuit |
2019-06-25 |
Denied |
Response WaivedIFP |
circuit-split criminal-procedure federal-sentencing guideline-calculation guidelines judicial-review molina-martinez plain-error plain-error-review prejudice prejudice-prong sentencing sentencing-guidelines |
Should the Court address the division of circuit authority over application of the prejudice prong of plain-error review for Guideline error as set ou… |
| 18-9794 |
Paul Vallejo v. Texas |
Texas |
2019-06-25 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
civil-rights constitutional-law criminal-procedure due-process ex-post-facto fundamental-fairness state-action statute-of-limitations |
Does the ex post facto clause and 'fundamental fairness' prohibit the state from removing a potential statute of limitations defense? |
| 18-9799 |
Benito Rivera v. United States |
First Circuit |
2019-06-25 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure due-process judicial-discretion jury-instruction jury-instructions reasonable-doubt standard-of-proof |
Should certiorari be granted to find that, while a district court need not define reasonable doubt, if it does so, it cannot employ a definition that … |
| 18-1579 |
Ronnie Ricks, Jr. v. Texas |
Texas |
2019-06-25 |
Denied |
Response Waived |
5th-amendment criminal-procedure custodial-interrogation defendant-rights due-process evidence miranda right-to-counsel self-incrimination sixth-amendment testimonial-evidence video-evidence |
Whether showing a videotape containing testimonial actions is proper, after an accused has invoked his right to counsel? |
| 18-9762 |
Kwame A. Insaidoo v. United States |
Second Circuit |
2019-06-24 |
Denied |
IFP |
18-usc-666 5th-amendment 6th-amendment circuit-split criminal-procedure criminal-prosecution due-process federal-benefit jury-determination jury-trial second-circuit statutory-interpretation |
Whether the Second Circuit Court of Appeals erred, in violation of U.S. Const. V and VI, when it held that the government need not prove to a jury the… |
| 18-9763 |
Stirling Michael Heaton v. United States |
Eighth Circuit |
2019-06-24 |
Denied |
Response WaivedIFP |
concurrent-sentences concurrent-sentencing criminal-procedure criminal-sentencing discretion federal-guidelines federal-jurisdiction federal-plea-agreement judicial-discretion modification retroactive-amendment retroactive-guidelines-amendment sentence-concurrency sentencing-guidelines sentencing-modification sentencing-reform-act |
Whether a sentencing court has discretion to adjust a federal sentence to achieve concurrency with another criminal sentence in § 3582(c)(2) proceedin… |
| 18-9765 |
Joseph Kinard v. United States District Court for the District of Columbia |
District of Columbia |
2019-06-24 |
Denied |
Response WaivedIFP |
bar-membership civil-rights constitutional-violation criminal-procedure discovery due-process evidence jurisdiction oath-of-office prosecutorial-misconduct state-court-review supreme-court-jurisdiction vagueness |
Whether a United States Attorney must be a member of the bar in the city or state to prosecute cases in the United States District Court and Superior … |
| 18-9767 |
LaShawn Johnson v. Randy L. White, Warden |
Sixth Circuit |
2019-06-24 |
Denied |
Response WaivedIFP |
14th-amendment 5th-amendment 6th-amendment aggravating-factors constitutional-rights criminal-procedure due-process indictment jury-instruction jury-instructions |
Does submitting aggravating factors of a crime in a jury instruction that wasn't charged in the indictment violate Due Process |
| 18-9768 |
Keith Talbert v. Illinois |
Illinois |
2019-06-24 |
Denied |
Response WaivedIFP |
civil-procedure constitutional-amendments due-process eminent-domain. standing takings civil-rights criminal-procedure due-process fourth-amendment search-and-seizure standing |
Whether the lower court erred in its application of the Fourth Amendment's protections against unreasonable searches and seizures |
| 18-9770 |
Lionel Toye v. Steven Racette, Superintendent, Great Meadows Correctional Facility |
Second Circuit |
2019-06-24 |
Denied |
Response WaivedIFP |
criminal-procedure ineffective-assistance lafler-v-cooper plea-bargaining plea-negotiations right-to-counsel sentencing sentencing-exposure strickland-standard strickland-v-washington trial-counsel |
Whether this court should revisit the claim of ineffective assistance of trial counsel during plea negotiations |
| 18-9774 |
Hsiu Ying Lisa Tseng v. California |
California |
2019-06-24 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure due-process estelle-v-mcguire evidence federal-due-process fourteenth-amendment prior-act-evidence propensity-evidence state-trial |
Whether the admission of irrelevant prior act evidence in a state trial that amounts to propensity evidence violates Fourteenth Amendment due process |
| 18-9775 |
Dustin Washington v. United States |
Fourth Circuit |
2019-06-24 |
Denied |
Response WaivedIFP |
4th-amendment affidavit criminal-procedure drug-weight forfeiture fourth-amendment fourth-circuit motion-to-suppress probable-cause search-and-seizure search-warrant sentencing-error standard-of-review sufficiency-of-evidence |
Whether the Fourth Circuit erred in failing to find that the trial court erred in denying Mr. Washington's motion to suppress the search of the BMW |
| 18-9740 |
Myron Gregory Jessie v. Michigan |
Michigan |
2019-06-21 |
Denied |
IFP |
appeal appellate-review civil-rights constitutional-rights conviction criminal-procedure due-process evidence evidence-admission judicial-error life-imprisonment prior-misconduct resentencing sentencing |
Was the evidence insufficient to convict defendant of first-degree murder and also to support the sentence of life imprisonment, and did the resentenc… |
| 18-9758 |
Lavell Conerly v. Willis Chapman, Warden |
Sixth Circuit |
2019-06-21 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process due-process,self-incrimination,miranda-warnings,cl inculpatory-statement ineffective-assistance-of-counsel miranda-warnings right-to-counsel self-incrimination |
Was it reversible error to introduce defendant's inculpatory statement obtained without Miranda warnings? |
| 18-9760 |
Andrew D. Dixon v. United States |
Eleventh Circuit |
2019-06-21 |
Denied |
Response WaivedIFP |
acca acca-sentence-enhancement acca-statute armed-career-criminal-act criminal-procedure elements-clause johnson-precedent post-johnson precedent predicate-prior residual-clause sentencing sentencing-enhancement |
Did the court error denying claims that the residual clause didn't apply to defendant by using Post-Johnson precedent claims and raising elements clau… |
| 18-9711 |
David Meyers v. Harold W. Clarke, Director, Virginia Department of Corrections |
Virginia |
2019-06-20 |
Denied |
Relisted (2)IFP |
civil-rights compulsory-process constitutional-rights criminal-procedure due-process fail-to-strike-testimony fair-trial false-testimony ineffective-assistance ineffective-assistance-of-counsel intrinsic-fraud perjury post-conviction-relief prosecutorial-misconduct |
Did attorney Paul Roskins violate due-process, fail-to-strike-testimony, false-testimony, compulsory-process, ineffective-assistance-of-counsel |
| 18-9736 |
Darius Kinney v. Ohio |
Ohio |
2019-06-20 |
Denied |
Response RequestedRelisted (3)IFP |
4th-amendment 6th-amendment constitutional-law criminal-procedure fourth-amendment ineffective-assistance-of-counsel motion-to-suppress search-and-seizure sixth-amendment warrant warrantless-search |
Were Petitioner's Sixth Amendment rights violated? |
| 18-9737 |
Laquan L. Kellam v. United States |
Third Circuit |
2019-06-20 |
Denied |
Response WaivedIFP |
constitutional-interpretation criminal-procedure eighth-amendment eighth-amendment-rights expert-witness-testimony fifth-amendment fifth-amendment-rights fourteenth-amendment fourteenth-amendment-rights fourth-amendment fourth-amendment-rights procedural-error search-and-seizure sixth-amendment sixth-amendment-rights statutory-interpretation warrantless-arrest |
Did the United States Court of Appeals for the Third Circuit abuse its discretionary, broadly-based authority of interpretation, thus, violating petit… |
| 18-9738 |
Francisco Gonzalez Jose v. United States |
Third Circuit |
2019-06-20 |
Denied |
Response WaivedIFP |
alternate-juror criminal-procedure deliberations due-process federal-rules-of-criminal-procedure judicial-interpretation jury jury-deliberation jury-instructions mistrial third-circuit united-states-v-sotelo |
When a juror cannot continue deliberations and an alternate juror is empaneled, does the Third Circuit's decision in United States v. Sotelo conflict … |
| 18-9739 |
Timothy Paul Malone v. United States |
Fifth Circuit |
2019-06-20 |
Denied |
Response WaivedIFP |
acceptance-of-responsibility application-note application-note-2 chapter-5 criminal-procedure criminal-sentencing federal-sentencing judicial-interpretation offense-level sentencing-guidelines statutory-interpretation |
Whether the lower court has misconstrued and misapplied U.S.S.G. Chapter 5, Part A, Application Note 2 by failing to limit the offense level to a leve… |
| 18-9741 |
Quintin Irving Brown v. City of Richmond, Virginia |
Virginia |
2019-06-20 |
Denied |
Response WaivedRelisted (2)IFP |
criminal-procedure double-jeopardy due-process ineffective-assistance-of-counsel judicial-misconduct misdemeanor-reduction probation-violation prosecutorial-misconduct speedy-trial void-judgment |
When a trial occurs over a defendant's expressed objections to a violation of that state's statutory right to speedy trial, when should the conviction… |
| 18-9742 |
Mikle Anthony Butler v. United States |
Fourth Circuit |
2019-06-20 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure due-process evidence-evaluation ineffective-assistance-of-counsel ineffective-counsel judicial-discretion mental-health mental-illness sentencing sentencing-guidelines |
Issues being raised |
| 18-9746 |
Marion Wilson, Jr. v. Benjamin Ford, Warden |
Georgia |
2019-06-20 |
Denied |
IFP |
capital-case criminal-procedure death-penalty due-process eighth-amendment fair-trial intent jury-instructions prosecutor-misconduct prosecutorial-misconduct standing |
Are due process and the Eighth Amendment violated when a prosecutor knowingly argues falsehoods about the defendant's culpable acts in order to incite… |
| 18-9748 |
George Hernandez v. United States |
Ninth Circuit |
2019-06-20 |
Denied |
Response WaivedIFP |
confidential-informant criminal-procedure discovery due-process fair-trial guilty-plea informant plea-bargaining plea-withdrawal sentencing-disclosure withdrawal-of-plea |
Does the 'fair and just reason' standard for withdrawal of a guilty plea properly encompass the post-plea, pre-sentence acquisition of information abo… |
| 18-9705 |
Leonard Moore v. United States |
Sixth Circuit |
2019-06-19 |
Denied |
Response WaivedIFP |
6th-amendment appellate-review certificate-of-appealability crime-of-violence criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel sentencing sentencing-enhancement sixth-amendment statutory-interpretation |
Whether 18 U.S.C. §1959(a)(3) qualifies as a crime of violence for the purpose of §924(c)(3)(A) element clause |
| 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… |
| 18-9726 |
Lorenzo Hale v. United States |
Fifth Circuit |
2019-06-19 |
GVR |
IFP |
2nd-amendment criminal-procedure criminal-statute felon-in-possession firearm-possession interstate-commerce jurisdictional-element mens-rea prior-occasion recent-past state-lines statutory-interpretation |
Whether 18 U.S.C. §922(g) authorizes conviction upon proof that a firearm once crossed state lines at an unspecified prior occasion, when there is no … |
| 18-9729 |
Odell Lameche Overby v. United States |
Fourth Circuit |
2019-06-19 |
Denied |
Response WaivedIFP |
18-usc-3553 3553(c) appellate-review criminal-procedure district-court-obligation due-process judicial-discretion judicial-reasoning nonfrivolous-arguments sentencing sentencing-guidelines |
Whether the district court fulfilled its obligation under 18 U.S.C. § 3553(c) to announce the reasons for its sentencing decision |
| 18-9731 |
Youval Geringer-Ganor v. United States |
Ninth Circuit |
2019-06-19 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-charges criminal-procedure due-process entrapment government-conduct judicial-review outrageous-government-conduct sting-operation sting-operations |
Whether government sting operations may constitute outrageous government conduct warranting dismissal of the charges? |
| 18-9732 |
Bejan David Etemad v. North Dakota |
North Dakota |
2019-06-19 |
Denied |
IFP |
appeals certiorari constitutional-rights criminal-procedure due-process due-process-clause federal-certiorari federal-jurisdiction jury-trial jury-verdict state-court state-courts state-supreme-court |
Can any State Court of last resort or specifically the North Dakota Supreme Court completely abrogate due process to the point that no process existed… |
| 18-9734 |
Hector Dominguez-Gabriel, aka Kinko, aka John Richard Bellefleur v. United States |
Second Circuit |
2019-06-19 |
Denied |
Response WaivedIFP |
abuse-of-discretion compassionate-release criminal-procedure criminal-sentencing federal-courts federal-sentencing judicial-discretion sentence-modification sentencing-guidelines sentencing-relief statutory-interpretation |
Whether the lower court(s) abused its discretion when it denied appellant Section 3582(c)(2) relief? |
| 18A1333 |
Alfredo Beltran Leyva v. United States |
District of Columbia |
2019-06-19 |
Presumed Complete |
|
criminal-procedure drug-trafficking evidence-sufficiency guilty-plea plea-withdrawal sentencing |
Whether a district court may deny a criminal defendant's motion to withdraw a guilty plea after the defendant seeks to proceed to trial and challenges… |
| 18-1552 |
Henry P. Alfano and William Hird v. United States |
Third Circuit |
2019-06-19 |
Denied |
Response Waived |
criminal-law criminal-procedure criminal-statute due-process federalism mail-fraud property property-rights statutory-interpretation traffic-tickets unadjudicated-charges unadjudicated-tickets wire-fraud |
Whether unadjudicated traffic tickets constitute 'property' under the mail- and wire-fraud statutes |
| 18-9700 |
Daniel Gatson v. United States |
Third Circuit |
2019-06-18 |
Denied |
Response WaivedIFP |
18-usc-2518 aggrieved-person cell-phone-records criminal-procedure Does the District Court have the authority to sent electronic-interception electronic-surveillance expert-testimony expert-testimony-federal-rule-of-evidence-702-scie fourth-amendment fourth-amendment-cell-phone-records-probable-cause sentencing-guidelines sentencing-guidelines-upward-departure-district-co standing standing-aggrieved-person-electronic-interception- Whether acquiring a person's past movements throug Whether an expert's testimony that has never been |
Whether the 'target' of an electronic interception, whom voice was heard in intercepted conversations have 'standing' as an 'aggrieved person' under 1… |
| 18-9701 |
Antoine Gause v. United States |
Fourth Circuit |
2019-06-18 |
Denied |
Response WaivedIFP |
constitutional-law constitutional-rights criminal-procedure due-process judicial-error miscarriage-of-justice plea-agreement plea-bargaining sentencing supervised-release |
Whether the lower courts fundamentally erred through a miscarriage of justice, by unconstitutionally sentencing the Petitioner to a longer sentence an… |
| 18-9703 |
Milton Terry Kelton v. United States |
Eighth Circuit |
2019-06-18 |
Denied |
Response WaivedIFP |
base-offense-level criminal-procedure due-process ex-post-facto federal-rules federal-rules-of-criminal-procedure plain-error sentencing-enhancement sentencing-guidelines |
Whether the Honorable Judge Brian C. Wimes and the U.S. Attorney James Bohling utilized two inapplicable statutory enhancements enacted after the offe… |
| 18-9712 |
Noe Juarez v. United States |
Fifth Circuit |
2019-06-18 |
Denied |
Response WaivedIFP |
conspiracy conspiracy-law criminal-procedure deliberate-ignorance due-process evidence evidence-404(b) evidence-rule-404b jury-instructions new-trial propensity propensity-evidence prosecutorial-misconduct |
What is the proper framework for determining whether a prosecutor's improper propensity-based arguments related to 404(b) evidence warrant a new trial… |
| 18-9715 |
Johnny Curtis Bedgood v. United States |
Eleventh Circuit |
2019-06-18 |
Denied |
Response WaivedRelisted (2)IFP |
criminal-procedure critical-stage evidentiary-hearing fourth-amendment ineffective-assistance ineffective-assistance-of-counsel plea-bargaining pre-trial-counsel section-2255 sentencing sentencing-enhancements |
whether-the-us-district-court-abused-its-discretion |
| 18A1320 |
Adnan Syed v. Maryland |
Maryland |
2019-06-18 |
Presumed Complete |
|
alibi-evidence constitutional-rights criminal-procedure ineffective-assistance sixth-amendment trial-counsel |
Whether a criminal defendant's Sixth Amendment right to effective assistance of counsel was violated by trial counsel's failure to investigate and pre… |
| 18-9655 |
Sylvester Ekwunife v. City of Philadelphia, Pennsylvania, et al. |
Third Circuit |
2019-06-17 |
Denied |
Response WaivedRelisted (2)IFP |
4th-amendment affidavit affidavit-accuracy civil-rights constitutional-procedure criminal-procedure detective-misconduct fourth-amendment groh-v-ramirez probable-cause warrant warrant-preparation |
Whether the dictates of Groh v. Ramirez were violated when the Detective in this case did not have all the correct facts when preparing a probable cau… |
| 18-9656 |
In Re Lexter K. Kossie |
|
2019-06-17 |
Denied |
IFP |
character-evidence character-witness constitutional-performance criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mitigating-evidence mitigation right-to-testify sentencing sentencing-phase |
Can a trial counsel render constitutionally performance and not prejudice the defense |
| 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? |
| 18-9658 |
Eric Daniel Doyle v. United States |
Ninth Circuit |
2019-06-17 |
Denied |
Response WaivedIFP |
criminal-procedure due-process federal-sentencing grouping guidelines judicial-discretion legal-calculation procedural-error sentencing sentencing-guidelines statutory-maximum total-punishment |
Whether due process requires the correct calculation of Doyle's Guidelines sentencing range |
| 18-9686 |
Bobby Bordelon v. Texas |
Texas |
2019-06-17 |
Denied |
Response WaivedIFP |
appellate-conflict constitutional-issue criminal-procedure double-jeopardy fifth-amendment habeas-corpus manifest-necessity mistrial mistrial-standard texas-courts |
Whether the Fifth Amendment's double jeopardy clause bars a retrial on one pending count since manifest necessity was not shown for the grant of a mis… |
| 18-9688 |
Emanuel Rivera-Martinez v. Illinois |
Illinois |
2019-06-17 |
Denied |
IFP |
civil-procedure civil-rights criminal-procedure due-process equal-protection fifth-amendment first-amendment habeas-corpus standing |
Whether the petitioner's constitutional rights were violated by the state's actions |
| 18-9691 |
Dwayne Lee Stallings v. United States |
Fourth Circuit |
2019-06-17 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-procedure-rule-32-violations criminal-rule false-statement false-statements federal-rules-of-criminal-procedure obstruction-of-justice plain-error plain-error-analysis sentencing sentencing-enhancement sentencing-guidelines sentencing-procedure standard-of-review structural-error |
Whether the Court's plain error analysis is properly applied to violations of Fed. R. Crim. P. 32(i)(1)(A), and, if so, whether such violations are st… |
| 18-9692 |
Jody Lanardo White v. United States |
Fifth Circuit |
2019-06-17 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
appellate-review criminal-procedure judicial-discretion plain-error preservation-of-error reasonableness-of-sentence sentencing sentencing-guidelines sentencing-reasonableness standard-of-review |
Whether challenges to the reasonableness of a sentence must be preserved by specific objection? |
| 18-9693 |
Kevin Sheppard v. Louisiana |
Louisiana |
2019-06-17 |
GVR |
Response RequestedResponse WaivedRelisted (3)IFP |
constitutional-amendment criminal-procedure due-process fifth-amendment fourteenth-amendment jury-trial jury-unanimity sixth-amendment unanimous-verdict |
Whether Petitioner was constitutionally entitled to a unanimous jury under the Fifth, Sixth, and Fourteenth Amendments to the United States Constituti… |
| 18-9673 |
George Djura Jakubec v. United States |
Ninth Circuit |
2019-06-14 |
Denied |
Response WaivedIFP |
924(c) bank-robbery categorical-approach circuit-split courts-of-appeals criminal-law criminal-procedure federal-bank-robbery hobbs-act legal-definition statutory-interpretation sufficiency-of-the-evidence |
Can the courts of appeals define the crime of federal bank robbery differently for purposes of a sufficiency-of-the-evidence challenge than for a cate… |
| 18-9677 |
Martin Arreola Zavala v. United States |
Eighth Circuit |
2019-06-14 |
Denied |
Response WaivedIFP |
acceptance-of-responsibility contested-cases criminal-procedure drug-quantity due-process evidence evidence-determination federal-courts federal-sentencing legal-sufficiency quantity-determinations sentencing sentencing-guidelines standard-of-review sufficiency-of-evidence |
Whether this court should grant certiorari to address the proper application of law to fact relating to sufficiency of the evidence for quantity deter… |
| 18-9678 |
Binika L. Hankton v. Frederick Boutte, Warden |
Fifth Circuit |
2019-06-14 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process due-process,criminal-procedure,evidence,jackson-v- evidence evidence-sufficiency fifth-amendment fourth-amendment jackson-v-virginia sixth-amendment standard-of-review sufficiency-of-evidence |
Is a conviction constitutionally suspect when the evidence used to convict does not meet the standards of Jackson? |
| 18-9681 |
Tracey Godfrey v. United States District Court for the District of Montana |
Ninth Circuit |
2019-06-14 |
Denied |
IFP |
criminal-procedure double-jeopardy due-process fifth-amendment montana-supreme-court sentencing statutory-interpretation |
Whether the Montana Supreme Court's imposition of a 10-year sentence pursuant to MCA § 46-18-502 violates the Double Jeopardy Clause |
| 18-9616 |
Rocky Riojas-Ordaz v. United States |
Fifth Circuit |
2019-06-13 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction reasonable-doubt sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 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 |
| 18-9652 |
Cedric McDonald v. United States |
Eighth Circuit |
2019-06-13 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel ineffective-counsel jury-selection racial-bias sixth-amendment trial-counsel voir-dire |
Whether trial counsel rendered ineffective counsel in failing to object to district court's use of a video in voir dire, which was designed to get jur… |
| 18-9654 |
Carl Javan Ross v. United States |
Fourth Circuit |
2019-06-13 |
Denied |
Response WaivedIFP |
5th-amendment 6th-amendment civil-rights criminal-procedure cruel-and-unusual-punishment double-jeopardy due-process public-trial public-trial-rights self-incrimination speedy-trial |
Was the petitioner's 6th Amendment right to a speedy trial violated as well as public trial rights? |
| 18-9660 |
William T. Windsor v. Delaware |
Delaware |
2019-06-13 |
Denied |
Relisted (2)IFP |
14th-amendment 5th-amendment civil-rights constitutional-law criminal-procedure due-process evidence newly-discovered-evidence standing |
Did The DeLaroate Stnle Courts, Violate Windsor's Sthandjdth amendments and Duc Proaess Rughts, When *t Red to Consider newly ds dovered evidence onda… |
| 18-9661 |
William Kostopoulos v. United States |
Eleventh Circuit |
2019-06-13 |
Denied |
Response WaivedIFP |
18-usc-1512 criminal-procedure criminal-statute federal-jurisdiction federal-nexus law-enforcement mens-rea misdemeanor obstruction-of-justice statutory-interpretation |
Whether a defendant's general denial to state law enforcement officers that he committed a misdemeanor offense is sufficient to meet the federal nexus… |
| 18-9665 |
Alejandro Hernandez-Delgado v. California |
California |
2019-06-13 |
Denied |
Response RequestedRelisted (2)IFP |
criminal-procedure due-process evidence-code evidentiary-hearing fourteenth-amendment juror-bias juror-misconduct jury-deliberations racial-bias racial-stereotypes sixth-amendment |
What fact-finding procedures are required by the Sixth and Fourteenth Amendments when a defendant makes a threshold showing that a juror relied on rac… |
| 18-9634 |
Destyn David Frederick v. Bryan Collier, Executive Director, Texas Department of Criminal Justice, et al. |
Fifth Circuit |
2019-06-12 |
Denied |
IFP |
appeal certificate-of-appealability constitutional-rights conviction criminal-conviction criminal-procedure cruel-and-unusual-punishment due-process habeas-corpus ineffective-assistance-of-counsel pro-se-challenge right-to-counsel sentencing |
Whether the United States District court and the Fifth Circuit court of appeals have denied Petitioner his rights to challenge the Government convicti… |
| 18-9638 |
Jose Luis Barboza, Jr. v. Texas |
Texas |
2019-06-12 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure double-jeopardy due-process evidence-tampering free-speech gang-membership patent prosecutorial-misconduct sentencing-guidelines standing trial-fairness |
Whether the defendant was improperly called a 'n****r lover' by the victim's attorney, resulting in a violation of due-process, free-speech, civil-rig… |
| 18-9641 |
Clifford Brigham v. United States |
Ninth Circuit |
2019-06-12 |
Denied |
Response WaivedIFP |
appeal appellate-review criminal-law criminal-procedure due-process sentencing sentencing-guidelines statutory-maximum substantive-reasonableness |
Whether imposition of the statutory maximum, 60-month term was substantively unreasonable |
| 18-9642 |
Jeffrey Benton v. United States |
Second Circuit |
2019-06-12 |
Denied |
Response WaivedIFP |
appeal class-v-united-states criminal-procedure direct-appeal double-jeopardy face-of-the-record guilty-plea indictment united-states-v-broce waiver-of-rights |
Whether a defendant who enters an unconditional guilty plea and waives appeal can raise a double-jeopardy argument on direct appeal |
| 18-9644 |
Jeffrey Castleberry v. Florida |
Florida |
2019-06-12 |
Denied |
Response WaivedIFP |
ada americans-with-disabilities-act civil-rights constitutional-rights criminal-procedure cruel-and-unusual-punishment due-process judicial-discretion mental-disabilities mental-disability reasonable-accommodations retroactive-application sentencing state-courts |
Does the Americans with Disabilities Act (ADA) require State trial courts to make reasonable accommodations for persons with mental disabilities? |
| 18-9598 |
James W. Guy v. Ohio |
Ohio |
2019-06-11 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure due-process fifth-amendment first-amendment fourteenth-amendment free-speech jury-bias jury-selection prejudice religion religious-discrimination religious-freedom sixth-amendment |
Did the trial court violate a Muslim defendant's Constitutional Rights under the First, Fifth and Fourteenth Amendments to the United States Constitut… |
| 18-9602 |
Colby L. Simmons v. United States |
Fourth Circuit |
2019-06-11 |
Denied |
Response WaivedIFP |
admissibility-of-evidence criminal-procedure custodial-interrogation due-process evidence evidence-admission fifth-amendment miranda-rights miranda-v-arizona self-incrimination |
Did the district court violate petitioner's Fifth Amendment right as set forth in Miranda v. Arizona, 384 U.S. 436, 86 S.Ct 1602, 16 L. Ed. 2d 694 (19… |
| 18-9603 |
Michael Anthony Steel v. Arizona |
Arizona |
2019-06-11 |
Denied |
Response WaivedIFP |
6th-amendment arizona-constitution civil-rights criminal-procedure due-process speedy-trial state-v-vasko state-vs-federal-law |
Whether the court abused its discretion in denying the appellant's motion for a speedy trial under the 6th Amendment and Article 2, Section 24 of the … |
| 18-9604 |
Reitilly Fuentes Ramos v. United States |
Eleventh Circuit |
2019-06-11 |
Denied |
Response WaivedIFP |
controlled-substance criminal-procedure dangerous-weapon enhancement pellet-gun sentencing-guidelines ussg-2d1.1 |
Whether the District Court calculated Mr. Fuentes-Ramos's Sentencing Guidelines when it applied a two-level enhancement pursuant to USSG §2D1.1(b)(1) … |
| 18-9605 |
Don Ferguson v. Florida |
Florida |
2019-06-11 |
Denied |
IFP |
7th-amendment compelled-speech content-neutrality criminal-procedure due-process equal-protection fair-trial first-amendment free-speech government-regulation jury-instructions private-entities |
Whether the First Amendment prohibits the government from requiring private entities to host speech they disagree with |
| 18-9606 |
Curtis Wayne Givens v. Virginia |
Virginia |
2019-06-11 |
Denied |
IFP |
4th-amendment Arrest criminal-procedure due-process evidence-seizure Fifth-Amendment Jury-Selection motion-to-suppress probable-cause search-and-seizure standing Voir-Dire witness-examination |
Whether the trial court properly overruled the Petitioner's motion to suppress evidence seized without probable cause |
| 18-9608 |
Trinidad Jesus Garcia v. United States |
Eighth Circuit |
2019-06-11 |
Denied |
Response WaivedIFP |
appeals appellate-review circuit-split criminal-procedure drug-quantity due-process judicial-interpretation plain-error procedural-error sentencing standard-of-review |
Does the Eighth Circuit Court of Appeals decision conflict with decisions of the Supreme Court and was the decision incorrect when it stated that Garc… |
| 18-9612 |
Gregory Rayford v. Illinois |
Illinois |
2019-06-11 |
Denied |
Response WaivedIFP |
appeal civil-rights criminal-procedure due-process evidence exclusionary-rule probable-cause search-and-seizure sentencing |
Whether the Illinois state court erred in denying the petitioner's motion to suppress evidence obtained in violation of the Fourth Amendment |
| 18-9627 |
Jeffrey Dean Tucker v. United States |
Fourth Circuit |
2019-06-11 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure due-process evidence evidence-admissibility jurisdiction standing witness-testimony |
Whether due process was violated in convicting a North Carolina state citizen pursuant to general jurisdiction? |
| 18-9630 |
Michael Mancil Brown v. United States |
Sixth Circuit |
2019-06-11 |
Denied |
Response WaivedIFP |
6th-amendment 6th-amendment,effective-counsel,mistrial,closing-a closing-arguments constitutional-violation criminal-procedure due-process effective-counsel mistrial sixth-amendment trial trial-rights |
Was the Petitioner's 6th Amendment Rights to effective counsel violated when Petitioner's Attorney refused a mistrial offer by the Court without consu… |
| 18A1297 |
Joshua Wayne Riley v. United States |
Fourth Circuit |
2019-06-11 |
Presumed Complete |
|
constitutional-protections criminal-procedure exclusionary-rule parole-revocation sixth-amendment supervised-release |
Whether supervised release revocation proceedings require full criminal procedural protections under the Sixth Amendment and the exclusionary rule |
| 18-9594 |
Brian L. Davis v. 7-Eleven, Inc. |
Fourth Circuit |
2019-06-10 |
Denied |
IFP |
civil-procedure civil-rights criminal-procedure due-process equal-protection jury jury-trial standing |
How can a jury not determine if a defendant is guilty of a crime and still deny due process? |
| 18-9597 |
Jose Berrum, Jr. v. United States |
Fifth Circuit |
2019-06-10 |
Denied |
Response WaivedIFP |
appellate-review certificate-of-appealability criminal-procedure district-court fifth-circuit habeas-corpus ineffective-assistance ineffective-assistance-of-counsel strickland-standard strickland-v-washington |
May This Court Grant Certificate Of Appealability Or Overturn Conviction Where The Fifth Circuit Court Of Appeals Sanctioned District Court's Misappli… |
| 18-9600 |
Patricia Diane Smith Sledge v. United States |
Ninth Circuit |
2019-06-10 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure district-court due-process evidence-rules evidentiary-ruling federal-rules-of-evidence procedural-error sufficiency-of-evidence summary-evidence witness-tampering |
Did the district court prejudicially err when admitting Exhibit 1 as a summary pursuant to Fed Rules of Evidence, rule 1006? |
| 18-9601 |
Lawrence J. Strickland v. United States |
Eighth Circuit |
2019-06-10 |
Denied |
Response WaivedIFP |
armed-career-criminal criminal-procedure due-process fifth-amendment predicate-offenses prior-convictions sentencing sixth-amendment |
Does it violate the Fifth Amendment Due Process Clause and the Sixth Amendment for the district court to make a finding that two 'armed career crimina… |
| 18-1528 |
Jake Paul Heiney v. Ohio |
Ohio |
2019-06-10 |
Denied |
Response Waived |
criminal-conviction criminal-procedure due-process harmless-error harmless-error-analysis jury-finding-of-guilt jury-instruction jury-instructions reasonable-doubt structural-error sullivan-v-louisiana winship |
Improper-jury-instruction-on-element-of-offense |
| 18-9526 |
Jimcy McGirt v. Oklahoma |
Oklahoma |
2019-06-07 |
Judgment Issued |
Amici (13)Response RequestedRelisted (11)IFP |
criminal-jurisdiction criminal-procedure federal-jurisdiction habeas-corpus indian-country indian-major-crimes-act major-crimes-act state-jurisdiction state-law |
Whether Oklahoma courts can continue to unlawfully exercise criminal jurisdiction over Indians accused of major crimes in Indian Country |
| 18-9578 |
James Jacob Parrish, Jr. v. United States |
Fourth Circuit |
2019-06-07 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-sentencing due-process firearm-enhancement ineffective-assistance-of-counsel prior-conviction procedural-reasonableness sentencing sentencing-departure sentencing-guidelines sentencing-procedure sentencing-reasonableness sentencing-variance sixth-amendment substantive-reasonableness |
Whether Parrish's sentence was procedurally and substantively unreasonable |
| 18-9581 |
Marcus Arenell Evans v. United States |
Fifth Circuit |
2019-06-07 |
Denied |
Response WaivedIFP |
appeal-waiver appellate-rights booker booker-remedy booker-v-us constitutional-challenge constitutional-law criminal-procedure guidelines-interpretation plea-agreement plea-bargaining public-policy sentence-appeal-waiver sentencing sentencing-enhancement sentencing-guidelines-interpretation |
Does a sentence-appeal waiver frustrate the remedy fashioned by this Court in U.S. v. Booker, thereby rendering the waiver unconstitutional or void as… |
| 18-9589 |
Nicholas Bradley Gilbert v. United States |
Fifth Circuit |
2019-06-07 |
GVR |
IFP |
appellate-review criminal-penalties criminal-procedure criminal-procedure-sentencing district-court district-court-discretion felon-possession interstate-commerce sentencing sentencing-factors sentencing-guidelines sentencing-review substantive-reasonableness |
Whether substantive reasonableness review requires or permits the courts of appeals to 'substantively second guess' the district court and/or to 'rewe… |
| 18-9590 |
Stephen Mayer v. United States |
Eleventh Circuit |
2019-06-07 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-procedure-33-b-1 criminal-procedure-33-b-2 federal-rules federal-rules-of-criminal-procedure giglio giglio-violations napue napue-violations new-evidence post-conviction-relief prosecutorial-misconduct |
Whether evidence of Giglio/Napue violations can be utilized as new evidence under Federal Rules of Criminal Procedure 33(b)(1) or if it is limited to … |
| 18-9591 |
Brandon Wayne Taylor v. Texas |
Texas |
2019-06-07 |
Denied |
IFP |
brady-violation civil-rights constitutional-procedure criminal-procedure due-process evidence full-faith-and-credit full-faith-credit interstate-evidence standing state-law-conflict texas-law |
When evidence is illegally obtained in violation of California laws can Texas legally benefit from this illegal act by allowing this evidence in a Tex… |
| 18-9515 |
Brandon Christopher Pierre v. United States |
Fifth Circuit |
2019-06-06 |
Denied |
Response WaivedIFP |
civil-rights color-of-law constitutional-rights conviction-and-sentencing criminal-procedure due-process false-arrest false-imprisonment federal-jurisdiction malicious-prosecution probable-cause |
Under what circumstances can a federal court falsely and wrongfully indict, arrest, imprison, convict, and sentence an individual under the 'color of … |
| 18-9562 |
Shawn Michael Simms v. Mark Garman, Superintendent, State Correctional Institution at Rockview, et al. |
Third Circuit |
2019-06-06 |
Denied |
IFP |
criminal-procedure due-process illegal-sentence pennsylvania-courts post-conviction-relief post-conviction-relief-act sentencing sentencing-review statutory-interpretation void-ab-initio |
Did the Pennsylvania Courts err in denying the instant Post Conviction Relief Act Petition for failing to recognize that the P.C.R.A. statute, 42 Pa.C… |
| 18-9563 |
Cody Shane Sorrels v. United States |
Fifth Circuit |
2019-06-06 |
Denied |
Response WaivedIFP |
18-usc-3553 criminal-procedure due-process federal-courts federal-sentencing judicial-discretion jury-trial sentencing sentencing-determination sentencing-guidelines sentencing-guidelines-18-usc-3553 statutory-interpretation statutory-minimum |
Whether district courts may determine without the aid of a jury that a sentence above the statutory minimum is 'not greater than necessary' to achieve… |
| 18-9567 |
Daniel De Leon v. United States |
Fifth Circuit |
2019-06-06 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
criminal-procedure cross-examination due-process indictment jury-trial reasonable-doubt supervised-release |
Whether violations of supervised release require proof to a jury beyond a reasonable doubt |
| 18-9571 |
Willie Carl Jones v. Darrel Vannoy, Warden |
Fifth Circuit |
2019-06-06 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
4th-amendment civil-rights constitutional-rights criminal-procedure due-process evidence false-testimony fourteenth-amendment juror-influence search-and-seizure |
Whether the denial of petitioner's motion to suppress bullets conflicts with relevant decisions of this Court in violation of petitioner's Fourteenth … |
| 18-9572 |
William Paul Cox, Jr. v. United States |
Ninth Circuit |
2019-06-06 |
Denied |
Response WaivedIFP |
18-usc-922(g)(1) 18-usc-922g county-jail criminal-evidence criminal-procedure felon-in-possession guilty-plea jail-phone-calls stored-communications-act suppression-of-evidence suppression-of-phone-calls |
Whether petitioner had an enforceable claim under the Stored Communications Act |
| 18-9573 |
Ernesto Betancourt-Carrillo v. United States |
Fifth Circuit |
2019-06-06 |
Denied |
Response WaivedIFP |
criminal-procedure due-process indictment jury-trial prior-conviction prior-convictions sentencing statutory-maximum |
Whether all facts - including the fact of a prior conviction - that increase a defendant's statutory maximum must be pleaded in the indictment and eit… |
| 18-9575 |
In Re Phillip Love |
|
2019-06-06 |
Denied |
IFP |
commerce-clause constitutional-law criminal-law criminal-procedure due-process federal-jurisdiction federal-power federalism interstate-commerce jurisdiction necessary-and-proper-clause statutory-interpretation |
Can the federal government punish felonious crimes under the constitutional Interstate Commerce Clause within the 50 compact states of the Union? |
| 18-9513 |
Rhonda Reid v. Walter Donnelly, et al. |
Eleventh Circuit |
2019-06-05 |
Denied |
Response WaivedIFP |
access-to-courts civil-rights criminal-procedure due-process equal-protection racial-discrimination sentencing standing |
Why did the trial judge, Meares, decide on my case under OCGA 16-11-37(b), why didn't he provide me a hearing, why did he fail to allow me to present … |
| 18-9516 |
Starquineshia Palmer v. Florida |
Florida |
2019-06-05 |
Rehearing |
Response WaivedRelisted (2)IFP |
12-person-jury 6-person-jury constitutional-rights criminal-procedure criminal-trial due-process jury-size sixth-amendment trial-by-jury williams-v-florida |
Was Petitioner denied her right to a trial by jury as contemplated by the Sixth Amendment |
| 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 |
| 18-9557 |
Charles C. Brewington v. Oklahoma |
Oklahoma |
2019-06-05 |
Denied |
Relisted (2)IFP |
civil-rights constitutional-rights constitutional-violation criminal-procedure custody due-process habeas-corpus ineffective-assistance judicial-misconduct legal-standard sixth-amendment standing wrongful-conviction |
Whether the petitioner's due process rights were violated by the state court proceedings |
| 18-9558 |
Oladimeji Ayelotan v. United States |
Fifth Circuit |
2019-06-05 |
Denied |
Response WaivedIFP |
8th-amendment conspiracy constitutional-rights criminal-procedure due-process eighth-amendment jury-selection sentencing shackling |
Whether the United States Court of Appeals for the Fifth Circuit erred |
| 18-9559 |
Aracelis N. Ayala v. United States |
Third Circuit |
2019-06-05 |
Denied |
Response WaivedIFP |
article-iii-judges civil-rights criminal-defendants criminal-procedure district-court due-process fifth-amendment individualized-determination judicial-tenure presumption revised-organic-act shackling shackling-policy virgin-islands-court |
whether a blanket policy of shackling criminal defendants without an individualized determination of need violates due process? |
| 18-9529 |
Anibal Del Valle-Hiraldo v. United States |
First Circuit |
2019-06-04 |
Denied |
Response WaivedIFP |
5th-amendment 6th-amendment aiding-and-abetting criminal-procedure due-process fifth-amendment ineffective-assistance ineffective-assistance-of-counsel plea-bargaining rosemond-v-united-states sixth-amendment |
Whether an attorney's advice to a defendant to plead guilty to aiding and abetting the carry, use and possession of a firearm in furtherance of a crim… |
| 18-9536 |
Shawn J. Gieswein v. United States |
Tenth Circuit |
2019-06-04 |
Denied |
Response WaivedIFP |
certificate-of-appealability crime-of-violence criminal-procedure ineffective-assistance ineffective-assistance-of-counsel resentencing second-amendment sentencing-guidelines upward-variance witness-tampering |
Whether the United States Court of Appeals for the Tenth Circuit erroneously denied Certificate of Appealability |
| 18-9543 |
Lonnie Haney v. Shane Jackson, Warden |
Sixth Circuit |
2019-06-04 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel Lafler-v-Cooper plea-bargaining plea-offer right-to-counsel time-constraints |
Are the lower court rulings in direct conflict with the spirit of this Court's holding in Lafler v. Cooper? |
| 18-9546 |
Everett Charles Wills, II v. Darrel Vannoy, Warden |
Fifth Circuit |
2019-06-04 |
Denied |
Response RequestedResponse WaivedRelisted (3)IFP |
collateral-review criminal-justice criminal-procedure danforth-v-minnesota federal-law greene-v-fisher mccoy-v-louisiana montgomery-v-louisiana post-conviction-proceedings postconviction-review retroactive-application retroactivity retroactivity-of-new-rules teague-rule teague-v-lane watershed-rule |
Whether States must apply a 'watershed rule' under Teague v. Lane in post-conviction proceedings |
| 18-9510 |
Rasaq Aderoju Raheem v. United States |
Fifth Circuit |
2019-06-03 |
Denied |
Response WaivedIFP |
appeal appellate-procedure conviction criminal-procedure defendant-conviction due-process equal-protection federal-jurisdiction fifth-circuit jurisdiction legal-review standard-of-review sufficiency-of-evidence |
Whether the Fifth Circuit erred by affirming Defendant's Raheem conviction |
| 18-9517 |
Kenneth R. Isom v. Arkansas |
Arkansas |
2019-06-03 |
Denied |
Relisted (7)IFP |
adversarial-history bias coram-nobis criminal-procedure due-process judicial-impartiality judicial-recusal prosecutorial-bias prosecutorial-misconduct recusal trial-procedure |
Whether Pope and Isom's significant adversarial history created an unconstitutional risk of bias under the due process clause when Pope later sat as t… |
| 18-9519 |
Michael Wesley v. New York |
New York |
2019-06-03 |
Denied |
IFP |
alvarez-v-united-states constitutional-rights criminal-procedure due-process due-process-clause equal-protection fair-trial fifth-amendment fourteenth-amendment government-witness-perjury griffin-v-united-states petitioner's right to have newly-discovered-eviden sixth-amendment united-states-v-biberfeld washington-v-texas witness witness-perjury |
Does a petitioner have a right to have a witness in their favor protected by the Due Process Clause and the Fifth, Sixth, and Fourteenth Amendments? |
| 18-9520 |
Alan Bartlett v. Susanna Pineda, Judge, Superior Court of Arizona, Maricopa County, et al. |
Arizona |
2019-06-03 |
Dismissed |
IFP |
constitutional-rights criminal-procedure electronic-surveillance fourteenth-amendment-due-process fourth-amendment fourth-amendment-search-and-seizure legislative-authority search-and-seizure state-constitution statutory-interpretation unlawful-search warrantless-search |
Whether in light of Bollinger v. New Hampshire, 390 U.S. 1020, the Arizona based conviction of petitioner violates his Fourth Amendment rights where t… |
| 18-9527 |
Thomas Branagan v. Isidro Baca, Warden, et al. |
Ninth Circuit |
2019-06-03 |
Denied |
Response WaivedIFP |
child-victim civil-rights criminal-procedure due-process evidence evidentiary-issues ineffective-assistance-of-counsel prosecutorial-misconduct sexual-assault standing testimony-inconsistency witness-credibility witness-testimony |
Whether the defendant's constitutional rights were violated due to ineffective assistance of counsel and prosecutorial misconduct |
| 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… |
| 18-1506 |
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… |
| 18-1494 |
Michael Steven Beeman v. United States |
Fourth Circuit |
2019-05-31 |
Denied |
Response Waived |
counsel-performance criminal-procedure fourth-amendment guilty-plea ineffective-assistance ineffective-assistance-of-counsel motion-to-suppress plea-bargaining pre-trial-motion pre-trial-motions prejudice reasonable-counsel reasonable-performance |
Whether jurists of reason could debate that a district court must evaluate the merits of a potential motion to suppress where the defendant pled guilt… |
| 18-9451 |
Denzel Pittman v. Illinois |
Illinois |
2019-05-31 |
Denied |
Response WaivedIFP |
appellate-review civil-rights criminal-case criminal-procedure due-process illinois-law judicial-mandate juvenile-justice mental-health petition-for-leave-to-appeal second-amendment self-regulation standing supreme-court takings |
Whether the Second Amendment to the United States Constitution protects an individual's right to possess firearms for self-defense outside the home |
| 18-9493 |
Jose Santillan v. United States |
Fifth Circuit |
2019-05-31 |
Denied |
Response WaivedIFP |
burden-of-proof circuit-split criminal-procedure due-process judicial-interpretation presentence-report sentencing sentencing-guidelines |
Whether factual findings in a Presentence Report must be proven by the government or disproven by the defendant |
| 18-9497 |
Lloyd E. Austin, IV v. Bridgitte Amsberry |
Ninth Circuit |
2019-05-31 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure due-process evidence ineffective-assistance-of-counsel mental-competency plea-bargaining post-conviction-relief prosecutorial-misconduct sentencing |
Why would the petitioner accept a plea agreement to the worst case scenario without being of sound mind? |
| 18-9502 |
Christian Vazquez Capistran v. United States |
Fifth Circuit |
2019-05-31 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 18-9504 |
Rahmat Jevon Barrett v. Harold W. Clarke, Director, Virginia Department of Corrections |
Virginia |
2019-05-31 |
Denied |
Response WaivedIFP |
constitutional-protection criminal-procedure due-process exculpatory-evidence fair-trial habeas-corpus ineffective-assistance-of-counsel ineffective-assistance-of-counsel,due-process,sixt post-conviction-relief |
To what extent does the Constitution prohibit conviction and punishment of an accused whereby trial counsel failed to raise exculpatory evidence durin… |
| 18-9505 |
Antonio Parra Perez v. Texas |
Texas |
2019-05-31 |
Denied |
IFP |
character-evidence criminal-procedure due-process prior-bad-acts propensity-evidence sex-crimes unconstitutional-as-applied unfair-prejudice |
Is Texas Code of Criminal Procedure Article 38.37 §2 unconstitutional? |
| 18-9506 |
Kenyon Raheen Gadsden v. United States |
Fourth Circuit |
2019-05-31 |
Denied |
Response WaivedRelisted (2)IFP |
28-usc-2255 career-offender constitutional-vagueness criminal-procedure due-process johnson-ruling johnson-v-united-states mandatory-guidelines residual-clause section-2255 sentencing sentencing-guidelines vagueness |
Whether a motion under 28 U.S.C. § 2255 is timely under 28 U.S.C. § 2255(f)(3) when it claims that Johnson v. United States invalidates the residual c… |
| 18-9461 |
Antonio Tillmon v. United States |
Fourth Circuit |
2019-05-30 |
Denied |
Response WaivedIFP |
conviction criminal-evidence criminal-procedure drug-distribution due-process evidence fourth-amendment fourth-circuit-review insufficient-evidence judicial-review right-to-a-fair-trial sufficiency-of-evidence undercover-agent undercover-operations |
Whether the Fourth Circuit erred in affirming Mr. Tillmon's convictions on certain counts |
| 18-9474 |
Irving Madden v. Michael Melvin, Warden |
Seventh Circuit |
2019-05-30 |
Denied |
Response WaivedIFP |
6th-amendment appellate-review constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel jury-instructions self-defense sixth-amendment strickland-standard |
Whether the Seventh Circuit Court of Appeals decision is consistent with Strickland v. Washington |
| 18-9477 |
Arnold Roberts v. DuPage County Circuit Court |
Illinois |
2019-05-30 |
Denied |
IFP |
14th-amendment constitutional-law constitutional-rights criminal-procedure dna-evidence due-process exculpatory-evidence fourteenth-amendment innocence state-attorney |
Was the Petitioner's Due Process Rights violated under the United States Constitutional 14th Amendment? |
| 18-9478 |
David Rothenberg v. Florida |
Florida |
2019-05-30 |
Denied |
Response WaivedIFP |
affidavit constitutional-rights criminal-procedure double-jeopardy due-process mens-rea plea-bargaining probable-cause probable-cause-affidavit probation prosecutorial-misconduct |
Is the use by the prosecutor of a 'probable cause affidavit' containing averments contradictory to the alleged victim's own sworn statement to charge … |
| 18-9483 |
Brian Alford v. Dwight Neven, Warden, et al. |
Ninth Circuit |
2019-05-30 |
Denied |
IFP |
burglary burglary-allegation constitutional-law criminal-law criminal-procedure due-process felony-murder legal-sufficiency probable-cause prosecution-standard sufficiency-of-evidence |
Whether it is permissible for a state criminal court to predicate felony murder liability on an allegation of burglary that lacks sufficient bases in … |
| 18-9484 |
Paris Taylor v. Illinois |
Illinois |
2019-05-30 |
Denied |
IFP |
constitutional-rights criminal-procedure double-jeopardy due-process fifth-amendment fourteenth-amendment state-constitution trial-court |
Whether Petitioner was denied his constitutional rights to due process of law guaranteed by the Fifth and Fourteenth Amendments of the United States C… |
| 18-9487 |
Willie Lee Johnson v. Brad Cain, Superintendent, Snake River Correctional Institution |
Ninth Circuit |
2019-05-30 |
Denied |
Response WaivedIFP |
burden-of-proof civil-rights constitutional-rights criminal-procedure double-jeopardy due-process effective-assistance-of-counsel judicial-interpretation jury-selection legal-ethics oregon-state-bar presumption-of-innocence |
Whether the Oregon State Bar and the Oregon Supreme Court's Chief Justice's approved adoption of the American Bar Association's Model Rules of Profess… |
| 18-9491 |
William A. Trudeau, Jr. v. United States |
Second Circuit |
2019-05-30 |
Denied |
Response WaivedRelisted (2)IFP |
acquitted-conduct article-iii constitutional-rights criminal-procedure due-process further-review procedural-default sentencing |
Whether petitioner raised substantial showing of denial of constitutional right |
| 18A1243 |
Douglas Prade v. Ohio |
Ohio |
2019-05-30 |
Presumed Complete |
|
criminal-procedure dna-evidence double-jeopardy ohio-supreme-court post-conviction retrial |
Whether the Double Jeopardy Clause bars retrial of a criminal defendant after a prior conviction was vacated based on newly discovered DNA evidence |
| 18-9435 |
Steven Jacob Seibert v. Antoine Caldwell, Warden |
Georgia |
2019-05-29 |
Dismissed |
Response WaivedIFP |
civil-rights criminal-procedure due-process free-speech habeas-corpus ineffective-counsel interstate-communication jurisdiction jurisdiction-challenge restraining-order retroactivity. stalking-statute standing |
Whether the petitioner's conviction for aggravated stalking was unconstitutional due to lack of jurisdiction, ineffective assistance of counsel, and r… |
| 18-9459 |
Trinidad Nanez-Rivera v. United States |
Tenth Circuit |
2019-05-29 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure criminal-sentencing due-process federal-common-law mitigating-circumstances sentencing sentencing-guidelines sentencing-review substantive-reasonableness tenth-circuit within-guideline-sentences within-range-sentence |
Have the length of within-guideline sentences become effectively unreviewable in practice, and is Mr. Nanez-Rivera's sentence near the top of the rang… |
| 18-9463 |
Michael Joseph Brooks, Jr. v. Louisiana |
Louisiana |
2019-05-29 |
GVR |
Response RequestedResponse WaivedRelisted (3)IFP |
constitutional-amendments criminal-procedure due-process fifth-amendment fourteenth-amendment jury-trial jury-unanimity sixth-amendment unanimous-verdict |
Whether Petitioner was constitutionally entitled to a unanimous jury under the Fifth, Sixth, and Fourteenth Amendments to the United States Constituti… |
| 18-9471 |
Joseph John Viola v. Arizona |
Arizona |
2019-05-29 |
Denied |
IFP |
appellate-review collateral-review constitutional-law constitutional-rights criminal-procedure due-process ex-post-facto jurisdiction retroactivity self-representation state-supreme-court |
Whether the order promulgating the 1992 amendments to Rule 32 constituted violations of guarantees against ex post facto law and due process under the… |
| 18A1234 |
Jackie Duncan v. United States |
Tenth Circuit |
2019-05-29 |
Presumed Complete |
|
criminal-procedure evidence-rule fourth-amendment prior-bad-acts right-to-fair-trial sixth-amendment |
Whether the admission of prior bad act evidence of a shooting, over a defendant's Rule 404(b) objection, constituted reversible error that violated th… |
| 18-1488 |
John S. Cammalleri v. Florida |
Florida |
2019-05-29 |
Denied |
Response Waived |
confession confession-involuntariness criminal-procedure due-process fifth-amendment fourteenth-amendment involuntary involuntary-confession law-enforcement leniency |
Whether a 'specific' and 'direct' promise of leniency by a law enforcement official renders a defendant's confession involuntary pursuant to the Fifth… |
| 18-1491 |
Kaitlyn Nguyen v. United States |
Ninth Circuit |
2019-05-29 |
Denied |
Response Waived |
5th-amendment constitutional-rights criminal-procedure due-process evidence evidence-admissibility evidence-admission fifth-amendment inflammatory-evidence medical-clinic patient-deaths prejudicial-evidence prosecutorial-misconduct |
Whether petitioner's right to due process of law under the 5th Amendment, U.S. Constitution was violated by the prosecution's introduction of highly i… |
| 18-1476 |
Randy Lee Carney v. United States |
Fourth Circuit |
2019-05-28 |
Denied |
Response Waived |
alternative-sentence alternative-sentencing appellate-review career-offender circuit-split collateral-consequences criminal-procedure criminal-sentencing district-court-discretion guidelines harmless-error judicial-discretion judicial-error legal-error sentencing sentencing-guidelines sentencing-guidelines-error united-states-v-vonn |
When sentencing defendants, some district courts announce that they would impose the same length of imprisonment even if their conclusions of law and … |
| 18-9427 |
Willie Anthony Saxby, Jr. v. United States |
Fourth Circuit |
2019-05-28 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure criminal-prosecution dual-sovereignty due-process fair-notice federal-jurisdiction federal-state-jurisdiction pending-charges state-jurisdiction supervised-release |
Did the Federal Government violate the 'Doctrines of Dual Sovergeinship' which exist between Federal and State jurisdictions for prosecuting an 'alleg… |
| 18-9431 |
William Maurice Smith v. United States |
Ninth Circuit |
2019-05-28 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
criminal-justice-reform criminal-procedure criminal-procedure-retroactivity,sentencing-reform drug-distribution due-process first-step-act griffith-v-kentucky ninth-circuit ninth-circuit-review resentencing retroactive-application retroactivity sentencing sentencing-reform statutory-interpretation |
Does Griffith v. Kentucky, 479 U.S. 314, (1987) apply to First Step Act of 2018? |
| 18-9437 |
In Re Steven Weste |
|
2019-05-28 |
Denied |
IFP |
carpenter-v-united-states cell-site-location-information criminal-procedure exigent-circumstances fourth-amendment fourth-amendment-privacy government-subpoena privacy-rights subpoena warrant-requirement |
Does the government's use of a pretrial subpoena to obtain a defendant's historical cell-site location information (CSLI) from a wireless carrier viol… |
| 18-9442 |
Donald Loston v. Darrel Vannoy, Warden |
Fifth Circuit |
2019-05-28 |
Denied |
Response WaivedIFP |
6th-amendment counsel-of-choice criminal-procedure due-process ineffective-assistance judicial-efficiency judicial-integrity reversible-error right-to-counsel sixth-amendment state-trial-court trial-court-discretion |
Whether a state trial court denial of counsel of choice is reversible error when no threat against the interest of judicial integrity and efficiency w… |
| 18-9445 |
Volvick Vassor v. Florida |
Florida |
2019-05-28 |
Denied |
Response WaivedIFP |
alternate-theories constitutional-rights criminal-conviction criminal-procedure due-process equal-protection griffin-v-united-states jury-instructions sufficiency-of-evidence yates-v-united-states |
Does the holding in Griffin v United States allow a conviction based on alternate theories of offense when only one theory is supported by the evidenc… |
| 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 |
| 18-9447 |
QuintIn Irving Brown v. Virginia |
Virginia |
2019-05-28 |
Denied |
Relisted (2)IFP |
appeal conviction criminal-conviction criminal-procedure due-process judicial-boundaries jurisdiction jurisdictional-overreach procedural-error reversal state-law territorial-jurisdiction venue |
When a conviction occurs in any state of the United States where a county's jurisdiction occurs over 2,200 yards beyond its 300-yard permissible juris… |
| 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… |
| 18-9422 |
Davaus L. McCown v. United States |
Eleventh Circuit |
2019-05-24 |
Denied |
Response WaivedIFP |
4th-amendment controlled-buys criminal-pattern criminal-procedure drug-crimes drug-enterprise drug-sales fourth-amendment ongoing-activity ongoing-criminal-activity probable-cause probable-cause-search search-and-seizure search-warrant stale-information |
Whether two police-orchestrated, controlled buys demonstrate an ongoing pattern of drug sales sufficient to support probable cause for an otherwise-st… |
| 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… |
| 18-9430 |
Bobby Ray Turner v. Texas |
Texas |
2019-05-24 |
Denied |
IFP |
conviction criminal-procedure due-process equal-protection judicial-bias judicial-misconduct sentencing standards-of-review |
Whether a state judge's personal conviction from personal experience is legally sufficient to set aside a felony conviction |
| 18-9385 |
Cargil Nicholson v. Rollin Cook, Commissioner, Connecticut Department of Correction |
Connecticut |
2019-05-23 |
Denied |
IFP |
abuse-of-discretion appellate-review certification-of-appeal criminal-procedure discretionary-review due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel trial-counsel |
Whether the Connecticut Supreme Court erred by denying the petitioner certification to appeal from the Appellate Court? |
| 18-9388 |
In Re Ramsey Randall |
|
2019-05-23 |
Denied |
Relisted (2)IFP |
14th-amendment 4th-amendment 8th-amendment appellate-jurisdiction civil-procedure civil-rights constitutional-provisions criminal-procedure due-process federal-remedy free-speech habeas-corpus judicial-review standing statutory-provisions |
Whether the federal abstention doctrine restricts federal courts from providing relief to state criminal defendants who seek to challenge their convic… |
| 18-9394 |
Ward T. Evans v. Delaware |
Delaware |
2019-05-23 |
Denied |
Response WaivedIFP |
constitutional-challenge constitutionality-of-statute criminal-law criminal-offenses criminal-procedure criminal-statute double-jeopardy due-process in-forma-pauperis indictment indictment-counts statutory-interpretation three-strike-rule three-strikes-law |
Whether Delaware's 11 Del. Crim. C. sec. 773(2) defines three distinct criminal offenses |
| 18-9397 |
Miguel Angel Barron v. Raymond Madden, Warden |
Ninth Circuit |
2019-05-23 |
Denied |
Response WaivedIFP |
burden-of-proof constitutional-law criminal-procedure due-process evidence evidence-suppression fair-trial fourth-amendment jury-instructions probable-cause relevance search-and-seizure self-defense warrantless-search |
Whether a state trial court's jury instruction that reduces the burden of proof or violates a principle of fairness contained in the due process claus… |
| 18-9402 |
David Lester Jackson v. California |
California |
2019-05-23 |
Denied |
IFP |
4th-amendment civil-rights constitutional-rights criminal-procedure fourth-amendment fourth-amendment-rights ineffective-assistance-of-counsel probation probation-search search-and-seizure standing warrant-requirement warrantless-search |
Were-appellates Fourth Amend. rights violated |
| 18-9403 |
In Re Christopher Johnson |
|
2019-05-23 |
Denied |
IFP |
2255-motion 28-usc-2241 922g-offense binding-precedent circuit-precedent commerce-clause criminal-procedure erroneous-precedent federal-prisoner foreclosed-arguments habeas-corpus post-conviction-relief rehaif-v-united-states statutory-interpretation |
Whether a federal prisoner may file a habeas-corpus petition under 28-usc-2241 to raise arguments foreclosed by binding-but-erroneous circuit-preceden… |
| 18-9406 |
Ricky Carlos Grant v. United States |
Fourth Circuit |
2019-05-23 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure due-process evidence expert-testimony standard-of-review telephone-evidence witness-qualification |
Whether the United States Court of Appeals for the Fourth Circuit erred in failing to find that the United States District Court for Western District … |
| 18-9408 |
Freddie J. Hennington v. United States |
Fifth Circuit |
2019-05-23 |
Denied |
Response WaivedIFP |
appeal appellate-procedure appellate-review circuit-court civil-procedure criminal-procedure dismissal due-process federal-jurisdiction judicial-discretion legal-review procedural-error sentencing standing |
Whether the Fifth Circuit erred by dismissing Mr. Hennington's appeal without considering the merits of his arguments |
| 18-9416 |
John O. Williams v. Florida |
Eleventh Circuit |
2019-05-23 |
Denied |
Response WaivedIFP |
constitutional-error constitutional-rights criminal-procedure due-process fundamental-fairness habeas-corpus jury-instruction jury-instructions lesser-included-offense |
Whether the district court judge's order of denial, denying the petitioner's habeas petition and claim, was contrary to or involved an unreasonable ap… |
| 18-9365 |
Jose Antonio Ramirez-Jaramillo v. United States |
Fifth Circuit |
2019-05-22 |
Denied |
Response WaivedIFP |
criminal-procedure federal-rule federal-rules-of-criminal-procedure judicial-discretion plain-error sentencing sentencing-error statutory-interpretation statutory-range substantial-rights |
Whether an error in selecting the defendant's statutory range of imprisonment affects his or her substantial rights within the meaning of Federal Rule… |
| 18-9375 |
Saleem Elamin v. Superior Court of the District of Columbia |
District of Columbia |
2019-05-22 |
Denied |
Response WaivedIFP |
2nd-amendment armed-robbery civil-rights criminal-procedure due-process jurisdiction sentencing statutory-interpretation |
Can the government charge the minimum sentence of 2 years for an agreed offense of carrying a firearm during a robbery? |
| 18-9377 |
John Patrick Donohue v. Virginia |
Virginia |
2019-05-22 |
Denied |
IFP |
civil-rights constitutional-law criminal-procedure due-process equal-protection jurisdiction parole probation sentencing standing |
Whether the Conditional release of an individual violates due process |
| 18-9382 |
Joshua Wofford v. United States |
Tenth Circuit |
2019-05-22 |
Denied |
Response WaivedIFP |
appellate-review chapman-standard chapman-v-california constitutional-error criminal-procedure due-process evidence evidence-construction harmless-error prosecutorial-evidence standard-of-review |
Whether the federal court of appeals failed to effectively apply the Chapman v. California harmless-error standard |
| 18-9361 |
Jordan Alexander Clemons v. Pennsylvania |
Pennsylvania |
2019-05-21 |
Denied |
IFP |
affidavit appellate-procedure civil-rights court-access criminal-procedure cruel-and-unusual-punishment due-process eighth-amendment eighth-amendment-proportionality in-forma-pauperis indigence indigent-status juvenile-offenders juvenile-sentencing legal-representation life-imprisonment pro-bono |
Whether the Pennsylvania Supreme Court erred in rejecting petitioner's claim that his sentence of life imprisonment without parole for a crime committ… |
| 18-9369 |
Wade Travis Webb v. County of Pima, Arizona, et al. |
Ninth Circuit |
2019-05-21 |
Denied |
Relisted (2)IFP |
citizen-rights civil-rights constitutional-violations criminal-procedure due-process government-accountability grand-jury grand-jury-system legal-accountability prosecutorial-misconduct standing |
Whether the grand jury system is inherently flawed by allowing the government to damage citizens without consequences for constitutional violations |
| 18-9370 |
Mark A. Blankenship v. United States |
Ninth Circuit |
2019-05-21 |
Denied |
Response WaivedIFP |
appellate-jurisdiction criminal-procedure district-court district-court-determination fed-r-crim-p-35(b) federal-rules-criminal-procedure federal-rules-of-criminal-procedure judicial-review reduced-sentence sentence-reduction sentencing sentencing-factor sentencing-factors |
Does appellate jurisdiction lie from a district court's determination that a particular sentencing factor is relevant to the imposition of a reduced s… |
| 18-9348 |
Willie Joe Williams v. Stephen Welch, et al. |
Fourth Circuit |
2019-05-20 |
Denied |
Response WaivedIFP |
appeal appeals criminal-procedure due-process habeas-corpus jurisdiction sentencing |
Whether or not the Stote Court And Federol Courhis) error in sending Petitioner to prison after dismissing Crime (sd and Charge ls) |
| 18-9339 |
Anthony Dajuan Yates v. California |
California |
2019-05-20 |
Denied |
IFP |
batson batson-challenge batson-v-kentucky criminal-procedure disparate-impact equal-protection juror-selection jury-selection peremptory-challenge peremptory-challenges race-neutral-explanation racial-profiling |
Does a prosecutor's peremptory challenge of a prospective African-American juror based on the juror's perception of racial profiling by law enforcemen… |
| 18-9347 |
Sherrick A Sims v. Kansas |
Kansas |
2019-05-20 |
Denied |
Response WaivedIFP |
14th-amendment constitutional-law constitutional-violation conviction criminal-procedure due-process evidence fourteenth-amendment judicial-procedure jury limine limine-orders prejudicial-testimony violation |
Was Mc. Sims denied due process of law when the District Court and Kansas Supreme Court upheld a conviction obtained by the State's violation of Three… |
| 18-9278 |
In Re Edmond McClinton |
|
2019-05-17 |
Dismissed |
IFP |
actual-innocence civil-rights constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel lack-of-due-process lack-of-jurisdiction miscarriage-of-justice probable-cause prosecutorial-misconduct |
There was no probable cause for arrest |
| 18-9279 |
Regina M. Preetorius v. United States |
Eleventh Circuit |
2019-05-17 |
Denied |
Response WaivedIFP |
administrative-law civil-procedure civil-rights counsel-performance criminal-procedure due-process federal-jurisdiction ineffective-assistance ineffective-assistance-of-counsel plea-bargaining right-to-counsel sixth-amendment standing strickland-standard strickland-v-washington |
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 |
| 18-9308 |
Clarence Scranage, Jr. v. United States |
Fourth Circuit |
2019-05-17 |
Denied |
Response WaivedRelisted (2)IFP |
5th-amendment 6th-amendment constitutional-rights counsel-waiver criminal-procedure due-process fifth-amendment pro-se pro-se-representation right-to-counsel self-representation sixth-amendment |
Whether Petitioner waived his Fifth and Sixth Amendment Rights |
| 18-9321 |
Jesus Cornelio Dolmo-Alvarez v. United States |
Fifth Circuit |
2019-05-17 |
Denied |
Response WaivedIFP |
criminal-procedure indictment jury-trial prior-conviction reasonable-doubt sentencing statutory-maximum |
Whether all facts - including the fact of a prior conviction - that increase a defendant's statutory maximum must be pleaded in the indictment and eit… |
| 18-9324 |
Robert Gordon Johnstone v. Nevada, et al. |
Ninth Circuit |
2019-05-17 |
Denied |
IFP |
civil-rights constitutional-law criminal-procedure due-process fourteenth-amendment habeas-corpus ineffective-assistance-of-counsel mental-retardation ninth-circuit post-conviction-relief retrial-proceedings standing statutory-interpretation |
Whether the Fourteenth Amendment's due process clause requires a new trial for a mentally retarded criminal defendant whose original trial counsel was… |
| 18-9328 |
Diego Portocarrero Valencia v. United States |
Eleventh Circuit |
2019-05-17 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
confrontation-rights criminal-procedure drug-trafficking due-process high-seas-offense jurisdiction maritime-drug-law maritime-drug-law-enforcement-act maritime-law safety-valve sentencing stateless-vessel |
Is the Maritime Drug Law Enforcement Act (MDLEA) unconstitutional because no minimum contacts between the accused and the United States are required t… |
| 18-9333 |
Gustavo Gomez v. California |
Ninth Circuit |
2019-05-17 |
Denied |
IFP |
appeal case-law constitutional-rights court-of-appeals criminal-procedure due-process habeas-corpus judicial-review jurisdiction motion-to-amend sixth-amendment standing |
Were this Petitioner's Sixth Amendment rights according to the United States Constitution violated by the United States Court of Appeal for the Ninth … |
| 18-9340 |
Anes Subasic v. United States |
Fourth Circuit |
2019-05-17 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel sentencing statutory-interpretation |
Whether the U.S. Court of Appeals for the Fourth Circuit erred in denying my motion for a certificate of appealability and dismissing the appeal of my… |
| 18-1443 |
Nicholas Young v. United States |
Fourth Circuit |
2019-05-17 |
Denied |
|
civil-rights constitutional-activity constitutional-rights criminal-defendant-rights criminal-procedure due-process entrapment entrapment-defense free-speech material-support predisposition predisposition-evidence prior-activity similar-crime terrorist-organization thought-crime white-nationalism |
Whether evidence of a criminal defendant's prior, constitutionally protected activity may be admitted to prove the predisposition element of the entra… |
| 18-1439 |
Shanker Patel v. California |
California |
2019-05-16 |
Denied |
Response Waived |
accomplice-testimony cautionary-instruction circumstantial-evidence corroboration corroboration-requirement criminal-procedure due-process jury-instructions jury-trial sixth-amendment trial-rights |
Whether a trial court violates the jury trial guarantees of the Sixth Amendment and U.S. Const. art. III, § 2, cl. 3 by refusing to grant a defendant'… |
| 18-9297 |
Jeremy Shane Hall v. John Myrick, Superintendent, Two Rivers Correctional Institution |
Ninth Circuit |
2019-05-16 |
Denied |
Response RequestedResponse WaivedRelisted (5)IFP |
constitutional-rights criminal-procedure federal-habeas-corpus habeas-corpus ineffective-assistance professional-norms reasonableness-of-counsel record-evidence sixth-amendment state-post-conviction |
Whether a court can disregard record evidence of the prevailing professional norms in assessing the reasonableness of counsel's action or inaction und… |
| 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 |
| 18-9300 |
Devon Waters, aka Devon Jones v. United States |
Fourth Circuit |
2019-05-16 |
Denied |
Response WaivedIFP |
appeal-waiver appellate-review career-offender crime-of-violence criminal-defendant-appeal-waiver criminal-procedure drug-distribution drug-distribution-offense sentencing sentencing-guidelines |
Does a criminal defendant's waiver of his right to appeal a within guidelines sentence bar appellate review where the district court improperly senten… |
| 18-9303 |
Larry Ray Lincks v. United States |
Fifth Circuit |
2019-05-16 |
Denied |
Response WaivedIFP |
appeal-waiver booker booker-remedy constitutional-challenge constitutional-law criminal-procedure criminal-sentencing due-process guidelines-interpretation plea-agreement plea-bargaining public-policy sentence-appeal-waiver sentencing sentencing-guidelines sufficiency-of-evidence |
Does a sentence-appeal waiver that purportedly precludes a challenge to the sufficiency of enhancement evidence and the district court's interpretatio… |
| 18-9304 |
Abel De Leon v. United States |
Fifth Circuit |
2019-05-16 |
Denied |
Response WaivedIFP |
criminal-procedure federal-rule federal-rules-of-criminal-procedure guilty-plea pre-acceptance right-to-withdraw rule-11 withdrawal |
Whether a formal motion to withdraw a guilty plea is required to invoke the protections of Federal Rule of Criminal Procedure 11(d)(1) |
| 18-9306 |
Shawn Sayer v. United States |
First Circuit |
2019-05-16 |
Denied |
Response WaivedIFP |
18-usc-3553 criminal-procedure criminal-sentencing due-process maximum-sentence probation-report procedural-error procedural-reasonableness sentencing sentencing-guidelines substantive-reasonableness upward-variance |
Whether the district court erred by imposing a sentence without adequate explanation pursuant to 18 U.S.C. § 3553(c), and the length of which sentence… |
| 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 … |
| 18-9314 |
Randall Pierce v. Stuart Sherman, Warden |
Ninth Circuit |
2019-05-16 |
Denied |
Response WaivedIFP |
access-to-courts civil-procedure clearly-established-law criminal-procedure due-process habeas-corpus ninth-circuit pleadings pro-se pro-se-pleadings sentencing-information standing supreme-court |
Was the District Court Judge's liberal construction of the pro se pleadings a denial of access to the courts? |
| 18-9315 |
Casey Peebles v. United States |
Eighth Circuit |
2019-05-16 |
Denied |
Response WaivedIFP |
1st-circuit 8th-circuit circuit-conflict circuit-split codefendant-testimony criminal-procedure due-process exculpatory-testimony federal-rules-of-evidence newly-discovered-evidence rule-33 |
Should a district court automatically exclude exculpatory testimony from a non-testifying codefendant as not newly discovered evidence or should that … |
| 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 |
| 18-9289 |
In Re Michael Leon Haley, Sr. |
|
2019-05-15 |
Denied |
Response WaivedIFP |
actual-innocence constitutional-rights criminal-procedure criminal-sentencing due-process equal-protection false-testimony habeas-corpus ineffective-assistance-of-counsel miscarriage-of-justice prosecutorial-misconduct sentencing third-strike |
Whether petitioner is actually innocent of being eligible for a third-strike sentence under 42 PA. C. S. §9714(g) |
| 18-9295 |
Juan Aurelio Sanchez v. Arizona |
Arizona |
2019-05-15 |
Denied |
IFP |
arizona-rules-evidence civil-procedure civil-rights constitutional-rights criminal-procedure due-process fraud-upon-court judicial-misconduct judicial-process prior-judgment-preclusion standing takings |
Can Arizona courts refuse to afford relief for fraud upon the court that is deeply embedded in the justice system? |
| 18-1428 |
Gatehouse Media New York Holdings, Inc., et al. v. New York, et al. |
New York |
2019-05-15 |
Denied |
|
criminal-procedure first-amendment press press-access press-rights public public-access public-right standing voir-dire |
Whether the failure of state criminal procedural rules to authorize standing for the press to assert the public's First Amendment right of access to v… |
| 18-1433 |
Milton Balkany v. United States |
Second Circuit |
2019-05-15 |
Denied |
Response Waived |
actual-innocence criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel martinez-v-ryan miscarriage-of-justice procedural-default reasonable-doubt trevino-v-thaler |
Whether a lower court can apply a default rule or ignore precedent on actual innocence and ineffective assistance of counsel claims |
| 18-9255 |
Santosh Ram v. United States |
Eighth Circuit |
2019-05-14 |
Rehearing |
Response WaivedRelisted (2)IFP |
criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel involuntary-plea mental-competency mental-disease-defect plea-agreement plea-bargaining search-and-seizure sentencing sentencing-guidelines |
Whether there was violation of due process of law by the failure of the trial court to order the mental competency evaluation and/or conduct mental co… |
| 18-9257 |
Lonnie Rarden v. Ohio |
Ohio |
2019-05-14 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure due-process fourth-amendment habeas-corpus judgment merits mitigating-evidence opinion petition search-and-seizure sentencing state-court state-courts writ-of-certiorari |
Whether the petitioner's due process rights were violated when the state court failed to consider mitigating evidence during sentencing |
| 18-9259 |
Akunna Baiyina Ejiofor v. United States |
Tenth Circuit |
2019-05-14 |
Denied |
Response WaivedIFP |
affidavit criminal-procedure fourth-amendment good-faith-exception plain-language plain-meaning search-warrant search-warrant-affidavit standard-of-review suppression-motion tenth-circuit |
May a reviewing court uphold a search by reading a statement in a search-warrant affidavit contrary to its plain meaning? |
| 18-9277 |
Melvin Scott Morman v. United States |
Eleventh Circuit |
2019-05-14 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
§-2255-motion armed-career-criminal-act burden-of-proof circuit-split criminal-procedure enumerated-offenses-clause johnson-rule johnson-v-united-states residual-clause section-2255 sentencing-enhancement violent-felony |
When the record is silent as to which enhancement clause applied, what showing is a § 2255 movant required to make to prove he is entitled to relief o… |
| 18-9239 |
Dale Shoop v. Ralph Terry, Acting Warden |
Fourth Circuit |
2019-05-13 |
Denied |
Relisted (2)IFP |
constitutional-rights criminal-defense criminal-procedure effective-assistance-of-counsel preliminary-hearing right-to-testify sixth-amendment victim-testimony witness-impeachment witness-presence witness-testimony |
Was the Petitioner's Constitutional Sixth Amendment Right to Effective Assistance of Counsel violated |
| 18-9240 |
Carlos Cordoba v. United States |
Second Circuit |
2019-05-13 |
Denied |
Response WaivedRelisted (2)IFP |
attorney-misconduct criminal-procedure discovery-of-new-facts due-process equitable-tolling habeas-corpus ineffective-assistance-of-counsel limitations-period rule-35 section-2255 statute-of-limitations |
Should the district court have conducted an evidentiary hearing in order that Mr. Cordoba could have presented proof of his reliance on his attorney's… |
| 18-9241 |
Sealed Appellant v. Sealed Appellee |
Fifth Circuit |
2019-05-13 |
Denied |
Response WaivedRelisted (2)IFP |
attorney-client-privilege attorney-representation civil-rights conflict-of-interest criminal-investigation criminal-procedure cuyler-v-sullivan due-process prosecutorial-ethics right-to-counsel strickland-v-washington structural-error |
When a lawyer is named as a suspect in the same criminal investigation as his client, should lower courts review the conflict under Cuyler v. Sullivan… |
| 18-9198 |
John Naasz v. Texas |
Texas |
2019-05-10 |
Denied |
IFP |
14th-amendment criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargaining right-to-counsel sixth-amendment sudden-passion sudden-passion-defense |
Whether a Texas prisoner has a right to effective counsel in collateral review proceedings |
| 18-9231 |
Matthew Leachman v. Texas |
Texas |
2019-05-10 |
Denied |
Response WaivedIFP |
constitutional-interpretation continuing-jeopardy criminal-procedure double-jeopardy due-process felony-conviction indictment indictment-strategy retrial retrial-rights |
Whether a State may break the original indictment into discrete pieces to obtain multiple trials in a retrial comprising 'continuing jeopardy' where t… |
| 18-9233 |
Michael Perales v. United States |
Fifth Circuit |
2019-05-10 |
Denied |
Response WaivedIFP |
appellate-review criminal-appeals criminal-procedure district-court-discretion due-process plain-error procedural-reasonableness reasonableness sentencing sentencing-explanation sentencing-guidelines sentencing-procedure |
Is a district court's gross failure to explain an above-range sentence or to respond to arguments for a lesser sentence reversible on plain error? |
| 18-9235 |
Richard McMillan, III v. Florida |
Florida |
2019-05-10 |
Denied |
Response WaivedIFP |
civil-procedure criminal-procedure due-process evidence inconsistent-evidence inconsistent-testimony judicial-discretion motion-for-acquittal motion-for-judgment-of-acquittal petitioner-defense state-evidence trial trial-court trial-court-evidence |
Can the Trial Court forbid Submission of Evidence at trial that supports Petitioner's Defense, when in fact, there's a dispute? |
| 18-9236 |
Amy Gonzalez and David Thomas Matusiewicz v. United States |
Third Circuit |
2019-05-10 |
Denied |
Response WaivedIFP |
18-usc-2261a,overbreadth,free-speech,first-amendme 6th-amendment 6th-amendment-unanimity,criminal-procedure,jury-in 6th-amendment,5th-amendment,sentencing,jury-trial, actus-reus criminal-procedure criminal-procedure,evidence,character-evidence,pre criminal-procedure,evidence,polygraph,crane-v-kent criminal-procedure,jury-instructions,causation,act criminal-verdict due-process jury-instruction jury-trial jury-unanimity sixth-amendment Whether 18 U.S.C. § 2261A is unconstitutionally ov Whether a person can be convicted for stalking res Whether Crane v. Kentucky 476 U.S. 683 690 (1986 Whether sentencing courts may continue to violate Whether the admissibility of a civil judicial opin |
Whether juries must unanimously agree on the actus reus element of offenses |
| 18-1413 |
Brandon D. Woodruff v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-05-10 |
Denied |
|
' 'habeas-corpus" ' 'prosecutorial-misconduct" ' 'right-to-confrontation" ' 'right-to-counsel" ' 'sixth-amendment" ' 'standard-of-review' certificate-of-appealability criminal-procedure due-process habeas-corpus jail-telephone-calls prosecutorial-conduct prosecutorial-misconduct right-to-counsel sixth-amendment |
Whether the denial of a certificate of appealability by the Fifth Circuit Court of Appeals constituted reversible error, given the prosecutor's violat… |
| 18-1408 |
John Washek v. Vermont |
Vermont |
2019-05-09 |
Denied |
Response Waived |
complete-defense constitutional-rights criminal-behavior criminal-charge criminal-procedure due-process evidence-presentation fourth-amendment innocent-behavior probable-cause reasonable-suspicion right-to-defense terry-stop |
Whether Defendant/Petitioner John Washek's Fourth Amendment rights were violated because the police officer's Terry stop was based on observations muc… |
| 18-9199 |
Peter Alfred Perez v. Michigan |
Michigan |
2019-05-09 |
Denied |
IFP |
brady-violation constitutional-rights criminal-procedure crosby-hearing due-process impartial-jury ineffective-assistance ineffective-counsel jury-impartiality mistrial resentencing |
Did the trial court abuse its discretion in denying relief from judgment based on a violation of the right to an impartial jury and ineffective assist… |
| 18-9213 |
James Paine v. United States |
Eighth Circuit |
2019-05-09 |
Denied |
Response WaivedIFP |
conviction-analysis criminal-history criminal-procedure judicial-interpretation perceived-seriousness point-calculation sentencing-guidelines seriousness similar-offenses u.s.s.g.-§4a1.2(c) united-states-sentencing-guidelines |
Should the court analyze whether a conviction is similar to the offenses listed in U.S.S.G. §4A1.2(c) as a group or solely for perceived seriousness w… |
| 18-9217 |
Kirk Lurton Grummitt, et al. v. United States |
Eighth Circuit |
2019-05-09 |
Denied |
Response WaivedIFP |
armed-career-criminal-act career-offender-guidelines collateral-review criminal-procedure federal-habeas-corpus johnson-decision johnson-v-united-states residual-clause retroactivity sentencing sentencing-guidelines statute-of-limitations |
Whether the 'right' in Johnson, which invalidated the residual clause of the Armed Career Criminal Act, triggers this statute of limitations for a pet… |
| 18-9156 |
Joseph Vincent Sisneros v. Eric Arnold, Warden |
Ninth Circuit |
2019-05-08 |
Denied |
IFP |
civil-rights criminal-procedure cruel-and-unusual-punishment due-process habeas-corpus jury-instructions sentencing state-court-review |
Was the State Court and District Courts rulings based upon an unreasonable application of U.S. Supreme Court precedence, or contrary to U.S. Supreme C… |
| 18-9167 |
Michael J. Pendleton v. Melissa Hainsworth, Superintendent, State Correctional Institution at Somerset |
Pennsylvania |
2019-05-08 |
Denied |
IFP |
14th-amendment amendment-violation constitutional-rights contract-clause conviction-resentencing criminal-procedure criminal-sentencing due-process ex-post-facto non-existent-crime state-federal-government state-legislation state-legislature substantive-due-process |
Whether the Commonwealth of Pennsylvania violated the petitioner's substantive due process rights by convicting and resentencing him for a non-existen… |
| 18-9189 |
Vernell Conley v. Wendy Kelley, Director, Arkansas Department of Correction |
Arkansas |
2019-05-08 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure double-jeopardy drug-offense due-process evidence hicks-v-oklahoma jury jury-trial sentencing |
Did the refusal to order re-sentencing on the remaining conviction, limited to evidence supporting that conviction, violate Conley's right to due proc… |
| 18-9194 |
Noah Espada v. Texas |
Texas |
2019-05-08 |
Denied |
IFP |
brady-violation constitutional-law criminal-procedure death-penalty double-jeopardy due-process federal-law perjury reversal |
Whether a Brady violation, that results in the reversal of a death sentence because of perjury stemming from the Brady violation, implicates the Doubl… |
| 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… |
| 18-9206 |
Mitchell Felix Brooks v. United States |
Fourth Circuit |
2019-05-08 |
Denied |
Response WaivedIFP |
civil-procedure criminal-law criminal-procedure district-court-discretion due-process federal-rules-of-criminal-procedure guilty-plea plea-bargaining plea-compliance rule-11 sentencing supervisory-powers supervisory-powers-of-lower-courts |
Whether the District Court Judge abused its discretion in violation pursuant to Rule 11 |
| 18-9153 |
Albert Randolph v. Texas |
Texas |
2019-05-07 |
Denied |
Relisted (2)IFP |
appeals constitutional-law constitutional-provisions criminal-appeals criminal-procedure due-process fourteenth-amendment habeas-corpus legal-review prosecutorial-misconduct standing statutory-provisions supreme-court writ-of-certiorari |
Whether the Court of Criminal Appeals erred in denying Petitioner a new trial? |
| 18-9154 |
Jeffrey William Smith v. Harold W. Clarke, Director, Virginia Department of Corrections |
Fourth Circuit |
2019-05-07 |
Denied |
Response WaivedIFP |
civil-procedure-criminal constitutional-rights criminal-case criminal-procedure due-process judicial-discretion jury-instructions life-imprisonment life-sentence mitigating-factors sentencing sentencing-guidelines separation-of-powers statutory-interpretation |
Whether the circuit court erred in failing to correct a defective jury instruction |
| 18-9177 |
Robert Murphy v. Ron Neal, Superintendent, Indiana State Prison |
Seventh Circuit |
2019-05-07 |
Denied |
Response WaivedIFP |
brady-violation cell-phones criminal-procedure digital-evidence due-process fifth-amendment fourteenth-amendment fourth-amendment ineffective-assistance-of-counsel miranda-rights privacy search-and-seizure sixth-amendment |
Whether the government's warrantless search of a person's cell phone violates the Fourth Amendment's protection against unreasonable searches and seiz… |
| 18-9180 |
Cesar Arce-Hernandez v. United States |
Ninth Circuit |
2019-05-07 |
Denied |
Response WaivedIFP |
appeal-waiver criminal-justice-act criminal-procedure garza-v-idaho indigent-defendant ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining pretrial-proceedings right-to-counsel sixth-amendment |
Does a Sixth Amendment claim of ineffectiveness of assistance of counsel during pretrial proceedings survive a general waiver of the right to appeal i… |
| 18-1393 |
William T. Walters v. United States |
Second Circuit |
2019-05-07 |
Denied |
|
criminal-procedure evidentiary-hearing grand-jury-secrecy presumption-of-prejudice prosecutorial-misconduct rule-6(e) rule-6e-violation structural-error |
Whether systematic and pervasive government misconduct that violates Federal Rule of Criminal Procedure 6(e) is structural error giving rise to a pres… |
| 18-9146 |
Kenan Ivery v. Ohio |
Ohio |
2019-05-06 |
Denied |
IFP |
criminal-defense criminal-procedure due-process equal-protection heat-of-passion homicide state-judiciary sudden-provocation |
Is a petitioner denied due process and equal protection when a state judiciary refuses to acknowledge that 'fear' is a passion that deprived the petit… |
| 18-9147 |
Donald G. Flint v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-05-06 |
Denied |
Relisted (2)IFP |
5th-amendment 6th-amendment boykin-admonishments constitutional-rights criminal-procedure due-process fifth-amendment guilty-plea judicial-precedent sixth-amendment supreme-court-precedent |
Was the federal district court's finding and the Fifth Circuit Court's finding contrary to the precedent of the Supreme Court, as well as a violation … |
| 18-9151 |
Blake Joseph Sandlain v. United States |
Sixth Circuit |
2019-05-06 |
Denied |
Response WaivedIFP |
6th-amendment appellate-counsel capital-punishment criminal-procedure effective-assistance-of-counsel habeas-corpus ineffective-assistance-of-counsel prejudice successive-petition |
Does the Sixth Amendment right to effective assistance of counsel require a showing of prejudice to establish a claim that appellate counsel was ineff… |
| 18-9164 |
Antonio Muro, Jr. v. United States |
Fifth Circuit |
2019-05-06 |
GVR |
Relisted (2)IFP |
appellate-review criminal-procedure due-process judicial-review jurisdiction objection procedural-requirement reasonableness reasonableness-standard sentencing |
Whether a formal objection after pronouncement of sentence is necessary to invoke appellate reasonableness review of the length of a defendant's sente… |
| 18-9067 |
Sharma Ross v. Christopher Miller, Superintendent, Great Meadow Correctional Facility |
Second Circuit |
2019-05-03 |
Denied |
IFP |
civil-rights criminal-procedure due-process fifth-amendment fourteenth-amendment sixth-amendment standing |
Was petitioner denied his due process rights as enumerated under the Fifth, Sixth and Fourteenth Amendments? |
| 18-9070 |
Gabriel Urzua Sanchez v. United States |
Sixth Circuit |
2019-05-03 |
Denied |
IFP |
abuse-of-discretion criminal-procedure direct-appeal district-court fifth-amendment first-step-act mandatory-minimum privilege sentencing witness-testimony |
Whether the district court abused its discretion in failing to properly determine that Mr. Sanchez's proposed witnesses had a valid Fifth Amendment pr… |
| 18-9100 |
Corry Mency v. Florida |
Florida |
2019-05-03 |
Denied |
Response WaivedIFP |
apprendi-v-new-jersey blakely-v-washington blakey-v-washington constitutional-due-process criminal-procedure due-process judicial-factfinding jury-trial jury-trial-right sentencing sentencing-enhancement sentencing-enhancements statutory-interpretation statutory-maximum trial-judge |
Whether the First District erred in deferring to the Circuit Court's finding that section 775.084 is not unconstitutional as applied to the facts of M… |
| 18-9108 |
Milton Mitchell v. Glen Johnson, Warden |
Eleventh Circuit |
2019-05-03 |
Denied |
IFP |
appellate-procedure constitutional-rights criminal-procedure due-process due-process-of-law equal-protection equal-protection-of-law grand-jury guilty-plea habeas-corpus indictments ineffective-assistance |
Whether the lower courts erred in failing to order the respondent to show cause and provide indictments, trial transcripts, habeas corpus, and all pro… |
| 18-9119 |
Kirby Gardner v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-05-03 |
Dismissed |
IFP |
appellate-procedure constitutional-law criminal-procedure custody-control double-jeopardy double-jeopardy-clause evidence full-faith-and-credit-clause full-faith-credit judicial-review liberty-interest parole prosecution re-imprisonment retrospective-forfeiture statutory-interpretation |
Whether the Full Faith & Credit Clause, Double Jeopardy Clause prohibits the State of Texas from re-prosecuting & re-imprisoning petitioner for an exp… |
| 18-9120 |
Russell Frey v. Illinois |
Illinois |
2019-05-03 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure criminal-sexual-assault cumulative-error due-process effective-assistance-of-counsel evidentiary-issues fair-trial harmless-error ineffective-assistance-of-counsel jury-trial prejudice right-to-counsel |
Whether the defendant's constitutional right to effective assistance of counsel was violated due to counsel's overall health and performance |
| 18-9121 |
Jerry L. Gater v. United States |
Eighth Circuit |
2019-05-03 |
Denied |
Response WaivedIFP |
criminal-procedure due-process faretta-v-california jury-trial-guarantee nelson-v-colorado presumption-of-innocence pro-se right-to-counsel sentencing-factors voir-dire |
Does a defendant have a right to participate in voir dire when proceeding pro se? |
| 18-9124 |
Garland D. Miller v. United States |
Fifth Circuit |
2019-05-03 |
Denied |
Response WaivedIFP |
coram-nobis criminal-procedure federal-courts federal-criminal-procedure illegal-sentence judicial-jurisdiction restitution rule-35 sentencing sentencing-correction statutory-interpretation title-18 |
Does jurisdiction exist to correct an illegal sentence at any time? |
| 18-9130 |
Shaun Allen Dick v. Oregon |
Oregon |
2019-05-03 |
GVR |
Response RequestedResponse WaivedRelisted (3)IFP |
constitutional-rights criminal-procedure due-process fourteenth-amendment incorporation incorporation-doctrine jury-unanimity sixth-amendment unanimous-jury-verdict unanimous-verdict |
Does the Fourteenth Amendment fully incorporate the Sixth Amendment guarantee of a unanimous verdict? |
| 18-9132 |
Earlie Dickerson v. United States |
Fifth Circuit |
2019-05-03 |
Denied |
Response WaivedIFP |
criminal-procedure due-process evidence evidentiary-standard federal-rule-criminal-procedure federal-rules-of-criminal-procedure government-witness government-witnesses motion-for-new-trial newly-discovered-evidence perjury trial-motion witness-credibility witness-testimony |
Whether new evidence that Government witnesses provided untruthful statements during a trial can ever satisfy the requirements for a motion for new ba… |
| 18-9133 |
Abdul Karim Bangura v. United States |
Fourth Circuit |
2019-05-03 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process fourth-circuit-review guilty-plea guilty-plea-withdrawal ineffective-assistance ineffective-assistance-of-counsel obstruction-of-justice right-to-counsel sentencing-enhancement withdrawal |
Whether the district court erred in denying the defendant's motion to withdraw his guilty plea |
| 18-9134 |
Joe Clopton v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-05-03 |
Denied |
Relisted (2)IFP |
amending-indictment brady-violation burden-of-proof child-support cps-records criminal-procedure defense-strategy double-jeopardy due-process effective-assistance-of-counsel exculpatory-evidence false-allegations grand-jury ineffective-assistance lesser-included-offense medical-records nolo-contendere plain-error sixth-amendment social-worker-testimony |
Whether the medical records were improperly excluded from evidence |
| 18-9135 |
Joseph Malcomb v. Pennsylvania |
Pennsylvania |
2019-05-03 |
Denied |
IFP |
criminal-procedure criminal-sentencing felony-classification judicial-discretion judicial-review legislative-amendment legislative-changes offense-gravity-score sentence-modification sentencing-reduction statutory-interpretation |
Was the Petitioner entitled to a sentence Modification / Reduction |
| 18-1385 |
Ruben Delhorno v. United States |
Seventh Circuit |
2019-05-03 |
Denied |
Response Waived |
coram-nobis criminal-procedure deportation-consequences habeas-corpus immigration immigration-consequences immigration-proceedings ineffective-assistance ineffective-assistance-of-counsel padilla-v-kentucky padilla-waiver sixth-amendment writ-of-error-coram-nobis |
Whether a Padilla constitutional waiver may be inferred without an evidentiary hearing by mere passage of time where defendant sought neither a direct… |
| 18-9084 |
Edward JoRodge Gladney v. United States |
Fifth Circuit |
2019-05-02 |
Denied |
Response WaivedIFP |
criminal-procedure diminished-capacity due-process evidentiary-hearing expert-testimony ineffective-assistance ineffective-assistance-of-counsel mental-capacity plea-bargaining plea-voluntariness sentencing sentencing-mitigation |
Whether the district court erred or abused its discretion by failing to hold an evidentiary hearing after grant of COA on contested factual allegation… |
| 18-9086 |
Roel Daniel Galvan v. United States |
Fifth Circuit |
2019-05-02 |
Denied |
Response WaivedIFP |
carachuri-rosendo-v-holder criminal-procedure criminal-sentencing due-process felon-in-possession felony firearm-possession hypothetical-facts misdemeanor misdemeanor-predicate predicate-offense sentencing-enhancement sentencing-guidelines sentencing-guidelines-enhancement sixth-amendment united-states-sentencing-guidelines |
Whether the four-level enhancement for possessing a firearm in connection with another felony offense pursuant to U.S.S.G. §2K2.1(b)(6)(B) applies whe… |
| 18-9092 |
Juan Lopez-Hernandez v. United States |
Ninth Circuit |
2019-05-02 |
Denied |
Response WaivedIFP |
aggravated-felony categorical-approach civil-rights crime-of-violence criminal-procedure due-process elements-of-state-statute immigration permanent-resident removal-order state-court-decisions statutory-interpretation |
Whether federal courts applying the categorical approach must rely on state court decisions that establish the elements of state court statute of conv… |
| 18-9094 |
Marty J. Hebert v. Louisiana |
Fifth Circuit |
2019-05-02 |
Denied |
Response WaivedIFP |
autopsy-findings autopsy-testimony constitutional-error criminal-procedure discovery due-process exculpatory-evidence expert-witness fifth-amendment grand-jury grand-jury-testimony prosecutorial-misconduct second-degree-murder sixth-amendment |
Has the State of Louisiana committed Constitutional Error in its refusal to Order production of Dr. Laga's grand jury testimony to petitioner? |
| 18-9104 |
Kurt Zamor v. United States |
Eleventh Circuit |
2019-05-02 |
Denied |
Response WaivedIFP |
appellate-procedure common-carrier criminal-procedure criminal-procedure-rule-16 evidence evidence-sufficiency expert-testimony firearms firearms-regulation mens-rea sentencing sentencing-review statutory-interpretation |
Whether the Eleventh Circuit failed to properly apply Title 18 U.S.C. Section 922(e) |
| 18-9109 |
Jose Christian Nunez-Belemontes v. United States |
Fifth Circuit |
2019-05-02 |
Denied |
Response WaivedIFP |
administrative-law administrative-order constitutional-violation criminal-procedure criminal-proceeding dea drug-enforcement-administration due-process notice opportunity-to-be-heard title-21 title-21-usc-841 title-21-usc-841a |
Is an administrative order conclusive and in violation of constitutional due process without the administrator providing notice and opportunity to be … |
| 18-9110 |
Darius T. Murphy v. New Jersey |
New Jersey |
2019-05-02 |
Denied |
IFP |
actual-innocence civil-rights criminal-procedure due-process evidence evidentiary-standard legal-claim misidentification totality-of-circumstances |
What spectrum of evidence is required to prove actual innocence claim? |
| 18-9042 |
Kingy Ossarius Holden v. United States |
Eleventh Circuit |
2019-05-01 |
Denied |
Response WaivedIFP |
4th-amendment 6th-amendment appellate-counsel criminal-procedure due-process ineffective-assistance-of-counsel newly-discovered-evidence search-and-seizure |
Whether the district court erred in denying the appellant's claims related to an unconstitutional search and seizure, ineffective assistance of trial … |
| 18-9051 |
Quintonius B. Golston v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-05-01 |
Denied |
IFP |
brady-v-maryland brady-violation circuit-conflict conflict criminal-procedure due-process evidence-suppression federal-question fifth-circuit important-question prosecutorial-misconduct |
Whether the United States Court of Appeals Fifth Circuit has decided an important federal question that conflicts with this Court in Brady v. Maryland… |
| 18-9055 |
Ronald Ray Horner v. United States |
Ninth Circuit |
2019-05-01 |
Denied |
Response WaivedIFP |
civil-rights constitutional-protections constitutional-rights criminal-procedure due-process extra-territorial-jurisdiction extraterritorial-jurisdiction fifth-amendment international-law sovereign-territory supreme-court-precedent |
Does the fact that the Appellant was arrested and questioned in Canada immunize the United States Attorney from following the Constitution of the Unit… |
| 18-9062 |
Derek Ray King v. United States |
Fifth Circuit |
2019-05-01 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
burden-of-proof criminal-procedure cross-examination due-process indictment jury-trial reasonable-doubt sentencing supervised-release |
whether-violations-of-supervised-release-require-jury-proof-beyond-reasonable-doubt |
| 18-9065 |
Charlene Terry-Ann Walker Rosa v. Florida, et al. |
Eleventh Circuit |
2019-05-01 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure due-process fundamental-rights ineffective-assistance-of-counsel ineffective-counsel sixth-amendment strategic-decision strickland-v-washington |
Whether petitioner's claim of ineffective assistance of counsel is governed by the applicable test of Strickland v. Washington |
| 18-9074 |
Aaron Francois v. Darrel Vannoy, Warden |
Fifth Circuit |
2019-05-01 |
Denied |
Response WaivedIFP |
14th-amendment 6th-amendment civil-rights constitutional-rights conviction-challenge criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel louisiana-constitution sufficiency-of-evidence trial-error |
Whether the evidence was sufficient to establish that the murder and underlying felony of armed robbery formed a continuous transaction without a sign… |
| 18-9081 |
Scott Books v. United States |
Seventh Circuit |
2019-05-01 |
Denied |
Response WaivedIFP |
brooks-v-tennessee coerced-confession confession-suppression criminal-procedure due-process impeachment right-to-counsel self-incrimination self-incrimination-5th-amendment |
Under Brooks v. Tennessee, did the district court's ruling permitting impeachment with the coerced confession and its physical fruit impermissibly int… |
| 18-1369 |
James Bradley Anderson v. Washington |
Washington |
2019-05-01 |
Denied |
|
bill-of-particulars criminal-procedure double-jeopardy due-process ineffective-assistance jury-instructions pre-trial-notice prosecutorial-discretion |
Must the particulars of each count of an information be specified prior to trial, or can a prosecutor be allowed to match alleged acts to the counts i… |
| 18-9032 |
Michael Slager v. United States |
Fourth Circuit |
2019-04-30 |
Denied |
Response WaivedIFP |
civil-rights credibility-of-witness criminal-procedure due-process expert-testimony legal-standard officer-involved-shooting police-misconduct police-use-of-force second-degree-murder use-of-force voluntary-manslaughter |
Did the district court deny Petitioner's right to due process when it found that the underlying conduct at issue here—Officer Michael Slager's shootin… |
| 18-9034 |
Norman Lee Shillings v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division, et al. |
Fifth Circuit |
2019-04-30 |
Denied |
IFP |
alias-name civil-rights constitutional-rights criminal-procedure due-process equal-protection evidence fourteenth-amendment identity tampering-with-evidence |
Can the presentation of an (Alias) or Gender specific name used during arrest, booking, and bonding procedures be charged as Tampering with Evidence, … |
| 18-9037 |
Rolander Brown v. Nebraska |
Nebraska |
2019-04-30 |
Denied |
Response WaivedIFP |
4th-amendment appellate-review criminal-procedure due-process exclusionary-rule fourth-amendment good-faith-exception search-and-seizure stored-communications-act |
Whether the 'good faith exception' to the exclusionary rule should apply to court orders obtained pursuant to the Federal Stored Communications Act |
| 18-9043 |
Bryan Binkholder v. United States |
Eighth Circuit |
2019-04-30 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
5th-amendment criminal-procedure criminal-procedure-rights due-process plea-bargaining sentencing victim-rights victims-rights writ-of-mandamus |
Did the Crime Victims Rights Act, 18 USC 3771 (CVRA), and its 72 hour review requirement for a petition of Writ of Mandamus violate the Constitutional… |
| 18-9045 |
Kevin Robinson v. Steven Johnson, Administrator, New Jersey State Prison |
Third Circuit |
2019-04-30 |
Denied |
Response WaivedRelisted (2)IFP |
14th-amendment 6th-amendment civil-rights constitutional-rights criminal-procedure due-process effective-assistance-of-counsel fair-trial impartial-jury ineffective-assistance jury-impartiality self-incrimination sixth-amendment |
Are trial attorneys obligated to protect every fundamental right entitled to defendants under the United States Constitutional Amendments? |
| 18-9048 |
Brian Boykins v. Robert Napel, Warden |
Sixth Circuit |
2019-04-30 |
Denied |
Response WaivedIFP |
appellate-review burden-of-proof civil-rights criminal-procedure due-process evidentiary-hearing federal-court right-to-counsel standard-of-review standing trial-court-record |
Whether a federal court must grant an evidentiary hearing and findings, contrary to Townsend v. Sain, 372 U.S. 293 (1963) |
| 18-9049 |
Jackie Madore v. United States |
First Circuit |
2019-04-30 |
Denied |
Response WaivedIFP |
appellate-procedure appellate-waivers contract-law criminal-law criminal-procedure due-process plea-agreement plea-bargaining sentencing sentencing-disparity |
Whether the Supreme Court should review appellate waivers in criminal cases under principles of contract law |
| 18-9003 |
Ariel Brown v. United States |
Fifth Circuit |
2019-04-29 |
Denied |
Response WaivedIFP |
and whether false allegations in a Presentence In burden-of-proof criminal-procedure due-process government-burden presentence-report sentencing sentencing-enhancement weapons-enhancement weapons-possession |
When a defendant submits a sworn Declaration denying key elements of a weapons enhancement, can the defendant be enhanced without the Government meeti… |
| 18-9004 |
Vaughn S. Archer v. Daniel Paramo, Warden |
Ninth Circuit |
2019-04-29 |
Denied |
Response WaivedIFP |
boykin-advisement criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel plea-bargaining right-to-trial sentencing sentencing-reduction statutory-interpretation statutory-reduction trial-court-advisement |
Whether Archer knowingly and voluntarily entered into a guilty plea where the trial court failed to advise him as to the potential application of a st… |
| 18-9026 |
Arrez Meliton-Salto v. United States |
Ninth Circuit |
2019-04-29 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure district-court guidelines-range molina-martinez-v-united-states plain-error prejudice record-silence sentencing sentencing-guidelines |
Whether the defendant may rely on the district court's error alone to show prejudice under plain error review when the record is silent as to what the… |
| 18-9029 |
Tyron James v. Kansas |
Kansas |
2019-04-29 |
Denied |
IFP |
appeal apprendi civil-rights constitutional-challenge conviction criminal-conviction criminal-procedure due-process retroactive-application retroactivity sentencing sentencing-guidelines sixth-amendment unconstitutional-error upward-departure |
Whether a conviction based on an unconstitutional sentencing enhancement can be overturned under this Court's decisions in Apprendi and Alleyne |
| 18-1359 |
William Shannon Gresham v. Tennessee |
Tennessee |
2019-04-29 |
Denied |
Response Waived |
acquitted-conduct criminal-procedure double-jeopardy due-process jury-trial sentencing sentencing-enhancement sixth-amendment sufficiency-of-evidence |
Whether a trial court may use acquitted conduct by a jury that rejected the State's proof on a particular issue in order to enhance a defendant's sent… |
| 18-8987 |
Michael Wainaina Kariuki v. Washington |
Washington |
2019-04-26 |
Denied |
IFP |
assault constitutional-law conviction criminal-conviction criminal-procedure due-process jurisdiction jury-instructions legal-relief procedural-error second-degree-assault sexual-assault standing victim |
Whether the defendant, Michael Kariuni, is entitled to reversal of the second-degree-assault conviction with instructions to dismiss |
| 18-9006 |
Donald Ray Boles v. United States |
Second Circuit |
2019-04-26 |
Denied |
Response WaivedIFP |
appellate-review apprendi-rule apprendi-v-new-jersey constitutional-interpretation criminal-procedure criminal-sentencing due-process judicial-fact-finding judicial-precedent prior-conviction prior-convictions sentencing-enhancement sentencing-enhancements sixth-amendment |
Whether the holding of Almendarez-Torres v. United States should be reconsidered |
| 18-9010 |
Joel Augutuk Mayokok v. United States |
Eighth Circuit |
2019-04-26 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review criminal-procedure due-process judicial-error re-sentencing sentence-reasonableness sentencing sentencing-discretion sentencing-guidelines substantive-reasonableness unsupported-enhancement |
Did the District Court's decision at re-sentencing to re-impose the same 240-month sentence it initially imposed, where the Court had erred in its ini… |
| 18-9011 |
Anthwaun Jordan v. Texas |
Texas |
2019-04-26 |
Denied |
Response RequestedRelisted (2)IFP |
6th-amendment civil-procedure due-process habeas-corpus ineffective-assistance-of-counsel standing civil-rights criminal-procedure due-process habeas-corpus ineffective-assistance right-to-counsel |
Was the petitioner denied his right to the effective assistance of counsel |
| 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 |
| 18-9020 |
Michael Marshall v. United States |
Fourth Circuit |
2019-04-26 |
Denied |
Response WaivedIFP |
appeals appellate-review criminal-procedure due-process federal-appeal federal-courts federal-jurisdiction fourth-circuit guilty-plea jurisdictional-grounds plea-bargaining sentencing |
Whether the writ should issue so that this Court may decide whether Petitioner's guilty plea was valid |
| 18-8997 |
Troy Williams v. Florida |
Florida |
2019-04-25 |
Denied |
Response WaivedIFP |
brady-violation constitutional-error constitutional-rights criminal-procedure due-process evidentiary-hearing judicial-procedure legal-standard post-conviction-relief |
Whether the Post Conviction Court erred when it failed to conduct an evidentiary hearing on Petitioner's Motion for Post Conviction Relief based upon … |
| 18-8998 |
Juan Garcia v. United States |
Tenth Circuit |
2019-04-25 |
Denied |
Response WaivedIFP |
compulsory-process constitutional-rights criminal-procedure deportation due-process governmental-bad-faith governmental-misconduct harmless-error material-witness sixth-amendment witness-deportation |
Whether a defendant must prove governmental bad faith to establish a compulsory process clause violation? |
| 18-8974 |
Stanley Bruce Roberson v. Texas |
Texas |
2019-04-24 |
Denied |
Response WaivedIFP |
appellate-review criminal-evidence criminal-procedure due-process equal-protection evidence scientific-evidence scientific-reliability statistical-extrapolation statistical-sampling unvalidated-methods |
Does the unvalidated method of statistical extrapolation constitute scientifically reliable evidence? |
| 18-8975 |
Derran Smiley v. William Muniz, Warden |
Ninth Circuit |
2019-04-24 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure due-process ex-post-facto kidnapping kidnapping-enhancement one-strike-statute penal-code retroactive-statute sentencing statutory-interpretation |
Did the California Supreme Court err in imposing the one strike statute of Penal Code section 667.61, when Souley was convicted of only one kidnapping… |
| 18-8978 |
Rico Montell Reid v. United States |
Fourth Circuit |
2019-04-24 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-procedure-11 defendant-rights district-court due-process judicial-coercion judicial-discretion plea-agreement plea-bargaining presentence-report sentencing sentencing-guidelines withdrawal-of-plea |
Whether Federal Rule of Criminal Procedure 11 prohibits a district court from discussing sentencing options with a defendant at the sentencing hearing |
| 18-8980 |
Raheem D. Louis v. United States |
Third Circuit |
2019-04-24 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure due-process evidence identification witness-testimony |
Question not identified |
| 18-8981 |
John Bowling v. Maryland |
Maryland |
2019-04-24 |
Denied |
IFP |
appeal civil-procedure civil-rights conviction criminal-procedure due-process evidence-sufficiency free-speech jury-instructions standing |
Any ERRONEOUS INSTRUCTION on force WMS Ofer to the funy |
| 18-8983 |
Patrick Edwards v. United States |
Seventh Circuit |
2019-04-24 |
Denied |
Response WaivedIFP |
criminal-law criminal-procedure cruel-and-unusual-punishment double-jeopardy due-process eighth-amendment fifth-amendment retroactivity sentencing statutory-interpretation |
Whether the Double Jeopardy Clause of the Fifth Amendment prohibits the imposition of a sentence for a specific offense that is greater than the maxim… |
| 18-8936 |
William Arthur McIntosh v. Texas |
Texas |
2019-04-23 |
Denied |
Response WaivedIFP |
brady-v-maryland criminal-procedure exculpatory-evidence habeas-corpus ineffective-assistance ineffective-assistance-of-counsel martinez-v-ryan newly-available-evidence schlup-v-delo state-court-review successive-writ supreme-court-precedent texas-code-of-criminal-procedure texas-court-of-criminal-appeals trevino-v-thaler |
Did the Texas Court of Criminal Appeals rule adversely by denying Petitioners successive writ of habeas corpus when he presented newly available evide… |
| 18-8944 |
Timmy W. Doucet v. Louisiana |
Louisiana |
2019-04-23 |
Denied |
Response WaivedIFP |
criminal-procedure due-process evidence jury-deliberation jury-deliberations louisiana-criminal-code reasonable-doubt reversible-error sixth-amendment testimonial-evidence |
Whether reasonable jurists determine that it was reversible error for the district court to permit the jury, over defense counsel's objections, to vie… |
| 18-8946 |
Willie Peterson v. Steven Johnson, Administrator, New Jersey State Prison, et al. |
Third Circuit |
2019-04-23 |
Denied |
Response WaivedIFP |
certificate-of-appealability constitutional-rights criminal-procedure due-process duncan-v-louisiana illinois-v-allen lewis-v-united-states right-to-be-present third-circuit-court |
Whether the Third Circuit Court of Appeals Erred in Denying Petitioner a Certificate of Appealability on His Claim that the State Court Violated the U… |
| 18-8951 |
Terrance Proctor v. Wendy Kelley, Director, Arkansas Department of Correction |
Arkansas |
2019-04-23 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
criminal-procedure discretion due-process eighth-amendment graham-v-florida juvenile-sentencing life-without-parole mitigation proportionality sentencing-mitigation |
Are consecutive, fixed term sentences for juveniles unconstitutional at the outset when they amount to the functional equivalent of life without parol… |
| 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 |
| 18-8956 |
Jordan M. Jucutan v. United States |
Ninth Circuit |
2019-04-23 |
Denied |
Amici (1)Response WaivedIFP |
criminal-procedure due-process federal-criminal-law fraud global-war-on-terror prosecution-tolling repose statute-of-limitations time-barred-offenses wartime-suspension wartime-suspension-of-limitations wartime-suspension-of-limitations-act |
Does the Wartime Suspension of Limitations Act permit a prosecution, otherwise time-barred, for offenses not involving fraud against the United States… |
| 18-8957 |
Scott Matthew Goss v. United States |
Fifth Circuit |
2019-04-23 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure drug-trafficking due-process federal-courts sentencing-enhancement sentencing-guidelines weapon-possession |
May a court accept a mere allegation of possession of a weapon as satisfaction of the Government's initial burden of proof requirement supporting the … |
| 18-8964 |
Artemio Miranda-Manuel v. United States |
Fifth Circuit |
2019-04-23 |
Denied |
Response WaivedIFP |
8-usc-1326 almendarez-torres apprendi criminal-procedure due-process immigration indictment prior-conviction sentencing |
Whether a prior conviction must be alleged in the indictment before a defendant is subjected to enhanced punishment under 8 U.S.C. §1326(b) |
| 18-8965 |
Olusola Olla v. United States |
Fourth Circuit |
2019-04-23 |
Denied |
Response WaivedIFP |
burden-of-proof circuit-split criminal-knowledge criminal-law criminal-procedure deliberate-indifference federal-courts investigative-standard jury-instructions mens-rea prosecutorial-evidence statutory-interpretation willful-blindness |
Whether, in a criminal case where a statute requires proof of knowledge, the government may establish the requisite knowledge with evidence of a failu… |
| 18-8969 |
Ronald Lunsford, Jr. v. Indiana |
Indiana |
2019-04-23 |
Denied |
IFP |
criminal-procedure double-jeopardy effective-assistance-of-counsel fourteenth-amendment guilty-plea indiana-constitution ineffective-assistance-of-counsel motion-to-dismiss sixth-amendment |
Whether the State of Indiana erred in denying Appellant was deprived of effective assistance of counsel in violation of the Sixth and Fourteenth Amend… |
| 18-8970 |
John William King v. Texas |
Texas |
2019-04-23 |
Denied |
IFP |
capital-punishment criminal-procedure death-penalty habeas-corpus ineffective-assistance-of-counsel lesser-included-offense mccoy-v-louisiana retroactivity sixth-amendment sixth-amendment-right-to-counsel teague-analysis teague-v-lane watershed-rule |
Whether McCoy applies when a defendant's attorneys concede, against his wishes, his guilt to a lesser-included offense during final argument, and is a… |
| 18-8971 |
William T. Liepe v. New Jersey |
New Jersey |
2019-04-23 |
Denied |
Response WaivedIFP |
4th-amendment blood-alcohol blood-alcohol-test case-review constitutional-law constitutional-provisions criminal-procedure due-process evidence-suppression judicial-interpretation legal-standard search-and-seizure statutory-provisions suppression warrantless-search |
Did the warrantless search of defendant's blood for the purpose of determining his blood alcohol level violate the established constitutional principl… |
| 18-8889 |
Lavont Flanders, Jr. v. United States |
Eleventh Circuit |
2019-04-22 |
Denied |
Response WaivedIFP |
constitutional-error counsel-deprivation criminal-procedure critical-stage due-process initial-appearance right-to-counsel sixth-amendment united-states-v-cronic |
Whether an initial appearance can be a critical stage |
| 18-8911 |
Gerald Humbert v. United States |
Eleventh Circuit |
2019-04-22 |
GVR |
Response RequestedResponse WaivedRelisted (2)IFP |
11th-circuit acca acca-serious-drug-offense armed-career-criminal-act certiorari criminal-law criminal-procedure drug-offense eleventh-circuit florida-statute florida-statute-893-13 mens-rea serious-drug-offense statutory-interpretation united-states-v-smith |
Whether a Florida drug offense qualifies as a 'serious drug offense' under the ACCA without mens rea |
| 18-8912 |
Cirilo Flores v. United States |
Third Circuit |
2019-04-22 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure criminal-procedure-plea-bargaining due-process guilty-plea hill-v-lockhart ineffective-assistance ineffective-assistance-of-counsel plea-agreement prejudice strickland-v-washington voluntary-and-intelligent-choice voluntary-plea |
Whether the guilty plea entered was legal when the petitioner did not fully understand, know or intelligently accept the voluntary guilty plea agreeme… |
| 18-8929 |
In Re Lavont Flanders, Jr. |
|
2019-04-22 |
Denied |
Response WaivedIFP |
certificate-of-appealability criminal-procedure critical-stage due-process habeas-corpus indictment-amendment mailbox-rule postal-service-error pro-se-filing pro-se-prisoner procedural-due-process right-to-counsel sixth-amendment |
Whether the Petitioner's Sixth Amendment right to counsel was violated when the indictment was amended during a critical stage of the proceedings with… |
| 18-8933 |
Zaamar Bersan Stevenson v. Pennsylvania Board of Probation and Parole, et al. |
Third Circuit |
2019-04-22 |
Denied |
IFP |
appeal appeal-process certificate-of-appealability criminal-procedure due-process first-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel rehabilitation-process right-to-counsel subject-matter-jurisdiction |
Whether Mr. Stevenson was entitled to relief on his claim of ineffective assistance of counsel |
| 18-8940 |
Anson Chi v. United States |
Fifth Circuit |
2019-04-22 |
Denied |
Response WaivedIFP |
access-to-courts civil-rights criminal-procedure due-process ineffective-assistance-of-counsel prison-conditions retaliation standing |
Should pro se defendants be granted in forma pauperis status in criminal cases, given that the second copy of the record on appeal was intentionally l… |
| 18-8943 |
David Raphael Concepcion v. United States |
Eleventh Circuit |
2019-04-22 |
Denied |
Response WaivedIFP |
4th-amendment arrest arrest-incident constitutional-provision criminal-procedure home home-search law-enforcement maryland-v-buie police-powers protective-sweep search-and-seizure |
Whether the holding of Maryland v. Buie applies to protective sweeps incident to arrests made just outside a home |
| 18-8913 |
Esteban Aguilera-Alvarez v. United States |
Fifth Circuit |
2019-04-19 |
Denied |
Response WaivedIFP |
constitutional-law criminal-law criminal-procedure due-process precedent sentencing sixth-amendment supreme-court |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 18-8915 |
Jonathan Zepeda v. United States |
Ninth Circuit |
2019-04-19 |
Denied |
Response WaivedIFP |
18-usc-3006a appellate-waiver criminal-procedure criminal-procedure-appeal due-process fifth-amendment independent-counsel judicial-manipulation sentencing sixth-amendment standing waiver |
Whether an individual's challenge to the constitutionality of his sentence and case proceedings in a criminal prosecution on bases outside the limited… |
| 18-8916 |
Steven Lawrence Wright v. California |
California |
2019-04-19 |
Denied |
IFP |
abuse-of-discretion burden-of-proof criminal-procedure criminal-trial due-process fifth-amendment jury-instruction jury-instructions legal-standard motion-for-new-trial new-trial standard-of-review |
Did the trial court's erroneous jury instruction violate the Due Process Clause? |
| 18-8920 |
Charles Franklin Glasscock v. Jeri Taylor |
Ninth Circuit |
2019-04-19 |
Denied |
Response WaivedIFP |
constitutional-law constitutional-rights criminal-procedure defense-counsel due-process effective-counsel habeas-corpus impartial-jury memorandum-decision ninth-circuit supreme-court |
Does the Ninth Circuit's memorandum decision, affirming the denial of habeas corpus relief, contravene this Court's commands regarding the vital guara… |
| 18-8921 |
Hector Tellez v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-04-19 |
Denied |
IFP |
criminal-procedure due-process fourth-amendment ineffective-assistance ineffective-assistance-of-counsel reasonable-time-period recent-precedence recent-precedent supremacy-clause supreme-court-precedent trial-counsel trial-outcome united-states-supreme-court |
What is a reasonable time period for trial counsel to be required to become aware of recent precedence before he/she may be deemed ineffective for fai… |
| 18-8923 |
Ryan Watkins v. Norm Robinson, Warden |
Sixth Circuit |
2019-04-19 |
Denied |
Response WaivedIFP |
appeals appeals-court criminal-procedure district-court due-process federal-courts federal-law habeas-corpus post-conviction-relief re-sentencing sentencing sixth-amendment sixth-circuit successive-petition |
Whether Petitioner was entitled to present his claims after re-sentencing to the United States District Court of appeals |
| 18-8925 |
Charles Reginald Cooks v. Superior Court of California, Los Angeles County, et al. |
California |
2019-04-19 |
Denied |
Relisted (2)IFP |
civil-procedure civil-rights constitutional-rights criminal-procedure damages due-process equal-protection habeas-corpus ineffective-assistance post-conviction-relief standing |
Whether the complaint named the defendant in their true names, with statements that are true |
| 18-8885 |
Jose Roman v. United States |
Fifth Circuit |
2019-04-18 |
Denied |
Response WaivedIFP |
criminal-activity criminal-procedure criminal-sentencing drug-offense fifth-circuit-interpretation firearm-enhancement firearms foreseeability presumption presumption-of-use sentencing-guidelines tools-of-the-trade |
WHETHER THE GUIDELINES ARE MISAPPLIED UNER 2D1.1 (b)(1) BY MAKING A GENERAL PRESUMPTION THAT FIREARMS ARE 'TOOLS OF THE TRADE' AND THAT ALWAYS IS FORS… |
| 18-8886 |
In Re James Rodgers, Jr. |
|
2019-04-18 |
Denied |
IFP |
criminal-procedure due-process equal-protection jurisdiction statutory-interpretation void-for-vagueness. aggravating-circumstances criminal-procedure due-process equal-protection facial-unconstitutionality gang-relation-element jurisdiction legislative-intent statutory-interpretation subject-matter-jurisdiction void-for-vagueness |
Whether ACTR No. 92-601 is facially unconstitutional |
| 18-8893 |
Mark M. Brown v. United States |
Sixth Circuit |
2019-04-18 |
Denied |
Response WaivedIFP |
circuit-court-review criminal-procedure impairment mental-capacity mental-impairment probable-cause standard-of-review suppression-motion trustworthiness warrant warrant-issuance witness witness-credibility witness-testimony |
Does probable cause to issue a warrant extend to situations where a witness to alleged criminal behavior was severely impaired? |
| 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) |
| 18-8895 |
Kevin Watkins v. Massachusetts |
Massachusetts |
2019-04-18 |
Denied |
Response WaivedIFP |
appellate-counsel civil-rights conflicted-jurors conflicts-of-interest criminal-procedure double-jeopardy due-process ineffective-assistance ineffective-assistance-of-counsel jury-selection open-trial |
Is a defendant's right to an open trial violated when an attorney observing the trial and was asked to assist with defendant's appeal, was barred from… |
| 18-8897 |
Corlious C. Dyson, aka Corlious Corall Dyson v. Louisiana |
Louisiana |
2019-04-18 |
GVR |
Relisted (2)IFP |
criminal-conviction criminal-procedure due-process fourteenth-amendment incorporation-doctrine jury-trial non-unanimous-verdict sixth-amendment |
Does the right to a jury trial guaranteed by the Sixth Amendment, as applied to the States through the Fourteenth Amendment, allow a criminal convicti… |
| 18-8900 |
Juan Garcia Herrera v. United States |
Ninth Circuit |
2019-04-18 |
Denied |
Response WaivedIFP |
alleyne-v-united-states almendarez-torres-v-united-states apprendi-v-new-jersey constitutional-challenge criminal-procedure drug-offense due-process judicial-factfinding jury-trial mandatory-minimum mandatory-minimum-sentence prior-conviction sentencing sentencing-enhancement |
Whether the enhanced-penalty provisions of 21 U.S.C. §§ 841(b) and 851 that require judicial factfinding about a prior conviction to increase the mand… |
| 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)? |
| 18-8851 |
Lester James Smith v. Georgia |
Georgia |
2019-04-17 |
Denied |
Response WaivedIFP |
attempt-to-elude criminal-procedure double-jeopardy double-punishment due-process equal-protection evidence-collection federalism investigative-techniques law-enforcement probable-cause prosecutorial-misconduct sentencing single-incident single-jurisdiction |
Whether the State of Georgia erred in sentencing Mr. Smith to multiple punishments for a single criminal act of attempt to elude police |
| 18-8863 |
Neville Turnbull v. Glen Johnson, Warden |
Georgia |
2019-04-17 |
Denied |
IFP |
appellate-procedure civil-rights constitutional-law criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel judicial-discretion judicial-review legal-standard miscarriage-of-justice prosecutorial-misconduct standing trial-process |
Whether a State's highest court errs, and abuses discretion by refusing to remedy a prisoner's miscarriage of justice claim, critical to all parties i… |
| 18-8865 |
Marvin Lopez-Aguilar v. United States |
Tenth Circuit |
2019-04-17 |
Denied |
Response WaivedIFP |
appellate-review circuit-conflict collateral-attack collateral-challenge conviction criminal-procedure district-court forfeiture government-enforcement government-forfeiture habeas-corpus waiver |
Does the government forfeit its right to enforce a defendant's waiver of a collateral challenge to his conviction by failing to raise the waiver issue… |
| 18-8868 |
Amilcar C. Butler v. United States |
Sixth Circuit |
2019-04-17 |
Denied |
Response WaivedIFP |
clerical-error commitment court-filing criminal-procedure fed-r-crim-p-36 federal-criminal-procedure federal-rules-of-criminal-procedure judgment judgment-correction judicial-error procedural-rule record |
Is it error for the district court to file an order granting a petition to correct a clerical error in the judgment under Fed. R. Crim. P. 36, but fai… |
| 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… |
| 18-8872 |
In Re Samuel Lewis Surles |
|
2019-04-17 |
Dismissed |
Relisted (2)IFP |
actual-innocence appellate-review civil-rights constitutional-law criminal-procedure due-process equal-protection federal-procedure ineffective-assistance-of-counsel interrogation judicial-interpretation sixth-amendment |
Whether petitioner was denied his unwaivable constitutional right of due process of law when the Michigan Supreme Court failed to rule on the merits o… |
| 18-8876 |
Nickie R. Logan v. District Attorney of Allegheny County, Pennsylvania, et al. |
Third Circuit |
2019-04-17 |
Denied |
IFP |
6th-amendment civil-rights criminal-procedure due-process effective-assistance-of-counsel equal-protection ineffective-assistance-of-counsel right-to-a-fair-trial right-to-counsel |
Whether the Sixth Amendment right to effective assistance of counsel requires a court to appoint new counsel when a defendant expresses dissatisfactio… |
| 18-8879 |
Olusola Arojojoye v. United States |
Seventh Circuit |
2019-04-17 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure district-court-jurisdiction jurisdiction restitution sentencing statutory-interpretation |
Does 18 USC §§3664(o) and USC §§3742 give the district court jurisdiction to review a sentence which the restitution was calculated in violation of th… |
| 18-8880 |
M. A. Edwards, aka Michael Anthony Edwards v. Scott Semple, Commissioner, Connecticut Department of Correction |
Second Circuit |
2019-04-17 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure due-process evidence fabricated-testimony fraud government-misconduct impeachment standing testimonial-evidence testimonial-statement |
Can the government tell the triers of fact that defendant confessed to murder |
| 18-8819 |
Jorge Rogelio Reveles-Santana v. United States |
Fifth Circuit |
2019-04-16 |
Denied |
Response WaivedIFP |
criminal-procedure due-process indictment jury-trial prior-conviction sentencing statutory-maximum |
Whether all facts - including the fact of a prior conviction - that increase a defendant's statutory maximum must be pleaded in the indictment and eit… |
| 18-8833 |
Shea Pascal Dease v. Virginia |
Virginia |
2019-04-16 |
Denied |
Response WaivedIFP |
civil-rights conviction criminal-procedure double-jeopardy due-process elements felon-in-possession jurisdiction notice second-amendment |
Can a State maintain a judgment of conviction for a crime that the defendant never served notice of the elements for? |
| 18-8842 |
Michael Demon Nixon v. United States |
Fifth Circuit |
2019-04-16 |
Denied |
Response WaivedIFP |
commerce-clause criminal-procedure due-process federal-firearms-law-922g firearm-possession interstate-commerce mens-rea plain-error-review plea-agreement statutory-interpretation sufficiency-of-evidence sullivan-v-louisiana |
Whether 18 U.S.C. §922(g) authorizes conviction upon proof that a firearm once crossed state lines at an unspecified prior occasion, when there is no … |
| 18-8843 |
John Leroy Milne v. United States |
Tenth Circuit |
2019-04-16 |
Denied |
Response WaivedIFP |
criminal-procedure drug-identity drug-quantity due-process evidence reasonable-doubt sufficiency-of-evidence |
Whether the evidence presented was sufficient to prove beyond a reasonable doubt that Mr. Milne conspired to possess and knowingly possessed with inte… |
| 18-8846 |
Silvio Lopez Cuellar v. United States |
Eleventh Circuit |
2019-04-16 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure district-court due-process plea-agreement plea-bargaining sentencing sentencing-appeal sentencing-guidelines statutory-interpretation waiver-of-rights |
Does a defendant's plea agreement waiver of the statutory right of a sentencing appeal preclude appellate review of the sentence even where the distri… |
| 18-8855 |
Eric A. Hicks v. United States |
District of Columbia |
2019-04-16 |
Denied |
Response WaivedIFP |
appellate-review constitutional-error criminal-procedure guidelines molina-martinez molina-martinez-standard molina-martinez-v-united-states prejudice prejudice-standard procedural-default sentencing sentencing-guidelines |
Whether the court of appeals' decision conflicts with this Court's decision in Molina-Martinez v. United States, 136 S. Ct. 1338 (2016), in concluding… |
| 18-8857 |
Jeffrey A. Weisheit v. Indiana |
Indiana |
2019-04-16 |
Denied |
IFP |
aggravating-circumstances constitutional-rights criminal-procedure death-penalty ineffective-assistance ineffective-assistance-of-counsel mitigating-circumstances penalty-phase strickland-standard strickland-v-washington williams-v-taylor |
Whether the Indiana Supreme Court contravened Strickland by acknowledging counsel made mistakes, but not finding them to be deficient performance even… |
| 18-8858 |
Aspen Warren v. Texas |
Texas |
2019-04-16 |
Denied |
IFP |
criminal-procedure due-process evidence-sufficiency jury-unanimity manner-and-means murder murder-conviction state-criminal-law state-statutes statutory-interpretation sufficiency-of-evidence |
Whether there must be sufficient evidence to convict under each manner or means alleged in a murder case where under state statutes a jury need not be… |
| 18-8859 |
LaShunda Borden v. Cheaha Regional Mental Health Center, Inc. |
Eleventh Circuit |
2019-04-16 |
Denied |
IFP |
civil-procedure civil-rights corporate-perjury criminal-procedure due-process employment-law first-amendment fraud free-speech freedom-of-speech legal-ethics perjury standing |
Is it legal for a company to commit perjury to win a lawsuit? |
| 18-8861 |
Allen Louis Dorsey, Sr. v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2019-04-16 |
Denied |
Response WaivedIFP |
charging-documents charging-information confidential-informant confidential-informants controlled-substances criminal-procedure discovery double-jeopardy due-process prosecutorial-discretion substance-sale |
Can a citizen be convicted of an uncharged crime? |
| 18-8807 |
Francisco Quintero-Corral v. United States |
Eleventh Circuit |
2019-04-15 |
Denied |
Response WaivedIFP |
apprendi-v-new-jersey aprendi-rule criminal-procedure due-process illegal-reentry indictment jury-trial prior-conviction sentencing sentencing-enhancement statutory-maximum |
Whether all facts- including the facts of a prior conviction- that increase a defendant's statutory maximum must be pleaded in the indictment and eith… |
| 18-8815 |
Scott Randall Reich v. Mike Slagle, Correctional Administrator, Mountain View Correctional Institution |
Fourth Circuit |
2019-04-15 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure discovery due-process evidence evidence-suppression prosecutorial-misconduct speedy-trial standing witness-testimony |
Has rules of evidence precluded by Speedy Trial Act from being used to impeach witness testimony? |
| 18-8824 |
Darren Gonzales v. United States |
Tenth Circuit |
2019-04-15 |
Denied |
Response WaivedIFP |
constitutional-law constitutional-rights criminal-law criminal-procedure due-process factual-basis money-laundering plea-bargaining plea-colloquy rule-11 sentencing |
Does a defendant who merely parrots the language of the concealment money laundering statute satisfy a district court's obligation under Rule 11 to es… |
| 18-8825 |
Timeiki Hedspeth v. United States |
Fourth Circuit |
2019-04-15 |
Denied |
Response WaivedIFP |
appeal criminal-history criminal-procedure criminal-sentencing district-court due-process evidentiary-rulings fair-trial federal-sentencing-guidelines offense-level reasonable-doubt restitution sentencing sentencing-guidelines |
Did the District Court use an incorrect criminal history category to sentence Ms. Hedspeth? |
| 18-8826 |
Omar Christopher Miller v. United States |
Second Circuit |
2019-04-15 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
circuit-split constitutional-rights criminal-procedure due-process impartial-jury juror-bias jury-impartiality law-enforcement sixth-amendment |
Whether the Sixth Amendment right to an impartial jury is violated |
| 18-8827 |
David McShan v. United States |
Sixth Circuit |
2019-04-15 |
Denied |
Response WaivedIFP |
berger-standard berger-v-united-states criminal-procedure due-process evidence evidence-fabrication jury-bias nelson-v-colorado presumption-of-innocence prosecutorial-misconduct sentencing trial-fairness |
Where the government's case against a defendant is extremely weak, does the prosecutor's persistent misconduct during trial by making improper insinua… |
| 18-8828 |
Dante Overby v. Pennsylvania |
Pennsylvania |
2019-04-15 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure double-jeopardy due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel overreach plea-bargaining speedy-trial |
Does the guilty plea induced by an 'illusory promise' violate the 6th Amendment? |
| 18-8831 |
Javier Contreras Vargas v. United States |
Fifth Circuit |
2019-04-15 |
Denied |
Response WaivedIFP |
appeal-waiver booker booker-remedy constitutional-challenge criminal-procedure due-process plea-agreement public-policy sentencing-enhancement sentencing-guidelines |
Does a sentence-appeal waiver frustrate the remedy fashioned by this Court in U.S. v. Booker, thereby rendering the waiver unconstitutional or void as… |
| 18-8834 |
José Amaya-Vasquez v. United States |
Third Circuit |
2019-04-15 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review criminal-procedure due-process judicial-discretion prior-bad-acts reasonableness reasonableness-standard sentencing sentencing-review |
Whether the Court erred by considering the prior bad acts in the determination of the appropriate sentence? |
| 18-8810 |
Pedro Martinez-Negrete v. United States |
Fifth Circuit |
2019-04-12 |
Denied |
Response WaivedIFP |
advisory-guideline-range clear-error criminal-defendant criminal-procedure defendant-appellant government-response plain-error-review sentencing-guidelines |
Where a criminal defendant shows that the district court made a clear legal error when applying the U.S. Sentencing Guidelines, but the government res… |
| 18-8811 |
Antonio Darset King, Sr. v. United States |
Eleventh Circuit |
2019-04-12 |
Denied |
Response WaivedIFP |
4th-amendment civil-rights criminal-procedure due-process ineffective-assistance-of-counsel ineffective-counsel search-and-seizure search-warrant sixth-amendment standing voir-dire |
Whether the United States Court of Appeals erred in failing to grant petitioner King relief as to the denial of his motion to suppress the search warr… |
| 18-8814 |
Michael Perales v. United States |
Fifth Circuit |
2019-04-12 |
Denied |
Response WaivedIFP |
appeal criminal-procedure district-court due-process objection preservation-of-error sentencing substantial-arguments |
Whether parties to a criminal action must lodge a separate objection to the failure of a district court to address substantial arguments for a differe… |
| 18-8785 |
Temarco Sartorio Pope, Jr. v. United States |
Eighth Circuit |
2019-04-11 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
2nd-amendment civil-rights concealed-carry criminal-procedure due-process fourth-amendment law-enforcement police-powers reasonable-suspicion terry-stop |
Whether law enforcement can presume any concealed carry of a firearm is unlawful and conduct a Terry stop when the state statute does not criminalize … |
| 18-8792 |
Mario Devant Cheers v. United States |
Fifth Circuit |
2019-04-11 |
Denied |
Response WaivedIFP |
aggravated-robbery career-offender constitutional-law criminal-law criminal-procedure due-process fifth-circuit-precedent mandatory-guidelines mandatory-minimum residual-clause sentencing sentencing-guidelines vagueness vagueness-doctrine |
Whether the Fifth Circuit misapplied Beckles to Mr. Cheers's pre-Booker sentence in light of Supreme Court precedent |
| 18-8794 |
Ricky Raymond Ball v. United States |
Eighth Circuit |
2019-04-11 |
Denied |
Response WaivedIFP |
appeal-waiver criminal-procedure due-process judicial-explanation manifest-injustice plea-agreement plea-bargaining supervised-release |
Whether Mr. Ball can be held to his waiver under Fed. R. Crim. P. 11(b)(1)(N) |
| 18-8802 |
Eli Vernon, III, aka Eli Mims v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-04-11 |
Denied |
Relisted (2)IFP |
counsel-objection criminal-procedure due-process duren-analysis duren-v-missouri equal-protection ineffective-assistance-of-counsel jury-selection peremptory-challenge peremptory-challenges strickland-standard strickland-v-washington systematic-exclusion |
Does the first prong in Duren v Missouri establish a systematic exclusion for counsel to object? |
| 18-8767 |
Antonio Slaton v. United States |
Eleventh Circuit |
2019-04-10 |
Denied |
Response WaivedIFP |
alford-plea criminal-procedure double-jeopardy due-process evidence evidence-of-innocence federal-procedure federal-sentencing federal-supervised-release revocation-hearing supervised-release |
Whether a state conviction entered via an Alford plea creates an irrebuttable presumption such that a defendant in a federal supervised release revoca… |
| 18-8773 |
Emmanuely Germain v. United States |
Eleventh Circuit |
2019-04-10 |
Denied |
IFP |
criminal-procedure criminal-procedure-error essential-elements harmless-error jurisdiction jury-instructions statutory-interpretation sufficiency-of-evidence uncharged-offense venue venue-error |
Is the omission of an essential element of an offense from jury instructions harmless if there is sufficient evidence to support a conviction of a rel… |
| 18-8777 |
Salim Abdu Gould v. North Carolina |
North Carolina |
2019-04-10 |
Denied |
Response WaivedIFP |
admissibility-of-evidence criminal-procedure double-jeopardy due-process indictment ineffective-assistance-of-counsel self-representation subject-matter-jurisdiction |
Whether the petitioner was denied due process and the right to self-representation before the appointment of counsel and during the motions entertaine… |
| 18-8778 |
Fred Huffman v. Dana Metzger, Warden, et al. |
Third Circuit |
2019-04-10 |
Denied |
Response WaivedIFP |
americans-with-disabilities-act constitutional-amendment criminal-procedure double-jeopardy due-process equal-justice ex-post-facto-law judicial-vindictiveness redress-of-grievance retroactive-sentencing time-bar |
Retroactive amendment of U.S. Constitution's ex-post facto law |
| 18-8781 |
Kerri L. Kaley v. United States |
Eleventh Circuit |
2019-04-10 |
Denied |
Response WaivedIFP |
apprendi-rule apprendi-v-new-jersey constitutional-law criminal-fines criminal-procedure criminal-restitution due-process jury-finding jury-findings jury-trial sentencing southern-union-co-v-united-states |
Should the rule of Apprendi apply to the imposition of criminal restitution? |
| 18-8782 |
Cesar Lopez-Rodriguez v. United States |
Fifth Circuit |
2019-04-10 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 18-8732 |
Leonoris Miller v. Mark S. Inch, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2019-04-10 |
Denied |
Response WaivedIFP |
child-victim criminal-procedure due-process fair-trial habeas-corpus jury jury-deliberations video-evidence video-interview |
Whether permitting the jury to review child victim's video interview during deliberations denied Petitioner his right to a fair trial and due process |
| 18-8733 |
Russell T. McElvain v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-04-10 |
Denied |
IFP |
civil-rights criminal-procedure double-jeopardy due-process equal-protection federalism self-incrimination statutory-interpretation |
Can a state enact a statute that combines the use of older, established statutes as the ways and means to commit the new statutes crime, merely erodin… |
| 18-8755 |
Matthew Ryan Murdoch v. United States |
Sixth Circuit |
2019-04-10 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-law criminal-procedure criminal-restrictions due-process first-amendment freedom-of-speech liberty liberty-interest sentencing sex-offender statutory-interpretation |
Whether a lifetime prohibition on going to 'locations where any form of pornography, sexually stimulating performances, or sexually oriented material,… |
| 18-8738 |
Noe Machado-Erazo and Jose Martinez-Amaya v. United States |
District of Columbia |
2019-04-09 |
Denied |
Response WaivedIFP |
circuit-split criminal-law criminal-law-procedure criminal-procedure due-process harmless-error jury-trial physical-force sixth-amendment statutory-interpretation |
Whether an act of omission can constitute the 'use, attempted use, or threatened use of physical force' under 18 U.S.C. §924(c)(8)(A) |
| 18-8739 |
Armando Lopez v. Massachusetts |
Massachusetts |
2019-04-09 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
ammunition burden-of-proof burden-shifting constitutional-rights criminal-defendant criminal-procedure due-process firearm firearm-possession unauthorized-possession |
Does the Due Process Clause permit the Commonwealth of Massachusetts to shift the burden to criminal defendants charged with unauthorized possession o… |
| 18-8743 |
Arturo Torres-Cabrera v. United States |
Fifth Circuit |
2019-04-09 |
Denied |
Response WaivedIFP |
apprendi-rule apprendi-v-new-jersey criminal-procedure due-process immigration-offense indictment-requirements prior-conviction sentencing sentencing-enhancement statutory-maximum |
Whether all facts - including the fact of a prior conviction ~ that increase a defendant's statutory maximum must be pleaded in the indictment and eit… |
| 18-8747 |
Valentin Aguilar-Lopez v. United States |
Fifth Circuit |
2019-04-09 |
Denied |
Response WaivedIFP |
apprendi-v-new-jersey criminal-procedure due-process prior-conviction sentencing statutory-maximum |
Whether all facts - including the fact of a prior conviction - that increase a defendant's statutory maximum must be pleaded in the indictment and eit… |
| 18-8749 |
Marvin Earl Blanks, Jr. v. United States |
Fourth Circuit |
2019-04-09 |
Denied |
Response WaivedIFP |
18-usc-3553 appellate-review criminal-procedure due-process judicial-discretion judicial-reasoning sentencing sentencing-guidelines statutory-interpretation |
Whether the district court fulfilled its obligation under 18 U.S.C. § 3553(c) to announce the reasons for its sentencing decision |
| 18-8760 |
James Bernard Jones, Jr. v. United States |
Eleventh Circuit |
2019-04-09 |
Denied |
Response WaivedIFP |
acca career-offender career-offender-enhancement constitutional-challenge criminal-procedure due-process florida-battery-on-law-enforcement habeas-corpus johnson-v-united-states non-violent-felony sentencing-enhancement sessions-v-dimaya unconstitutional violent-felony |
Whether a sentence as a career offender (ACCA) is valid when a prior violent offense conviction (Florida battery on law enforcement), deemed unconstit… |
| 18-1282 |
David Lee Sanders v. Alabama |
Alabama |
2019-04-09 |
Denied |
Response Waived |
constitutional-rights criminal-procedure double-jeopardy due-process illegal-plea plea-agreement plea-bargaining probation reversal sentencing speedy-trial |
Whether a criminal defendant who pleads guilty pursuant to an illegal plea agreement is entitled to include the time from his original arrest until re… |
| 18-8761 |
Arthur Jones v. California |
California |
2019-04-09 |
Denied |
Response WaivedIFP |
8th-amendment civil-rights constitutional-law criminal-procedure due-process jury-trial sentencing |
Whether the California Penal Code §1192.7(c) that removes assessment of fact from the jury used to increase punishment is unconstitutional under the A… |
| 18-8762 |
Jason Curtis Brown v. United States |
Sixth Circuit |
2019-04-09 |
Denied |
Response WaivedIFP |
6th-amendment constitutional-rights criminal-procedure double-jeopardy due-process fifth-amendment indictment remand standing superceding-indictment superseding-indictment |
Whether Brown's Fifth Amendment right to double jeopardy, due process and the expressed terms of the 6th Cir. Court of Appeals limited remand order we… |
| 18-8763 |
Terry Walker v. United States |
Seventh Circuit |
2019-04-09 |
Denied |
Response WaivedIFP |
criminal-procedure due-process judicial-fact-finding jury-finding jury-trial plea-agreement plea-bargaining recharaterization sentencing sixth-amendment statutory-interpretation |
Can a sentencing court consistent with the Sixth Amendment recharacterize a defendant's conviction into conduct that was neither found by a jury or ju… |
| 18-8690 |
Dagoberto Ontiveros v. Michael Pacheco, Warden, et al. |
Tenth Circuit |
2019-04-08 |
Denied |
Response WaivedIFP |
anders-appeal anders-v-california appellate-review constitutional-law criminal-procedure defendant-rights direct-appeal due-process legal-ethics legal-frivolity right-to-counsel |
Whether a finding of frivolity is required when rejecting a criminal defendant's direct appeal under Anders v. California |
| 18-8719 |
Ciaran Paul Redmond v. United States |
Ninth Circuit |
2019-04-08 |
Denied |
IFP |
appellate-review circuit-conflict criminal-procedure criminal-procedure-appeal federal-jurisdiction judicial-notice jurisdictional-element jury-instructions jury-trial sentencing standards-of-review statutory-interpretation |
Whether, after a jury trial, a federal court of appeals can take judicial notice of evidence submitted by the government for the first time on appeal … |
| 18-8727 |
Corey Wiggins v. Stanley Payne, Warden |
Eighth Circuit |
2019-04-08 |
Denied |
IFP |
certificate-of-appealability constitutional-rights criminal-procedure failure-to-investigate habeas-claim habeas-corpus ineffective-assistance ineffective-assistance-of-counsel second-degree-murder sixth-amendment voluntary-manslaughter |
Whether the Eighth Circuit Court of Appeals erred in refusing to grant a certificate of appealability |
| 18-8728 |
Joseph Christen Thoresen v. Minnesota |
Minnesota |
2019-04-08 |
Denied |
IFP |
corroborating-testimony credibility credibility-of-witnesses criminal-procedure criminal-procedure-due-process-jury-instructions-d criminal-procedure-jury-instructions drug-addiction due-process forensic-evidence jury-instruction jury-instructions methamphetamine prejudicial-evidence prejudicial-information witness-credibility |
Whether the court below erroneously held, in conflict with the decisions of two circuits, that a special jury instruction was not warranted when consi… |
| 18-8729 |
Alan Kenneth Thompson, Jr. v. United States |
Eleventh Circuit |
2019-04-08 |
Denied |
Response WaivedIFP |
appellate-procedure constitutional-claims constitutional-law criminal-law criminal-procedure due-process habeas-corpus plea-bargaining statutory-interpretation subject-matter-jurisdiction united-states-v-peter |
Whether the ambiguousness of the term 'material' within Title 18 USC 2252A(a)(2)(B) gives unintended breadth to District Courts to accept pleas of gui… |
| 18-8675 |
Joshua Sedillo v. United States |
Tenth Circuit |
2019-04-05 |
Denied |
Response WaivedIFP |
appellate-procedure appellate-review circuit-precedent criminal-procedure criminal-sentencing district-court due-process gall-v-united-states judicial-review rita-v-united-states sentencing sentencing-guidelines sentencing-variance variance |
Is the Tenth Circuit precedent allowing a district court to say nothing when a reasonable request for a variance is made at sentencing consistent with… |
| 18-8714 |
Kenneth Whigham, Jr., aka Kenneth Pringle v. United States |
First Circuit |
2019-04-05 |
Denied |
Response WaivedIFP |
Almendarez-Torres-v-United-States constitutional-challenge criminal-procedure due-process jury-submission jury-trial prior-conviction prior-convictions reasonable-doubt sentencing sentencing-enhancement supreme-court-precedent |
Whether this Court's decision in Almendarez-Torres v. United States, 523 U.S. 224 (1998), which held that the allegation of a prior conviction need no… |
| 18-8715 |
Quillie Merle Spray v. Kelly A. Ryan, Superintendent, State Correctional Institution at Shirley |
First Circuit |
2019-04-05 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure effective-counsel fair-trial insanity-defense mental-evaluation sixth-amendment |
Whether the Court of Appeals correctly decided an important question of constitutional law: that the Petitioner was denied his right to effective coun… |
| 18-8688 |
Frederick A. McShan v. United States |
Sixth Circuit |
2019-04-04 |
Denied |
Response WaivedIFP |
civil-rights constitutional-provisions criminal-procedure double-jeopardy due-process fundamental-rights ineffective-assistance-of-counsel judicial-misconduct judicial-review legal-interpretation procedural-rights record statutory-provisions |
Whether the District Court erred in denying the appellant's due process and fundamental fairness claims |
| 18-8689 |
Joel Glaston Muir v. Tammy Ferguson, Superintendent, State Correctional Institution at Phoenix, et al. |
Third Circuit |
2019-04-04 |
Denied |
IFP |
clear-record constitutional-rights criminal-homicide criminal-procedure due-process eyewitness-testimony habeas-corpus ineffective-assistance ineffective-assistance-of-counsel known-eyewitness legal-review lesser-degree-homicide postconviction-review right-to-counsel standard-of-review trial-counsel trial-strategy |
Whether initial-postconviction review counsel provided ineffective assistance |
| 18-8698 |
Marcel A. Walton v. United States |
Seventh Circuit |
2019-04-04 |
Denied |
Response WaivedIFP |
clear-error clear-error-analysis criminal-procedure due-process false-and-misleading government-assertions material-facts non-record-facts sentencing |
Can a sentencing court rely upon government assertions concerning material, non-record facts? |
| 18-8700 |
Dorian Givens v. United States |
Fifth Circuit |
2019-04-04 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review circuit-split criminal-procedure due-process federal-sentencing judicial-discretion sentencing standard-of-review supervised-release |
What is the proper standard of appellate review for sentences imposed on defendants following revocation of supervised release? |
| 18-8681 |
Jamal James Carmouche v. Jason Kent, Warden |
Fifth Circuit |
2019-04-03 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-conviction criminal-procedure due-process evidence-sufficiency fifth-circuit-error ineffective-assistance ineffective-assistance-of-counsel judicial-review malicious-prosecution standard-of-review sufficiency-of-evidence trial-counsel trial-record |
Whether there was sufficient evidence to convict Mr. Carmouche of a crime? |
| 18-8676 |
Ronald Smith v. United States |
Ninth Circuit |
2019-04-02 |
Denied |
Response WaivedIFP |
counsel criminal-procedure district-court due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-review legal-remedy post-conviction-relief sixth-amendment |
Whether the district court violated Petitioner's Sixth Amendment rights by failing to return him to his original position absent the ineffective assis… |
| 18-8677 |
Patrick Lloyd v. United States |
Second Circuit |
2019-04-02 |
Denied |
IFP |
circuit-split criminal-procedure due-process guilty-plea harmless-error plea-bargaining rule-11 standing united-states-v-dominguez-benitez |
Whether Dominguez Benitez's harmless error rule applies to Rule 11(b)(1)(G)'s requirement that before a guilty plea can be accepted the district court… |
| 18-8642 |
DeJuan Leshae Hill v. United States |
Tenth Circuit |
2019-04-01 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
18-usc-1951 18-usc-924c 28-usc-2255 2nd-amendment 2nd-amendment-rights certificate-of-appealability criminal-procedure criminal-statute due-process federal-jurisdiction firearm-offense habeas-corpus hobbs-act post-conviction-relief sentencing tenth-circuit unconstitutionality |
Whether the Tenth Circuit erred in failing to address the unconstitutionality of use and carry of a firearm under 18 U.S.C. § 924(c) offenses, in rela… |
| 18-8643 |
Joseph Lee Flores v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-04-01 |
Denied |
IFP |
bias criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel juror-bias jury-selection sixth-amendment trial-counsel voir-dire |
WHETHER VENIREMAN WHO STATED DURING VOIR DIRE THAT HIS ABILITY TO BE FAIR WOULD BE AFFECTED BY PRIOR EXPERIENCE WITH CRIME EXPRESS BIAS; RENDERING COU… |
| 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 |
| 18-8646 |
Norman Hampton v. Gregory McLaughlin, Warden |
Georgia |
2019-04-01 |
Denied |
Response WaivedIFP |
appeal civil-rights criminal-procedure due-process federal-courts habeas-corpus sentencing state-courts |
Was the petitioner's sentence pronounced unlawfully? |
| 18-8649 |
Bradley Cobbler, aka B-Rad v. United States |
District of Columbia |
2019-04-01 |
Denied |
Response WaivedIFP |
abuse-of-discretion criminal-procedure district-court due-process guilty-plea ineffective-assistance-of-counsel judicial-discretion motion-to-withdraw plea-bargaining plea-withdrawal sentencing withdrawal-of-plea |
Whether the District Court erred by partially denying Mr. Cobbler's Amended Motion to Withdraw Plea of Guilty? |
| 18-8602 |
Enrico M. Ponzo v. United States |
First Circuit |
2019-03-29 |
Denied |
Response WaivedIFP |
civil-rights criminal-justice criminal-procedure due-process evidence false-affidavit false-statements franks-doctrine franks-v-delaware judicial-review law-enforcement-misconduct probable-cause sanctions standing |
Whether Franks v. Delaware should be revisited to allow sanctions for false affiant declarations even if there remains probable cause in the absence o… |
| 18-8619 |
In Re Derrell L. Gilchrist |
|
2019-03-29 |
Denied |
IFP |
18-usc-924 criminal-law criminal-procedure criminal-sentencing due-process first-step-act habeas-corpus miscarriage-of-justice section-2241 section-924c sentencing statutory-interpretation |
Can petitioner seek relief pursuant to 28 U.S.C § 2241 to address clarification of 18 U.S.C. § 924(c)(1)(C) in the First Step Act of 2018? |
| 18-8621 |
Roummel Ingram v. John Prelesnik, Warden |
Sixth Circuit |
2019-03-29 |
Denied |
Response WaivedRelisted (2)IFP |
constitutional-rights criminal-procedure due-process evidentiary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel public-trial sixth-amendment sixth-circuit |
Whether Mr. Ingram is entitled to a new trial due to ineffective-assistance-of-counsel |
| 18-8623 |
Justin Cole Milam v. United States |
Fourth Circuit |
2019-03-29 |
Denied |
Response WaivedIFP |
appeal-waiver constitutional-review criminal-procedure due-process fifth-amendment fourteenth-amendment ineffective-assistance-counsel ineffective-assistance-of-counsel plea-agreement plea-bargaining sentencing standard-of-review |
Are appeal waivers in federal criminal plea agreements unconstitutional? |
| 18-8626 |
Aaron Murray v. United States |
Sixth Circuit |
2019-03-29 |
Denied |
Response WaivedIFP |
arrest constitutional-rights criminal-procedure defense-counsel due-process federal-criminal-procedure initial-appearance magistrate-judge plea-bargaining plea-hearing right-to-counsel |
Was Petitioner Aaron Murray Entitled to an initial appearance before a United States Magistrate Judge under Fed. R. Criminal P Rule 5? |
| 18-8629 |
Rogelio Barajas v. United States |
Eleventh Circuit |
2019-03-29 |
Denied |
Response WaivedIFP |
14th-amendment 5th-amendment civil-procedure due-process equal-protection standing appeals civil-rights criminal-procedure due-process search-and-seizure sentencing |
Whether the district court erred in denying Petitioner's motion to suppress evidence obtained in violation of the Fourth Amendment |
| 18-8630 |
Joseph Christopher Birdtail v. United States |
Ninth Circuit |
2019-03-29 |
Denied |
Response WaivedIFP |
criminal-procedure discovery due-process evidentiary-hearing federal-rules-of-civil-procedure habeas-corpus habeas-proceedings ineffective-assistance-of-counsel plea-agreement plea-bargaining plea-withdrawal section-2255 |
Is it error for a district court to deny either discovery proceedings or an evidentiary hearing under the Federal Rules Governing Section 2255 Proceed… |
| 18-8636 |
Brian Hoskins v. United States |
Second Circuit |
2019-03-29 |
Denied |
IFP |
criminal-procedure custis-v-united-states federal-guidelines federal-sentence federal-sentences federal-sentencing-guidelines habeas-corpus plea-bargaining post-conviction-relief sentencing sentencing-enhancement state-conviction state-convictions |
Whether a defendant who succeeds in vacating a state conviction that enhanced a federal sentence may apply for resentencing under 28 U.S.C. § 2255 |
| 18-8638 |
Michael Bennefield v. Georgia |
Georgia |
2019-03-29 |
Denied |
Response WaivedIFP |
constitutional-safeguards criminal-procedure due-process fair-trial guilt-determination jurisdiction jurisdictional-defect plea-bargaining plea-proceedings procedural-validity standing structural-defects |
When Structural Jurisdictional defects prevent a fair proceeding, can any reliable determination of guilt or innocence be deemed fair? |
| 18-1259 |
Brett Jones v. Mississippi |
Mississippi |
2019-03-29 |
Judgment Issued |
Amici (14)Response RequestedResponse WaivedRelisted (4) |
criminal-procedure cruel-and-unusual-punishment eighth-amendment juvenile-sentencing life-without-parole permanent-incorrigibility sentencing-authority |
Whether the Eighth Amendment requires the sentencing authority to make a finding that a juvenile is permanently incorrigible before imposing a sentenc… |
| 18-1254 |
Jeremiah L. King v. United States |
Armed Forces |
2019-03-28 |
Denied |
Response Waived |
child-pornography criminal-conviction criminal-procedure due-process evidentiary-facts fifth-amendment permissive-inference search-terms sufficiency-of-evidence |
Whether the Court of Appeals relied upon permissive inferences that violated the Due Process Clause of the Fifth Amendment in finding Petitioner's con… |
| 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 … |
| 18-8604 |
Ivan Vazquez-Gonzalez v. United States |
Seventh Circuit |
2019-03-28 |
Denied |
IFP |
28-usc-2255 appeals criminal-procedure federal-criminal-procedure habeas-corpus ineffective-assistance right-to-counsel rule-35 sentence-modification sentencing statute-of-limitations |
Whether a district court's modification of sentence under Rule 35, Fed. R. Crim. P., resets the one-year clock under 28 U.S.C. §2255(f)(1) for a timel… |
| 18-8611 |
Elicia Bailey v. Jeremy Gasaway |
Texas |
2019-03-28 |
Denied |
IFP |
constitutional-challenge constitutional-law criminal-act criminal-procedure cruel-and-unusual-punishment due-process family-court family-law harsh-penalties subject-matter-jurisdiction |
Do family courts hold subject-matter jurisdiction to find guilt of a criminal act and subsequently impose harsh penalties without due process in a cri… |
| 18-8616 |
Parley Drew Hardman v. United States |
Sixth Circuit |
2019-03-28 |
Denied |
Response WaivedIFP |
conclusion constitutional-provisions criminal-procedure due-process equal-protection felon-in-possession index second-amendment sentencing statutory-provisions table-of-contents |
Whether the petitioner's conviction and sentence for possession of a firearm by a felon under 18 U.S.C. § 922(g)(1) violates the Second Amendment |
| 18-8617 |
Kristen Patrick Doyle v. United States |
Fourth Circuit |
2019-03-28 |
Denied |
Response WaivedIFP |
appeal appeals circuit-court-review criminal-procedure due-process habeas-corpus jurisdiction legal-motion-type mens-rea sentencing sentencing-enhancement statutory-interpretation |
Did the United States Court of Appeals for the Fourth Circuit err in its denial of Defendant - Appellant's Motion to be granted relief under the clari… |
| 18-8584 |
Antwan Jones v. United States |
Seventh Circuit |
2019-03-27 |
Denied |
Response WaivedIFP |
conspiracy constitutional-challenge criminal-conspiracy criminal-law criminal-procedure drug-statute due-process federal-indictment federal-jurisdiction mens-rea statutory-interpretation statutory-vagueness title-21-usc-846 vagueness |
Is Title 21 U.S.C. §846 ATTEMPT AND CONSPIRACY UNCONSTITUTIONALLY VAGUE BECAUSE IT FAILS TO PROVIDE THE REQUIRED ESSENTIAL ELEMENT THAT THE DEFENDANT … |
| 18-8585 |
Zhordrack Bloodywone v. Joseph Bellnier, Superintendent, Marcy Correctional Facility, et al. |
Second Circuit |
2019-03-27 |
Denied |
Response WaivedRelisted (2)IFP |
4th-amendment 6th-amendment criminal-procedure due-process privacy right-to-counsel 6th-amendment appellate-jurisdiction constitutional-rights criminal-procedure due-process federal-appeals judicial-review prosecutorial-misconduct right-to-counsel trial-court |
Whether the petitioner's due process rights were violated by the prosecution's misconduct and the trial court's denial of his request for appointment … |
| 18-8586 |
Roderick Black v. United States |
Fourth Circuit |
2019-03-27 |
Denied |
Response WaivedIFP |
attorney-licensing constitutional-law constitutional-violation criminal-procedure due-process habeas-corpus ineffective-assistance-counsel ineffective-assistance-of-counsel right-to-counsel sixth-amendment standing |
Whether the petitioner's sentence should be vacated in light of his trial attorney not being duly licensed to practice law in violation of his Sixth A… |
| 18-8589 |
Demetrius S. Rankin v. United States |
Fifth Circuit |
2019-03-27 |
Denied |
Response WaivedIFP |
anders-brief appellate-procedure appellate-review circuit-split constitutional-law court-appointed-counsel criminal-procedure due-process fifth-circuit ineffective-assistance legal-ethics legal-standards procedural-review right-to-counsel |
Whether the Fifth Circuit Court of Appeals misapplied and ignored the procedural pronouncements made in Anders v. California |
| 18-8590 |
Harlin Argelio Ramos v. Utah |
Utah |
2019-03-27 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure ineffective-assistance-of-counsel jury-instructions prejudice self-defense |
Did the Utah appellate court err in holding that the erroneous jury instruction, which impermissibly shifted the burden of proof onto Petitioner/Defen… |
| 18-8593 |
Dontae Callen v. Alabama |
Alabama |
2019-03-27 |
Denied |
IFP |
affidavit appellate-review criminal-procedure death-penalty fourth-amendment jury-unanimity probable-cause search-warrant separate-affidavit |
Where an affidavit does not support a finding of probable cause for the issuance of a search warrant, can a reviewing court consider information from … |
| 18-8544 |
Keith J. Myles v. Florida |
Florida |
2019-03-26 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure due-process equal-protection fair-trial impartial-jury jury standing |
Was the petitioner's constitutional rights violated? |
| 18-8549 |
Keith D. Goodman v. I. D. Hamilton, Warden |
Fourth Circuit |
2019-03-26 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure district-court due-process facial-unconstitutionality fourth-circuit habeas habeas-corpus second-or-successive second-successive-petition standing statutory-interpretation unconstitutional-statute |
Whether a § 2254 (habeas) claim of a conviction under a facially unconstitutional statute is sufficient to overcome a statutory 'second or successive'… |
| 18-8551 |
Ikemefula Charles Ibeabuchi v. Arizona |
Arizona |
2019-03-26 |
Denied |
Response WaivedIFP |
appeals appellate-procedure civil-procedure-appeal civil-rights constitutional-rights court-of-appeals criminal-procedure due-process judicial-review jurisdiction legal-standard motion-for-relief self-representation standing timeliness |
Whether or not the Court of Appeals, State of Arizona, correctly viewed Appellant's Motion To Dismiss this Appeal, submitted pursuant to Arizona Rules… |
| 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… |
| 18-8558 |
Jorge Edwin Rivera v. United States |
Ninth Circuit |
2019-03-26 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure federal-criminal-procedure federal-rules-of-criminal-procedure guidelines judicial-discretion plain-error plain-error-review sentencing sentencing-guidelines substantial-rights supervised-release |
Whether a district court's imposition of a term of supervised release double the Guidelines range without first calculating the range or providing an … |
| 18-8562 |
Joseph Charles Tice v. Rupert Markley Dennis, Jr. |
Fourth Circuit |
2019-03-26 |
Denied |
IFP |
civil-rights conditional-freedom criminal-procedure due-process habeas-corpus parole standing |
Did Ruger' Mockdey Dennis Se Aepgerd Leow Woe accepted ana) Usual Course of Pre. \\udicral groceedinags ? |
| 18-8566 |
John Bartholomew Lowe v. Mississippi |
Mississippi |
2019-03-26 |
Denied |
Response WaivedIFP |
burden-of-proof circumstantial-evidence civil-procedure criminal-procedure direct-evidence evidence jury-instructions standard-of-review |
Whether multiple instances of circumstantial evidence can accumulate and become direct evidence? |
| 18-8568 |
David Piper v. United States |
Fifth Circuit |
2019-03-26 |
Denied |
Response WaivedIFP |
abuse-of-discretion compulsory-process criminal-procedure defense-witnesses due-process federal-rules-of-criminal-procedure habeas-corpus sixth-amendment standard-of-review trial-rights witness-production |
Whether Petitioner was deprived of compulsory process under the Due Process Clause and Compulsory Process Clause |
| 18-8574 |
William Burton v. Delaware |
Delaware |
2019-03-26 |
Denied |
Response WaivedIFP |
criminal-procedure evidence fair-trial fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel plea-bargaining plea-of-not-guilty prosecutorial-evidence right-to-counsel sixth-amendment |
Did petitioner's attorney provide ineffective assistance of counsel? |
| 18-8575 |
Jose Camargo-Alejo, aka Jessica Camargo-Alejo v. United States |
Ninth Circuit |
2019-03-26 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure due-process entrapment entrapment-defense jury-instruction jury-instructions law-enforcement-intent ninth-circuit-precedent objective-theory sorrells-v-united-states subjective-theory |
Whether a court may decline to instruct a jury on an entrapment defense because the government agents did not objectively intend to induce a crime |
| 18-8578 |
DeMarius L. Williams v. Illinois |
Illinois |
2019-03-26 |
Denied |
IFP |
4th-amendment civil-rights constitutional-rights criminal-procedure due-process ineffective-assistance-of-counsel post-conviction-relief prosecutorial-misconduct search-and-seizure sufficiency-of-evidence |
Whether petitioner's Fourth Amendment rights were violated when he was convicted of possession with intent to deliver a controlled substance beyond a … |
| 18-1247 |
Robert Alan Ries v. Oregon |
Oregon |
2019-03-26 |
Denied |
Response Waived |
affidavit blood-sample constitutional-rights criminal-procedure fourth-amendment particularity-requirement probable-cause search-and-seizure warrant-particularity |
Does a warrant commanding the police to seize a blood sample from a person with an entirely different name than the defendant violate the Fourth Amend… |
| 18-1241 |
Demetrius Jackson v. Ohio |
Ohio |
2019-03-25 |
Denied |
|
child-protective-services criminal-procedure fifth-amendment police-interrogation right-to-counsel self-incrimination sixth-amendment |
Whether interrogations by state-employed child protective services caseworkers violate the Fifth and Sixth Amendments, where the caseworkers are requi… |
| 18-8540 |
Eric David Bennett v. United States |
Fourth Circuit |
2019-03-25 |
Denied |
Response WaivedIFP |
18-usc-3742 appellate-review booker booker-standard circuit-split criminal-procedure sentencing sentencing-review standard-of-review supervised-release united-states-v-booker |
Whether the appropriate standard of review for a sentence following the revocation of supervised release is the 'plainly unreasonable' standard or the… |
| 18-8541 |
In Re Randy A. Jones |
|
2019-03-25 |
Denied |
Response WaivedRelisted (2)IFP |
cell-site-simulator civil-rights criminal-procedure due-process fourth-amendment honeycutt-v-united-states legal-representation lis-pendens luis-v-united-states right-to-counsel takings warrantless-search |
Did the government violate this petitioner's rights, creating a flaw so grave that it rendered the proceedings unreliable? |
| 18-8547 |
Zachary Joseph Biggs v. Washington |
Washington |
2019-03-25 |
Denied |
IFP |
appellate-review criminal-intent criminal-procedure diminished-capacity first-degree-rape ineffective-assistance ineffective-assistance-of-counsel mens-rea ninth-circuit prejudice |
Did the Washington State Appellate Court err in finding that Mr. Biggs was not prejudiced by his trial counsel's failure to raise the defense of dimin… |
| 18-8487 |
Kevin Neysmith v. Pennsylvania |
Pennsylvania |
2019-03-22 |
Denied |
IFP |
4th-amendment birchfield-precedent birchfield-v-north-dakota blood-alcohol blood-alcohol-content criminal-procedure evidence-admissibility fourth-amendment fruits-of-the-poisonous-tree o-connell-warnings o'connell-warnings search-warrant warrantless-search |
Whether the Fourth Amendment prohibits State judicial systems from admitting evidence of blood alcohol content obtained without a search warrant |
| 18-8489 |
Danny R. Moore v. Gene Beasley, Warden |
Eighth Circuit |
2019-03-22 |
Denied |
Response WaivedIFP |
appellate-review criminal-law criminal-procedure habeas-corpus judicial-precedent mathis-decision retroactivity saving-clause section-2255 sentencing statutory-interpretation |
Whether this Court's decision in Mathis v. United States,136 S. Ct. 2243 (2016) should apply |
| 18-8496 |
Anthony Swatzie v. United States |
Eleventh Circuit |
2019-03-22 |
Denied |
Response WaivedIFP |
28-usc-2255 constitutional-decision criminal-defendant criminal-procedure district-court-judgment due-process federal-statute federal-statutory-provision habeas-corpus retroactive-constitutional-decision retroactive-relief retroactivity section-2255 sentencing silent-record statutory-interpretation successive-motion |
Whether a criminal defendant is entitled to relief under a retroactive constitutional decision invalidating a federal statutory provision |
| 18-8512 |
DaRen Kareem Gadsden v. United States |
Fourth Circuit |
2019-03-22 |
Denied |
Response WaivedIFP |
criminal-procedure double-jeopardy due-process judicial-integrity judicial-proceedings multiplicitous-sentence plain-error remand rosales-mireles-standard sentencing sentencing-review substantial-rights |
Whether a multiplicitous sentence issue can be raised at any time |
| 18-8514 |
Jonathan Leroy Homedew v. United States |
Eighth Circuit |
2019-03-22 |
Denied |
Response WaivedIFP |
abuse-of-discretion co-defendant co-defendants criminal-procedure district-court due-process judicial-discretion plea-arrangement plea-bargaining procedural-rights right-to-be-present speedy-trial waiver |
Whether Petitioner waived Speedy-Trial-Rights based on Co-defendants-Plea-arrangements |
| 18-8519 |
Frederick H. Banks v. United States |
Third Circuit |
2019-03-22 |
Denied |
Response WaivedIFP |
civil-procedure civil-rights criminal-procedure due-process error-coram-nobis foreign-intelligence-surveillance-act jurisdiction revocation-proceeding standing |
Did the appeals court and/or district court err in denying the petition for a writ of error coram nobis to vacate the criminal conviction and affirmin… |
| 18-8521 |
Angel Galan v. United States |
Second Circuit |
2019-03-22 |
Denied |
Response WaivedIFP |
8th-amendment criminal-procedure due-process felon-in-possession firearm-offense ineffective-assistance obstruction-enhancement sentencing-guidelines sentencing-variance substantive-reasonableness upward-variance |
Whether the sentencing court's upward variance from 71 months to 84 months for felon in possession of a firearm was substantively unreasonable |
| 18-8522 |
Edwin Fernandez v. United States |
Third Circuit |
2019-03-22 |
Denied |
Response WaivedIFP |
Arizona-v-Gant criminal-procedure criminal-proceedings critical-stages ineffective-assistance ineffective-assistance-of-counsel Montejo-v-Louisiana presentence-investigation presentence-investigation-report right-to-counsel search-and-seizure search-doctrine Strickland-v-Washington |
Should a writ of certiorari be granted to address the shortcomings of counsel in light of Strickland-and-Montejo? |
| 18-8524 |
Tony Kalumba Tshiansi v. United States |
Fifth Circuit |
2019-03-22 |
Denied |
IFP |
criminal-procedure due-process factual-claims judicial-discretion objection presentence-report presumption-of-reliability reliability sentencing unjust-incarceration |
Whether the factual claims of a Presentence Report are presumed reliable in the face of objection? |
| 18-8526 |
Marcel Henderson v. United States |
First Circuit |
2019-03-22 |
Denied |
Response WaivedIFP |
5th-amendment 6th-amendment circuit-court-split criminal-procedure dixon-standard due-process fifth-amendment imminent-threat justification-defense sixth-amendment |
Were the petitioner's Fifth and Sixth Amendment rights violated by the ambiguity of the Dixon standard as applied regarding what constitutes a 'well-f… |
| 18-8533 |
Lance Williams v. California |
California |
2019-03-22 |
Denied |
Response WaivedIFP |
civil-rights criminal-appeal criminal-procedure due-process evidence evidence-admissibility habeas-corpus ineffective-appellate-counsel ineffective-assistance-of-counsel insufficiency-of-evidence intent invalid-illegal-strike perjury police-report prejudicial-1101(b)-evidence pro-se prosecutor-coercion prosecutorial-misconduct uncharged-act witness-credibility witness-description |
Whether the state courts erred in denying appeal on prejudicial 1101(B) evidence on uncharged act used to prove intent where the police report differs… |
| 18-8535 |
Daniel Arthur Heleva v. Michael Clark, Superintendent, State Correctional Institution at Albion, et al. |
Third Circuit |
2019-03-22 |
Denied |
Response WaivedIFP |
abuse-of-discretion constitutional-rights criminal-procedure defendant-representation due-process-violation ineffective-assistance ineffective-assistance-of-counsel interlocutory-appeal judicial-waiver jurisdiction prosecutorial-effectiveness prosecutorial-misconduct prosecutorial-overreach right-to-counsel trial-court-discretion waiver-of-constitutional-rights waiver-of-rights |
Whether state statutes provide pre-trial remedies for prosecutorial overreaching by interlocutory appeal, and whether defense counsel's failure to per… |
| 18-8503 |
In Re Leroy Lamont Wells |
|
2019-03-21 |
Denied |
IFP |
case-documentation circuit-court conviction correctional-institution criminal-conviction criminal-convictions criminal-procedure due-process habeas-corpus lane-county-circuit-court legal-status leroy-lamont-wells oregon-correctional-institution prison-records procedural-inquiry standing state-court |
Does Petitioner have three convictions in Lane County Circuit Court Case No.201404943, State of Oregon v. Leroy Lamont Wells, as of 12/12/2018, as pur… |
| 18-8504 |
John Whaley v. United States |
Second Circuit |
2019-03-21 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure criminal-sentencing due-process imprisonment procedural-reasonableness reasonableness sentencing sentencing-factors sentencing-guidelines supervised-release |
Whether the imposition of the same twenty-five year term of imprisonment and maximum term of supervised release was both procedurally and substantivel… |
| 18-8506 |
Jose Jaime Lopez v. United States |
Seventh Circuit |
2019-03-21 |
Denied |
Response WaivedIFP |
21-usc-846 7th-circuit 7th-circuit-precedent 851-colloquy abuse-of-statute appellate-review attempt-charge attempt-conviction civil-rights criminal-procedure drug-deal due-process indigent indigent-defendant indigent-status prior-conviction reasonable-doubt right-to-counsel seventh-circuit speculation standing substantial-step |
Whether petitioner was deprived of the right to counsel |
| 18-8510 |
Travis Thaniel v. Maryland |
Maryland |
2019-03-21 |
Denied |
Response WaivedIFP |
appellate-counsel criminal-procedure direct-appeal due-process federal-law ineffective-assistance ineffective-assistance-of-counsel retroactivity right-to-be-present right-to-presence state-law trial-counsel weaver-retroactivity weaver-v-massachusetts |
Does the federal law of Weaver v. Massachusetts, 137 S.Ct. 1899 (2017) have retroactive application in the state of Maryland? |
| 18-1230 |
Juan Zamudio v. United States |
Seventh Circuit |
2019-03-21 |
Denied |
|
4th-amendment circuit-split civil-rights criminal-procedure drug-trafficking due-process fourth-amendment nexus-requirement particularized-nexus probable-cause residence search-and-seizure search-warrant standing |
Whether a search warrant application that fails to provide any particularized nexus between an individual's alleged drug trafficking activity and the … |
| 18-8474 |
John Henneberry v. County of Alameda, California, et al. |
Ninth Circuit |
2019-03-20 |
Denied |
Response WaivedIFP |
4th-amendment 5th-amendment bench-warrant civil-procedure civil-rights criminal-procedure due-process fourth-amendment mail-fraud qualified-immunity rico-statute service-of-process |
When can a court allow faulty and fabricated service-by-mail of a criminal summons instead of personal service-by-sworn-officer? |
| 18-8476 |
Anthony Grandison v. Maryland |
Maryland |
2019-03-20 |
Denied |
Response WaivedIFP |
capital-sentencing collateral-consequences constitutional-due-process criminal-procedure death-penalty due-process harmless-error jury-instructions mitigating-factors sentencing sentencing-guidelines standard-of-proof |
Whether the Maryland Court of Appeals erred in finding that Grandison failed to prove he suffered significant collateral consequences from his unconst… |
| 18-8481 |
Ricky Thompson v. United States |
Sixth Circuit |
2019-03-20 |
Denied |
Response WaivedIFP |
conspiracy-evidence criminal-procedure discovery discovery-rules due-process government-disclosure government-investigation materiality sealed-affidavit sealed-records |
Did requiring the assertion of detail known only to the government to show 'materiality' impermissibly raise the threshold? |
| 18-8482 |
Lourdes Margarita Garcia v. United States |
Eleventh Circuit |
2019-03-20 |
Denied |
Response WaivedIFP |
brecht-standard constitutional-rights criminal-procedure critical-stage Cronic cronic-rule cronic-standard defense-counsel direct-appeal due-process eleventh-circuit hybrid-error prejudice structural-error trial-procedure |
Did the Eleventh Circuit err by holding this 'startling, intentional' violation of the defendant's constitutional and statutory rights did not constit… |
| 18-8483 |
Rafael Agosto v. Christopher Miller, Superintendent, Great Meadow Correctional Facility |
Second Circuit |
2019-03-20 |
Denied |
IFP |
civil-procedure civil-rights criminal-procedure due-process habeas-corpus jurisdiction standing |
Whether the U.S. Court of Appeals had subject matter jurisdiction pursuant to the U.S. Const. Art. III, Sec. 2(a), to issue an order on December 19th … |
| 18-8484 |
Gregory Donzell Bailey v. Ricky Foxwell, Warden, et al. |
Fourth Circuit |
2019-03-20 |
Denied |
IFP |
6th-amendment caseload caseload-management civil-rights criminal-procedure due-process effective-assistance-of-counsel ineffective-assistance public-defender public-defenders right-to-counsel |
Whether the defendants' representation and resources should be limited due to public defenders in trial courts being overwhelmed with caseloads |
| 18-8491 |
Ernest Marquis Flowers v. Laura Uriarte, et al. |
Florida |
2019-03-20 |
Denied |
IFP |
appeal civil-rights civil-rights-violation constitutional-rights criminal-procedure due-process habeas-corpus judicial-review malicious-prosecution prosecutorial-misconduct sentencing sixth-amendment unlawful-detention |
Whether petitioner was unlawfully detained in the Florida Department of Corrections under 'fully completed' to verdicts contrary to Florida Supreme Co… |
| 18-8492 |
Reginald Gibson v. James Haviland, Warden |
Sixth Circuit |
2019-03-20 |
Denied |
Response WaivedIFP |
constitutional-claims constitutional-law criminal-procedure due-process ohio-constitution post-conviction-relief procedural-default res-judicata state-law |
Whether a criminal defendant is denied due process of law if the state improperly invokes its res judicata rule |
| 18-8498 |
Oryan Yazzie v. United States |
Tenth Circuit |
2019-03-20 |
Denied |
Response WaivedIFP |
criminal-procedure due-process guideline-range mental-health sentencing sentencing-guidelines sentencing-review substantive-reasonableness supervised-release |
Is a supervised release revocation sentence of a length more than double the top of the advisory Guideline range substantively unreasonable if the dis… |
| 18-8443 |
James F. Oliveira v. Patricia A. Coyne-Fague, et al. |
First Circuit |
2019-03-19 |
Denied |
Response WaivedIFP |
constitutional-law constitutional-provisions constitutional-rights criminal-justice criminal-procedure defendant-rights due-process judicial-review jurisdiction speedy-trial statutory-interpretation trial-procedure |
Whether the defendant James F. Oliveira was denied his constitutional right to a speedy trial |
| 18-8456 |
Roberto Miramontes Roman v. United States |
Tenth Circuit |
2019-03-19 |
Denied |
IFP |
18-USC-924(c)(1)(A) acquittal conviction criminal-procedure double-jeopardy Double-Jeopardy-Clause drug-trafficking due-process federal-prosecution Firearm-Possession firearm-statute Prosecution state-court-acquittal state-federal-prosecution statutory-interpretation |
Did it violate the Double Jeopardy Clause for the United States to prosecute Mr. Roman for the same offense and conduct for which he was acquitted in … |
| 18-8460 |
Antonio Avilez v. Massachusetts |
Massachusetts |
2019-03-19 |
Denied |
Response WaivedIFP |
5th-amendment civil-rights constitutional-law constitutional-violation criminal-conviction criminal-procedure due-process federal-jurisdiction fifth-amendment kidnapping petitioner-rights |
Whether the Petitioner's conviction for kidnapping violated the Fifth Amendment to the United States Constitution? |
| 18-8463 |
Douglas A. Dyer v. United States |
Sixth Circuit |
2019-03-19 |
Denied |
Response WaivedIFP |
appellate-review circuit-court civil-procedure civil-remedy criminal-procedure double-jeopardy kokesh-v-sec sec sec-disgorgement sixth-circuit supreme-court-interpretation |
Whether the United States Court of Appeals for the Sixth Circuit erred in determining that the United States Supreme Court case of Kokesh v. SEC was n… |
| 18-8468 |
Alfredo Mendez v. United States |
Ninth Circuit |
2019-03-19 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review circuit-split criminal-procedure discretion district-court-authority due-process federal-courts judicial-discretion sentencing sentencing-discretion sentencing-factors |
Whether a federal district court is permitted boundless discretion at sentencing to weigh established factors at sentencing |
| 18-8470 |
Tommy Lee Jones v. United States |
Sixth Circuit |
2019-03-19 |
Denied |
Response WaivedIFP |
child-pornography criminal-procedure due-process evidence evidence-admission fair-trial judicial-conduct sentencing |
Has the District Court denied Mr. Jones a fair trial by allowing unsustained and unproven testimony into evidence |
| 18-8472 |
James Allen Eapmon v. United States |
Sixth Circuit |
2019-03-19 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
constitutional-law criminal-procedure due-process first-step-act life-imprisonment mandatory-minimum sentencing statutory-interpretation |
whether-the-petitioner-was-denied-due-process |
| 18-8473 |
Eric Laquinne Brown, aka Eric L. Brown, aka Eric Brown v. Mississippi |
Mississippi |
2019-03-19 |
Denied |
Response WaivedIFP |
civil-rights competency competency-hearing constitutional-rights criminal-procedure due-process guilty-plea mental-competency mental-evaluation mental-health mississippi-uniform-rule-9.06 plea-bargaining procedural-bars procedural-due-process standing |
Did Brown have a Constitutional right to have a competency hearing before he plead guilty? |
| 18-8442 |
Marc Dutch v. United States |
Tenth Circuit |
2019-03-18 |
Denied |
Response WaivedIFP |
6th-amendment apprendi criminal-procedure indictment jury prior-convictions sentencing sixth-amendment statutory-interpretation |
Does 18 U.S.C. § 924(e)(1)'s requirement that prior convictions be 'committed on occasions different from one another' require such facts to be allege… |
| 18-8448 |
Edward Bishop v. United States |
Seventh Circuit |
2019-03-18 |
Denied |
Response WaivedIFP |
4th-amendment criminal-procedure digital-evidence digital-files dna-evidence evidence fourth-amendment particularity-requirement probable-cause search-warrant |
Does a search warrant which described the place to be searched and the things to be seized fail the particularity requirement of the Fourth Amendment? |
| 18-8450 |
Randall Alan Carder v. California |
California |
2019-03-18 |
Denied |
IFP |
assault assault-with-deadly-weapon constitutional-rights counter-attack criminal-procedure deadly-weapon due-process effective-assistance-of-counsel ineffective-assistance-of-counsel jury-instruction jury-instructions self-defense |
Did the trial court violate petitioner's due process rights by failing to sua sponte instruct the jury on self-defense to a charge of assault with a d… |
| 18-8451 |
Luciano Garcia v. United States |
Tenth Circuit |
2019-03-18 |
Denied |
Response WaivedIFP |
appellate-procedure appellate-review criminal-procedure criminal-sentencing district-court due-process gall-v-united-states judicial-review rita-v-united-states sentencing sentencing-guidelines sentencing-variance tenth-circuit variance |
Is the Tenth Circuit precedent allowing a district court to say nothing when a reasonable request for a variance is made at sentencing consistent with… |
| 18-8404 |
Adrian Laroy Seymore v. United States |
Ninth Circuit |
2019-03-15 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure district-court-discretion due-process evidence evidentiary-standard government-evidence presentence-investigation-report sentencing sentencing-guidelines standard-of-review |
Whether a District Court erred in applying a guideline enhancement based solely on allegations contained in the Presentence Investigation Report after… |
| 18-8432 |
Kelly Foust v. Ohio |
Ohio |
2019-03-15 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
capital-defendant capital-punishment capital-sentencing constitutional-interpretation criminal-procedure death-penalty hurst-precedent hurst-v-florida jury jury-waiver sixth-amendment |
Does Ohio's death penalty scheme violate the Sixth Amendment right to a jury as explained in Hurst v. Florida? |
| 18-1202 |
Pedro Montalvo, Jr. v. Ohio |
Ohio |
2019-03-15 |
Denied |
|
6th-amendment child-pornography computer-age constitutional-rights criminal-procedure doyle-violation due-process massiah-doctrine obscenity right-to-defense scienter sixth-amendment strict-liability |
Whether Ohio's strict liability for inadvertent child pornography dissemination violates due process, whether defendant's right to mount a defense was… |
| 18-1198 |
Westley A. Albright v. Tennessee |
Tennessee |
2019-03-14 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
criminal-defendant criminal-procedure diversion due-process fourteenth-amendment fourth-amendment nolo-contendere plea-bargaining sentencing |
Whether the Supreme Court of Tennessee erred when it held, as a matter of first impression, that due process rights under the Fourth and Fourteenth Am… |
| 18-1201 |
Keith Preston Gartenlaub v. United States |
Ninth Circuit |
2019-03-14 |
Denied |
Response Waived |
computer-search criminal-procedure due-process evidence-use-restrictions fisa fisa-warrant fourth-amendment franks-hearing general-warrant general-warrants legal-traditions national-security use-restrictions |
Whether a secret FISA-authorized computer search violates the Fourth Amendment's prohibition on general warrants, whether the Fourth Amendment imposes… |
| 18-8410 |
Marshall Ray Miller v. Joseph L. McFadden, Warden |
Fourth Circuit |
2019-03-14 |
Denied |
Response WaivedIFP |
certificate-of-appealability constitutional-rights criminal-procedure due-process effective-assistance-of-counsel fourth-circuit ineffective-assistance-of-counsel law-enforcement-statements personal-jurisdiction plea-agreement plea-bargaining sentencing |
Did the Fourth Circuit Court of Appeals err in not issuing a Certificate of Appealability where Petitioner demonstrated a substantial showing of a con… |
| 18-8411 |
Lecephrus Pierce v. United States |
Fourth Circuit |
2019-03-14 |
Denied |
Response WaivedIFP |
conviction criminal-procedure fourth-amendment law-enforcement search-and-seizure supreme-court-precedent traffic-stop vehicle-search warrantless-search |
Whether the Fourth Circuit Court of Appeals abandoned established Supreme Court precedent in affirming the petitioner's conviction despite finding no … |
| 18-8427 |
Malcolm Roy Evans v. United States |
Eighth Circuit |
2019-03-14 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure criminal-procedure-rights criminal-trial due-process ineffective-assistance judicial-discretion judicial-inquiry right-to-counsel right-to-testify self-representation |
Whether a trial court may summarily prohibit an accused from testifying in his own defense |
| 18-8436 |
David Fehr Harder v. United States |
Fifth Circuit |
2019-03-14 |
Denied |
Response WaivedIFP |
criminal-procedure indictment jury-trial prior-conviction sentencing statutory-maximum |
Whether all facts - including the fact of a prior conviction - that increase a defendant's statutory maximum must be pleaded in the indictment and eit… |
| 18-8437 |
Garceia Coleman v. Court of Appeals of Wisconsin, District I |
Wisconsin |
2019-03-14 |
Denied |
Response WaivedIFP |
appellate-review civil-rights conviction-standards criminal-procedure due-process equal-protection judicial-review jurisdiction jury-verdict standing statutory-interpretation supervisory-writ |
Whether the Wisconsin Supreme Court's failure to grant a Wis. Stat. § 809.71 supervisory writ has jurisdiction to change the jurisdiction of cases |
| 18-8392 |
Obinna Obiora v. United States |
First Circuit |
2019-03-13 |
Denied |
Response WaivedIFP |
constitutional-law controlled-substance criminal-procedure drug-conspiracy due-process jackson-standard jackson-v-virginia reasonable-doubt sufficiency-of-evidence |
When the evidence that links a defendant to a charged drug conspiracy is based on his participation in an isolated series of alleged transactions with… |
| 18-8414 |
Dennis E. v. Matthew J. D'Emic, Administrative Judge, Supreme Court of New York, 2nd Judicial District, et al. |
New York |
2019-03-13 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure defendant-rights due-process equal-protection jackson-v-indiana standing state-law |
Whether the State may compel relief under Jackson v. Indiana over a defendant's objection |
| 18-8419 |
Fabian Hernandez v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-03-13 |
Denied |
IFP |
28-usc-2254 criminal-procedure due-process federal-courts federal-habeas federal-review habeas-corpus judicial-review reasoned-decision standard-of-review state-court-decision state-courts statutory-interpretation unreasonableness-test |
Whether, in the face of a reasoned state court decision, a federal habeas court applies the unreasonableness test of 28 USC §2254(d)(1) to the specifi… |
| 18-1186 |
Anthony Johnson v. Edward Winstead, et al. |
Seventh Circuit |
2019-03-13 |
Denied |
Relisted (2) |
5th-amendment civil-rights constitutional-claim criminal-procedure criminal-proceedings due-process fifth-amendment heck-v-humphrey inculpatory-statement section-1983 statute-of-limitations unconstitutional-evidence unconstitutional-statement |
Whether the statute of limitations for a Section 1983 claim based on the use of an unconstitutional inculpatory statement begins to run when criminal … |
| 18-1188 |
Jeffrey A. Jacobi v. Wisconsin |
Wisconsin |
2019-03-13 |
Denied |
Response Waived |
civil-procedure civil-rights criminal-procedure due-process evidence fourth-amendment intoxication intoxication-determination intoxication-inference law-enforcement law-enforcement-inference police-inference probable-cause reasonable-suspicion traffic-accident traffic-stop vehicle-collision |
Whether it is reasonable for police to infer that a driver was intoxicated at the time of a collision based solely on the fact that the driver was fou… |
| 18-8382 |
Guy Ennis Smith v. United States |
Eleventh Circuit |
2019-03-12 |
Denied |
Response WaivedIFP |
civil-rights constitutional-law coram-nobis criminal-procedure due-process first-amendment fourth-circuit free-speech military military-medals ninth-circuit speech-restrictions standing stolen-valor-act supreme-court-precedent |
Whether this Court's decision in United States v. Alvarez has any effect on the subsection that criminalized the unauthorized wearing of military meda… |
| 18-8390 |
Jose Salvador Lantigua v. United States |
Eleventh Circuit |
2019-03-12 |
Denied |
Response WaivedIFP |
28-U.S.C.-455(a) 28-usc-455 court-victim criminal-procedure due-process judicial-bias judicial-recusal recusal sentencing sentencing-guidelines victim-of-crime |
Whether a sentencing judge should recuse himself when he expressly views his own court as a 'victim' of the offense in deciding to sentence a defendan… |
| 18-8396 |
Mary Jo Weidrick v. Donald J. Trump, President of the United States |
District of Columbia |
2019-03-12 |
Denied |
Response WaivedIFP |
5th-amendment 5th-amendment-right-to-counsel 6th-amendment 6th-amendment-right-to-counsel adversarial-process civil-rights constitutional-violation counsel criminal-procedure due-process fifth-amendment investigation right-to-counsel sixth-amendment standing terrorism terrorism-investigation |
Whether Petitioner's Fifth and Sixth Amendment rights to counsel are violated |
| 18-8400 |
Travis Demond Johnson v. United States |
Eleventh Circuit |
2019-03-12 |
Denied |
Response WaivedIFP |
abuse-of-discretion acceptance-of-responsibility criminal-procedure criminal-sentencing due-process judicial-discretion sentencing-guidelines sentencing-procedure sentencing-reasonableness statutory-purposes-of-sentencing upward-departure |
Whether the district court erred in departing upward under the United States Sentencing Guidelines §4A1.3 |
| 18-8402 |
Jesse Allen Dauenhauer, aka Jesse A. Dauenhauer v. United States |
Ninth Circuit |
2019-03-12 |
Denied |
Response WaivedIFP |
4th-amendment 4th-amendment,search-and-seizure,exclusionary-rule constitutional-rights criminal-procedure due-process evidence-suppression fourth-amendment search-and-seizure suppression-of-evidence washington-state-law |
Should the District Court have suppressed the evidence of firearms in the Defendant's car because the search and seizure was inadmissible under Washin… |
| 18-8403 |
Sergio Caballero v. United States |
Ninth Circuit |
2019-03-12 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process evidence evidence-exclusion fifth-amendment habeas-corpus third-party-culpability |
Whether the district court violated Petitioner's Fifth Amendment rights by failing to allow evidence of third-party culpability |
| 18-8359 |
Jarrett Terrell Edwards v. United States |
Fourth Circuit |
2019-03-11 |
Denied |
Response WaivedIFP |
appellate-review career-offender criminal-law criminal-procedure criminal-sentencing due-process fourth-circuit guideline-interpretation sentencing-guidelines statutory-interpretation u.s.s.g-4b1.1 u.s.s.g.-4b1.1(a) |
Whether the United States Fourth Circuit Court of Appeals committed error by sentencing the Petitioner as a career offender pursuant to U.S.S.G. § 4B1… |
| 18-8364 |
James D. Sullivan v. United States |
Sixth Circuit |
2019-03-11 |
Denied |
Response WaivedIFP |
child-pornography criminal-procedure evidence-rule-414 evidentiary-hearing federal-rules-of-evidence grand-jury plea-agreement plea-withdrawal prosecutorial-discretion rule-104 rule-414 |
Whether the trial court must determine by a preponderance of evidence that the defendant engaged in child molestation conduct |
| 18-8370 |
Lonnie Eugene Lillard v. United States |
Ninth Circuit |
2019-03-11 |
Denied |
Response WaivedIFP |
appellate-review conflict-of-interest constitutional-rights criminal-appeal criminal-procedure discretion due-process federal-procedure ninth-circuit self-representation |
What procedural safeguards are afforded to federal criminal defendants when an Appellate Court panel exercises its discretion in deciding whether or n… |
| 18-8377 |
Walter D. Booker v. T. Johnson, et al. |
Fourth Circuit |
2019-03-11 |
Dismissed |
Response WaivedRelisted (2)IFP |
42-usc-1983 civil-rights criminal-procedure fourth-amendment investigative-detention probable-cause qualified-immunity reasonable-suspicion section-1983 seizure |
Whether the officers had reasonable suspicion to seize Mr. Booker Shabazzallah? |
| 18-8378 |
Garron T. Briggs v. United States |
Eighth Circuit |
2019-03-11 |
Denied |
Response WaivedIFP |
acquittal constitutional-rights criminal-procedure due-process guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-proceeding plea-bargaining prejudice prejudice-prong reasonable-probability right-to-trial strickland-v-washington |
Whether the district court's ruling, which implies that when a petitioner successfully proves that his counsel was ineffective, that petitioner must t… |
| 18-8338 |
Anthony T. Jackson v. Illinois |
Illinois |
2019-03-08 |
Denied |
IFP |
appellate-review constitutional-violations criminal-procedure due-process due-process,standing,criminal-procedure,evidence,p evidentiary-hearing fourth-amendment ineffective-assistance-of-counsel post-conviction wrongful-conviction |
Whether the Illinois state courts' refusal to allow a petitioner an evidentiary hearing on post-conviction claims despite the record containing facts … |
| 18-8340 |
Victor Roblero v. Ralph Diaz, Acting Secretary, California Department of Corrections and Rehabilitation |
Ninth Circuit |
2019-03-08 |
Denied |
IFP |
constitutes a violation of the Sixth Amendment ri specifically the failure to investigate and prese appeal capital-punishment criminal-procedure due-process effective-assistance-of-counsel habeas-corpus ineffective-assistance ineffective-assistance-of-counsel intellectual-disability mental-health sixth-amendment |
Whether the Sixth Amendment right to effective assistance of counsel was violated when trial counsel failed to investigate and present evidence of the… |
| 18-8346 |
Danilo Velasquez v. United States |
Ninth Circuit |
2019-03-08 |
Denied |
Response WaivedIFP |
appeal constitutional-rights criminal-procedure diminished-capacity due-process evidence expert-testimony fundamental-rights life-sentence ninth-circuit sentencing |
Did the Ninth Circuit fail to protect petitioner's fundamental due process right to present his complete defense? |
| 18-8349 |
Daverne Michael Foy v. United States |
Fifth Circuit |
2019-03-08 |
Denied |
Response WaivedIFP |
appeal appeal-waiver civil-rights criminal-procedure due-process judicial-proceedings plain-error sentencing sentencing-guidelines substantial-rights waiver |
Whether the trial court's consideration of non-charged offenses with significantly higher sentencing guidelines constitutes plain error affecting the … |
| 18-8353 |
David A. Hicks v. United States |
Fourth Circuit |
2019-03-08 |
Denied |
Response WaivedIFP |
brady-rule criminal-procedure due-process evidence-destruction exculpatory-evidence government-misconduct habeas-corpus spoliation-of-evidence witness-credibility |
Whether the Government can destroy evidence a defendant has sufficient reason to believe is necessary to prove innocence in an anticipated § 2241 Moti… |
| 18-8355 |
Mario Chester Tabron v. United States |
Fourth Circuit |
2019-03-08 |
Denied |
Response WaivedIFP |
burglary burglary-element criminal-enhancement criminal-law criminal-procedure district-court due-process federal-jurisdiction fourth-amendment fourth-circuit sentencing sentencing-guidelines statutory-interpretation |
Did the Fourth Circuit and the Middle district Of North Carolina (Greensboro) err in affirming the USSG 2K2.1(b)(6)(B) | 4-Level enhancement without p… |
| 18-8356 |
In Re Steven Eason |
|
2019-03-08 |
Denied |
IFP |
actual-innocence civil-rights criminal-procedure due-process equal-protection habeas-corpus jurisdiction jurisdictional-limitations procedural-bars prosecutorial-misconduct state-law successive-habeas successive-petitions |
Whether the petitioner's fundamental constitutional right to due process was violated when the state prosecuted him on counts of his indictment becaus… |
| 18-8357 |
Richard A. Wilford v. Bradley M. Trate, Warden, et al. |
Third Circuit |
2019-03-08 |
Denied |
Response WaivedIFP |
constitutional-privilege criminal-procedure due-process federal-jurisdiction federal-prisoner governmental-custodian habeas-corpus jurisdiction jurisdictional-challenge pro-se pro-se-petition standing unlawful-detention |
Whether the dismissal for lack of jurisdiction of a federal prisoner's pro se petition for the writ of habeas corpus against the governmental custodia… |
| 18-1166 |
Colton W. Sievers v. Nebraska |
Nebraska |
2019-03-08 |
Denied |
Amici (1)Response RequestedResponse WaivedRelisted (2) |
4th-amendment-search-and-seizure constitutional-law criminal-procedure criminal-suspect fourth-amendment information-gathering police-investigative-stop police-powers police-stop reasonable-suspicion search-and-seizure terry-stop |
Whether Illinois v. Lidster allows the police to stop a criminal suspect without reasonable suspicion on the ground that the stop is merely 'informati… |
| 18-8325 |
Amaury Villa v. United States |
Second Circuit |
2019-03-07 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process ineffective-assistance sentencing sentencing-calculation sentencing-guidelines sixth-amendment standard-of-review trial-procedure u-s-sentencing-guidelines |
Whether appellant received the effective assistance of counsel? |
| 18-8328 |
Maritza Burgueno-Gonzalez v. United States |
Ninth Circuit |
2019-03-07 |
Denied |
Response WaivedIFP |
18-usc-3553(a) 18-USC-3553a criminal-procedure criminal-sentencing district-court district-court-discretion federal-sentencing sentencing-considerations sentencing-disparities smuggling smuggling-scheme unwarranted-sentences |
Whether the district court violated 18 U.S.C. § 3553(a)'s rule that a district court must consider unwarranted sentencing disparities |
| 18-8241 |
Andrew Guy Moret v. Pat Garrett |
Ninth Circuit |
2019-03-06 |
Denied |
IFP |
civil-rights constitutional-interpretation criminal-procedure due-process equal-protection habeas-corpus judicial-procedure legal-review lower-court-decision standing supreme-court-petition |
Does the seriousness of criminal charges obviate the states' governments' obligation to uphold the constitutional rights of the accused? |
| 18-8268 |
Alandis D. Patterson v. United States |
Fourth Circuit |
2019-03-06 |
Denied |
Response WaivedIFP |
acceptance-of-responsibility criminal-history criminal-procedure drug-possession due-process presentence-investigation sentencing-factors sentencing-guidelines sentencing-variance sexual-abuse |
Did the trial court err in overruling the Petitioner's objection to the Application of a two-level increase pursuant to U.S.S.G. Section 2G1.1(c)(1), … |
| 18-8269 |
Alejandro Casillas Prieto v. United States |
Fifth Circuit |
2019-03-06 |
Denied |
Response WaivedIFP |
amendment-782 chapter-5-part-a criminal-history criminal-procedure due-process guideline-range guidelines life-imprisonment notice offense-level sentencing sentencing-guidelines statutory-interpretation |
Does the sentencing judge's oral pronouncement of the offense level 43 control? |
| 18-8273 |
Cecilio Cuero Payan v. United States |
Eleventh Circuit |
2019-03-06 |
Denied |
IFP |
conflict-free-attorney conflict-of-interest criminal-defendant criminal-procedure ineffective-assistance ineffective-assistance-of-counsel plea-agreement right-to-counsel sixth-amendment waiver |
Whether, under the sixth amendment, a criminal defendant may waive his right to raise a claim of ineffective assistance of counsel as part of a plea-a… |
| 18-8276 |
Derek Sample v. Steven Johnson, Administrator, New Jersey State Prison |
Third Circuit |
2019-03-06 |
Denied |
IFP |
certificate-of-appealability constitutional-violations criminal-procedure due-process due-process,fair-trial,impartial-jury,lesser-inclu fair-trial impartial-jury ineffective-assistance-of-counsel jury-instructions lesser-included-offense right-to-be-present trial-rights |
Whether the Third Circuit Court of Appeals Erred in Denying Petitioner a Certificate of Appealability |
| 18-8297 |
John Baccus v. Edgar L. Clements, III, et al. |
Fourth Circuit |
2019-03-06 |
Dismissed |
IFP |
4th-amendment brady-v-maryland civil-rights criminal-procedure due-process evidence judicial-power prosecutorial-misconduct |
Whether the Fourth Circuit Court's proceedings that led to petitioner's sentence violated his constitutional and statutory due process rights |
| 18-8299 |
Walter Raynard Lingard v. United States |
Fourth Circuit |
2019-03-06 |
Denied |
Response WaivedIFP |
allocution-rights appellate-review criminal-procedure criminal-sentencing downward-departure due-process judicial-discretion probation-revocation right-to-allocution sentencing-review |
Did the court of appeals err in its determination that the district court did not err in declining to vary downward based upon Lingard's state probati… |
| 18-8306 |
Billy Gene Howard v. United States |
Eighth Circuit |
2019-03-06 |
Denied |
Response WaivedIFP |
acca acca-clause armed-career-criminal-act concurrent-sentencing criminal-procedure due-process habeas-corpus johnson-relief johnson-v-united-states sentencing sentencing-guidelines violent-felony |
Whether a 28 U.S.C. § 2255 petitioner must affirmatively prove the sentencing court relied on the residual clause |
| 18-8312 |
Dayomashell David Aguilar v. William Gittere, Warden, et al. |
Ninth Circuit |
2019-03-06 |
Denied |
Response WaivedIFP |
aiding-and-abetting conspiracy criminal-procedure first-degree-murder jury-instructions mens-rea miscarriage-of-justice |
Whether the Ninth Circuit erred in denying a certificate of appealability on Aguilar's claim that the jury instructions relieved the State of the burd… |
| 18-8314 |
Jose Nino-Carreon v. United States |
Fifth Circuit |
2019-03-06 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
appellate-review criminal-procedure district-court district-court-discretion guidelines plain-error sentencing sentencing-discretion sentencing-guidelines substantial-rights |
Whether a court of appeals that finds a plain Guideline error should ordinarily find an effect on the defendant's substantial rights if the district c… |
| 18-1158 |
Jarrod Taylor v. Jefferson S. Dunn, Commissioner, Alabama Department of Corrections |
Eleventh Circuit |
2019-03-06 |
Denied |
Amici (1) |
appeals brady-violation certificate-of-appealability constitutional-law criminal-procedure due-process eleventh-circuit evidence habeas-corpus ineffective-assistance-of-counsel judicial-review jury-bias prosecutorial-misconduct trial-procedure |
Jarrod Taylor's habeas corpus claims challenging the State's concealment of evidence during his trial |
| 18-8233 |
Calvin J. Reid v. United States |
Sixth Circuit |
2019-03-05 |
Denied |
Response WaivedIFP |
§2255-motion 18-usc-4241 certificate-of-appealability circuit-split competency-hearing criminal-procedure criminal-procedure-appeal due-process ineffective-assistance mental-competency mental-illness right-to-counsel standards-of-review |
Whether the Sixth Circuit Court of Appeals has misapplied the standards set forth in Miller-El v. Cockrell and Buck v. Davis |
| 18-8267 |
Vincent Green v. United States |
Eleventh Circuit |
2019-03-05 |
Denied |
Response WaivedIFP |
ACCA acca-offender armed-career-criminal-act categorical-approach criminal-law criminal-procedure enumerated-offense o.c.g.a.-16-7-1 sentencing sentencing-enhancement stare-decisis statutory-interpretation |
Whether the petitioner's sentence as an ACCA offender must be set aside, whereas O.C.G.A. § 16-7-1 is not a viable enumerated offense predicate, based… |
| 18-8274 |
Avniel Awan Anthony v. United States |
Fifth Circuit |
2019-03-05 |
Denied |
Response WaivedIFP |
criminal-procedure due-process Ineffective-assistance-of-counsel jurisdiction jurisdictional-issue obstruction-of-justice probation-department reckless-endangerment sentencing sentencing-enhancement Sentencing-enhancements sentencing-guidelines unproven-conduct Upward-variance |
Does the U.S. Probation Department have authority to apply enhancements for conduct alleged to have happened outside the jurisdiction of the United St… |
| 18-8275 |
Brian Sawyers v. United States |
Ninth Circuit |
2019-03-05 |
Denied |
Response WaivedIFP |
civil-rights criminal-justice criminal-procedure due-process equal-protection implicit-bias jury-instruction jury-instructions jury-selection racial-bias racial-discrimination racial-prejudice sixth-amendment voir-dire |
Whether the federal district court should give an implicit-bias jury-instruction upon-request |
| 18-8279 |
George Wayne Brooks v. Pennsylvania |
Pennsylvania |
2019-03-05 |
Dismissed |
Response WaivedIFP |
brady-law constitutional-standards criminal-procedure due-process evidence-determination federal-law fraud-on-the-court judicial-process newly-presented-evidence |
Whether the United States has a substantial interest in preventing the risk of injustice to defendant and an interest in the public's confidence in th… |
| 18-8285 |
Miguel Martinez v. Texas |
Texas |
2019-03-05 |
Denied |
IFP |
mistrial objective-facts oregon-v-kennedy prosecutorial-intent subjective-beliefs wheeler-factors criminal-procedure double-jeopardy due-process mistrial oregon-v-kennedy prosecutorial-intent wheeler-factors |
Whether Texas courts have replaced the manageable and effective 'objective facts and circumstances' test recognized in Oregon v. Kennedy with the so-c… |
| 18-8291 |
Juanita Garcia v. Deborah Johnson, Warden |
Ninth Circuit |
2019-03-05 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure evidence habeas habeas-corpus ineffective-assistance-of-counsel prejudice prejudice-prong sixth-amendment strickland-standard strickland-v-washington |
Whether a habeas petitioner must show that absent the attorney's deficient performance, no other evidence supported the verdict |
| 18-8292 |
Julius Greer v. United States |
Third Circuit |
2019-03-05 |
Denied |
IFP |
circuit-split crime-of-violence criminal-procedure forfeiture judicial-review motion-to-dismiss plain-error-review speedy-trial-act standard-of-review waiver |
Speedy-Trial-Act-violation |
| 18-8232 |
Jesus Rosales v. Texas |
Texas |
2019-03-04 |
Denied |
IFP |
6th-amendment allen-charge coercion criminal-procedure due-process judicial-discretion jury-deliberation jury-instruction jury-instructions trial-procedure |
At what point should a court grant defense's request for an Allen charge, so that the lack of one, in itself, does not become coercive? |
| 18-8235 |
Arthur Lopez v. California |
California |
2019-03-04 |
Denied |
IFP |
1st-amendment 6th-amendment civil-rights criminal-procedure discrimination due-process equal-protection judicial-bias racial-discrimination |
Whether the deprivation of Alo's civil rights under the United States Constitution Amendments 1 and 6 violates his constitutional rights to free speec… |
| 18-8239 |
Negus Thomas v. United States |
Second Circuit |
2019-03-04 |
Denied |
Response WaivedIFP |
appellate-review court-of-appeals criminal-procedure crosby-remand district-court intervening-change-in-law jacobson-remand law-of-the-case law-of-the-case-doctrine manifest-injustice new-evidence reasonableness reasonableness-review resentencing sentencing |
Whether the district court erred in declining to resentence the defendant-Petitioner on remand |
| 18-8251 |
Zachariah Joel Peterson v. Jay Cassady, Warden |
Eighth Circuit |
2019-03-04 |
Denied |
IFP |
certificate-of-appealability criminal-procedure due-process eighth-circuit felony-murder habeas-corpus ineffective-assistance ineffective-assistance-of-counsel insufficient-evidence jury-instruction jury-instructions standard-of-review |
Whether the Eighth Circuit court of Appeals abused its discretion in denying petitioner a COA on his claim on insufficient evidence |
| 18-8253 |
Jamie Kenmont Kerien Brown v. Georgia |
Georgia |
2019-03-04 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure cruel-and-unusual-punishment death-penalty due-process eighth-amendment equal-protection habeas-corpus intellectual-disability mental-health post-conviction-relief |
Whether the Eighth Amendment's prohibition on cruel and unusual punishment prohibits the execution of a prisoner who was intellectually disabled at th… |
| 18-8254 |
Eddie Earl Phillips v. Mississippi |
Mississippi |
2019-03-04 |
Denied |
Response WaivedIFP |
constitutional-provisions constitutional-rights conviction criminal-procedure due-process habitual-offender indictment jury-instructions sentencing statement-of-the-case statutory-provisions |
Whether Phillips' Conviction and Sentence stems from a defective indictment, in violation of his due process rights? |
| 18-8260 |
Kenton Deon Harrell v. United States |
Fifth Circuit |
2019-03-04 |
Denied |
Response WaivedIFP |
administrative-law civil-procedure civil-rights constitutional-claim criminal-procedure due-process equal-protection evidentiary-hearing free-speech habeas-corpus ineffective-assistance post-conviction-relief standing statutory-interpretation takings |
Whether the lower court erred in its interpretation and application of the relevant legal principles |
| 18-8264 |
Guadalupe Avendano-Vasquez v. United States |
Eleventh Circuit |
2019-03-04 |
Denied |
Response WaivedIFP |
appeal-waiver appellate-review civil-procedure criminal-procedure deportation due-process sentencing sentencing-guidelines supervised-release |
Whether an appeal waiver precludes review of the sentence of supervised release when the defendant has been deported |
| 18-8184 |
Daryl Sharp v. Timothy Dolan |
District of Columbia |
2019-03-01 |
Denied |
Relisted (2)IFP |
appeal civil-procedure civil-rights criminal-procedure due-process evidence free-speech jurisdiction jury-instructions standard-of-review standing |
Whether the evidence presented at trial was sufficient to support the conviction |
| 18-8207 |
Wayland Lynn Dilts v. Michigan |
Michigan |
2019-03-01 |
Denied |
IFP |
constitutional-rights courtroom-closure criminal-procedure due-process fair-trial fundamental-fairness new-trial public-trial secret-trial sixth-amendment trial-fairness |
Whether Petitioner's Sixth Amendment right to a public trial was violated |
| 18-8210 |
Mahogany Taquilla Alexander v. Mark S. Inch, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2019-03-01 |
Denied |
Response WaivedIFP |
14th-amendment 5th-amendment amendment-violation constitutional-rights criminal-procedure due-process fifth-amendment fourteenth-amendment ineffective-assistance plea-agreement plea-bargaining sentencing sentencing-discretion |
Did trial court abuse discretion by considering nolle prossed charge in sentencing, violating 5th and 14th Amendment rights |
| 18-8218 |
Nathaniel Hoskins v. United States |
Seventh Circuit |
2019-03-01 |
Denied |
Response WaivedIFP |
brady-v-maryland brady-violation confidential-informant criminal-justice-system criminal-procedure due-process evidence evidence-suppression materiality prosecutorial-misconduct rico-conspiracy suppression |
Whether the prosecution's pretrial evidentiary suppression of various law enforcement reports, interviews and statements favorable to the Petitioner v… |
| 18-8219 |
Jose J. Hernandez v. M. Eliot Spearman, Warden |
Ninth Circuit |
2019-03-01 |
Denied |
IFP |
appeal civil-rights criminal-procedure due-process evidence felony-murder ineffective-assistance newly-presented standing |
Did appellate counsel render ineffective assistance |
| 18-8222 |
Desi A. Lewis v. Virginia |
Virginia |
2019-03-01 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process fourteenth-amendment jurisdiction sentencing statutory-interpretation trial-court virginia-code |
Was the trial court in error in finding it lacked jurisdiction to resentence or modify the defendant's sentence based on due process rights? |
| 18-8225 |
Barry Druilhet, Jr. v. United States |
Fifth Circuit |
2019-03-01 |
Denied |
Response WaivedIFP |
6th-amendment criminal-procedure due-process federal-sentencing judicial-discretion obstruction-of-justice sentencing sentencing-enhancement witness-testimony |
Can a federal court consider enhance a defendant's sentence for obstruction of justice where the defendant was seeking out witnesses to testify on his… |
| 18-8226 |
James Craig Bird v. Colorado |
Colorado |
2019-03-01 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel parole plea-bargaining prejudice-prong strickland-standard strickland-v-washington |
Whether the State improperly determined the prejudice prong underlying the test set-forth in Strickland v. Washington, 466 U.S. 668 (1964) as to erron… |
| 18-8227 |
Bodey Cook v. Illinois |
Illinois |
2019-03-01 |
Denied |
IFP |
abuse-of-discretion antiterrorism-and-effective-death-penalty-act appellate-review certificate-of-appealability criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel post-conviction-relief |
Whether the Supreme Court erred in denying the petitioner's request for discretionary review under the Antiterrorism and Effective Death Penalty Act (… |
| 18-8231 |
Alvin Stanley Briggs, Jr. v. United States |
Eighth Circuit |
2019-03-01 |
Denied |
Response WaivedIFP |
appellate-review constitutional-review counsel-claim court-of-appeals criminal-procedure district-court due-process evidentiary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sixth-amendment |
Whether the court of appeals erred in affirming the district court's denial of petitioner's ineffective assistance of counsel claim |
| 18-8171 |
Omar Alarcon Fuentes, aka Omar Fuentes Alarcon, aka Omar Ramales Quintero v. United States |
Ninth Circuit |
2019-02-28 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process effective-assistance-of-counsel false-testimony grand-jury grand-jury-testimony ineffective-assistance-of-counsel mistrial right-to-counsel uncorroborated-admission uncorroborated-extrajudicial-admission |
Whether petitioner's constitutional right to effective assistance of counsel was violated |
| 18-8176 |
Anthony James Brightwell, Jr. v. Mark Capozza, Superintendent, State Correctional Institution at Fayette, et al. |
Third Circuit |
2019-02-28 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining sentencing sentencing-error sixth-amendment |
Was the petitioner's guilty plea knowingly and intelligently made? |
| 18-8177 |
Julia Augusta Constan Macri v. Illinois |
Illinois |
2019-02-28 |
Denied |
Response WaivedIFP |
4th-amendment circuit-split constitutional-rights criminal-procedure deviation fourth-amendment fourth-amendment-search-and-seizure illinois-v-caballes law-enforcement original-purpose reasonable-suspicion rodriguez-v-united-states traffic-stop |
Whether under the Fourth Amendment the reasonable articulable suspicion necessary to extend a traffic stop must be formed before the officer's deviati… |
| 18-8181 |
Feliciano Soto-Lugo v. United States |
Fifth Circuit |
2019-02-28 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review criminal-procedure defendant-leniency district-court-discretion due-process judicial-response preservation-of-error reasonableness reasonableness-objection sentencing sentencing-guidelines sentencing-review |
Must challenges to the district court's failure to respond to a defendant's non-frivolous grounds for leniency be preserved by a separate 'reasonablen… |
| 18-8186 |
Kirby Gant v. United States |
Eleventh Circuit |
2019-02-28 |
Denied |
Response WaivedIFP |
4th-amendment automobile-exception civil-rights criminal-procedure eleventh-circuit inevitable-discovery inventory-search plain-view-doctrine probable-cause search-and-seizure vehicle-search |
Whether the Eleventh Circuit erred by finding that the automobile exception applied when the district court made no findings that the vehicle was read… |
| 18-8188 |
Jermaine C. Williams v. Ron DeSantis, Governor of Florida, et al. |
Eleventh Circuit |
2019-02-28 |
Denied |
Response WaivedIFP |
constitutional-interpretation constitutional-law contract contract-clause criminal-procedure due-process judgment judicial-review lower-tribunal plea-agreement sentencing united-states-constitution |
Whether the plea agreement affirmed by the lower tribunal judgment violated the contract and due process clauses of the United States Constitution |
| 18-8190 |
Edgar Alonso Pineda-Pineda v. United States |
Fifth Circuit |
2019-02-28 |
Denied |
Response WaivedIFP |
8-usc-1326 almendarez-torres-v-united-states apprendi-v-new-jersey criminal-procedure due-process indictment prior-conviction sentencing sentencing-enhancement |
Whether a prior conviction must be alleged in the indictment before a defendant is subjected to enhanced punishment under 8 U.S.C. § 1326(b) |
| 18-8197 |
Tommy Earl Boone, Jr. v. Texas |
Texas |
2019-02-28 |
Dismissed |
IFP |
civil-rights constitutional-interpretation criminal-code criminal-procedure due-process equal-protection ex-parte-review habeas-corpus incarceration incarceration-period parole sentencing sentencing-statute texas-criminal-procedure texas-law |
Whether Texas Penal Code, Art. 42.082 is unconstitutional as interpreted by the Texas Court in Ex Parte Kuester, 24 SW3d 247 (2000)? |
| 18-8198 |
Brandon Lisi v. United States |
Second Circuit |
2019-02-28 |
Denied |
Response WaivedIFP |
appellate-review appellate-waiver conflict-of-interest criminal-procedure curcio-hearing guilty-plea ineffective-assistance ineffective-assistance-of-counsel plea-bargaining plea-withdrawal sentencing sentencing-challenge |
whether-petitioner's-guilty-plea-was-involuntary |
| 18-8199 |
Michael DeVaughn Johnson v. Arizona |
Arizona |
2019-02-28 |
Denied |
IFP |
automatic-reversal constitutional-law constitutional-rights conviction criminal-procedure critical-stage critical-stages due-process habeas-corpus ineffective-assistance right-to-counsel sixth-amendment trial-counsel |
Was the Arizona state courts' decision that the absence of the petitioner's trial counsel during two 'critical stages' of the trial did not require au… |
| 18-8205 |
Elamin Bashir v. United States |
Third Circuit |
2019-02-28 |
Denied |
Response WaivedIFP |
conspiracy criminal-law criminal-procedure drug-trafficking due-process individualized-jury-finding jury-finding jury-instructions mandatory-minimum sentencing |
Whether the mandatory minimum sentence was improperly imposed for drug-trafficking conspiracy, because individualized jury finding as to quantity of d… |
| 18-8138 |
Joseph Hughes v. Dan Schnurr, Warden |
Kansas |
2019-02-27 |
Denied |
IFP |
acquittal acquittal-implications civil-rights constitutional-rights criminal-procedure double-jeopardy due-process second-prosecution sex-offender-management sexual-offender sexual-offender-registration state-authority |
How can the State of Kansas manage me as a sexual offender when I was found acquitted of rape by a jury? |
| 18-8155 |
Benjamin E. Smith v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2019-02-27 |
Denied |
Response WaivedIFP |
actual-innocence constitutional-right constitutional-rights courts-of-appeals criminal-procedure due-process federal-courts federal-habeas federal-habeas-corpus federal-prisoner habeas-corpus legal-scholars standing state-prisoner |
Does a state and/or federal prisoner have a constitutional right to raise a freestanding claim of actual innocence, in a federal habeas corpus proceed… |
| 18-8160 |
Paul Wagner v. United States |
Ninth Circuit |
2019-02-27 |
Denied |
Response WaivedIFP |
attorney-conflict circuit-court-split circuit-split criminal-procedure cuyler-v-sullivan ineffective-assistance ineffective-assistance-of-counsel legal-precedent mickens-v-taylor ninth-circuit sixth-amendment supreme-court-interpretation united-states-v-hanoum |
Whether the Ninth Circuit's decision conflicts with other circuit courts and Supreme Court precedent on the issue of actual conflict between a defenda… |
| 18-8161 |
Kali Lord v. United States |
Fifth Circuit |
2019-02-27 |
Denied |
Response WaivedIFP |
above-guidelines-sentence appellate-review criminal-procedure district-court district-court-discretion plain-error preservation-of-error procedural-error procedural-reasonableness reasonableness sentencing sentencing-arguments sentencing-guidelines sentencing-reasonableness |
Is a district court's gross failure to explain an above-range sentence or to respond to arguments for a lesser sentence reversible on plain error? |
| 18-8165 |
Michael J. Galvan v. United States |
Fifth Circuit |
2019-02-27 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure deference federal-courts judicial-discretion sentencing-factors sentencing-review standard-of-review substantive-reasonableness |
Whether substantive reasonableness review necessarily encompasses some degree of reweighing the sentencing factors? |
| 18-8118 |
Alvin Davis, Jr. v. Louisiana |
Louisiana |
2019-02-26 |
Denied |
Response WaivedRelisted (2)IFP |
batson-challenge batson-v-kentucky brady-v-maryland brady-violation criminal-procedure cross-examination due-process fair-trial fourteenth-amendment prosecutorial-misconduct second-amendment witness-tampering |
Was the Petitioner, Alvin Davis, Jr. denied a fair trial |
| 18-8119 |
Walter Douglas Jenkins v. Israel Hamilton, Warden |
Fourth Circuit |
2019-02-26 |
Denied |
Response WaivedIFP |
civil-rights constitutional-law criminal-procedure due-process habeas-corpus ineffective-counsel standing waiver |
Was the petitioner denied by the United States Court of Appeals a prima facie of Sixth and Fourteenth Amendment due process |
| 18-8133 |
Daryl Mingo v. United States |
Eleventh Circuit |
2019-02-26 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-procedure-plea-bargaining drug-trafficking due-process firearm-offense firearms plea-bargaining plea-colloquy sentencing statutory-construction |
When Congress enacted and amended 18 U.S.C. Section 924(G)(1) |
| 18-8134 |
Ramon Vasquez v. Pennsylvania |
Pennsylvania |
2019-02-26 |
Denied |
Response WaivedIFP |
civil-rights collateral-consequences constitutional-provisions criminal-procedure due-process false-conviction fundamental-rights liberty-interest substantive-rights |
Whether 42 Pa.C.S.A. § 9543 (a)(1)(i), as applied by the court violated Vasquez's Substantive Rights of Due Process by impinging collateral civil and … |
| 18-8141 |
Brian Taylor v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-02-26 |
Denied |
IFP |
abuse-of-discretion alibi-witness civil-rights constitutional-rights criminal-procedure double-jeopardy due-process evidence ineffective-assistance prosecutorial-misconduct trial trial-counsel |
Was trial counsel ineffective for not calling an alibi witness? |
| 18-8143 |
Stephen Talbert v. United States |
Eighth Circuit |
2019-02-26 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure discovery due-process fraud fraudulent-misrepresentation ineffective-assistance ineffective-assistance-of-counsel plea-bargaining prosecutorial-misconduct right-to-trial voluntariness |
Can a defendant voluntarily and intelligently enter a plea where counsel fraudulently misrepresents a key fact |
| 18-1109 |
James Erin McKinney v. Arizona |
Arizona |
2019-02-26 |
Judgment Issued |
Amici (14)Relisted (2) |
aggravating-evidence arizona-supreme-court criminal-procedure death-penalty eddings-precedent eddings-v-oklahoma mitigating-evidence resentencing sentencing sentencing-review |
Whether the Arizona Supreme Court was required to apply current law when weighing mitigating and aggravating evidence to determine whether a death sen… |
| 18-8120 |
Jerry Lynn Lofton v. Mississippi |
Mississippi |
2019-02-25 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-trial defendant-rights due-process fifth-amendment jury-instruction jury-instructions prosecutorial-comment prosecutorial-misconduct right-to-silence self-incrimination testimonial-privilege |
Whether a prosecutor who this Court has held may not comment to a jury concerning a defendant's failure to testify in a criminal trial may submit his … |
| 18-8121 |
Edward Harrison v. Thomas Griffin, Superintendent, Green Haven Correctional Facility |
Second Circuit |
2019-02-25 |
Denied |
Response WaivedIFP |
constitutional-violation criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel plea-allocution plea-consolidation statutory-time-limit statutory-violation time-enhancement |
Question not identified |
| 18-8123 |
In Re Ronnie Lee Fagan |
|
2019-02-25 |
Denied |
Response WaivedIFP |
acquittal constitutional-rights criminal-procedure criminal-trial defense-counsel double-jeopardy mistrial right-to-counsel sixth-amendment |
Whether the trial court's exclusion of defense counsel denied the defendant an opportunity to be heard or object to the discharge of the jury, prejudi… |
| 18-8124 |
Tony Gross v. John Havlin, Warden |
Ohio |
2019-02-25 |
Denied |
IFP |
14th-amendment 6th-amendment criminal-procedure death-penalty due-process federal-jurisdiction fourteenth-amendment gideon-v-wainwright judicial-jurisdiction right-to-counsel rothgery-v-gillespie-county sixth-amendment state-jurisdiction zerbst-v-johnson |
Whether states are required to appoint counsel in death penalty cases for all hearings before a judicial officer to sustain a valid conviction |
| 18-8126 |
Ronnie W. Wilson v. Michael Stephan, Warden |
Fourth Circuit |
2019-02-25 |
Denied |
Response WaivedIFP |
arrest-warrant civil-rights criminal-procedure due-process probable-cause search-and-seizure standing vawa |
Should the VAWA (Violence Against Women Act) charges against the petitioner be dismissed because the arrest warrants were not signed? |
| 18-8129 |
Charles Russell v. Texas |
Texas |
2019-02-25 |
Denied |
IFP |
2nd-amendment burden-of-proof constitutional-rights criminal-procedure due-process evidence evidence-admission reasonable-doubt social-media social-media-evidence witness-testimony |
Did the Trial Court relieve the state of its burden to prove guilt beyond a reasonable doubt when it allowed the state to show the jury photos found o… |
| 18-8130 |
Eduardo Segoviano-Briseno v. United States |
Fifth Circuit |
2019-02-25 |
Denied |
Response WaivedIFP |
consideration contract-law criminal-procedure defendant-rights due-process federal-courts judicial-interpretation legal-consideration plea-agreement plea-bargaining sentencing |
Whether principles of contract law require consideration (benefit to the defendant) to support a valid plea agreement |
| 18-8087 |
Joseph Michael Kurz v. Louisiana |
Louisiana |
2019-02-25 |
Denied |
Response WaivedIFP |
burden-of-proof capital-trial criminal-procedure due-process harmless-error judicial-discretion prosecutorial-misconduct sentencing sentencing-error standard-of-review statute-of-limitations time-limitations witness-testimony |
Whether the district court erred in allowing the State to prosecute the defendant for an allegation that the time limitations had expired |
| 18-8074 |
Javonte T. Morgan v. Louisiana |
Louisiana |
2019-02-22 |
Denied |
Response WaivedIFP |
challenge-for-cause civil-procedure civil-rights constitutional-law criminal-procedure due-process evidence fair-trial judicial-proceedings jury-selection peremptory-challenges standard-of-review standing sufficiency-of-evidence |
Whether the lower court erred in denying the petitioner's challenge for cause and finding the evidence sufficient to support the conviction |
| 18-8082 |
Elton Lee Baker, Sr. v. Florida |
Florida |
2019-02-22 |
Denied |
Response WaivedIFP |
attempt charging-information criminal-attempt criminal-conviction criminal-procedure due-process mens-rea strict-liability |
Can a citizen be convicted of an uncharged crime of attempt of the primary charges in the charging information without the attempt statute being inclu… |
| 18-8083 |
Reshawn D'Arby Magnificent-El, aka Reshawn D'Arby Phillips v. United States |
Ninth Circuit |
2019-02-22 |
Denied |
Response WaivedIFP |
abuse-of-discretion compliance criminal-procedure discretion district-court drug-testing due-process knowingly-used-drugs sentencing-conditions supervised-release supervised-release-conditions |
Whether a district court abuses its discretion in imposing a drug-testing condition on a defendant who never knowingly used drugs, and has otherwise b… |
| 18-8090 |
Edward J. Zakrzewski, II v. Florida |
Florida |
2019-02-22 |
Denied |
IFP |
capital-punishment criminal-procedure death-penalty eighth-amendment florida-supreme-court fourteenth-amendment hurst-v-state jury-unanimity retroactive-application retroactivity savings-clause substantive-law |
Whether the Eighth and Fourteenth Amendments require retroactive application of the Florida Supreme Court's decision in Hurst v. State to capital defe… |
| 18-8093 |
John Ferreira v. Georgia |
Georgia |
2019-02-22 |
Denied |
Response WaivedIFP |
assault-definition civil-rights constitutional-interpretation constitutional-law criminal-law criminal-procedure due-process equal-protection legislative-amendment legislative-deference statutory-construction statutory-interpretation |
Did the State of Georgia err and violate the Petitioner's constitutional rights by upholding a statute that lacks an essential element of the crime ch… |
| 18-8095 |
Enrique Gamino-Perez v. United States |
Fifth Circuit |
2019-02-22 |
Denied |
Response WaivedIFP |
18-usc-3582 compassionate-release criminal-justice criminal-procedure criminal-sentencing federal-sentencing-guidelines retroactive-application retroactivity sentencing sentencing-guidelines statutory-interpretation |
Whether a criminal defendant should receive retroactive application of sentencing guidelines under 18 USC 3582(c) |
| 18-8097 |
Robert Herrera, Sr. v. Texas |
Texas |
2019-02-22 |
Denied |
IFP |
appeals appellate-procedure civil-rights criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel jurisdiction standard-of-review |
Was the Texas Court of Criminal Appeals denied Mr. Benton's appeal and the Texas Court of Appeals stated that his counsel's actions were below a reaso… |
| 18-8099 |
In Re Henry Lee Bryant |
|
2019-02-22 |
Denied |
Response WaivedIFP |
28-usc-1654 appellate-procedure collateral-proceeding collateral-review criminal-appeal criminal-procedure due-process ineffective-assistance-of-counsel judicial-discretion pro-se-representation right-to-counsel self-representation self-representation-right statutory-interpretation |
Did the Court of Appeals violate 28 U.S.C. § 1654 by refusing to allow Mr. Bryant to represent himself in the appeal of the collateral proceeding? |
| 18-8100 |
Senica Matthew Franklin v. Mississippi |
Mississippi |
2019-02-22 |
Denied |
Response WaivedIFP |
actual-innocence constitutional-challenge constitutional-provisions criminal-conviction criminal-procedure due-process habeas-corpus judicial-review legal-reversal newly-discovered-evidence post-conviction-relief reasons-for-granting-the-writ statement-of-the-case statutory-provisions |
Whether Senica Franklin's conviction and sentence should be reversed and set aside based upon newly discovered evidence |
| 18-8102 |
Vivian Monroe Holman v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-02-22 |
Denied |
IFP |
appellate-review civil-rights criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel judicial-process post-conviction-relief |
Whether the procedural protections required to challenge a conviction under 28 U.S.C. § 2255 were violated, including the right to an impartial trial … |
| 18-8106 |
Benjamin Crump v. Delaware |
Delaware |
2019-02-22 |
Denied |
Response WaivedIFP |
civil-rights conviction criminal-procedure due-process eyewitness-identification false-testimony fourteenth-amendment wrongful-conviction |
Whether a conviction obtained through the use of false witness testimony that is unreliable to identify the defendant at trial must be vacated under t… |
| 18-8109 |
Robert Blake Adams v. Texas |
Texas |
2019-02-22 |
Denied |
IFP |
4th-amendment blood-draw criminal-procedure due-process exigent-circumstances fourth-amendment retroactive-application retroactivity texas-transportation-code warrant-requirement warrantless-search |
Should this court's holding in Missouri v. McNeely, 133 S. Ct. 1552 (2013), be applied retroactively to state cases? |
| 18-8113 |
Troy Arnaud v. Darrel Vannoy, Warden |
Fifth Circuit |
2019-02-22 |
Denied |
Response WaivedIFP |
attorney-client client-autonomy constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel right-to-counsel right-to-testify self-representation sixth-amendment trial-counsel |
Whether Arnand was denied his constitutional right to the effective assistance of counsel |
| 18-1102 |
Askia Cuff v. Virginia |
Virginia |
2019-02-22 |
Denied |
Response Waived |
abandonment coercion counsel-withdrawal criminal-procedure plea-agreement plea-bargaining right-to-counsel sixth-amendment voluntariness voluntary voluntary-waiver withdrawal |
Was Appellant's waiver of his Sixth Amendment right to trial, pursuant to a plea agreement, freely and voluntarily made or the product of coercion — t… |
| 18-1084 |
Minnesota v. Mark Jerome Johnson |
Minnesota |
2019-02-21 |
Denied |
Amici (2)Response RequestedResponse WaivedRelisted (2) |
collateral-review constitutional-law criminal-procedure due-process dui fourth-amendment implied-consent retroactive-application retroactivity search-and-seizure warrant-requirement |
Retroactive application of Birchfield v. North Dakota rule on warrantless blood tests |
| 18-8028 |
Ronald Reel v. Darrel Vannoy, Warden |
Fifth Circuit |
2019-02-21 |
Denied |
Response WaivedIFP |
5th-amendment 6th-amendment civil-rights criminal-procedure due-process ineffective-assistance-of-counsel jury-instructions reasonable-doubt self-representation speedy-trial |
Whether petitioner was deprived of his 5th Amendment right to the Reasonable Doubts Clause |
| 18-8041 |
Mark Johnson v. United States |
District of Columbia |
2019-02-21 |
Denied |
Response WaivedIFP |
adolescent-culpability age-as-factor age-of-culpability brain-development criminal-procedure de-facto-life-sentence due-process eighth-amendment juvenile-sentencing miller-v-alabama montgomery-v-louisiana roper-v-simmons |
Whether the Court's rulings regarding when age is a factor in determining culpability apply to those under the age of 25, or is the age lower, but not… |
| 18-8044 |
Lois Brooks v. United States |
Second Circuit |
2019-02-21 |
Denied |
Response WaivedIFP |
criminal-procedure government-rights judicial-integrity judicial-proceedings mandatory-minimum plain-error sentencing sentencing-error substantial-rights |
Does the government have 'substantial rights' such that actions taken in derogation of them may constitute 'plain error' under Fed. R. Crim. Pro. 52(b… |
| 18-8047 |
Randy L. Pope v. Steve Franke |
Ninth Circuit |
2019-02-21 |
Denied |
Response WaivedIFP |
conviction-nullification convictions criminal-procedure disposition due-process federal-courts habeas-corpus judicial-discretion nullification re-sentencing relief-standard sentencing state-law |
Whether the district court must grant relief by adhering to the relief dictated by state law when the state concedes in habeas corpus proceedings and … |
| 18-8049 |
Ramon Montero v. United States |
Fifth Circuit |
2019-02-21 |
Denied |
Response WaivedIFP |
criminal-procedure federal-rules-of-criminal-procedure fifth-circuit harmless-error harmlessness-standard molina-martinez molina-martinez-precedent molina-martinez-v-united-states preserved-error preserved-errors rule-52a sentencing-guidelines standard-of-review |
Is the Fifth Circuit correctly conducting its harmlessness inquiry when reviewing preserved Guidelines-calculation errors arising under Rule 52(a) of … |
| 18-8051 |
Yeison Valencia Torres v. United States |
Eleventh Circuit |
2019-02-21 |
Denied |
Response WaivedIFP |
circuit-split conflict-of-laws criminal-procedure drug-enforcement drug-offense due-process equal-protection maritime-drug-law maritime-law safety-valve sentencing sentencing-relief statutory-interpretation |
Whether the exclusion of the Maritime Drug Law Enforcement Act (46 U.S.C. § 70503) from eligibility for safety valve violates equal protection |
| 18-8054 |
Michael Kenneth Young v. United States |
Fourth Circuit |
2019-02-21 |
Denied |
Response WaivedIFP |
4th-amendment crack-cocaine-seizure criminal-procedure criminal-procedure-joinder fair-trial firearm-seizure fourth-amendment joinder motion-to-suppress probable-cause search-and-seizure severance traffic-stop |
Did the Fourth Circuit Court of Appeals err in upholding the denial of Petitioner Michael Young's motion to sever his unrelated charges arising out of… |
| 18-8055 |
Kevin Ventura v. United States |
Second Circuit |
2019-02-21 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
18-usc-924c apprendi apprendi-v-new-jersey apprendi-violation circuit-split criminal-procedure due-process jury-consideration jury-instructions jury-trial mandatory-minimum sentencing sentencing-enhancement statutory-interpretation |
Is Mr. Ventura is serving two life sentences imposed in violation of Apprendi v. New Jersey? |
| 18-8058 |
Joel Elias Sanchez v. Jeffrey A. Beard, Secretary, California Department of Corrections and Rehabilitation |
Ninth Circuit |
2019-02-21 |
Denied |
Response WaivedIFP |
9th-circuit aedpa constitutional-rights crane-v-kentucky criminal-defense criminal-procedure due-process evidence-exclusion evidentiary-exclusion ninth-circuit-review right-to-present-defense self-defense |
Did excluding this evidence violate Sanchez's clearly established right under Crane? |
| 18-8066 |
Roger E. Magana v. Ron Credio, et al. |
Ninth Circuit |
2019-02-21 |
Denied |
Response WaivedIFP |
criminal-procedure due-process effective-counsel habeas-corpus impartial-jury ninth-circuit sixth-amendment supreme-court-review |
Does the Ninth Circuit's memorandum decision contravene this Court's rulings affirming the guarantees of effective counsel and an impartial jury for a… |
| 18-8067 |
Arthur Nop Lew v. California |
California |
2019-02-21 |
Denied |
Response WaivedIFP |
appellate-review constitutional-rights criminal-procedure due-process jury-instructions jury-trial self-defense sufficiency-of-evidence sufficiency-of-the-evidence trial-by-jury |
Whether upholding a criminal conviction based on a jury instruction and legal standard that are more favorable to the prosecution than what was actual… |
| 18-8070 |
Billie Wayne Coble v. Texas |
Texas |
2019-02-21 |
Denied |
IFP |
counsel-objection criminal-defense criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mccoy-precedent objection right-to-counsel sixth-amendment trial-strategy |
Whether the Texas Court of Criminal Appeals improperly narrowed McCoy |
| 18-8072 |
John J. Wilson v. Mark S. Inch, Secretary, Florida Department of Corrections |
Florida |
2019-02-21 |
Denied |
IFP |
14th-amendment 1st-amendment 5th-amendment 6th-amendment access-to-courts appellate-counsel constitutional-violation criminal-procedure discretionary-review due-process pro-se-representation sixth-amendment transcripts |
Can appellate counsel be denied, forcing a criminal defendant to represent himself in a direct appeal to the state district courts of appeal? |
| 18-8073 |
Tony D. Thompson v. Georgia |
Georgia |
2019-02-21 |
Denied |
IFP |
civil-procedure civil-rights collateral-review constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel out-of-time-appeal procedural-default standing withdrawal-of-guilty-plea |
Whether the trial court and the Georgia Supreme Court abused their discretion by failing to reach the merits of petitioner's out-of-time appeal |
| 18-8077 |
Donald Glenn Estes v. Renee Baker, Warden, et al. |
Ninth Circuit |
2019-02-21 |
Denied |
Response WaivedIFP |
competency-hearing criminal-procedure due-process fifth-amendment fourteenth-amendment involuntary-confinement mental-competency mental-health-confinement prosecutorial-evidence right-to-remain-silent wainwright-v-greenfield |
Whether this Court's Decisions in Wainwright v. Greenfield, 474 U.S. 284 (1996), and Buchanan v. Kentucky, 483 U.S. 402 (1987), Allow a Prosecutor to … |
| 18-8078 |
Elbert Walker v. Antoine Caldwell, Warden |
Eleventh Circuit |
2019-02-21 |
Denied |
Response WaivedIFP |
criminal-procedure habeas-corpus motion-to-vacate statutory-interpretation time-requirements trial-court-error void-judgment |
Whether the trial court erred in dismissing petitioner's motion to vacate the indictment on the premise that the motion did not qualify as a statutory… |
| 18-8021 |
Charles R. Baker v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2019-02-20 |
Denied |
IFP |
anti-terrorism-and-effective-death-penalty-act anti-terrorism-effective-death-penalty-act constitutional-rights criminal-procedure due-process effective-assistance-of-counsel first-amendment habeas-corpus ineffective-assistance-of-counsel newly-discovered-evidence sixth-amendment statute-of-limitations |
Whether the newly discovered evidence presented to the lower Courts was sufficient to toll the one year Statute of Limitation set forth in the 48 U.S.… |
| 18-8022 |
Leonicio Arias Coreas v. Harold W. Clarke, Director, Virginia Department of Corrections |
Fourth Circuit |
2019-02-20 |
Denied |
Response WaivedRelisted (2)IFP |
actual-innocence criminal-procedure dna-evidence due-process fourteenth-amendment fraud ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct sixth-amendment |
Did counsel fail to conduct a proper pre-trial investigation |
| 18-8032 |
Edgar Arellano v. California |
California |
2019-02-20 |
Denied |
IFP |
14th-amendment 6th-amendment appellate-procedure constitutional-rights criminal-procedure due-process fourteenth-amendment ineffective-assistance pre-trial-investigation right-to-counsel sixth-amendment |
Ineffective assistance of counsel |
| 18-8033 |
Luis Alberto Montalvo Borgos v. Sean Medeiros, Superintendent, Massachusetts Correctional Institution at Norfolk |
First Circuit |
2019-02-20 |
Denied |
Response WaivedIFP |
criminal-procedure drug-dealer due-process eyewitness-identification identification-procedure miscarriage-of-justice plain-error Prosecutor-elicited-testimony-about-witness-fear,c Prosecutor-stated-petitioner-was-known-drug-dealer prosecutorial-misconduct witness-testimony |
Was the identification of the petitioner unreasonably suggestive? |
| 18-8038 |
James Patrick Burke v. United States |
Fifth Circuit |
2019-02-20 |
Denied |
Response WaivedRelisted (2)IFP |
child-pornography criminal-procedure due-process exclusionary-rule fourth-amendment jurisdiction network-investigative-technique rule-41 rule-41(b) |
Should evidence be suppressed under the 'exclusionary rule' when obtained from Network Investigative Tecnique (NIT) warrants that violated Rule 41(b) … |
| 18-8011 |
Kevin Kerr v. William P. Barr, Attorney General |
Eighth Circuit |
2019-02-19 |
Denied |
Response WaivedIFP |
42-usc-1988 6th-amendment civil-rights competency criminal-procedure due-process federal-jurisdiction free-speech pardon pro-se-appearance psychological-evidence self-representation sixth-amendment standing |
Does 42 U.S.C. § 1988(a) confer jurisdiction on the respondent, the United States District Court, and the United States Court of Appeals conveying to … |
| 18-8012 |
Tasha Michelle Blackburn v. United States |
Eleventh Circuit |
2019-02-19 |
Denied |
Response WaivedIFP |
counsel-communication criminal-procedure due-process duty-to-advise ineffective-assistance ineffective-assistance-of-counsel plea-acceptance plea-bargaining plea-negotiations professional-responsibility sixth-amendment |
What constitutes communicating a plea, and does counsel have an obligation to recommend accepting a plea, or rejecting a plea and proceeding to trial? |
| 18-8014 |
Wyley Tomas Baird v. Tammy Foss, Acting Warden |
Ninth Circuit |
2019-02-19 |
Denied |
IFP |
burden-of-proof civil-rights criminal-procedure due-process evidence federal-court ineffective-assistance-of-counsel judgment jury-instructions opinion petition prosecutorial-misconduct reasonable-doubt sexual-assault supreme-court writ-of-certiorari |
Was Petitioner denied due process of law and the right to be convicted only upon proof beyond a reasonable doubt? |
| 18-8015 |
In Re Michael Ojegba Agbonifo |
|
2019-02-19 |
Denied |
Response WaivedIFP |
appeal constitutional-rights criminal-detention criminal-procedure criminal-proceedings detention due-process indefinite-detention judicial-misconduct legal-representation not-guilty right-to-counsel right-to-trial trial |
Is it Constitutional for a District Court Judge to Hold an accused in an alleged criminal proceedings indefinitely in detention without TRIAL when the… |
| 18-8024 |
Alex Rodriguez v. New Jersey |
New Jersey |
2019-02-19 |
Denied |
Relisted (3)IFP |
constitutional-rights counsel-representation criminal-procedure due-process effective-assistance evidentiary-hearing guilty-plea new-jersey-constitution plea-bargaining pre-trial-preparation pretrial-preparation right-to-counsel sexual-offense sixth-amendment |
Was the defendant denied the right to effective assistance of trial counsel? |
| 18-8025 |
Michael St. Hubert v. United States |
Eleventh Circuit |
2019-02-19 |
Denied |
Response WaivedIFP |
18-usc-924 18-usc-924(c)(3)(B) constitutional-vagueness crime-of-violence criminal-law criminal-procedure due-process first-step-act johnson-v-united-states residual-clause sentencing-enhancement sessions-v-dimaya statutory-interpretation unconstitutionally-vague vagueness |
Is the definition of 'crime of violence' in the residual clause of 18 U.S.C. § 924(c)(3)(B) unconstitutionally vague? |
| 18-8031 |
William Bolden v. Pennsylvania |
Pennsylvania |
2019-02-19 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process jury prior-conviction reasonable-doubt sentencing sentencing-enhancement statutory-maximum |
Was petitioner sentenced under a statute that violate due process of law under the United States Constitution by permitting a trial court to impose an… |
| 18-1079 |
Javier Flores Gaytan v. Michael Hardee |
Fourth Circuit |
2019-02-19 |
Denied |
|
actual-innocence constitutional-standard criminal-conviction criminal-procedure due-process evidence federal-habeas-corpus ineffective-assistance ineffective-assistance-of-counsel right-to-confrontation right-to-fair-trial summary-witness wire-recording |
Whether a State may obtain a criminal conviction and 37-year prison sentence against a defendant where the primary evidence of guilt was a wire-record… |
| 18-7969 |
Willie Ed Smith v. Mississippi |
Mississippi |
2019-02-15 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-conviction criminal-procedure due-process equal-protection habeas-corpus illegal-sentence ineffective-assistance-of-counsel judicial-misconduct legal-procedure prosecutorial-misconduct sentencing sentencing-error |
Whether Smith's conviction and sentence derived from judicial misconduct |
| 18-7987 |
Ikemefula Charles Ibeabuchi v. Paul Penzone, et al. |
Ninth Circuit |
2019-02-15 |
Denied |
Relisted (2)IFP |
administrative-law appeal civil-procedure civil-procedure-appeal conviction-expungement criminal-procedure due-process habeas-corpus revocation standing |
Whether the District Judge committed a reversible error by forestalling Appellant's relief pending the outcome of a revocation proceeding |
| 18-7994 |
Daniel H. King v. United States |
Fourth Circuit |
2019-02-15 |
Denied |
Response WaivedIFP |
bureau-of-prisons civil-commitment civil-rights criminal-law criminal-procedure custody-transfer district-of-columbia due-process federal-jurisdiction federal-law habeas-corpus sentencing statutory-interpretation |
Whether someone serving a sentence imposed by the District of Columbia whose physical custody was transferred to the Bureau of Prisons is 'in the cust… |
| 18-7995 |
Rodney Martin v. United States |
Sixth Circuit |
2019-02-15 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review criminal-procedure criminal-sentencing due-process judicial-discretion procedural-error reasonableness-of-sentence section-3553a sentencing sentencing-factors sentencing-guidelines |
Did the trial court improperly sentence Mr. Martin and did the appellate court improperly affirm the trial court? |
| 18-7997 |
Samuel Gregg Allen v. United States |
Fifth Circuit |
2019-02-15 |
Denied |
Response WaivedIFP |
appeal civil-rights constitutional-provision criminal-procedure due-process fifth-circuit plea-agreement unconstitutional waiver waiver-of-appeal |
Whether the Fifth Circuit erred by enforcing the unconstitutional Waiver of Appeal provision in Petitioner Allen's Plea Agreement |
| 18-8001 |
William Fykes v. West Virginia |
West Virginia |
2019-02-15 |
Denied |
IFP |
14th-amendment constitutional-rights credibility criminal-procedure due-process intent jury-instructions post-arrest-silence prosecutorial-misconduct self-incrimination |
Whether Petitioner's rights under the due process of law were violated where the trial Court committed reversible error by refusing to provide jurors … |
| 18-8003 |
Anthony J. Dannolfo v. Mark S. Inch, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2019-02-15 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
constitutional-rights criminal-procedure due-process ineffective-assistance-of-counsel lafler-v-cooper north-carolina-v-alford plea-bargaining strickland-standard strickland-v-washington |
Did Dannolfo's protestation of innocence foreclose his ability of proving Strickland prejudice under Lafler v. Cooper, or did the courts fail to give … |
| 18-8007 |
Kenneth R. Beagle v. Kevin Lindsey, Warden |
Sixth Circuit |
2019-02-15 |
Denied |
Response WaivedIFP |
alleyne-ruling Alleyne-v-United-States constitutional-law criminal-procedure due-process Montgomery-v-Louisiana retroactivity retroactivity-doctrine supreme-court teague-doctrine Teague-v-Lane |
Did the court in Montgomery v. Louisiana identify, for the first time, a third criteria for determining which of its rulings may be applied retroactiv… |
| 18-7895 |
Jerry Anderson, II v. Michigan |
Michigan |
2019-02-14 |
Denied |
Response WaivedRelisted (2)IFP |
coercion criminal-procedure due-process effective-assistance-of-counsel ineffective-assistance-of-counsel plea-bargaining right-to-trial sixth-amendment |
Was the defendant denied his state and federal constitutional rights to effective assistance of counsel when his attorney failed to prepare for trial … |
| 18-7955 |
Antoine Deshawn Barnes v. David Baughman, Warden |
Ninth Circuit |
2019-02-14 |
Denied |
IFP |
constitutional-amendment constitutional-law criminal-procedure criminal-sentences criminal-sentences-parole due-process early-release non-violent-offenders parole parole-considerations-hearings parole-eligibility parole-hearings sentencing statute violent-offenses |
Whether individuals who receive a determinate sentence do not need a parole consideration hearing to be released from prison at the end of their sente… |
| 18-7958 |
John Lohmeier v. United States |
Seventh Circuit |
2019-02-14 |
Denied |
Response WaivedIFP |
certificate-of-appealability constitutional-rights criminal-procedure guilty-plea ineffective-assistance ineffective-assistance-of-counsel plea-bargaining statute-of-limitations strickland-standard strickland-v-washington |
Was Petitioner's plea of guilty knowingly and voluntarily entered? |
| 18-7961 |
David Martinko v. New Hampshire |
New Hampshire |
2019-02-14 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
absurdity-doctrine battery battery-continuous-course-of-conduct continuous-course-of-conduct criminal-offense criminal-offenses criminal-offenses-absurdity-doctrine-legislative-s criminal-procedure double-jeopardy due-process judicial-review legal-doctrine legislative-supremacy statutory-interpretation |
Should the 'Absurdity Doctrine' be limited or abandoned in criminal offenses altogether to protect legislative supremacy? |
| 18-7967 |
James Dalton Smith v. Texas |
Texas |
2019-02-14 |
Denied |
Response WaivedIFP |
constitutional-challenge criminal-defendant criminal-procedure direct-appeal due-process facial-challenge penal-statute standing statutory-interpretation |
Whether a criminal defendant may raise for the first time on direct appeal the constitutionality of the statute creating and defining the crime for wh… |
| 18-7968 |
Joseph Ragland v. North Carolina |
North Carolina |
2019-02-14 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure due-process effective-assistance-of-counsel equal-protection postconviction-relief sentencing sixth-amendment state-statute |
Whether a state statute that limits the availability of postconviction relief violates the Equal Protection and Due Process Clauses of the Fourteenth … |
| 18-7972 |
Victor D. Vickers, Jr. v. Missouri |
Missouri |
2019-02-14 |
Denied |
Amici (1)Response WaivedIFP |
alibi alibi-evidence criminal-procedure criminal-procedure-discovery-sanctions discovery discovery-violation due-process fourteenth-amendment sixth-amendment taylor-v-illinois willful-violation |
Whether the exclusion of alibi evidence that could prove a defendant's innocence, as a sanction for an uncalculated discovery violation, is permitted … |
| 18-7973 |
Jaime Villa v. United States |
Ninth Circuit |
2019-02-14 |
Denied |
Response WaivedIFP |
bank-robbery burden-of-proof crime-of-violence criminal-evidence criminal-law criminal-procedure due-process eighth-amendment federal-rules-of-evidence jury-instructions reasonable-doubt sufficiency-of-evidence |
Whether there was insufficient evidence to prove Villa guilty beyond a reasonable doubt? |
| 18-7974 |
Carlos Cruz-Rivera, aka Chiqui, aka Cano, aka Cano Llorens v. United States |
First Circuit |
2019-02-14 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-sentencing direct-appeal federal-statute first-step-act pending-cases retroactive-application retroactivity sentencing sentencing-enhancement statutory-interpretation |
Whether 18 U.S.C. § 924(c)(1)(C), as amended and clarified by the First Step Act of 2018, should apply to this case on direct review |
| 18-7978 |
Raymond Amerson v. United States |
Eighth Circuit |
2019-02-14 |
Denied |
Response WaivedIFP |
all-writs-act audita-querela clarification criminal-procedure jurisdictional-review relevant-conduct sentencing-guidelines united-states-v-morgan |
Whether an All Writs Act petition pursuant to 28 U.S.C. § 1651 (Audita Querela) fills the gap where a defendant has no other appropriate vehicle to pu… |
| 18-7979 |
Eric K. Watkins v. United States |
Sixth Circuit |
2019-02-14 |
Denied |
Response WaivedIFP |
6th-amendment constitutional-vagueness crime-of-violence criminal-law criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel right-to-counsel sixth-amendment statutory-interpretation vagueness |
Whether the subsection-specific definition of 'crime of violence' in 18 U.S:C. 924(c)(3) (B) is unconstitutionally vague |
| 18-7980 |
Joseph Michael Ladeairous v. Department of Justice |
District of Columbia |
2019-02-14 |
Dismissed |
Response WaivedIFP |
civil-rights criminal-procedure criminal-proceeding due-process foia-request foreign-intelligence-surveillance foreign-intelligence-surveillance-act freedom-of-information freedom-of-information-act national-security standing summary-judgment surveillance terrorist-designation |
Whether petitioner had a right to confront respondent under the Foreign Intelligence Surveillance Act |
| 18-7984 |
James Scott Ervin v. United States |
Fourth Circuit |
2019-02-14 |
Denied |
Response WaivedIFP |
18-usc-924 armed-career-criminal-act criminal-law criminal-procedure due-process fourth-circuit north-carolina statutory-interpretation violent-felony |
Did the Fourth Circuit Court of Appeals violate the Petitioner's rights to due-process by not following this Court's prior holdings, when it determine… |
| 18-7986 |
Maurin Chacon v. United States |
Eleventh Circuit |
2019-02-14 |
Denied |
Response WaivedIFP |
794 amendment-violation civil-rights criminal-procedure due-process federal-law judicial-review plain-error plain-error-standard rosales-mireles rosales-mireles-v-united-states sentencing statutory-interpretation united-states-v-olan |
Does a amendment violation of 794 warrant a plain error review under Rosales-Mireles |
| 18-1066 |
Tracy Chang and Howard Hsu v. United States |
Ninth Circuit |
2019-02-14 |
Denied |
Response Waived |
criminal-defense criminal-procedure fourth-amendment good-faith good-faith-defense good-faith-reliance jury-instructions search-warrant standing tax-fraud |
Whether a court must instruct the jury on a criminal defendant's good-faith reliance on professional tax advice as a defense, the scope of discretion … |
| 18-1064 |
In Re Octavious DeMont Williams |
|
2019-02-13 |
Denied |
|
21-usc-841 burden-of-proof constitutional-due-process constitutional-rights controlled-substance criminal-procedure due-process elements-of-crime fifth-amendment judicial-misconduct jury jury-finding jury-trial |
Octavious Demont Williams petitioned for a writ of habeas corpus, arguing that his constitutional due process was violated when he was deprived of the… |
| 18-7935 |
Kahri Smith v. Bonita J. Hoffner, Warden |
Sixth Circuit |
2019-02-13 |
Denied |
Response WaivedIFP |
certiorari criminal-procedure felony jurisdiction michigan-law reasonable-jurists self-defense sixth-circuit |
Is certiorari appropriate where the Sixth Circuit Court of Appeals decided the merits of petitioner's self-defense claim without jurisdiction and is i… |
| 18-7936 |
Jaquan Henderson v. Greg Skipper, Warden |
Sixth Circuit |
2019-02-13 |
Denied |
Response WaivedIFP |
affirmative-defense constitutional-law criminal-law criminal-procedure duress legal-justification murder statutory-interpretation |
WHETHER DURESS IS AN AFFIRMATIVE DEFENSE PRIOR TO AN OCCURRENCE OF MURDER? |
| 18-7937 |
Jaques J. Sullivan v. Scott Lewis, Warden |
Fourth Circuit |
2019-02-13 |
Denied |
Response WaivedIFP |
civil-procedure conflict-of-interest constitutional-rights criminal-procedure dementia due-process fourteenth-amendment ineffective-assistance-of-counsel legal-malpractice sixth-amendment standing |
Did the lower courts err in dismissing the petitioner's claim of actual conflict of interest due to trial counsel's dementia, which resulted in ineffe… |
| 18-7941 |
Trevor Little v. United States |
Fourth Circuit |
2019-02-13 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure due-process ex-post-facto ex-post-facto-clause restitution sentencing statute-of-limitations statutory-interpretation |
Did the lower courts' Fourth Circuit violate the Ex Post Facto Clause of the United States Constitution Article I, Section 9, Clause 3, when it still … |
| 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 |
| 18-7945 |
Carl Allen Watts v. Michigan |
Michigan |
2019-02-13 |
Denied |
Relisted (2)IFP |
appeal appeals appellate-review civil-rights constitutional-question criminal-procedure double-jeopardy due-process equal-protection judicial-bias legal-standard michigan-court-of-appeals procedural-conflict standing |
Whether the Michigan Court of Appeals decision to reversed and remanded for a new trial in two similarly situated cases as petitioner's case, conflict… |
| 18-7947 |
Tyrone Garden v. Massachusetts |
Massachusetts |
2019-02-13 |
Denied |
Response WaivedIFP |
constitutional-right criminal-procedure dispositive-motion effective-assistance-of-counsel guilty-plea ineffective-assistance-of-counsel plea-bargaining pretrial-motion pretrial-motions sixth-amendment strickland-standard strickland-v-washington |
Where trial counsel failed to update his research on a dispositive pretrial motion to dismiss before the defendant pleaded guilty, did Garden have the… |
| 18-7948 |
Cesar Carapia Hernandez v. United States |
Fifth Circuit |
2019-02-13 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 18-7949 |
In Re Reginald Watson |
|
2019-02-13 |
Denied |
Response WaivedIFP |
2241-motion career-offender civil-rights criminal-procedure district-court-jurisdiction due-process habeas-corpus habeas-corpus-2241 jurisdiction sentencing standard-of-review standing statutory-interpretation supreme-court-precedent |
Whether the District Court erred in dismissing Watson's 2241 motion for lack of jurisdiction? |
| 18-7950 |
Marquette Walker v. United States |
Sixth Circuit |
2019-02-13 |
Denied |
Response WaivedIFP |
4th-amendment constructive-possession criminal-law criminal-procedure due-process evidence evidence-law premises-liability search-and-seizure |
Does nonexclusive possession of a premises serve to establish constructive possession of items found within the premises? |
| 18-7904 |
Spassky Alcequiecz v. Kelly A. Ryan, Warden |
First Circuit |
2019-02-12 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fair-trial fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel manslaughter manslaughter-instruction sixth-amendment |
Whether the petitioner was denied his constitutional right to a fair trial, due to ineffective assistance of counsel |
| 18-7905 |
Christopher A. Hall v. United States |
Fourth Circuit |
2019-02-12 |
Denied |
Response WaivedIFP |
criminal-procedure due-process indiana-v-edwards medical-condition medical-resuscitation medication mental-competency pro-se-representation self-representation |
Does a higher standard exist for measuring competency to represent oneself at trial, than for competency to stand trial |
| 18-7918 |
Rutilio Hernandez v. United States |
Fifth Circuit |
2019-02-12 |
Denied |
Response WaivedIFP |
18-usc-3553 18-usc-3553(a) 18-usc-3553a 18-usc-924 abuse-of-discretion constitutional-law criminal-procedure district-court district-court-discretion sentence-reduction sentencing-error sentencing-guidelines statutory-directive statutory-interpretation substantive-error sufficient-but-not-greater-than-necessary |
Whether the District Court Committed substantive error when failed to impose a sentence that was sufficient but not greater than necessary to comply w… |
| 18-7920 |
Harold A. Habeck, II v. United States |
Fourth Circuit |
2019-02-12 |
Denied |
Response WaivedIFP |
consecutive-sentences criminal-procedure criminal-procedure,sentencing,mandatory-minimums,d criminal-sentencing discretion drug-offense drug-offenses firearms mandatory-minimum mandatory-minimums predicate-crime sentencing-discretion statutory-interpretation |
Whether the district court has discretion to consider less than the mandatory sixty month consecutive sentence for a predicate drug offense under 21 U… |
| 18-7922 |
Thomas Isaac LaFleur v. United States |
Eleventh Circuit |
2019-02-12 |
Denied |
Response WaivedIFP |
criminal-procedure eleventh-circuit federal-registration firearm-definition national-firearms-act second-amendment staples-v-united-states statutory-interpretation subject-matter-jurisdiction united-states-v-freed weapon-classification |
Did the Eleventh Circuit Court of Appeals error in denying the Petitioner's Subject-Matter Jurisdiction claim |
| 18-7926 |
Hubert Babb v. Clara Smith, et al. |
Eleventh Circuit |
2019-02-12 |
Denied |
IFP |
appeals civil-rights constitutional-rights criminal-procedure criminal-prosecution determinative-motive due-process equal-protection jury-selection racial-discrimination sentencing |
Whether indigent and/or pro se defendants in criminal prosecutions have constitutional protection from the presence of socioeconomic discrimination as… |
| 18-7927 |
Tyrone Anderson v. United States |
Eighth Circuit |
2019-02-12 |
Denied |
Response WaivedIFP |
career-offender career-offender-enhancement criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel sentencing-guidelines sixth-amendment strickland-standard strickland-v-washington townsend-v-burke |
Whether trial counsel provided ineffective assistance of counsel as required by the Sixth Amendment |
| 18-7928 |
Gilbert Carrasco v. United States |
Ninth Circuit |
2019-02-12 |
Denied |
Response WaivedIFP |
abney-rule appeal bail bail-denial criminal-procedure district-court-jurisdiction double-jeopardy due-process habeas-corpus jurisdiction notice-of-appeal |
Was U.S. District Court, (S.D. Cal.) divested of jurisdiction because of Abney-rule |
| 18-7932 |
Dale Allen Hamer v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-02-12 |
Denied |
Relisted (2)IFP |
civil-rights constitutional-rights court-record criminal-procedure due-process judicial-review plea-bargaining pre-trial-hearing sentencing transcript warrant-review |
Whether the lower courts erred in denying petitioner's request to review the court records, transcripts, and findings related to his conviction and se… |
| 18-7934 |
Seaun Llwellyn Farthing v. Dara Watson, Warden |
Fourth Circuit |
2019-02-12 |
Denied |
Relisted (2)IFP |
criminal-procedure double-jeopardy due-process federal-rules-of-evidence ineffective-assistance ineffective-assistance-of-counsel lesser-included-offense perjury prior-conviction prosecutorial-misconduct statutory-burglary witness-testimony |
Was trial counsel ineffective for failing to prevent prosecutorial misconduct? |
| 18-1054 |
Jason Allen Jackson v. United States |
Eighth Circuit |
2019-02-12 |
Denied |
|
admissibility circuit-split criminal-procedure criminal-prosecution drug-crimes drug-possession due-process evidence evidence-admissibility knowledge-intent prior-conviction prior-convictions |
Whether the mere fact of a prior drug possession conviction is admissible to show knowledge and intent in a subsequent drug distribution prosecution |
| 18-1049 |
Peter M. Hoffman, et al. v. United States |
Fifth Circuit |
2019-02-11 |
Denied |
Amici (3) |
criminal-law-fraud criminal-procedure criminal-procedure-acquittal criminal-procedure-burden-of-proof criminal-procedure-sufficiency-of-evidence due-process evidence evidentiary-standard jackson-v-virginia judgment-of-acquittal mail-fraud prosecutorial-burden regulatory-ambiguity standard-of-review sufficiency-of-evidence wire-fraud |
Whether a federal court must grant a motion for judgment of acquittal when, construing the evidence in the light most favorable to the government, evi… |
| 18-1052 |
Zenaido Renteria, Jr. v. United States |
Third Circuit |
2019-02-11 |
Denied |
|
article-iii circuit-split constitutional-interpretation constitutional-rights continuing-offenses criminal-procedure criminal-venue due-process reasonable-foreseeability sixth-amendment |
Whether the Constitution limits venue in criminal trials to those places where the defendant could reasonably foresee that an overt act would occur |
| 18-7873 |
Troy Sierra v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2019-02-11 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process eyewitness-identification fair-trial false-testimony ineffective-assistance-of-counsel ineffective-counsel right-to-counsel rights-advisement sixth-amendment |
Why were Petitioner's Fifth, Sixth, and Fourteenth Amendment rights violated? |
| 18-7877 |
Lester Roger Decker v. United States |
Ninth Circuit |
2019-02-11 |
Denied |
Response WaivedIFP |
attorney-performance constitutional-law constitutional-rights criminal-procedure due-process fair-trial ineffective-assistance ineffective-assistance-of-counsel legal-representation right-to-counsel sixth-amendment |
Was defendant's attorney's role to fulfill his advisory position to his client ineffective, thus violating client's right to Due Process? |
| 18-7879 |
Clayton D. Colkley v. Maryland |
Maryland |
2019-02-11 |
Denied |
IFP |
5th-amendment appeal appeals appellate-review constitutional-law constitutional-rights criminal-procedure double-jeopardy due-process jurisdiction motion-to-dismiss trial-court trial-court-jurisdiction |
Did the court of special appeals of maryland err in affirming trial court's denial of defendant's motion to dismiss on the ground of double-jeopardy? |
| 18-7880 |
Terrance Jerome Clarke v. United States |
Eleventh Circuit |
2019-02-11 |
Denied |
Response WaivedIFP |
6th-amendment civil-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel judicial-bias mental-health plea-bargaining right-to-counsel |
Were the charges filed at the same time and no other firearm was involved during the offense? |
| 18-7884 |
Paula Villalva-Patricio v. United States |
Fifth Circuit |
2019-02-11 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fair-trial ineffective-assistance-of-counsel pertinent-information right-to-testify sixth-amendment testify translation-of-proceedings |
Whether the Defendant received ineffective assistance of counsel when Appellant wished to testify or otherwise introduce pertinent information and her… |
| 18-7885 |
Christopher VanGuilder v. Daniel Martuscello, Superintendent, Coxsackie Correctional Facility |
Second Circuit |
2019-02-11 |
Denied |
Response WaivedRelisted (2)IFP |
conflict-of-interest criminal-procedure due-process entrapment-defense grand-jury ineffective-assistance ineffective-assistance-of-counsel prejudicial-testimony right-to-counsel sixth-amendment supplemental-instructions supplemental-jury-instructions |
Whether United States District Second Circuit Court Of Appeals and or said Lower Court's Erred in Failing to grant Petitioner's Ineffective Assistance… |
| 18-7886 |
Akeen Ocean v. United States |
First Circuit |
2019-02-11 |
Denied |
Response WaivedIFP |
6th-amendment criminal-procedure deliberate-elicitation government-informant informant-testimony massiah-doctrine massiah-v-united-states post-indictment-rights right-to-counsel sixth-amendment |
Does 'deliberate elicitation' for purposes of Massiah v. United States occur only in cases where the government has expressly directed its informant t… |
| 18-7888 |
Furn-Lee Salomon v. Patrick Nogan, Administrator, East Jersey State Prison, et al. |
Third Circuit |
2019-02-11 |
Denied |
IFP |
constitutional-safeguards criminal-procedure cumulative-error due-process evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel passport-fraud pre-trial-investigation prejudicial-testimony pretrial-investigation strategic-decision strickland-standard strickland-v-washington trial-counsel witness-testimony |
Was trial counsel ineffective? |
| 18-7900 |
Jorge Ernesto Blanco-Rodriguez v. United States |
Fifth Circuit |
2019-02-11 |
Denied |
Response WaivedIFP |
criminal-procedure direct-appeal guilty-plea immigration-consequences ineffective-assistance ineffective-assistance-of-counsel non-citizen-defendant padilla-v-kentucky plea-bargaining plea-colloquy supervisory-power |
Whether a trial court commits error when it takes a guilty plea from a criminal defendant when the trial court is on specific notice that defense coun… |
| 18-7822 |
Meryl S. McDonald v. Mark S. Inch, Secretary, Florida Department of Corrections |
Florida |
2019-02-08 |
Denied |
IFP |
14th-amendment criminal-procedure criminal-procedure-jurisdiction due-process habeas-corpus jurisdiction jurisdictional-fact postconviction-counsel pro-se-filing standing voir-dire |
Whether the voir dire examination oath provision of Rules 3.191 and 3.300(a) of the Florida Rules of Criminal Procedure is a jurisdictional fact |
| 18-7855 |
Barry Glenn Thunder v. Douglas Weber, Warden |
Eighth Circuit |
2019-02-08 |
Denied |
IFP |
civil-rights criminal-procedure due-process evidence false-accusation ineffective-assistance-of-counsel standing |
Why was the petitioner arrested on a forensic charge when the videos clearly show the victim's right hand that is clearly seen in the videos to prove … |
| 18-7857 |
Calvin Raymond Jones v. United States |
Sixth Circuit |
2019-02-08 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
circuit-split civil-procedure civil-rights constitutional-concerns courts-of-appeals criminal-procedure due-process retribution sentencing supervised-release |
Whether a district court commits reversible error by imposing a sentence for a supervised release violation for the purpose of retribution |
| 18-7859 |
Frank D. Monsegue, Sr. v. United States |
Eleventh Circuit |
2019-02-08 |
Denied |
Response WaivedRelisted (2)IFP |
6th-amendment criminal-procedure criminal-procedure-defects due-process federal-jurisdiction federal-rules-of-criminal-procedure plea-agreement standing subpoena warrantless-arrest |
Whether defective summons/subpoena (without authorizing authority, name or signature) attached herein render the indictment defective? |
| 18-7860 |
Timothy L. Barnes v. Michigan |
Michigan |
2019-02-08 |
Denied |
IFP |
collateral-review constitutional-law criminal-procedure due-process fourteenth-amendment jury-finding mandatory-minimum retroactivity sixth-amendment substantive-rule watershed-rule |
Does the Alleyne rule apply retroactively on collateral review? |
| 18-7861 |
Gary Don Boyd Graves v. United States |
Fifth Circuit |
2019-02-08 |
Denied |
Response WaivedIFP |
18-usc-3014 criminal-procedure district-court district-court-discretion future-earning-capacity future-earnings indigency mandatory-assessment mandatory-special-assessment non-indigent sentencing statutory-interpretation |
Whether district courts can consider future earning capacity in determining whether a person is 'non-indigent' for the purposes of assessing the $5000… |
| 18-7862 |
Vincent Beatty, aka Jamaal Beatty, aka Vincent Daward Beatty, aka Mozzi v. United States |
Fourth Circuit |
2019-02-08 |
Denied |
Response WaivedIFP |
abuse-of-discretion advisory-guidelines criminal-history criminal-procedure criminal-sentencing felon-in-possession reasonableness reasonableness-review sentencing-guidelines sentencing-variance sua-sponte upward-variance |
Whether a sua sponte upward variance sentence is reasonable where the advisory Guideline range accurately reflected the defendant's conduct and prior … |
| 18-7864 |
Prince Charles Cotton, Sr. v. Ghae Harris, Warden |
Ohio |
2019-02-08 |
Denied |
IFP |
civil-rights constitutional-violation criminal-procedure due-process equal-protection habeas-corpus illegal-confinement imprisonment ohio-law parole sentencing sentencing-entry standing supreme-court-ruling |
Is it Lawful, For The State Of Ohio to Hold The Herein Petitioner In Illegal Confinement, 'Under' Statutes That: The ' United States Supreme Court Has… |
| 18-7870 |
Jeremiah W. Balik v. United States |
Ninth Circuit |
2019-02-08 |
Denied |
Response WaivedIFP |
14th-amendment 4th-amendment 6th-amendment armed-forces-status civil-rights criminal-procedure due-process interlocutory-appeal judicial-bias judicial-review removal removal-jurisdiction sixth-amendment |
Whether harmful legal error occurred in the lower court proceedings |
| 18-7875 |
Lionel Cannon, aka Cannon v. United States |
Third Circuit |
2019-02-08 |
Denied |
Response WaivedIFP |
carpenter-precedent carpenter-v-united-states criminal-procedure fourth-amendment franks-hearing law-enforcement search-and-seizure vehicle-search warrant-requirement warrantless-search wiretaps |
Was Cannon denied his Fourth Amendment rights? |
| 18-7876 |
Jordie L. Callahan v. United States |
Sixth Circuit |
2019-02-08 |
Denied |
Response WaivedRelisted (2)IFP |
6th-amendment competency-hearing criminal-procedure criminal-proceedings direct-appeal due-process effective-assistance-counsel effective-assistance-of-counsel mental-capacity mental-competency mental-evaluation sixth-amendment |
Whether a Mentally Deficient Defendant is Entitled to a Competency Hearing or Mental Evaluation |
| 18-1043 |
Adam Clayton Zilm v. Oklahoma |
Oklahoma |
2019-02-08 |
Denied |
Response RequestedRelisted (2) |
burden-of-proof coerced-testimony criminal-procedure due-process false-testimony napue-standard napue-v-illinois recantation reliability-hearing witness-coercion |
Conviction of child sex abuse challenged on due process grounds for use of coerced testimony at trial |
| 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 |
| 18-7788 |
Sunny Robinson v. United States |
Fifth Circuit |
2019-02-07 |
Denied |
Response WaivedIFP |
appeal appellate-review compassionate-release criminal-justice criminal-procedure district-court-discretion due-process federal-sentencing judicial-discretion sentence-reduction sentencing statutory-interpretation |
Whether the District Court and the Fifth Circuit erred in not granting relief under Title 18 U.S.C. § 3582 |
| 18-7802 |
Michael Hopson v. United States |
Fourth Circuit |
2019-02-07 |
Denied |
Response WaivedIFP |
aid-of-racketeering attempted-murder constitutional-claims criminal-intent criminal-procedure due-process fifth-amendment fourteenth-amendment fourth-circuit insufficient-evidence murder pattern-of-racketeering racketeering-conspiracy |
Whether the evidence was insufficient to convict the petitioner of racketeering conspiracy and murder/attempted murder in aid of racketeering |
| 18-7804 |
Denandias Watson v. United States |
Eleventh Circuit |
2019-02-07 |
Denied |
Response WaivedIFP |
armed-career-criminal-act burden-of-proof collateral-review criminal-procedure due-process residual-clause retroactivity sentencing sentencing-enhancement statutory-interpretation |
Whether a § 2255 defendant may prove that his ACCA-enhanced or § 3559(c)-enhanced sentence was based on the now-unconstitutional residual clause throu… |
| 18-7811 |
Ronald Bishop Thompson v. Noah Nagy, Warden |
Sixth Circuit |
2019-02-07 |
Denied |
Response WaivedIFP |
cell-phone-testimony cell-site-location cell-site-location-information criminal-procedure fourth-amendment fourth-amendment-search ineffective-assistance ineffective-assistance-of-counsel search-and-seizure stored-communications-act warrant-requirement |
Did trial counsel perform ineffectively at Petitioner's second trial |
| 18-7812 |
Raheem Wilcox v. New Jersey |
New Jersey |
2019-02-07 |
Denied |
Response WaivedIFP |
adverse-inference adverse-inference-charge civil-rights criminal-procedure criminal-procedure-discovery-rule-3:13-3 discovery discovery-rule due-process evidence new-trial-factual-predicate new-trial-standard post-conviction-relief pre-indictment-destruction pre-indictment-destruction-of-evidence retroactive-application teague-v-lane |
Whether the New Jersey Supreme Court's decision in State v. W.B should be retroactively applied to the petitioner's case |
| 18-7818 |
Marcos Castaneda v. United States |
Seventh Circuit |
2019-02-07 |
Denied |
Response WaivedIFP |
alleyne-v-united-states criminal-procedure drug-offense due-process judicial-finding jury-trial mandatory-minimum preponderance-of-evidence preponderance-of-the-evidence sentencing sentencing-guidelines |
Whether a district court commits procedural error by basing its sentencing guideline calculation on a discretionary judicial finding by a preponderanc… |
| 18-7820 |
Kelly Winton Pierce v. Erik Hooks |
Fourth Circuit |
2019-02-07 |
Denied |
Response WaivedIFP |
burden-of-proof civil-rights criminal-conviction criminal-procedure due-process essential-element jury-instructions sex-offender sex-offender-registration |
Whether a criminal defendant's jury trial was fundamentally violated due to the trial judge's jury instructions that changed and expanded the definiti… |
| 18-7821 |
Darryl Mixon v. Mississippi |
Mississippi |
2019-02-07 |
Denied |
Response WaivedIFP |
actual-innocence civil-procedure criminal-conviction criminal-procedure due-process eighth-amendment formal-complaint jurisdiction jurisdiction-over-persons jurisdiction-over-subject-matter procedural-defect sentencing standing subject-matter |
Whether the trial court lacked jurisdiction over the persons and the subject matter of this cause, in absence of a signed formal complaint? |
| 18-7825 |
Trevonte Jenkins v. Ohio |
Ohio |
2019-02-07 |
Denied |
Response RequestedRelisted (2)IFP |
constitutional-law constitutional-rights criminal-procedure due-process fair-trial flawed-process identification in-court-identification state-witness witness-testimony |
Is a petitioner denied due process of law and a fair trial when identification was at issue at trial and there was a flawed process related to a first… |
| 18-7826 |
Curtis R. Leachman v. Thomas Winn, Warden |
Sixth Circuit |
2019-02-07 |
Denied |
Response WaivedIFP |
compulsory-process criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel jury-determination jury-instruction jury-instructions michigan-self-defense-act psychological-expert self-defense self-defense-statute |
Was petitioner denied the right to compulsory process when the trial court failed to grant funds for a psychological expert to aide the jury in determ… |
| 18-7828 |
Robert Largo v. New York |
New York |
2019-02-07 |
Denied |
IFP |
criminal-procedure criminal-procedure-law-section-440.10 due-process ineffective-assistance-of-counsel penal-law-section-70.02 persistent-violent-felony sentencing void-for-vagueness |
Did the New York State Supreme Court err in holding that, as-applied, the part of Penal Law Section 70.02, Subdivision one (c) challenged as void-for-… |
| 18-7831 |
Curt Lockett v. Florida |
Florida |
2019-02-07 |
Denied |
Response WaivedIFP |
access-to-courts appeals civil-procedure civil-rights criminal-procedure due-process habeas-corpus mandamus sentencing standing |
Should a circuit court be legally bound to hear a petitioner's motion to correct an illegal sentence after the petitioner has been barred from that co… |
| 18-7832 |
Jason Lee Harris v. Karen A. Mullins, Judge, Superior Court of Arizona, Maricopa County, et al. |
Ninth Circuit |
2019-02-07 |
Denied |
IFP |
access-to-courts appellate-review civil-rights constitutional-interpretation criminal-procedure due-process federal-law first-amendment in-forma-pauperis ninth-circuit sentencing-guidelines service-of-process standing |
Did the U.S. District Court for the District of Arizona and the U.S. Court of Appeals for the Ninth Circuit err in barring the grant of in forma paupe… |
| 18-7834 |
Brent William Bogseth v. Michigan |
Michigan |
2019-02-07 |
Denied |
IFP |
14th-amendment 5th-amendment closing-argument constitutional-rights criminal-procedure deliberation due-process evidence fair-trial fifth-amendment murder premeditation prosecutorial-misconduct self-incrimination |
Whether the lack of evidence to show the defendant actually committed the offense of murder means premeditation and deliberation cannot exist, or if t… |
| 18-7835 |
Iouri Mikhel v. United States |
Ninth Circuit |
2019-02-07 |
Denied |
IFP |
burden-of-proof competency competency-hearing criminal-procedure death-penalty due-process federal-criminal-procedure federal-judiciary hostage-taking judicial-discretion mental-health recusal standard-of-proof treaty-power trial-procedure |
Where significant evidence of competency is susceptible to conflicting inferences, what standard of proof is required for a competency hearing and wha… |
| 18-7844 |
Malcolm Jarrel Hartley v. United States |
Fourth Circuit |
2019-02-07 |
Denied |
Response WaivedIFP |
2nd-amendment civil-procedure civil-rights criminal-procedure due-process free-speech standing statutory-interpretation takings |
Whether the United States Court of Appeals for the Fourth Circuit erred in dismissing petitioner's claims challenging the constitutionality of the fed… |
| 18-7847 |
Ronell Howlett v. Reed Richardson, Warden |
Seventh Circuit |
2019-02-07 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process federal-court-review federal-review habeas-corpus habeas-corpus-28-usc-2254 procedural-bar rape-shield-law right-to-present-defense state-court state-court-review |
Is a federal court permitted/required to review a state court's reliance on a procedural bar, when a petitioner claims the application of the facts do… |
| 18-7776 |
Miguel Angel Olvera-Cruz v. United States |
Fifth Circuit |
2019-02-06 |
Denied |
Response WaivedIFP |
8-usc-1326 apprendi-v-new-jersey criminal-procedure due-process prior-conviction sentencing statutory-maximum |
Whether all facts - including the fact of a prior conviction - that increase a defendant's statutory maximum must be pleaded in the indictment and eit… |
| 18-7781 |
Juan Ramone Lopez v. Jeff Noble, Warden |
Ohio |
2019-02-06 |
Denied |
Response WaivedIFP |
age-misrepresentation age-misrepresentation-at-arrest age-of-majority birth-certificate birth-date-verification civil-rights constitutional-privilege criminal-procedure due-process evidence foreign-national habeas-corpus juvenile-offender standing state-courts |
Whether a person's misrepresentation of his age at the time of arrest or the person's birth date in a court of law should be considered |
| 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 |
| 18-7786 |
Roy Shotwell v. Kevin Genovese, Warden |
Sixth Circuit |
2019-02-06 |
Denied |
Response WaivedIFP |
4th-amendment 5th-amendment civil-rights criminal-procedure critical-stage dna-analysis dna-evidence dna-testing due-process effective-assistance ineffective-assistance-of-counsel procedural-due-process prosecutorial-misconduct sixth-amendment standing warrantless-seizure |
Whether the Tennessee courts abused their discretion in denying Petitioner's DNA and post-conviction relief |
| 18-7795 |
Markus D. Lanieux v. Louisiana |
Louisiana |
2019-02-06 |
Denied |
Response WaivedIFP |
Blakely Blakely-v-Washington Booker Booker-v-United-States criminal-procedure due-process habitual-offender habitual-offender-law jury-trial mandatory-minimum-sentence reasonable-doubt sentencing sentencing-enhancement sixth-amendment |
Whether the sentencing scheme under Louisiana's Habitual Offender Law is subject to the jury requirements of the Sixth Amendment |
| 18-7800 |
Rene Antonio Aguilar v. United States |
Ninth Circuit |
2019-02-06 |
Denied |
Response WaivedIFP |
circuit-split criminal-justice criminal-procedure due-process federal-courts federal-criminal-justice procedural-obligations rita-standard rita-v-united-states sentencing sentencing-arguments |
Can a district court at sentencing fail to respond to a party's non-frivolous sentencing arguments? |
| 18-7801 |
Calvin Fitzgerald Tannehill v. United States |
Eleventh Circuit |
2019-02-06 |
Denied |
Response WaivedIFP |
armed-career-criminal-act certificate-of-appealability criminal-procedure habeas-corpus johnson-precedent johnson-v-united-states residual-clause section-2255 sentencing sentencing-enhancement |
Whether the Eleventh Circuit misapplied this Court's precedents by denying a certificate of appealability on whether Mr. Tannehill's § 2255 claim reli… |
| 18-7753 |
Joel Marvin Munt v. Minnesota |
Minnesota |
2019-02-05 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure double-jeopardy due-process judicial-review rules-of-construction separation-of-powers statutory-interpretation |
Did MN Supreme Court violate Separation of Powers? |
| 18-7764 |
Marcellus French v. Illinois |
Illinois |
2019-02-05 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review civil-rights criminal-procedure due-process evidence judicial-error standard-of-review |
Did the appellate court abuse its discretion in finding that the evidence of prior acts was admissible and justified according to FRE 404(b), when the… |
| 18-7766 |
Rishawn Lamar Reeder v. Cecelia Reynolds, Warden |
Fourth Circuit |
2019-02-05 |
Denied |
Response WaivedRelisted (2)IFP |
alibi-witnesses criminal-procedure due-process evidence evidence-presentation eyewitness-testimony gunshot-residue impeachment ineffective-assistance ineffective-assistance-of-counsel jury-instructions self-defense surveillance-video trial-counsel witness witness-testimony |
Did the court err in finding trial counsel ineffective |
| 18-7772 |
Antonio Franklin v. Ohio |
Ohio |
2019-02-05 |
Denied |
IFP |
capital-punishment civil-rights constitutional-rights criminal-procedure due-process effective-counsel execution-date habeas-corpus right-to-counsel |
Is the right to effective representation critical during which time the State moves for an execution date? |
| 18-7773 |
Jose Jorge Espinoza-Mendoza v. United States |
Fifth Circuit |
2019-02-05 |
Denied |
Response WaivedIFP |
alien-smuggling appellate-review criminal-appeal criminal-law criminal-procedure due-process fifth-circuit-review guidelines-interpretation immigration risk-assessment sentencing-enhancement standard-of-review stare-decisis statutory-interpretation |
whether-the-sentencing-enhancement-under-u.s.s.g.-§-2l1.1(b)(6)-was-properly-applied |
| 18-7777 |
In Re Jaron Brice |
|
2019-02-05 |
Dismissed |
Response WaivedIFP |
appeals civil-rights criminal-procedure due-process federal-courts federal-jurisdiction habeas-corpus standing |
Whether the U.S. Court of Appeals for the Fourth Circuit erred in denying habeas corpus relief to the petitioner |
| 18-7778 |
Mikhail Zemlyansky v. United States |
Second Circuit |
2019-02-05 |
Denied |
Response WaivedIFP |
collateral-estoppel criminal-procedure double-jeopardy evidence-reintroduction health-care-fraud jury-acquittal jury-trial prosecutorial-strategy RICO rico-conspiracy |
Whether the district court violated the collateral estoppel component of the double-jeopardy clause by allowing the government to reintroduce its enti… |
| 18-1021 |
Travis Hawkins v. Mark S. Inch, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2019-02-05 |
Denied |
Response Waived |
appellate-review criminal-procedure due-process federal-court federal-courts habeas-corpus judicial-review preservation-of-error public-trial state-court state-court-decision state-courts |
Whether an objection is required to preserve appellate review for an alleged public trial violation |
| 18-1022 |
Julius Jerome Murphy v. Texas |
Texas |
2019-02-05 |
Denied |
|
brady-v-maryland brady-violation criminal-procedure death-penalty due-process eighth-amendment habeas-corpus witness-testimony |
Whether the State's failure to disclose threats and promises made to witnesses violated due process |
| 18-1016 |
Lloyd Gene Beam v. Michigan |
Michigan |
2019-02-04 |
Denied |
Response Waived |
collateral-review criminal-procedure due-process federal-constitution judicial-impartiality judicial-impartiality-standard-retroactivity montgomery-v-louisiana retroactive-application state-collateral-review teague-retroactivity teague-v-lane watershed-rule watershed-rules |
Was the new standard from People v. Stevens a decision by the Michigan Supreme Court interpreting the federal Constitution? |
| 18-7733 |
Tyrone Justin Cowan v. Debbie Asuncion, Warden |
Ninth Circuit |
2019-02-04 |
Denied |
IFP |
appeals certificate-of-appealability criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel miranda-rights ninth-circuit right-to-counsel |
Did the Court of Appeals err in denying a certificate of appealability and in evaluating petitioner's claims |
| 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… |
| 18-7737 |
Tyshawn Simmons v. United States |
Second Circuit |
2019-02-04 |
Denied |
Response WaivedIFP |
constitutional-law controlled-substances-act criminal-procedure drug-crimes due-process federalism sentencing standing statutory-interpretation tenth-amendment |
Whether the Controlled Substances Act's prohibition on the distribution of marijuana violates the Due Process Clause and the Tenth Amendment |
| 18-7739 |
Gonzalo Holguin-Hernandez v. United States |
Fifth Circuit |
2019-02-04 |
Judgment Issued |
Amici (3)Response RequestedResponse WaivedRelisted (4)IFP |
appellate-review criminal-procedure due-process judicial-review jurisdiction objection procedural-requirement reasonableness reasonableness-standard sentencing |
Whether a formal objection after pronouncement of sentence is necessary to invoke appellate reasonableness review of the length of a defendant's sente… |
| 18-7746 |
Joseph Davis v. United States |
First Circuit |
2019-02-04 |
Denied |
Response WaivedIFP |
thereby rendering the use of evidence uncovered d constitutional-rights criminal-procedure evidence florida-v-wells fourth-amendment inventory-search probable-cause ruse search-and-seizure |
Whether errors in an inventory search report are indicative of a 'ruse' under Florida v. Wells, thereby rendering the use of evidence uncovered during… |
| 18-7754 |
In Re Archie Cabello |
|
2019-02-04 |
Denied |
Response WaivedIFP |
case-law criminal-procedure judicial-discretion legal-procedure pleadings right-to-counsel right-to-self-representation rule-11 self-representation |
Does a trial judge have a duty to protect a defendant's right to counsel of choice? |
| 18-7756 |
Roscoe Chambers v. Nicholas Sarcone |
Eighth Circuit |
2019-02-04 |
Denied |
Response WaivedRelisted (2)IFP |
2nd-amendment 6th-amendment civil-procedure civil-rights criminal-procedure due-process jurisdiction jury-selection public-trial standing |
Whether the Sixth Amendment right to a public trial applies to a criminal defendant's exclusion from the courtroom during jury selection |
| 18-7757 |
William Davenport v. James Falk, Warden, et al. |
Tenth Circuit |
2019-02-04 |
Denied |
IFP |
criminal-procedure dna dna-evidence dna-testing due-process evidence fair-trial ineffective-assistance ineffective-assistance-of-counsel res-gestae witness-identification |
Whether trial court erred in admitting evidence of DNA testing from mixed samples |
| 18-7710 |
Jose Garcia Mejia v. Shawn Hatton, Warden |
Ninth Circuit |
2019-02-01 |
Denied |
IFP |
14th-amendment 5th-amendment administrative-processing aedpa constitutional-rights criminal-procedure due-process habeas-corpus plea-bargaining procedural-error |
Were Petitioner's constitutional Rights violated during trial? |
| 18-7715 |
Jose Flores v. United States |
Fifth Circuit |
2019-02-01 |
Denied |
Response WaivedIFP |
criminal-procedure district-court-discretion drug-quantity due-process federal-rules-of-criminal-procedure minor-role minor-role-reduction plea-bargaining plea-colloquy rule-11 sentencing sentencing-guidelines standard-of-review ussg-3b1.2 |
Was the District Court's failure to determine a factual basis, and to insure that defendant understood the nature of the charges, in violation of Rule… |
| 18-7716 |
Jesse Ingram, Jr. v. United States |
Eleventh Circuit |
2019-02-01 |
Denied |
Response WaivedIFP |
3553(a)-factors 5th-amendment appeal appellate-counsel constitutional-violation criminal-procedure due-process fifth-amendment ineffective-assistance-of-counsel retroactive-review retroactivity sentencing sentencing-guidelines statutory-interpretation |
Is it a Fifth Amendment violation when Petitioners are sentenced to a higher guideline sentence when 18 U.S.C. statute 3553(A) warrants a below guidel… |
| 18-7717 |
Byrion Demeco Ferguson v. United States |
Fifth Circuit |
2019-02-01 |
Denied |
Response WaivedIFP |
1B1.3 amendment appellate-review constitutional criminal-procedure evidence judicial-discretion plain-error sentencing-guidelines u.s-sentencing-commission u.s.-sentencing-commission |
Whether the trial court committed plain error by admitting insufficient evidence applied by the pre-amendment 1B1.3 version of the U.S. Sentencing Gui… |
| 18-7719 |
Cesar Gomez v. Texas |
Texas |
2019-02-01 |
Denied |
IFP |
14th-amendment 5th-amendment 6th-amendment civil-rights constitutional-challenge criminal-procedure due-process evidence-admissibility ineffective-assistance sixth-amendment-rights standing texas-penal-code |
Whether Texas Penal Code § 21.02, is Constitutional under the Fifth, Sixth, and Fourteenth Amendment of the United States Constitution? |
| 18-7721 |
Laron Darrell Carter, aka Birdd, aka Gardena Pimpin Birdd, aka Garr Birdd, aka Pi Birdd, aka Pi Pimpin Birdd v. United States |
Ninth Circuit |
2019-02-01 |
Denied |
Relisted (2)IFP |
criminal-procedure double-jeopardy dual-sovereignty-doctrine federal-prosecution prejudice prejudice-showing rule-48(b) rule-48b separate-sovereign-doctrine separate-sovereign-exception state-prosecution |
What type of prejudice showing is required to obtain dismissal under Fed. R. Crim. P. 48(b) for delayed federal prosecution after state conviction? |
| 18-7727 |
Gregory Hatt v. United States |
Fourth Circuit |
2019-02-01 |
Denied |
Response WaivedIFP |
criminal-procedure due-process guilty-plea heroin-distribution ineffective-assistance ineffective-assistance-of-counsel medical-causation plea-bargaining sentencing sixth-amendment |
Whether failure to convey unbiased, complete, or correct information to a defendant during plea bargaining by defense counsel invalidates a guilty ple… |
| 18-7730 |
Clark Derrick Frazier v. Randy Lee, Warden |
Tennessee |
2019-02-01 |
Denied |
Response WaivedIFP |
35-usc-101 civil-procedure due-process patent standing takings civil-rights criminal-procedure due-process equal-protection standing takings |
Whether the petitioner's constitutional rights were violated by the state's actions |
| 18-7616 |
Rodrigo Tovar Pupo v. United States |
District of Columbia |
2019-02-01 |
Denied |
Response WaivedIFP |
appeal constitutional-issue constitutional-issues criminal-appeal criminal-procedure criminal-procedure-appeal district-court due-process guilty-plea ineffective-assistance-of-counsel offense-enhancement plea-bargaining sentencing-enhancement sentencing-guidelines |
If Appeals Court erred by not considering the grounds raised by Appellant and denying his appeal disregarding the Constitutional issues raised by Appe… |
| 18-1006 |
Michael Kevin Adams v. Texas |
Texas |
2019-02-01 |
Denied |
Response Waived |
4th-amendment 5th-amendment 6th-amendment civil-rights community-caretaking criminal-procedure fourth-amendment impoundment interrogation law-enforcement minor-offense probable-cause search-and-seizure traffic-stop vehicle-impoundment vehicle-search |
Michael-Kevin-Adams |
| 18-7690 |
Thomas Phillip Bell v. Kiah Demarias Leigh, et al. |
Eighth Circuit |
2019-01-31 |
Denied |
Relisted (2)IFP |
civil-procedure civil-rights criminal-procedure due-process equal-protection judicial-review mental-competency record-correction sentencing standing |
Whether the court should consider the petitioner's case as seriously as other cases involving civil rights or due process violations |
| 18-7692 |
Byron Anthony Horn v. United States |
Fifth Circuit |
2019-01-31 |
Denied |
Response WaivedIFP |
criminal-law criminal-procedure criminal-sentencing due-process federal-criminal-procedure federal-jurisdiction indictment plea-bargaining pleading reasonable-doubt reasonable-sentence sentencing statutory-interpretation |
Whether facts that alter the range of 'reasonable' federal sentences must be pleaded in the indictment in federal cases? |
| 18-7694 |
Raymond Crespo v. New York |
New York |
2019-01-31 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
appeal criminal-procedure defendant-rights due-process faretta-v-california judicial-discretion legal-timeliness pro-se-representation right-to-counsel right-to-self-representation self-representation timeliness |
How soon in the criminal proceeding must a defendant decide between proceeding by counsel or pro se? |
| 18-7697 |
Duane Yates v. Iowa |
Iowa |
2019-01-31 |
Dismissed |
Response WaivedIFP |
civil-rights criminal-procedure due-process equal-protection fourteenth-amendment postconviction prison-discipline self-defense sixth-amendment whether-inmates-who-file-a-postconviction-under-io |
Whether inmates who file a postconviction under lowa Code 822 in the lowa District Court's are denied the equal protection of law under the Sixth and … |
| 18-7698 |
Lawrence Andrew Ingram v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2019-01-31 |
Denied |
Response WaivedIFP |
appellate-review constitutional-rights contemporaneous-objection criminal-procedure criminal-procedure-appeal-evidence-waiver-contempo definitive-ruling evidence habeas-corpus ineffective-assistance trial-procedure waiver |
Does trial counsel waive a defendant's right to appellate review of an erroneous ruling on evidence if counsel chooses not to object to the ruling whe… |
| 18-7699 |
Facundo Ruiz-Ruiz v. United States |
Fifth Circuit |
2019-01-31 |
Denied |
Response WaivedIFP |
almendarez-torres constitutional-law criminal-procedure due-process recidivism sentencing sixth-amendment supreme-court |
Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? |
| 18-7619 |
Michael Scott Morris v. United States |
Tenth Circuit |
2019-01-30 |
Denied |
Response WaivedIFP |
4th-amendment 5th-amendment coercion consent criminal-procedure due-process fourth-amendment police-coercion probable-cause search-and-seizure voluntary-consent warrant-requirement |
Is consent to search a home freely and voluntarily given when police threaten arrest and jail if they are required to obtain a search warrant? |
| 18-7641 |
Arturo Huerta v. Ron Davis, Warden |
Ninth Circuit |
2019-01-30 |
Denied |
IFP |
civil-rights constitutional-law criminal-procedure due-process evidence jury-instructions sentencing |
Whether the natural and probable consequences of a criminal act can support a conviction for second-degree murder under the 'natural and probable cons… |
| 18-7655 |
Michael R. Spengler v. Superior Court of California, Los Angeles County, et al. |
Ninth Circuit |
2019-01-30 |
Denied |
IFP |
6th-amendment appellate-standard civil-rights coercion constitutional-review criminal-procedure due-process miranda-warnings police-lineup undercover-operations witness-identification |
Whether the widespread policy of the L.A. Superior Court and the L.A. Sheriff's Department, known as the Perkins Operation, which allows undercover ag… |
| 18-7662 |
Nolan Lewis v. United States |
Ninth Circuit |
2019-01-30 |
Denied |
Response WaivedIFP |
abuse-of-discretion competency competency-evaluation criminal-procedure due-process guilty-plea judicial-discretion mental-competency ninth-circuit restitution restitution-hearing |
Whether the Ninth Circuit Court of Appeals applied the proper legal standard for determining whether the district court abused its discretion in faili… |
| 18-7668 |
Patricio Paladin v. United States |
First Circuit |
2019-01-30 |
Denied |
Response WaivedIFP |
almendarez-torres-v-united-states apprendi-doctrine apprendi-v-new-jersey constitutional-element criminal-procedure due-process jury-trial jury-trial-guarantee prior-conviction sentencing sentencing-enhancement sentencing-enhancements |
Whether the contested fact of prior conviction entering into the sentence to increase a defendant's penalty for the instant offense, must be treated a… |
| 18-7669 |
Bertulio Moreno-Alvarez v. United States |
Fifth Circuit |
2019-01-30 |
Denied |
Response WaivedIFP |
2nd-amendment 5th-amendment criminal-law criminal-procedure due-process equal-protection fifth-amendment firearms second-amendment standing statutory-interpretation |
Whether a conviction under 18 U.S.C. § 922(g)(5) violates the Second and Fifth Amendments? |
| 18-7678 |
Alfonso Hernandez v. United States |
Ninth Circuit |
2019-01-30 |
Denied |
Response WaivedIFP |
client-attorney-relationship client-autonomy constitutional-rights criminal-procedure due-process ineffective-assistance motion-to-dismiss sixth-amendment sixth-amendment-right-to-counsel sixth-circuit speedy-trial-act trial-counsel |
Can a defense lawyer, consistent with the Sixth Amendment, contravene his client's wishes to object to a violation of the Speedy Trial Act? |
| 18-7679 |
Jeriton Lavar Curry v. United States |
Fourth Circuit |
2019-01-30 |
Denied |
Response WaivedIFP |
18-usc-924(c) appeal-waiver appellate-review constitutional-error criminal-procedure jurisdiction plain-error sentencing sentencing-jurisdiction unconstitutional-sentence |
Did the Appeals Court err by granting the Government's motion to enforce an invalid appeal waiver, after determining that Currys' issue was non-frivol… |
| 18-7682 |
Stacie Demers v. United States |
Second Circuit |
2019-01-30 |
Denied |
Response WaivedIFP |
appeal appellate-review circuit-court counsel criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel legal-claim sixth-amendment |
Whether the Circuit Court of Appeals should have decided Ms. Demers's claim of ineffective assistance of counsel |
| 18-7683 |
Deandre Anderson v. Daniel Lesatz, Warden |
Sixth Circuit |
2019-01-30 |
Denied |
IFP |
civil-procedure civil-rights constitutional-violations criminal-procedure due-process fourth-amendment miranda-rights new-evidence post-conviction-relief postconviction-relief probable-cause standing statute-of-limitations trial-errors wrongful-conviction |
Does the cases stated apply to this case? |
| 18-7617 |
Talbert Hinton v. New Jersey |
New Jersey |
2019-01-30 |
Denied |
Response WaivedIFP |
civil-procedure civil-rights criminal-procedure due-process free-speech sentencing standing takings |
Whether the court erred in dismissing the petitioner's claims |
| 18-7625 |
Thomas Florence v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-01-29 |
Denied |
IFP |
civil-rights criminal-procedure due-process evidence jurisdiction sentencing standing |
Can the sites of the United States government maintain a valid conviction based on a DNA report that does not prove beyond a reasonable doubt to suppo… |
| 18-7627 |
Tavis Labron Houpe v. United States |
Fourth Circuit |
2019-01-29 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure due-process fourteenth-amendment fourth-amendment newly-discovered-evidence search-and-seizure standing Was the petitioner's Fourteenth(14th) Amendment ri |
Was the petitioner's Fourth(4th) Amendment rights violated due to a search and seizure? |
| 18-7632 |
Abraham Grant v. Wendy Kelly, Director, Arkansas Department of Correction |
Arkansas |
2019-01-29 |
Denied |
Response WaivedIFP |
criminal-procedure double-jeopardy due-process felony-conviction habeas-corpus prosecutorial-discretion speedy-trial standing state-court-decision |
Whether the state court's denial of a motion to dismiss a felony charge that was never prosecuted violates the petitioner's due process rights |
| 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 |
| 18-7637 |
Fidencio Valdez v. Texas |
Texas |
2019-01-29 |
Denied |
IFP |
capital-case capital-case-review-habeas-corpus-due-process-equa criminal-procedure due-process equal-protection habeas-corpus mccoy-claim mccoy-v-louisiana standing texas-code-of-criminal-procedure texas-law |
Whether the Court of Criminal Appeals of Texas misapplied this Court's decision in McCoy v. Louisiana |
| 18-7644 |
Carlos Benitez v. James Key, Superintendent, Airway Heights Corrections Center |
Ninth Circuit |
2019-01-29 |
Denied |
Response WaivedIFP |
appellate-review conflict-of-interest constitutional-provisions criminal-procedure due-process effective-counsel evidentiary-hearing habeas habeas-corpus legal-claim right-to-counsel sixth-amendment standard-of-appealability standard-of-review |
Did trial counsel have a conflict of interest by simultaneously representing Mr. Benitez and a defense witness? |
| 18-7646 |
Jesse Sawyer v. United States |
Second Circuit |
2019-01-29 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure criminal-sentencing district-court due-process federal-procedure judicial-mandate judicial-power mandate sentencing standard-of-review substantive-reasonableness |
Whether the powers of federal appellate courts are diminished and whether a defendant is deprived of his fundamental right to appellate review |
| 18-7651 |
Eric Steve Anderson v. California |
California |
2019-01-29 |
Denied |
IFP |
antagonistic-defenses conspiracy constitutional-rights criminal-procedure fair-trial jury jury-trial severance severance-motion |
Did this trial court's denial of petitioner's severance motion as to co-defendant and its subsequent acquittal of co-defendant on the conspiracy charg… |
| 18-7652 |
Brian Anderson v. Colorado |
Colorado |
2019-01-29 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
civil-rights colorado-law criminal-law criminal-procedure due-process jurisdiction nelson-v-colorado presumption-of-innocence standing statutory-interpretation supreme-court-precedent |
Does Colorado Revised Statutes 18-3-302 Supersede Nelson V. Colorado 137 S.CT. 1249 (2017) |
| 18-989 |
United States v. Marvin Lewis |
Fifth Circuit |
2019-01-29 |
Denied |
Response RequestedRelisted (3) |
18-usc-924 constitutional-challenge criminal-law criminal-procedure criminal-statute due-process federal-criminal-prosecution federal-jurisdiction federal-prosecution firearm-offense firearms statutory-interpretation vagueness vagueness-doctrine |
Whether the subsection-specific definition of 'crime of violence' in 18 U.S.C. 924(c)(3)(B) is unconstitutionally vague |
| 18-7593 |
Richard Michael Sanchez v. United States |
Ninth Circuit |
2019-01-28 |
Denied |
Response WaivedIFP |
appellate-waiver consecutive-sentence criminal-procedure criminal-sentencing due-process legal-interpretation plea-agreement sentencing |
Does a plea agreement's limited appellate waiver preclude a defendant's challenge of a decision to impose a consecutive sentence where the appellate w… |
| 18-7598 |
Carol J. Morris v. United States |
Fifth Circuit |
2019-01-28 |
Denied |
Response WaivedIFP |
administrative-procedure civil-procedure civil-rights constitutional-interpretation criminal-procedure due-process federal-courts habeas-corpus ineffective-assistance-of-counsel judicial-compensation patent standing statutory-construction takings |
Whether the petitioner's convictions should be vacated due to ineffective assistance of counsel and violations of due process |
| 18-7599 |
Jesus E. Moreno Ornelas v. United States |
Ninth Circuit |
2019-01-28 |
Denied |
IFP |
compulsory-process constitutional-right criminal-procedure defense-witness discovery discovery-order due-process exclusion non-disclosure sixth-amendment tactical-advantage willful-nondisclosure |
Whether the Compulsory Process Clause of the Sixth Amendment precludes exclusion of an undisclosed defense witness to enforce a discovery order if the… |
| 18-7607 |
Bruce White v. United States |
Seventh Circuit |
2019-01-28 |
Denied |
Response WaivedIFP |
counsel-actions criminal-procedure criminal-procedure-plea-bargaining defendant-rights due-process federal-rules-of-criminal-procedure ineffective-assistance-of-counsel motion-withdrawal plea-agreement plea-bargaining right-to-counsel sentencing voluntary-plea withdrawal-of-plea |
Whether a plea was entered voluntarily, intelligently, and knowingly |
| 18-7609 |
Merlin Alston v. United States |
Second Circuit |
2019-01-28 |
Denied |
Response WaivedIFP |
18-usc-924c 18-usc-926b criminal-law-enforcement-officer-exemption criminal-procedure drug-trafficking due-process firearm-possession firearms law-enforcement sentencing sentencing-guidelines statutory-interpretation |
Is the conviction of a local police officer, required to carry a service pistol when off duty, excluded from prosecution for violating 18 U.S.C. 924(c… |
| 18-7611 |
Terrance E. Everett v. Delaware |
Delaware |
2019-01-28 |
Denied |
Response WaivedIFP |
4th-amendment civil-rights constitutional-issues court-of-appeals criminal-procedure due-process evidence legal-interpretation officer-discretion police-misconduct public-policy standing suspect-authority |
Whether the lower Court and the Delaware Supreme Court erred, and abused their discretion, with regards to the lower Court's denial of a mistrial and … |
| 18-7612 |
Nathaniel Bowens v. United States |
Fifth Circuit |
2019-01-28 |
Denied |
Response WaivedIFP |
18-usc-924(c)(1)(A) advance-knowledge aiding-and-abetting court-of-appeals crime-of-violence criminal-procedure drug-trafficking-crime firearm firearm-use mens-rea statutory-interpretation |
Whether the Court of Appeals' decision below contravenes this Court's holding in Rosemond v. United States |
| 18-7615 |
Michael Alexander Bacon v. United States |
Tenth Circuit |
2019-01-28 |
Denied |
Response WaivedIFP |
circuit-court-split criminal-justice-process criminal-procedure evidentiary-inquiry fact-finding factual-dispute federal-rule-41 federal-rule-of-criminal-procedure-41(g) government-possession post-conviction-motion property-return property-seizure rule-41g seized-property |
What evidentiary inquiry is required when the government responds to a post-conviction motion under Rule 41(g) by asserting that it lacks physical pos… |
| 18-7571 |
Gabriel Cervantes Valencia v. Dave Davey, Warden |
Ninth Circuit |
2019-01-25 |
Denied |
Relisted (2)IFP |
14th-amendment 5th-amendment 6th-amendment brady-violation constitutional-rights criminal-procedure due-process evidence jurisdiction |
Whether the Civcurh, Districk and Strode Courts denials and akesmissals of Petihwners BRADY VIOLATION Claim violate pebbroners bye Process Rights Guav… |
| 18-7575 |
Alexis Valdes Gonzalez v. United States |
Eleventh Circuit |
2019-01-25 |
Denied |
Response RequestedResponse WaivedRelisted (9)IFP |
criminal-case criminal-procedure due-process eleventh-circuit judicial-process mandatory-form panel-decision preclusive-effect prior-panel-precedent strict-deadline writ-of-certiorari |
Whether the Due Process Clause permits the Eleventh Circuit to afford preclusive effect in a criminal case to a prior panel decision |
| 18-7582 |
Ralph Nicholas Canete v. Chuck Keeton, Warden |
Ninth Circuit |
2019-01-25 |
Denied |
IFP |
compulsory-process constitutional-rights criminal-procedure due-process evidence fair-trial fifth-amendment fourteenth-amendment material-evidence sixth-amendment |
Whether the destruction of material evidence by the government violates the right to due process |
| 18-7585 |
Lemuel Gay v. United States |
Eleventh Circuit |
2019-01-25 |
Denied |
Response WaivedIFP |
appellate-court appellate-review criminal-procedure district-court guideline-enhancement guidelines judicial-discretion procedural-error sentencing-court sentencing-guidelines standard-of-review |
Can the sentencing court's statement—that it would impose the same sentence irrespective of any error in its application of a guideline enhancement—ab… |
| 18-7586 |
Zachary T. Frey v. United States |
Eleventh Circuit |
2019-01-25 |
Denied |
Response WaivedIFP |
armed-career-criminal-act burden-of-proof collateral-review criminal-procedure judicial-interpretation post-sentencing-case-law post-sentencing-law residual-clause retroactivity sentencing-enhancement |
Whether a defendant can prove his ACCA-enhanced sentence was based on the unconstitutional residual clause by relying on post-sentencing case law |
| 18-7502 |
Edjuan Payne v. Illinois |
Illinois |
2019-01-24 |
Denied |
IFP |
appeals appellate-review civil-rights competency criminal-procedure due-process mental-fitness mental-health right-to-a-fair-trial right-to-counsel sentencing trial-errors |
Whether the defendant's due process rights were violated by the trial court's failure to conduct a competency hearing despite evidence of the defendan… |
| 18-7511 |
Edwin J. Ortiz-Fagot v. United States |
First Circuit |
2019-01-24 |
Denied |
Response WaivedIFP |
18-usc-3582 criminal-procedure criminal-procedure-3582-c-2 criminal-statute due-process non-delegation retroactive-application sentencing sentencing-guidelines sentencing-modification statutory-interpretation |
Whether the district court's modification of a sentence via 18 U.S.C. § 3553(a) to include deciding whether to retroactively apply the plain language … |
| 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 |
| 18-7555 |
Doiakah Gray v. Stephanie Dorethy, Warden |
Seventh Circuit |
2019-01-24 |
Denied |
Response WaivedIFP |
28-usc-2244 civil-rights constitutional-interpretation criminal-procedure due-process federal-prisoners habeas-corpus judicial-review legal-precedent state-prisoners statute-of-limitations statutory-construction |
What is the limitations period for newly recognized rights for state prisoners? |
| 18-7556 |
Michael James Horton v. Clark E. Ducart, Warden |
Ninth Circuit |
2019-01-24 |
Denied |
Response WaivedIFP |
6th-amendment civil-rights constitutional-law constitutional-rights criminal-procedure critical-trial-stages due-process pro-se-representation right-to-be-present right-to-counsel self-representation standing statutory-interpretation trial-procedure |
Whether the unequivocal right to represent oneself or have counsel should be left ambiguous |
| 18-7558 |
Brandon Lamar Hawkins v. Florida |
Florida |
2019-01-24 |
Denied |
Response WaivedRelisted (2)IFP |
competency-hearing criminal-procedure criminal-procedure-competency criminal-sentencing due-process ineffective-assistance judicial-procedure mental-competency mental-health resentencing sentencing trial-court trial-court-discretion |
Whether petitioner is entitled to discharge, new trial, and/or resentencing based on the trial court failing to conduct a competency hearing |
| 18-7561 |
Juan Guzman v. United States |
Fourth Circuit |
2019-01-24 |
Denied |
Response WaivedIFP |
14th-amendment 4th-amendment 5th-amendment 6th-amendment civil-rights criminal-procedure due-process standing |
Whether the Constitution of the United States protects against arbitrary actions of government |
| 18-7563 |
Lynce P. Foster v. United States |
Sixth Circuit |
2019-01-24 |
Denied |
Response WaivedIFP |
6th-amendment civil-rights constitutional-law constitutional-violation criminal-procedure due-process habeas-corpus ineffective-assistance legal-representation right-to-counsel sixth-amendment united-states-constitution |
Whether counsel were ineffective for not representing petitioner according to a counsel guaranteed to the petitioner by the Sixth Amendment of the Uni… |
| 18-7564 |
Jovan Howard v. Julie L. Jones, Secretary, Florida Department of Corrections |
Florida |
2019-01-24 |
Denied |
Relisted (2)IFP |
amended-information burglary-dwelling constitutional-rights criminal-procedure due-process habeas-corpus legal-remedy prosecutorial-misconduct unlawful-alteration unlawful-detention void-indictment |
Whether Habeas Corpus was the proper remedy for the petitioner unlawfully detained against his will |
| 18-7565 |
Michael Fuller v. Lashann Eppinger, Warden |
Ohio |
2019-01-24 |
Denied |
Response WaivedIFP |
aggregate-sentence civil-rights criminal-procedure due-process habeas-corpus maximum-term sentencing statutory-interpretation unlawful-detention |
Whether Petitioner's maximum aggregate sentence has expired and he is being held unlawfully |
| 18-7566 |
Pedro Goris, aka Pedro Goriz, aka Pedro Abreu v. United States |
Second Circuit |
2019-01-24 |
Denied |
Response WaivedIFP |
abuse-of-discretion appeals appellate-review constitutional-review criminal-procedure criminal-sentencing due-process federal-sentencing-guidelines judicial-discretion reasonableness sentencing-guidelines sentencing-reasonableness substantive-reasonableness |
Whether Petitioner's sentence was both procedurally and substantively unreasonable |
| 18-7567 |
Ron Collins v. United States |
Seventh Circuit |
2019-01-24 |
Denied |
Response WaivedIFP |
certificate-of-appealability criminal-procedure due-process eighth-amendment fair-sentencing-act ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct sentencing sentencing-guidelines |
Whether the court of appeals erred in denying petitioner's application for a certificate of appealability |
| 18-7525 |
Delexsia Harris v. United States |
Eleventh Circuit |
2019-01-23 |
Denied |
Response WaivedIFP |
criminal-procedure evidence evidence-suppression federal-rules-of-evidence judicial-discretion old-chief-v-united-states prejudicial-evidence prejudicial-information prior-bad-acts rule-403 |
Should the analysis utilized in Old Chief v. United States control in determining whether prejudicial information should have been excluded in the def… |
| 18-7527 |
David Phillip Wilson v. Alabama |
Alabama |
2019-01-23 |
Denied |
IFP |
brady-evidence brady-v-maryland brady-violation co-defendant-statement criminal-procedure discovery due-process evidence-suppression ineffective-assistance ineffective-assistance-of-counsel kaupp-v-texas probable-cause prosecutorial-misconduct wong-sun-v-united-states |
Whether the prosecution's failure to provide Brady evidence is excused by trial counsel's lack of diligence in pursuing that evidence, and whether Mr.… |
| 18-7532 |
Dale B. Green v. Florida |
Florida |
2019-01-23 |
Denied |
IFP |
civil-rights criminal-procedure critical-stage due-process partial-denial presumption-of-unfair-trial pretrial-proceedings right-to-counsel |
Whether the presumption of an unfair trial applies to the petitioner on the ground that the petitioner suffered a partial denial of his right to couns… |
| 18-7482 |
Edgar Baltazar Garcia v. United States |
Fifth Circuit |
2019-01-22 |
Denied |
Relisted (2)IFP |
18-usc-3599 capital-case criminal-procedure due-process expert-expenses expert-fees global-cap investigative-fees legal-compensation reasonably-necessary statutory-interpretation |
Whether, pursuant to 18 U.S.C. § 3599(f) and (g)(2), a global cap may be imposed on investigative and expert fees and expenses in a capital case in an… |
| 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 |
| 18-7513 |
Nelson Cobas v. Kevin Lindsey, Warden |
Sixth Circuit |
2019-01-22 |
Denied |
Response WaivedRelisted (2)IFP |
civil-rights criminal-procedure due-process federal-courts free-speech sentencing standing state-courts statutory-interpretation |
Whether the petitioner's conviction under 18 U.S.C. sections 2545 and 2544 violates his constitutional rights |
| 18-7488 |
Billy R. Lewis v. Louisiana |
Louisiana |
2019-01-18 |
GVR |
Response RequestedResponse WaivedRelisted (3)IFP |
criminal-conviction criminal-procedure due-process fourteenth-amendment jury-trial nonunanimous-jury nonunanimous-verdict ramos-v-louisiana sixth-amendment |
Does the right to a jury trial guaranteed by the Sixth Amendment, as applied to the States through the Fourteenth Amendment, allow a criminal convicti… |
| 18-7491 |
Scott Anthony Crow v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-01-18 |
Denied |
IFP |
civil-rights criminal-procedure due-process equal-protection habitual-offender ineffective-assistance-of-counsel plea-bargaining sentencing |
Did the federal judges in the 8th Cir. Fail to review newly discovered claims |
| 18-7504 |
Raphael R. Hamilton v. Joe M. Allbaugh, Director, Oklahoma Department of Corrections |
Tenth Circuit |
2019-01-18 |
Denied |
IFP |
circuit-court-discretion coercion competency criminal-procedure defendant-rights due-process guilty-plea guilty-plea-withdrawal jurisdiction jurisdictional-issue right-to-withdraw standard-of-review statutory-interpretation |
Whether the Tenth Circuit Court of Appeals erred by not reversing the trial court's order denying petitioner his right to withdrawal of the guilty ple… |
| 18-7506 |
Jonathan Glen Turner v. United States |
Ninth Circuit |
2019-01-18 |
Denied |
Response WaivedIFP |
circuit-split criminal-procedure dilatory-conduct due-process manipulative-conduct obstreperous-conduct right-to-counsel sixth-amendment waiver |
Whether a defendant may waive his Sixth Amendment right to counsel by dilatory, obstreperous, or manipulative conduct, as opposed to express statement |
| 18-7455 |
Josue Israel Sanchez v. California |
California |
2019-01-17 |
Denied |
IFP |
burden-of-proof civil-rights criminal-procedure due-process fair-trial government-misconduct presumption-of-innocence prosecutorial-misconduct wrongful-conviction |
Whether the wrongful prosecution, conviction, and appeal of an innocent person is legally permissible despite the government's and society's unwilling… |
| 18-7468 |
Robert Charles Jones v. Jack Palmer, Warden, et al. |
Ninth Circuit |
2019-01-17 |
Denied |
Response WaivedIFP |
attorney-advice criminal-procedure due-process habeas-corpus hill-v-lockhart ineffective-assistance ineffective-assistance-of-counsel life-without-parole parole plea-bargaining post-conviction-relief sentencing sixth-amendment |
Whether Jones received ineffective assistance of counsel |
| 18-7471 |
Mark Henry, aka Weida Zheng, aka Scott Russel, aka Bob Wilson, aka Joanna Zhong v. United States |
Second Circuit |
2019-01-17 |
Denied |
IFP |
arms-export-control-act court-interpreters-act criminal-procedure mens-rea nondelegation-doctrine separation-of-powers statutory-interpretation |
Whether a 'willful' violation of the Arms Export Control Act requires proof of defendant's awareness of export licensing requirements |
| 18-7473 |
William Dale Albright v. Kansas |
Kansas |
2019-01-17 |
Denied |
Response WaivedIFP |
alleyne alleyne-decision alleyne-v-united-states apprendi apprendi-rule criminal-law criminal-procedure due-process judicial-interpretation sentencing sentencing-enhancement sixth-amendment supreme-court-precedent |
Does this Court's decision in Alleyne v. United States, 570 US 99 (2013) announce a new rule or was it dictated by Apprendi v. New Jersey, 530 US 466 … |
| 18-7477 |
Ja'Juan Williams v. Dean Minor, Warden |
Eighth Circuit |
2019-01-17 |
Denied |
IFP |
actual-innocence conflict-of-interest constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel post-conviction-relief |
Was trial counsel ineffective for not raising issue of actual innocence? |
| 18-7478 |
Lloyd Michael Blair v. Michigan |
Michigan |
2019-01-17 |
Denied |
IFP |
constitutional-error criminal-procedure due-process habeas-corpus jurisdiction jurisdictional-defect jury-trial post-conviction-relief relief resentencing sentencing sentencing-procedure sixth-amendment |
Are the sentencing proceedings that were found to be unconstitutional made to be invalid? |
| 18-7479 |
Farrell Haycraft v. Indiana |
Indiana |
2019-01-17 |
Denied |
Response WaivedIFP |
criminal-procedure double-jeopardy due-process judicial-discretion jury-deliberation jury-instructions mistrial trial-court-error verdict verdict-modification |
Did the Trial Court Err when it order the jurors to redeliberate after it reach a verdict of guilty and not guilty on all counts? |
| 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? |
| 18-7427 |
Abdirahman Yasin Daud v. United States |
Eighth Circuit |
2019-01-16 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure due-process harmless-error harmless-error-analysis jury-instruction jury-instructions jury-trial sixth-amendment specific-intent |
Whether the Court of Appeals' application of 'harmless error' analysis to an erroneous jury instruction violated the defendant's Sixth Amendment right… |
| 18-7444 |
Chad Talada v. David V. Cole, Sheriff, Steuben County Jail |
Second Circuit |
2019-01-16 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
28-usc-2241 28-usc-2255 actual-innocence administrative-procedure binding-precedent collateral-review criminal-procedure district-court habeas-corpus inadequate-or-ineffective retroactivity saving-clause |
Whether § 2255(e)'s saving clause permits a criminal defendant to pursue a claim of actual innocence in the district where he is detained when binding… |
| 18-7445 |
Lennis A. George v. Jason Kent, Warden |
Fifth Circuit |
2019-01-16 |
Denied |
Response WaivedIFP |
attempted-manslaughter constitutional-provisions criminal-law criminal-procedure due-process evidence fifth-circuit habeas-corpus ineffective-assistance ineffective-assistance-of-counsel insufficient-evidence procedural-history standard-of-review |
Whether there was sufficient evidence to convict Lennis George of attempted manslaughter? |
| 18-7446 |
Anthony Jujuan Hopkins v. Warden, Ventress Correctional Facility |
Eleventh Circuit |
2019-01-16 |
Denied |
Response WaivedIFP |
14th-amendment 6th-amendment appellate-review civil-rights constitutional-challenge court-interpretation criminal-procedure due-process jurisdiction legal-proceeding ninth-circuit petition-for-review sentencing standing |
Whether the U.S. Appeals Court for the Eleventh Circuit erred in denying petitioners' COA, when petitioners raise jurisdictional issues that can be ra… |
| 18-7447 |
Christopher E. Lemon v. United States |
Fifth Circuit |
2019-01-16 |
Denied |
Response WaivedIFP |
constitutional constitutional-provision constitutional-rights criminal-procedure due-process fifth-circuit plea-agreement waiver-of-appeal |
Whether the Fifth Circuit erred by enforcing the unconstitutional Waiver of Appeal provision in Petitioner Lemon's Plea Agreement |
| 18-7451 |
Shane Cox v. United States |
Tenth Circuit |
2019-01-16 |
Denied |
Relisted (2)IFP |
affirmative-defense criminal-procedure due-process due-process-right-to-present-defense federal-preemption federal-prosecution firearms-regulation kansas-law second-amendment short-barreled-rifles silencers state-rights |
Did the district court deny Mr. Cox his due process right to present a defense when it precluded Mr. Cox from arguing to the jury that his reliance on… |
| 18-7452 |
Herminio Garcia-Carillo v. United States |
Ninth Circuit |
2019-01-16 |
Denied |
Response WaivedIFP |
criminal-procedure due-process due-process,equal-protection,immigration,prejudice equal-protection fair-trial free-speech immigration immigration-bias impartiality jury-selection prejudice voir-dire |
Whether a judge must allow voir dire into prejudice against Mexican immigrants when a Mexican immigrant faces trial for illegal reentry after a presid… |
| 18-7460 |
Clint Horvatt v. Julie L. Jones, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2019-01-16 |
Denied |
IFP |
adversarial-testing appeal change-of-venue civil-procedure competency-hearing criminal-acts criminal-procedure disciplinary-history due-process independent-act-doctrine ineffective-assistance involuntary-intoxication record standing trial-counsel trial-court |
Did the trial court fail to attach portions of the record? |
| 18-7464 |
Carlton E. Gary v. Florida |
Florida |
2019-01-16 |
Denied |
IFP |
competency-hearing criminal-procedure due-process evidentiary-standard expert-testimony expert-witness fundamental-error judicial-error prejudice violation witness-credibility witness-influence |
Whether the expert witness's report was improperly influenced by the witness's actions, resulting in a violation of due process |
| 18-7466 |
Glenn Bennett, Jr. v. Julie L. Jones, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2019-01-16 |
Denied |
Response WaivedIFP |
burden-of-proof constitutional-rights criminal-defense criminal-procedure due-process fifth-amendment fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel jury-instruction jury-instructions sixth-amendment |
Whether the erroneous jury instruction given in Mr. Bennett's case negated his only defense and relieved the State of the burden of proving all elemen… |
| 18-922 |
Abraham M. Fisch v. Texas |
Texas |
2019-01-16 |
Denied |
|
attorney-fees client-rights criminal-defense-attorney criminal-procedure due-process excessive-fines forfeiture sixth-amendment standard-of-review |
What is the appropriate standard of review for the forfeiture of attorney's fees? |
| 18-7412 |
Keith Kennedy v. Louisiana Department of Public Safety and Corrections |
Louisiana |
2019-01-15 |
Denied |
Response WaivedIFP |
criminal-procedure due-process ineffective-assistance plea-bargaining sentencing sixth-amendment criminal-procedure due-process ineffective-assistance-of-counsel plea-bargaining sentencing standing |
Why did the judge deny the defendant's motion to withdraw his guilty plea? |
| 18-7418 |
Derrick T. Seals v. United States |
Eighth Circuit |
2019-01-15 |
Denied |
Response WaivedIFP |
851-enhancement ambiguous-plea contract criminal-procedure due-process enhancement government-breach ineffective-assistance ineffective-assistance-of-counsel plea-agreement sentencing sentencing-enhancement sentencing-guidelines supervised-release |
Did government breach plea agreement/contract when defendant never agreed to enhancement? |
| 18-7419 |
Fausto Becerra v. United States |
Fifth Circuit |
2019-01-15 |
Denied |
Response WaivedIFP |
accountability constitutional-rights criminal-procedure drug-offenses drug-quantity due-process maximum-punishment plea-agreement plea-bargain prosecutorial-discretion sentencing sentencing-enhancement sentencing-guidelines |
Whether the district court erred in sentencing the petitioner beyond the maximum punishment for the conduct he was 'accountable' for under the plea ba… |
| 18-7421 |
Torrence Allen v. United States |
Eleventh Circuit |
2019-01-15 |
Denied |
Response WaivedIFP |
28-usc-2255 career-offender career-offender-provision certificate-of-appealability constitutional-vagueness criminal-procedure habeas-corpus johnson-retroactivity johnson-v-united-states mandatory-guidelines mandatory-sentencing-guidelines retroactivity retroactivity-of-supreme-court-decisions sentencing sentencing-guidelines vagueness |
Whether Johnson v. United States applies retroactively to a 28 U.S.C. § 2255 motion |
| 18-7422 |
David Lee Williams v. Darrel Vannoy, Warden |
Louisiana |
2019-01-15 |
Denied |
IFP |
civil-procedure constitutional-law criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel jurisdiction louisiana-supreme-court right-to-counsel standing statutory-interpretation |
Whether the defendant's due process rights were violated when the Louisiana Supreme Court upheld his conviction and sentence without a hearing or oral… |
| 18-7423 |
Rodney Washington v. Gary A. Boughton, Warden |
Seventh Circuit |
2019-01-15 |
Denied |
Response WaivedIFP |
civil-rights court-discretion criminal-procedure dna-evidence dna-profile double-standard due-process ex-post-facto legal-precedent perjury retroactive-application statute-of-limitations |
What constitutes a specific DNA profile for the purposes of tolling the statute of limitations? |
| 18-7430 |
Mohamed Abdihamid Farah v. United States |
Eighth Circuit |
2019-01-15 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure due-process harmless-error jury-instructions specific-intent trial-by-jury witness-credibility |
Whether the failure to include in jury instructions the required element of specific intent is subject to harmless error analysis where the element is… |
| 18-7385 |
Cheng Le v. United States |
Second Circuit |
2019-01-14 |
Denied |
Response WaivedIFP |
biological-weapons biological-weapons-act commerce-clause constitutional-law-commerce-clause-treaty-power-bi criminal-law-biological-weapons-anti-terrorism-act criminal-procedure criminal-procedure-standard-of-review-plain-error- federalism plain-error standard-of-review treaty-power Whether federalism principles preclude holding Le Whether the Biological Weapons Act 18 U.S.C. §175 |
Whether a less demanding standard of review than plain error should be applied |
| 18-7390 |
Martin R. Stancik v. United States |
Sixth Circuit |
2019-01-14 |
Denied |
Response WaivedIFP |
appeal appeal-waiver circuit-split constitutional-error constitutional-law criminal-procedure due-process sentencing sixth-circuit waiver |
Whether a criminal defendant's waiver of his right to appeal a sentence includes a waiver of the right to appeal a later, unforeseen constitutional du… |
| 18-7393 |
Rodrigo Roman v. United States |
Fifth Circuit |
2019-01-14 |
Denied |
Response WaivedIFP |
appellate-review burden-of-proof criminal-procedure drug-offense due-process firearm-enhancement firearm-possession guidelines-interpretation sentencing-enhancement sentencing-guidelines sentencing-guidelines-enhancement stare-decisis |
Whether the Fifth Circuit erred in affirming the district court's application of the firearm enhancement under U.S.S.G. § 2D1.1(b)(1) without requirin… |
| 18-7395 |
Wilfred H. v. West Virginia |
West Virginia |
2019-01-14 |
Denied |
Response WaivedIFP |
brady-materiality brady-v-maryland criminal-procedure discovery due-process evidence-suppression exculpatory-evidence materiality-standard prosecutorial-misconduct suppressed-evidence |
Under Brady v. Maryland, 373 U.S. 83 (1963), does the materiality standard require that the suppressed evidence directly go to proving any count again… |
| 18-7400 |
Damion Sleugh v. United States |
Ninth Circuit |
2019-01-14 |
Denied |
Response WaivedIFP |
appellate-review co-defendant-testimony criminal-procedure discovery due-process evidence fifth-amendment first-amendment impeachment impeachment-evidence witness-credibility |
Whether the need for sealing a co-defendant's subpoena applications ends once the co-defendant changes his plea and testifies for the Government at tr… |
| 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… |
| 18-7405 |
Gary Lee Beason v. Indiana |
Indiana |
2019-01-14 |
Denied |
Response WaivedIFP |
appellate-counsel-ineffectiveness appellate-review child-molestation collateral-attack criminal-procedure due-process fundamental-rights habeas-corpus ineffective-assistance judicial-bias state-action trial-counsel trial-counsel-ineffectiveness |
Was Beason denied basic Due Process when a biased judge presided over his trial, and can the states preclude the issue from review on collateral attac… |
| 18-7406 |
Benjamin James Boatman v. Ralph Diaz, Acting Secretary, California Department of Corrections and Rehabilitation |
Ninth Circuit |
2019-01-14 |
Denied |
IFP |
criminal-procedure cumulative-error drug-induced-psychosis due-process heat-of-passion ineffective-assistance jury-instructions prosecutorial-misconduct right-to-counsel |
Ineffective assistance of counsel |
| 18-7329 |
Phillip Dale Selfa v. United States |
Ninth Circuit |
2019-01-11 |
Denied |
Response WaivedIFP |
civil-rights constitutional-law constitutional-rights criminal-procedure criminal-prosecution double-jeopardy dual-sovereignty due-process federal-state-jurisdiction presumption-of-innocence prosecutorial-misconduct prosecutorial-vindictiveness |
Does the prophylactic presumption of prosecutorial vindictiveness (North Carolina v. Pearce, 395 U.S. 711 (1982)) apply when two different sovereigns … |
| 18-7371 |
Nicole Johnson v. California |
California |
2019-01-11 |
Denied |
Response WaivedIFP |
burden-of-proof circumstantial-evidence civil-rights criminal-conviction criminal-procedure due-process jury-instructions presumption-of-innocence reasonable-doubt stolen-property |
Whether proof that the defendant possessed recently stolen property—any stolen property, as far as the instruction is concerned, even if the defendant… |
| 18-7372 |
Santos Cuevas v. Brandon Kelly, Superintendent, Oregon State Prison |
Ninth Circuit |
2019-01-11 |
Denied |
Response WaivedRelisted (2)IFP |
civil-procedure civil-rights criminal-procedure due-process free-speech grand-jury jurisdiction presumption-of-innocence standing |
Whether the district courts retained jurisdiction to entertain claims that the trial court directing a grand jury and judges to deliberate with statut… |
| 18-7380 |
Ricardo Glover v. Wisconsin |
Wisconsin |
2019-01-11 |
Denied |
Response WaivedIFP |
constitutional-rights conviction criminal-procedure deprivation-of-liberty due-process jurisdiction jurisdictional-challenge liberty prosecutorial-misconduct subject-matter-jurisdiction united-states-constitution |
Whether a person is deprived of their liberty when they are forcefully brought before a court in chains and shackles by the prosecution, the prosecuti… |
| 18-7382 |
Jervon L. Herbin v. Virginia |
Virginia |
2019-01-11 |
Denied |
IFP |
constitutional-rights criminal-procedure cruel-and-unusual-punishment due-process equal-protection ex-post-facto habeas-corpus ineffective-assistance ineffective-assistance-of-counsel retroactive-application retroactivity sentencing sixth-amendment structural-defect |
Did the Lower Court(s) Err in refusing to grant retroactive application to Fishback v. Commonwealth? |
| 18-7298 |
Nicole M. Moore v. Florida |
Florida |
2019-01-10 |
Denied |
Response WaivedIFP |
brady-v-maryland civil-rights conviction criminal-procedure due-process false-testimony incarceration prison-sentence prosecutorial-misconduct state-action wrongful-conviction |
Whether the Due Process Clause excuses the State of Florida's use of false testimony in the procurement of a conviction and 13-year prison sentence wh… |
| 18-7348 |
Edgar Arnold Garcia v. United States |
Eleventh Circuit |
2019-01-10 |
Denied |
Response WaivedIFP |
18-usc-3582 18-USC-3582c2 criminal-procedure criminal-sentencing dillon-v-united-states district-court-discretion due-process legal-error sentence-modification sentencing sentencing-guidelines sentencing-methodology statutory-interpretation statutory-maximum |
Whether Dillon v. United States requires reevaluation of original sentencing methodology in sentence modification proceedings under 18 U.S.C. § 3582(c… |
| 18-7351 |
Rahmad Lashad Geddes v. United States |
Eighth Circuit |
2019-01-10 |
Denied |
Response WaivedIFP |
alleyne appellate-review apprendi civil-rights criminal-procedure due-process ex-post-facto habeas-corpus mandatory-minimum sentencing sentencing-guidelines sixth-amendment statutory-interpretation supreme-court-precedent |
Can a court of appeals sanction a lower court's departure from this court's well-established precedents that effectively conflates the standard of rev… |
| 18-7356 |
Jack Gossett v. United States |
Fifth Circuit |
2019-01-10 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-trial-procedure defendant-rights due-process expert-testimony government-agent-testimony jury-influence prejudice reasonable-doubt reversible-error substantial-rights untendered-expert-testimony |
Did the testimony of a government agent, not tendered as an expert, influence the jury's decision on guilt beyond a reasonable doubt? |
| 18-7358 |
Aaron Ford v. United States |
Eleventh Circuit |
2019-01-10 |
Denied |
Response WaivedIFP |
career-offender certificate-of-appealability criminal-procedure criminal-procedure-28-usc-2255,ineffective-counsel ineffective-assistance ineffective-assistance-of-counsel plain-error presentence-investigation-report section-2255-motion sentencing |
Whether the Eleventh Circuit Court of Appeals erred in denying to issue a certificate of appealability to review Petitioner's denied motion under 28 U… |
| 18-7360 |
Peter Mathis, Jr. v. United States |
Sixth Circuit |
2019-01-10 |
Denied |
Response WaivedRelisted (2)IFP |
appeals appellate-review circuit-court criminal-procedure double-jeopardy due-process final-judgment grand-jury insufficient-evidence sentencing sentencing-review statutory-interpretation |
Did Congress' enactment of 18 USC § 3742(a) allow for the review of an otherwise final sentence if a defendant could show a violation of law? |
| 18-7365 |
Robert Allen DeVore v. Brandon Kelly, Superintendent, Oregon State Penitentiary |
Oregon |
2019-01-10 |
Denied |
Response WaivedIFP |
8th-amendment consecutive-sentences constitutional-law criminal-procedure cruel-and-unusual-punishment cruel-unusual-punishment due-process eighth-amendment habeas-corpus minimum-sentences sentencing |
Does the combined sentence totaling of 495 years with a 247% year minimum violate the Eighth Amendment against cruel and unusual punishment? |
| 18-7367 |
Darwin Markeith Huggans v. United States |
Eighth Circuit |
2019-01-10 |
Denied |
Response WaivedIFP |
case-review counsel-advice criminal-procedure due-process evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel judicial-review lee-v-united-states legal-standard misinformation sixth-amendment |
Was the lower court required to address an evidentiary hearing when the evidence clearly showed that Huggins was misinformed based on counsel's advice… |
| 18-7392 |
In Re James Rudnick |
|
2019-01-10 |
Denied |
IFP |
13th-amendment 14th-amendment civil-rights constitutional-rights conviction criminal-procedure custody due-process fourteenth-amendment habeas-corpus incarceration-authority mittimus thirteenth-amendment |
Whether the Respondent has valid authority to punish the Applicant and keep him incarcerated without a valid conviction |
| 18-7305 |
William Hilts v. United States |
Second Circuit |
2019-01-09 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-indictment criminal-procedure due-process fifth-amendment grand-jury hearsay hearsay-testimony indictment witness-testimony |
Whether a criminal defendant's right to be prosecuted on an indictment voted by a Grand Jury under the Fifth Amendment is violated when the Grand Jury… |
| 18-7307 |
Yoni Rayo-Espinoza v. United States |
Fifth Circuit |
2019-01-09 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 18-7308 |
Ronnie Junior Rodriguez v. United States |
Eleventh Circuit |
2019-01-09 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure due-process evidence expert-testimony expert-witness federal-agent jury-instructions photographic-evidence pro-se-defense prosecutorial-misconduct witness-testimony |
Whether the defendant's due process rights were violated when the government presented unreliable expert testimony and improperly influenced the jury |
| 18-7315 |
James Gregory Armistead v. Jennie Bowen, et al. |
Fourth Circuit |
2019-01-09 |
Denied |
IFP |
administrative-law civil-rights constitutional-rights contracts-clause criminal-procedure due-process equal-protection ex-post-facto fourth-amendment hearing-rights informal-hearing program-eligibility termination |
Whether the trial court and administrative agency denied petitioner due process and equal protection rights by terminating him from a program without … |
| 18-7318 |
Jesus Gomez v. California |
California |
2019-01-09 |
Denied |
IFP |
burglary criminal-procedure due-process evidence evidence-admission fair-trial fifth-amendment fourteenth-amendment uncharged-burglaries |
Whether admission of evidence of uncharged burglaries violated petitioner's rights to a fair trial and due process |
| 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… |
| 18-7323 |
Robert Willis v. United States |
Sixth Circuit |
2019-01-09 |
Denied |
Response WaivedIFP |
acca armed-career-criminal-act career-offender criminal-law criminal-procedure drug-trafficking prior-conviction prior-convictions sentencing sentencing-enhancement statutory-maximum violent-felony |
Whether petitioner Willis's 'B&E Occupied' is a violent felony under ACCA? |
| 18-7325 |
John Joseph Zinkand v. Carlos Hernandez, Superintendent, Avery-Mitchell Correctional Institution, et al. |
Fourth Circuit |
2019-01-09 |
Denied |
Response WaivedRelisted (2)IFP |
civil-rights constitutional-rights criminal-procedure double-jeopardy due-process habeas-corpus imprisonment indictment state-law statutory-interpretation subject-matter-jurisdiction |
Did North Carolina State unlawfully imprison Petitioner upon an unconstitutional statute? |
| 18-7330 |
Michael Anthony Garrett v. United States |
Eighth Circuit |
2019-01-09 |
Denied |
Response WaivedIFP |
5th-amendment 6th-amendment constitutional-rights criminal-procedure defense-theory due-process evidence fifth-amendment jury-instructions right-to-present-defense sixth-amendment trial-evidence |
Whether a defendant's constitutional right to present a defense encompasses the right to have the jury instructed on a theory of defense that constitu… |
| 18-7245 |
Ronnie Junior Rodriguez v. United States |
Eleventh Circuit |
2019-01-08 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure due-process evidence false-declaration federal-rules-of-evidence hearsay legal-procedure perjury self-incrimination standing witness-testimony |
Whether the petitioner's Fifth Amendment right against self-incrimination was violated when the government presented hearsay evidence against him at t… |
| 18-7281 |
Olandio Ray Workman v. John Vandermosten, et al. |
Fourth Circuit |
2019-01-08 |
Denied |
IFP |
civil-procedure civil-rights constitutional-rights criminal-procedure due-process exculpatory-evidence false-charges indigent-defense legal-mail medical-care prison prison-conditions right-to-counsel standing |
Did the District Court in Greenville, South Carolina deny me due process when they didn't finish school and let me know yet? |
| 18-7282 |
Benjamin Edward Henry Bradley v. United States |
Sixth Circuit |
2019-01-08 |
Denied |
Response WaivedIFP |
criminal-procedure drug-quantity due-process factual-findings objection presentence-report sentencing sixth-circuit |
Did the Sixth Circuit Court of Appeals err in affirming the district court's sentencing judgment where the district court adopted the Presentence Repo… |
| 18-7284 |
Roger Leon Barlow v. Mark Garman, Superintendent, State Correctional Institution at Rockview, et al. |
Third Circuit |
2019-01-08 |
Denied |
Response WaivedIFP |
42-pa-c-s-a-9541 constitutional-challenge criminal-procedure due-process illegal-sentence pennsylvania pennsylvania-courts post-conviction-relief post-conviction-relief-act re-sentencing sentencing void-ab-initio |
Did the Pennsylvania Courts err in denying the instant Post Conviction Relief Act Petition for failing to recognize that the P.C.R.A. statute, 42 Pa.C… |
| 18-7289 |
Peter D. Bommerito v. Ralph Diaz, Acting Secretary, California Department of Corrections and Rehabilitation, et al. |
Ninth Circuit |
2019-01-08 |
Denied |
Response WaivedIFP |
14th-amendment administrative-policy ballot-initiatives civil-rights criminal-procedure due-process public-policy state-legislation |
Should the people in the state of California be constitutionally protected under the Fourteenth Amendment in the presence of increasingly severe crimi… |
| 18-7290 |
Muhamet Ajvazi v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-01-08 |
Denied |
IFP |
constitutional-rights constitutional-violation criminal-procedure due-process enhancement evidence judicial-review prior-conviction prior-convictions remand reversal sentencing |
Whether the court should reverse and remand due to the admission of evidence of prior conviction used as enhancement that was not fulfilled |
| 18-7291 |
Dillon Wade Thompson v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-01-08 |
Denied |
IFP |
constitutional-rights criminal-law criminal-procedure deliberation digital-cameras due-process evidence evidence-admissibility judicial-discretion jury jury-deliberations lewd-exhibition prosecutorial-misconduct trial |
Is it a violation of a defendant's Due Process rights if, while deliberating, the fact-finder viewed evidence that was not shown at trial, even if sai… |
| 18-7293 |
Neil Walker v. Alabama |
Alabama |
2019-01-08 |
Denied |
Response WaivedIFP |
civil-rights conflict-of-laws criminal-procedure death-penalty due-process jurisdiction sentencing standing venue |
Where there is a conflict between the two state laws? |
| 18-7302 |
Angel Bartlett v. Stephen Gorsalitz, et al. |
Sixth Circuit |
2019-01-08 |
Denied |
IFP |
civil-rights court-misconduct criminal-conspiracy criminal-procedure due-process false-allegations hate-crime judicial-abuse peonage retaliation witness-tampering |
Was it illegal or wrongful for Stephen Gorsalitz and the Kalamazoo Courts to frame, Set up and destroy Angel Bartlett when she first had her kids? |
| 18-7304 |
Juan Rodriguez-Mantos v. United States |
Fifth Circuit |
2019-01-08 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure due-process federal-law federal-sentencing-guidelines fifth-circuit judicial-review reasonableness-review sentencing sentencing-enhancement sentencing-guidelines sentencing-reasonableness supervisory-power |
Whether the imposition of an outside Guidelines sentence is reasonable |
| 18-7312 |
Danny D. Tran v. Kansas |
Kansas |
2019-01-08 |
Denied |
Response WaivedIFP |
coerced-confession criminal-procedure due-process in-re-gault ineffective-assistance ineffective-assistance-of-counsel juvenile-confession juvenile-rights postcard-denial strickland-standard williams-v-taylor |
Question not identified |
| 18-7313 |
Lewis Templeton v. United States |
Tenth Circuit |
2019-01-08 |
Denied |
Response WaivedIFP |
criminal-procedure drug-crimes firearms sentencing spatial-connection sufficiency-of-evidence u.s.s.g.-2k2.1(b)(6)(b) waiver |
Whether the Tenth Circuit correctly concluded that Mr. Templeton had waived his argument that the evidence was insufficient to support increasing Mr. … |
| 18-7242 |
Dauntorian Lyndel Sanders v. Arizona |
Arizona |
2019-01-07 |
Denied |
IFP |
constitutional-interpretation criminal-procedure death-penalty due-process eighth-amendment fourteenth-amendment precedent sixth-amendment supreme-court-precedent |
Whether Arizona follows the precedent of Simmons v. South Carolina, 512 U.S. 154 (1994), as set forth in Lynch v. Arizona, 136 S. Ct. 1818 (2016) |
| 18-7243 |
Javier Rojas-Cisneros v. United States |
Fifth Circuit |
2019-01-07 |
Denied |
Response WaivedIFP |
appeals civil-procedure civil-rights criminal-procedure due-process habeas-corpus notice-and-warning pro-se standing |
Whether the U.S. Court of Appeals for the Fifth Circuit failed to undertake the notice-and-warning requirement of a pro se filing as a 2255 motion as … |
| 18-7248 |
Vertis Anthony v. Louis Boyd, Warden, et al. |
Eleventh Circuit |
2019-01-07 |
Denied |
Response WaivedIFP |
appeals appellate-jurisdiction civil-procedure constitutional-rights criminal-procedure due-process evidence-suppression fourth-amendment judicial-bias jurisdiction probable-cause rules-of-civil-procedure standing subject-matter-jurisdiction warrantless-search |
Whether the U.S. Court of Appeals for the Eleventh Circuit erred in its rulings on the jurisdictional issues raised in the petition |
| 18-7249 |
John Doe v. United States |
Ninth Circuit |
2019-01-07 |
Denied |
Response WaivedRelisted (2)IFP |
18-usc-3582 circuit-court-review criminal-procedure criminal-sentencing dillon-v-united-states federal-criminal-procedure federal-sentencing-guidelines judicial-discretion resentencing sentencing sentencing-modification statutory-interpretation |
Whether the holding in Dillon v. United States, 560 U.S. 817 (2010) applies to 18 U.S.C. § 3582(c)(1)(B) in the same manner it applies to 18 U.S.C. § … |
| 18-7257 |
Amadou Diakite v. Debbie Asuncion, Warden |
Ninth Circuit |
2019-01-07 |
Denied |
IFP |
civil-procedure civil-rights criminal-procedure due-process equal-protection personnel policy sentencing standing |
Whether the prosecution of the petitioner violated the petitioner's constitutional rights |
| 18-7269 |
Larry Allison v. United States |
Eighth Circuit |
2019-01-07 |
Denied |
Response WaivedIFP |
civil-rights constitutional-law conviction criminal-procedure double-jeopardy due-process judicial-review legal-procedure plea-bargaining sentencing statutory-interpretation |
Can one be sentenced for a crime to which no plea of guilty has been entered and no actual resulting conviction has been held? |
| 18-7270 |
Antonio Bryant v. Illinois |
Illinois |
2019-01-07 |
Denied |
Response WaivedIFP |
appellate-review constitutional-rights criminal-procedure due-process in-re-winship ineffective-assistance ineffective-assistance-of-counsel involuntary-confessions involuntary-statements people-v-bryant standard-of-proof sufficiency-of-evidence |
Whether the Illinois Appellate Court's decision in People v. Bryant is contradictory to this Court's decisions in In re Winship, Jackson v. Denno, and… |
| 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… |
| 18-7272 |
Juan Pablo Arreola v. United States |
Second Circuit |
2019-01-07 |
Denied |
Response WaivedIFP |
cocaine-trafficking criminal-procedure criminal-procedure-evidence due-process evidence evidence-admission indictment-scope jury-instructions prosecutorial-misconduct sentencing standards-of-review |
Whether evidence of uncharged cocain trafficking was admitted erroneously |
| 18-863 |
Tralvis Edmond v. United States |
Seventh Circuit |
2019-01-07 |
Denied |
Response Waived |
4th-amendment confidential-informant criminal-activity criminal-procedure due-process fourth-amendment probable-cause search-warrant temporal-evidence |
Whether a complaint for search warrant that is silent as to the date on which alleged criminal activity occurred and recounts only a single drug purch… |
| 18-854 |
George Alvarez v. City of Brownsville, Texas |
Fifth Circuit |
2019-01-04 |
Denied |
Amici (2)Response RequestedResponse WaivedRelisted (2) |
brady-disclosure brady-v-maryland criminal-defendant criminal-procedure due-process exculpatory-evidence monell-liability municipal-liability plea-agreement plea-bargaining united-states-v-ruiz |
Whether due process requires the government to disclose exculpatory evidence before entering a plea agreement with a criminal defendant |
| 18-7228 |
Dashawn D. Brown v. United States |
Fourth Circuit |
2019-01-04 |
Denied |
Response WaivedIFP |
criminal-procedure due-process evidence evidence-sufficiency excited-utterance excited-utterances hearsay hearsay-evidence prior-identification residual-hearsay-exception sentencing sentencing-error supervised-release |
Whether the sentencing court erred in admitting hearsay statements as excited utterances |
| 18-7230 |
Antwain D. Ashley v. Julie L. Jones, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2019-01-04 |
Denied |
Response WaivedIFP |
criminal-procedure due-process effective-assistance-of-counsel open-plea plea-bargaining sentencing sixth-amendment |
Whether Ashley Was Denied His Sixth Amendment Right to Effective Assistance of Counsel |
| 18-7231 |
Mark J. Avery v. United States |
Ninth Circuit |
2019-01-04 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fair-trial good-faith good-faith-defense money-laundering specific-intent trust trustee-liability wire-fraud |
Where the defendant, trustee of a private trust charged with wire fraud and money laundering based on his non-disclosure and misspending involving tru… |
| 18-7240 |
Charles Jermaine King, Jr. v. United States |
Fourth Circuit |
2019-01-04 |
Denied |
Response WaivedIFP |
career-offender constitutional-rights criminal-history criminal-procedure due-process guidelines habeas-corpus recidivism recidivist sentencing sentencing-guidelines statutory-interpretation |
Whether a defendant was properly treated as a recidivist? |
| 18-7209 |
Daniel Oberacker v. Jeff Noble, Warden |
Sixth Circuit |
2019-01-03 |
Denied |
Response WaivedIFP |
appellate-review civil-procedure civil-procedure-criminal-procedure-due-process-hab civil-proceeding criminal-charge criminal-procedure due-process habeas-corpus parallel-proceedings sex-offender-classification statutory-limitation |
Whether a parallel civil proceeding may be merged and transformed into a criminal charge/issue at the appellate level |
| 18-7210 |
Gordon Prailow v. Maryland |
Maryland |
2019-01-03 |
Denied |
Response WaivedIFP |
automatic-reversal collateral-review constitutional-deficiency criminal-procedure due-process habeas-corpus jury-instructions jury-verdict reasonable-doubt retroactivity sixth-amendment watershed-rule |
Whether state collateral review courts must retroactively apply the watershed/bedrock procedural rule of automatic reversal to jury findings that are … |
| 18-836 |
Phil Miranda Luna v. Florida |
Florida |
2019-01-03 |
Denied |
Response Waived |
capital-sexual-battery criminal-procedure due-process entrapment internet-sting internet-sting-operation jury-instruction jury-instructions minor sexual-battery statutory-entrapment traveling-to-engage-sex-with-minor |
Whether due process is denied when a trial court refuses to instruct a jury on a statutory entrapment defense |
| 18-839 |
Pablo Colon v. Illinois |
Illinois |
2019-01-03 |
Denied |
Response Waived |
constitutional-rights criminal-procedure custodial-interrogation due-process fifth-amendment miranda miranda-rights police-procedure right-to-silence self-incrimination |
Whether the Fifth Amendment's Miranda guarantee requires police to inform a custodial suspect of his right to stop questioning at any time? |
| 18-842 |
Gilbert Mendez v. United States |
Sixth Circuit |
2019-01-03 |
Denied |
|
assistant-us-attorney attorney-misconduct criminal-procedure due-process fraud government-negligence jurisdiction subject-matter-jurisdiction us-attorney |
Whether the Court of Appeals erred by failing to recognize that a U.S. District Court lacks subject-matter jurisdiction over a criminal prosecution wh… |
| 18-7206 |
Christopher Thomas Kegler v. United States |
Ninth Circuit |
2019-01-02 |
Denied |
Response WaivedIFP |
4th-amendment 5th-amendment constitutional-interpretation criminal-procedure due-process evidence legal-precedent miranda-rights search-and-seizure self-incrimination supreme-court-review |
Should this Court reconsider and reverse Schneckloth v. Bustamente |
| 18-7215 |
Salih Zeki Uces v. United States |
Eleventh Circuit |
2019-01-02 |
Denied |
Response WaivedIFP |
constructive-amendment criminal-procedure due-process fifth-amendment indictment-amendment international-kidnapping international-parental-kidnapping jury-instructions mens-rea parental-rights |
Whether the Eleventh Circuit violated Mr. Uces's rights under the Fifth Amendment |
| 18-7217 |
C. G., a Minor v. New Jersey |
New Jersey |
2019-01-02 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
constitutional-law constitutional-rights criminal-procedure due-process equal-protection jury-trial juvenile-justice state-law |
Does a state law that completely bans jury trials for juveniles charged with crimes violate the federal constitutional rights to a jury trial, due pro… |
| 18-7219 |
Jose Amador and Diana Mekaeil v. United States |
Tenth Circuit |
2019-01-02 |
Denied |
IFP |
appellate-review burden-of-proof circuit-split criminal-procedure due-process exclusionary-rule invited-error judicial-procedure legal-burden standard-of-review warrantless-search |
Whether a finding of invited error requires a finding of deliberateness |
| 18-7196 |
Edward Allen McElroy v. United States |
Ninth Circuit |
2018-12-28 |
Denied |
Response WaivedIFP |
child-pornography criminal-procedure due-process faretta-hearing faretta-v-california pro-se-representation self-representation sentencing supervised-release waiver-of-counsel |
Where a defendant is charged in federal court with possession and production of child pornography, the maximum punishment for which carries a lifetime… |
| 18-7198 |
Julio Cruz v. David Hallenbeck, Superintendent, Hale Creek Correctional Facility |
Second Circuit |
2018-12-28 |
Denied |
Response WaivedIFP |
14th-amendment 8th-amendment affidavit civil-procedure civil-rights constitutional-rights criminal-procedure declaration due-process excessive-fines habeas-corpus in-forma-pauperis incorporation ineffective-assistance post-conviction-relief poverty redress |
Whether the Eighth Amendment's prohibition on excessive fines applies to the states through the Fourteenth Amendment |
| 18-7199 |
Adelmo A. Fauntleroy v. Virginia |
Virginia |
2018-12-28 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process effective-counsel incarceration ineffective-assistance-of-counsel reasonable-doubt right-to-counsel sixth-amendment |
Did the Court have sufficient evidence beyond a reasonable doubt to convict the petitioner under the Sixth Amendment |
| 18-821 |
David Keith Wills v. United States |
Fifth Circuit |
2018-12-28 |
Denied |
Relisted (2) |
constitutional-law criminal-procedure double-jeopardy dual-sovereignty fifth-amendment gamble-v-united-states supreme-court |
Whether the Court should overrule the dual sovereignty exception to the Fifth Amendment Double Jeopardy Clause |
| 18-7172 |
Tomas Marco Keen v. Washington |
Washington |
2018-12-27 |
Denied |
IFP |
brady-v-maryland constitutional-rights criminal-procedure disclosure due-process exculpatory-evidence plea-bargaining plea-negotiations prosecutorial-disclosure prosecutorial-misconduct |
Does the prosecutor have a duty to disclose exculpatory information relating to threatened--but not filed--charges during plea negotiations? |
| 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… |
| 18-7180 |
Miguel Antonio Urquia-Melendez v. United States |
Fifth Circuit |
2018-12-27 |
Denied |
Response WaivedIFP |
alleyne almendarez-torres appellate-procedure apprendi case-law certiorari constitutional-interpretation constitutional-law criminal-procedure due-process judicial-review sentencing supreme-court-precedent |
Whether this Court should consider the continuing validity of Almendarez-Torres v. United States, 523 U.S. 244 (1998), in light of the reasoning of Ap… |
| 18-7185 |
Santos Orlando Diaz-Martinez v. United States |
Fifth Circuit |
2018-12-27 |
Denied |
Response WaivedIFP |
almendarez-torres-precedent constitutional-law criminal-law criminal-procedure due-process judicial-review precedent-reconsideration recidivism sentencing sentencing-enhancement stare-decisis statutory-interpretation supreme-court-precedent supreme-court-review |
Whether the Court should overrule Almendarez-Torres v. United States, 523 U.S. 224 (1998) |
| 18-7143 |
Derian Eidson v. United States |
Ninth Circuit |
2018-12-26 |
Denied |
Response WaivedIFP |
18-usc-1956 18-usc-1956-a-3 criminal-law criminal-procedure criminal-statute federal-prosecution government-sting money-laundering proceeds-definition specified-unlawful-activity statutory-interpretation |
Whether the criminal prohibitions against money laundering contained in 18 U.S.C. § 1956(a)(1) based on financial transactions that 'in fact involvel]… |
| 18-7167 |
Cornelius Tyrone Kirsh v. Louisiana |
Louisiana |
2018-12-26 |
Denied |
Response WaivedIFP |
aggravated-flight burden-of-proof criminal-procedure double-jeopardy due-process habitual-offender insufficient-evidence involuntary-statements reasonable-doubt sufficiency-of-evidence |
Whether reasonable jurist would debate that the State failed to meet its burden of proof of beyond a reasonable doubt that Mr. Kirsh is guilt |
| 18-7169 |
Steve L. Wright, Jr. v. United States |
Eighth Circuit |
2018-12-26 |
Denied |
Response WaivedIFP |
criminal-procedure eighth-amendment juvenile-sentencing life-without-parole meaningful-opportunity-for-release ongoing-offense retroactivity sentencing-mitigation term-of-years term-of-years-sentence |
Whether courts must consider juvenile conduct as a mitigating sentencing factor for an ongoing offense |
| 18-7170 |
Jonathan Yancey v. Alabama |
Alabama |
2018-12-26 |
Denied |
IFP |
civil-procedure criminal-procedure due-process effective-assistance-of-counsel equal-protection exculpatory-evidence first-amendment ineffective-assistance-of-counsel sixth-amendment standing takings |
Whether the petitioner's Sixth Amendment right to effective assistance of counsel was violated when his trial counsel failed to investigate and presen… |
| 18-7139 |
James Castleman Gipson v. United States |
Fifth Circuit |
2018-12-21 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
burden-of-proof circuit-split criminal-procedure due-process judicial-review presentence-report sentencing |
Whether factual findings of a Presentence Report (PSR) that result in a higher sentence must be proven by the government in the face of objection |
| 18-7141 |
Luis Rey Gonzalez v. United States |
Fourth Circuit |
2018-12-21 |
Denied |
Response WaivedIFP |
constitutional-analysis constitutional-law criminal-law criminal-procedure due-process judicial-review legal-precedent overruling precedent recidivism sentencing stare-decisis statutory-interpretation supreme-court-precedent |
Should this Court overrule Almendarez-Torres v. United States, 523 U.S. 224 (1998)? |
| 18-7147 |
Abasi Akeem Smith v. United States |
Eleventh Circuit |
2018-12-21 |
Denied |
Response WaivedIFP |
18-usc-111 18-usc-1114 criminal-procedure federal-officer federal-task-force law-enforcement official-duties state-law-enforcement statutory-interpretation |
Whether a state law enforcement officer, who has also been made a member of a federal task force, qualifies as a federal agent when he is acting in th… |
| 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? |
| 18-7133 |
Paul Burks v. United States |
Fourth Circuit |
2018-12-20 |
Denied |
Response WaivedIFP |
civil-procedure criminal-law criminal-procedure criminal-tax due-process elements federal-courts federal-prosecution indictment indictment-elements pretrial-motion statutory-interpretation substantive-law tax-law uncertainty |
Whether the substantial existence of uncertainty in the governing substantive tax law is irrelevant to the determination of a pretrial motion to dismi… |
| 18-7134 |
Lindsey Brooke Lowe v. Tennessee |
Tennessee |
2018-12-20 |
Denied |
Response WaivedIFP |
bouie-v-city-of-columbia criminal-procedure due-process ex-post-facto exclusionary-rule good-faith-exception judicial-decision-making retroactive-application rogers-v-tennessee |
Whether the limitations on ex post facto judicial decision-making that this Court recognized in Bouie v. City of Columbia and Rogers v. Tennessee, and… |
| 18-7137 |
Jamie R. Madrigal v. Ohio |
Ohio |
2018-12-20 |
Denied |
IFP |
14th-amendment 5th-amendment brady-v-maryland brady-violation constitutional-rights conviction criminal-procedure due-process evidence ineffective-assistance res-judicata statutory-interpretation |
May withholding exculpatory and impeaching evidence be disregarded and/or used to obtain or sustain a conviction? |
| 18-7138 |
Antonio Alvarez-Moreno v. United States |
Ninth Circuit |
2018-12-20 |
Denied |
Response WaivedIFP |
civil-rights constitutional-vagueness criminal-procedure due-process firearms law-enforcement-notification sentencing-guidelines supervised-release vagueness weapon-possession |
Are these conditions unconstitutionally vague? |
| 18-7145 |
William Sadowski v. Randy Grounds, Warden |
Ninth Circuit |
2018-12-20 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure criminal-trial due-process fair-trial impartial-jury jury-impartiality police-presence |
Whether the presence of uniformed police officers during a trial involving the death of a police officer violates a criminal defendant's right to due … |
| 18-7150 |
Daniel Hostetler v. Kentucky |
Kentucky |
2018-12-20 |
Denied |
Response WaivedIFP |
brady-violation brady-violation-suppression circuit-split constitutional-rights criminal-procedure due-process exculpatory-evidence guilty-plea plea-agreement prosecutorial-misconduct suppression |
Whether material exculpatory evidence is unconstitutionally suppressed when the defense is made aware its existence and its content, but is later inco… |
| 18-7152 |
Yosnel Bonet v. United States |
Eleventh Circuit |
2018-12-20 |
Denied |
IFP |
commerce-clause criminal-law criminal-procedure federal-power federal-prosecution firearm-possession firearms intrastate intrastate-commerce legal-authority possession second-amendment standing supreme-court-review |
Whether 18 U.S.C. § 922(g)(1) is facially unconstitutional because it exceeds Congress's authority under the Commerce Clause, and is unconstitutional … |
| 18-7154 |
John Visconti v. United States |
Ninth Circuit |
2018-12-20 |
Denied |
Response WaivedIFP |
boulware-precedent boulware-v-united-states corporate-fraud corporate-governance corporate-stock criminal-law criminal-procedure distribution-interpretation legal-classification return-of-capital securities-law shareholder-rights statutory-interpretation stock-distribution tax-evasion unlawful-diversion |
Whether an unlawful diversion may be deemed a 'distribution . . . with respect to [a corporation's] stock,' the question expressly left open in Boulwa… |
| 18-7089 |
Esau Milliner v. Kathy Litteral, Warden |
Sixth Circuit |
2018-12-19 |
Denied |
Response WaivedIFP |
appeal-waiver closing-argument confession constitutional-rights criminal-procedure due-process first-degree-burglary ineffective-assistance-of-counsel initial-aggressor procedural-bar right-to-appeal right-to-testify self-defense trial-counsel |
Effective-assistance-of-counsel |
| 18-7095 |
Miguel Robinson v. United States |
Sixth Circuit |
2018-12-19 |
Denied |
Response WaivedIFP |
4th-amendment circumstances circumstantial-evidence criminal-procedure drug-trafficking due-process fourth-amendment probable-cause reasonable-search rigid-legal-rules rule-of-law search search-and-seizure search-warrant |
Did the Court of Appeals violate the principle that rigid legal rules are ill-suited to an analysis of probable cause by relying on a rule to find a m… |
| 18-7101 |
John Samuel Ghobrial v. California |
California |
2018-12-19 |
Denied |
IFP |
capital-punishment constitutional-rights criminal-procedure criminal-sentencing death-penalty due-process fifth-amendment fourteenth-amendment jury-finding jury-trial reasonable-doubt sentencing sixth-amendment statutory-maximum |
Does California's death penalty scheme violate the requirement under the Fifth, Sixth, and Fourteenth Amendments that every fact that serves to increa… |
| 18-7104 |
Axel Irizarry-Rosario v. United States |
First Circuit |
2018-12-19 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process government-misconduct government-obligation government-obligations judicial-ethics plea-agreement plea-bargaining prosecutorial-discretion sentencing sentencing-argument statutory-interpretation |
Whether the government may avoid its obligation to scrupulously observe the terms of a plea agreement by including in its sentencing argument informat… |
| 18-7106 |
Ramiro Plascencia-Orozco v. United States |
Ninth Circuit |
2018-12-19 |
Denied |
Response WaivedIFP |
appeal breach breach-of-contract commerce-clause constitutional-violation criminal-procedure double-jeopardy due-process eleventh-amendment judicial-power plea-agreement sentencing |
Whether the District Court Erred When it Declared, Petitioner Breached His 2011 Plea Agreement and Thus Allowed the Government to go Forward on Charge… |
| 18-7107 |
Naeem-Lateef Odums v. United States |
Fourth Circuit |
2018-12-19 |
Denied |
Response WaivedIFP |
5th-amendment-due-process,6th-amendment-right-to-c 5th-amendment-due-process,sentencing-discretion,me 6th-amendment attorney-client-privilege criminal-procedure due-process effective-assistance-of-counsel fifth-amendment ineffective-assistance-of-counsel intentional-deception mental-health-evaluation sentencing sixth-amendment |
Does it violate the 6th Amendment right to effective-assistance-of-counsel when a defendant's lawyer intentionally-deception |
| 18-7109 |
Tshombe Miller v. Ohio |
Ohio |
2018-12-19 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-charging criminal-law criminal-procedure double-jeopardy due-process juror-consensus jury-consensus ohio-constitution rape-allegations united-states-constitution |
Is 'carbon copy' charging of multiple allegations of rape violative of due process and/or double jeopardy pursuant to the United States and Ohio Const… |
| 18-7110 |
James M. Flinn v. Mike Parris, Warden |
Sixth Circuit |
2018-12-19 |
Denied |
Response WaivedIFP |
criminal-procedure due-process evidence fourteenth-amendment indictment indictment-allegations insufficient-evidence jury-instructions reasonable-doubt sufficiency-of-evidence |
Whether the Petitioner was convicted upon insufficient evidence in violation of the Due Process Clause |
| 18-7119 |
Stanley Grigsby v. Louisiana |
Louisiana |
2018-12-19 |
Denied |
Response WaivedIFP |
appellate-review criminal-justice criminal-procedure cruel-and-unusual-punishment due-process excessive-sentence judicial-error jurisdiction louisiana-law sentencing sentencing-review subject-matter-jurisdiction |
Whether the Louisiana Court's have erred in determining that the sentence was not excessive? |
| 18-7123 |
Derrick Michael Allen, Sr. v. United States |
Fourth Circuit |
2018-12-19 |
GVR |
Response RequestedResponse WaivedRelisted (3)IFP |
criminal-defendant criminal-law criminal-procedure due-process firearm-possession firearms legal-knowledge mens-rea second-amendment statutory-interpretation statutory-offense |
Whether 18 U.S.C. §§ 922(g) and 924 require the government to prove a criminal defendant's mens rea as to each substantive element of the enumerated s… |
| 18-7124 |
Ruben Geovanni Hernandez v. Texas |
Texas |
2018-12-19 |
Denied |
IFP |
4th-amendment civil-rights criminal-procedure due-process fishing-expedition fourth-amendment law-enforcement reasonable-suspicion scope-of-detention search-and-seizure traffic-stop vehicle-search |
Does the Fourth Amendment protect against a 'fishing expedition' to develop 'reasonable suspicion' to exceed the scope of an initial stop in order to … |
| 18-7130 |
Matthew G. Alden, Jr. v. Massachusetts |
Massachusetts |
2018-12-19 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
burden-of-proof criminal-charges criminal-charges-text-messages criminal-procedure due-process ineffective-assistance jury-instructions preponderance-of-evidence preponderance-of-the-evidence proof-beyond-reasonable-doubt reasonable-doubt right-to-acquittal structural-error text-message-evidence text-messages |
Whether the government's use of a preponderance-of-the-evidence standard to prove that the defendant sent text messages violates the defendant's right… |
| 18-7074 |
Gennaro Mattiaccio v. United States |
Fourth Circuit |
2018-12-18 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure double-jeopardy due-process jurisdiction prosecutorial-misconduct sentencing sufficiency-of-evidence |
Whether the evidence was insufficient to sustain the convictions on Count 3 |
| 18-7075 |
Patrick Martinez v. Texas |
Texas |
2018-12-18 |
Denied |
IFP |
criminal-law criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel Lafler-v-Cooper parole parole-eligibility plea-bargaining reasonable-probability sixth-amendment |
Whether the decision below is irreconcilable with Lafler v. Cooper and the reasonable probability standard for analyzing prejudice in ineffective assi… |
| 18-7076 |
Evelyn Person v. United States |
Second Circuit |
2018-12-18 |
Denied |
Response WaivedIFP |
appellate-review circuit-split conspiracy criminal-procedure due-process inconsistent-verdicts jury-instructions jury-verdict legal-conflict narcotics narcotics-conspiracy special-interrogatories |
Whether the Second Circuit's failure to vacate the verdict of guilt rendered against Petitioner in the narcotics conspiracy count based upon an irreco… |
| 18-7078 |
Joseph O'Shaughnessy, aka Joseph D. O'Shaughnessy v. United States |
Ninth Circuit |
2018-12-18 |
Denied |
Response WaivedIFP |
appellate-review appellate-waiver criminal-procedure due-process involuntary-plea judicial-review ninth-circuit-procedure plea-bargaining plea-voluntariness voluntariness waiver |
Whether the Ninth Circuit properly dismissed the appeal without articulating the factors it found to base its conclusion that the plea and waiver were… |
| 18-7079 |
Franklyn Morillo v. United States |
First Circuit |
2018-12-18 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-waiver certiorari controlled-substances criminal-procedure district-court due-process first-impression first-impression' 'Should certiorari be granted i judicial-discretion knowing-intelligent-voluntary legal-standard plea-bargaining procedural-rights role-enhancement sentencing sentencing-guidelines standard-of-review' 'Should certiorari be granted |
Should certiorari be granted to decide whether a district court can only ask a Petitioner a single question about an appellate waiver, even though tha… |
| 18-7080 |
Yusufu Danmola v. United States |
Fifth Circuit |
2018-12-18 |
Denied |
Response WaivedIFP |
civil-rights constitution constitution-law constitutional-interpretation court-jurisdiction criminal-procedure due-process judicial-review legal-enforcement separation-of-powers standing statutory-interpretation uniform-commercial-code |
Is the Court Allowed to Enforce a Law not in Pursuance with the Constitution? |
| 18-7087 |
Daniel Lopez v. United States |
Tenth Circuit |
2018-12-18 |
Denied |
Response WaivedIFP |
circuit-court-conflict circuit-court-split circuit-split criminal-procedure due-process judicial-review plain-error plea-agreement prosecutorial-misconduct |
Whether the District Court committed plain error by allowing the prosecutor to commit prosecutorial misconduct by breaching the plea agreement |
| 18-772 |
Erasmo Aviles, Jr. v. United States |
Fifth Circuit |
2018-12-18 |
Denied |
|
compulsory-process constitutional-rights criminal-procedure due-process exculpatory-evidence exculpatory-testimony government-interests immunity prosecutorial-misconduct self-incrimination witness-immunity |
Does due process require a court to compel the government, on pain of dismissal, to seek immunity for an essential defense witness if government's int… |
| 18-7039 |
Alexander Ndaula v. United States |
First Circuit |
2018-12-17 |
Denied |
Response WaivedIFP |
18-usc-3553 5th-amendment 6th-amendment burden-of-proof constitutional-rights criminal-procedure due-process evidentiary-hearing loss-amount sentencing sentencing-enhancement statutory-interpretation |
Whether the 5th and 6th Amendments require an evidentiary hearing on disputed sentencing factors and an adequate explanation for an enhanced sentence … |
| 18-7050 |
Javier Portillo v. United States |
Ninth Circuit |
2018-12-17 |
Denied |
Response WaivedIFP |
border-crossing border-search criminal-evidence criminal-procedure drug-trafficking due-process evidence jury knowledge-standard mens-rea narcotics-possession ninth-circuit standard-of-proof sufficiency-of-evidence trial-sufficiency |
Whether the Ninth Circuit's analysis of the facts was inadequate |
| 18-7058 |
Jose Joaquin Ramirez v. City of New York, New York, et al. |
Second Circuit |
2018-12-17 |
Denied |
Response WaivedIFP |
8th-amendment bail-denial civil-rights constitutional-rights criminal-procedure due-process felony flight-risk mental-health pretrial-detention |
Whether the denial of bail for over 15 months on an individual who has no documented history of felony, prior acts of violence, and no history of flig… |
| 18-7065 |
Fabio Porfirio Lobo v. United States |
Second Circuit |
2018-12-17 |
Denied |
Response WaivedRelisted (2)IFP |
constitutional-law constitutional-rights criminal-procedure district-court due-process inaccurate-information judicial-discretion life-sentence sentencing |
Whether Petitioner's due process rights were violated when the United States District Court relied on inaccurate information sentencing him to a defac… |
| 18-7069 |
John Ludovici v. Robert Marsh, Superintendent, State Correctional Institution at Benner Township, et al. |
Third Circuit |
2018-12-17 |
Denied |
IFP |
14th-amendment brady-violation constitutional-violation criminal-procedure discovery due-process material-evidence misconduct prosecutorial-misconduct |
Did the Commonwealth commit misconduct when it intentionally withheld various forms of material evidence in violation of the 14th Amendment? |
| 18-7072 |
Kenneth Harper v. United States |
Second Circuit |
2018-12-17 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure due-process guilty-plea harmless-error judicial-error plea-bargaining plea-colloquy rule-11 sentencing-guidelines |
Has United States v. Vonn, 535 U.S. 55 (2005), and its progeny stripped the Courts of Appeal of the ability to meaningfully supervise the plea colloqu… |
| 18-7035 |
Eminiano A. Reodica v. United States |
Ninth Circuit |
2018-12-14 |
Denied |
Response WaivedIFP |
criminal-procedure district-court evidentiary-hearing federal-rules-of-criminal-procedure guilty-plea motion-to-withdraw plea-withdrawal rule-11 |
Whether Federal Rule of Criminal Procedure 11(d) governing motions to withdraw a guilty plea establishes a liberal standard which precludes the distri… |
| 18-7038 |
William Owens v. Texas |
Texas |
2018-12-14 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
brady-v-maryland brady-violation criminal-procedure due-process exculpatory-evidence material-evidence police-report prosecutorial-misconduct victim-credibility |
whether-state-withheld-material-evidence |
| 18-7047 |
Anthony Casanova v. Michigan |
Michigan |
2018-12-14 |
Denied |
IFP |
criminal-procedure custodial-confession custodial-interrogation due-process fifth-amendment interrogation involuntary-confession miranda-rights self-incrimination |
Did the trial court's admission of Anthony Casanova's custodial confession deprive him of his Fifth Amendment right against compelled self-incriminati… |
| 18-7053 |
Kevin Scott Varner v. John Christiansen, Warden |
Sixth Circuit |
2018-12-14 |
Denied |
IFP |
4th-amendment civil-rights constitutional-rights criminal-procedure due-process exclusionary-rule fourth-amendment habeas-corpus state-court state-court-litigation state-court-review stone-v-powell |
What constitutes an opportunity for full and fair litigation of a Fourth Amendment claim in state court? |
| 18-7056 |
David Leonard Johnson v. California |
California |
2018-12-14 |
Denied |
IFP |
california-law criminal-law criminal-procedure criminal-procedure-lesser-included-offense descamps-standard due-process jury-instructions lesser-included-offense prejudicial-error prior-convictions receiving-stolen-property robbery |
Is the crime of receiving stolen property a lesser included offense of robbery, and if so, was the trial court's failure to instruct on receiving stol… |
| 18-763 |
Chaka Fattah, Sr. v. United States |
Third Circuit |
2018-12-14 |
Denied |
|
6th-amendment circuit-split criminal-procedure deliberations due-process evidence judicial-discretion juror-removal jury-unanimity misconduct-standard standard-of-review |
Whether a district court must determine that there is no possibility that allegations of juror misconduct stem from the juror's view of the evidence t… |
| 18-764 |
Oscar Henry Steinmetz v. United States |
Eighth Circuit |
2018-12-14 |
Denied |
Response Waived |
4th-amendment civil-rights consent consent-search constitutional-rights criminal-procedure due-process fourth-amendment law-enforcement probable-cause search-and-seizure |
Does the law regarding searches, seizures, and consent need clarification for proper guidance and application? |
| 18-7028 |
Jameel Simpson v. James Erkerd, et al. |
Third Circuit |
2018-12-13 |
Denied |
Response WaivedIFP |
actual-innocence conflict-of-interest constitutional-rights criminal-defense criminal-procedure effective-assistance effective-assistance-of-counsel prejudice sixth-amendment wrongful-conviction |
Petitioner was denied effective assistance of counsel due to conflict of interest |
| 18-7029 |
Jorge Ruelas-Martinez v. United States |
Fifth Circuit |
2018-12-13 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 18-7001 |
In Re Michael Kennedy |
|
2018-12-12 |
Dismissed |
IFP |
civil-procedure civil-rights constitutional-rights court-of-appeals criminal-procedure due-process federal-courts federal-jurisdiction free-speech habeas-corpus pleadings standing |
Whether the lower federal courts erred in dismissing petitioner's claims without allowing him to file any pleadings |
| 18-7004 |
Miguel Rodriguez-Garcia v. United States |
Fifth Circuit |
2018-12-12 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure judicial-discretion plain-error remand sentencing statutory-interpretation statutory-maximum substantial-rights |
Whether a court of appeals that finds a plain error in the district court's selection of a statutory maximum should ordinarily order a limited remand … |
| 18-7005 |
Denis Aviles Salguero v. United States |
Ninth Circuit |
2018-12-12 |
Denied |
Response WaivedIFP |
appellate-review child-pornography constitutional-law criminal-law criminal-procedure double-jeopardy fifth-amendment sentencing |
Whether Petitioner's convictions for receipt and possession of child pornography violated the Double Jeopardy Clause of the Fifth Amendment |
| 18-7009 |
Jimmy Davis v. United States |
Third Circuit |
2018-12-12 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process federal-rules federal-rules-of-criminal-procedure notice notice-requirement procedural-due-process supervised-release third-circuit |
Whether Mr. Davis was denied procedural due process |
| 18-6975 |
Roy Arlen Van Nortrick v. Louisiana |
Louisiana |
2018-12-11 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure due-process duress duress-inducements-promises involuntary-statements judicial-error jury-instructions reasonable-doubt |
Whether reasonable jurist would debate that the State failed to meet its burden of proof of beyond a reasonable doubt that Mr. Van Nortrick is guilty |
| 18-6978 |
Ronald Fermin Mascarena v. Montana |
Montana |
2018-12-11 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure due-process federal-rights right-to-speedy-trial speedy-trial state-rights |
Whether the Montana State Supreme Court violated the petitioner's federal right to a speedy trial |
| 18-6980 |
Traveon Shaquille Martin v. United States |
Fourth Circuit |
2018-12-11 |
Denied |
Response WaivedIFP |
acceptance-of-responsibility clear-error criminal-procedure district-court offense-level sentencing-guidelines u.s.s.g-3e1.1 |
Whether the district court clearly erred in denying a three-level reduction in Petitioner's offense level for acceptance of responsibility under U.S.S… |
| 18-6983 |
Sholam Weiss v. United States |
Eleventh Circuit |
2018-12-11 |
Denied |
Response WaivedIFP |
and a Certificate of Appealability should have is where the government had committed itself to pros adversary-system adverse-positions certificate-of-appealability criminal-procedure due-process grand-jury prosecutorial-commitment prosecutorial-discretion right-to-counsel |
Whether Mr. Weiss was denied his right to conflict-free counsel during grand jury proceedings |
| 18-6986 |
Nathan Lynn Cloud v. United States |
Ninth Circuit |
2018-12-11 |
Denied |
Response WaivedIFP |
criminal-procedure exclusionary-rule fourth-amendment intergovernmental-agreements law-enforcement law-enforcement-agreements nevada-v-hicks service-of-process tribal-sovereignty |
Does the tribal criminal defendant have Fourth Amendment rights when state law enforcement violates an agreement with the tribe regarding criminal ser… |
| 18-6991 |
Julius King Rambo, III v. Kansas |
Tenth Circuit |
2018-12-11 |
Denied |
IFP |
civil-rights constitutional-law constitutional-rights corpus-delecti corpus-delicti criminal-intent criminal-law criminal-procedure due-process evidence falsification-of-evidence perjury statutory-interpretation |
Whether it is legal, lawful, and constitutional for states to manipulate distinctly explained statutes in order to present charges |
| 18-6995 |
Ashley Owens v. United States |
Fifth Circuit |
2018-12-11 |
Denied |
Response WaivedIFP |
co-defendant co-defendant-disparity criminal-procedure due-process equal-protection loss-calculation plea-agreement sentencing |
Did the Lower Courts violate the Due Process Clause when they sentenced Owens based on an unproven and inflated loss? |
| 18-744 |
Mark Unger v. David Bergh, Warden |
Sixth Circuit |
2018-12-11 |
Denied |
|
criminal-procedure due-process effective-assistance-of-counsel expert-testimony habeas-corpus ineffective-assistance-of-counsel junk-science sixth-amendment |
Whether the Sixth Amendment guarantee of effective assistance of counsel is violated when counsel fails to expose junk science that sends his client t… |
| 18-6968 |
Alejandro Quinones Leyva v. United States District Court for the District of South Carolina |
Fourth Circuit |
2018-12-11 |
Denied |
Response WaivedIFP |
6th-amendment criminal-procedure ineffective-assistance ineffective-assistance-of-counsel language-barriers notice-of-appeal plea-bargaining prejudice right-to-counsel sentencing sentencing-rights sixth-amendment |
Whether the defendant received ineffective assistance of counsel due to counsel's failure to file a notice of appeal |
| 18-6953 |
Jesus Jaime Jimenez v. Texas |
Texas |
2018-12-10 |
Denied |
IFP |
14th-amendment 6th-amendment actual-innocence criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jurisdiction jurisdictional-defect post-conviction-writ texas-constitution |
Whether the Trial Court, as well as, the Court of Criminal Appeals of Texas, abused their discretion (violating Applicants Constitutional Rights) by f… |
| 18-6976 |
Joseph Lochuch Ewalan v. Washington |
Washington |
2018-12-10 |
Denied |
IFP |
criminal-procedure criminal-trial double-jeopardy due-process evidentiary-basis jury-instruction jury-instructions lesser-included-offense standard-of-review state-court sufficiency-of-evidence united-states-v-dixon |
Whether the state trial court erred when it failed to instruct the jury on a lesser included offense when the evidence in the case supports an inferen… |
| 18-6977 |
James Edward Mitchell v. California |
California |
2018-12-10 |
Denied |
IFP |
california california-law constitution constitutional-law constitutional-violation criminal-law criminal-procedure due-process inhabitance-standard jury-instruction jury-instructions residential-burglary statutory-interpretation |
Does the standard jury instruction for residential burglary in California violate the United States Constitution where it fails to convey that the 'di… |
| 18-6938 |
Jarrod Phillips v. Rusty Washburn, Warden |
Sixth Circuit |
2018-12-07 |
Denied |
Response WaivedIFP |
appeal appellate-procedure boykin-precedent boykin-v-alabama civil-rights constitutional-review constitutional-rights criminal-procedure due-process eighth-amendment excessive-fines fourteenth-amendment incorporation ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining strickland-standard strickland-v-washington |
Whether the Eighth Amendment's prohibition on excessive fines applies to the states through the Fourteenth Amendment's Due Process Clause |
| 18-6941 |
John Leslie Chapman v. Robert Lampert, Director, Wyoming Department of Corrections, et al. |
Wyoming |
2018-12-07 |
Denied |
Response WaivedRelisted (2)IFP |
abuse-of-discretion constitutional-rights criminal-procedure due-process fourteenth-amendment judicial-discretion legal-advisement plea-bargaining sentencing void-judgment |
Whether the strictures of Federal Rules of Criminal Procedure Rule 11 and the Fourteenth Amendment due process were met concerning personal advisement… |
| 18-6950 |
Jason Wayne McBride v. Texas |
Texas |
2018-12-07 |
Denied |
IFP |
5th-amendment amendment civil-rights constitutional-law criminal-intent criminal-procedure double-jeopardy due-process indictment-amendment mens-rea speedy-trial statutory-interpretation texas-penal-code |
Did the state decide an important Constitutional Double Jeopardy violation that conflicted with another Court and the Supreme Court? |
| 18-6951 |
Jamal Cooper v. United States |
Sixth Circuit |
2018-12-07 |
Denied |
Response WaivedIFP |
18-usc-2518 4th-amendment congressional-intent consent-requirements criminal-procedure exclusionary-rule fourth-amendment franks-v-delaware necessity-requirement omnibus-crime-control-act probable-cause separate-application statutory-interpretation wiretap-application wiretap-necessity wiretap-statute |
Is 18 U.S.C. § 2518 (1) (ce) a statutory provision that reflects Congress' core concerns and does § 2518 (1)(c) require that each request for a wireta… |
| 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… |
| 18-6959 |
Glenn Lloyd Kingham v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2018-12-07 |
Denied |
IFP |
4th-amendment actual-prejudice assistance-of-counsel civil-rights competency constitutional-rights criminal-procedure due-process exclusionary-rule habeas-corpus judicial-review post-conviction probable-cause procedural-rules search-and-seizure |
Whether arbitrary government intrusion violates the Fourth Amendment by means of unlawful search and seizure without probable cause |
| 18-6960 |
Craig Mack v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2018-12-07 |
Denied |
IFP |
civil-procedure civil-rights due-process free-speech standing takings civil-rights constitutional-review criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel post-conviction prosecutorial-misconduct sentencing |
Whether the petitioner's constitutional rights were violated by errors in his criminal trial and sentencing proceedings |
| 18-6961 |
In Re Michael D. Johnson |
|
2018-12-07 |
Denied |
IFP |
6th-amendment constitutional-law criminal-procedure due-process jury-reduction jury-selection right-to-counsel sixth-amendment |
Does the Sixth Amendment demand the assistance of counsel for a defendant during jury selection or jury reduction? |
| 18-6962 |
In Re Walter E. Kostich |
|
2018-12-07 |
Denied |
IFP |
14th-amendment 5th-amendment constitutional-rights criminal-procedure double-jeopardy due-process equal-protection jurisdiction magistrate-jurisdiction statutory-interpretation statutory-requirements |
Whether the State prosecution or Courts has the authority to prosecute a criminal case in the absence of a statutory required signed 'Bind-Over Order'… |
| 18-6964 |
Henry L. Wallace v. United States |
District of Columbia |
2018-12-07 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure criminal-procedure-defects double-jeopardy due-process indictment-amendment ineffective-assistance ineffective-assistance-of-counsel jurisdiction jurisdictional-defect jury-instruction jury-instructions prosecutorial-misconduct standing |
Whether a jurisdiction defective indictment can be procedurally or time bar adjudication |
| 18-6967 |
Michael Danilovich, aka Sealed Defendant 2, aka Mike Daniels, aka Fat Mike, aka Mike D v. United States |
Second Circuit |
2018-12-07 |
Denied |
Response WaivedIFP |
appointment-of-counsel civil-rights criminal-procedure due-process indigent-defendant legal-representation qualified-reappointment reappointment-of-counsel right-to-counsel sixth-amendment |
Whether an indigent defendant has a qualified right to reappointment of counsel |
| 18-6920 |
Clyde Retiz v. United States |
Fifth Circuit |
2018-12-06 |
Denied |
Response WaivedIFP |
criminal-law criminal-procedure due-process federal-criminal-procedure federal-jurisdiction indictment plea-bargaining reasonable-sentence sentencing sentencing-factors sentencing-guidelines statutory-interpretation |
Whether facts that alter the range of 'reasonable' federal sentences must be pleaded in the indictment in federal cases? |
| 18-6927 |
In Re Jerry Urbina |
|
2018-12-06 |
Denied |
IFP |
abuse-of-discretion criminal-procedure criminal-sentencing federal-courts judicial-discretion plea-agreement plea-bargaining retroactivity rule-11 sentencing-amendment sentencing-guidelines sentencing-reform statutory-interpretation |
Whether the lower courts abused their discretion by denying petitioner Urbina relief under the 782 Amendment due to his being the beneficiary of a Rul… |
| 18-6934 |
Bobby Evans v. United States |
Fourth Circuit |
2018-12-06 |
Denied |
Response WaivedIFP |
abuse-of-discretion criminal-procedure criminal-sentencing drug-treatment federal-procedure purposes-of-supervised-release revocation sentencing supervised-release |
Whether revoking the supervised release term of a defendant who is in need of drug treatment, after he initially failed in a drug treatment program, i… |
| 18-6935 |
Joshua Donald Ewing v. United States |
Sixth Circuit |
2018-12-06 |
Denied |
Response WaivedIFP |
criminal-evidence criminal-procedure drug-transaction due-process electronic-device-evidence evidence jackson-v-virginia registration standard-of-proof user-identification |
Whether this Court's Opinion in Jackson v. Virginia, 443 U.S. 307, 319 (1979) needs updating to address what constitutes sufficient evidence, in ident… |
| 18-6940 |
Dalray Kwane Andrews v. Warren L. Montgomery, Warden |
Ninth Circuit |
2018-12-06 |
Denied |
IFP |
appellate-review criminal-procedure dilatory faretta-right faretta-v-california habeas-corpus self-representation sixth-amendment timeliness trial-court |
Whether the Ninth Circuit erred in holding that Faretta clearly established a requirement that a request for self-representation must be made at least… |
| 18-6945 |
William Nathaniel Washington v. Scott Frauenheim, Warden |
Ninth Circuit |
2018-12-06 |
Denied |
Response WaivedRelisted (2)IFP |
civil-rights constitutional-rights criminal-procedure criminal-prosecution due-process evidence-fabrication fabricated-evidence false-evidence law-enforcement law-enforcement-misconduct miranda-waiver |
If there exist authentic uncontradicted testimonial evidence in the record of a criminal proceedings that proves that a member of a law enforcement ag… |
| 18-6946 |
Sergio Louis Trevino v. Texas |
Texas |
2018-12-06 |
Denied |
Response WaivedIFP |
appeal appeal-rights constitutional-challenge criminal-procedure due-process plea-bargaining presentencing-waiver right-to-appeal sentencing sentencing-procedure waiver waiver-of-appeal waiver-validity |
Can a presentencing waiver of appeal be knowingly and intelligently entered when potential errors cannot be anticipated and the consequences of the wa… |
| 18-6948 |
William Gavidia v. United States |
Fourth Circuit |
2018-12-06 |
Denied |
Response WaivedIFP |
civil-rights common-heritage crimes-of-violence criminal-indictment criminal-procedure due-process enterprise indictment pattern-of-activity pattern-of-racketeering racketeering racketeering-activity |
Whether those of common heritage constitute an enterprise that should be indicted and tried together and any crimes of violence they commit constitute… |
| 18-6910 |
Elseddig Elmarioud Musa v. United States |
Ninth Circuit |
2018-12-04 |
Denied |
Response WaivedIFP |
criminal-procedure due-process evidence evidentiary-sufficiency fraud-allegations judicial-discretion jury-instructions motion-for-acquittal prosecutorial-misconduct rule-29-motion sufficiency-of-evidence |
Whether the district court improperly denied Musa's Rule 29 motion |
| 18-6917 |
Rodolfo Portela v. United States |
Eleventh Circuit |
2018-12-04 |
Denied |
Response WaivedIFP |
appeal competency-hearing conspiracy controlled-substance controlled-substances criminal-procedure criminal-procedure-sentencing drug-conspiracy drug-trafficking evidence-suppression firearm-possession sentencing sentencing-guidelines sufficiency-of-evidence |
Whether the district court erred in finding sufficient evidence of conspiracy to possess with intent to distribute a controlled substance |
| 18-6894 |
David Crosby v. United States |
Ninth Circuit |
2018-12-03 |
Denied |
Response WaivedIFP |
appellate-review circuit-split criminal-procedure due-process evidence improper-vouching judicial-precedent legal-standard prosecutorial-misconduct |
Whether the Ninth Circuit's holding conflicts with the Seventh Circuit's and this Court's precedent as it concerns improper vouching |
| 18-6897 |
Victor Solorzano Tavia v. United States |
Eleventh Circuit |
2018-12-03 |
Denied |
Response WaivedIFP |
blakely-rule consecutive-sentences criminal-procedure double-jeopardy grade-c-violation illegal-reentry sentencing sentencing-guidelines statutory-maximum supervised-release |
Whether sentence for illegal reentry and sentence for violation of supervised release should have run concurrent to avoid double jeopardy |
| 18-6902 |
Scott Mansfield v. Florida |
Florida |
2018-12-03 |
Denied |
IFP |
criminal-conviction criminal-procedure death-penalty death-sentence due-process fact-finding findings-of-fact jury-findings jury-instructions notice procedural-due-process sentencing unnoticed-defendant |
Whether a conviction and death sentence may stand where a jury made no specific findings of fact that subjected an unnoticed individual to conviction … |
| 18-6905 |
Thomas Thadeus Szczerba v. United States |
Eighth Circuit |
2018-12-03 |
Denied |
IFP |
affidavit-incorporation criminal-procedure exclusionary-rule fourth-amendment good-faith-exception incorporation-of-affidavit search-and-seizure warrant-incorporation warrant-particularity warrant-particularization |
Does the Leon 'good-faith exception' to the exclusionary rule apply when a warrant fails to particularize the 'things to be seized' and fails to conta… |
| 18-6884 |
Isaiah Glenndell Tryon v. Oklahoma |
Oklahoma |
2018-11-30 |
Denied |
IFP |
aggravating-factors appellate-review criminal-procedure death-penalty hurst-v-florida jury-trial mitigating-circumstances ring-v-arizona sixth-amendment |
Whether the Sixth Amendment prohibits a state appellate court from reweighing aggravating and mitigating circumstances and determining that death is t… |
| 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? |
| 18-6889 |
Stephen Todd Booker v. Florida |
Florida |
2018-11-30 |
Denied |
IFP |
apprendi-v-new-jersey criminal-procedure death-penalty death-penalty-sentencing eighth-amendment equal-protection fourteenth-amendment hurst-retroactivity montgomery-v-louisiana retroactivity |
Does the partial retroactivity formula for Hurst v. Florida violate the Eighth and Fourteenth Amendments? |
| 18-708 |
Robert L. Bertram, Jr., Bryan S. Wood, Robin G. Peavler, James W. Bottom, and Brian C. Walters v. United States |
Sixth Circuit |
2018-11-30 |
Denied |
Response Waived |
common-sense criminal-intent criminal-procedure due-process duty fraud insurance insurance-fraud materiality sixth-circuit |
Did the court unlawfully affirm convictions on a negligence theory? |
| 18-6873 |
Angela Armenta v. United States |
Seventh Circuit |
2018-11-29 |
Denied |
Response WaivedIFP |
5th-amendment-6th-amendment burden-of-proof constitutional-rights criminal-procedure due-process evidence fifth-amendment jury reasonable-doubt sentencing sixth-amendment |
Is the absence of evidence probative evidence of proof beyond a reasonable doubt? |
| 18-6875 |
Kendall Thrift v. United States |
Ninth Circuit |
2018-11-29 |
Denied |
Response WaivedIFP |
affidavit circuit-conflict circuit-split criminal-procedure evidentiary-hearing false-statements franks-hearing franks-v-maryland magistrate-judge ninth-circuit omissions search-and-seizure substantial-showing warrant-challenge |
Whether the Court should grant certiorari because the Ninth Circuit's decision that defendant Kendall Thrift had not made a substantial preliminary sh… |
| 18-6876 |
Pierre Donte Joshlin v. Dwight Neven, Warden, et al. |
Ninth Circuit |
2018-11-29 |
Denied |
IFP |
constitutional-law criminal-procedure davis-v-ayala federal-habeas federal-review habeas-corpus harmless-error ninth-circuit supreme-court |
Whether the Ninth Circuit properly applied the federal habeas harmless error analysis in light of this Court's recent decision in Davis v. Ayala, 135 … |
| 18-6840 |
John H. Rosky v. Renee Baker, Warden, et al. |
Nevada |
2018-11-28 |
Denied |
IFP |
appellate-procedure constitutional-law criminal-procedure due-process economic-wipeout equal-protection fifth-amendment habeas-corpus property-rights standing takings-clause |
Whether the Takings Clause of the Fifth Amendment protects the petitioner's property rights against the government's actions that result in a complete… |
| 18-6841 |
Robert K. Stewart v. North Carolina |
North Carolina |
2018-11-28 |
Denied |
Response WaivedRelisted (2)IFP |
civil-rights criminal-procedure due-process grand-jury indictment true-bill |
Whether the name of the defendant, the date of the sentences, and the time and county where the alleged offense was committed are material facts of an… |
| 18-6851 |
Steven Gomez v. United States |
Fifth Circuit |
2018-11-28 |
Denied |
Response WaivedIFP |
advisory-sentencing appeal-waiver constitutional-error criminal-procedure due-process judicial-discretion plea-agreement plea-bargaining sentencing-guidelines |
Can an appeal waiver executed at the time of a defendant's plea waive the right to appeal constitutional error occurring at sentencing months after ex… |
| 18-6853 |
Noe Garcia-Lima v. United States |
Ninth Circuit |
2018-11-28 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure federal-rule-of-criminal-procedure-52(b) federal-rules-of-criminal-procedure molina-martinez molina-martinez-v-united-states plain-error-review sentencing-guidelines substantial-rights |
Whether an appellate court should presume that a district court's error in calculating the applicable Sentencing Guidelines range affected the defenda… |
| 18-6855 |
Antonio DeJesus Perez-Martinez v. United States |
Sixth Circuit |
2018-11-28 |
Denied |
Response WaivedIFP |
appellate-review constitutional-challenge constructive-amendment criminal-procedure due-process equal-protection indictment indictment-variance ineffective-assistance ineffective-assistance-of-counsel plea-bargaining proportionality sentencing sentencing-proportionality sentencing-reasonableness |
Whether appellate counsel was grossly ineffective by arguing a material variance instead of a constructive amendment |
| 18-6862 |
John Thomas v. United States |
Seventh Circuit |
2018-11-28 |
Denied |
Response WaivedIFP |
appellate-review constitutional-interpretation criminal-procedure johnson-standard johnson-v-united-states plain-error standard-of-review time-of-appeal time-of-law unsettled-law |
When the governing law is unsettled at the time of trial but settled-in defendant's favor by the time of appeals, should an appellate court reviewing … |
| 18-6867 |
Alberto Jorge Silva-Ibarra v. United States |
Fifth Circuit |
2018-11-28 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 18-6871 |
Archie Cabello v. United States District Court for the District of Oregon |
Ninth Circuit |
2018-11-28 |
Denied |
Response WaivedIFP |
case-law criminal-procedure due-process judicial-discretion right-to-counsel rule-11 self-representation |
Does a trial judge have a duty to protect a defendant's right to counsel of choice? |
| 18-6789 |
Delroy McLean v. United States |
Eleventh Circuit |
2018-11-27 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
18-usc-115 brady-violation constitutional-challenge criminal-procedure due-process federal-judiciary government-official immigration-judge judicial-officer protected-person statutory-interpretation vagueness |
Whether an immigration judge is a protected person under 18 U.S.C.S. § 115(a)(1)(B) |
| 18-6803 |
Anthony McNeil v. Mr. Grim, et al. |
Third Circuit |
2018-11-27 |
Denied |
IFP |
civil-procedure-rules-12-b-6-motion-to-dismiss civil-rights due-process equal-protection first-amendment-free-speech standing arrest-warrant civil-rights criminal-procedure due-process speedy-trial statute-of-limitations |
Whether the Sixth Amendment right to a speedy trial applies to the period between the filing of a criminal complaint and the issuance of an arrest war… |
| 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… |
| 18-6828 |
Gregg Thomas v. Maryland |
Maryland |
2018-11-27 |
Denied |
Response WaivedIFP |
appellate-review constitutional-law constitutional-rights criminal-procedure effective-assistance-of-counsel sixth-amendment sufficiency-of-evidence trial-counsel |
Was the evidence sufficient to sustain Petitioner's convictions, and was Petitioner denied his Sixth Amendment Right under the United States Constitut… |
| 18-6832 |
Keddron Rakee West v. Georgia |
Georgia |
2018-11-27 |
Denied |
Response WaivedIFP |
constitutional-law criminal-defense criminal-procedure due-process indictment mens-rea mistake-of-fact statutory-interpretation statutory-rape |
Is due process violated by not allowing Petitioner to rely upon the statutory enacted mistake of fact defense as his sole defense to an indictment for… |
| 18-6833 |
Jose Ramon Zuniga, aka Josue Ararel Zuniga-Zaragoza, aka Jose Ramon Zuniga-Garcia v. United States |
Fifth Circuit |
2018-11-27 |
Denied |
Response WaivedIFP |
criminal-procedure discretion due-process federal-jurisdiction judicial-discretion offense-level residual-clause sentencing sentencing-guidelines sentencing-standards statutory-interpretation |
Whether a Guideline which incorporates by reference § 16(b)'s residual clause may serve as the basis for increasing the defendant's offense level unde… |
| 18-6836 |
Carlos Dagoberto Rivas v. Sherman Spearman, Warden |
Ninth Circuit |
2018-11-27 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process fifth-amendment interrogation interrogation-waiver miranda miranda-rights self-incrimination waiver |
Does the State meet its burdens of showing that it clearly informed a criminal defendant of his Miranda rights and that a defendant validly waived the… |
| 18-6842 |
Matthew Davis, aka Sealed Defendant 1, aka Matt v. United States |
Second Circuit |
2018-11-27 |
Denied |
Response WaivedIFP |
3500-material brady-v-maryland brady-violation criminal-procedure due-process exculpatory-evidence government-misconduct newly-discovered-evidence sentencing witness-testimony |
Whether the Government failed to properly discharge its obligations under Brady v. Maryland |
| 18-6844 |
Christopher John Kerr v. Wisconsin |
Wisconsin |
2018-11-27 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure evidence-suppression exclusionary-rule judicial-misconduct judicial-oversight search-and-seizure standing void-warrant warrant-validity |
Should a void ab initio warrant issued by a judge be treated as if it never existed and, consequently, should evidence obtained pursuant thereto not b… |
| 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… |
| 18-697 |
Tony Von Carruthers v. Tony Mays, Warden |
Sixth Circuit |
2018-11-27 |
Denied |
|
argersinger-v-hamlin capital-case capital-punishment criminal-defendant criminal-procedure due-process faretta-v-california pro-se-representation right-to-counsel sixth-amendment waiver |
Does depriving a criminal defendant of trial counsel against his will, without at least the warnings and voluntary waiver required by Faretta, violate… |
| 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… |
| 18-6805 |
Jose Rodriguez v. Daniel Paramo, Warden |
Ninth Circuit |
2018-11-26 |
Denied |
IFP |
abuse-of-discretion constitutional-rights criminal-procedure due-process federal-question first-degree-murder ineffective-assistance ineffective-assistance-of-counsel insufficient-evidence jury-instructions penal-code-187a principal reasonable-doubt |
Whether the petitioner's conviction for first-degree murder lacked sufficient evidence to support the verdict |
| 18-6806 |
Eliana Sarmiento v. United States |
Second Circuit |
2018-11-26 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure criminal-procedure-speedy-trial-act dismissal harmless-error indictment-dismissal judicial-discretion prejudice speedy-trial-act statute-interpretation statutory-interpretation |
Whether a district court's denial of a motion to dismiss an indictment for a violation of the Speedy Trial Act's 70 day time limit for bringing a defe… |
| 18-6807 |
Larry M. Slusser v. United States |
Sixth Circuit |
2018-11-26 |
Denied |
IFP |
circuit-split collateral-attack criminal-procedure due-process plea-agreement sentencing statutory-maximum waiver-of-rights |
Whether a defendant's waiver of the right to collateral attack in a plea agreement bars a claim that the sentence exceeds the statutory maximum for th… |
| 18-6808 |
Harlem Suarez v. United States |
Eleventh Circuit |
2018-11-26 |
Denied |
Response WaivedIFP |
commerce-clause commerce-clause-power criminal-procedure eighth-amendment first-time-offender hobbs-act interstate-commerce proportionality taylor-v-united-states united-states-v-lopez weapon-of-mass-destruction weapons-of-mass-destruction |
Whether the federal offense of attempted use of a weapon of mass destruction, 18 U.S.C. § 2332a, only requires a de minimis effect on interstate comme… |
| 18-6810 |
Timothy Hickman-Smith v. United States |
Eighth Circuit |
2018-11-26 |
Denied |
Response WaivedIFP |
colorado-v-bertine criminal-procedure due-process fourth-amendment fourth-amendment-violation ineffective-assistance ineffective-assistance-of-counsel inventory-search search-and-seizure south-dakota-v-opperman vehicle-search |
Did inventory search violate this Court's decisions in South Dakota v. Opperman and Colorado v. Bertine, as well as the Fourth Amendment to the Consti… |
| 18-6811 |
Damaso Rivera Fonseca v. United States |
Eleventh Circuit |
2018-11-26 |
Denied |
Response WaivedIFP |
criminal-procedure custody due-process interrogation interrogation-limits miranda-rights rhode-island-v-innis right-to-counsel spontaneous-statement voluntariness |
Whether a spontaneous statement made by a suspect after invoking his right to counsel and seeing his girlfriend being transported to jail is voluntary… |
| 18-6816 |
Vicente Garcia v. United States |
Seventh Circuit |
2018-11-26 |
Denied |
Response WaivedIFP |
aggravated-battery constitutional-rights criminal-conviction criminal-procedure criminal-procedure-ineffective-assistance-of-couns ineffective-assistance ineffective-assistance-of-counsel johnson-precedent johnson-v-united-states sentencing-guidelines sixth-amendment |
Whether the Seventh Circuit Court of Appeals erred in its holding that Garcia had failed to show a denial of his constitutional Sixth Amendment rights |
| 18-6817 |
Michael Albert Focia v. United States |
Eleventh Circuit |
2018-11-26 |
Denied |
Response WaivedIFP |
criminal-procedure due-process judge-vs-jury judicial-fact-finding jury-instructions jury-trial obstruction-of-justice pro-se sentence-enhancement sentencing separation-of-powers sixth-amendment |
Whether the court's instructions to the jury violated the Separation of Powers doctrine |
| 18-6821 |
Michael Brandon Kelley v. Alabama |
Alabama |
2018-11-26 |
Denied |
Response WaivedIFP |
alabama-law capital-murder constitutional-rights criminal-procedure double-jeopardy due-process judicial-review sexual-abuse state-law |
Did the state court's failure to apply state-law double-jeopardy protections in Petitioner Kelley's case result in a violation of Kelley's constitutio… |
| 18-6822 |
Mark Anthony Brown v. United States |
Sixth Circuit |
2018-11-26 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
criminal-procedure due-process federal-statute lesser-included-offense notice-requirement prosecutorial-discretion sentencing sentencing-enhancement statutory-interpretation |
Does § 851 allow the United States to be excused from the notice requirement when it receives an unexpected and disfavorable result after trial? |
| 18-6824 |
Martavious Detrel Banks Keys v. United States |
Fifth Circuit |
2018-11-26 |
Denied |
Response WaivedIFP |
349 U.S. 81 (1955) on double-jeopardy bell-v-united-states congressional-intent criminal-procedure double-jeopardy fifth-amendment law-enforcement mens-rea multiple-punishments single-statute testimony |
Whether the Fifth Circuit violated this Court's holding in Bell v. United States, 349 U.S. 81 (1955), that there must be a showing of congressional in… |
| 18-6829 |
Jimmy Walter Fuentes v. United States |
Fifth Circuit |
2018-11-26 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure judicial-discretion plain-error remand sentencing statutory-interpretation statutory-maximum substantial-rights |
Whether a court of appeals that finds a plain error in the district court's selection of a statutory maximum should ordinarily order a limited remand … |
| 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… |
| 18-6787 |
In Re William M. Bailey |
|
2018-11-23 |
Denied |
Response WaivedIFP |
criminal-procedure defense-preparation due-process formal-charges jurisdiction right-to-defense subject-matter void-judgment |
Was the circuit court deprived of jurisdiction over the subject matter, thereby rendering the judgment void, by failing to formally charge the petitio… |
| 18-6788 |
Rhett Bean v. Israel Hamilton, Warden |
Fourth Circuit |
2018-11-23 |
Denied |
IFP |
civil-rights criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel miscarriage-of-justice presumption-of-innocence |
Whether wrongly excluded evidence may be used to rebut the presumption of guilt for a criminal conviction under Schlup v. Delo, 513 U.S. 298, 113 S.Ct… |
| 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 |
| 18-6793 |
Derrick Lamont Booth v. Wendy Kelley, Director, Arkansas Department of Correction |
Eighth Circuit |
2018-11-23 |
Denied |
Response WaivedRelisted (2)IFP |
6th-amendment criminal-procedure due-process expert-testimony fire-investigation ineffective-assistance-of-counsel nfpa-921 sixth-amendment standard-of-review standard-protocols trial-strategy |
Whether the state court violated Mr. Booth's 6th Amendment rights |
| 18-6797 |
Stephanie Irene Greene v. South Carolina |
South Carolina |
2018-11-23 |
Denied |
Response WaivedIFP |
but no text was provided for me to analyze. Witho I cannot generate a question presented or identif please provide the full text of the petition. conviction criminal-procedure due-process jury-instructions mens-rea scientific-evidence standard-of-review |
Did the South Carolina Supreme Court apply the proper standard of review under Jackson v. Virginia when they affirmed the conviction of Stephanie Iren… |
| 18-680 |
Erica Huss, Warden v. Loren Robinson |
Sixth Circuit |
2018-11-23 |
Denied |
|
criminal-procedure due-process federal-law habeas habeas-corpus jury-right parole-eligibility sentencing sixth-amendment |
Whether the Sixth Amendment jury right applies to parole-eligibility dates |
| 18-669 |
Shane M. Gates v. Walter Reed, et al. |
Fifth Circuit |
2018-11-21 |
Denied |
Response Waived |
civil-rights conflict-of-interest criminal-procedure criminal-prosecution due-process hobbs-act insurance-interference malicious-prosecution prosecutorial-misconduct substantive-due-process |
Whether a District Attorney violated the Hobbs Act and denied due process by prosecuting a misdemeanor case at the behest of a liability insurer |
| 18-6746 |
Joseph Haymore, et al. v. United States |
Ninth Circuit |
2018-11-21 |
Denied |
Response WaivedIFP |
appeals appellate-review circuit-split criminal-procedure federal-rules-of-criminal-procedure judicial-precedent severance severance-motion waiver waiver-rule |
Whether failure to renew a severance motion at the close of evidence waives the issue, such that it precludes appellate review |
| 18-6747 |
Gibran Richardo Figueroa-Beltran v. United States |
Ninth Circuit |
2018-11-21 |
Denied |
Amici (1)Response RequestedResponse WaivedRelisted (2)IFP |
civil-rights criminal-procedure divisibility-analysis divisibility-inquiry due-process federal-courts federal-divisibility-doctrine federalism mathis-doctrine mathis-v-united-states sentencing sentencing-guidelines state-court-certification state-courts state-statutes three-part-test |
When applying the federal divisibility doctrine to state statutes, may federal courts terminate the three-part test set forth in Mathis v. United Stat… |
| 18-6770 |
David Nino-Flores v. United States |
Fifth Circuit |
2018-11-21 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights due-process indictment jury-determination jury-trial prior-conviction sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 18-6772 |
Donovan Grant v. United States |
First Circuit |
2018-11-21 |
Denied |
IFP |
appeals appeals-court appellate-review conviction criminal-conviction criminal-procedure due-process financial-transaction guilty-plea money-laundering plain-error plain-error-doctrine specified-unlawful-activity trial-court |
Whether the plain-error doctrine permits an appeals court to affirm a conviction based on a potential crime that it identifies in the record that was … |
| 18-6775 |
Edward Joseph Kehoe v. United States |
Fourth Circuit |
2018-11-21 |
Denied |
Response WaivedIFP |
4th-amendment criminal-procedure fourth-amendment harmless-error impartial-judge judicial-error racial-bias racial-discrimination reasonable-suspicion search-and-seizure structural-error warrantless-search |
Whether the clearly improper use of a person's race by a judge to support a finding of reasonable suspicion justifying a warrantless search and seizur… |
| 18-6784 |
In Re Samuel Rivera |
|
2018-11-21 |
Denied |
Relisted (2)IFP |
civil-rights constitutional-amendments constitutional-violation criminal-procedure due-process eighth-amendment federal-jurisdiction fifth-amendment habeas-corpus jurisdictional-rules standing |
whether-court-judges-uphold-constitution |
| 18-6785 |
Christopher Scott v. Illinois |
Illinois |
2018-11-21 |
Denied |
IFP |
constitutional-law criminal-procedure double-jeopardy due-process equal-protection habeas-corpus statutory-interpretation |
Whether the Double Jeopardy Clause prohibits multiple convictions and punishments for the same criminal conduct under the Blockburger test |
| 18-650 |
Miguel Cabrera-Rangel v. United States |
Fifth Circuit |
2018-11-20 |
Denied |
Amici (5)Response Waived |
acquittal-impact acquitted-conduct criminal-procedure criminal-sentencing double-jeopardy due-process judicial-discretion jury-trial sentencing sixth-amendment |
Whether the Sixth Amendment right to jury trial prohibits a federal court from basing a criminal defendant's sentence on a charge for which the jury a… |
| 18-6744 |
Wesley Wayne Schaefer v. Lorie Davis, Director, Texas Department of Criminal Justice, Criminal Institutions Division |
Fifth Circuit |
2018-11-20 |
Denied |
IFP |
consequences criminal-procedure de-novo-review double-jeopardy double-jeopardy,lesser-included-offense,state-law, due-process due-process,criminal-procedure,plea-bargaining,eff due-process,equal-protection,fourteenth-amendment, due-process,grand-jury,fifth-amendment,fourteenth- effective-assistance-of-counsel,plea-bargaining,du federal-courts,state-courts,de-novo-review,mixed-q grand-jury guilty-plea ineffective-assistance jury-unanimity plea-bargaining silent-record sixth-amendment,jury-trial,unanimous-verdict,due-p |
Whether a Court may assume, from a silent record, the defendant was sufficiently made aware of the consequences of his guilty plea? |
| 18-6749 |
James Barnes v. Julie L. Jones, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2018-11-20 |
Denied |
IFP |
constitutional-violation criminal-procedure faretta-right faretta-v-california mitigation mitigation-investigation presentencing-investigation pro-se-defendant sixth-amendment special-counsel |
Whether Florida's use of 'special counsel' to investigate and present mitigation and its requirement of a presentencing investigation report to provid… |
| 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… |
| 18-6752 |
David McGuire v. Ohio |
Ohio |
2018-11-20 |
Denied |
IFP |
brady-violation brady-violations criminal-procedure discovery-violation discovery-violations due-process evidence-disclosure fair-trial fourteenth-amendment police-misconduct remedies |
When a discovery violation is discovered mid-trial, does a remedy that fails to order the disclosure of the withheld evidence violate the Due Process … |
| 18-6754 |
Domonic McCarns v. United States |
Ninth Circuit |
2018-11-20 |
Denied |
Response WaivedIFP |
constructive-amendment criminal-procedure harmless-error indictment plain-error-review speedy-trial-act statutory-interpretation |
Whether Cryptic Letter, Number Codes are Sufficient to Satisfy the Speedy Trial Act Requirement that Reasons Justifying Delay of a Criminal Trial Must… |
| 18-6760 |
David Junior Upshaw v. United States |
Eleventh Circuit |
2018-11-20 |
Denied |
Response WaivedIFP |
acca-sentencing armed-career-criminal-act collateral-review criminal-procedure mandatory-guidelines post-sentencing-law pre-booker-mandatory-guidelines residual-clause retroactivity sentencing-guidelines vagueness void-for-vagueness |
Whether a defendant can prove his ACCA-enhanced sentence was based on the residual clause through a process of elimination and rely on post-sentencing… |
| 18-6762 |
Edward Louis Thomas v. Texas |
Texas |
2018-11-20 |
Denied |
IFP |
criminal-procedure cumulative-error due-process habeas-corpus harrington-v-richter hinton-v-alabama ineffective-assistance-counsel ineffective-assistance-of-counsel prejudice standard-of-review strickland-standard strickland-v-washington |
Whether the Texas Court of Criminal Appeals applied the wrong standard of review in analyzing the claims of deficient performance and prejudice by tri… |
| 18-6763 |
Luis Antonio Bonilla, Jr. v. United States |
Fourth Circuit |
2018-11-20 |
Denied |
Response WaivedIFP |
appeal-waiver appeal-waivers brady-standard brady-v-united-states circuit-split criminal-procedure judicial-discretion miscarriage-of-justice plea-agreement plea-agreements sentencing sentencing-guidelines sentencing-uniformity |
What standards should govern the enforcement of appeal waivers in plea agreements? |
| 18-6764 |
Kenneth Ray Borders v. United States |
Eighth Circuit |
2018-11-20 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-defendant criminal-procedure ineffective-assistance ineffective-assistance-of-counsel interlocutory-appeal presumption-of-prejudice roe-v-flores-ortega sixth-amendment trial-counsel |
Does the 'presumption of prejudice' recognized in Roe v. Flores-Ortega, 528 U.S. 470 (2000), apply where a criminal defendant instructs his trial coun… |
| 18-6722 |
Craig Porter v. Texas |
Texas |
2018-11-19 |
Denied |
IFP |
appellate-review constitutional-law criminal-procedure due-process jurisdiction speedy-trial statutory-interpretation |
Whether the lower court erred in affirming the applicant's conviction based on the prosecution's arguments with regards to the applicant's right to a … |
| 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? |
| 18-6728 |
Francisco R. Quintana v. Colorado |
Colorado |
2018-11-19 |
Denied |
IFP |
constitutional-claims criminal-procedure defense-evidence due-process evidence exclusion-of-evidence fourteenth-amendment materiality-requirement right-to-present-defense sixth-amendment |
What showing must a defendant make to establish that the erroneous exclusion of defense evidence at trial violated the defendant's Sixth and Fourteent… |
| 18-6729 |
Jesus Santiago v. United States |
Second Circuit |
2018-11-19 |
Denied |
Response WaivedIFP |
appellate-review circuit-court-review civil-procedure criminal-procedure district-court due-process guidelines-calculation guidelines-range judicial-discretion sentencing-determination sentencing-guidelines upward-variance |
Whether a circuit court can competently conclude that the Sentencing Guidelines were immaterial to a district court's sentencing determination |
| 18-6737 |
Jose Lopez-Castillo v. United States |
Ninth Circuit |
2018-11-19 |
Denied |
Response WaivedIFP |
booker booker-decision constitutional-law criminal-law criminal-procedure federal-sentencing federal-sentencing-guidelines judicial-discretion mandatory-minimum mandatory-minimums sentencing sentencing-guidelines statutory-interpretation supreme-court-precedent title-21 |
Whether the mandatory-sentencing regime of Title 21 has been abrogated by United States v. Booker and its progeny |
| 18-642 |
Morris E. Zukerman v. United States |
Second Circuit |
2018-11-19 |
Denied |
Amici (1)Relisted (2) |
18-usc-3742 appellate-review criminal-procedure criminal-sentencing district-court-discretion sentencing-explanation sentencing-guidelines sentencing-procedure sentencing-reasonableness sentencing-variance shocks-the-conscience substantive-reasonableness substantive-unreasonableness |
Whether a court of appeals that finds that a district court has failed adequately to explain a sentence can simply request further elaboration without… |
| 18-6696 |
Octavio Torres Ortega v. Pam Bondi, Attorney General of Florida |
Eleventh Circuit |
2018-11-16 |
Denied |
IFP |
appeal criminal-procedure due-process evidence-suppression ineffective-assistance ineffective-assistance-of-counsel judgment-of-acquittal motion-to-suppress public-defender speedy-trial trial-counsel witness-credibility |
did-the-trial-court-err-in-denying-a-judgment-of-acquittal |
| 18-6716 |
Jerry Walker, aka Jerry Richmond v. United States |
Seventh Circuit |
2018-11-16 |
Denied |
IFP |
appeal appellate-procedure appellate-review circuit-court conviction conviction-reversal conviction-vacatur criminal-procedure double-jeopardy due-process judicial-review jurisdiction legal-preclusion sentencing superseding-indictment |
Whether the Seventh Circuit erred in vacating the Petitioner's conviction and sentence pursuant to Count One of his Superseding Indictment |
| 18-6720 |
Joseph Witchard v. Bryan M. Antonelli, Warden |
Fourth Circuit |
2018-11-16 |
Denied |
Response WaivedIFP |
civil-rights civil-rights-violations criminal-procedure due-process false-charges judicial-notice prosecutorial-misconduct standing |
Does the prosecutor's egregious misconduct of filing false court documents unlawfully cause petitioner's unlawful prosecution and conviction? |
| 18-6721 |
Gavin Cullens v. Cindi Curtin, Warden |
Sixth Circuit |
2018-11-16 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel jury-instructions self-defense trial-counsel |
Did the trial court err when it gave out self-defense instruction for complainants who were not accused of any crimes to warrant a defense? Alternativ… |
| 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… |
| 18-6726 |
Billy Brantley v. Indiana |
Indiana |
2018-11-16 |
Denied |
Response WaivedIFP |
14th-amendment burden-of-proof charged-offense constitutional-law criminal-procedure due-process evidence fourteenth-amendment jury jury-instructions reasonable-doubt |
Where the State must present 'some' evidence of a particular fact before a jury may find a defendant guilty of a charged offense, does the Due Process… |
| 18-6685 |
Bruce Merryman v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2018-11-15 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure due-process habeas-corpus miscarriage-of-justice right-to-be-present standing statute-of-limitations trial-in-absentia trial-rights |
Whether an individual can overcome the one-year statute of limitations under the Antiterrorism and Effective Death Penalty Act of 1996 by showing he w… |
| 18-6713 |
Donald Anthony Grant v. Mike Carpenter, Interim Warden |
Tenth Circuit |
2018-11-15 |
Denied |
IFP |
8th-amendment constitutional-rights criminal-procedure death-penalty eddings-precedent eddings-v-oklahoma eighth-amendment lockett-rule lockett-v-ohio mental-health mental-health-evidence mitigating-evidence moral-culpability |
Whether the Eighth Amendment requires a sentencer to consider mitigating evidence of a capital defendant's mental health and background when determini… |
| 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… |
| 18-6691 |
Delilah McCurtis v. Maggie Burke, Warden |
Seventh Circuit |
2018-11-14 |
Denied |
Response WaivedIFP |
criminal-procedure due-process evidence fair-trial ineffective-assistance ineffective-assistance-of-counsel jury-instructions prior-consistent-statements prior-inconsistent-statements witness-testimony |
Where petitioner was denied a fair trial due to the introduction of prior inconsistent statements |
| 18-6693 |
Victor M. Mangual-Rosado v. United States |
First Circuit |
2018-11-14 |
Denied |
Response WaivedIFP |
appellate-review circuit-split conclusions-of-law criminal-procedure criminal-sentencing district-court findings-of-fact opportunity-to-object procedural-error role-behavior role-in-crime sentencing sentencing-guidelines substantive-error |
whether-the-district-court-erred-in-sentencing |
| 18-6697 |
Kevin Marquette Bellinger v. United States |
Fourth Circuit |
2018-11-14 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure due-process evidence federal-jurisdiction jury jury-instructions malice-aforethought mens-rea murder murder-conviction statutory-interpretation sufficiency-of-evidence |
Whether there was sufficient evidence presented to the jury in Bellinger's case to convict Bellinger of murder as alleged in Counts One and Two, where… |
| 18-6699 |
James Tyrell Drane v. Michigan |
Michigan |
2018-11-14 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process effective-assistance-of-counsel habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargaining plea-withdrawal sixth-amendment |
Whether petitioner has a due process right to plea withdrawal because his plea was unknowing and involuntary, and entered in violation of his Sixth Am… |
| 18-6701 |
Roger Dale Epperson v. Kentucky |
Kentucky |
2018-11-14 |
Denied |
IFP |
client-autonomy closing-argument concession-of-guilt criminal-procedure defense-strategy ineffective-assistance ineffective-assistance-of-counsel mccoy-v-louisiana right-to-control-defense right-to-counsel sixth-amendment |
Is a defendant's Sixth Amendment right to counsel, and the right to control the objective of the defense, violated, under the Court's recent decision … |
| 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 |
| 18-6704 |
Aaron Jonathon Zemke v. Michigan |
Michigan |
2018-11-14 |
Denied |
IFP |
abuse-of-discretion bias criminal-procedure ineffective-assistance judicial-bias judicial-discretion motion-to-withdraw plea-bargain plea-bargaining plea-withdrawal prejudice prosecutorial-bias prosecutorial-misconduct sixth-amendment trial-court-discretion |
Whether Mr. Zemke received ineffective assistance of counsel under the Sixth Amendment |
| 18-6651 |
Antonio Cobb v. Florida |
Florida |
2018-11-13 |
Denied |
IFP |
criminal-defense criminal-procedure due-process evidence evidence-admission fourteenth-amendment fundamental-fairness right-to-fair-trial statement-against-interest trial-procedure |
Whether the trial judge denied the petitioner a trial in accord with fundamental standards of due process under the Fourteenth Amendment by preventing… |
| 18-6654 |
In Re Gary Ray Debolt |
|
2018-11-13 |
Denied |
Relisted (2)IFP |
brady-v-maryland civil-rights conviction criminal-procedure due-process evidence fifth-amendment ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct |
Is it in violation of the fifth Amendment and Brady v. Maryland to convict a person with the use of false and manipulated evidence? |
| 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 |
| 18-6659 |
James Rodwell v. Massachusetts |
Massachusetts |
2018-11-13 |
Denied |
Response WaivedRelisted (2)IFP |
agency-relationship criminal-informant criminal-procedure government-agent implicit-agreement jailhouse-informant massiah massiah-doctrine sentencing-benefits sixth-amendment |
Whether an in-custody criminal informant who has repeatedly benefited monetarily and received lesser sentences from previous cooperation with the gove… |
| 18-6663 |
Esau Escobar v. Illinois |
Illinois |
2018-11-13 |
Denied |
IFP |
appellate-review civil-rights criminal-procedure double-jeopardy due-process jury-instructions murder murder-conviction prior-acts provocation provocation-defense self-defense substantial-evidence |
Whether the Appellate Court erred in rejecting the Petitioner's claim of provocation instruction due to the Petitioner's testimony that he acted out o… |
| 18-6667 |
Khaled Elbeblawy v. United States |
Eleventh Circuit |
2018-11-13 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
confession criminal-procedure federal-rules-of-evidence impeachment impeachment-use-waiver medicare-fraud plea-agreement plea-bargaining rule-11 substantive-evidence united-states-v-mezzanatto |
Does the impeachment-use waiver doctrine established by the Court in United States v. Mezzanatto, 513 U.S. 196, permit the government to introduce in … |
| 18-6670 |
Richard Allen Barker v. California |
California |
2018-11-13 |
Denied |
IFP |
accomplice-liability constitutional-law constitutional-proportionate-punishment criminal-procedure eighth-amendment enmund-v-florida in-re-butler in-re-rodriguez individual-culpability proportionate-punishment |
Whether forcing the petitioner to serve an excessive punishment of 45 years incarceration for his individual culpability as an accomplice, when the ac… |
| 18-6671 |
Jimmy David Malone v. United States |
Sixth Circuit |
2018-11-13 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
acca constitutional-interpretation criminal-law criminal-procedure due-process federal-court federalism generic-conviction state-courts state-statute statutory-interpretation |
Whether the Constitution permits a federal court to conclude that a prior conviction is 'generic' for ACCA purposes based on an independent interpreta… |
| 18-6675 |
In Re Ryan Lee Zater |
|
2018-11-13 |
Denied |
IFP |
categorical-approach circuit-split crime-of-violence criminal-procedure criminal-procedure-habeas-corpus habeas-corpus residual-clause section-2244 section-924c sentencing supervisory-powers vagueness |
Whether the Fourth Circuit's denial of Zater's §2244 application, which would have been granted in other circuits under divergent gatekeeping protocol… |
| 18-6676 |
Herve Wilmore, Jr. v. United States |
Eleventh Circuit |
2018-11-13 |
Denied |
Response WaivedRelisted (2)IFP |
constructive-amendment criminal-procedure due-process effective-assistance-of-counsel fifth-amendment grand-jury indictment wire-fraud |
Whether Mr. Wilmore's right to be tried on charges accepted by a grand jury, and Mr. Wilmore's right to effective assistance of counsel, were violated… |
| 18-6678 |
Jermeal White v. Charmaine Bracy, Warden, et al. |
Sixth Circuit |
2018-11-13 |
Denied |
Response WaivedIFP |
appellate-procedure certificate-of-appealability civil-rights constitutional-rights criminal-procedure due-process evidence federal-courts habeas-corpus standing |
Whether the United States Court of Appeals for the Sixth Circuit erred in denying petitioner's Certificate of Appealability under the law |
| 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… |
| 18-616 |
Roger Nepal v. United States |
Fifth Circuit |
2018-11-13 |
Denied |
Response Waived |
criminal-law criminal-procedure de-novo-review direct-appeal Griffith-v-Kentucky plain-error retroactivity standard-of-review substantive-law |
Where the Supreme Court has changed the substantive law governing a criminal case that is on direct appeal, must Griffith v. Kentucky be applied to th… |
| 18-609 |
Joseph David Robertson v. United States |
Ninth Circuit |
2018-11-09 |
GVR |
Amici (6) |
appellate-review clean-water-act criminal-procedure motion-for-acquittal navigable-waters rapanos-v-united-states sackett-v-epa united-states-army-corps-of-engineers-v-hawkes-co void-for-vagueness |
Whether the Clean Water Act term 'navigable waters' is void for vagueness |
| 18-614 |
In Re George Houston |
|
2018-11-09 |
Denied |
|
alleyne-v-united-states apprendi-v-new-jersey collateral-review conspiracy conspiracy-liability criminal-law criminal-procedure drug-quantity jurisdictional-error mandatory-minimum retroactivity sentencing sentencing-enhancement |
Whether the individualized drug quantity or the amount of drugs attributable to the conspiracy as a whole can trigger the mandatory minimum sentence f… |
| 18-6623 |
Carlos Cosme v. United States |
Ninth Circuit |
2018-11-09 |
Denied |
Response WaivedIFP |
28-usc-2255 criminal-procedure criminal-procedure-plea-bargaining effective-assistance-of-counsel evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel motion-to-withdraw plea-agreement plea-bargaining sixth-amendment standard-of-review |
Did the District Court Commit Error in Applying the Standard of review for Motions to Withdraw a Plea Agreement as to an Issue of a Question of the Ef… |
| 18-6653 |
Rolando Calderin v. Illinois |
Illinois |
2018-11-09 |
Denied |
Response WaivedIFP |
appellate-court-error appellate-review constitutional-rights constitutional-violation criminal-procedure due-process inculpatory-statements miranda-rights right-to-counsel self-incrimination suppression-of-evidence trial-court-error |
Whether Illinois Trial Court and Appellate Court erred when it failed to suppress Petitioner's inculpatory statements that were obtained after petitio… |
| 18-6674 |
Octavious Lamar Rhymes v. Texas |
Texas |
2018-11-09 |
Denied |
IFP |
criminal-procedure criminal-prosecution double-jeopardy due-process judicial-vindictiveness jurisdiction prosecutorial-vindictiveness same-criminal-episode venue-transfer |
Where Rhymes' due process rights violated by prosecutorial and judicial vindictiveness |
| 18-6610 |
Mark Johnson v. Illinois |
Illinois |
2018-11-08 |
Denied |
Response WaivedIFP |
actual-innocence actual-perpetrator coerced-confession constitutional-rights criminal-procedure due-process exclusion-of-evidence fair-trial ineffective-assistance-of-counsel newly-discovered-evidence post-conviction-relief prosecutorial-misconduct selective-prosecution successive-petition |
Whether the petitioner should be allowed to present newly discovered evidence of actual innocence in a successive post-conviction petition, despite th… |
| 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… |
| 18-6618 |
Jessie Jesus Marquez v. United States |
Tenth Circuit |
2018-11-08 |
Denied |
Response WaivedIFP |
burden-of-proof circuit-split constitutional-burden constitutional-law criminal-procedure drug-case evidence-sufficiency expert-testimony federal-rules-of-evidence government-proof recorded-phone-call |
Are statements made during a recorded phone call, standing alone, sufficient to sustain the Government's constitutional burden of proof in a drug case… |
| 18-6619 |
Dominic C. Robinson v. Mississippi |
Mississippi |
2018-11-08 |
Denied |
Response WaivedIFP |
but the text you've provided appears to be incomp comprehensible text of a SCOTUS petition garbled I cannot extract a meaningful question presented I will respond with: 'Question not identified." or unreadable. Without a clear appeal civil-rights criminal-procedure due-process evidence exculpatory-evidence jury-instructions miranda-rights standing |
Whether jury instruction 5/4A was improper? |
| 18-6621 |
Aloeng Kelly Vang v. Tom Roy, Commissioner, Minnesota Department of Corrections |
Eighth Circuit |
2018-11-08 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure effective-assistance-of-counsel effective-counsel ineffective-assistance-of-counsel plea-bargaining prejudice-prong sixth-amendment state-law straight-plea straight-pleas trial-rights ultimate-authority |
Where offers of straight pleas to the district court is permitted under state law, does state criminal defendants receive their Sixth Amendment right … |
| 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 … |
| 18-6633 |
Keith Fremin v. Robert C. Tanner, Warden |
Fifth Circuit |
2018-11-08 |
Denied |
IFP |
castration civil-rights constitutional-rights criminal-procedure due-process good-time guilty-plea ineffective-assistance ineffective-assistance-of-counsel ineffective-counsel judicial-district plea-agreement plea-bargaining sentencing |
Whether the 22 Judicial District Court failed to uphold the plea agreement in exchange |
| 18-6635 |
Eddie Hampton v. California |
California |
2018-11-08 |
Denied |
IFP |
criminal-procedure criminal-procedure-error felony-murder first-degree-murder jury-instruction jury-instructions murder natural-and-probable-consequence natural-probable-consequence prejudice-standard premeditated-murder standard-of-prejudice |
Where she jury was erroneously instrycted on (a) Murder as a natural and presbable consequence per peopie vs chiu 39 cal 4th $35 172 cad Rotr 3d 438 3… |
| 18-6639 |
Stuart Dizak v. Brandon Smith, Superintendent, Mid-State Correctional Facility |
Second Circuit |
2018-11-08 |
Denied |
Response WaivedIFP |
actual-innocence conspiracy-charge criminal-procedure due-process ineffective-assistance-of-counsel jailhouse-informant judicial-misconduct jury-instructions jury-notes perjured-testimony perjury prosecutorial-misconduct |
Whether the state court failed to return the defendant to the courtroom upon receipt of two substantive jury notes, and whether the actual charge of c… |
| 18-6641 |
Antonio Fahie v. Neil McDowell, Warden |
Ninth Circuit |
2018-11-08 |
Denied |
IFP |
criminal-procedure due-process evidentiary-sufficiency ineffective-assistance-of-counsel plea-bargaining plea-withdrawal-motion prosecutorial-misconduct rape-charges right-to-counsel sentencing |
Why didn't the judge let the defendant take back their plea when counsel told the court the defendant never admitted to the rape charges? |
| 18-6646 |
John Edward Davis v. Florida |
Florida |
2018-11-08 |
Denied |
IFP |
autopsy-photographs coercion constitutional-procedure criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel involuntary-confession involuntary-statements juvenile-offender juvenile-offender-rights juvenile-rights motion-to-suppress right-to-testify self-incrimination |
Whether the Florida Court of Appeals unreasonably applied this Court's precedent |
| 18-6592 |
Andres Pavon v. Julie L. Jones, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2018-11-07 |
Denied |
IFP |
5th-amendment appeal appeals castro-v-united-states criminal-procedure due-process eleventh-circuit fifth-amendment habeas-corpus lee-v-us padilla-v-kentucky sentencing standing |
Were this Petitioner's Fifth Amendment rights according to the United States Constitution violated by the United States Court of Appeal for the Eleven… |
| 18-6593 |
Sigifredo Molina-Varela v. United States |
Tenth Circuit |
2018-11-07 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel motion-for-severance prejudice prejudicial-error right-to-counsel severance sixth-amendment |
Did the defense counsel's failure to file a motion for severance create a significant prejudice against the petitioner thereby constituting ineffectiv… |
| 18-6594 |
Willie Safford, Jr. v. Florida |
Florida |
2018-11-07 |
Denied |
IFP |
aggravated-battery civil-rights criminal-procedure due-process perjury polygraph polygraph-test post-conviction-relief witness-testimony |
Whether the defendant should be allowed to return to the lower tribunal to challenge the testimony of Rodney Hartmyer, Jerry Gay, and Robert Schran |
| 18-6565 |
Charles C. Gore v. Illinois |
Illinois |
2018-11-06 |
Denied |
Response WaivedIFP |
6th-amendment adversarial-proceedings constitutional-rights courtroom-closure criminal-procedure critical-stage-of-trial defendant-rights jury-deliberations public-accountability public-trial right-to-public-trial |
Whether the right to a public trial is violated when the trial court closes the courtroom while addressing questions posed by the jury during delibera… |
| 18-6566 |
Jara Meotta Ishon Flowers v. United States |
Fourth Circuit |
2018-11-06 |
Denied |
Amici (1)Response WaivedIFP |
bribery case-overturning civil-rights criminal-law criminal-procedure due-process extortion judicial-discretion judicial-review legal-precedent precedent racketeering stare-decisis statutory-interpretation supreme-court-precedent |
Should this Court overturn its prior decision in Evans? |
| 18-6576 |
Susan Kevra-Shiner v. United States |
Third Circuit |
2018-11-06 |
Denied |
Response WaivedIFP |
constructive-amendment criminal-procedure due-process fraud fraud-allegations indictment indictment-scope jury-instructions prosecutorial-misconduct verdict-slip |
Can a well written verdict slip cure the confusion created when the Government's Closing Argument and the Court's Jury Instructions constructively ame… |
| 18-6580 |
Wiliiam Scott Fitts v. Barry Goodrich, Warden, et al. |
Georgia |
2018-11-06 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fourteenth-amendment Fourteenth-Amendment-due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel normative-legal-issues plea-bargaining right-to-counsel right-to-effective-assistance-of-counsel sixth-amendment |
Whether the accused's constitutional rights were violated when forced to choose between the Sixth Amendment and Fourteenth Amendment in deciding wheth… |
| 18-6581 |
Larry Hailey v. United States |
Fourth Circuit |
2018-11-06 |
Denied |
Response WaivedIFP |
28-usc-2255 career-offender career-offender-enhancement crimes-of-violence criminal-law criminal-procedure fourth-circuit fourth-circuit-appeal prior-convictions section-2255-motion sentencing sentencing-guidelines virginia-prior-convictions |
Whether the Fourth Circuit Court of Appeals Erred in Denying Petitioner's Appeal from Denial of His Motion Under 28 U.S.C. § 2255 Wherein Petitioner's… |
| 18-6586 |
Bruce Wood v. Delaware |
Delaware |
2018-11-06 |
Denied |
Response WaivedIFP |
14th-amendment constitutional-law constitutional-rights criminal-procedure due-process evidence-standard federal-rules judicial-review new-evidence post-conviction post-conviction-relief privileges-and-immunities |
Does Delaware's Amended' Superior Court Criminal Rule 61 and/or Delaware State Courts' decisions violate Due Process Rights (14th Amendment) |
| 18-6589 |
Liddon Young v. United States |
Second Circuit |
2018-11-06 |
Denied |
Response WaivedIFP |
circuit-court criminal-law criminal-procedure false-statement false-statements materiality obstruction-of-justice sentencing sentencing-enhancement stipulation |
When a defendant admits to all the elements of an offense/enhancement, does a prevarication on details not effecting the question of guilt render the … |
| 18-6591 |
Leslie Chin v. United States |
Eleventh Circuit |
2018-11-06 |
Denied |
Response WaivedIFP |
burden-of-proof circuit-split criminal-procedure due-diligence due-process equal-protection federal-courts new-trial newly-discovered-evidence standard-of-review trial-procedure |
Whether the Equal Protections Clause is violated when there is a conflict amongst the federal circuit courts of appeal dealing with what a defendant i… |
| 18-596 |
Marie Neba v. United States |
Fifth Circuit |
2018-11-06 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
appellate-review criminal-procedure criminal-sentencing due-process federal-sentencing judicial-discretion judicial-review presumption-of-reasonableness proportionality rita-v-united-states sentencing-disparities sentencing-guidelines |
Should the Court overrule or refine Rita v. United States (2007) 551 U.S. 338, such that an irregular and disproportionate within-Guidelines sentence … |
| 18-6568 |
Harold Max Pompee v. Julie L. Jones, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2018-11-05 |
Denied |
IFP |
competence competency constitutional-rights criminal-procedure due-process evidentiary-hearing guilty-plea habeas-corpus ineffective-assistance-of-counsel right-to-competence |
Whether the Eleventh Circuit erred in holding that a state prisoner's ineffective-assistance-of-counsel claim alleging that counsel failed to raise hi… |
| 18-6570 |
Timothy J. Kaprelian v. Lizzie Tegels, Warden |
Seventh Circuit |
2018-11-05 |
Denied |
Response WaivedIFP |
criminal-defendant criminal-defendant-rights criminal-procedure due-process exculpatory-evidence habeas-corpus ineffective-assistance ineffective-assistance-of-counsel no-contest plea-agreement plea-bargaining |
Is a criminal defendant who pleads no contest entitled to exculpatory evidence that the state concealed and suppressed |
| 18-6540 |
Maha Z. Rayan v. Georgia |
Georgia |
2018-11-02 |
Denied |
Response WaivedRelisted (2)IFP |
arrest contempt contempt-order criminal-procedure due-process fourteenth-amendment fourth-amendment judicial-appointment municipal-court-jurisdiction municipal-courts probable-cause state-penal-law uniform-traffic-citation |
Whether the use of a municipal traffic citation as an initial accusation for a state penal law non-traffic offense is constitutional |
| 18-6545 |
Frankie Calanche Lopez v. California |
California |
2018-11-02 |
Denied |
IFP |
appeal criminal-intent criminal-law criminal-procedure due-process intent intent-element mens-rea opportunistic-crime robbery robbery-intent statutory-interpretation |
Whether the defendant's intent to commit robbery matters |
| 18-6553 |
Michael Founier Dixon, aka Michael Fournier Dixon v. Texas |
Texas |
2018-11-02 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel plea-bargaining right-to-counsel sentencing |
Was Agpli canl's guilty pleac) involuwtaay duce 40 counsels wet echve deficient Assistance jw Tetality duaing all Stages of the caiminel process ? |
| 18-6556 |
David McAlister, Sr. v. Wisconsin |
Wisconsin |
2018-11-02 |
Denied |
Response WaivedIFP |
circuit-court credibility credibility-of-witness criminal-procedure cumulative-evidence due-process exculpatory-evidence legal-standard newly-discovered-evidence reasonable-probability recantation state-witness witness-credibility |
Whether the circuit court erroneously violated petitioner's right to due process when it applied an incorrect legal standard to newly discovered evide… |
| 18-6557 |
Casey O'Dell v. United States |
Third Circuit |
2018-11-02 |
Denied |
Response WaivedIFP |
circuit-split criminal-procedure criminal-procedure-rule-11 due-process federal-rules-criminal-procedure plea-bargaining plea-colloquy structural-error united-states-v-gonzalez-lopez |
Whether the Fed.R.Crim.P. 11(b)(1)(N) rule was violated by the inadequacy of the change of plea colloquy? |
| 18-6560 |
Wendell Weaver v. Walter Nicholson, Warden |
Seventh Circuit |
2018-11-02 |
Denied |
Response WaivedIFP |
counsel-of-choice criminal-procedure disqualification eyewitness-testimony ineffective-assistance prosecutorial-misconduct reasonable-alternatives right-to-counsel strickland-standard strickland-v-washington trial-court wheat-v-united-states |
Does Wheat v. United States clearly establish that trial courts must consider reasonable alternatives before disqualifying a criminal defendant's coun… |
| 18-574 |
Joseph Rachal v. United States |
First Circuit |
2018-11-02 |
Denied |
Response Waived |
6th-amendment bifurcated-trial bifurcation criminal-procedure due-process evidence evidence-admissibility felon-in-possession felony-conviction firearm-possession jury-instructions jury-prejudice prejudice prejudicial-evidence |
Is it unduly prejudicial for a jury to be exposed to the toxic evidence that the defendant is a convicted felon before even determining whether the de… |
| 18-6510 |
Frank Pruitt v. New York |
New York |
2018-11-01 |
Denied |
IFP |
1st-amendment 6th-amendment courtroom-access criminal-procedure due-process judicial-discretion judicial-inquiry public-trial removal-from-trial right-to-attend-trial right-to-observe sixth-amendment |
Was the right to a Public trial, and the right of the Public to attend trial, abrogated when the trial judge failed to conduct careful inquiry 'before… |
| 18-6533 |
Anthony Lewallyn v. United States |
Eleventh Circuit |
2018-11-01 |
Denied |
IFP |
criminal-procedure criminal-registration-requirements due-process federal-criminal-law interstate-travel nichols-precedent nichols-v-united-states registration sex-offender sex-offender-registration sorna statutory-interpretation |
Can a sex offender be prosecuted for failing to register or update his registration in the district where he began his interstate travel but in which … |
| 18-6536 |
Lewis Waters v. Charles L. Lockett, Warden |
District of Columbia |
2018-11-01 |
Denied |
Response WaivedIFP |
appellate-jurisdiction constitutional-safeguard court-of-appeals criminal-procedure due-process fifth-amendment grand-jury habeas-corpus jurisdiction unindicted-crime |
Where the Fifth Amendment guarantees that no person shall be held to answer for a crime unless upon presentment of a Grand Jury's indictment, does the… |
| 18-6538 |
Steven Bernard Sydnor v. Kevin Hampton, Warden |
Sixth Circuit |
2018-11-01 |
Denied |
IFP |
14th-amendment 5th-amendment criminal-procedure custodial-interrogation due-process fair-trial jackson-v-virginia miranda-rights miranda-warning sufficiency-of-evidence |
Whether defendant's Constitution 5th and 14th Amendment rights were violated |
| 18-6546 |
Alexander Castellano-Benitez v. United States |
Eighth Circuit |
2018-11-01 |
Denied |
Response WaivedIFP |
brady-v-maryland criminal-procedure due-process eighth-circuit evidence exculpatory-evidence Judicial-Precedent precedent Procedural-Review prosecutorial-misconduct Writ-of-Certiorari |
Should a writ of certiorari be granted to determine if the Eight Circuit and the lower court erred in failing to follow this court's prior precedent i… |
| 18-6504 |
James D. Russian v. United States |
Tenth Circuit |
2018-10-31 |
Denied |
Response WaivedIFP |
criminal-defendant criminal-procedure federal-court habeas-corpus haines-v-kerner liberal-construction liberal-construction-rule pro-se pro-se-filings pro-se-pleadings right-to-counsel sixth-amendment substitution-of-counsel |
When a criminal defendant's pro se filings can be stated as a valid basis for substitution of counsel, must a federal court read those filings in such… |
| 18-6514 |
In Re Melvin T. Bell |
|
2018-10-31 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure district-court due-process habeas-corpus imprisonment jurisdiction liberty-deprivation standing territorial-jurisdiction |
Whether the petitioner is illegally deprived of his liberty |
| 18-6516 |
Linh Thi Minh Tran v. Happy Valley Municipal Court, Oregon |
Oregon |
2018-10-31 |
Denied |
IFP |
14th-amendment 8th-amendment constitutional-rights criminal-procedure due-process fair-trial judicial-error jurisdiction municipal-court sentencing zoning-violation |
Was the trial court's judgment unconstitutionally cruel and unusual? |
| 18-6518 |
Gregory Crum v. United States |
Fourth Circuit |
2018-10-31 |
Denied |
Response WaivedIFP |
abuse-of-discretion criminal-procedure district-court-discretion drug-crimes drug-offense drug-offenses foreign-origin leadership-enhancement methamphetamine relevant-conduct sentencing sentencing-guidelines standard-of-review |
Whether the district court abused its discretion in determining relevant conduct |
| 18-6519 |
Mariano Alvarez v. United States |
Fifth Circuit |
2018-10-31 |
Denied |
Response WaivedIFP |
certificate-of-appealability criminal-procedure ineffective-assistance ineffective-assistance-of-counsel judicial-discretion life-sentence mistrial plea-bargaining plea-negotiation recusal sentencing-guidelines |
Can doubts in granting a Certificate of Appealability (COA) be resolved in favor of the appellant when considering the severity of his life sentence? |
| 18-564 |
Rosemary L. Decosimo v. Tennessee |
Tennessee |
2018-10-31 |
Denied |
Response Waived |
civil-rights constitutional-rights criminal-procedure due-process fair-trial fifth-amendment forensic-science fourteenth-amendment impartiality law-enforcement sixth-amendment standing |
Whether the right to a fair trial and due process were violated by a Tennessee law awarding the state forensic lab $250 per conviction-related test |
| 18-6493 |
Steven D. Burke v. Neil Turner, Warden |
Sixth Circuit |
2018-10-30 |
Denied |
IFP |
constitutional-law constitutional-rights criminal-defendant criminal-procedure due-process equal-protection standard-of-proof state-court |
Does changing the standard of proof in the state court deny a criminal defendant's due process and equal protection of law? |
| 18-6497 |
Dexter Watson v. Raymond Byrd, Warden |
Fifth Circuit |
2018-10-30 |
Denied |
Response WaivedIFP |
appellate-review burden-of-proof constitutional-law criminal-procedure due-process effective-assistance-of-counsel evidentiary-hearing factual-disputes intent reversible-error |
Did the court reasonably infer petitioner's guilt beyond a reasonable doubt? |
| 18-6498 |
Gildardo Majalca-Aguilar v. United States |
Tenth Circuit |
2018-10-30 |
Denied |
Response WaivedIFP |
18-usc-3582 amendment-782 criminal-procedure criminal-sentencing district-court-discretion drug-conspiracy drug-quantity due-process equal-protection sentence-reduction sentencing-disparity sentencing-guidelines |
Whether the district court erred in denying the motion for sentence reduction under Amendment 782 §3582(c)(2) despite the minimal quantities of drugs … |
| 18-6511 |
In Re Ken Ejimofor Ezeah |
|
2018-10-30 |
Denied |
Response WaivedIFP |
actual-innocence appeal-waiver circuit-split criminal-procedure criminal-procedure-appeal-waiver-guilty-plea-unite guilty-plea inherent-equitable-authority tenth-circuit united-states-v-galloway united-states-v-hahn united-states-v-mccarthy |
Whether the court should expand the framework in United States v. Hahn on appeal waivers |
| 18-6486 |
In Re Steve G. Hernandez |
|
2018-10-29 |
Denied |
Response WaivedRelisted (2)IFP |
brady-material brady-violation civil-rights criminal-procedure cumulative-error due-process evidence-suppression impeachment ineffective-assistance perjury witness-impeachment |
What is the constitutional violation of ineffective assistance of counsel |
| 18-6468 |
Bernabe Lugo-Santiago v. United States |
First Circuit |
2018-10-29 |
Denied |
Response WaivedIFP |
constitutional-challenge criminal-indictment criminal-law criminal-procedure due-process firearm firearm-regulation firearms indictment interstate-commerce jury-finding jury-instructions prosecutorial-burden |
Whether the Government must allege and prove a connection to interstate commerce for a conviction under 18 U.S.C. § 922(g)(1) |
| 18-6472 |
James Gibson v. United States |
Eleventh Circuit |
2018-10-29 |
Denied |
Response WaivedIFP |
almendarez-torres criminal-procedure drug-offenses jury-trial mandatory-minimum prior-convictions reasonable-doubt recidivism sentencing sentencing-enhancement sixth-amendment |
Whether the Petitioner's sentence violated his Sixth Amendment right to a jury trial |
| 18-6473 |
Jeremy Bernard Harrison v. United States |
Fifth Circuit |
2018-10-29 |
Denied |
Response WaivedIFP |
allocution allocution-error appellate-review criminal-procedure defendant-objection defendant-rights due-process federal-rules-of-criminal-procedure judicial-error plain-error preservation-of-error rule-51b sentencing |
Whether allocution error deprives the defendant of an opportunity to object to that error within the meaning of Federal Rule of Criminal Procedure 51(… |
| 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 |
| 18-6479 |
In Re Evan P. Galvan |
|
2018-10-29 |
Denied |
Response WaivedIFP |
6th-amendment criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel right-to-counsel sixth-amendment standing |
Whether the State Court failed to advise petitioner of his 6th Amendment right to counsel, inquire into petitioner's desire for counsel, and inquire i… |
| 18-6483 |
Armando Chavez, Jr. v. United States |
Fifth Circuit |
2018-10-29 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-sentencing due-process federal-jurisdiction federal-sentencing indictment indictment-requirements judicial-discretion plea-bargaining sentencing sentencing-guidelines statutory-interpretation |
Whether facts that alter the range of reasonable' federal sentences must be pleaded in the indictment in federal cases? |
| 18-6485 |
Richard Elliott Cain v. Washington |
Washington |
2018-10-29 |
Denied |
IFP |
6th-amendment character-evidence constitutional-rights criminal-procedure criminal-procedure-evidence due-process evidence fair-trial jury-instruction jury-instructions propensity-evidence search-warrant |
Whether the trial court erred in failing to give the jury a limiting instruction after permitting character and propensity evidence |
| 18-6447 |
Eullis Monroe Goodwin v. United States |
Sixth Circuit |
2018-10-26 |
Denied |
Response WaivedIFP |
career-offender criminal-procedure due-process ineffective-assistance rule-11 sentencing sentencing-guidelines strickland-standard strickland-v-washington |
Did Counsel's Failure to properly develope and present Objections to Petitioner's designation as an career offender, render Ineffective Assistance und… |
| 18-6448 |
In Re Michael Quattrocchi |
|
2018-10-26 |
Denied |
IFP |
administrative-forfeiture administrative-law civil-rights constitutional-rights criminal-procedure due-process equal-protection judicial-approval judicial-review procedural-violations property-rights statutory-interpretation trial-delay unborn-rights |
Whether the administrative forfeiture of Bond's property under case 04-12958 was judicially approved, where Bond was deprived of his property for over… |
| 18-6457 |
Abel Puente v. Julie L. Jones, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2018-10-26 |
Denied |
Response WaivedIFP |
constitutional-rights counsel-of-choice criminal-procedure effective-assistance-of-counsel indigent-defendant retained-attorney right-to-discharge-counsel sixth-amendment |
Whether the Sixth Amendment right to effective assistance of counsel and to counsel of choice, which also provided the right to discharge counsel, wil… |
| 18-6459 |
Cliserio Balmes-Cruz v. United States |
Ninth Circuit |
2018-10-26 |
Denied |
Response WaivedIFP |
appellate-review appellate-standard circuit-split criminal-procedure due-process judicial-consideration non-frivolous-arguments procedural-reasonableness rita-v-united-states sentencing sentencing-review standard-of-review |
Whether a sentencing judge must provide some express treatment to a defendant's non-frivolous arguments |
| 18-6462 |
Juan Carlos Mendez v. California |
California |
2018-10-26 |
Denied |
Response WaivedIFP |
criminal-procedure cross-examination due-process fifth-amendment fourteenth-amendment prosecutorial-misconduct sixth-amendment |
Whether the prosecution's use of 'were they lying' questions and argument to secure a criminal conviction constitutes prosecutorial misconduct and vio… |
| 18-6464 |
Frank Ralph LaPena v. George Grigas, et al. |
Ninth Circuit |
2018-10-26 |
Denied |
Response WaivedIFP |
contract-killing criminal-conviction criminal-procedure due-process habeas-corpus highly-deferential-review ineffective-assistance-of-counsel legal-insufficiency legal-sufficiency nevada-supreme-court physical-evidence rational-juror reasonable-doubt sufficiency-of-evidence witness-testimony wrongful-conviction |
Whether the Nevada Supreme Court's decision rejecting the legal insufficiency claim was unreasonable because, even under a highly deferential review, … |
| 18-6414 |
Marvin K. Locke v. Daniel Paramo, Warden |
Ninth Circuit |
2018-10-25 |
Denied |
Response WaivedIFP |
common-law constitutional-interpretation criminal-procedure due-process felony-murder habeas-corpus ninth-circuit procedural-default second-successive-petition standing statutory-interpretation |
Whether the second-degree felony murder rule is based on statute |
| 18-6415 |
Amalya Cherniavsky, aka Amalya Surenovna Yegiyan v. United States |
Ninth Circuit |
2018-10-25 |
Denied |
Response WaivedIFP |
circuit-split criminal-procedure district-court due-process jury-instruction jury-instructions sentencing standard-of-review sua-sponte sufficiency-of-evidence theory-of-defense trial-procedure |
Under what circumstances must a district court sua sponte instruct the jury on a theory of defense presented and relied upon at trial where the theory… |
| 18-6434 |
Craig Martin Shults v. United States |
Ninth Circuit |
2018-10-25 |
Denied |
Response WaivedIFP |
appeals appellate-review civil-procedure criminal-procedure due-process federal-rules-of-criminal-procedure ninth-circuit precedent rule-52(b) severance severance-motion waiver waiver-rule |
Whether failure to renew a severance motion at the close of evidence waives the issue, such that it precludes appellate review |
| 18-6445 |
Tracy Lebron Vick v. Tennessee |
Tennessee |
2018-10-25 |
Denied |
Response WaivedIFP |
constitutional-challenge criminal-procedure due-process habeas-corpus judicial-review plea-bargaining public-interest sentencing sentencing-procedure unconstitutional |
Whether the provisions of Rule 36.1 of the Tennessee Rules of Criminal Procedure, Tennessee Code Annotated § 29-21-101, and Tennessee law are unconsti… |
| 18-542 |
John E. Hamilton v. Harold W. Clarke, Director, Virginia Department of Corrections |
Fourth Circuit |
2018-10-25 |
Denied |
Response Waived |
charging criminal-procedure defendant-standing due-process extradition extradition-treaty international-law punishment rule-of-specialty sentencing standing treaty treaty-interpretation |
Whether an individual defendant has standing to assert a rule of specialty violation |
| 18-543 |
State Correctional Institution at Fayette, et al. v. Jerry Reeves |
Third Circuit |
2018-10-25 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
actual-innocence criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel new-evidence new-evidence-requirement post-conviction-relief procedural-default sixth-amendment trial-review untimely-petition untimely-petitions |
Whether evidence that was available but not presented at trial satisfies the new evidence requirement of the actual innocence exception which permits … |
| 18-6411 |
Ennis Reed v. California |
California |
2018-10-24 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure discrimination due-process equal-protection jury-selection peremptory-challenges racial-bias racial-discrimination voir-dire |
Has California again departed from the federal standards governing determinations of racial bias during jury voir dire? |
| 18-6401 |
James Gabriel Smith v. United States |
Sixth Circuit |
2018-10-23 |
Denied |
Response WaivedIFP |
appellate-review competency criminal-procedure due-process federal-rules-of-criminal-procedure informed-consent judicial-process plea-bargaining plea-colloquy rule-11-procedure |
Whether the district court followed the procedure mandated by FED. R. CRIM. P. 11 in accepting a guilty plea |
| 18-6406 |
Daniel Tappen v. Florida |
Florida |
2018-10-23 |
Denied |
Response WaivedIFP |
attorney-client-privilege attorney-client-relationship constitutional-rights criminal-procedure due-process evidence ineffective-assistance ineffective-assistance-of-counsel law-enforcement right-to-counsel sixth-amendment |
Whether a defense attorney renders ineffective assistance of counsel |
| 18-6395 |
Alex D. Ramos v. United States |
Seventh Circuit |
2018-10-22 |
Denied |
Response WaivedIFP |
5th-amendment 6th-amendment appellate-review constitutional-interpretation criminal-procedure criminal-sentencing due-process firearm-offense sentencing statutory-construction statutory-interpretation |
Did the lower Court err, and concomitantly violate the United States Constitution, Amendments V and VI, where it determined that Petitioner's prior co… |
| 18-6396 |
Guillermo Solorio, Jr. v. William Muniz, Warden |
Ninth Circuit |
2018-10-22 |
Denied |
Response WaivedIFP |
28-usc-2244(b)(2) brady-v-maryland brady-violation criminal-defendant criminal-procedure evidence-suppression federal-statute habeas-corpus hidden-evidence second-or-successive-petition |
Whether a Petition for a Writ of Habeas Corpus based on Brady v. Maryland Evidence That Was Hidden from a Criminal Defendant — Until After Appeal and … |
| 18-6377 |
Rashad Woodside v. United States |
Sixth Circuit |
2018-10-19 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
constitutional-rights counsel-presence criminal-procedure defendant-rights due-process limited-remand open-court resentencing right-to-be-present right-to-counsel sentencing |
Whether a defendant has the right to be present with counsel at a resentencing hearing |
| 18-6391 |
Matthew Vaughn Hawks v. United States |
Eleventh Circuit |
2018-10-19 |
Denied |
Response WaivedIFP |
appeals criminal-procedure due-process eleventh-circuit federal-rules-of-criminal-procedure mental-disability plain-error sentencing sentencing-disparity sentencing-reasonableness substantial-rights united-states-v-olano |
whether-the-eleventh-circuit-misapplied-fed-r-crim-p-52(b)-and-united-states-v-olano |
| 18-6358 |
Alj Hilton v. United States |
Eleventh Circuit |
2018-10-18 |
Denied |
Response WaivedIFP |
and Are Plain and Affect Petitioner's Substantial -and-Are-Plain-and-Affect-Petitioner's-Substantial 18-usc-3661 5th-amendment appeal-waiver appeal-waiver,sentencing-guidelines,criminal-histo criminal-history criminal-procedure criminal-sentencing due-process judicial-discretion mandatory-minimum plain-error sentencing-guidelines substantial-rights trial-court-error Whether the mandatory five-year minimum sentence u |
Whether Petitioner's Appeal Waiver Is Inapplicable to Issues of Trial Court Error in Applying Sentencing Guidelines' Enhancements or in Calculating Cr… |
| 18-6371 |
Tyrell Henderson v. United States |
Ninth Circuit |
2018-10-18 |
Denied |
Response WaivedIFP |
credibility criminal-procedure evidence jury-instructions mistrial prior-conviction |
Whether a mistrial should have been declared after the prosecutor improperly introduced evidence of the defendant's prior federal conviction where the… |
| 18-6387 |
Spencer Bowens v. United States |
Fourth Circuit |
2018-10-18 |
Denied |
Response WaivedIFP |
135 S. Ct. 2551 (2015) 28 U.S.C. §2255(£)(3) 28 U.S.C. §2255(f)(3) extend to pre-Booker mandatory career-offender gu that has been newly recognized by the United Stat career-offender career-offender-guidelines collateral-review criminal-law criminal-procedure criminal-procedure,sentencing,retroactivity,collat Johnson-right johnson-v-united-states mandatory-sentencing retroactive-application retroactivity sentencing sentencing-guidelines Supreme-Court-precedent |
Whether the right in Johnson v. United States, 135 S. Ct. 2551 (2015) that has been newly recognized by the United States Supreme Court and made retro… |
| 18-6353 |
Michael Joseph Bien v. Texas |
Texas |
2018-10-17 |
Denied |
Response WaivedIFP |
constitutional-interpretation constitutional-law constitutional-rights criminal-procedure double-jeopardy due-process legal-precedent prosecutor-misconduct prosecutorial-misconduct supreme-court supreme-court-jurisprudence supreme-court-precedent texas-court-of-criminal-appeals |
Whether a prosecutor who violates the Double Jeopardy Clause should have exclusive power to determine which of his unconstitutionally obtained convict… |
| 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 |
| 18-6362 |
Edwin Darrell Lett v. Mississippi |
Mississippi |
2018-10-17 |
Denied |
Response WaivedIFP |
14th-amendment 6th-amendment civil-rights continuance counsel criminal-procedure death-penalty due-process fair-trial fourteenth-amendment ineffective-assistance-counsel sixth-amendment state-procedure trial |
Whether the petitioner's Sixth Amendment right to a fair trial was violated when the Mississippi Supreme Court failed to properly review the trial cou… |
| 18-6364 |
Phap Buth v. Massachusetts |
Massachusetts |
2018-10-17 |
Denied |
Response WaivedIFP |
barnes-v-united-states burden-of-proof criminal-procedure due-process fourteenth-amendment in-re-winship |
Whether the Due Process Clause of the Fourteenth Amendment allows reliance on an inference that is at best more likely than not, but not beyond a reas… |
| 18-491 |
Cameron Heath Ray v. Oklahoma |
Oklahoma |
2018-10-17 |
Denied |
|
appellate-division circuit-split criminal-evidence criminal-procedure evidence fourth-amendment immediate-mobility law-enforcement mobility probable-cause search-and-seizure vehicle-search vehicle-seizure |
Whether it violates the Fourth Amendment to characterize a criminal suspect's car as evidence of a crime when the car is not used in the crime at issu… |
| 18-6327 |
Rolando Humphrey v. United States |
Fifth Circuit |
2018-10-16 |
Denied |
Response WaivedIFP |
18-usc-3553 18-usc-3553a criminal-procedure criminal-sentencing due-process federal-sentencing judicial-determination judicial-discretion jury-role jury-trial sentencing-discretion sentencing-guidelines sentencing-guidelines-18-usc-3553 statutory-minimum |
Whether district courts may determine without the aid of a jury that a sentence above the statutory minimum is 'not greater than necessary' to achieve… |
| 18-6329 |
Adan Sandoval Dominguez v. M. Eliot Spearman, Warden |
Ninth Circuit |
2018-10-16 |
Denied |
Response WaivedIFP |
competency competency-standard constitutional-law criminal-procedure due-process factual-understanding judicial-standard major-depressive-disorder mental-competency mental-health rational-understanding standing trial-rights |
Did defendant meet the competency requirement to stand trial set forth in Godinez v. Moran, 509 U.S. 389 (1993)? |
| 18-6331 |
Vernon Robinson v. Florida |
Florida |
2018-10-16 |
Denied |
Response WaivedRelisted (2)IFP |
civil-rights constitutional-law criminal-procedure due-process federal-courts habeas-corpus sentencing standing statutory-interpretation |
Whether the District Court of Appeals erred in dismissing petitioner's claim |
| 18-6334 |
Ahkeem Wiggins v. Robert C. Tanner, Warden |
Fifth Circuit |
2018-10-16 |
Denied |
Response WaivedIFP |
constitutional-violation criminal-procedure due-process enhancement-penalty guilty-plea ineffective-assistance ineffective-assistance-of-counsel jurisdiction plea-bargaining sentencing |
Whether the 1st Judicial District Court, Parish of Caddo, State of Louisiana had jurisdiction to accept a guilty plea to an enhancement penalty under … |
| 18-6335 |
George Jenkins v. United States |
Eleventh Circuit |
2018-10-16 |
Denied |
Response WaivedIFP |
criminal-procedure cruel-and-unusual-punishment drug-offense due-process first-time-offender non-violent-crime proportionality reasonableness-review sentencing-discretion sentencing-guidelines |
Whether the sentence imposed is unreasonable |
| 18-6336 |
Chamontae Walker v. United States |
District of Columbia |
2018-10-16 |
Denied |
IFP |
brady-disclosure brady-v-maryland constitutional-rights criminal-procedure disclosure due-diligence due-process evidence evidence-disclosure exculpatory-evidence prosecutorial-duty |
Is the government relieved of its Brady v. Maryland duty to disclose evidence favorable to the accused if the defense could obtain the evidence throug… |
| 18-6337 |
Travis W. Williams v. Missouri |
Missouri |
2018-10-16 |
Denied |
Response WaivedIFP |
burden-of-proof child-sex-offense criminal-procedure due-process federal-rules-of-evidence fourteenth-amendment mo-const-art-i-18c presumption-of-innocence propensity-evidence |
Whether the Fourteenth Amendment's Due Process Clause prohibits evidence that the defendant has an unrelated remote prior child sex offense conviction… |
| 18-6341 |
John William Lieba, II v. United States |
Ninth Circuit |
2018-10-16 |
Denied |
Response WaivedIFP |
appeal appellate-review burden-of-proof criminal-conviction criminal-procedure due-process evidence jury legal-standard standard-of-review sufficiency-of-evidence |
Whether sufficient evidence existed to convict Mr. Lieba? |
| 18-6342 |
Jaime Rene Lopez-Vaal v. United States |
Ninth Circuit |
2018-10-16 |
Denied |
Response WaivedIFP |
accomplice-liability aggravated-felony criminal-law criminal-procedure due-process equal-protection federal-sentencing immigration immigration-law ninth-circuit-review sentencing statutory-interpretation void-for-vagueness |
Whether Section 1326(b) is unconstitutionally vague |
| 18-6344 |
Brandon Eugene Lacy v. Arkansas |
Arkansas |
2018-10-16 |
Denied |
IFP |
criminal-procedure cumulative-error cumulative-error-analysis fundamental-fairness habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mental-health neuropsychological-evaluation neuropsychological-testing Sixth-Amendment strickland-standard Strickland-v-Washington |
Whether the Arkansas Supreme Court misapplied Strickland v. Washington |
| 18-6347 |
Adam Brake v. United States |
First Circuit |
2018-10-16 |
Denied |
Response WaivedIFP |
burglary criminal-procedure criminal-sentencing double-counting firearm-enhancement firearm-theft guideline-enhancements guideline-range sentencing-considerations sentencing-guidelines stolen-firearm u.s.s.g-2k2.1 |
Whether the district court erred in applying impermissible double counting when calculating the guideline range |
| 18-6349 |
Daniel Israel Palomino v. United States |
Ninth Circuit |
2018-10-16 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review criminal-procedure district-court-review due-process guideline-commentary judicial-discretion judicial-review legal-interpretation sentencing-factors sentencing-guidelines sentencing-procedure statutory-interpretation |
Whether a district court abuses its discretion in misapplying a sentencing guideline when it refuses to consider a factor expressly provided for in th… |
| 18-6300 |
Cheryl Singleton v. United States |
Eleventh Circuit |
2018-10-15 |
Denied |
Response WaivedIFP |
allocution criminal-procedure federal-rules federal-rules-of-criminal-procedure joint-stipulation presentence-investigation presentence-investigation-report sentencing |
Does the filing of joint stipulation(s) as to the presentence investigation report entitle the defendant to allocution on the modified terms, under Fe… |
| 18-6301 |
Darrell Lynn Dancy v. United States |
Eleventh Circuit |
2018-10-15 |
Denied |
Response WaivedIFP |
appeals-court armed-career-criminal-act controlled-substance criminal-procedure district-court factual-innocence predicate-offense sentencing-enhancement unlawful-distribution |
Whether the Appeals Court and District Court erred by failing to address Petitioner's factual innocence claim |
| 18-6324 |
Akinlabi Coleman v. Colorado |
Colorado |
2018-10-15 |
Denied |
Response WaivedIFP |
bench-trial constitutional-rights criminal-procedure due-process habitual-criminal habitual-offender jury-trial sixth-amendment |
Were Mr. Coleman's Sixth Amendment rights to a jury determination of every element of an offense violated when he was only allowed a bench trial to de… |
| 18-6302 |
Francisco Melgar-Cabrera v. United States |
Tenth Circuit |
2018-10-12 |
Denied |
Response WaivedIFP |
18-usc-924c crime-of-violence criminal-procedure federal-criminal-law hobbs-act predicate-felony predicate-offense sentencing-enhancement statutory-interpretation tenth-circuit |
Whether Hobbs Act robbery qualifies as a 'crime of violence' under 18 U.S.C. § 924(c) |
| 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… |
| 18-6305 |
Igor Polshyn v. United States |
Eleventh Circuit |
2018-10-12 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure due-process evidence reversal right-to-testify structural-error testimony |
Whether preventing a defendant from testifying on the sole disputed element of an offense, his subjective intent, amounts to structural constitutional… |
| 18-6307 |
Lorenzo Micquell Latimer v. Jeff Macomber, Warden |
Ninth Circuit |
2018-10-12 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure criminal-record due-process evidence evidence-code harmless-error ineffective-assistance plain-error prior-criminal-record |
When unacceptable insufficient evidence is portrayed upon the Defendant within a criminal case, by way of prior criminal record; does 'harmless error'… |
| 18-6308 |
Edwin Hernandez v. United States |
Second Circuit |
2018-10-12 |
Denied |
Response WaivedIFP |
acquitted-conduct criminal-procedure due-process duress-defense jury-instructions second-circuit sentencing |
Did the Second Circuit err in finding that the district court's charge correctly stated the requirements for the duress defense? |
| 18-6314 |
Vilaychith Khouanmany v. United States |
Eighth Circuit |
2018-10-12 |
Denied |
Response WaivedRelisted (2)IFP |
appointment-of-counsel career-offender civil-rights,due-process,criminal-procedure,senten criminal-procedure due-process excessive-sentences habeas-corpus pro-se-litigant procedural-due-process right-to-bail right-to-counsel sentence-enhancements sentencing speedy-trial |
Whether the denial of appealability of case no. 17-1243 was proper when the issues of career offender, enhancements of priors, and excessive sentences… |
| 18-6279 |
Samuel Kwushue v. United States |
Eleventh Circuit |
2018-10-11 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-procedure-11 elements-of-crime federal-regulation federal-regulations federal-rule-11 guilty-plea jurisdiction rule-11 statute-of-conviction statutory-elements wire-fraud |
Could a guilty plea, accepted in violation of Federal Rule of Criminal Procedure 11, support a conviction, when the conduct to which a defendant admit… |
| 18-6280 |
Thomas Gilmore Stewart v. United States |
Fifth Circuit |
2018-10-11 |
Denied |
Response WaivedIFP |
challenge criminal-procedure due-process habeas-corpus judicial-discretion revocation state-conviction state-court-conviction supervised-release |
Whether a district court's decision to revoke a term of supervised release that is based upon a previous state court conviction which is being challen… |
| 18-6293 |
Alfredo Martinez-Rey v. United States |
Fifth Circuit |
2018-10-11 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction reasonable-doubt sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 18-6295 |
Steven Anthony Walcott, Jr. v. Louisiana |
Louisiana |
2018-10-11 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure due-process ineffective-assistance-of-counsel right-to-appeal right-to-counsel right-to-fair-trial |
Did the district court err in denying the accused's petition for writ of habeas corpus? |
| 18-455 |
Aaron Joseph Emineth v. Oregon |
Oregon |
2018-10-11 |
Denied |
Response Waived |
14th-amendment burden-of-proof constitutional-rights criminal-procedure due-process fourteenth-amendment photo-radar standard-of-proof state-court-proceedings traffic-enforcement trial-court |
Did the state trial court violate Petitioner's constitutional right to Due Process under the Fourteenth Amendment of the United States Constitution by… |
| 18-6265 |
Samuel Silva v. United States |
Tenth Circuit |
2018-10-10 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
criminal-procedure criminal-statute evidence evidence-prejudice federal-firearms federal-rule-403 federal-rules-of-evidence felon-in-possession felon-possession firearm-possession jury-instruction jury-instructions prejudice prejudicial-evidence probative-value rule-403 |
Whether the practice of telling juries in a 18 U.S.C. § 922(g)(1) prosecution that the defendant is a previously-convicted felon should be excluded un… |
| 18-6267 |
Denise Robertson v. United States |
Ninth Circuit |
2018-10-10 |
Denied |
Response WaivedIFP |
circuit-court-conflict circuit-split criminal-procedure document-disclosure evidence-review in-camera-review jencks-act palermo-v-united-states reasonable-particularity threshold-showing united-states-v-palermo |
Whether a defendant must make a threshold showing with reasonable particularity that identified documents constitute 'statements' under the Jencks Act… |
| 18-6270 |
Cornelius Lynch v. Ohio |
Ohio |
2018-10-10 |
Denied |
Response WaivedIFP |
constitutional-law constitutional-protection criminal-procedure defendant-rights double-jeopardy double-jeopardy,criminal-procedure,constitutional- due-process mistrial retrial trial-procedure |
May a state, consistent with the protections of the Double Jeopardy Clause, try a defendant a second time when the first trial ended in a mistrial whi… |
| 18-6271 |
Sonny Scott v. United States |
Fifth Circuit |
2018-10-10 |
Denied |
Response WaivedIFP |
appellate-review appellate-standard booker-standard circuit-split criminal-procedure plain-error plain-error-review reasonableness-challenge reasonableness-standard sentencing sentencing-review standard-of-review substantive-reasonableness united-states-v-booker |
When—if at all—must a defendant object to the reasonableness of a sentence to preserve that argument for appellate review? |
| 18-6284 |
Alphonso Churchwell, Jr. v. United States |
Eleventh Circuit |
2018-10-10 |
Denied |
Response WaivedIFP |
career-offender collateral-review criminal-procedure criminal-sentencing eleventh-circuit mandatory-guidelines residual-clause retroactivity sentencing-guidelines vagueness void-for-vagueness |
Whether U.S.S.G. § 4B1.2(a)(2)'s residual clause is void for vagueness with respect to defendants sentenced under the pre-Booker mandatory Guidelines |
| 18-6285 |
Mady Chan, aka Maddy, aka Mandy, aka Manny v. United States |
Ninth Circuit |
2018-10-10 |
Denied |
Response WaivedIFP |
constitutional-right constitutional-rights counsel-advice criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel padilla-precedent padilla-v-kentucky sixth-amendment speedy-trial-act |
Should the holding in Padilla v. Kentucky extend to the attorney's failure to advise a client that under Speedy Trial Act a violation cannot be waived… |
| 18-6236 |
Thomas Lee Swan v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2018-10-09 |
Denied |
IFP |
civil-procedure civil-rights constitutional-provisions criminal-procedure due-process federal-jurisdiction habeas-corpus ineffective-assistance-of-counsel jurisdiction reasons-for-granting-writ statement-of-case statutory-provisions |
Whether the 5th Circuit Court of Appeals erred in deferring to the state court's conviction of the petitioner despite the petitioner's claims of due p… |
| 18-6237 |
Jacob L. Smith v. United States |
Tenth Circuit |
2018-10-09 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
18-usc-3553 appellate-review circuit-split criminal-procedure criminal-procedure-appeal due-process gall-v-united-states plain-error plain-error-review preservation-of-error sentencing sentencing-variance |
In order to preserve a § 3553(c) challenge to the adequacy of the district court's sentencing explanation, must a party, who is given no opportunity t… |
| 18-6248 |
Antonio Mercedes-Rijo v. United States |
First Circuit |
2018-10-09 |
Denied |
Response WaivedIFP |
congressional-power criminal-procedure define-and-punish-clause drug-trafficking due-process federal-jurisdiction high-seas mitigating-role sentencing sentencing-guidelines sentencing-guidelines-3b1.2 statutory-interpretation united-states-sentencing-commission |
Whether the Petitioner's Mitigating Role Should of Been Adjusted In Accordance With The United States Sentencing Guidelines § 3B1.2 |
| 18-6251 |
Lonnie James Pebley v. Colorado |
Colorado |
2018-10-09 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure double-jeopardy due-process mistrial oregon-v-kennedy prosecutorial-misconduct reprosecution supervisory-authority trial-court |
Whether the federal double jeopardy protection barring reprosecution as a result of prosecutorial misconduct intended to provoke a mistrial was not sh… |
| 18-6253 |
Daniel R. Wesling v. Pennsylvania |
Pennsylvania |
2018-10-09 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-conviction criminal-procedure due-process indictment indictment-sufficiency pennsylvania-law presumption-of-innocence prosecutorial-standards vagueness victim-testimony |
Is the Commonwealth of Pennsylvania's conviction of the Petitioner with uncorroborated victim statements coupled with an indictment so vague as to des… |
| 18-6258 |
Steven Lazar v. Mark Capozza, Superintendent, State Correctional Institution at Fayette, et al. |
Third Circuit |
2018-10-09 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
aedpa aedpa-standard confession confession-voluntariness criminal-procedure due-process habeas-corpus ineffective-assistance-counsel ineffective-assistance-of-counsel merits-adjudication reliability standard-of-review third-circuit-review voluntariness |
Did not the Pennsylvania state courts and the Third Circuit Court of Appeals convolute the difference between a confession's voluntariness and its rel… |
| 18-6260 |
Jaime Traverso v. Maryland |
Maryland |
2018-10-09 |
Denied |
Response WaivedIFP |
abuse-of-discretion constitutional-law constitutional-review criminal-procedure due-process evidence-withholding full-faith-and-credit full-faith-credit-clause judicial-discretion law-of-case perjury prosecutorial-misconduct standing withheld-evidence |
Did the Maryland court abuse its discretion by refusing to reopen the law of the case established by the testimony of a convicted perjurer, withheld f… |
| 18-443 |
Bobby James Moore v. Texas |
Texas |
2018-10-09 |
Denied |
Amici (3)Relisted (5) |
capital-punishment clinical-criteria clinical-standards criminal-procedure eighth-amendment intellectual-disability lay-stereotypes medical-standards moore-v-texas |
Whether the Eighth Amendment and this Court's decision in Moore v. Texas, 137 S. Ct. 1039 (2017) prohibit relying on non-clinical criteria and lay ste… |
| 18-6216 |
Musonda Mulenga v. United States |
District of Columbia |
2018-10-05 |
Denied |
Response WaivedIFP |
carpenter-v-united-states criminal-conviction criminal-procedure district-court-procedure district-of-columbia due-process fourth-amendment harmless-error judicial-precedent legal-conflict second-degree-murder superior-court supreme-court-review |
Whether the opinion from the District of Columbia Court of Appeals is in conflict with opinion of this Court in Carpenter v. United States, 136 S.Ct. … |
| 18-6234 |
Scott Doyle Barrett v. Arizona |
Arizona |
2018-10-05 |
Denied |
Response WaivedIFP |
14th-amendment burden-of-proof child-molestation constitutional-rights criminal-procedure due-process sexual-motivation |
Does Arizona's statutory scheme, which excludes sexual motivation as an element of child molestation, unconstitutionally shift the burden of proof on … |
| 18-6198 |
Carlos Rafael Acosta-Joaquin v. United States |
First Circuit |
2018-10-04 |
Denied |
Response WaivedIFP |
42-usc-408(a)(7)(B) criminal-intent criminal-law criminal-procedure due-process false-representation federal-criminal-law identity-theft social-security-fraud social-security-number statutory-interpretation |
Is a defendant guilty of social-security-fraud under 42-usc-408(a)(7)(B) |
| 18-6200 |
Emmanuel Chukwuebuka Uzoechi v. David Wilson, et al. |
Fourth Circuit |
2018-10-04 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure discrimination due-process emotional-distress false-conviction intentional-infliction-of-emotional-distress malicious-prosecution title-ix |
Did the State of Maryland intentionally inflict emotional distress on Emmanuel C Uzoechi, and was Emmanuel C Uzoechi Maliciously prosecuted? |
| 18-6222 |
Donte Timothy Bacon v. United States |
Sixth Circuit |
2018-10-04 |
Denied |
Response WaivedIFP |
as-applied-challenges class-v-united-states commerce-clause constitutional-challenge constitutional-law criminal-procedure de-novo district-of-colombia-v-heller federal-criminalization federal-jurisdiction federal-prosecution firearm-regulation guilty-plea interstate-commerce intrastate-firearm-possession intrastate-firearm-sale plain-error second-amendment standard-of-review statutory-interpretation unconditional-guilty-plea united-states-v-lopez |
Whether as-applied constitutional challenges to statutes of conviction are waived by an unconditional guilty plea, and the standard of review |
| 18-6168 |
Soon Young Kim v. California |
California |
2018-10-03 |
Denied |
Relisted (2)IFP |
civil-procedure civil-rights criminal-procedure due-process judicial-misconduct prosecutorial-misconduct standing |
What would You do against such jurists, tremendous crimes as the National matter!? |
| 18-6169 |
Tracy L. Johnson v. United States |
Sixth Circuit |
2018-10-03 |
Denied |
Response WaivedIFP |
924(c)-statute conspiracy criminal-law criminal-procedure double-jeopardy drug-conspiracy drug-crimes due-process firearm-possession informant-testimony law-enforcement-conduct mandatory-minimum mandatory-sentencing sentencing sentencing-enhancement |
Whether a defendant should be subject to a mandatory 25 year consecutive 924(c) sentence for the same drug Conspiracy |
| 18-6188 |
Andrew Lucero v. Colorado Department of Corrections |
Colorado |
2018-10-03 |
Denied |
Response WaivedIFP |
bill-of-rights constitutional-rights criminal-procedure due-process habeas-corpus jurisdiction jurisdictional-issue liberty-interest procedural-default statutory-interpretation |
Whether the original Criminal Trial Court abused its discretion in its Procedural Defaults, ab initio, depriving petitioner of Constitutionally Secure… |
| 18-6203 |
Larry Hayes v. Marvin Plumley, Warden |
Fourth Circuit |
2018-10-03 |
Denied |
IFP |
5th-amendment confession-evidence criminal-procedure custodial-interrogation due-process false-confession miranda-rights miranda-waiver miranda-warning police-conduct police-interrogation voluntariness |
What constitutes a promise of leniency that destroys the voluntariness of a subsequent confession? |
| 18-6204 |
Jermaine Franklin v. United States |
Fifth Circuit |
2018-10-03 |
Denied |
Response WaivedIFP |
appellate-review constitutional-challenge constitutional-law criminal-procedure due-process federal-jurisdiction fifth-circuit plea-agreement plea-bargaining unconstitutional waiver-of-appeal |
Whether the Fifth Circuit erred by enforcing the unconstitutional Waiver of Appeal provision in Petitioner Franklin's Plea Agreement |
| 18-6205 |
Eliseo Guevara-Guevara v. United States |
Fifth Circuit |
2018-10-03 |
Denied |
Response WaivedIFP |
alleyne-rule alleyne-v-united-states almendarez-torres almendarez-torres-v-united-states apprendi-rule apprendi-v-new-jersey criminal-procedure due-process enhanced-punishment immigration-law indictment judicial-precedent prior-conviction sentencing |
Whether a prior conviction must be alleged in the indictment before a defendant is subjected to enhanced punishment under 8 U.S.C. § 1326(b) |
| 18-6206 |
Jason Randall Howard v. United States |
Fourth Circuit |
2018-10-03 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-sentencing due-process judicial-discretion procedural-reasonableness sentencing sentencing-disparities sentencing-factors sentencing-guidelines substantive-reasonableness variance-sentence |
Is Howard's 457% above-guideline variance sentence procedurally unreasonable because the District Court failed to consider the need to avoid unwarrant… |
| 18-6207 |
Manuel Ernesto Paiz Guevara v. United States |
Fourth Circuit |
2018-10-03 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
abuse-of-discretion capital-crime capital-punishment criminal-procedure death-penalty eighth-amendment fourth-circuit-split mandatory-sentencing miller-v-alabama right-to-counsel sentencing sentencing-discretion statutory-interpretation |
Whether the Fourth Circuit erred in denying the defendant's request for two attorneys in a capital case |
| 18-6208 |
Nicholas Ryan Hemsher v. United States |
Eighth Circuit |
2018-10-03 |
Denied |
Response WaivedIFP |
18-usc-3553 8th-circuit appellate-review circuit-split co-conspirators criminal-enhancement criminal-procedure sentencing-disparities sentencing-disparities-18-usc-3553-a-6 sentencing-disparity sentencing-guidelines statutory-interpretation |
Whether the Eighth Circuit Court of Appeals erred in finding that the statutory direction to avoid unwarranted disparities among defendants does not a… |
| 18-6212 |
Thomas Burgess v. Nicole English, Warden |
Eleventh Circuit |
2018-10-03 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
28-usc-2255e amendment-782 criminal-procedure intervening-arrest mandatory-minimum miscarriage-of-justice precedent-change savings-clause sentencing sentencing-modification sentencing-relief-28-usc-2255e |
Whether a defendant can seek relief under the savings clause of 28 U.S.C. § 2255(e) when the court of appeals changes its binding precedent to what th… |
| 18-417 |
W. Scott Harkonen v. United States |
Ninth Circuit |
2018-10-03 |
Denied |
Amici (2)Response Waived |
actual-innocence circuit-split coram-nobis criminal-conviction criminal-procedure due-process fraud habeas-corpus new-evidence post-conviction-relief standard writ-of-error-coram-nobis |
Whether a writ of error coram nobis should issue for a petitioner who presents 'compelling' new evidence that establishes his actual innocence of the … |
| 18-421 |
Jose Luis Cepeda-Cortes v. United States |
Fifth Circuit |
2018-10-03 |
Denied |
Response Waived |
co-defendant criminal-procedure extraneous-criminal-acts federal-rules-of-criminal-procedure joint-trial jury-reliability prejudice rule-14a severance spill-over-effect zafiro-v-united-states |
Does a fair and consistent application of Rule 14(a) require this Court to re-examine its decision in Zafiro and clarify the factors to be considered … |
| 18-427 |
Masoud Bamdad v. United States |
Ninth Circuit |
2018-10-03 |
Denied |
Response WaivedRelisted (2) |
agency-policy controlled-substances court-jurisdiction criminal-procedure defective-indictment due-process fed.r.civ.p.-54(b) final-judgment habeas-corpus habeas-proceedings interstate-commerce jurisdiction medical-practice procedural-rules |
Whether a habeas court must adjudicate all claims of a habeas petitioner before making a final judgment and closing the case, or else the judgment is … |
| 18-428 |
United States v. Clifford Raymond Salas |
Tenth Circuit |
2018-10-03 |
Denied |
Relisted (2) |
constitutional-challenge constitutional-law criminal-procedure criminal-statute due-process federal-criminal-law firearm-offense firearms sentencing statutory-interpretation vagueness vagueness-doctrine void-for-vagueness |
Whether the subsection-specific definition of crime of violence' in 18 U.S.C. 924(c)(3)(B) is unconstitutionally vague |
| 18-431 |
United States v. Maurice Lamont Davis and Andre Levon Glover |
Fifth Circuit |
2018-10-03 |
Judgment Issued |
Amici (3)Relisted (2) |
armed-career-criminal-act constitutional-law criminal-procedure criminal-statute due-process federal-criminal-law firearm-offense firearms hobbs-act statutory-interpretation vagueness vagueness-doctrine void-for-vagueness |
Whether the subsection-specific definition of crime of violence' in 18 U.S.C. 924(c)(3)(B) is unconstitutionally vague |
| 18-410 |
Corey D. Yates v. United States |
District of Columbia |
2018-10-02 |
Denied |
|
brady-doctrine brady-v-maryland brady-violation criminal-procedure disclosure due-process evidence-suppression federal-state-courts-split materiality preserving-brady-doctrine prosecutorial-disclosure prosecutorial-misconduct reasonable-diligence suppressed-evidence |
Whether a defendant must show he did not know of and could not have reasonably obtained the suppressed evidence to establish a Brady violation |
| 18-411 |
Cindy Omidi v. United States |
Ninth Circuit |
2018-10-02 |
Denied |
Response Waived |
31-usc-5317 31-usc-5324 civil-procedure criminal-procedure due-process forfeiture jurisdictional-basis money-judgment personal-money-judgment statutory-interpretation structuring |
Whether a district court has authority to enter a personal money judgment against a person who violated 31 U.S.C. § 5324(a)(3) (structuring) when the … |
| 18-6161 |
Terrance Lombard v. United States |
Sixth Circuit |
2018-10-02 |
Denied |
Response WaivedIFP |
appellate-review clear-error clear-error-standard criminal-procedure district-court due-process motion-to-suppress standard-of-review suppression-hearing |
Did the court of appeals misapply the clear error standard by considering facts adduced at trial, but not considered by the district court during the … |
| 18-6165 |
Paul E. Rinehart v. Ohio |
Ohio |
2018-10-02 |
Denied |
Response WaivedIFP |
apprendi-v-new-jersey criminal-procedure due-process judicial-fact-finding jury-trial sentencing-enhancement sentencing-guidelines sixth-amendment trial-by-jury |
Can a trial court enhance a defendant's sentence(s) to more than the minimum sentence upon judicial fact finding from a judge rather than the findings… |
| 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… |
| 18-6180 |
Brian Deronceler v. United States |
Eleventh Circuit |
2018-10-02 |
Denied |
Response WaivedIFP |
appeal appellate-review criminal-conviction criminal-procedure district-court due-process eleventh-circuit insufficient-evidence judgment-of-acquittal motion-for-acquittal sentencing sentencing-errors sufficiency-of-evidence |
Whether the evidence was insufficient to support the defendant's conviction and the motion for judgment of acquittal should have been granted |
| 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… |
| 18-6184 |
Robert Demetrius Barnes v. B. Masters, Warden |
Fourth Circuit |
2018-10-02 |
Denied |
Response WaivedIFP |
circuit-split concurrent-sentence criminal-procedure federal-appellate-courts federal-sentencing prior-undischarged-term prior-undischarged-term-of-imprisonment sentencing-guidelines sentencing-guidelines-manual-5g1.3(c) statutory-interpretation |
Whether the word concurrently' in Section 5G1.3(c) authorizes a sentencing court to run a sentence concurrently from the start of the pre-existing sen… |
| 18-6185 |
Jason Beckman v. Florida |
Florida |
2018-10-02 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
apprendi apprendi-v-new-jersey criminal-procedure due-process fact-finding factfinding jury-factfinding juvenile-sentencing life-sentence miller-factors miller-v-alabama sentencing-factors sixth-amendment |
Whether section 921.1401, Florida Statutes, violates the Sixth Amendment by allowing a judge rather than a jury to conduct the factfinding necessary t… |
| 18-6186 |
Alvin Gaitan Benitez, aka Pesadilla, aka Lil Pesadilla, aka Lil Tuner, aka Tooner, aka Lil Tunnel v. United States |
Fourth Circuit |
2018-10-02 |
Denied |
Response WaivedIFP |
antagonistic-defense antagonistic-defenses codefendant criminal-procedure due-process fair-trial interstate-commerce jurisdiction jurisdictional-element motion-for-severance severance |
Whether the circuit court erred in affirming the denial of a motion for severance |
| 18-6150 |
Noel Aquino-Florenciani v. United States |
First Circuit |
2018-10-01 |
Denied |
Response WaivedRelisted (2)IFP |
abuse-of-discretion child-pornography criminal-law criminal-procedure due-process internet-access internet-access-ban sentencing sentencing-guidelines supervised-release |
Whether the court's imposition of a total ban of internet access as a condition of supervised release is an overly broad and restrictive and without a… |
| 18-6152 |
M. E. D. v. New Jersey |
New Jersey |
2018-10-01 |
Denied |
Relisted (2)IFP |
child-endangerment criminal-procedure due-process evidence evidence-law fair-trial jury-instruction jury-instructions other-wrongs-evidence second-degree-child-endangerment victim-testimony witness-testimony |
Did the trial court violate petitioner's right under the due process clause to a fair trial when the court failed to instruct the jury properly on a k… |
| 18-6155 |
Christian Lemus Cerna, aka Leopardo, aka Bago, aka Vago, aka Gatito, aka Christian Josue Lemus Alfaro v. United States |
Fourth Circuit |
2018-10-01 |
Denied |
Response WaivedIFP |
brady-evidence-disclosure brady-violation brady-violations court-of-appeals criminal-procedure eighth-amendment eighth-amendment-sentencing evidence-admission false-testimony jury-instructions lesser-included-offenses mandatory-life-sentence severance-of-defendants uncharged-conduct-evidence uncharged-murder-evidence |
Whether the Court of Appeals erred in affirming the district court's decisions |
| 18-6158 |
Makandi L. Terry v. Larry Abraham, Chief, Dillon County Detention Center |
Fourth Circuit |
2018-10-01 |
Denied |
IFP |
brady-disclosure civil-rights criminal-procedure due-process equal-protection ineffective-assistance-of-counsel jurisdiction plea-bargaining standing |
Should Petitioner Feery's case be reversed and remanded based upon direct evidence of ineffective assistance of counsel in his failure to disclose any… |
| 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? |
| 18-405 |
Shabnam Dastmalchian v. Department of Justice, et al. |
Ninth Circuit |
2018-10-01 |
Denied |
Response Waived |
asset-forfeiture civil-procedure civil-rights constitutional-rights criminal-procedure due-process federal-criminal-procedure federal-immunity government-overreach government-seizure innocent-third-party property-rights takings third-party-property |
Whether the interplay of the Constitution, Fed.R.Crim.P.7(c)(2), and 21 U.S.C. § 853 allow government employees to seize an innocent third party Calif… |
| 18-407 |
Matthew John Stickle v. Virginia |
Virginia |
2018-10-01 |
Denied |
Response Waived |
constitutional-rights criminal-procedure curtilage due-process fourteenth-amendment fourth-amendment fourth-amendment,fourteenth-amendment,search-and-s ip-address search-and-seizure threshold warrantless-search |
Was the evidence in this case unlawfully obtained as a result of an unlawful search and seizure in violation of the Fourth and Fourteenth Amendments? |
| 18-396 |
Brittan Holland, et al. v. Kelly Rosen, et al. |
Third Circuit |
2018-09-28 |
Denied |
Amici (2)Response Waived |
bail bail-reform-act criminal-procedure due-process eighth-amendment fourth-amendment monetary-bail new-jersey pretrial-detention pretrial-liberty restrictive-conditions |
Whether New Jersey's law prohibiting courts from considering monetary bail unless no combination of non-monetary conditions will reasonably assure the… |
| 18-404 |
The Colorado Independent v. District Court for the Eighteenth Judicial District of Colorado, et al. |
Colorado |
2018-09-28 |
Denied |
Amici (4)Response RequestedResponse WaivedRelisted (2) |
capital-murder court-records criminal-procedure due-process first-amendment first-amendment-access judicial-proceedings press-enterprise press-enterprise-co-v-superior-court press-enterprise-doctrine public-access qualified-right |
Does the public's qualified First Amendment right of access apply to the substantive motion papers, hearing transcripts and court orders filed in a ca… |
| 18-6110 |
Mikal Mahdi v. South Carolina |
South Carolina |
2018-09-28 |
Denied |
IFP |
appointment-of-counsel capital-punishment constitutional-rights criminal-procedure death-penalty death-sentence habeas-corpus indigent-counsel ineffective-assistance-of-counsel post-conviction-relief procedural-history right-to-counsel sixth-amendment south-carolina-supreme-court state-court |
Whether the Sixth Amendment right to effective assistance of counsel was violated when the state post-conviction court failed to appoint counsel for M… |
| 18-6111 |
Thompson Christopher Kyle Mandrell v. United States |
Tenth Circuit |
2018-09-28 |
Denied |
Response WaivedIFP |
18-usc-3553 18-usc-3553a6 appellate-review criminal-procedure federal-sentencing judicial-discretion sentence-disparity sentencing-disparities sentencing-guidelines statutory-interpretation |
Whether the federal sentencing court failed to properly consider and apply 18 U.S.C. § 3553(a)(6) regarding unwarranted sentence disparities |
| 18-6112 |
Opherro G. Jones v. United States |
Ninth Circuit |
2018-09-28 |
Denied |
Response WaivedIFP |
advisory-guidelines beckles-v-united-states certificate-of-appealability criminal-procedure due-process misinformation sentencing sentencing-guidelines townsend-v-burke void-for-vagueness |
Due process-precludes-reliance-on-misinformation-at-sentencing |
| 18-6124 |
Sherman Washington, aka Sherman Lance Washington v. Carmen Denise Palmer, Warden |
Sixth Circuit |
2018-09-28 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process evidence evidence-admission fair-trial fair-trial-denial fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel mre-404b other-bad-acts other-bad-acts-testimony res-gestae sixth-amendment |
Whether petitioner was denied a fair trial by the admission of irrelevant other bad acts testimony |
| 18-6132 |
Marlon Oliver v. United States |
Sixth Circuit |
2018-09-28 |
Denied |
Response WaivedIFP |
2011 plea offer not requiring cooperation and def criminal-procedure criminal-procedure-ineffective-assistance-of-couns due-process ineffective-assistance ineffective-assistance-of-counsel missouri-v-frye plea-bargaining plea-offer right-to-counsel sixth-amendment |
Whether there is a reasonable probability that the court below would vacate petitioner's conviction, giving the opportunity to consider this Court's d… |
| 18-6137 |
Steven Doyle Burton v. United States |
Ninth Circuit |
2018-09-28 |
Denied |
IFP |
4th-amendment civil-rights criminal-procedure due-process fourth-amendment probation probation-search probation-searches reasonable-suspicion search search-condition standing |
Whether the Fourth Amendment allows probation searches without reasonable suspicion |
| 18-6141 |
Damian O'Neil Towne v. United States |
Fifth Circuit |
2018-09-28 |
Denied |
Response WaivedIFP |
appellate-waiver criminal-procedure government-objection ineffective-assistance ineffective-assistance-of-counsel judicial-review notice-of-appeal sentencing-error sentencing-guidelines sentencing-miscalculation untimely-notice-of-appeal |
Whether a gross miscalculation of the sentencing guideline range should be corrected where a defendant's appellate waiver does not preclude an appeal … |
| 18-6113 |
Frank J. Ballesteros v. United States |
Eleventh Circuit |
2018-09-27 |
Denied |
Response WaivedIFP |
advisory-guidelines criminal-procedure fairness fairness-doctrine integrity judicial-proceedings judicial-review post-conviction-relief pro-se-applicant public-reputation resentencing sentencing sentencing-guidelines |
Should this Court grant review of the court of appeals' decision based on this Court's subsequent decision in Rosales-Mireles v. United States that re… |
| 18-6120 |
Jose Ramon Pulido-Nolazco v. United States |
Eleventh Circuit |
2018-09-27 |
Denied |
Response WaivedIFP |
circuit-split criminal-justice criminal-procedure criminal-sentencing due-process federal-procedure prior-conviction sentencing sex-offender sex-offender-treatment supervised-release |
Whether the age of a prior sex offense conviction is a factor the court must consider when determining whether to impose sex offender treatment as a c… |
| 18-6121 |
Benjamin Vega-Garcia, aka Carlos Moreno Molina v. United States |
Fifth Circuit |
2018-09-27 |
Denied |
Response WaivedIFP |
certiorari-standard constitutional-interpretation criminal-law criminal-procedure due-process judicial-precedent precedent precedent-overruling recidivism sentencing stare-decisis statutory-interpretation supreme-court supreme-court-review |
Whether the Court should overrule Almendarez-Torres v. United States, 523 U.S. 224 (1998) |
| 18-391 |
Arizona v. Guy James Goodman |
Arizona |
2018-09-27 |
Denied |
Amici (5)Response RequestedResponse WaivedRelisted (2) |
adversarial-hearing bail-denial bail-restrictions clear-proof criminal-procedure due-process facial-unconstitutionality pretrial-detention salerno sexual-assault united-states-v-salerno |
Did the Arizona Supreme Court err in holding that United States v. Salerno, 481 U.S. 739 (1987), prohibits a State from denying bail to an arrestee wh… |
| 18-6089 |
Marie Therese Assa'ad-Faltas v. City of Columbia, South Carolina |
South Carolina |
2018-09-26 |
Denied |
IFP |
constitutional-rights criminal-procedure defense-expenses due-process equal-protection indigent-criminal-defendant indigent-defense pro-se pro-se-defense sovereign-immunity takings |
Whether South Carolina's Defense of Indigents Act denies equal protection between criminal defendants who choose to proceed pro se and those with stat… |
| 18-6092 |
Robert Dion Ables v. United States |
Fifth Circuit |
2018-09-26 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
appellate-review criminal-appeals criminal-procedure criminal-procedure-plain-error-review empirical-analysis empirical-foundation-of-guidelines guideline-2g2.2 judicial-discretion plain-error sentencing sentencing-guidelines sentencing-policy substantive-reasonableness substantive-reasonableness-of-sentences |
Whether factual error is categorically immune from plain error review? |
| 18-6103 |
Fernando Valdez-Cejas v. United States |
Fifth Circuit |
2018-09-26 |
Denied |
Response WaivedIFP |
apprendi-v-new-jersey criminal-procedure due-process plea-bargaining prior-conviction sentencing statutory-enhancement statutory-maximum |
Whether all facts - including the fact of a prior conviction - that increase a defendant's statutory maximum must be pleaded in the indictment and eit… |
| 18-6078 |
Carlton B. Springer v. Ohio |
Ohio |
2018-09-25 |
Denied |
Response WaivedIFP |
civil-procedure constitutional-right criminal-procedure due-process ineffective-assistance-of-counsel outcome-determinative prejudice-prong sixth-amendment standing |
Do Ohio Courts err when they insist that the prejudice prong of an ineffective assistance of counsel claim requires proof that counsel's deficient per… |
| 18-6090 |
Eric Williams v. Pennsylvania |
Pennsylvania |
2018-09-25 |
Denied |
Response WaivedIFP |
actual-innocence appellate-procedure criminal-procedure due-diligence due-process evidentiary-hearing habeas-corpus post-conviction-relief recantation recantation-evidence witness-recantation |
Did the Pennsylvania Superior Court and Common Pleas Court abuse their discretion by denying Williams an evidentiary hearing to review the merits of h… |
| 18-6091 |
In Re Steven A. Walcott, Jr. |
|
2018-09-25 |
Denied |
IFP |
bail civil-rights criminal-procedure detention due-process equal-protection ineffective-assistance-of-counsel pretrial-detention release speedy-trial |
Whether the State of Louisiana violated the petitioner's constitutional rights |
| 18-6098 |
Joe Johnson, Jr. v. Oklahoma |
Oklahoma |
2018-09-25 |
GVR |
Response RequestedRelisted (5)IFP |
criminal-procedure federal-jurisdiction federal-subject-matter-jurisdiction indian-country indian-law major-crimes-act organic-act prospective-decisions seminole-country seminole-tribe state-waiver-rule subject-matter-jurisdiction |
Whether the Supreme Court clearly established the prospective decisions that Seminole Country written in Congress Organic Act invokes the Major Crimes… |
| 18-6064 |
Robert L. Rose v. Leroy Kirkegard, Warden, et al. |
Ninth Circuit |
2018-09-24 |
Denied |
IFP |
constitutional-rights criminal-procedure ineffective-assistance lafler-v-cooper plea-negotiations remedies remedy sixth-amendment united-states-v-morrison |
What is the proper remedy when a defendant's lawyer fails to inform her client of, or offers deficient advice as to whether to accept, a favorable ple… |
| 18-6065 |
In Re Eric M. Richardson |
|
2018-09-24 |
Dismissed |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure due-process fifth-amendment grand-jury habeas-corpus judicial-procedure pro-se-petition sentencing standing |
Whether the petitioner's conviction and sentence violated his Fifth Amendment right to be tried only on an offense made out in a presentment or indict… |
| 18-6076 |
Wilton Eugene Sandifer, Sr. v. Florida |
Florida |
2018-09-24 |
Denied |
Response WaivedIFP |
14th-amendment 4th-amendment 6th-amendment civil-rights constitutional-rights criminal-procedure due-process equal-protection evidence-law mandamus standing state-court third-party-guilt trial-rights |
Whether the petitioner was denied due process and equal protection under the 14th Amendment by the state court's denial of his petition for a writ of … |
| 18-6081 |
Manuel Enrique Camacho v. Wendy Kelley, Director, Arkansas Department of Correction |
Eighth Circuit |
2018-09-24 |
Denied |
Response WaivedIFP |
cognitive-impairment competency criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel mental-capacity mental-competency psychiatric-evaluation psychiatric-report |
Whether trial counsel was ineffective for failing to determine if Mr. Camacho was competent to enter a guilty plea |
| 18-6083 |
Jesus Manuel Laureano-Perez v. United States |
First Circuit |
2018-09-24 |
Denied |
Response WaivedIFP |
appeal appellate-review criminal-procedure district-court-discretion due-process government-prosecution plea-agreement sentencing sentencing-enhancement sentencing-guidelines standard-of-review uncharged-conduct |
Whether the district court erred in enhancing Laureano's sentence based on uncharged conduct |
| 18-6084 |
Sharon Lee v. Florida |
Florida |
2018-09-24 |
Denied |
Response WaivedIFP |
competency constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel manifest-injustice mental-capacity plea-bargaining |
Was the petitioner's constitutional rights violated when the petitioner unknowingly and unintelligently accepted a plea to a second degree murder char… |
| 18-6087 |
Samuel Raphael Johnson v. United States |
Eighth Circuit |
2018-09-24 |
Denied |
Response WaivedIFP |
§2255-motion 28-usc-2255 criminal-procedure federal-procedure habeas-corpus judicial-review post-conviction-relief procedural-default successive-petitions |
Does asking the district court to reopen the habeas proceeding to consider all issues presented constitute a second or successive §2255 motion? |
| 18-6057 |
Omar Sosa-Gonzalez v. United States |
First Circuit |
2018-09-21 |
Denied |
Response WaivedIFP |
appeal criminal-procedure due-process exclusionary-rule first-circuit fourth-amendment probable-cause search-and-seizure sentencing standing statutory-interpretation |
Whether the First Circuit erred in affirming the district court's denial of petitioner's motion to suppress evidence obtained in violation of the Four… |
| 18-6066 |
Melvin Noel Vasquez v. United States |
Fifth Circuit |
2018-09-21 |
Denied |
Response WaivedIFP |
criminal-procedure de-novo-review downward-adjustment due-process federal-sentencing fifth-circuit minimal-role mitigating-role sentencing-guidelines sentencing-guidelines-3b1.2 standard-of-review |
Whether the Fifth Circuit's cursory review rather than the proper de novo review resulted in a misapplication of the provision of U.S.S.G. § 3B1.2 den… |
| 18-6067 |
Edward Lee Lewis v. United States |
Fourth Circuit |
2018-09-21 |
Denied |
Response WaivedIFP |
armed-career-criminal-act booker-standard circuit-split criminal-procedure due-process overserved-sentence plainly-unreasonable reasonableness revocation-sentence sentencing sentencing-standard standard-of-review supervised-release |
Whether the appropriate standard of review for a sentence following the revocation of supervised release is the plainly unreasonable' standard or the … |
| 18-6069 |
Joel Cadena v. United States |
Fifth Circuit |
2018-09-21 |
Denied |
Response WaivedIFP |
appeal case-holding circuit-split criminal-procedure due-process habeas-corpus legal-deferral pending-litigation petition-for-writ sentencing statutory-interpretation stay supreme-court supreme-court-review |
Whether this Court should hold the instant Petition until the resolution of Stokeling v. United States |
| 18-6072 |
Cristian Gamez Mendez v. United States |
Fifth Circuit |
2018-09-21 |
Denied |
Response WaivedIFP |
apprendi-v-new-jersey criminal-procedure due-process indictment jury-trial prior-conviction sentencing statutory-maximum |
Whether all facts - including the fact of a prior conviction - that increase a defendant's statutory maximum must be pleaded in the indictment and eit… |
| 18-6035 |
Zachary Chambers v. United States |
Third Circuit |
2018-09-20 |
Denied |
Response WaivedIFP |
abuse-of-discretion constitutional-rights criminal-procedure habeas-corpus ineffective-assistance-of-counsel plea-bargaining right-to-counsel sentencing sentencing-exposure sixth-amendment trial-counsel |
Whether the lower court abused its discretion in ruling that trial counsel's erroneous advice about petitioner's sentencing exposure if he proceed to … |
| 18-6047 |
Leo Llowlyn Seed v. Julie L. Jones, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2018-09-20 |
Denied |
IFP |
alibi appeal charging-information civil-rights constitutional-rights criminal-procedure cross-examination due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-instructions trial-counsel verdict-form witness-investigation |
Whether trial counsel was ineffective for multiple reasons |
| 18-6056 |
Harley Blevins, Sr. v. Florida |
Florida |
2018-09-20 |
Denied |
Response WaivedIFP |
almendarez-torres constitutional-law criminal-procedure criminal-punishment-code due-process jury-trial jury-verdict prior-conviction sentence-enhancement sentencing sentencing-enhancement sixth-amendment |
Whether Florida's Prison Releasee Reoffender Act is unconstitutional and a violation of the Sixth Amendment in light of Hurst v. Florida, Alleyne v. U… |
| 18-6063 |
Craig Alexander v. United States |
Fifth Circuit |
2018-09-20 |
Denied |
Response WaivedIFP |
appeals criminal-history criminal-procedure disciplinary-infractions due-process judicial-discretion judicial-interpretation section-3582 sentencing sentencing-discretion sentencing-guidelines statutory-interpretation |
Whether the Supreme Court should resolve split decisions in the lower court as to how far a Judge must explain and/or elaborate on a decision to grant… |
| 18-369 |
Fidencio Valdez v. Texas |
Texas |
2018-09-20 |
Denied |
|
circumstantial-evidence constitutional-due-process criminal-procedure due-process false-evidence false-testimony perjury prosecutorial-misconduct tacit-agreement timely-objection trier-of-fact void-for-vagueness witness-testimony |
Whether a defendant must timely object to a prosecutor's use of false or perjured evidence |
| 18-361 |
Lael J. Alleyne v. Pennsylvania |
Pennsylvania |
2018-09-19 |
Denied |
|
appeal appellate-review criminal-law criminal-procedure due-process imperfect-self-defense jury-instructions manslaughter self-defense supreme-court-pennsylvania trial-court-error voluntary-manslaughter |
Whether the Supreme Court of Pennsylvania erred in denying a Petition for Allowance of Appeal despite the trial court's improper exclusion of voluntar… |
| 18-6030 |
Jason M. Smith v. United States |
Second Circuit |
2018-09-19 |
Denied |
Response WaivedIFP |
appeal-waiver appellate-waiver collateral-attack constitutional-rights criminal-procedure due-process plea-agreement public-policy sentencing |
Whether a plea agreement in which a defendant agrees to waive his right to appeal and collaterally attack any legal sentence imposed violates due proc… |
| 18-6034 |
In Re Gregory Wayne Burwell |
|
2018-09-19 |
Denied |
Response WaivedIFP |
criminal-procedure federal-grand-jury federal-rules-of-criminal-procedure fifth-amendment firearm-offenses forged-indictment grand-jury indictment-validity non-existent-crimes non-existent-offenses sentencing subject-matter-jurisdiction |
Whether the District Court and Fourth Circuit Court of Appeal's had subject matter jurisdiction over the criminal case |
| 18-6038 |
Carlos D. Villavicencio v. Julie L. Jones, Secretary, Florida Department of Corrections |
Florida |
2018-09-19 |
Denied |
Relisted (2)IFP |
14th-amendment criminal-procedure double-jeopardy due-process jurisdiction nolle-prosequi prosecutorial-misconduct speedy-trial statute-of-limitations |
Whether the prosecution (State of Florida) retained jurisdiction after the speedy trial period expired |
| 18-6040 |
Daniel Lee Thornberry v. Ralph Diaz, Acting Secretary, California Department of Corrections and Rehabilitation |
Ninth Circuit |
2018-09-19 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure due-process habeas-corpus sentencing standing |
Does the petition state a substantial showing of the denial of a constitutional right cognizable on 28 USC 2254 and under 28 USC 2255(2)? |
| 18-6041 |
Robert Burse v. United States |
Fifth Circuit |
2018-09-19 |
Denied |
Response WaivedIFP |
appeal appellate-review criminal-procedure cross-reference district-court error firearms-offense review sentencing-guidelines u.s.s.g.-§-2k2.1(c)(1)(a) u.s.s.g.-2k2.1(c)(1)(a) |
Whether the district court erred by applying the Sentencing Guidelines cross reference under U.S.S.G. § 2K2.1(c)(1)(A) |
| 18-6042 |
Ronald Eric Ary v. United States |
Fifth Circuit |
2018-09-19 |
Denied |
Response WaivedIFP |
criminal-law criminal-procedure criminal-sentencing deferred-adjudication due-process indictment jury-trial prior-conviction sentencing sentencing-enhancement statutory-maximum |
Whether a Texas deferred adjudication qualifies as a prior conviction for sentencing enhancement |
| 18-5978 |
John Robert Register, Jr. v. United States |
Eleventh Circuit |
2018-09-18 |
Denied |
Response WaivedIFP |
career-offender civil-rights criminal-procedure drug-possession due-process plain-error prior-convictions sentencing sentencing-enhancement sentencing-guidelines statutory-interpretation |
Did the court commit a plain error by applying a career offender enhancement to petitioner, even though his prior convictions neither of which had the… |
| 18-5982 |
Todd F. Britton-Harr v. United States |
Fifth Circuit |
2018-09-18 |
Denied |
Response WaivedRelisted (2)IFP |
constitutional-rights criminal-procedure guilty-plea ineffective-assistance ineffective-assistance-of-counsel lee-v-united-states prejudice prejudice-standard reasonable-person sixth-amendment |
Does the Court's decision in Lee v. United States, 137 S.Ct. 1958 (2017) allow lower courts to require a showing that a 'reasonable person' would have… |
| 18-5983 |
Louis Charlton v. United States |
Sixth Circuit |
2018-09-18 |
Denied |
Response WaivedIFP |
criminal-defense criminal-procedure due-process fair-opportunity fair-trial impartial-jury present-defense sixth-amendment trial-by-jury trial-rights |
Was Petitioner denied the Sixth Amendment guarantee of a trial by an impartial jury when he was not allowed a fair opportunity to present his defense … |
| 18-6014 |
Javier Vega-Orozco v. United States |
Fifth Circuit |
2018-09-18 |
Denied |
Response WaivedIFP |
alleyne almendarez-torres apprendi Certiorari criminal-procedure due-process sentencing sixth-amendment Supreme-Court |
Whether this Court should consider the continuing validity of Almendarez-Torres v. United States, 523 U.S. 244 (1998), in light of the reasoning of Ap… |
| 18-6016 |
Fabian Sandoval-Ramos v. United States |
Ninth Circuit |
2018-09-18 |
Denied |
Response WaivedIFP |
conspiracy controlled-substances criminal-procedure criminal-sentencing drug-offense due-process enhancement-factor mandatory-minimum-sentence mandatory-minimum-sentences sentencing sentencing-enhancements statutory-interpretation |
In order to trigger a mandatory minimum sentence, must the government allege and prove that an enhancement factor was the object of the conspiracy, or… |
| 18-6026 |
James Ray Booth v. Julie L. Jones, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2018-09-18 |
Denied |
Response WaivedIFP |
amendments appeals circuit-court-decision civil-procedure criminal-procedure due-process habeas-corpus judicial-review jurisdiction ministerial-correction procedural-relief sentence-amendment sentencing |
Whether the Circuit Court's decision nullified amendments to Petitioners' sentences and deprived him of the ability to seek habeas corpus relief in th… |
| 18-6028 |
Maurice Baum v. United States |
Fourth Circuit |
2018-09-18 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure drug-amount drug-crimes due-process ineffective-assistance ineffective-assistance-of-counsel plea-bargaining sentencing sixth-amendment |
Was Trial Counsel's failure to object to the District Court's determination and findings of the drug amount attributable to the Petitioner objectively… |
| 18-6029 |
Debra Ann Aquilina v. Sarah Davis, Administrator, Edna Mahan Correctional Facility, et al. |
Third Circuit |
2018-09-18 |
Denied |
Response WaivedIFP |
cause-of-death constitutional-rights criminal-procedure due-process expert-opinion expert-testimony ineffective-assistance ineffective-assistance-of-counsel medical-examiner right-to-counsel right-to-effective-counsel sixth-amendment trial-counsel trial-errors trial-proceedings |
Did the petitioner's trial counsel provide constitutionally ineffective assistance, violated petitioner's right to effective assistance of counsel, be… |
| 18-352 |
South Carolina v. Raymond Lewis Young |
South Carolina |
2018-09-18 |
Denied |
|
appellate-review batson-challenge batson-review constitutional-law criminal-procedure deference-to-trial-court discretionary-review equal-protection federal-question jury-selection peremptory-challenges racial-discrimination trial-court-deference |
Whether the South Carolina Court of Appeals erred in reversing Respondent's conviction on grounds that the trial court failed to conduct a proper Bats… |
| 18-6007 |
Valerie Louise Williams v. United States |
Fourth Circuit |
2018-09-17 |
Denied |
Response WaivedIFP |
advisory-guidelines appellate-review criminal-procedure downward-variance federal-sentencing federal-sentencing-guidelines judicial-discretion presumption-of-reasonableness sentencing sentencing-guidelines substantive-reasonableness |
Whether the Court Should Grant Certiorari to Provide Further Clarification as to the Presumption of Substantive Reasonableness for Downward Variances … |
| 18-5984 |
Murad H. Beyah v. New Jersey |
New Jersey |
2018-09-14 |
Denied |
Response WaivedIFP |
appellate-review civil-rights constitutional-rights criminal-procedure due-process government-misconduct habeas-corpus self-representation standing |
Whether HASAN MURAD OSTRES AND BRYAN was unconstitutionally deprived of the right to self-representation |
| 18-5985 |
Jeffery Dana Sparks v. Jeff Premo, Superintendent, Oregon State Penitentiary |
Oregon |
2018-09-14 |
Denied |
IFP |
constitutional-rights criminal-procedure cross-examination death-penalty evidence-presentation expert-testimony expert-witnesses ineffective-assistance ineffective-assistance-of-counsel prosecution-experts prosecution-theory trial-strategy |
Whether defense counsel in a death penalty trial provided effective assistance |
| 18-5993 |
Douglas Roy Burns v. Connie Horton, Warden |
Sixth Circuit |
2018-09-14 |
Denied |
Response WaivedIFP |
criminal-law criminal-procedure due-process evidence jury-instructions mens-rea specific-intent |
Whether a state court must constitutionally recognize and allow a defense in the form of testimony and/or other relevant evidence which disproves the … |
| 18-5994 |
Ricky Wayne White v. Arkansas |
Arkansas |
2018-09-14 |
Denied |
Response WaivedIFP |
criminal-procedure due-process habeas-corpus judicial-error legal-relief maximum-sentence misdemeanor-enhancement sentencing sentencing-error state-court-jurisdiction state-courts |
Is an error of a lower State Court in exceeding the maximum sentence legally allowed, cognizable for relief at any time? |
| 18-5996 |
Gene Lemay Barris v. United States |
Eighth Circuit |
2018-09-14 |
Denied |
Response WaivedIFP |
appeal criminal-procedure cruel-and-unusual-punishment due-process eighth-amendment fifth-amendment habeas-corpus ineffective-assistance-of-counsel sentencing unreasonable-sentence |
Whether the sentencing court erred in imposing an unreasonable sentence on the defendant in violation of the Eighth Amendment's prohibition on cruel a… |
| 18-5999 |
Joe Litton Bailey v. Louisiana |
Louisiana |
2018-09-14 |
Denied |
IFP |
criminal-conviction criminal-procedure due-process evidence habitual-offender jury-trial reasonable-doubt sentencing-enhancement sufficiency-of-evidence |
Was the evidence presented to the jury sufficient to convict Bailey beyond a reasonable doubt? |
| 18-335 |
Nathaniel Teamer v. Scott Lewis, Warden |
Fourth Circuit |
2018-09-14 |
Denied |
Response Waived |
constitutional-rights criminal-procedure due-process fair-trial judicial-bias jury-instructions south-carolina state-court supreme-court truth-seeking |
Does the South Carolina Supreme Court's acceptance of judges instructing the jury that its 'sole objective is to simply reach the truth of the matter'… |
| 18-5960 |
Kenneth Gharib v. Thomas H. Casey |
Ninth Circuit |
2018-09-13 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
civil-contempt coercive-confinement criminal-procedure due-process indefinite-confinement judicial-discretion recalcitrant-witness-statute witness-statute |
Whether the Recalcitrant Witness Statute's eighteen-month cap on coercive confinement, or a similarly objective measure, should inform the due process… |
| 18-5961 |
Vincent Michael Marino v. Barbara Rickard, Warden |
Fourth Circuit |
2018-09-13 |
Denied |
Response WaivedIFP |
appeals civil-rights collateral-attack constitutional-procedure criminal-procedure criminal-trial double-jeopardy due-process habeas-corpus jurisdiction jury-jeopardy supreme-court-precedent |
Whether the District Court, Appeals Court for the Second Circuit, and the Second Circuit Court of Appeals sitting En Banc committed reversible legal e… |
| 18-5973 |
Alvin Ramirez-De Jesus v. United States |
First Circuit |
2018-09-13 |
Denied |
Response WaivedIFP |
18-usc-3553(a) booker-standard criminal-procedure drug-conspiracy exclusionary-rule fourth-amendment probable-cause probation-revocation procedural-reasonableness reasonable-suspicion search-and-seizure sentencing-factors sentencing-guidelines substantive-reasonableness supervised-release |
Whether the First Circuit erred in affirming the district court's denial of the petitioner's motion to suppress evidence obtained in violation of the … |
| 18-5979 |
Malik Derry v. United States |
Third Circuit |
2018-09-13 |
Denied |
Response WaivedIFP |
5th-amendment 6th-amendment brady-v-maryland brady-violation conspiracy constitutional-rights criminal-procedure due-process federal-rules-of-criminal-procedure fifth-amendment law-of-case right-to-be-present right-to-counsel sixth-amendment suppression-of-evidence |
Whether the Fifth or Sixth Amendments, or Rules 43 and 44 of the Federal Rules of Criminal Procedure, are violated |
| 18-5926 |
Darnell Wilkins v. Jay Lane, Superintendent, State Correctional Institution at Fayette, et al. |
Third Circuit |
2018-09-12 |
Denied |
IFP |
civil-rights criminal-procedure due-process equitable-tolling guilty-plea habeas-corpus mental-health mental-incapacity pcra psychotropic-medications standing |
Did petitioner's mental incapacity not entitle him to equitable tolling? |
| 18-5929 |
David T. Odom v. United States |
Fourth Circuit |
2018-09-12 |
Denied |
Response WaivedIFP |
appeal conditional-plea conditional-plea-agreement criminal-procedure district-court due-process federal-appeals-court fourth-circuit plea-agreement standard-of-review statute-of-limitations |
Whether a defendant can make a knowing and voluntary decision under a conditional plea agreement when, believing he is preserving his Motion to Dismis… |
| 18-5944 |
Rafael Tanco-Pizarro v. United States |
First Circuit |
2018-09-12 |
Denied |
Response WaivedIFP |
18-usc-3553 18-usc-3583 criminal-procedure criminal-sentencing discovery due-process revocation revocation-hearing sentencing sentencing-guidelines statutory-interpretation supervised-release title-18-usc |
Whether the punishment factor of the federal sentencing statute, Title 18 U.S.C §3553(a)(2)(A), is a permissible or prohibited factor in sentencing a … |
| 18-5954 |
Don Ray White v. Texas |
Texas |
2018-09-12 |
Denied |
IFP |
civil-rights criminal-procedure double-jeopardy due-process ineffective-assistance-of-counsel jurisdiction standing |
Whether the lower court had jurisdiction to entertain the petitioner's claim that the indictment was presented without jurisdiction |
| 18-5956 |
James E. Whitney v. Arkansas |
Arkansas |
2018-09-12 |
Denied |
Response WaivedIFP |
appeal civil-procedure civil-rights criminal-procedure due-process evidence patent search-and-seizure standing takings |
Whether the petitioner's constitutional rights were violated by the state court's denial of his motion to suppress evidence obtained in violation of t… |
| 18-5957 |
Raul Arcila v. United States |
Ninth Circuit |
2018-09-12 |
Denied |
Response WaivedIFP |
21-usc-841 criminal-procedure drug-statute due-process evidentiary-issues jury-evidence jury-instructions plain-error proximate-cause sentencing-factor unfair-prejudice |
Whether the District Court committed plain error by allowing the government to convert a sentencing factor into a proximate cause element |
| 18-5924 |
Evangelisto Ramos v. Louisiana |
Louisiana |
2018-09-11 |
Judgment Issued |
Amici (12)Response RequestedResponse WaivedRelisted (9)IFP |
14th-amendment 6th-amendment constitutional-law constitutional-rights criminal-procedure due-process equal-protection fourteenth-amendment incorporation incorporation-doctrine racial-discrimination sixth-amendment stare-decisis unanimous-jury unanimous-verdict |
Whether the Fourteenth Amendment fully incorporates the Sixth Amendment guarantee of a unanimous verdict? |
| 18-5928 |
Ricardo Limon-Urenda v. United States |
Eighth Circuit |
2018-09-11 |
Denied |
Response WaivedIFP |
6th-amendment ambiguous-answer criminal-procedure hearing impartial-jury impartiality ineffective-assistance juror-impartiality jury-selection prospective-juror right-to-counsel sixth-amendment |
Whether trial counsel rendered ineffective assistance under the 6th Amendment |
| 18-5932 |
Ronald Jones v. Steven Johnson, Administrator, New Jersey State Prison, et al. |
Third Circuit |
2018-09-11 |
Denied |
Response WaivedIFP |
actual-innocence certificate-of-appealability constitutional-violation criminal-procedure due-process fifth-amendment fourteenth-amendment habeas-corpus medical-evidence section-2254 sixth-amendment state-conviction |
Whether Petitioner has shown clear and convincing evidence of a credible actual-innocence claim from his State conviction? |
| 18-5934 |
Deborah M. Wagner v. United States |
Fourth Circuit |
2018-09-11 |
Denied |
Response WaivedIFP |
appeal civil-procedure criminal-appeal criminal-law criminal-procedure district-court-jurisdiction due-process mandatory-victim-restitution-act mvra plea-agreement restitution restitution-order sentencing statutory-authority statutory-interpretation |
Whether the district court's restitution order was outside the statutory authority of the MVRA |
| 18-5938 |
Mark David Bailey v. Noah Nagy, Warden |
Sixth Circuit |
2018-09-11 |
Denied |
Response WaivedIFP |
brady-violation constitutional-error criminal-procedure due-process evidence expert-evidence habeas-corpus sixth-amendment sixth-circuit-review suppression-of-evidence |
Can a fairminded jurist exclude expert evidence indicating that someone else committed a murder based solely on the jurist's lay disagreement with the… |
| 18-308 |
Anthony Rayshon Bethea v. North Carolina |
North Carolina |
2018-09-11 |
Denied |
Amici (3)Response RequestedRelisted (2) |
civil-rights constitutional-challenge constitutional-law criminal-law criminal-procedure due-process ex-post-facto punitive-restrictions retroactive-application sex-offender-registration smith-v-doe |
Whether the retroactive application of North Carolina's sex offender registration statute violates the Ex Post Facto Clause |
| 18-313 |
Albon C. Diamond, III v. Florida |
Florida |
2018-09-11 |
Denied |
Response Waived |
criminal-procedure due-process effective-assistance-of-counsel impeachment ineffective-assistance ineffective-assistance-of-counsel medical-evidence medical-testimony sixth-amendment strategic-decisions strickland strickland-standard |
Whether the Sixth Amendment's guarantee of effective attorney representation requires a finding of ineffective assistance of counsel where the trial a… |
| 18-5912 |
Robert Kimmell v. United States |
Ninth Circuit |
2018-09-10 |
Denied |
Response WaivedIFP |
criminal-defense criminal-procedure criminal-procedure-disclosure drug-offense due-process fair-trial informant informant-disclosure jury-instructions lesser-included-offense relevance verdict-form witness-disclosure |
Did Kimmell establish that disclosure of the informant was relevant and helpful to his defense, or essential to a fair determination of his cause? |
| 18-5921 |
Jeffrey Allen Stevens v. United States |
Tenth Circuit |
2018-09-10 |
Denied |
Response WaivedIFP |
1st-amendment civil-procedure civil-rights civil-unrest constitutional-rights criminal-procedure due-process first-amendment free-speech jury-trial law-enforcement-misconduct standing |
Are Predictions of Civil Unrest or Violent Revolt Protected Speech under the First Amendment? |
| 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… |
| 18-5913 |
Alfonso Escobedo Garcia v. United States |
Fifth Circuit |
2018-09-07 |
Denied |
Response WaivedIFP |
circuit-split criminal-procedure empirical-basis fifth-circuit judicial-review methamphetamine-sentencing presumption-of-reasonableness reasonableness-review second-circuit sentencing-commission sentencing-guidelines |
Is a sentence imposed under the methamphetamine sentencing guideline entitled to a presumption of reasonableness? |
| 18-5914 |
Jeffrey Scott Finney v. United States |
Ninth Circuit |
2018-09-07 |
Denied |
Response WaivedIFP |
28-usc-2255 acca acca-sentencing armed-career-criminal-act criminal-history criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel johnson-decision johnson-v-united-states post-conviction-relief sentencing violent-felony |
Whether the District Court erred in denying Jeffrey Finney's post-Johason motion for relief pursuant to 28 U.S.C. § 2255 |
| 18-5916 |
Juan Flores v. United States |
Eighth Circuit |
2018-09-07 |
Denied |
Response WaivedIFP |
admissibility casual-conversation co-conspirator co-conspirator-statement co-conspirator-statements conspiracy conspiracy-evidence criminal-procedure evidence evidentiary-standard federal-rule-of-evidence federal-rules-of-evidence furtherance-of-conspiracy hearsay-exception |
Whether the District Court and Eighth Circuit Court of Appeals erred in ruling that a statement made during a casual conversation between co-conspirat… |
| 18-5917 |
John Doe v. United States |
Third Circuit |
2018-09-07 |
Denied |
Response WaivedIFP |
appellate-review connected-conduct criminal-procedure federal-offense nexus obstruction obstructive-act reckless-endangerment relevant-conduct sentencing-guidelines |
Whether the Court of Appeals erred by affirming the judgment of the District Court, which incorrectly applied the Sentencing Guidelines |
| 18-5918 |
Jose Guerrero Lozano, Jr. v. Florida |
Florida |
2018-09-07 |
Denied |
Response WaivedIFP |
constitutional-provisions constitutional-rights criminal-procedure delay due-process florida-court ineffective-assistance ineffective-assistance-of-counsel legal-delay prejudice speedy-trial |
Whether the State of Florida Court or the Petitioner is more to blame for the delay. Whether, in due course, and petitioner asserted a claim of ineffe… |
| 18-298 |
Michael Vernon Beaty, Jr. v. South Carolina |
South Carolina |
2018-09-07 |
Denied |
Response Waived |
chapman-standard chapman-v-california constitutional-error criminal-procedure due-process due-process,criminal-procedure,constitutional-law, due-process,criminal-procedure,harmless-error,chap harmless-error judicial-review right-to-respond standard-of-review supreme-court-standard |
Does the South Carolina Supreme Court's standard for determining harmless constitutional error depart from this Court's mandates in Chapman v. Califor… |
| 18-5889 |
James Ronald Welch, Jr. v. Julie L. Jones, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2018-09-06 |
Denied |
Response WaivedIFP |
abuse-of-discretion appeals appellate-procedure appellate-review civil-procedure civil-rights court-procedure criminal-procedure due-process habeas-corpus judicial-discretion judicial-review legal-review standing |
Whether the U.S. Circuit Court Judge Kevin C. Newson erred in denying Appellant's appeal |
| 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… |
| 18-5905 |
Cortez Moore v. Illinois |
Illinois |
2018-09-06 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fair-trial judicial-bias officer-testimony opening-argument prosecutorial-misconduct sixth-amendment testifying-officers witness-credibility |
Whether the State of Illinois deprived Cortez Moore of a fair trial where during opening argument it repeatedly characterized the testifying officers … |
| 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 |
| 18-5899 |
Rashod Lewis v. United States |
Second Circuit |
2018-09-05 |
Denied |
Response WaivedIFP |
circuit-split civil-rights criminal-procedure due-process fifth-amendment probation self-incrimination |
Whether a probationer can be ordered to truthfully answer questions posed by his probation officer without a caveat that he still has the right to inv… |
| 18-5900 |
Juan Carlos Martinez-Barrientos v. United States |
Fifth Circuit |
2018-09-05 |
Denied |
Response WaivedIFP |
alleyne almendarez-torres apprendi constitutional-law criminal-law criminal-procedure due-process precedent-review sentencing sentencing-enhancement sixth-amendment statutory-interpretation supreme-court-review |
Whether this Court should consider the continuing validity of Almendarez-Torres v. United States, 523 U.S. 244 (1998), in light of the reasoning of Ap… |
| 18-288 |
Philip A. Mearing v. United States |
Fourth Circuit |
2018-09-05 |
Denied |
Amici (3) |
appellate-review appellate-waiver criminal-appeal criminal-defendant-waiver criminal-procedure due-process plea-agreement plea-bargaining restitution restitution-order sentencing sentencing-procedure statutory-interpretation |
Whether a criminal defendant's waiver of the right to appeal his 'sentence' covers an order of restitution |
| 18-5885 |
Kenneth Kennedy Shannon v. United States |
Fourth Circuit |
2018-09-05 |
Denied |
Response WaivedRelisted (2)IFP |
criminal-procedure drug-trafficking due-process evidence heroin-quantity motion-for-acquittal motion-for-new-trial motion-to-suppress search-and-seizure sentencing sufficiency-of-evidence title-iii-wiretap verdict-acquittal |
Did the trial court err in denying the Petitioner's Motion for Verdict of Acquittal and for New Trial, because the evidence taken in the light most fa… |
| 18-5857 |
Jeffrey Latimore v. Julie L. Jones, Secretary, Florida Department of Corrections |
Florida |
2018-09-04 |
Denied |
Response WaivedIFP |
competency competency-hearing constitutional-rights criminal-procedure due-process habeas-corpus mental-competency plea-agreement plea-bargaining right-to-counsel state-attorney-office state-court state-courts trial-court |
WHETHER TRIAL COURT ABUSED THEIR AUTHORITY BY DENYING PETITIONER LATIMORE A COMPETENCY HEARING BEFORE A PLEA AGREEMENT |
| 18-5864 |
Benjamin Patrick Lee v. Suzanne M. Peery, Warden |
Ninth Circuit |
2018-09-04 |
Denied |
IFP |
civil-rights criminal-procedure double-jeopardy due-process equal-protection free-exercise habeas-corpus right-to-counsel state-laws |
Whether the California state court system completely violates the due process and equal protection clauses of the U.S. Constitution and the rights of … |
| 18-5865 |
Gary L. Pennington v. Michael Clark, Superintendent, State Correctional Institution at Albion, et al. |
Pennsylvania |
2018-09-04 |
Denied |
Response WaivedIFP |
capital-offense constitutional-rights criminal-procedure due-process first-degree-murder fourteenth-amendment state-law substantive-due-process |
Whether petitioner's conviction of first degree murder violated the constitutionally protected state-created liberty interest guaranteed under the Fou… |
| 18-5867 |
Harvey Preston v. Willie Smith, Warden |
Sixth Circuit |
2018-09-04 |
Denied |
Response WaivedIFP |
actual-innocence constitutional-error criminal-procedure federal-review gateway gateway-claim habeas habeas-corpus mcquiggin-v-perkins perkins-v-mcquiggins standard-of-review |
Whether the Petitioner has presented a credible claim of actual innocence to warrant reversal of the offenses of carjacking, home-invasion-first-degre… |
| 18-5872 |
Miguel Medina-Reyes v. United States |
Fifth Circuit |
2018-09-04 |
Denied |
Response WaivedIFP |
3553(a) drug-trafficking federal-criminal-justice-system pre-sentence-report sentencing 3553(a) 3553(a)-factors 3553a-factors abuse-of-discretion amendment-782 criminal-procedure drug-amount drug-quantity-attribution drug-trafficking-conspiracy due-process pre-sentence-report sentencing sentencing-discretion threshold |
Whether Petitioner's due process rights were violated |
| 18-5875 |
John Vivo, III v. Connecticut |
Connecticut |
2018-09-04 |
Denied |
Response WaivedIFP |
civil-procedure constitutional-provisions court-review criminal-procedure due-process judicial-discretion jurisdiction legal-procedure plain-error plain-error-doctrine state-court-review statement-of-the-case statutory-exception statutory-interpretation |
Whether the state court of last resort erred by declining to review the petitioner's request for review under the plain-error doctrine and the applica… |
| 18-269 |
Alan Mapuatuli, et al. v. Matthew G. Whitaker, Acting Attorney General |
Ninth Circuit |
2018-09-04 |
Denied |
|
attorney-client-privilege attorney-work-product civil-rights confidential-communication confidentiality criminal-procedure due-process federal-inmates prison-litigation-reform-act prosecutorial-misconduct sixth-amendment work-product-doctrine |
Sixth Amendment right to counsel violated by interception of prison emails with counsel |
| 18-5747 |
Javier Amador-Flores v. United States |
Tenth Circuit |
2018-08-31 |
Denied |
Response WaivedIFP |
circuit-split criminal-procedure evidence evidence-law expert-testimony federal-rules-of-evidence law-enforcement lay-opinion lay-opinion-testimony lay-testimony specialized-knowledge witness-testimony |
When a law-enforcement agent expressly compares the events in a case to what is typical in other cases he has investigated, is his opinion based on 's… |
| 18-5849 |
Jose Soza v. Julie L. Jones, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2018-08-31 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fifth-amendment fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel jury-instructions sixth-amendment state-postconviction |
Whether state trial counsel rendered constitutionally ineffective assistance of counsel |
| 18-5854 |
Joe Leonard Lambright v. Arizona |
Arizona |
2018-08-31 |
Denied |
Response WaivedIFP |
criminal-procedure double-jeopardy due-process incarceration-credit life-sentence parole sentencing statutory-interpretation |
When a defendant's death sentence is vacated and a life sentence with the possibility of parole after 25 years imposed in its place, is the Due Proces… |
| 18-5837 |
David Lee Roberts v. Alabama |
Alabama |
2018-08-30 |
Denied |
IFP |
capital-sentencing criminal-procedure death-penalty federal-law hurst-v-florida judicial-findings jury-sentencing jury-verdict retroactivity ring-v-arizona |
Did Hurst invalidate Alabama's capital sentencing scheme? |
| 18-5846 |
Dustin Xavier Wilkins, aka Dxavier Wilkins, aka Xavier Wilkins, aka Chosen Wilkins v. United States |
District of Columbia |
2018-08-30 |
Denied |
Response WaivedIFP |
6th-amendment appeal court-appointed-counsel criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel post-conviction-relief sentencing sentencing-hearing |
Whether the petitioner should be allowed to withdraw his guilty plea based on ineffective assistance of counsel |
| 18-5847 |
Jaime Shakur Garcia v. United States |
Fifth Circuit |
2018-08-30 |
Denied |
Response WaivedIFP |
certiorari-petition chavez-meza circuit-split criminal-procedure en-banc en-banc-review plain-error reasonableness remand sentencing sentencing-reasonableness |
Should this Court hold this Petition until the court below renders its forthcoming en banc decision in United States v. Reyes-Contreras? |
| 18-5806 |
Edwin David Corbett v. Washington |
Washington |
2018-08-29 |
Denied |
IFP |
criminal-procedure due-process habeas-corpus insufficient-evidence jackson-v-virginia post-conviction-relief statute-of-limitations sufficiency-of-evidence time-limitation |
Whether the one-year limitations period under Washington's Revised Code §10.73.100(4) bars a petitioner from relitigating a sufficiency of evidence cl… |
| 18-5808 |
Rafael Angel Rondon v. United States |
Eleventh Circuit |
2018-08-29 |
Denied |
Response WaivedRelisted (2)IFP |
18-usc-924c 6th-amendment constitutional-law crimes-of-violence criminal-procedure due-process federal-law jury-instructions residual-clause sentencing sixth-amendment statutory-interpretation supreme-court-precedent violent-crime |
Whether the Eleventh Circuit's 18 U.S.C. § 924(c) pattern jury instruction violates the Sixth Amendment |
| 18-5810 |
Laureano Chirino Rivera v. United States |
Eleventh Circuit |
2018-08-29 |
Denied |
Response WaivedRelisted (2)IFP |
appeal civil-rights constitutional-rights criminal-procedure due-process evidence government-error government-misconduct judicial-error sentencing sentencing-enhancement standing |
Violation of all constitutional rights, illegal sentence and detention |
| 18-5811 |
Eusebio Escobar De Jesus v. United States |
First Circuit |
2018-08-29 |
Denied |
Response WaivedIFP |
appeals appeals-court criminal-procedure district-court due-process gall-v-united-states guideline-range guidelines molina-martinez-v-united-states offense-level procedural-error rosales-mireles-v-united-states sentencing sentencing-guidelines |
Whether the Appeals Court erroneously concluded Petitioner failed to state a claim, reasoning for want of a substantial question |
| 18-5812 |
In Re Richard DeCaro |
|
2018-08-29 |
Denied |
Relisted (2)IFP |
appellate-review constitutional-interpretation constitutional-law criminal-law criminal-procedure doctrinal-underpinnings double-jeopardy due-process gamble-v-united-states innocence original-meaning re-adjudication separate-sovereigns separate-sovereigns-exception |
Whether the Court should overrule the 'separate sovereigns' exception to the Double Jeopardy Clause |
| 18-5815 |
Jose Francisco Puentes v. Charles L. Ryan, Director, Arizona Department of Corrections, et al. |
Ninth Circuit |
2018-08-29 |
Denied |
IFP |
14th-amendment 6th-amendment arizona-statute civil-rights constitutional-rights criminal-procedure due-process equal-protection ineffective-assistance ineffective-assistance-of-counsel standing |
Does the Arizona statute 13-1410 violate the petitioner's 14th Amendment rights? |
| 18-5821 |
Thomas Lee Farmer v. United States |
Eighth Circuit |
2018-08-29 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
2255-relief collateral-review concurrent-sentence-doctrine constitutional-law criminal-procedure due-process habeas-corpus johnson-v-united-states multiple-sentences retroactive-constitutional-rule retroactive-review retroactivity section-2255 sentencing sentencing-law |
Whether the concurrent sentence doctrine should be applied to deny § 2255 relief |
| 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… |
| 18-5823 |
Alonzo D. Marshall v. United States |
District of Columbia |
2018-08-29 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review criminal-procedure due-process evidentiary-hearing innocence innocence-claim post-conviction-relief section-23-110 trial-court-discretion witness-credibility |
Whether the court of appeals erred in affirming the trial court's decision to deny the defendant's Section 23-110 motion following an evidentiary hear… |
| 18-5824 |
James Eugene Larive, Jr. v. United States |
Eighth Circuit |
2018-08-29 |
Denied |
Response WaivedIFP |
criminal-procedure discovery due-process entrapment evidence fair-trial fourth-amendment parallel-construction search-and-seizure traffic-stop |
Whether the government's use of 'parallel construction' to conceal the true source of evidence violates the defendant's right to a fair trial |
| 18-5826 |
John C. Carter v. Antoine Caldwell, Warden |
Eleventh Circuit |
2018-08-29 |
Denied |
Response WaivedIFP |
appeal appellate-procedure civil-rights constructive-denial-of-counsel criminal-appeal criminal-procedure critical-stage-of-appeal due-process equal-protection habeas-corpus ineffective-assistance-of-counsel right-to-counsel state-criminal-trial-court state-law-limitations |
Whether the right to have assistance of counsel extends to the appeal stage of the trial proceedings, where the petitioner was allegedly denied such a… |
| 18-5828 |
Adolfo Lopez-Garcia v. United States |
Seventh Circuit |
2018-08-29 |
Denied |
Response WaivedIFP |
18-usc-3553(a) 18-usc-3553a 18-usc-3582(c)(2) 3582c-motion amendment-782 criminal-procedure criminal-sentencing district-court procedural-reasonableness sentence-reduction sentencing-discretion sentencing-error sentencing-guidelines statutory-directive statutory-interpretation substantive-error substantive-reasonableness sufficient-but-not-greater-than-necessary |
Whether the District Court Committed substantive error when failed to impose a sentence that was sufficient but not greater than necessary to comply w… |
| 18-5831 |
Willie Riley Curry v. United States |
Sixth Circuit |
2018-08-29 |
Denied |
Response WaivedIFP |
4th-amendment 6th-circuit age-of-victim byrd-v-united-states carpenter-v-united-states criminal-procedure due-process fourth-amendment gvr plain-error scienter search-and-seizure sixth-circuit-review statutory-interpretation |
Does Carpenter and Byrd require a GVR in this case? |
| 18-5770 |
John Denton Rouse, Jr. v. United States |
Eleventh Circuit |
2018-08-28 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
but no text of a SCOTUS petition was provided in I cannot generate a question presented or identif please include the full text of the petition. chapman-v-united-states criminal-procedure drug-quantity due-process mandatory-minimum market-oriented-approach sentencing statutory-interpretation |
Whether the government may commingle substances that pose an identifiable danger of misidentification to produce an aggregate mixture or substance con… |
| 18-5771 |
Jim Walter Qualls, Jr. v. United States |
Tenth Circuit |
2018-08-28 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
circuit-split criminal-procedure federal-courts felony-case guilty-plea judicial-authority jurisdiction magistrate-judge magistrate-judges plea-bargaining statutory-interpretation |
Whether a United States Magistrate Judge has statutory authority to accept a guilty plea in a felony case and adjudge a defendant guilty |
| 18-5783 |
Robert A. Cotton v. County of San Bernardino, California, et al. |
Ninth Circuit |
2018-08-28 |
Denied |
IFP |
brady-evidence brady-v-maryland brady-violation civil-rights criminal-procedure due-process issue-preclusion judicial-immunity jury-trial manuel-v-city-of-joliet ninth-circuit preliminary-hearing qualified-immunity self-defense |
Was the Ninth Circuit's affirmance of the dismissal based on issue preclusion in violation of Manuel v. City of Joliet? |
| 18-5789 |
John Thompson v. United States |
Second Circuit |
2018-08-28 |
Denied |
Response WaivedIFP |
appellate-procedure certificate-of-appealability criminal-procedure district-court due-process habeas-corpus jurists-of-reason motion-for-appeal procedural-default procedural-ruling second-circuit standard-of-review standing |
Whether the United States Court of Appeals for the Second Circuit erred in denying Thompson's Motion for Certificate of Appealability |
| 18-5797 |
Carlos Gutierrez-Torres v. United States |
Ninth Circuit |
2018-08-28 |
Denied |
Response WaivedIFP |
appellate-procedure appellate-review circuit-split criminal-procedure judicial-discretion plain-error preservation-of-error sentencing sentencing-review |
Whether a defendant must re-object to the district court's explanation of its sentencing rationale to preserve the arguments for appeal |
| 18-5804 |
Abdoulaye Diallo v. United States |
Third Circuit |
2018-08-28 |
Denied |
Response WaivedIFP |
criminal-procedure due-process evidence fraud indictment-delay insufficient-evidence loss-calculation motion-for-acquittal prosecutorial-misconduct reasonable-doubt sentencing snap-fraud statutory-interpretation sufficiency-of-evidence |
Whether the District Court failed to grant Petitioner's motion for acquittal due to insufficient evidence of knowledge of fraudulent SNAP transactions |
| 18-255 |
George Briscoe v. Texas |
Texas |
2018-08-28 |
Denied |
|
criminal-procedure defendant-rights due-process fair-trial indictment indictment-amendment indictment-modification jury-selection prosecutorial-discretion statutory-interpretation texas-criminal-procedure vagueness |
Can a defendant receive a fair trial when the plain language of a statute is ignored to allow the government to change the indictment after a jury has… |
| 18-5748 |
Rory Allen Meeks v. United States |
Eighth Circuit |
2018-08-27 |
Denied |
Response WaivedIFP |
alleyne-v-united-states appellate-review constructive-amendment criminal-procedure drug-offense drug-offenses jury-instructions mccoy-v-louisiana mens-rea sentencing sixth-amendment |
Whether reasonable jurists might debate the application of Alleyne and Apprendi to mens rea and constructive amendment |
| 18-5767 |
Fox Joseph Salerno v. Jo Lynn Gentry, Judge, Superior Court of Arizona, Maricopa County, et al. |
Arizona |
2018-08-27 |
Denied |
IFP |
bill-of-attainder constitutional-law criminal-procedure due-process ex-post-facto ineffective-assistance-of-counsel plea-bargaining retroactive-application retroactivity |
Did the State Trial Court err by unconstitutionally using Federal case laws of Missouri v. Frye/Lafler v. Cooper and applying it retroactively thus vi… |
| 18-5776 |
Carlos Placeres-Cruz v. United States |
Ninth Circuit |
2018-08-27 |
Denied |
Response WaivedIFP |
breach-of-contract circuit-split criminal-procedure duty-of-candor judicial-interpretation plea-agreement prosecutor-misconduct prosecutorial-discretion sentencing-recommendation |
Where some courts hold that a prosecutor commits an implicit breach of a plea agreement by proffering statements undermining the agreed, sentencing re… |
| 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 |
| 18-5779 |
Ray Cobia v. Ohio, et al. |
Sixth Circuit |
2018-08-27 |
Denied |
Response WaivedIFP |
2004-conviction 2012-conviction civil-rights criminal-procedure due-process equal-protection prosecutorial-misconduct sentencing |
Whether the petitioner was afforded due process in the 2004 conviction and 2012 conviction, and why the conduct was prosecuted so harshly |
| 18-5734 |
Robert Dennis Martin v. Oklahoma |
Oklahoma |
2018-08-24 |
Denied |
IFP |
4th-amendment civil-rights constitutional-waiver criminal-procedure due-process due-process,criminal-procedure,4th-amendment,stand fourth-amendment jury-verdict police-stop reasonable-doubt standing |
Can Oklahoma adopt a rule of law regarding the waiver of a fundamental constitutional right that does not meet the minimum criteria for such waivers s… |
| 18-5739 |
Terril Kinchen v. United States |
Eleventh Circuit |
2018-08-24 |
Denied |
Response WaivedIFP |
bank-fraud civil-procedure constitutional-law criminal-law criminal-procedure due-process habeas-corpus ineffective-assistance sentencing standing statutory-interpretation supreme-court supreme-court-precedent |
Whether the federal bank fraud statute plainly covered the defendant's conduct |
| 18-5745 |
Miguel Anthony Molina v. United States |
Eleventh Circuit |
2018-08-24 |
Denied |
Response WaivedIFP |
841(a)(1) 922(g)(1) 924(e) criminal-procedure due-process ineffective-assistance jury-trial sentencing-enhancement sixth-amendment |
Did the judge violate the defendant's Sixth Amendment right to a jury trial? |
| 18-5750 |
Santos Cuevas v. Brandon Kelly, Superintendent, Oregon State Penitentiary |
Oregon |
2018-08-24 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure due-process equal-protection ex-post-facto free-speech sex-offender-registration standing |
Whether the United States Constitution's Ex Post Facto Clause prohibits a state from convicting a defendant for a statutory sexual offense based on pa… |
| 18-5751 |
William Burke v. Georgia |
Georgia |
2018-08-24 |
Denied |
Response WaivedIFP |
adversarial-process constitutional-fairness criminal-procedure double-jeopardy due-process evidence evidence-review fair-trial judicial-review jury-instructions post-conviction-review prosecutorial-discretion prosecutorial-misconduct trial-strategy |
At what point does it become fundamentally unfair to 'adjust the charges to the evidence'? |
| 18-5754 |
Ivan Rodrigo Campillo Restrepo v. United States |
Eleventh Circuit |
2018-08-24 |
Denied |
Response WaivedIFP |
circuit-precedent criminal-procedure criminal-sentencing habeas-corpus jurisdiction mandate-recall penal-term retroactivity sentencing statutory-maximum supreme-court-ruling writ-of-certiorari |
whether-recall-of-mandate-should-issue |
| 18-5756 |
Shondolyn Rochelle Blevins v. United States |
Fifth Circuit |
2018-08-24 |
Denied |
Response WaivedIFP |
appeal constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-discretion jury-instructions |
Did the District Court abuse its discretion when it denied the Petitioner's 28 U.S.C. 2255 motion without an evidentiary hearing? |
| 18-5757 |
Michael L. Berry v. Walter Nicholson, Warden |
Seventh Circuit |
2018-08-24 |
Denied |
Response WaivedIFP |
appeals civil-rights criminal-procedure due-process evidence habeas-corpus jury-instructions sentencing standing |
Whether the petitioner's federal constitutional claims were properly presented and preserved for review by the lower courts |
| 18-240 |
Kirk Tang Yuk v. United States |
Second Circuit |
2018-08-24 |
Denied |
Response Waived |
co-conspirator-testimony criminal-procedure criminal-venue due-process government-overreach jurisdiction prosecutorial-discretion prosecutorial-misconduct sixth-amendment telephone-call-evidence venue venue-manipulation witness-location |
Whether a prosecutor can manufacture venue in a particular district solely by bringing a cooperating witness to a favored district and having the witn… |
| 18-237 |
Gary Thomas and Felix Parrilla v. United States |
Second Circuit |
2018-08-23 |
Denied |
Response Waived |
6th-amendment civil-procedure conspiracy-venue constitutional constitutional-venue cooperating-witness criminal-procedure due-process federal-rules-of-criminal-procedure government-witness manufactured-venue prosecutorial-discretion sixth-amendment venue venue-determination venue-manipulation venue-provisions witness-cooperation |
Whether it is permissible under the venue provisions of the U.S. Constitution Article III, § 2, cl. 3; the Sixth Amendment; and Federal Rules of Crimi… |
| 18-238 |
South Carolina v. Lamont Antonio Samuel |
South Carolina |
2018-08-23 |
Denied |
|
court-of-appeals criminal-procedure defendant-rights due-process ethics faretta-v-california judicial-conduct judicial-discretion judicial-integrity self-representation sixth-amendment unethical-conduct |
Did the South Carolina Supreme Court err when it held — in conflict with many federal courts of appeals — that a trial court may not deny a criminal d… |
| 18-5676 |
Ernest Morris v. Pennsylvania |
Third Circuit |
2018-08-23 |
Denied |
IFP |
cell-phone-records cell-phone-tower-records constitutional-rights criminal-procedure double-jeopardy duress-defense fair-trial ineffective-assistance ineffective-assistance-of-counsel standing suppression trial-counsel unqualified-counsel |
Did counsel provide ineffective assistance of counsel? |
| 18-5705 |
George Easterly v. Florida |
Florida |
2018-08-23 |
Denied |
Response WaivedIFP |
criminal-procedure exculpatory-evidence impeachment-evidence ineffective-assistance ineffective-assistance-of-counsel involuntary-plea plea-bargaining plea-voluntariness postconviction-relief probable-cause probable-cause-affidavit search-and-seizure search-warrant voluntariness-of-plea |
Whether the Florida Court of Appeals unreasonably applied this Court's precedent |
| 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 |
| 18-5715 |
Thomas A. Sweeney v. United States |
Sixth Circuit |
2018-08-23 |
Denied |
Response WaivedIFP |
4th-amendment criminal-procedure fourth-amendment griffin-v-wisconsin law-enforcement parole parole-search-and-seizure privacy-rights probation probation-supervision samson-v-california search-and-seizure stalking-horse |
Did this Court's decision in Samson v. California overturn the 'stalking horse' doctrine? |
| 18-5717 |
Anousone Savanh v. United States |
Ninth Circuit |
2018-08-23 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure defense-expert due-process expert-testimony federal-rules-of-evidence ninth-circuit-review right-to-present-defense |
May a court exclude a defense expert in a criminal case for failing to possess qualifications that Federal Rule of Evidence 702 does not require, the … |
| 18-5718 |
James Willis Campbell, Sr. v. Virginia |
Virginia |
2018-08-23 |
Denied |
Relisted (2)IFP |
4th-amendment appellate-procedure appellate-review civil-rights constitutional-law criminal-procedure due-process exclusionary-rule fourth-amendment jurisdiction probable-cause search-and-seizure search-warrant standard-of-review |
Did the Supreme Court of Virginia err in reversing the Court of Appeals of Virginia's ruling and affirming the judgment of the trial court? |
| 18-5719 |
Alan Bartlett v. Susanna C. Pineda, Judge, Superior Court of Arizona, Maricopa County, et al. |
Arizona |
2018-08-23 |
Denied |
Relisted (2)IFP |
6th-amendment arizona-constitution arizona-criminal-procedure civil-rights criminal-procedure due-process interstate-agreement-on-detainers mandamus speedy-trial standing |
Whether Respondent Judge denied Petitioner Bartlett's Motion to Dismiss the lack of speedy trial in violation of the 6th Amendment to the United State… |
| 18-5720 |
Alan Bartlett v. Susanna C. Pineda, Judge, Superior Court of Arizona, Maricopa County, et al. |
Arizona |
2018-08-23 |
Denied |
Relisted (2)IFP |
14th-amendment 5th-amendment appeal civil-rights criminal-procedure double-jeopardy due-process fifth-amendment |
Whether Respondent Judge Susanne C. Pineda abused discretion in denying Petitioner Bartlett's motion to dismiss for double jeopardy, in violation of h… |
| 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… |
| 18-5728 |
Wesley Brian Earnest v. Keith W. Davis, Warden, et al. |
Virginia |
2018-08-23 |
Denied |
Response WaivedIFP |
14th-amendment 1st-amendment civil-procedure due-process equal-protection standing civil-rights criminal-procedure due-process habeas-corpus prisoner-rights standing |
Whether the Virginia Supreme Court erred in denying the petitioner's appeal for a writ of habeas corpus |
| 18-5731 |
Heather Jo Cox v. United States |
Sixth Circuit |
2018-08-23 |
Denied |
Response WaivedIFP |
civil-rights constitutional-review criminal-justice-reform-act criminal-procedure due-process equitable-tolling johnson-ruling johnson-v-united-states second-successive-filing successive-filing successive-petitions vagueness vagueness-doctrine vagueness-standard |
Did the lower court err in denying relief where this court has recognized robbery/burglary as vague under Johnson? |
| 18-5735 |
Harry Lonzo-Bolton Ervin v. Michigan |
Michigan |
2018-08-23 |
Denied |
IFP |
apprendi-alleyne-rule apprendi-v-new-jersey constitutional-rule criminal-procedure criminal-sentencing habeas-corpus montgomery-v-louisiana retroactivity sentencing sentencing-range sixth-amendment teague-v-lane |
Whether the Apprendi-Alleyne rule should be applied retroactively |
| 18-5675 |
David Pate v. United States |
Fourth Circuit |
2018-08-22 |
Denied |
Response WaivedIFP |
appellate-procedure appellate-review constitutional-law criminal-procedure due-process government-overreach plea-bargaining right-to-appeal |
Is a defendant's right to due process of law violated when the government requires an appeal waiver as part of a plea agreement? |
| 18-5691 |
Darryl Jerome Baker v. R. C. Cheatham, Warden |
Eleventh Circuit |
2018-08-22 |
Denied |
IFP |
2241-habeas 2241-motion 2255-motion 5th-amendment constitutional-rights criminal-procedure due-process fifth-amendment savings-clause state-priors title-28 unconstitutional-enhancement |
Whether the Petitioner's Fifth Amendment Rights are violated |
| 18-5693 |
Arlow Antone Kay v. United States |
Ninth Circuit |
2018-08-22 |
Denied |
Response WaivedIFP |
making robust appellate review unnecessary appellate-review constitutional-interpretation criminal-procedure criminal-sentencing district-court district-court-discretion sentencing sentencing-guidelines united-states-v-booker |
Have the departure provisions of the United States Sentencing Guidelines been rendered 'obsolete' and 'superfluous' by this Court's opinion in United … |
| 18-5697 |
James R. Reece v. L. Ray Whitley, et al. |
Sixth Circuit |
2018-08-22 |
Denied |
IFP |
criminal-procedure criminal-proceedings critical-stage indigent-prisoner new-trial post-trial pre-appeal right-to-counsel sixth-amendment subject-matter-jurisdiction |
Whether a post-trial pre-appeal motion for new trial is a critical stage of state criminal proceedings protected by right-to-counsel |
| 18-5700 |
Jerry Docaj v. Steven Johnson, Administrator, New Jersey State Prison, et al. |
Third Circuit |
2018-08-22 |
Denied |
IFP |
criminal-law criminal-procedure due-process fair-trial fourteenth-amendment ineffective-assistance jury-instructions manslaughter miranda-rights passion-provocation sixth-amendment |
Whether the jury instruction on passion/provocation manslaughter misstated the law |
| 18-5701 |
Stephen Aguiar v. United States |
Second Circuit |
2018-08-22 |
Denied |
Response WaivedIFP |
appeal coram-nobis criminal-conviction criminal-procedure due-process federal-court federal-courts fifth-amendment habeas-corpus second-circuit-dismissal sentence sentencing-appeal writ-of-error-coram-nobis |
Did the Second Circuit err by dismissing petitioner's appeal? |
| 18-227 |
Justin Michael Wolfe v. Virginia |
Virginia |
2018-08-22 |
GVR |
Response RequestedResponse WaivedRelisted (2) |
appeal appellate-review class-precedent class-v-united-states constitutional-authority constitutional-law criminal-procedure criminal-procedure-plea-bargaining double-jeopardy due-process guilty-plea plea-bargaining state-court state-court-appeals vindictive-prosecution |
Whether a guilty plea in state court waives the right to raise on appeal the constitutional authority of the State to prosecute based on a claim of vi… |
| 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… |
| 18-5673 |
Eugene Smalls v. United States |
Fourth Circuit |
2018-08-21 |
Denied |
Response WaivedIFP |
career-offender civil-rights criminal-procedure due-process federal-sentencing lochner sentencing sentencing-commission-guidelines sixth-amendment state-federal-relations statutory-interpretation |
Does the 'heightened' Lochner standards of W.G. Abel v. Estelle, AHR, override the state and federal sentencing guidelines of the motion of the judge,… |
| 18-5679 |
William J. O'Brien, III v. United States |
Third Circuit |
2018-08-21 |
Denied |
Response WaivedIFP |
criminal-procedure due-process right-to-counsel self-representation sixth-amendment trial-court trial-procedure waiver waiver-of-counsel |
Was William O'Brien, III denied his Sixth Amendment right to counsel? |
| 18-5680 |
Reginald McGee v. United States |
Fifth Circuit |
2018-08-21 |
Denied |
Response WaivedIFP |
aggravated-assault armed-career-criminal armed-career-criminal-act commerce-clause criminal-procedure indictment mandatory-minimum mandatory-minimum-sentence plea-colloquy sentencing-enhancement violent-felony |
Whether the defendant's prior conviction for aggravated assault qualifies as a violent felony under the Armed Career Criminal Act |
| 18-5681 |
Dexter Leemon Johnson v. Oklahoma |
Oklahoma |
2018-08-21 |
Denied |
IFP |
civil-rights criminal-procedure due-process equal-protection judicial-error jury-instructions jury-trial jury-verdict reasonable-doubt sentencing statutory-maximum trial-error |
Whether the petitioner was denied the right to a jury verdict of guilt beyond a reasonable doubt |
| 18-5683 |
In Re Todd Britton-Harr |
|
2018-08-21 |
Denied |
Relisted (2)IFP |
28-usc-2255 criminal-procedure federal-sentencing habeas-corpus judicial-review mortgage-fraud newly-discovered-evidence post-conviction-relief section-2255 successive-motion successive-motions |
Whether the court of appeals improperly denied the Petitioner's application seeking an order authorizing the district court to consider a second or su… |
| 18-5640 |
Fredrick A. Laux v. Dushan Zatecky, Superintendent, Pendleton Correctional Facility |
Seventh Circuit |
2018-08-20 |
Denied |
Response WaivedIFP |
constitutional-review criminal-appeal criminal-procedure due-process dysfunctional-childhood ineffective-assistance-of-counsel mitigating-evidence sentencing sixth-amendment strickland-standard Strickland-v-Washington |
Did the Indiana Court of Appeals, the United States Southern District Court and Seventh Circuit Court of Appeals unreasonably apply, or reach a decisi… |
| 18-5645 |
Eric E. Johnson v. Ralph Diaz, Acting Secretary, California Department of Corrections and Rehabilitation |
Ninth Circuit |
2018-08-20 |
Dismissed |
IFP |
appeals constitutional-rights criminal-procedure due-process federal-courts habeas-corpus ineffective-assistance-of-counsel |
Whether the U.S. Court of Appeals, 11th Circuit, knowingly denied a petitioner's final appeal of a constitutional right to appeal his capital criminal… |
| 18-5647 |
Jeremy R. Mares v. Illinois |
Illinois |
2018-08-20 |
Denied |
Response WaivedIFP |
appeal appellate-review constitutional-representation conviction criminal-procedure direct-appeal due-process felony-conviction ineffective-assistance ineffective-assistance-of-counsel property-recovery right-to-counsel sentence summary-motion |
Whether counsel appointed in a direct appeal from a felony conviction provides constitutionally sufficient representation where he files an unopposed … |
| 18-5649 |
Charles Richardson v. Jason Kent, Warden |
Fifth Circuit |
2018-08-20 |
Denied |
IFP |
criminal-appeal criminal-procedure due-process fifth-circuit ineffective-assistance ineffective-assistance-of-counsel jury-selection prosecutorial-misconduct recusal trial-counsel venue |
Whether the prosecutor's improper arguments resulted in an unfair trial and a guilty verdict of murder instead of a lesser charge thereto? |
| 18-5650 |
Carl Javon Ross v. Maryland |
Maryland |
2018-08-20 |
Denied |
IFP |
appeals civil-rights conviction-reversal criminal-procedure dna-evidence due-process innocence standing |
Whether the evidence was sufficient to sustain the petitioner's convictions |
| 18-5651 |
Samuel W. Swoopes v. Charles L. Ryan, Director, Arizona Department of Corrections, et al. |
Ninth Circuit |
2018-08-20 |
Denied |
Response WaivedIFP |
appeal constitutional-law criminal-procedure defendant defendant-exclusion due-process ex-parte jury jury-question mid-deliberation sixth-amendment |
Does it violate Due Process and the Sixth Amendment to exclude a defendant from the court's consideration and answering of a jury question? |
| 18-5657 |
Terence Passmore v. Dan O'Fallon, et al. |
Ninth Circuit |
2018-08-20 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fair-trial ineffective-assistance ineffective-assistance-of-counsel juror-bias jury-selection sixth-amendment sixth-amendment-right-to-fair-trial |
Whether the presence of a juror who has expressed a belief that the petitioner is guilty rendered his trial unfair and in violation of the Sixth Amend… |
| 18-5658 |
Tracey L. Brown v. United States |
Ninth Circuit |
2018-08-20 |
Denied |
Response WaivedIFP |
career-offender commerce commerce-clause-jurisdiction,interstate-commerce,d criminal-procedure Did the Ninth Circuit err by finding that the pret Did the Ninth Circuit err when it sentenced Mr. Br due-process due-process,pretrial-identification,suggestive-ide predicate-crime sentencing sentencing,career-offender,predicate-offense,viole |
Did the Ninth Circuit err by finding sufficient evidence for interstate commerce when the underlying acts did not have a de minimus effect? |
| 18-5660 |
Todd Jesse Garton v. California |
California |
2018-08-20 |
Denied |
IFP |
5th-amendment civil-rights constitutional-rights criminal-procedure criminal-trial defendant-attire due-process guilt-determination meaningful-defense penalty-phase presumption-of-innocence right-to-fair-trial right-to-present-defense right-to-reliable-verdict right-to-wear-civilian-attire |
Whether refusing to permit an in-custody defendant charged with murdering his wife and unborn child to wear his wedding ring during trial violates his… |
| 18-5662 |
Myrna Diaz v. New Jersey |
New Jersey |
2018-08-20 |
Denied |
IFP |
constitutional-rights counsel-misconduct criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel legal-representation right-to-counsel sentencing sixth-amendment unauthorized-practice-of-law |
Did the staff of the 'Project Freedom Fund' who provided faulty legal advice to petitioner, and thus induced her to withdraw a guilty plea for which s… |
| 18-5663 |
Curtis Lee Dale v. United States |
Eighth Circuit |
2018-08-20 |
Denied |
Response WaivedIFP |
alleyne-precedent alleyne-v-united-states criminal-procedure criminal-procedure-sentencing,mandatory-minimum,ju drug-quantity due-process eighth-circuit-error fourth-amendment,search-and-seizure,drug-sniffing- fourth-amendment,search-and-seizure,reasonable-exp jury-findings jury-rejection mandatory-minimum sentencing sentencing-enhancement |
Did the U.S. Court of Appeals For The Eighth Circuit err when it increased the Defendant's mandatory minimum sentence on the basis of a drug quantity … |
| 18-5665 |
Orestes Cabrera v. United States |
Eleventh Circuit |
2018-08-20 |
Denied |
Response WaivedRelisted (2)IFP |
all-writs-act anti-terrorism-and-effective-death-penalty-act criminal-procedure due-process effective-assistance-counsel effective-assistance-of-counsel immigration-consequences nolle-prosequi padilla-claim padilla-v-kentucky retroactivity |
Whether petitioner's rights under the due process clause and the effective assistance of counsel were violated |
| 18-5667 |
Matthew Desmond Browne v. United States |
Ninth Circuit |
2018-08-20 |
Denied |
Response WaivedIFP |
anonymous-tip civil-rights criminal-procedure fourth-amendment law-enforcement-procedure location-prediction probable-cause reasonable-suspicion vehicle-identification vehicle-search warrantless-seizure |
Is the Fourth Amendment violated when a warrantless seizure is carried out based on an anonymous tip that correctly identifies a vehicle and a driver'… |
| 18-5669 |
Peter Cruz v. Massachusetts |
Massachusetts |
2018-08-20 |
Denied |
Response WaivedIFP |
constitutional-law constitutional-rights criminal-procedure cruel-and-unusual-punishment due-process due-process,fifth-amendment,fourteenth-amendment,s fifth-amendment fourteenth-amendment life-without-parole massachusetts-law sentencing |
Whether the petitioner can be punished with life without parole when not charged, tried, or convicted of first-degree murder |
| 18-217 |
Randall Mathena, Warden v. Lee Boyd Malvo |
Fourth Circuit |
2018-08-20 |
Granted |
Amici (13)Relisted (9) |
collateral-review constitutional-law constitutional-rule criminal-procedure cruel-and-unusual-punishment eighth-amendment juvenile-offenders juvenile-sentencing montgomery-v-louisiana retroactivity substantive-rule supreme-court-precedent teague-v-lane |
Whether the Fourth Circuit erred in concluding that Montgomery v. Louisiana modified and expanded the rule announced in Miller v. Alabama |
| 18-211 |
Steven Morris Hurd v. California |
California |
2018-08-17 |
Denied |
Response Waived |
cell-phone cell-phone-search criminal-procedure digital-data fourth-amendment physical-objects riley-v-california robinson-precedent search-incident-to-arrest supreme-court-precedent united-states-v-robinson warrant-requirement |
Whether the search incident to arrest exception to the Fourth Amendment warrant requirement applied to digital data on a cell phone prior to Riley v. … |
| 18-5614 |
Alexander Jesus Santiago v. United States |
Fourth Circuit |
2018-08-17 |
Denied |
Response WaivedIFP |
criminal-procedure due-process evidence evidence-admission probable-cause probation prosecutorial-burden resentencing sentencing supervised-release supervised-release-revocation |
Did the district court improperly revoke Mr. Santiago's supervised release and resentence him despite a lack of evidence that he violated supervised r… |
| 18-5618 |
Tae H. Chon v. Barack H. Obama, former President of the United States, et al. |
Tenth Circuit |
2018-08-17 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure fairness integrity judicial-proceedings plain-error preservation-of-error remand substantial-rights tenth-circuit |
Whether a plain error affects the petitioner's substantial rights and implicates the fairness, integrity, or public reputation of judicial proceedings… |
| 18-5629 |
Jermaine Dewitt Chaney v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2018-08-17 |
Denied |
IFP |
actual-innocence certificate-of-appealability certificate-of-appealibility civil-procedure criminal-procedure due-process federal-courts federal-district-court fifth-circuit habeas-corpus ineffective-assistance ineffective-assistance-of-counsel section-2254 standard-of-review standards |
Did the Fifth Circuit Court of Appeals err by reaching the merits of the case and denying certificate of appealability? |
| 18-5632 |
Juan L. Leonor v. Scott R. Frakes, Director, Nebraska Department of Correctional Services |
Nebraska |
2018-08-17 |
Denied |
IFP |
collateral-review constitutional-law constitutional-vagueness criminal-law criminal-procedure due-process final-conviction habeas-corpus procedural-rule retroactive-application retroactivity substantive-rule vagueness |
Whether a new substantive rule of constitutional law must be applied retroactively to final cases |
| 18-5642 |
Miroslav Fejfar v. United States |
Ninth Circuit |
2018-08-17 |
Denied |
Response WaivedIFP |
animal-sci-prod-v-hebei-welcome-pharm asylum civil-rights criminal-procedure due-process extradition foreign-criminal-procedure foreign-law immigration statutory-interpretation withholding-of-removal |
Whether due process and the plain meaning of the statute on withholding of removal require that pending asylum issues be heard and resolved before ext… |
| 18-5603 |
In Re Mark Kilmartin |
|
2018-08-16 |
Denied |
IFP |
criminal-procedure double-jeopardy due-process equal-protection fourteenth-amendment judicial-misconduct jury-trial sentencing structural-error |
Whether a criminal defendant can be convicted and sentenced to life for a separate, new and distinct crime without a jury trial |
| 18-5607 |
Friday Ogunyemi James v. United States |
Third Circuit |
2018-08-16 |
Denied |
Response WaivedIFP |
criminal-procedure discretion due-process evidence fair-instruction jury-instructions restitution sentencing sentencing-discretion tax tax-offense theory-of-defense trial-exhibit willfulness |
Whether the Petitioner was entitled to a fair instruction to support the verdict in his favor on the theory of defense that has the basis in the evide… |
| 18-5608 |
Andres Mata v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2018-08-16 |
Denied |
IFP |
constitutional-law constitutional-rights criminal-procedure due-process federal-appeals federal-appeals-court habeas-corpus judicial-determination procedural-review state-appeals state-court-review |
Whether a federal court of appeals' determination that a habeas petitioner failed to make a substantial showing of the denial of a constitutional righ… |
| 18-5609 |
Michael Alexander LaJeunesse v. Iowa |
Iowa |
2018-08-16 |
Denied |
Response WaivedIFP |
appeals civil-procedure civil-rights criminal-procedure due-process evidence medical-records prosecutorial-misconduct shower-curtain |
Whether the lower court erred in its analysis of the issues raised in the petition for writ of certiorari |
| 18-5615 |
Joel Chavira-Nunez v. United States |
Tenth Circuit |
2018-08-16 |
Denied |
Response WaivedIFP |
18-usc-3553 18-usc-3582 appellate-review brady-v-maryland brady-violation criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel plea-bargaining prosecutorial-misconduct sentencing sentencing-modification tenth-circuit-review |
Whether the District Court erred in ignoring undisputed facts establishing a Brady violation before allowing conflicted defense counsel to withdraw |
| 18-5616 |
Robert Earl Clayborne, Jr. v. Nebraska |
Eighth Circuit |
2018-08-16 |
Denied |
Response WaivedIFP |
6th-amendment civil-rights competency competency-hearing criminal-defense criminal-procedure due-process effective-assistance-of-counsel mental-disability mental-health prosecutorial-misconduct right-to-counsel sixth-amendment |
Whether the petitioner was denied due process and effective assistance of counsel when the state court refused to hold a competency hearing despite ev… |
| 18-5624 |
Feliciano Villa-Sariana, aka Feliciano Villa v. United States |
Fifth Circuit |
2018-08-16 |
Denied |
Response WaivedIFP |
apprendi-rule apprendi-v-new-jersey criminal-procedure due-process indictment plea-bargaining prior-conviction sentencing statutory-maximum |
Whether all facts - including the fact of a prior conviction - that increase a defendant's statutory maximum must be pleaded in the indictment and eit… |
| 18-5586 |
William Knight v. Florida |
Florida |
2018-08-15 |
Denied |
IFP |
abuse-of-authority appellate-procedure criminal-procedure double-jeopardy due-process habitual-offender illegal-sentence judicial-abuse judicial-authority jurisdiction sentencing sentencing-error sentencing-guidelines statutory-maximum |
Whether trial court abused their authority by allowing the state attorney office to impose a sentence contrary to the requirements of the law on doubl… |
| 18-5592 |
Oscar Madrid v. Darrel Vannoy, Warden |
Fifth Circuit |
2018-08-15 |
Denied |
IFP |
14th-amendment civil-procedure civil-rights conflict-of-interest criminal-procedure due-process exhaustion exhaustion-of-remedies fourteenth-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel motion-to-suppress state-court sufficiency-of-evidence |
Whether the court erred in finding claims 1-3 were not exhausted to the state's highest court |
| 18-5599 |
Anson Chi v. United States |
Fifth Circuit |
2018-08-15 |
Denied |
Response WaivedRelisted (2)IFP |
appeals civil-procedure civil-rights criminal-procedure due-process habeas-corpus plea-bargaining pro-se sentencing standing |
Whether the defendant's guilty plea was involuntary due to an unconstitutional no-parole sentence |
| 18-5604 |
Joe Fidel Flores v. W. L. Montgomery, Acting Warden |
Ninth Circuit |
2018-08-15 |
Denied |
Response WaivedIFP |
criminal-procedure due-process evidence expert-testimony gang-expert-testimony jackson-standard jackson-v-virginia ninth-circuit ninth-circuit-review reasonable-doubt standard-of-review sufficiency-of-evidence |
Under the standard clearly established by this Court in Jackson v. Virginia, can a rational juror find an essential fact beyond a reasonable doubt bas… |
| 18-5605 |
Robert S. Beyer, II v. United States |
Eighth Circuit |
2018-08-15 |
Denied |
Response WaivedIFP |
admissibility appellate-procedure bad-character-evidence character-evidence criminal-procedure de-novo-review due-process evidence-rules federal-rules-of-evidence presumption-of-admissibility rule-403 rule-404 sentencing-guidelines victim-vulnerability |
Do Fed R. Evid. Rules 403 and 404 create a presumption favoring admissibility of bad character evidence? |
| 18-5606 |
Hagop Demirjian v. United States |
Seventh Circuit |
2018-08-15 |
Denied |
Response WaivedIFP |
18-usc-3582 amendment-782 circuit-split civil-procedure criminal-procedure due-process equal-protection judicial-discretion section-3582 sentence-disparity sentencing sentencing-disparity statutory-interpretation |
Whether there is a statutory preclusion for successive §3582 motions |
| 18-199 |
Ken Liang v. United States |
Ninth Circuit |
2018-08-15 |
Denied |
Response Waived |
civil-rights constitutional-rights criminal-procedure doj-investigation due-process government-misconduct jury-trial jury-trial-waiver material-witness obstruction-of-justice prosecutorial-discretion prosecutorial-misconduct reverse-sting |
Whether an individual can be convicted of obstructing justice when the underlying alleged crime being investigated was not a crime, and the DOJ used o… |
| 18-200 |
Michigan v. Charles Damon Jones |
Michigan |
2018-08-15 |
Denied |
Response Waived |
appellate-review criminal-procedure double-jeopardy due-process inconsistent-verdicts judicial-discretion jury-confusion jury-instructions jury-nullification jury-verdict jury-verdicts legal-standard new-trial sufficiency-of-evidence trial-procedure verdict-inconsistency |
Whether the Michigan Court of Appeals erred in granting a new trial based on an inconsistent jury verdict, even though irreconcilable jury verdicts ar… |
| 18-201 |
Parviz Montazer v. Parvin R. Montazer |
California |
2018-08-15 |
Denied |
|
appellate-counsel appellate-procedure civil-procedure conflict-of-interest constitutional-protections criminal-contempt criminal-procedure due-process indigent-defendant indigent-rights ineffective-assistance-of-counsel judicial-bias right-to-counsel sixth-amendment transcript-costs |
Whether an indigent defendant in a criminal contempt proceeding has a right to appointed counsel and a free transcript on appeal |
| 18-202 |
Haynes Timberland, Inc. v. United States |
First Circuit |
2018-08-15 |
Denied |
Response Waived |
appeal-waiver collateral-attack criminal-procedure direct-appeal due-process plea-agreement plea-bargaining pre-sentence-waiver sentencing waiver waiver-of-rights |
Whether a defendant who waives the right to a direct appeal of his conviction and sentence can implicitly waive his right to collaterally attack his c… |
| 18-203 |
Joey Montrell Chandler, aka Joey M. Chandler, aka Joey Chandler v. Mississippi |
Mississippi |
2018-08-15 |
Denied |
Amici (5)Response RequestedResponse WaivedRelisted (2) |
8th-amendment criminal-procedure eighth-amendment incorrigible juvenile-offender juvenile-offenders juvenile-sentencing life-without-parole permanent-incorrigibility rehabilitation sentencing sentencing-discretion state-supreme-courts |
Whether the Eighth Amendment requires the sentencing authority to make a finding that a juvenile is permanently incorrigible before imposing a sentenc… |
| 18-5540 |
Darnell Rush v. Randee Rewerts, Warden |
Sixth Circuit |
2018-08-14 |
Denied |
Response WaivedIFP |
appeal appellate-review criminal-procedure double-jeopardy due-process ineffective-assistance-of-counsel jury-instructions motion-for-new-trial sufficiency-of-evidence |
Whether the defendant-appellant was entitled to a new trial where the trial court failed to answer the defendant's request, Did the trial court err in… |
| 18-5566 |
David Librace v. Nancy A. Berryhill, Deputy Commissioner for Operations, Social Security Administration |
Eighth Circuit |
2018-08-14 |
Denied |
Response WaivedIFP |
civil-procedure civil-rights criminal-procedure due-process evidence residency standing witness-protection |
Whether the lower court erred in excluding evidence that was relevant to the petitioner's case |
| 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? |
| 18-5582 |
Donald Lee Kissner v. Michigan |
Michigan |
2018-08-14 |
Denied |
IFP |
civil-procedure civil-rights criminal-procedure due-process habeas-corpus introduction jurisdiction opinions-below standing state-court-review statement-of-the-case statutory-provisions |
Whether the petitioner's due process rights were violated by the state court's failure to provide a reasoned decision on the merits of his claims |
| 18-5587 |
Bobby Joe Rosa v. United States |
Fifth Circuit |
2018-08-14 |
Denied |
Response WaivedIFP |
4th-amendment 5th-amendment 6th-amendment confidential-informant criminal-procedure exclusionary-rule fifth-amendment fourth-amendment good-faith-exception probable-cause search-and-seizure search-warrant sixth-amendment |
Whether the Fifth Circuit erred in affirming the denial of the motion to suppress evidence under the good faith exception despite the lack of probable… |
| 18-5532 |
Galindo Jose Ruiz-Hernandez v. United States |
Fifth Circuit |
2018-08-13 |
Denied |
Response WaivedIFP |
alien-smuggling bodily-injury causation causation-standard criminal-procedure criminal-sentencing due-process foreseeability immigration mens-rea reasonable-foreseeability sentencing-enhancement sentencing-enhancements sentencing-guidelines standard-of-review |
Whether the Fifth Circuit erred in affirming the application of sentencing enhancements under U.S.S.G. § 2L1.1(b)(6) and § 2L1.1(b)(7) without requiri… |
| 18-5533 |
Brandon Maurice Shannon v. United States |
Fifth Circuit |
2018-08-13 |
Denied |
Response WaivedIFP |
appellate-procedure appellate-review certiorari-review criminal-procedure due-process fifth-circuit harmless-error judicial-remand plain-error post-conviction-relief retroactivity rosales-mireles sentencing sentencing-guidelines |
Should this Court grant certiorari, vacate the judgment, and remand in light of Rosales-Mireles v. United States |
| 18-5553 |
Christopher Williams v. Texas |
Texas |
2018-08-13 |
Denied |
Response WaivedIFP |
apprendi apprendi-v-new-jersey capital-murder corpus-delicti criminal-procedure due-process extrajudicial-confession fourteenth-amendment jury-trial sixth-amendment |
Did the trial court's failure to submit any instruction to the jury regarding Texas' corpus delicti rule and the subsequent endorsement of that failur… |
| 18-5556 |
Joseph D. Barnes v. Jeff Landry, Attorney General of Louisiana |
Fifth Circuit |
2018-08-13 |
Denied |
Response WaivedIFP |
bad-acts bad-acts-evidence criminal-procedure criminal-procedure-evidence due-process fair-trial ineffective-assistance-of-counsel ineffective-counsel other-crimes-evidence quadruple-offender speedy-trial state-court-discretion statute-of-limitations |
Whether reasonable jurists would have found that the district court denied Mr. Barnes a fair trial when it allowed other crimes evidence and/or bad ac… |
| 18-5564 |
Travis Colby Curry v. Oregon |
Oregon |
2018-08-13 |
Denied |
Response WaivedIFP |
bad-faith civil-rights criminal-procedure due-process evidence evidence-preservation fourteenth-amendment police-misconduct self-defense surveillance-video |
Whether the police act in bad faith in contravenes of the Due Process Clause of the Fourteenth Amendment if they fail to collect and preserve surveill… |
| 18-5575 |
In Re Allah |
|
2018-08-13 |
Dismissed |
Response WaivedIFP |
case-dismissal civil-procedure civil-rights constitutional-rights court-jurisdiction criminal-procedure due-process federal-rules judicial-misconduct judicial-procedure judicial-review malicious-prosecution mandamus standing |
Whether the petitioner's constitutional rights were violated when the lower courts failed to properly dismiss the malicious prosecution against him, i… |
| 18-5578 |
Antonio U. Akel v. United States |
Eleventh Circuit |
2018-08-13 |
Denied |
Response WaivedRelisted (2)IFP |
appeal appellate-procedure civil-rights constitutional-violation criminal-procedure direct-appeal due-process exceptional-injustice federal-rules-of-appellate-procedure ineffective-assistance judicial-error right-to-counsel sixth-amendment standing supervisory-authority |
Whether the undisputed and clear violation of a defendant's Sixth Amendment right to the assistance of counsel on direct appeal results in an exceptio… |
| 18-5507 |
Mark Schwarzman v. David W. Gray, Warden |
Sixth Circuit |
2018-08-10 |
Denied |
Response WaivedIFP |
actual-innocence civil-rights constitutional-claim criminal-procedure critical-physical-evidence due-process genital-herpes habeas-corpus herpes-simplex-virus medical-evidence procedural-bar schlup schlup-standard standing |
Whether the highly infectious, extremely contagious, incurable sexually transmitted disease Herpes Simplex Virus HSV-2 (genital herpes) is sufficient … |
| 18-5539 |
Derek W. Pelto v. Julie L. Jones, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2018-08-10 |
Denied |
Response WaivedIFP |
burden-of-proof change-of-law insanity-defense right-to-testify burden-of-proof certificate-of-appealability criminal-procedure ineffective-assistance insanity-defense right-to-counsel right-to-testify sixth-amendment |
Whether the court of appeals improperly denied the Petitioner a certificate of appealability under 28 U.S.C. § 2253(c) on his claim that his counsel r… |
| 18-5542 |
Stephen Mayer v. United States |
Eleventh Circuit |
2018-08-10 |
Denied |
Response WaivedIFP |
appellate-review civil-procedure criminal-procedure due-process forfeiture fraud judicial-procedure law-of-the-case prosecutorial-fraud prosecutorial-misconduct remand vacatur |
Whether the finding of fact prior to vacating the forfeiture order becomes 'Law-of-the-Case' upon remand |
| 18-5543 |
In Re Andre David Leffebre |
|
2018-08-10 |
Dismissed |
IFP |
6th-amendment civil-rights criminal-procedure due-process entrapment government-misconduct habeas-corpus ineffective-assistance-of-counsel right-to-counsel |
Should the government's use of a confidential informant to elicit incriminating statements from a defendant violate the defendant's Sixth Amendment ri… |
| 18-5544 |
Van Le v. Debbie Aldridge, Warden |
Tenth Circuit |
2018-08-10 |
Denied |
IFP |
criminal-procedure due-process equal-protection language-access right-to-counsel state-funding translation translation-services |
Should Phys Agurt allow the jhe plectrye Jecrctande of trial deunse/ and 14 tata | Fru r, phe. den! dt164 o f IL _ pnn pcent yoman, for the Sike oft f… |
| 18-5547 |
Jose Estrada-Corrales v. United States |
Fifth Circuit |
2018-08-10 |
Denied |
Response WaivedIFP |
18-usc-3553 appeal certiorari criminal-procedure due-process federal-appeals remand retroactivity sentencing sentencing-guidelines supreme-court |
Should this Court grant certiorari, vacate the judgment, and remand in light of Chavez-Meza v. United States |
| 18-188 |
Ivy T. Tucker v. United States |
Seventh Circuit |
2018-08-10 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
circuit-split constitutional-deficiency constitutional-law criminal-procedure ineffective-assistance ineffective-assistance-of-counsel mandatory-minimum offense-of-conviction out-of-circuit-precedent procedural-default sentencing sentencing-guidelines trial-counsel |
Whether trial counsel's failure to make an argument that courts of appeals outside the circuit have accepted amounts to constitutionally deficient ass… |
| 18-177 |
Kenneth Jerome Dawson v. Board of County Commissioners of Jefferson County, Colorado, et al. |
Tenth Circuit |
2018-08-09 |
Denied |
|
bond-release constitutional-rights criminal-procedure detention detention-rights due-process fourteenth-amendment fundamental-liberty fundamental-right judicial-scrutiny liberty-interest reasonably-related strict-scrutiny substantive-due-process |
When does a criminal defendant's right to be released from jail after posting bond implicate a fundamental right of liberty? |
| 18-5521 |
Miguel Antonio Ramos v. United States |
Fifth Circuit |
2018-08-09 |
Denied |
Response WaivedIFP |
criminal-procedure cross-examination due-process fourth-amendment procedural-due-process sentencing sentencing-enhancement supervised-release |
Whether the petitioner was denied procedural due process by enhancements to his guidelines sentence without any proof to support those enhancements |
| 18-5523 |
Chris Sanchez v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2018-08-09 |
Denied |
Relisted (2)IFP |
actual-innocence constitutional-error constitutional-rights criminal-procedure due-process exculpatory-evidence false-evidence false-testimony miscarriage-of-justice new-evidence new-reliable-evidence |
Claim of actual innocence given that the state presented false evidence at trial, namely fraudulent testimony from law enforcement officers |
| 18-5525 |
Jonathan E. Jouette v. United States |
Fifth Circuit |
2018-08-09 |
Denied |
Response WaivedIFP |
armed-career-criminal-act categorical-approach charging-instrument constitutional-rights criminal-procedure due-process enhanced-sentencing felon-in-possession fifth-amendment fourteenth-amendment sentencing-enhancement taylor-v-united-states |
Whether application of the Taylor rule bars consideration of materials beyond the charging instrument in determining a defendant's qualification for e… |
| 18-5526 |
Michael P. Lough v. United States |
Fourth Circuit |
2018-08-09 |
Denied |
Response WaivedIFP |
appellate-review court-of-appeals criminal-procedure evidence-suppression exclusionary-rule fourth-amendment good-faith-exception motion-to-suppress probable-cause search-and-seizure standard-of-review warrant-requirement |
Whether the Court of Appeals for the Fourth Circuit erred when it affirmed the district court's denial of Lough's motion to suppress evidence? |
| 18-5527 |
Jesus Alejandro Chavez, aka Chuy v. United States |
Fourth Circuit |
2018-08-09 |
Denied |
Response WaivedIFP |
brady-violation case-severance criminal-procedure due-process fourth-circuit-review joinder materiality materiality-standard new-trial prejudice severance substantial-defense |
Whether the Fourth Circuit erred in finding that the alleged Brady violation was not material |
| 18-5538 |
Shawn J. Gieswein v. United States |
Tenth Circuit |
2018-08-09 |
Denied |
Response WaivedRelisted (2)IFP |
appellate-review criminal-procedure criminal-sentencing guidelines molina-martinez-v-united-states peugh-v-united-states sentencing sentencing-errors sentencing-guidelines tenth-circuit volina-martinez-v-united-states |
Whether the United States Court of Appeals for the Tenth Circuit erroneously speculated that the District Court would have imposed the same sentence o… |
| 18-5491 |
Glen Hughie Lovin, Jr. v. Joe M. Allbaugh, Director, Oklahoma Department of Corrections |
Tenth Circuit |
2018-08-08 |
Denied |
IFP |
civil-rights constitutional-law criminal-history criminal-procedure due-process evidence evidentiary-hearing fair-trial habeas-corpus ineffective-assistance-of-counsel prejudicial-evidence sentencing |
Whether the trial court erred in admitting prejudicial evidence of the defendant's prior criminal history, resulting in an unfair trial and requiring … |
| 18-5504 |
William Lem Posey, II v. United States |
Sixth Circuit |
2018-08-08 |
Denied |
IFP |
career-offender categorical-approach circuit-split criminal-procedure criminal-sentencing descamps-approach divisibility element-analysis element-based-approach grammar-based-approach mandatory-guidelines non-generic-offense sentencing sentencing-guidelines statutory-interpretation |
Whether a non-generic offense is divisible under Descamps v. United States |
| 18-5511 |
Michael John Tarvin v. Mississippi |
Mississippi |
2018-08-08 |
Denied |
Response WaivedIFP |
28-usc-2244 civil-rights criminal-procedure dna-evidence due-process evidence false-imprisonment innocence-claim standing successive-petition |
Whether the Mississippi Supreme Court erred in dismissing the petitioner's application, when the U.S. Court of Appeals denied the petitioner's motion … |
| 18-5513 |
My Van Tran v. Ed Sheldon, Warden |
Sixth Circuit |
2018-08-08 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure discovery due-process evidence fair-trial interpreter jury language-access manifest-weight-of-evidence other-acts-evidence |
Whether the Sixth Circuit Court of Appeals erred in failing to vacate the district court's judgment due to the state's failure to timely provide repla… |
| 18-5474 |
Heriberto Garcia-Hernandez v. United States |
Fifth Circuit |
2018-08-07 |
Denied |
Response WaivedIFP |
criminal-procedure due-process indictment jury-trial prior-conviction reasonable-doubt sentencing sentencing-enhancement sixth-amendment statutory-maximum |
Whether all facts — including the fact of a prior conviction — that increase a defendant's statutory maximum must be pleaded in the indictment and eit… |
| 18-5481 |
John K. D. Watson v. Virginia |
Fourth Circuit |
2018-08-07 |
Denied |
IFP |
' 'colloquy" ' 'due-process" ' 'evidentiary-review' ' 'guilty-plea" ' 'ineffective-assistance-of-counsel" ' 'learning-disability" civil-rights criminal-procedure due-process mental-competency plea-bargaining sentencing |
Whether a defendant with a learning disability can be accepted a guilty plea without proper allocation, assistance of counsel, and a thorough colloquy… |
| 18-5449 |
In Re Michael D. Smith |
|
2018-08-06 |
Denied |
Response WaivedIFP |
28-usc-2255 appeals civil-procedure confrontation criminal-procedure district-court-review double-jeopardy due-process federal-habeas habeas-corpus indictment motion-to-vacate post-conviction-relief self-incrimination sentencing speedy-trial standing |
Whether the petitioner's constitutional rights were violated when the district court and court of appeals denied his 28 U.S.C. § 2255 and § 2244 motio… |
| 18-5466 |
Lawrence E. Wilson v. Ohio |
Ohio |
2018-08-06 |
Denied |
Response WaivedIFP |
criminal-procedure cruel-and-unusual-punishment due-process eighth-amendment nunc-pro-tunc open-court right-to-counsel sentencing sentencing-requirements sixth-amendment void |
Whether a trial court's failure to comply with statutory requirements when imposing a sentence renders the attempted sentence void |
| 18-5467 |
Virginia Denise Wyche v. Florida |
Florida |
2018-08-06 |
Denied |
Response WaivedIFP |
and whether jury instructions misstating self-def 5th-amendment criminal-procedure due-process ex-post-facto ex-post-facto-clause fifth-amendment fourteenth-amendment homicide homicide-statute second-amendment self-defense statutory-interpretation |
Whether the First District's expansion of the scope of Florida's homicide statute could be used to affirm Wyche's conviction and sentence in light of … |
| 18-5469 |
Chad Allen Dorton v. United States |
Sixth Circuit |
2018-08-06 |
Denied |
Response WaivedIFP |
appeal appellate-review criminal-procedure district-court due-process judicial-discretion obstruction-of-justice offense-enhancement sentencing-guidelines sixth-amendment standard-of-review |
Did the district court err in applying the sentencing guidelines offense enhancement for obstruction of justice? |
| 18-5473 |
Justin Michael Credico v. United States |
Third Circuit |
2018-08-06 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure due-process first-amendment free-speech jury-instructions sentencing subjective-intent" |
Whether the jury instructions on subjective intent for 18 USC § 875(c) were proper in light of the Elonis case |
| 18-5456 |
Gary Allen Kachina v. United States |
Eighth Circuit |
2018-08-03 |
Denied |
Response WaivedIFP |
brady-v-maryland brady-violation competence competency-hearing criminal-procedure discovery discovery-violation discovery-violations due-process exculpatory-evidence mental-health mental-health-evaluation necessity-defense subpoena |
Did the Trial Court error in denying petitioner's motions for Discovery violations under BRADY v. MARYLAND and for refusal to enforce petitioner's cou… |
| 18-5457 |
Michael Allyn Kennedy v. Texas |
Texas |
2018-08-03 |
Denied |
IFP |
appeal conviction criminal-procedure due-process habeas-corpus indictment jury-trial notice sixth-amendment trial |
Whether the trial court erred in imposing a conviction without a reading of the indictment, thereby depriving the petitioner of due process and notice… |
| 18-5459 |
Zachary David Warnell v. Texas |
Texas |
2018-08-03 |
Denied |
IFP |
appeal appeals appellate-procedure constitutional-rights criminal-procedure douglas-v-california due-process effective-assistance-of-counsel equal-protection evitts-v-lucey ineffective-assistance pro-se-representation right-to-counsel |
Can a state deny a criminal defendant the constitutional right to appeal with the effective assistance of counsel? |
| 18-5464 |
Jose Benitez, Jr. v. United States |
Eleventh Circuit |
2018-08-03 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
armed-bank-robbery closing-argument constructive-amendment criminal-procedure due-process firearm firearm-specification indictment indictment-variance jury-instructions prosecutorial-discretion variance |
Whether a constructive amendment occurred when the jury instructions and government's closing argument allowed conviction for armed bank robbery witho… |
| 18-5426 |
Gabriel Rivero v. United States |
Ninth Circuit |
2018-08-02 |
Denied |
Response WaivedIFP |
circuit-split criminal-intent criminal-law criminal-procedure due-process export-controls federal-law mens-rea munitions munitions-export smuggling statutory-interpretation |
Whether the Government may obtain a conviction for smuggling goods from the United States in violation of 18 U.S.C. § 554 charged in conjunction with … |
| 18-5427 |
Monclaire Saint Louis v. United States |
Fourth Circuit |
2018-08-02 |
Denied |
Response WaivedIFP |
criminal-procedure curative-instruction curative-instructions due-process evidence jury-bias jury-instructions kidnapping prejudice prejudicial-error rape witness-testimony |
Whether witness testimony about a rape committed by someone other than the defendant during a kidnapping creates prejudice that cannot be overcome by … |
| 18-5432 |
Ahmadou Sankara v. Liam O'Hara, et al. |
Second Circuit |
2018-08-02 |
Denied |
Response WaivedIFP |
constitutional-violation criminal-procedure due-process false-arrest false-imprisonment fourth-amendment habeas-corpus ineffective-assistance-of-counsel ineffective-counsel malicious-prosecution search-and-seizure unlawful-search-and-seizure |
Whether the petitioner's Fourth Amendment rights were violated by an unlawful search and seizure, false arrest, and false imprisonment without consent… |
| 18-5436 |
Ralph Deon Taylor v. United States |
Ninth Circuit |
2018-08-02 |
Denied |
Response WaivedIFP |
2nd-circuit 3rd-circuit 9th-circuit criminal-procedure custodial-interrogation due-process evidence-confrontation fifth-amendment incriminating-response interrogation miranda-rights miranda-warning police-interrogation police-questioning self-incrimination |
Does confronting a suspect with the mounting evidence against him constitute interrogation under Miranda? |
| 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? |
| 18-5439 |
Adam Longoria v. United States |
Eleventh Circuit |
2018-08-02 |
Denied |
Response WaivedIFP |
armed-career-criminal-act criminal-procedure descamps-v-united-states mathis-v-united-states non-elemental-facts occasions-different sentencing-enhancement serious-drug-offense sixth-amendment sixth-amendment-jury-trial statutory-interpretation taylor-v-united-states violent-felony |
Whether the ACCA's 'occasions different from one another' clause requires a sentencing court to rely solely on elemental facts, or whether it can rely… |
| 18-5440 |
Larenzo Lomax v. Darrel Vannoy, Warden |
Fifth Circuit |
2018-08-02 |
Denied |
IFP |
arrest arrest-legality constitutional-rights criminal-procedure exclusionary-rule false-affidavit false-statements fourth-amendment ineffective-assistance-of-counsel search-and-seizure search-warrant sixth-amendment |
Whether Lomax was denied the effective assistance of counsel when his trial attorney failed to challenge the legality of Lomax's arrest |
| 18-5441 |
Milford Wade Byrd v. Florida |
Florida |
2018-08-02 |
Denied |
IFP |
capital-murder criminal-procedure death-penalty ex-post-facto hurst-v-state jury-unanimity retroactive-application retroactivity |
Whether a death sentence can remain intact when the jury did not unanimously find the elements of capital murder proven beyond a reasonable doubt |
| 18-5405 |
Fortino Pimentel-Soto v. United States |
Fifth Circuit |
2018-08-01 |
Denied |
Response WaivedIFP |
criminal-procedure due-process indictment jury-trial prior-conviction reasonable-doubt sentencing sentencing-enhancement sixth-amendment statutory-maximum |
Whether all facts — including the fact of a prior conviction — that increase a defendant's statutory maximum must be pleaded in the indictment and eit… |
| 18-5412 |
Robert Eugene Johnson, Jr. v. Virginia |
Virginia |
2018-08-01 |
Denied |
IFP |
appellate-review civil-procedure conviction criminal-procedure due-process equal-protection evidence standard-of-review sufficiency-of-evidence |
Can a state's highest court uphold a criminal conviction after being made aware that there was absolutely no evidence presented at trial that the crim… |
| 18-5413 |
Clarence D. Lewis v. Johnny Hedgemon, et al. |
Fifth Circuit |
2018-08-01 |
Denied |
Relisted (2)IFP |
constitutional-law criminal-procedure due-process fifth-amendment habeas-corpus plea-bargain self-incrimination voluntary-plea |
Is a plea bargain voluntary or involuntary if a petitioner invokes his Fifth Amendment right against self-incrimination before the plea is induced? |
| 18-5414 |
Keith William Deichert v. United States |
Fourth Circuit |
2018-08-01 |
Denied |
Response WaivedIFP |
criminal-procedure exclusionary-rule fourth-amendment good-faith good-faith-exception jurisdiction objective-reasonableness rule-41 search-warrant void-ab-initio |
Does the good-faith exception to the exclusionary rule apply to a search warrant that is issued by a judge without jurisdiction, rendering the warrant… |
| 18-5428 |
Restituto D. Barraquias v. Robert Wilkie, Secretary of Veterans Affairs |
Federal Circuit |
2018-08-01 |
Denied |
Response WaivedRelisted (2)IFP |
civil-procedure civil-rights criminal-procedure due-process federal-courts free-speech habeas-corpus ineffective-assistance-of-counsel standing takings |
Whether the petitioner's due process rights were violated when the court failed to consider his claim of ineffective assistance of counsel |
| 18-5431 |
Melvin Andrew Morris v. United States |
Sixth Circuit |
2018-08-01 |
Denied |
Response WaivedIFP |
civil-procedure civil-rights criminal-procedure domestic-violence due-process residual-clause sentencing standing |
Whether Michigan's felony domestic violence conviction qualifies as a 'crime of violence' under the 'residual clause' of the U.S. Sentencing Guideline… |
| 18-5391 |
Daniel Sexton v. United States |
Sixth Circuit |
2018-07-31 |
Denied |
IFP |
18-usc-981 circuit-split criminal-forfeiture-liability criminal-procedure dismissed-charges due-process forfeiture-liability honeycutt-v-united-states joint-and-several-liability sentencing-guidelines statutory-interpretation |
Does this Court's reasoning in Honeycutt v. United States, 137 S. Ct. 1626 (2017), limiting joint and several forfeiture liability to what a defendant… |
| 18-5416 |
Ramal Hammond v. Ohio |
Ohio |
2018-07-31 |
Denied |
Response WaivedIFP |
amnesia burden-of-proof competency criminal-procedure defendant-amnesia due-process dusky-standard dusky-v-united-states mental-capacity right-to-counsel sixth-amendment trial-competency |
When the evidence of guilt is far from overwhelming but cannot be rebutted without information that only the defendant would know, but due to amnesia … |
| 18-5420 |
Tyler T. Heagy v. Pennsylvania |
Pennsylvania |
2018-07-31 |
Denied |
Relisted (2)IFP |
appeal-rights constitutional-rights criminal-procedure due-process filing-restrictions habeas-corpus post-conviction-relief procedural-due-process right-to-appeal right-to-counsel standing statutory-interpretation unconstitutional-as-applied |
Was 42 Pa.C.S.A. §9543 (a)(1)(i) unconstitutional as applied to Petitioners case? |
| 18-5388 |
Albert William Roberts, III v. United States |
Eighth Circuit |
2018-07-30 |
Denied |
Response WaivedRelisted (2)IFP |
acquittal acquitted-conduct criminal-procedure double-jeopardy-clause due-process relevant-conduct sentencing sixth-amendment united-states-v-watts watts-precedent |
Can acquitted conduct continue to be used at sentencing? |
| 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… |
| 18-5397 |
Alejandro Parra-Ramos v. United States |
Ninth Circuit |
2018-07-30 |
Denied |
Response WaivedIFP |
criminal-procedure defendant-prejudice due-process government-misconduct judicial-discretion plain-error plea-agreement plea-agreement-breach prejudice prosecutorial-breach sentencing sentencing-guidelines sentencing-recommendation sentencing-variance upward-variance |
whether a defendant suffers prejudice when the government breaches a plea agreement by calling its agreed-upon recommendation irrational, and the cour… |
| 18-5398 |
Kenneth Floyd Prutting v. United States |
Eleventh Circuit |
2018-07-30 |
Denied |
IFP |
28-usc-2255 2nd-amendment armed-career-criminal armed-career-criminal-act burden-of-proof criminal-procedure due-process johnson-claim johnson-v-united-states residual-clause samuel-johnson section-2255 sentencing sentencing-enhancement |
Whether a § 2255 movant raising a Samuel Johnson claim can satisfy his burden of proof by showing his ACCA sentence may have been based on the residua… |
| 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… |
| 18-5361 |
Hazhar A. Sayed v. Travis Trani, Warden, et al. |
Tenth Circuit |
2018-07-27 |
Denied |
Response WaivedIFP |
collateral-estoppel constitutional-interpretation criminal-procedure double-jeopardy due-process fifth-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel pro-se-litigation pro-se-prisoner-litigant |
Whether the Fifth Amendment's Double Jeopardy Clause prohibits retrying a defendant on a higher level charge after being convicted of a lesser include… |
| 18-5362 |
Omar Qazi v. United States |
Ninth Circuit |
2018-07-27 |
Denied |
Response WaivedIFP |
administrative-law civil-procedure criminal-procedure due-process equal-protection fifth-amendment judicial-review miranda-warnings standing unpublished-decisions |
Whether the Ninth Circuit panel decision conflicts with established Supreme Court and Ninth Circuit precedents on Miranda warnings, and whether the pa… |
| 18-5371 |
Michael Ellis v. Illinois |
Illinois |
2018-07-27 |
Denied |
IFP |
appellate-review case-remand constitutional-challenge criminal-procedure due-process,criminal-procedure,probable-cause,forf forfeiture forfeiture-doctrine people-v-gaines probable-cause probable-cause,forfeiture,unconstitutional-statute statutory-interpretation teague-v-lane unconstitutional-statute |
Did the State forfeit the claim, reliance or remedy of Michigan v. DeFillippo, 443 U.S. 1 and U.S. v Charles, 801 F.3d 855 (7th Cir.) of an unconstitu… |
| 18-5373 |
Otis Sykes v. United States |
Seventh Circuit |
2018-07-27 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-sentencing due-process guidelines guidelines-range harmless-error judicial-error molina-martinez-v-us rosales-mireles-v-us sentencing sentencing-guidelines substantial-rights |
Whether the defendant's substantial rights were affected by the district court's use of 'additional evidence' in imposing a guidelines sentence within… |
| 18-5378 |
Alejandro Chavez-Garcia v. United States |
Fifth Circuit |
2018-07-27 |
Denied |
Response WaivedIFP |
alleyne-v-united-states apprendi-v-new-jersey burden-of-proof criminal-procedure defendant-rights indictment jury-beyond-reasonable-doubt jury-trial prior-conviction sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 18-5386 |
Allen Alexander, aka Karon Keenan v. New Jersey |
New Jersey |
2018-07-27 |
Denied |
Response WaivedIFP |
assault constitutional-rights criminal-procedure due-process jury-instructions lesser-included-offense robbery state-criminal-law trial-error |
Can a state trial judge's failure to charge the jury on a lesser included offense violate the defendant's rights guaranteed by the Due Process Clause … |
| 18-5360 |
Curtis L. Clinton v. Ohio |
Ohio |
2018-07-26 |
Denied |
IFP |
constitutional-rights criminal-justice-system criminal-procedure eighth-amendment equal-protection fair-trial fourteenth-amendment racial-stereotype racial-stereotypes racial-stereotyping sixth-amendment |
Whether a defendant's rights to the effective assistance of counsel, a fair and impartial jury, to be free from cruel and unusual punishment, and to t… |
| 18-5364 |
Harry Austin v. Julie L. Jones, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2018-07-26 |
Denied |
Response WaivedIFP |
appellate-review constitutional-rights criminal-procedure due-process fifth-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sixth-amendment state-custody writ-of-certiorari |
Whether certiorari review should be granted where the Eleventh Circuit affirmed the denial of Austin's petition under 28 U.S.C. §2254 for writ of habe… |
| 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… |
| 18-5367 |
Edward David Jones, Jr. v. Arnold Schwarzenegger, former Governor of California, et al. |
Ninth Circuit |
2018-07-26 |
Denied |
IFP |
1st-amendment civil-procedure civil-rights due-process standing takings civil-rights constitutional-review criminal-procedure due-process federal-review free-speech habeas-corpus ninth-circuit patent standing state-court-conviction takings |
Whether the district court erred in dismissing petitioner's claims for lack of standing and failure to state a claim |
| 18-5368 |
Gabriel Werdene v. United States |
Third Circuit |
2018-07-26 |
Denied |
Response WaivedIFP |
computer-search criminal-procedure exclusionary-rule federal-rule-of-criminal-procedure-41(b) fourth-amendment good-faith good-faith-exception jurisdiction jurisdictional-defect law-enforcement-procedure search-warrant warrant warrant-validity |
Whether the good-faith exception to the exclusionary rule applies when a warrant is void from the outset due to the issuing authority's lack of jurisd… |
| 18-5355 |
Del Ray Sanders v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2018-07-26 |
Denied |
Relisted (2)IFP |
accidental-death criminal-procedure criminally-negligent-homicide due-process homicide-charges jury-instructions lesser-included-offense lesser-included-offenses manslaughter standard-of-review texas-penal-code trial-court-discretion unreasonable-application-of-federal-law |
Whether the trial court erred in denying the defendant's request for jury instructions on the lesser-included offenses of manslaughter and criminally … |
| 18-5357 |
Michael C. Redifer v. United States |
Tenth Circuit |
2018-07-26 |
Denied |
Response WaivedIFP |
congressional-legislation criminal-procedure due-process kastigar-doctrine law-of-the-case rules-enabling-act supreme-court-precedent supreme-court-precedents |
Does the Rules Enabling Act preclude a court from invoking the law of the case doctrine against a defendant in a criminal proceeding when the law of t… |
| 18-5292 |
Armando Angeles v. United States |
Tenth Circuit |
2018-07-25 |
Denied |
Response WaivedIFP |
circuit-court-interpretation circuit-split criminal-procedure fourth-amendment lane-maintenance search-and-seizure state-court-interpretation state-federal-court-tension statutory-interpretation suppression-motion traffic-laws traffic-statute traffic-stop |
Whether the Tenth Circuit Court of Appeals erred in applying the Kansas Supreme Court's interpretation of a Kansas traffic statute governing the failu… |
| 18-5322 |
Santiago Hum Rodriguez-Aparicio v. United States |
Fifth Circuit |
2018-07-25 |
Denied |
IFP |
criminal-procedure discretionary-relief due-process fundamental-fairness illegal-reentry immigration immigration-law mendoza-lopez removal-order removal-proceeding uniformity |
Whether the failure to inform an alien of his eligibility for discretionary relief in a removal proceeding is a due process violation that can make th… |
| 18-5336 |
Ventron Vaneke Lott v. Patrick Warren, Warden |
Sixth Circuit |
2018-07-25 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process effective-assistance-of-counsel evidence ineffective-assistance-of-counsel judicial-discretion michigan-law sentencing-guidelines sixth-amendment |
Whether the trial court erred in sentencing the petitioner under the restrictions of OV-1 and OV-2 of the Michigan Sentencing Guidelines in violation … |
| 18-5337 |
Shawn Johnson v. Steven Johnson, Administrator, New Jersey State Prison, et al. |
Third Circuit |
2018-07-25 |
Denied |
IFP |
actual-innocence brady-violations certificate-of-appealability criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel newly-discovered-evidence prosecutorial-concession prosecutorial-misconduct recantation recanted-testimony self-defense witness-recantation |
Whether petitioner Shawn Johnson was denied due process and a fair trial due to newly discovered evidence of actual innocence and ineffective assistan… |
| 18-5339 |
Tyron James v. Paul Snyder, Warden, et al. |
Tenth Circuit |
2018-07-25 |
Denied |
Response WaivedIFP |
6th-amendment constitutional-rights criminal-procedure due-process effective-assistance-of-counsel habeas-corpus ineffective-assistance-of-counsel plea-bargaining retroactive-application sixth-amendment strickland-v-washington |
Whether the 10th Circuit Court of Appeals erred in affirming the conviction and not applying the Santobello decision on counsel's performance retroact… |
| 18-5343 |
Roger Wilson v. McKeesport Police Department, et al. |
Third Circuit |
2018-07-25 |
Denied |
Response WaivedIFP |
civil-procedure civil-rights criminal-procedure due-process free-speech habeas-corpus ineffective-assistance-of-counsel jurisdiction standing takings |
Whether the petitioner's constitutional rights were violated when the lower courts refused to consider evidence of his innocence and denied his reques… |
| 18-5348 |
Gary Clack v. Kentucky |
Kentucky |
2018-07-25 |
Denied |
Response WaivedIFP |
counsel-performance criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel kentucky-court-of-appeals post-conviction-relief prejudice prejudice-prong sixth-amendment strickland-standard strickland-v-washington witness-testimony |
Whether the Kentucky Court of Appeals properly applied the Strickland prejudice prong when it held that trial counsel provided ineffective assistance … |
| 18-5350 |
Carroll Erman Crider v. Virginia |
Virginia |
2018-07-25 |
Denied |
Response WaivedIFP |
civil-rights conviction-vacatur criminal-procedure due-process habeas-corpus indictment indictment-notice jurisdiction notice standing statutory-violation |
Whether Crider's convictions should be vacated due to lack of jurisdiction and inadequate indictment notice |
| 18-5351 |
Payman Borhan v. Joe A. Lizarraga, Warden |
Ninth Circuit |
2018-07-25 |
Denied |
Response WaivedIFP |
certificate-of-appealability choice-of-counsel criminal-procedure due-process habeas-corpus ineffective-assistance mccoy-v-louisiana right-to-choice-of-counsel right-to-counsel sixth-amendment |
Whether the trial court's refusal to allow the defendant to retain his own counsel of choice deprived him of his Sixth Amendment right to choose the f… |
| 18-106 |
John R. Turner v. United States |
Sixth Circuit |
2018-07-24 |
Denied |
Amici (6)Relisted (2) |
circuit-split criminal-procedure dual-sovereignty formal-charges plea-bargaining plea-negotiations pre-charge pre-indictment right-to-counsel sixth-amendment |
Sixth Amendment right to counsel attaches during pre-charge plea negotiations |
| 18-5311 |
Jack Reid v. United States |
Second Circuit |
2018-07-24 |
Denied |
Response WaivedIFP |
civil-procedure criminal-forfeiture criminal-procedure drug-forfeiture drug-offenses due-process eighth-amendment excessive-fines property-rights property-seizure sentencing standing substantial-connection |
Whether property subject to forfeiture under 21 U.S.C. §853(a)(2) must have a substantial connection to the underlying criminal activity |
| 18-5324 |
Anastasio N. Laoutaris v. United States |
Fifth Circuit |
2018-07-24 |
Denied |
Response WaivedIFP |
18-usc-1030 criminal-procedure criminal-procedure-due-process due-process evidence fifth-circuit ineffective-assistance-of-counsel ineffective-counsel jackson-v-virginia judgment-of-acquittal malicious-code perjury perjury-standard reasonable-doubt sentencing strickland-standard sufficiency-of-evidence |
Whether a rational jury could have found each essential element of the offense of transmitting a malicious code, in violation of 18 U.S.C. § 1030(a)(5… |
| 18-5325 |
Lena Lasher v. United States |
Second Circuit |
2018-07-24 |
Denied |
Response WaivedRelisted (2)IFP |
but no text was provided for analysis. Without th I cannot generate a question presented or identif please provide the full text of the petition. civil-rights collateral-attack criminal-procedure due-process equal-protection evidentiary-hearing habeas-corpus racial-discrimination school-desegregation sentencing voting-rights |
Whether a district court must grant an evidentiary hearing on a prisoner's collateral attack claims |
| 18-5327 |
Adib Eddie Ramez Makdessi v. Lieutenant Fields, et al. |
Fourth Circuit |
2018-07-24 |
Denied |
Response WaivedRelisted (2)IFP |
civil-procedure civil-rights criminal-procedure cruel-and-unusual-punishment deliberate-indifference deliberate-misconduct due-process evidence-suppression excessive-force federal-courts fourth-circuit judicial-conflict retaliation standing takings witness-tampering |
Whether the Fourth Circuit's conflicting rulings overlooked key evidence and were in conflict with Supreme Court precedent in Farmer v. Brennan |
| 18-5332 |
Davon Merkiese Kemp v. United States |
Sixth Circuit |
2018-07-24 |
Denied |
Response WaivedIFP |
4th-amendment criminal-procedure drug-crimes drug-trafficking evidence fourth-amendment home-search probable-cause search-and-seizure search-warrant unreasonable-search |
Whether a police officer's generalized opinion that drug dealers often keep drugs and other evidence of their trafficking activities in their homes is… |
| 18-5299 |
Derek Antonio Smith v. North Carolina |
North Carolina |
2018-07-23 |
Denied |
Response WaivedIFP |
appeal civil-procedure civil-rights criminal-procedure due-process evidence sentencing standing transcripts |
Was LR found guilty at trial, when the transcripts of pre-trial clearly show she said nothing happened sexually? |
| 18-5300 |
Gary Robinson v. United States |
Fourth Circuit |
2018-07-23 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fifth-amendment fourteenth-amendment ineffective-assistance-of-counsel sixth-amendment |
Whether a trial attorney can constitutionally stipulate elements of a charged crime over the expressed objections of the defendant under the Fifth, Si… |
| 18-5317 |
Jose Villanueva-Cardenas v. United States |
Fifth Circuit |
2018-07-23 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure due-process indictment jury-trial prior-conviction prior-conviction-enhancement sentencing statutory-maximum |
Whether all facts - including the fact of a prior conviction - that increase a defendant's statutory maximum must be pleaded in the indictment and eit… |
| 18-98 |
Jerrard T. Cook, aka Jerrad T. Cook, aka Jerrard Cook aka Jerrard Tramaine Cook, aka J-Fat v. Mississippi |
Mississippi |
2018-07-23 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
constitutional-rights criminal-procedure eighth-amendment eighth-amendment-prohibits juvenile-offenders juvenile-sentencing life-without-parole montgomery-v-louisiana permanent-incorrigibility sentencing sentencing-authority |
Whether the Eighth Amendment requires the sentencing authority to make a finding that a juvenile is permanently incorrigible in order to impose a sent… |
| 18-5280 |
Patrick Lanier v. United States |
Fifth Circuit |
2018-07-20 |
Denied |
Response WaivedRelisted (2)IFP |
appeal criminal-procedure eighth-amendment fifth-circuit judicial-proceedings judicial-review manifest-miscarriage plain-error plain-error-review restitution rule-52b sentencing sentencing-error |
Whether the plain error standard requires a 'manifest miscarriage of justice' to correct a forfeited error affecting substantial rights |
| 18-5294 |
Herbert Pridgen v. United States |
Fourth Circuit |
2018-07-20 |
Denied |
Response WaivedIFP |
adjudication appeal appellate-procedure appellate-review circuit-court-error civil-procedure criminal-procedure due-process ineffective-assistance-of-counsel insufficient-judgment judicial-review jurisdiction legal-adjudication procedural-defect sentencing |
Did the Circuit Court err in its opinion when it failed to properly address the four issues raised on appeal for adjudication, giving an insufficient … |
| 18-5297 |
Allen Jamel Robinson v. Darryl Vannoy, Warden |
Fifth Circuit |
2018-07-20 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure due-process effective-assistance-of-counsel habeas-corpus ineffective-assistance-of-counsel right-to-counsel sentencing sixth-amendment |
Whether the petitioner was denied effective assistance of counsel in violation of the Sixth Amendment due to counsel's failure to properly investigate… |
| 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-… |
| 18-5305 |
Aubry Rae Johnson v. Paul Copenhaver, Warden |
Ninth Circuit |
2018-07-20 |
Denied |
Response WaivedIFP |
criminal-procedure double-counting due-process federal-custody federal-jurisdiction habeas-corpus habeas-petition jurisdiction primary-jurisdiction sentencing state-custody time-served |
Does 18 U.S.C. § 3585 prevent a federal sentence from commencing where federal authorities do not have primary jurisdiction of the inmate? |
| 18-5307 |
Andrew Wayne Hulen v. United States |
Ninth Circuit |
2018-07-20 |
Denied |
Response WaivedIFP |
compelled-admissions constitutional-rights criminal-procedure due-process fifth-amendment garrity-v-new-jersey minnesota-v-murphy penalty-situation self-incrimination self-incrimination-clause sex-offender-treatment supervised-release |
Whether the Ninth Circuit's failure to analyze Petitioner's argument under the classic penalty situation addressed by this Court in Minnesota v. Murph… |
| 18-5256 |
Brandon Wade Moragne-El v. Pennsylvania |
Pennsylvania |
2018-07-19 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process equal-protection guilty-plea judicial-precedent pennsylvania plea-bargaining plea-withdrawal precedent sentencing supreme-court |
Does the denial of the Petitioner's Motion to Withdraw his Guilty Plea contradict Precedent case law from the Superior Court of Pennsylvania, the Supr… |
| 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, … |
| 18-5261 |
Vester L. Patterson v. California |
California |
2018-07-19 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure double-jeopardy due-process equal-protection ex-post-facto statute-of-limitations |
May a defendant be tried and punished for offenses that were statutorily barred by the statute of limitation's? |
| 18-5276 |
William Clark v. United States |
District of Columbia |
2018-07-19 |
Denied |
Response WaivedIFP |
age-of-majority age-of-maturity brain-development criminal-procedure cruel-and-unusual-punishment eighth-amendment equal-protection juvenile-justice montgomery-line sentencing sentencing-considerations |
Whether the Montgomery Line of decisions apply to those under 18-years-old? |
| 18-5279 |
Jonathan Hayhoe v. United States |
Fourth Circuit |
2018-07-19 |
Denied |
Response WaivedIFP |
criminal-procedure exclusionary-rule fourth-amendment good-faith-exception law-enforcement-conduct magistrate-powers qualified-immunity search-and-seizure suppression suppression-of-evidence void-ab-initio warrant-validity |
Whether conduct by law enforcement in securing a void in initio warrant was grossly negligent, thereby precluding application of good-faith exception |
| 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 |
| 18-5247 |
James McCray v. S. L. Burt, Warden |
Sixth Circuit |
2018-07-18 |
Denied |
Response WaivedIFP |
6th-amendment constitutional-violation criminal-procedure due-process judicial-discretion jury-trial minimum-sentence plea-bargaining reasonable-doubt sentencing-guidelines sixth-amendment |
Whether the Sixth Circuit decision is objectively unreasonable as a matter of due process, because McCray's sentencing guidelines offense variable(s) … |
| 18-5258 |
Howell Miller v. United States |
Second Circuit |
2018-07-18 |
Denied |
Response WaivedIFP |
appellate-procedure criminal-procedure due-process en-banc-review judge-found-facts judicial-fact-finding sentencing sentencing-guidelines sixth-amendment uniformity-of-decisions united-states-v-booker |
whether-a-drastically-increased-sentence-violates-the-sixth-amendment |
| 18-5265 |
In Re Brandon Lee |
|
2018-07-18 |
Denied |
IFP |
consent consent-requirements criminal-procedure due-process equal-protection indictment-procedure indictments indigent-defendants judicial-standard prosecutorial-discretion right-to-counsel right-to-effective-assistance-of-counsel right-to-jury-trial standard |
Whether the state can rely on true bill of indictments that meet the clearly erroneous standard without verbal and/or written consent of indigent defe… |
| 18-5271 |
Roger W. Murray v. Charles L. Ryan, Director, Arizona Department of Corrections |
Ninth Circuit |
2018-07-18 |
Denied |
Relisted (2)IFP |
batson batson-challenge Batson-v-Kentucky civil-rights constitutional-rights criminal-procedure due-process equal-protection jury-selection mitigation-evidence ninth-circuit racial-discrimination voir-dire |
Whether the Arizona courts unreasonably applied Batson v. Kentucky and unreasonably determined the constitutionally significant facts, thus violating … |
| 18-5273 |
Davian Wilson v. United States |
Fifth Circuit |
2018-07-18 |
Denied |
Response WaivedIFP |
authentication criminal-procedure criminal-procedure-sufficiency-of-evidence criminal-trial evidence-authentication federal-criminal-procedure federal-jurisdiction guilty-verdict jury-verdict native-american reasonable-jury sentencing-disparities sentencing-disparity standard-of-review sufficiency-of-evidence |
Whether the district court erred in finding sufficient evidence for a guilty verdict against Mr. Wilson |
| 18-5251 |
Sarjo Dambelly v. United States |
Second Circuit |
2018-07-17 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
circuit-split criminal-law criminal-procedure deliberate-avoidance global-tech intent jury-instructions knowledge-standard mens-rea second-circuit willful-blindness |
Whether, in light of Global-Tech, the Second Circuit errs by holding, contrary to at least six other circuits, that willful blindness in a criminal ca… |
| 18-5253 |
Dennis DeCiancio v. United States |
Sixth Circuit |
2018-07-17 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure disclosure-duty due-process duty-to-disclose evidence evidence-admissibility federal-rules-of-evidence free-speech materiality prior-convictions rule-10b-5 securities securities-fraud |
Whether evidence of unrelated prior convictions is admissible in securities fraud cases as direct proof of a fraud under Rule 10b-5, even though there… |
| 18-82 |
Tamara Cotman and Angela Williamson v. Georgia |
Georgia |
2018-07-17 |
Denied |
Response Waived |
acquittal criminal-procedure double-jeopardy double-jeopardy,fifth-amendment,criminal-procedure fifth-amendment jury jury-trial nonunanimous-verdict sixth-amendment sixth-amendment,criminal-procedure,jury,due-proces unanimous-verdict Whether the Double Jeopardy Clause of the Fifth Am |
Whether it is a Violation of the Sixth Amendment for a jury in a criminal case to return a nonunanimous verdict |
| 18-5242 |
Kenneth Martin, Jr. v. United States |
Fifth Circuit |
2018-07-16 |
Denied |
Response WaivedIFP |
burden-of-proof co-conspirator co-conspirator-testimony corroboration corroboration-requirement criminal-conviction criminal-procedure due-process evidence evidentiary-standard fifth-circuit-law plea-bargain sentencing testimony witness-credibility |
Whether the Fifth Circuit's law that allows a conviction based solely on the uncorroborated testimony of a co-conspirator should be abandoned, or at l… |
| 18-5243 |
Curumulathu Jacob v. Virginia |
Virginia |
2018-07-16 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fourteenth-amendment jurisdiction notice-clause sixth-amendment stare-decisis void-ab-initio |
Can a state maintain a judgment which was entered absent jurisdiction under its own stare decisis ruling and which is a violation of the Sixth Amendme… |
| 18-5226 |
Richard Lugo v. United States |
Second Circuit |
2018-07-13 |
Denied |
Response WaivedIFP |
certificate-of-appealability constitutional-rights criminal-procedure direct-appeal due-process habeas-corpus ineffective-assistance-of-counsel right-to-counsel sixth-amendment |
Whether appellate counsel's ineffectiveness deprived petitioner of his right to direct appeal |
| 18-5235 |
Antrone Arness Thomas v. David Chandran |
Fourth Circuit |
2018-07-13 |
Denied |
Response WaivedRelisted (2)IFP |
civil-action civil-procedure civil-rights constitutional-rights conviction-reversal criminal-procedure due-process jury-trial legal-remedy procedural-due-process standing state-criminal-conviction |
Ought I have right to a jury trial? Also a civil action due to my State criminal conviction being reversed? |
| 18-5222 |
Corvain T. Cooper, aka CV v. United States |
Fourth Circuit |
2018-07-12 |
Denied |
IFP |
collateral-review criminal-procedure due-process federal-sentencing federal-statute habeas-corpus invalidated-convictions life-without-parole resentencing sentencing state-convictions |
Whether a petitioner who was sentenced to life without the possibility of parole, which was enhanced by two later invalidated state convictions, may a… |
| 18-5225 |
Junaidu Saljan Savage, aka James Kamara v. United States |
Fourth Circuit |
2018-07-12 |
Denied |
Response WaivedIFP |
brady-disclosure brady-v-maryland constitutional-rights criminal-procedure due-process federal-courts-of-appeal in-camera-review pennsylvania-v-ritchie precedent prosecutorial-evidence prosecutorial-misconduct ritchie standing |
Whether, under Pennsylvania v. Ritchie, 480 U.S. 39 (1987), defendants requesting in camera review for potential required disclosures in accordance wi… |
| 18-66 |
Regis Blake Ross v. Arizona |
Arizona |
2018-07-12 |
Denied |
|
constitutional-review criminal-procedure due-process effective-assistance-of-counsel evidentiary-hearing federal-review-standards ineffective-assistance plea-bargaining plea-voluntariness post-conviction-relief standard-of-review supreme-court-precedent |
Did the Arizona courts err in failing to apply the proper federal standard of review for claims of ineffective assistance of counsel, involuntary plea… |
| 18-60 |
Amira Olivia Gunn v. North Dakota |
North Dakota |
2018-07-11 |
Denied |
Response Waived |
civil-rights constitutional-rights criminal-procedure due-process first-amendment fourteenth-amendment free-speech speech-protection |
Whether Gunn was convicted of speech protected by the Free Speech Clause of the First Amendment, applicable to the States under the Due Process Clause… |
| 18-5201 |
Henry Bryan Lowe v. Darrel Vannoy, Warden |
Fifth Circuit |
2018-07-11 |
Denied |
IFP |
14th-amendment 5th-amendment 6th-amendment brady-v-maryland civil-rights constitutional-rights criminal-procedure due-process evidence evidence-suppression expert-witness fifth-amendment ineffective-assistance sixth-amendment |
Ineffective-assistance-of-counsel |
| 18-5202 |
Samuel Knowles v. United States |
Eleventh Circuit |
2018-07-11 |
Denied |
Response WaivedIFP |
certificate-of-appealability consular-notification criminal-procedure due-process extradition extradition-process international-treaty jurisdiction jurisdictional-defect |
Question not identified |
| 18-5204 |
Jose Luis Morales v. United States |
Fifth Circuit |
2018-07-11 |
Denied |
Response WaivedIFP |
acceptance-of-responsibility criminal-procedure due-process enhancement evidence fact-finding immigration immigration-law judicial-error sentencing sentencing-enhancement sentencing-guidelines statutory-interpretation undocumented-aliens |
Whether the lower court erred in applying the enhancement under section 2L1.1(b)(2)(B) for transporting aliens |
| 18-5212 |
Markentz Blanc v. United States |
Eleventh Circuit |
2018-07-11 |
Denied |
Response WaivedIFP |
11th-circuit 4th-amendment 5th-amendment 6th-amendment appellate-review circuit-court criminal-procedure criminal-procedure-flight-instructions district-court due-process elements flight-instructions prejudice prior-decisions sufficiency-of-evidence wiretap wiretap-evidence |
Whether the Eleventh Circuit erred in affirming the district court's rulings on the flight instructions, the necessity requirement for the wiretap, an… |
| 18-5177 |
Herman Majors v. United States |
Sixth Circuit |
2018-07-10 |
Denied |
Response WaivedIFP |
concurrent-sentence criminal-law criminal-procedure drug-conspiracy drug-quantity due-process foreseeable-drug-quantity ineffective-assistance sentencing sentencing-prejudice sixth-amendment |
Whether a defendant in a drug conspiracy case suffers prejudice when his attorney fails to argue at sentencing that foreseeable drug quantity is limit… |
| 18-5182 |
Carlton Butler v. United States |
Eleventh Circuit |
2018-07-10 |
Denied |
IFP |
circuit-split count-of-conviction criminal-procedure district-court-authority federal-rules-of-criminal-procedure illegal-sentence reallocation reallocation-of-sentences rule-35 scope-of-judicial-power sentencing split-among-circuits |
Whether Federal Rule of Criminal Procedure 35(a) grants a district court authority to reallocate the illegal portion of a term of imprisonment levied … |
| 18-5184 |
Ahmad Sayed Hashimi v. United States |
Fourth Circuit |
2018-07-10 |
GVR |
IFP |
appeal criminal-defense criminal-procedure due-process harmless-error ineffective-assistance-of-counsel right-to-counsel right-to-maintain-innocence sixth-amendment supreme-court-precedent trial-strategy |
Whether the case of United States v. Anmad Hashimi should be remanded for review and decision by the Fourth Circuit Court of Appeals in light of the U… |
| 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 … |
| 18-53 |
Lance Dillard, aka Double v. United States |
Seventh Circuit |
2018-07-10 |
Denied |
Response Waived |
constitutional-safeguards criminal-procedure due-process fair-trial internet-access internet-publicity judicial-controls juror-misconduct jury-instructions prejudicial-publicity sixth-amendment |
fair-trial |
| 18-5168 |
Jose Palacios, Jr. v. United States |
Fifth Circuit |
2018-07-09 |
Denied |
IFP |
appeal appellate-review circuit-split criminal-procedure criminal-sentencing de-novo-resentencing due-process remand remand-rule resentencing sentencing sentencing-guidelines |
Should this Court resolve the conflict among the circuits concerning whether the remand rule should be interpreted restrictively, as held by three cir… |
| 18-5171 |
Erick Rolando Lopez-Mendez v. United States |
Fifth Circuit |
2018-07-09 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure criminal-sentencing due-process empirical-basis federal-sentencing illegal-reentry immigration presumption-of-reasonableness sentencing-guidelines |
Whether a sentence produced by the former illegal-reentry guideline, §2L1.2, is entitled to a presumption of reasonableness on appeal |
| 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… |
| 18-36 |
Gregory Brice v. United States |
District of Columbia |
2018-07-06 |
Denied |
|
alternate-suspect brady-v-maryland brady-violation criminal-procedure due-process exculpatory-evidence motive motive-evidence new-trial post-trial-confession suppressed-evidence |
Whether the government violated its obligations under Brady v. Maryland by suppressing evidence showing that the leading alternate suspect had a power… |
| 18-5094 |
Jerry Wayne Sherry v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2018-07-06 |
Denied |
Relisted (2)IFP |
criminal-procedure direct-appeal due-process fourth-amendment ineffective-assistance motion-to-suppress preservation-of-error retroactive-precedent retroactivity |
Whether defense counsel has a duty to object to inadmissible evidence, and, or file a motion to suppress evidence under the Fourth Amendment to preser… |
| 18-5112 |
Benjamin Fredrick Charles Robinson v. United States |
Sixth Circuit |
2018-07-06 |
Denied |
Response WaivedIFP |
base-offense-level criminal-procedure criminal-sentencing dismissed-count due-process mandatory-minimum restitution sentencing-guidelines statutory-minimum upward-departure |
Whether a four-level upward departure for conduct underlying a dismissed count is reasonable when the conduct was already accounted for in the base of… |
| 18-5129 |
Rodolfo Trejo v. United States |
Sixth Circuit |
2018-07-06 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure criminal-sentencing double-counting due-process eighth-amendment equal-protection immigration sentencing sentencing-disparity sentencing-guidelines statutory-interpretation substantive-reasonableness |
Whether Petitioner's Sentence Constitutes Impermissible Double Counting |
| 18-5139 |
Donald Keith Runnels v. Presley Bordelon, Warden |
Fifth Circuit |
2018-07-06 |
Denied |
Relisted (2)IFP |
appeals civil-rights criminal-procedure double-jeopardy due-process ex-post-facto habeas-corpus new-trial sentencing |
Whether the district court erred in denying petitioner's motion for a new trial and vacating his sentence, and whether the court violated the Double J… |
| 18-5152 |
Rodney Howard v. United States |
Third Circuit |
2018-07-06 |
Denied |
Response WaivedIFP |
batson-challenge batson-v-kentucky criminal-procedure equal-protection jury-selection peremptory-challenges peremptory-strikes prima-facie prima-facie-case prosecutorial-misconduct racial-discrimination |
Does a black defendant make a prima facie showing of discriminatory use of peremptory strikes under Batson's first step when he demonstrates that the … |
| 18-5161 |
Marvin Waddleton, III v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2018-07-06 |
Denied |
Relisted (2)IFP |
aedpa burden-of-proof constitutional-review criminal-procedure due-process jackson-standard plain-error pro-se right-to-counsel state-court-review statutory-interpretation sufficiency-of-evidence |
Whether the state court's application of the Jackson standard of review in evaluating the sufficiency of the evidence violated clearly established fed… |
| 18-5162 |
Ellord Wells v. Mary Potter, Warden |
Sixth Circuit |
2018-07-06 |
Denied |
Response WaivedIFP |
due-process guilty-plea mandatory-sentence sixth-amendment trial-court appeal constitutional-rights criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel mandatory-sentence sentencing sixth-amendment |
Whether appellate counsel rendered ineffective assistance by not arguing that the trial court failed to inform the appellant of the mandatory nature o… |
| 18-5163 |
Kai Uwe Thier v. Florida |
Florida |
2018-07-06 |
Denied |
Response WaivedRelisted (2)IFP |
consular-relations consular-rights criminal-procedure due-process habeas-corpus incriminating-statement international-treaties international-treaty law-enforcement miranda-rights vienna-convention vienna-convention-on-consular-relations |
Whether petitioner is entitled to discharge or a new trial based on a violation of international treaties as codified in the Vienna Convention on Cons… |
| 18-5167 |
Levar Brown v. California |
California |
2018-07-06 |
Denied |
IFP |
2nd-amendment civil-rights criminal-justice-system criminal-procedure due-process felon-in-possession firearm-regulations second-amendment self-defense statutory-interpretation |
Whether the petitioner's conviction for possession of a firearm by a felon under 18 U.S.C. 922(g) violates the Second Amendment and due process rights |
| 18-29 |
Shailendra Bhawnani, et al. v. United States District Court for the Eastern District of New York, et al. |
Second Circuit |
2018-07-05 |
Denied |
|
criminal-procedure criminal-restitution fraud judicial-discretion legal-scope mandatory-victims-restitution-act restitution statutory-interpretation victim-compensation victim-definition |
Whether the definition of 'victim' under the Mandatory Victims Restitution Act, 18 U.S.C. 3663A(a)(2), includes all victims directly and proximately h… |
| 18-35 |
Pennsylvania v. Roderick Andre Johnson |
Pennsylvania |
2018-07-05 |
Denied |
|
brady-analysis Brady-materiality confessions constitutional-procedure corroborating-evidence criminal-confession criminal-procedure due-process materiality prosecutorial-disclosure witness-impeachment |
Whether the prosecution's nondisclosure of arguably impeaching information relating to a witness who linked the defendant with two murders can be mate… |
| 18-5114 |
Nigel L. Faison v. United States |
Fourth Circuit |
2018-07-05 |
Denied |
Response WaivedIFP |
civil-procedure civil-rights criminal-procedure due-process jurisdiction plea-bargaining sentencing sentencing-guidelines standing statutory-interpretation takings |
Whether the district court erred in accepting the petitioner's guilty plea without a sufficient factual basis, in violation of due process |
| 18-5117 |
Glendrict Frazier v. United States |
Fourth Circuit |
2018-07-05 |
Denied |
Response WaivedIFP |
anders-motion anders-v-california appellate-procedure civil-rights constitutional-rule criminal-procedure direct-appeal direct-review due-process habeas-corpus ineffective-assistance retroactivity |
Did the Appeals Court Follow the Ruling in Griffith v. Kentucky, 479 U.S. 314, 328, 107 S.Ct. 708 (1987) (holding that on direct review a new constitu… |
| 18-5123 |
Eric Glenn Parker v. United States |
Fifth Circuit |
2018-07-05 |
Denied |
Response WaivedIFP |
aiding-abetting aiding-and-abetting conspiracy criminal-conviction criminal-procedure district-court jurisdiction murder murder-charge rico rico-conspiracy sixth-amendment venue venue-proof |
Was venue proven to convict Eric Glenn Parker of conspiracy to commit RICO and aiding and abetting murder in the Northern District of Mississippi? |
| 18-5127 |
Martinez Orlando Black v. North Carolina |
North Carolina |
2018-07-05 |
Denied |
IFP |
criminal-procedure due-process felony-classification habitual-offender ineffective-assistance-of-counsel juvenile-delinquency prior-conviction recidivism sentencing sentencing-enhancement sixth-amendment |
Did the failure of defense counsel to object to the increase in Petitioner's sentence into the 'aggravated range' at Felony Class C, by use of a prior… |
| 18-5141 |
Taylor Don Frederiksen v. Texas |
Texas |
2018-07-05 |
Denied |
IFP |
appeal appellate-procedure collateral-consequences court-standards criminal-procedure due-process ineffective-assistance judicial-review legal-argument prejudice procedural-rules right-to-appeal right-to-counsel state-court-procedures state-court-rules |
Whether Mr. Frederiksen should continue to suffer prejudice and collateral legal consequences from his uncounseled conviction when the lower state cou… |
| 18-5142 |
Robert Jay Heximer v. Michigan |
Michigan |
2018-07-05 |
Denied |
IFP |
4th-amendment civil-rights constitutional-rights criminal-procedure criminal-procedure-4th-amendment-exclusionary-rule due-process exclusionary-rule fourth-amendment illegal-detention jurisdiction probable-cause standing subject-matter-jurisdiction |
Whether the evidence acquired during Mr. Heximer's illegal detention is inadmissible under clearly-established law |
| 18-5143 |
Robert Graham v. Melissa Hainsworth, Superintendent, State Correctional Institution at Somerset, et al. |
Third Circuit |
2018-07-05 |
Denied |
IFP |
admissibility batson-vs-kentucky criminal-procedure due-process fingerprinting fingerprinting-expert identification identification-testimony preliminary-hearing reliability trial-evidence witness-credibility |
Is an in-court identification of the defendant as the robber admissible at trial in the absence of a due process hearing to first determine the reliab… |
| 18-5144 |
Julio Gutierrez-Jaramillo v. Warden, FCI Gilmer |
Fourth Circuit |
2018-07-05 |
Denied |
Response WaivedIFP |
18-usc-3585 bureau-of-prisons bureau-of-prisons-program-statement criminal-procedure due-process extradition federal-bureau-of-prisons foreign-detention judicial-discretion sentencing sentencing-credit sentencing-guidelines time-credit time-served united-states-v-wilson |
Whether prior credit for time held in foreign detention can only be given by the Federal Bureau of Prisons and not by the district court at sentencing |
| 18-20 |
Arkadiy Bangiyev v. United States |
Fourth Circuit |
2018-07-03 |
Denied |
Response Waived |
28-usc-2255 certificate-of-appealability counsel-stipulation criminal-procedure evidentiary-hearing ineffective-assistance-of-counsel plea-bargain plea-bargaining sentencing-enhancement sentencing-guidelines sixth-amendment writ-of-certiorari |
Did the court of appeals err in denying petitioner's motion for a certificate of appealability to review the denial of an evidentiary hearing on petit… |
| 18-5075 |
Felix A. Okafor v. United States |
Fourth Circuit |
2018-07-03 |
Denied |
Response WaivedRelisted (2)IFP |
beyond-reasonable-doubt-standard Blockburger-test blockburger-v-united-states Brady-v-Maryland concurrent-sentence criminal-procedure double-jeopardy due-process exculpatory-evidence glover-v-united-states in-re-winship kyles-v-whitley ray-v-united-states sentencing sentencing-determination sixth-amendment |
May a conviction that is admittedly a violation of the concurrent-sentence-doctrine be allowed to stand in light of Ray-v-United-States |
| 18-5079 |
Michelle Lyn Michaud v. California |
California |
2018-07-03 |
Denied |
IFP |
aiding-and-abetting burden-of-proof constitutional-error criminal-liability criminal-procedure due-process factfinding-function fifth-amendment jury-instructions jury-trial jury-trial-guarantees reasonable-doubt sixth-amendment |
Whether the trial court's incorrect instruction on aiding and abetting liability violated the constitutional jury trial guarantees of the Fifth, Sixth… |
| 18-5081 |
Alvin Leroy Morton v. Florida |
Florida |
2018-07-03 |
Denied |
IFP |
binding-precedent capital-sentencing criminal-procedure death-penalty death-penalty-sentencing federal-constitutional-rights judicial-discretion jury-instructions jury-responsibility jury-role sentencing-procedure structural-error unanimous-verdict |
Whether structural error occurs when the jury fails to return a verdict as to multiple critical elements necessary to impose the death penalty |
| 18-5102 |
Scooter L. Robinson v. Frank Shaw, Warden, et al. |
Fifth Circuit |
2018-07-03 |
Denied |
IFP |
4th-amendment civil-procedure civil-rights criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel search-and-seizure standing |
Whether the petitioner's constitutional rights were violated by the state court's denial of his motion to suppress evidence obtained in violation of t… |
| 18-5109 |
Reggie Rankins v. Illinois |
Illinois |
2018-07-03 |
Denied |
IFP |
criminal-procedure due-process evidence jurisdiction jury-trial sentencing sexual-assault statutory-interpretation |
Did the State of Illinois properly disrnim a conviction based upon the evidence of J.P. testimony, and in accordance with statute 720 ILCS 5/11-1.30(A… |
| 18-5110 |
Abron Spraggins v. Rusty Washburn, Warden |
Sixth Circuit |
2018-07-03 |
Denied |
Response WaivedIFP |
appellate-review cause-and-prejudice civil-rights constitutional-claims criminal-procedure due-process federal-claim federal-jurisdiction habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prior-decisions procedural-default state-appellate-court |
Is the decision of the court of appeals regarding the procedural default of petitioner's ineffective assistance of counsel claims in conflict with or … |
| 18-16 |
Larone Frederick Elijah v. United States |
Fourth Circuit |
2018-07-02 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
appellate-review criminal-procedure criminal-procedure-sentencing-guidelines-harmless- district-court federal-sentencing harmless-error procedural-reasonableness sentencing-guidelines substantive-reasonableness variance-sentence |
When a criminal defendant argues that a district court made an error in calculating his United States Sentencing Guidelines range resulting in a sente… |
| 18-5007 |
David Lemoe Tua v. California |
California |
2018-07-02 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fair-trial gang-enhancement insufficient-evidence prosecutorial-misconduct severance sufficiency-of-evidence trial-severance |
Whether the state court's refusal to sever petitioner's trial from that of his codefendant and refusal to sever the gang enhancement allegations viola… |
| 18-5044 |
Laurenano Angulo Riascos v. United States |
Eleventh Circuit |
2018-07-02 |
Denied |
Response WaivedIFP |
appeal appellate-procedure certificate-of-appealability constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance section-2255 sixth-amendment |
Whether the Court of Appeals for the Eleventh Circuit erred in denying petitioner's request for a certificate of appealability to review the district … |
| 18-5064 |
In Re Kenneth Gaylord Stokes |
|
2018-07-02 |
Denied |
Response WaivedIFP |
actual-innocence civil-procedure criminal-procedure double-jeopardy due-process ex-post-facto habeas-corpus jurisdiction lower-court-decisions standing takings |
Is petitioner entitled to immediate relief, including mandamus, from this court for a claim of actual innocence with regard to double ex post facto vi… |
| 18-5072 |
Jill M. Evans v. United States |
Tenth Circuit |
2018-07-02 |
Denied |
Response WaivedIFP |
acceptance-of-responsibility burden-on-court-system criminal-procedure due-process efficient-punishment federal-sentencing federal-sentencing-guidelines guilty-plea plea-bargaining sentencing sentencing-guidelines unrelated-offenses |
Should a defendant receive credit under the acceptance of responsibility guideline for entering a guilty plea, even if alleged to have committed unrel… |
| 18-5073 |
Victor Armando Cruz-Colocho v. United States |
Fifth Circuit |
2018-07-02 |
Denied |
Response WaivedIFP |
almendarez-torres apprendi apprendi-rule criminal-procedure due-process prior-conviction recidivism sentencing sentencing-enhancement sixth-amendment |
Should the Court consider the continuing validity of Almendarez-Torres v. United States, 523 U.S. 244 (1998), in light of the reasoning of Apprendi v.… |
| 18-5083 |
Rahman Fulton v. United States |
Third Circuit |
2018-07-02 |
Denied |
Response WaivedIFP |
18-usc-924 18-usc-924c bank-robbery crime-of-violence criminal-procedure due-process extortion force-clause mathis-v-united-states mens-rea residual-clause statutory-interpretation |
Whether the federal bank robbery statute requires a knowing or intentional mens rea, and whether the 'force' clause of 18 U.S.C. 924(c)(3)(A) applies … |
| 18-5085 |
Teon Jamell Williams v. North Carolina |
North Carolina |
2018-07-02 |
Denied |
Response WaivedIFP |
4th-amendment cell-phone-privacy collateral-estoppel constitutional-rights criminal-procedure direct-appeal double-jeopardy effective-assistance-of-counsel fourth-amendment ineffective-assistance-of-counsel search-and-seizure sixth-amendment state-law warrantless-search |
Whether the petitioner's right to effective assistance of counsel in his first direct appeal of right was violated when counsel refused to brief his F… |
| 18-5086 |
Brian Keith Uzzle v. Lesley Fleming, Warden |
Fourth Circuit |
2018-07-02 |
Denied |
Response WaivedIFP |
criminal-procedure custody custody-status double-jeopardy due-process nolle-prosequi nolle-prosequy prosecutorial-discretion prosecutorial-misconduct re-indictment reindictment speedy-trial |
Whether a state court may indefinitely postpone prosecution over the accused's objection by nolle-prosequi and re-indictment of the same charges, know… |
| 18-5089 |
Kevin Khaaliq Beamon v. United States |
Fourth Circuit |
2018-07-02 |
Denied |
Response WaivedIFP |
18-usc-3553(a) criminal-history criminal-procedure criminal-sentencing due-process judicial-discretion sentencing-guidelines sentencing-upon-revocation sentencing-variance substance-addiction supervised-release upward-variance |
Whether a district court may impose a significant upward variance at sentencing upon revocation of supervised release on an individual who had never b… |
| 18-5039 |
Guy Kevin Rowland v. Kevin Chappell, Warden |
Ninth Circuit |
2018-06-29 |
Denied |
IFP |
aedpa criminal-procedure due-process federal-court federal-procedure good-faith habeas-corpus habeas-corpus-petition local-rules state-court statute-of-limitations |
Does the AEDPA apply where Petitioner's attorneys relied in good faith on the federal district court's local rules |
| 18-5046 |
Giezi Magno Zamora v. United States |
Eleventh Circuit |
2018-06-29 |
Denied |
Response WaivedIFP |
appeals criminal-procedure drug-trafficking due-process eleventh-circuit evidence habeas-corpus international-law judicial-review maritime-law sentencing sentencing-reasonableness writ-of-certiorari |
Whether the Eleventh Circuit Court of Appeals erroneously denied a motion where the petitioner showed new evidence to warrant an immediate release due… |
| 18-5048 |
John W. Taylor v. Richard Brown, Superintendent, Wabash Valley Correctional Facility |
Seventh Circuit |
2018-06-29 |
Denied |
Response WaivedIFP |
aggravated-battery attempted-murder criminal-procedure due-process ineffective-assistance jury-instructions lesser-included-offense lesser-included-offenses sixth-amendment strickland-v-washington |
Whether Taylor was denied his right to effective assistance of trial counsel guaranteed by the 6th Amendment |
| 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… |
| 18-8 |
Samuel Cohen v. United States |
Ninth Circuit |
2018-06-29 |
Denied |
Response Waived |
civil-procedure criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel sentencing sixth-amendment standing |
Whether the Ninth Circuit erred in affirming the district court's denial of Samuel Cohen's motion to vacate his sentence under 28 U.S.C. § 2255 based … |
| 18-5001 |
John Theodore Hancock v. United States |
Sixth Circuit |
2018-06-28 |
Denied |
Response WaivedIFP |
burrage-standard but-for-causation causation criminal-law criminal-procedure death-penalty death-resulting due-process jury-instruction jury-instructions sentencing statutory-interpretation |
Whether a jury instruction that submits the question of whether a death was the result of the accused's offense by simply tracking the statutory langu… |
| 18-5003 |
Rolando Mulet v. United States |
Eleventh Circuit |
2018-06-28 |
Denied |
IFP |
5th-amendment circuit-split constitutional-protection criminal-procedure fifth-amendment law-enforcement-questioning miranda miranda-rights pre-arrest pre-arrest-silence pre-miranda self-incrimination |
Whether the Fifth Amendment's Self-Incrimination Clause protects a defendant's pre-arrest, pre-Miranda silence from being used as evidence at trial |
| 18-5021 |
Paul Alfred Brown v. Florida |
Florida |
2018-06-28 |
Denied |
IFP |
constitutional-rights criminal-procedure death-penalty due-process eighth-amendment equal-protection fourteenth-amendment hurst-retroactivity hurst-v-florida retroactivity ring-v-arizona supremacy-clause supreme-court-review |
Does the Florida Supreme Court's partial retroactivity formula for Hurst v. Florida violations violate the Eighth and Fourteenth Amendments? |
| 18-5022 |
Marcus Kalani Watson, aka Kiki Seui, and Rogussia Eddie Allen Danielson v. United States |
Ninth Circuit |
2018-06-28 |
Denied |
Response WaivedIFP |
armed-career-criminal-act bank-robbery criminal-procedure federal-bank-robbery force-clause sentencing-enhancement slight-force statutory-interpretation stokeling-v-united-states united-states |
Whether federal bank robbery that requires only slight force is covered by the force clause of 18 U.S.C. §924(c)(3)(A) |
| 18-5027 |
Mark O. Wright v. Virginia |
Virginia |
2018-06-28 |
Denied |
Response WaivedIFP |
appeal criminal-defendant criminal-procedure double-jeopardy due-process judgment-enforcement legal-procedure lesser-included-offense sentencing sixth-amendment state-supreme-court void-ab-initio void-judgment |
Can a state Supreme Court enforce a judgment against a criminal defendant for an offense that was never charged and which was not a lesser included of… |
| 18-5028 |
Carolyn J. Edlind v. United States |
Fourth Circuit |
2018-06-28 |
Denied |
Response WaivedIFP |
18-usc-1512 corrupt-persuasion criminal-intent criminal-law criminal-procedure due-administration-of-justice due-process obstruction-of-justice official-proceeding statutory-interpretation subversion-of-justice sufficiency-of-evidence testimony witness-tampering |
Did the court below err in ruling that there was sufficient evidence to convict the Appellant of using corrupt persuasion toward a witness with the in… |
| 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… |
| 24A239 |
Gavin Blake Davis v. United States |
Fifth Circuit |
|
Presumed Complete |
|
bail-pending-appeal constitutional-rights criminal-procedure due-process fifth-circuit pro-se-petition |
Question not identified. |