Conflict-of-interest

289 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-6647 Emanuel Johnson, Sr. v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2026-01-22 Pending IFP certificate-of-appealability conflict-of-interest death-penalty federal-review habeas-corpus postconviction-review 1. Under the threshold certificate of appealability standard, could reasonable jurists debate a district court's refusal to consolidate inextricably i…
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? …
25-6347 Jim Lundi v. United States Eleventh Circuit 2025-12-12 Denied Response WaivedIFP appellate-counsel conflict-of-interest direct-appeal ineffective-assistance plea-colloquy waiver-of-counsel 1.) Whether Nu appointment of Coun Se | who labors \wh eres \S o bust ok. Aescrehiow 2 ——Aypetlate Counsels fale ' 2.)\whedher \ mdi' Dlea colloquy e…
25-674 George Sachs v. Ricardo Inc., et al. Sixth Circuit 2025-12-10 Pending Response Waived client-representation conflict-of-interest defense-strategy legal-dismissal multi-defendant-case statute-of-limitations 1. When can or cannot a statute of limitations be raised in order to immediately dismiss and prevent a case from moving forward, even one having po…
25-6013 Kimberly Lee Kessler v. Florida Eleventh Circuit 2025-11-03 Denied IFP conflict-of-interest due-process habeas-corpus kangaroo-court prosecutorial-misconduct witness-tampering OR. tteARb me EVER. 8§Ft V41THCUT habbas Corpus )(3^JUSST<6M 3 KANGAROO CSURT Ktspr JUR.y OUT OP TRtlAL <»ouRTROCi/n FbR ftNTiRlT TRiAL— JUR.y NevgR …
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…
25-5871 Isaiah Stacy Alstad v. United States Eighth Circuit 2025-10-14 Denied Response WaivedIFP abuse-of-discretion appellate-review conflict-of-interest constitutional-rights ineffective-assistance summary-dismissal QUESTON NUMBER ONE: Whether the district court abused its discretion by Summarily Dismissing Ground One, Conflict of Interest claim and did the Eight…
25-5855 In Re Caleb McGillvary 2025-10-09 Denied Response WaivedIFP 3rd-circuit conflict-of-interest habeas-corpus judicial-ethics judicial-recusal mandamus 1. Should the writ of mandamus issue to require Circuit Judge Michael A. Chagares to recuse himself from the instant habeas corpus proceedings, when e…
25-5818 Clyde Wendell Smith v. Mississippi Mississippi 2025-10-07 Denied IFP conflict-of-interest effective-assistance-counsel postconviction-relief procedural-bar simultaneous-representation state-court-jurisdiction Petitioner and his brother were adversely situated codefendants in two separate felony cases over which the same judge presided. That judge appointed …
25-371 Clark's Barber Lounge, LLC, et al. v. Destin Health and Fitness, LLC Florida 2025-09-29 Denied Response Waived attorney-representation conflict-of-interest due-process fourteenth-amendment legal-ethics per-curiam 1. Whether a conflict of interest exists for an attorney who gave advice to one client and then represented another client on the same matter, and whe…
25-5703 In Re Steven Ray Wycoff 2025-09-23 Denied IFP aedpa-restrictions conflict-of-interest due-process habeas-corpus innocence-claim prosecutorial-misconduct 1. Whether upon.a court of appeals' denial of leave to file a second federal habeas application AEDPA's § 2244(b) (3) (E) prohibits any party from see…
25-5574 In Re Paul Patrick Jolivette 2025-09-08 Denied IFP conflict-of-interest constitutional-violation habeas-corpus judicial-disqualification jurisdictional-defect magistrate-judge-authority L Did the united states fnagistrate ju^e dennis M. Cota abuse and usurp his authority and. jurisdiction wen he denied Petitioner' Motion to Disqualif…
25-101 J. M. F. v. Angel Quiros, Commissioner, Connecticut Department of Correction Connecticut 2025-07-25 Denied Response Waived conflict-of-interest criminal-defendant effective-counsel legal-malpractice right-to-counsel sixth-amendment Whether the threat of a civil action by a criminal defendant against his attorney is a per se denial of the right to the effective of counsel guarante…
25-5145 Nicholas Bernard Acklin v. John Q. Hamm, Commissioner, Alabama Department of Corrections, et al. Eleventh Circuit 2025-07-18 Denied IFP attorney-ethics conflict-of-interest constitutional-rights death-penalty habeas-corpus ineffective-assistance-of-counsel This is a death penalty case from Alabama in which the following occurred: (1) the defense attorney was being paid in substantial part by the defenda…
24-7437 Kaveh L. Afrasiabi v. President and Fellows of Harvard College Massachusetts 2025-06-16 Denied Response WaivedIFP conflict-of-interest due-process harvard-university judicial-ethics judicial-recusal procedural-fairness Whether a presiding justice should have recused himself from a case involving Harvard University due to extensive connections and potential conflict o…
24-7416 Courtney B. Mathews v. Tennessee Tennessee 2025-06-13 Denied IFP attorney-client-privilege conflict-of-interest criminal-defense due-process ethical-burden trial-errors Does a criminal defense attorney becoming a witness against their own client due to intentional waiver of attorney-client privilege, creating divergen…
24-7395 In Re Isaac Gray 2025-06-10 Denied IFP brady-violation conflict-of-interest ineffective-assistance peremptory-challenges prosecutorial-misconduct trial-counsel Did the State court err in denying trial counsel's effectiveness in multiple instances, including challenging peremptory challenges, filing sentence m…
24A1168 Richard W. Gannett v. Board of Bar Overseers Massachusetts 2025-05-30 Presumed Complete bar-discipline conflict-of-interest disbarment right-to-counsel sixth-amendment waiver Whether the Sixth Amendment guarantees a right to counsel in state bar disciplinary proceedings, and whether a petitioner must use specific language t…
24-7236 Benjamin Ritchie v. Ron Neal, Warden Seventh Circuit 2025-05-19 Denied IFP conflict-of-interest counsel-replacement habeas-corpus rule-60(b) substantial-likelihood time-limitation Is a Rule 60(b) motion filed less than seven months after the appointment of conflict-free federal habeas counsel categorically untimely such that it …
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 Whether district courts and parties in criminal cases can establish a uniform standard for addressing conflicts of interest in attorney representation…
24-7181 Robert Carl Sharp v. United States Eighth Circuit 2025-05-12 Denied Response WaivedIFP circuit-split conflict-of-interest ineffective-assistance-counsel post-conviction-relief sentencing-enhancement sixth-amendment Does the Cuyler v. Sullivan standard for conflict of interest apply uniformly across circuits when assessing Sixth Amendment violations in successive …
24-954 Anthony Vetri v. United States Third Circuit 2025-03-05 Denied Response Waived conflict-of-interest criminal-defense cronic-standard effective-counsel sixth-amendment strickland-standard Whether a defendant must show actual prejudice or can rely on a presumption of prejudice when some, but not all, attorneys in a multi-attorney represe…
24-944 Cellspin Soft, Inc. v. Fitbit LLC, et al. Federal Circuit 2025-03-04 Denied Relisted (2) conflict-of-interest due-process investment-disclosure judicial-ethics judicial-recusal statutory-interpretation Whether the failure to rule on judicial recusal under 28 U.S.C. § 455(a) constitutes a due process violation when a judge's spouse has financial ties …
24-763 In Re Bo Zou 2025-01-17 Denied Relisted (2) appellate-review conflict-of-interest court-jurisdiction judicial-recusal legal-ethics procedural-irregularity Whether district judge John D. Russell may hear his Client's Case after leaving his former law firm one month prior, and whether the Tenth Circuit Cou…
24-707 Lakshmi Arunachalam v. International Business Machines Corporation, et al. Federal Circuit 2025-01-02 Denied Response Waived conflict-of-interest due-process impartiality judicial-disqualification judicial-ethics right-to-appeal Can a judge with a financial conflict of interest issue a binding order in favor of the stock-issuing party?
24A562 Ikechukwu Okorie v. University Mall, LLC Fifth Circuit 2024-12-09 Presumed Complete conflict-of-interest judicial-ethics judicial-impartiality mandamus-petition procedural-irregularity writ-of-possession Whether a federal district court judge's potential conflict of interest, arising from being a named defendant in a related lawsuit, requires mandatory…
24A491 Stephen C. Stanko v. Bryan P. Stirling, Director, South Carolina Department of Corrections, et al. Fourth Circuit 2024-11-18 Presumed Complete conflict-of-interest expert-services habeas-corpus ineffective-assistance trial-counsel waiver Whether an actual conflict of trial counsel that adversely affects representation can be validly waived without fully advising the client of the conse…
24-281 Kishna S. Minor v. Anne M. Heishman, Commissioner of Accounts Virginia 2024-09-12 Denied Response Waived conflict-of-interest due-process fiduciary-oversight judicial-impartiality quasi-judicial-officer state-court-procedure Whether a Commissioner of Accounts violates the Due Process Clause by acting as both an accuser and adjudicator in fiduciary oversight proceedings
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 Whether an unwaivable conflict arises when counsel and client are implicated in the same crime, and if so, what procedural and substantive standards a…
24-5310 Paul Wagner v. United States Ninth Circuit 2024-08-13 Denied Response WaivedIFP conflict-of-interest criminal-investigation due-process right-to-counsel sixth-amendment trial-attorney Whether a trial attorney's knowledge of a concurrent federal criminal investigation constitutes a disqualifying conflict of interest under the Sixth A…
24A29 Rosalind Holmes v. United States, et al. Ohio 2024-07-11 Presumed Complete conflict-of-interest constitutional-rights federal-defendants injunctive-relief pro-se-litigation sixth-circuit Whether a pro se litigant can obtain emergency injunctive relief against multiple government officials and entities for alleged constitutional rights …
23-7798 Evan C. Wilhelm v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2024-06-25 Denied Response WaivedIFP christeson-v-roper conflict-of-interest counsel-performance cuyler-v-sullivan ineffective-assistance ineffective-assistance-of-counsel legal-ethics prejudice-presumption presumption-of-prejudice professional-reputation professional-responsibility Whether prejudice should be presumed when a conflict of interest forces Counsel to choose between denigrating their own performance on behalf of their…
23-1318 Arthur Lopez v. MUFG Holding Corporation, et al. California 2024-06-18 Denied civil-procedure civil-rights conflict-of-interest due-process emotional-distress judicial-recusal recusal self-representation standing due-process-clause
23-1315 Maxwell Jones v. United States Federal Circuit 2024-06-17 Denied Response Waived administrative-procedure arbitrary-and-capricious arbitrary-capricious conflict-of-interest dfas-denial forged-documents judicial-immunity military-pay military-records records-correction wrongful-discharge Whether the military pay and records correction case involves issues of wrongful discharge, forged documents, and conflict of interest
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…
23-1241 Jeffrey Fay Pike v. United States Fifth Circuit 2024-05-24 Denied Response Waived conflict-of-interest counsel-of-choice disqualification due-process ex-parte ex-parte-proceeding fifth-amendment prosecution-witness right-to-counsel sixth-amendment Does it deny a defendant due process of law to disqualify trial counsel based on a purported conflict of interest following the ex parte consideration…
23-7464 Michael Grady v. United States Eighth Circuit 2024-05-13 Denied Response WaivedIFP abuse-of-discretion circuit-split conflict-of-interest constitutional-right constitutional-rights counsel-of-choice disqualification-of-counsel eighth-circuit Whether the Eighth Circuit's decision to uphold the disqualification of Petitioner's counsel of choice deprived him of his constitutional right to rep…
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 Was counsel ineffective in not using compulsory process for obtaining witnesses in the movant's favor?
23-7403 Alex A. Campbell v. United States Seventh Circuit 2024-05-07 Denied Response WaivedIFP appeals conflict-of-interest court-appointed-counsel due-process fraud-on-court government-interference habeas-petition habeas-petitions judicial-conflict-of-interest procedural-due-process sitting-judges Whether procedural due process, due process rights, or the provision due process clause is violated/and or an conflict of interest, when an court appo…
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…
23A901 Carl Gordon v. Gavin Newsom, Governor of California, et al. Ninth Circuit 2024-04-09 Presumed Complete california-constitution conflict-of-interest constitutional-authority false-claims-act gubernatorial-recall void-ab-initio Whether the California gubernatorial recall election and laws enacted during that period are void ab initio due to Governor Newsom's alleged lack of c…
23-7119 Brian J. Dorsey v. David Vandergriff, Warden Missouri 2024-04-02 Denied IFP appointed-counsel capital-murder conflict-of-interest constitutional-rights cuyler-v-sullivan flat-fee-contract ineffective-assistance ineffective-assistance-of-counsel strickland Whether, where appointed counsel in a capital case had a flat-fee contract and failed to investigate or challenge a capital murder charge to the clien…
23A876 Brian J. Dorsey v. David Vandergriff, Warden Missouri 2024-04-02 Denied capital-case conflict-of-interest effective-assistance flat-fee-contract ineffective-counsel sixth-amendment Whether a capital defendant's appointed counsel's flat-fee contract constitutes an actual conflict of interest that warrants a presumption of prejudic…
23-7031 Bryan Lee Gregory v. United States Eighth Circuit 2024-03-19 Denied Response WaivedIFP civil-rights conflict-of-interest due-process fair-trial habeas-corpus ineffective-assistance-of-counsel judicial-bias plea-waiver procedural-fairness standing Was judge bias in raising affirmative defense
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 Were Christopher Mh cheloth's 5th amendment constitutional rights violated?
23-6985 Susmita Nayak v. Superior Court of California, Contra Costa County, et al. California 2024-03-15 Denied IFP case-categorization cert-worthy civil-procedure conflict-of-interest court-jurisdiction judicial-review legal-standing lower-courts Whether there is a possibility of conflict of interest between the lower courts pertaining to the filed civil case categorization and corresponding co…
23A802 Raj G. Shekar v. Illinois Illinois 2024-02-29 Presumed Complete conflict-of-interest constitutional-rights discretionary-review fourth-amendment judicial-bias prosecutorial-misconduct Whether the Fourth Amendment bars state court proceedings tainted by alleged judicial bias and prosecutorial misconduct when a judge and prosecutor ha…
23-6856 Stephen Aguiar v. United States Second Circuit 2024-02-28 Denied Response WaivedIFP certificate-of-appealability civil-rights conflict-of-interest due-process fraud-on-court government-fraud habeas habeas-corpus ineffective-assistance rule-60b sixth-amendment Whether the Second Circuit wrongly denied a COA
23-6735 Fuhai Li v. United States Third Circuit 2024-02-13 Denied Response WaivedIFP actual-innocence certificate-of-appealability change-in-law conflict-of-interest fraudulent-conduct ineffective-assistance ineffective-assistance-of-counsel mandate-recall new-evidence Whether the court of appeals erred in denying petitioner's motion to recall its mandate when petitioner has demonstrated actual innocence or a change …
23-6737 Anthony F. Wainwright v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2024-02-13 Denied IFP attorney-misconduct conflict-of-interest due-process equitable-tolling evidentiary-hearing federal-procedure habeas-corpus ineffective-assistance rule-60b Whether habeas counsel's unsworn representations can rebut a petitioner's allegation of dishonesty
23-823 Maurice J. Salem v. Illinois Attorney Registration and Disciplinary Commission, et al. Seventh Circuit 2024-01-30 Denied appellate-review civil-rights conflict-of-interest due-process judicial-ethics judicial-recusal judicial-system public-confidence rule-12b sanctions standing whether-enforcing-28-usc-455(a)-will-restore-public-confidence
23-816 In Re Shiva Akula 2024-01-29 Denied Response Waived civil-rights conflict-of-interest district-court due-process financial-disclosure judicial-ethics judicial-impartiality judicial-recusal recusal standing venue Does district-court-judges have-to-disclose-financial-holdings
23-6536 Kidada Savage v. United States Third Circuit 2024-01-23 Denied Response WaivedIFP attorney-conflict-of-interest conflict-of-interest constitutional-rights due-process effective-assistance-of-counsel prejudice sixth-amendment trial-court-inquiry Whether the Third Circuit erroneously extended Cuyler v. Sullivan
23-744 Arthur Lopez v. Our Lady Queen of Angels Catholic Church California 2024-01-10 Denied Response WaivedRelisted (2) civil-procedure civil-rights conflict-of-interest due-process judicial-recusal recusal right-to-appeal self-represented-litigant standing Should Due Process be afforded to self-represented litigant in civil case against Catholic Church?
23-6284 David Pontier v. Joseph Dang, dba Law Office of Joseph Dang Ninth Circuit 2023-12-18 Denied IFP civil-procedure conflict-of-interest fdcpa federal-interpleader federal-jurisdiction interpleader judicial-ethics standing statute-of-limitations subject-matter-jurisdiction Question not identified.
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 Whether a prosecutor's duty to disclose exculpatory and impeachment information under Brady should be extended to include mandating the disclosure of …
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…
23-5541 Mark A. Hartle v. New York New York 2023-09-07 Denied Response WaivedIFP conflict-of-interest criminal-defense due-process ineffective-assistance-of-counsel judicial-inquiry professional-ethics professional-responsibility prosecutorial-misconduct right-to-counsel trial-strategy Is a criminal defendant denied their right to effective assistance of counsel when there are indications, of which the defendant was unaware, that tri…
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 Whether a criminal-defense attorney, under indictment on charges of rape, kidnapping, and sexual assault, has a conflict of interest when simultaneous…
23A191 Anthony Kinney v. Supreme Court of New Hampshire New Hampshire 2023-08-30 Presumed Complete appellate-review attorney's-fees caperton-standard conflict-of-interest due-process judicial-recusal Whether a state trial judge's failure to recuse himself despite a financial interest in a party's law firm, combined with sua sponte ordering of unnec…
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 Whether Americans are lawfully entitled to conflict free defense counsel?
23-5349 Elbert Johnson v. Florida Florida 2023-08-14 Denied IFP conflict-of-interest due-process illegal-sentence judicial-bias judicial-conflict legal-error manifest-injustice sentencing trial-court witness-testimony Whether a circuit court judge's dual role as a witness and sentencer in the same case creates a conflict and reversible error when the judge imposes a…
23-5328 Charles D. Adams v. Merit Systems Protection Board Federal Circuit 2023-08-10 Dismissed Response WaivedIFP civil-rights conflict-of-interest discrimination due-process evidence-withholding retaliation security-clearance sixth-amendment-rights standing Whether CAFC made an error in their decision to dismiss CAFC 2023-1213
23-5330 Charles D. Adams v. Merit Systems Protection Board Federal Circuit 2023-08-10 Dismissed Response WaivedIFP administrative-procedure civil-rights conflict-of-interest discrimination due-process employment-discrimination evidence-withholding impartiality judicial-recusal retaliation sixth-amendment-rights Whether CAFC made an error in their decision to dismiss CAFC 2023-1213 (DC. 3443-22-0386-I-1)
23-5285 Asmerom Gebreselassie v. Gigi Matteson, Warden Ninth Circuit 2023-08-04 Denied Response WaivedIFP certificate-of-appealability conflict-of-interest court-of-appeals docket-entry ninth-circuit procedural-history retained-counsel right-to-counsel sixth-amendment unreasonable-determination-of-fact Did the Ninth Circuit Court of Appeals err in failing to grant a certificate of appealability?
23-5248 Nikolas Gacho v. Tyrone Baker, Warden Seventh Circuit 2023-08-01 Denied Response WaivedIFP 28-usc-2254 6th-amendment certificate-of-appealability conflict-of-interest due-process evidentiary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-negotiations sixth-amendment Should the 7th Circuit Court of Appeals have issued a certificate of appealability
23-5259 Ryan Lewis Hilyard v. Wyoming Wyoming 2023-08-01 Denied Response WaivedIFP appellate-review conflict-of-interest due-process equal-protection federal-rules-of-evidence fourteenth-amendment ineffective-assistance-of-counsel state-court-decisions Did the Wyoming Supreme Court apply and follow Federal Rules of Evidence correctly?
23-86 Christopher Bayre Chamberlin v. Hartog, Baer & Hand, APC, et al. Ninth Circuit 2023-07-31 Denied Response Waived access-to-courts appellate-review attorney-malpractice civil-rights conflict-of-interest due-process legal-ethics legal-malpractice pro-se-litigation Whether HBH's concealment of its family relationship with the adverse party violated the petitioner's constitutional rights to freely associate and ma…
23-17 Wisam R. Rizk v. United States Sixth Circuit 2023-07-05 Denied Response Waived bribery conflict-of-interest constitutional-vagueness criminal-law federal-jurisdiction honest-services statutory-interpretation undisclosed-self-dealing vagueness Under §1346 Honest Services, can 'conflict of interest' and 'undisclosed self-dealing' be used as the underlying criterion of guilt even when a kickba…
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 Sixth-Amendment-violation
22-1204 William Muhr v. Dawna Braswell Colorado 2023-06-13 Denied Relisted (2) child-custody conflict-of-interest due-process equal-protection fourteenth-amendment judicial-assignment judicial-bias judicial-disqualification parental-rights Whether Petitioner's Fourteenth Amendment rights to due-process,equal-protection were violated when Colorado allowed disqualified,prejudiced Chief Jud…
22-7776 Saria Walker v. South Carolina Department of Social Services South Carolina 2023-06-13 Denied Response WaivedIFP civil-procedure civil-rights conflict-of-interest constitutional-rights court-procedure due-process judicial-bias legal-remedy standing Why is the Constitution Right To Due Process NOT being Upheld?
22-7777 Saria Walker v. R. Castriotta, et al. South Carolina 2023-06-13 Denied Response WaivedIFP appellate-procedure civil-procedure civil-rights conflict-of-interest constitutional-rights due-process judicial-bias rule-interpretation standing Why is the Constitution ~~ Right To Due Process ' NOT being Upheld ?
22-7749 Alen Dean O'Bryant v. Oklahoma Oklahoma 2023-06-09 Denied IFP conflict-of-interest due-process fourteenth-amendment judicial-bias judicial-ethics prosecutor prosecutorial-misconduct recusal trial-judge Did former Judge Henderson's secret extramarital affair create an unconstitutional potential for bias?
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 Is an EBL agent allowed to proffer false and leave a mentally ill, pregnant minor at a residence, to a person that the agent states to have gotten a r…
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 Whether the privilege against self-incrimination as set forth in Brown v. United States should be weighed against the need to put forward a defense th…
22-1060 Haywood Jackson Mizell v. Citizens Bank, et al. Eleventh Circuit 2023-05-02 Denied Response Waived bankruptcy-trustee conflict-of-interest fiduciary-duty procedural-violation promissory-note property-sale security-agreement standing subject-matter-jurisdiction Is it a conflict of interest for the Respondent's attorney to be appointed a Bankruptcy Chapter 7 Trustee that, after appointment, uses a 'perfected s…
22-7329 Robert Wayne Gillman v. Florida Florida 2023-04-20 Denied Response WaivedIFP conflict-of-interest fair-trial fraud judicial-abuse-of-discretion judicial-discretion manifest-injustice prosecutorial-misconduct structural-defect Is it manifest injustice when conflict-of-interest, prosecutorial-misconduct, judicial-abuse-of-discretion, and fraud deprive defendant of a fair tria…
22-854 David Archer v. Winn Dixie Stores, Inc., et al. Florida 2023-03-08 Denied civil-rights color-of-law conflict-of-interest constitutional-rights due-process judicial-immunity judicial-misconduct recusal standing Whether judges and court officers who contravened the law under 42 U.S.C. Section 1983 are immune from 'conflict of interest or lack of impartiality'
22-6852 Marvin Charles Gabrion, II v. United States Sixth Circuit 2023-02-23 Denied IFP adverse-witness attorney-client-privilege attorney-representation civil-procedure conflict-of-interest formal-appearance legal-ethics professional-conduct professional-responsibility standing Whether an attorney who provides legal advice to counsel of record without filing a formal appearance in the case can have a conflict of interest if t…
22-6811 A. B. v. West Virginia West Virginia 2023-02-17 Denied Response RequestedResponse WaivedRelisted (2)IFP 28-usc-2254 conflict-of-interest criminal-justice-system cuyler-standard cuyler-v-sullivan ineffective-assistance prejudice-standard strickland-test strickland-v-washington successive-conflict successive-representation Where a defendant's lawyer owed conflicting duties to her and a former client, should she receive a new trial if the actual conflict adversely affecte…
22-781 Fabio Ochoa v. United States Eleventh Circuit 2023-02-17 Denied Response Waived adverse-effect brady-violation conflict-of-interest cuyler-v-sullivan due-process giglio-material ineffective-assistance multiple-counsel plea-negotiations Whether the Eleventh Circuit's categorical rule barring a showing of adverse effect in the multiple-counsel context adequately protects defendants fro…
22-782 Carol Pulliam v. University of Southern California California 2023-02-17 Denied Response WaivedRelisted (2) civil-rights conflict-of-interest constitutional-law due-process fourteenth-amendment judicial-ethics recusal standing takings Do state court trial judges, court of appeal justices and supreme court justices 'war against the (United States) Constitution' by denying state litig…
22-6632 Michael A. Benanti v. United States Sixth Circuit 2023-01-25 Denied Response WaivedIFP civil-procedure civil-rights conflict-of-interest constitutional-challenge counsel criminal-defendant-rights due-process judicial-review legal-procedure lower-court-decision standing whether the Court failed to obtain a hearing and telling cost of Counsel
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 Whether the warrantless blood draw violated the Fourth Amendment
22-6426 Delano Marco Medina v. United States Tenth Circuit 2022-12-30 Denied Response WaivedIFP breach-of-contract civil-rights conflict-of-interest constitutional-rights ineffective-assistance ineffective-counsel plea-agreement right-to-counsel sixth-amendment speedy-trial strickland-standard Question not identified
22-6433 Ricky Escobedo v. United States Fifth Circuit 2022-12-30 Denied Response WaivedIFP attorney-client-privilege conflict-of-interest fifth-amendment fourth-amendment ineffective-assistance ineffective-assistance-of-counsel sixth-amendment Violation of attorney-client privilege and right to effective assistance of counsel
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 Does the trial counsel's fraudulent behavior and conflict of interest violate the Petitioner's 6th & 14th Amendment right to conflict free counsel?
22-6251 Onofre Tommy Serrano v. California California 2022-12-07 Denied IFP appellate-procedure appointment-of-counsel civil-rights conflict-of-interest constitutional-rights due-process judicial-review medical-treatment reasonable-time-to-consult right-to-counsel Whether the court has a prompt duty to appoint counsel once indigency attaches
22-6221 Oscar J. Martinez-Hernandez v. United States First Circuit 2022-12-05 Denied Response WaivedIFP conflict-of-interest due-process effective-assistance-of-counsel fifth-amendment prosecutorial-misconduct sixth-amendment Whether former prosecutor's defense of defendant under same indictments violates 18 U.S.C. § 207 and defendant's constitutional rights
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 whether-an-attorney's-conflict-of-interest-deprived-petitioner-of-his-rights-under-the-sixth-and-fourteenth-amendments-to-effective-assistance-and-due…
22-6173 Steven D'Agostino v. Bunce Atkinson Third Circuit 2022-11-29 Denied IFP bankruptcy-trustee barton-doctrine chapter-7 chapter-7-bankruptcy conflict-of-interest prima-facie standing statutory-obligations trustee-handbook What is the significance and/or importance of the United States Trustee Office's Handbook for Chapter 7 Trustees?
22-6123 Brian David Hill v. United States Fourth Circuit 2022-11-21 Denied Response WaivedRelisted (2)IFP conflict-of-interest constitutional-rights due-process interlocutory-appeal judicial-blackmail judicial-independence judicial-misconduct special-master subpoena whistleblower Where the U.S. Court of Appeals did not properly and appropriately proceeded with two consolidated interlocutory appeals on the District Court's order…
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 Whether the Petitioner was afforded a meaningful and fair adversarial process when the district court denied his motion to disqualify the United State…
22-6070 Charles Rochester v. City of New York, New York, et al. New York 2022-11-16 Denied IFP aba-rules attorney-misconduct conflict-of-interest constitutional-rights disqualification due-process judicial-misconduct legal-ethics pro-se pro-se-litigation Can the New York Supreme State Judge and the Opposing Attorney's join FORCER, to defeat pro-se, by being silent, on each one's Official Misconduct, in…
22-5955 Christopher Wade v. Florida Florida 2022-11-01 Denied IFP 14th-amendment 6th-amendment civil-rights conflict-of-interest constitutional-rights counsel-rights due-process effective-assistance effective-assistance-of-counsel petitioner-claims trial-court Did the petitioner's 14th Amendment rights to effective assistance of counsel under the U.S. Constitution and 6th Amendment due process rights under t…
22-5899 Dave V. Merritt v. Tennessee Tennessee 2022-10-26 Denied Response WaivedIFP appellate-counsel conflict-of-interest due-process equal-protection griffin-v-illinois ineffective-assistance post-conviction-relief ross-v-moffitt Whether Shinn v. Ramirez's holding petitioner 'at fault' for postconviction counsel's appellate errors gives indigent post-conviction appellants auton…
22-5849 David Keith Wills v. United States Fifth Circuit 2022-10-17 Denied Response WaivedIFP compulsory-process conflict-of-interest defense-witness dual-sovereignty due-process fair-trial federal-prosecutors perjury prosecutorial-misconduct witness-intimidation whether-federal-prosecutors-can-threaten-defense-witnesses
22-341 Nebraska, ex rel. Timothy L. Ashford, P.C. L.L.O., et al. v. Donald Kleine, et al. Nebraska 2022-10-13 Denied Response WaivedRelisted (2) 42-U.S.C.-1983 42-usc-1983 civil-rights conflict-of-interest constitutional-law due-process prosecutorial-recusal racial-discrimination standing Whether the Nebraska Supreme Court has decided an important question of constitutional law that has not been, but should be, settled by this Court whi…
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 Whether the trial court and the court of criminal appeals erred by neglecting to address the amended ground in the findings of facts and conclusions o…
22-176 James Burkhart v. United States Seventh Circuit 2022-08-29 Denied Response Waived 28-usc-2255 adverse-effect conflict-of-interest counsel-conflict evidentiary-hearing guilty-plea ineffective-assistance post-conviction-relief sixth-amendment Whether the Seventh Circuit's formulation of the adverse effect standard under Cuyler v. Sullivan is too demanding, particularly in the guilty plea co…
22-5125 Mark A. Hill v. Ohio Ohio 2022-07-19 Denied IFP 26(B)-application appellate-counsel conflict-of-interest due-process fundamental-fairness ineffective-assistance ineffective-assistance-of-counsel lesser-included-offense plain-error post-conviction-relief procedural-due-process transcript Whether the 26(B) application for reopening proceeding was adequate and fundamentally fair
21-1611 Robert Koger v. United States Fourth Circuit 2022-06-29 Denied Response Waived conflict-of-interest criminal-defense criminal-investigation defense-counsel disclosure due-process reversal sixth-amendment witness witness-testimony Whether a criminal defendant establishes an actual unwaiveable conflict of interest that adversely affects counsel's representation
21-8193 Robert D. Keith v. Wisconsin Department of Workforce Development, et al. Seventh Circuit 2022-06-22 Denied Response WaivedIFP 11th-amendment civil-rights color-of-law conflict-of-interest due-process eleventh-amendment judicial-immunity state-court title-iv-d Does a State Judge have authority to preside over a case when they have a conflict of interest?
21-8153 Michael Tisius v. Paul Blair, Warden Eighth Circuit 2022-06-16 Denied IFP 8th-circuit certificate-of-appealability conflict-of-interest death-penalty eighth-circuit habeas-corpus ineffective-assistance ineffective-assistance-of-counsel statutory-interpretation Was the denial of a COA proper?
21-8068 John Burke v. United States Second Circuit 2022-06-06 Denied Response WaivedIFP conflict-of-interest criminal-defense due-process ineffective-assistance ineffective-assistance-of-counsel rico-case right-to-testify withdrawal-defense witness-testimony Should an attorney afraid of their client be allowed to represent the client without the client's knowledge?
21-8053 Ron Delano Kuntz v. United States Third Circuit 2022-06-03 Denied Response WaivedIFP concurrent-representation conflict-of-interest crime-of-violence critical-stages cuyler-v-sullivan district-court jury-trial sentence-enhancement sixth-amendment Whether a conflict arises when trial counsel's concurrent representation ends prior to trial
21-7892 Abdul Samuels v. United States District of Columbia 2022-05-17 Denied Response WaivedIFP conflict-of-interest court-of-appeals due-process ineffective-assistance remand representation right-to-counsel sixth-amendment trial-counsel Did the court of appeals err in denying Petitioner—whose trial counsel had a conflict of interest because his child was applying for a job at the U.S.…
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 prejudiced when the court failed to conduct inquiry concerning pre-trial claims of ineffective counsel?
21-1407 Symon Mandawala v. Northeast Baptist Hospital, et al. Fifth Circuit 2022-05-02 Denied Relisted (2) civil-rights conflict-of-interest conspiracy due-process judge judicial-bias lawyer section-1983 sixth-amendment Whether a judge's conspiracy with a private lawyer to obtain an out-of-time motion to dismiss violates due process
21-7757 Mark Stinson v. United States Sixth Circuit 2022-05-02 Denied Response WaivedIFP conflict-of-interest constitutional-provisions due-process fair-trial judicial-inquiry right-to-counsel sixth-amendment Whether a Judge inquire into the propriety of the issue?
21-7647 Lloyd Brice v. California California 2022-04-19 Denied Response WaivedIFP conflict-of-interest due-process fair-trial first-degree-murder ineffective-assistance ineffective-assistance-of-counsel motion-for-new-trial right-to-counsel right-to-fair-trial Did the Supreme Court err in failing to rule that the denial of the Motion for New Trial due to trial counsel's conflict of interest violated Petition…
21-7588 Gloria Marigny v. Centene Management Company LLC Seventh Circuit 2022-04-11 Rehearing Response WaivedRelisted (2)IFP 28-usc-144 appellate-review bias civil-rights conflict-of-interest district-court document-admissibility due-process federal-procedure judicial-recusal standing summary-judgment Why Judge Brett Ludwig Denied Motion for Recusal
21-7579 Taqwa Siddeeq v. DeKalb County, Georgia Eleventh Circuit 2022-04-08 Denied Relisted (2)IFP conflict-of-interest court-record due-process employee-response employee-rights government-counsel government-employment job-tenure loudermill-standard termination-intent Does due process exist under the Loudermill standard when government counsel withholds the employee's written response?
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 Whether an appellate court has a duty to replace a defendant's appellate counsel with unconflicted counsel when the defendant's pro se response to an …
21-1257 Brian K. Evans, as Administrator of the Estate of Helen Marie Bousquet v. Ronald A. Marvin, et al. Massachusetts 2022-03-16 Denied appearance-of-impropriety conflict-of-interest due-process interests-of-justice judicial-bias judicial-ethics judicial-misconduct medical-malpractice recusal Was the judge's failure to disclose his wife's connection to the hospital appropriate?
21-7374 William A. Noguera v. Ronald Davis, Warden Ninth Circuit 2022-03-15 Denied Response WaivedIFP conflict-of-interest constitutional-right counsel-representation cuyler-v-sullivan holloway-v-arkansas ineffective-assistance ineffective-assistance-of-counsel sixth-amendment successive-representation Did the Ninth Circuit's opinion create a conflict with relevant decisions of this Court in concluding that Sullivan's standard applies only when a def…
21-7181 Mary Ellen Samuels v. Janel Espinoza, Warden Ninth Circuit 2022-02-24 Denied Response WaivedIFP california-supreme-court conflict-of-interest due-process ineffective-assistance-of-counsel legal-malpractice performance prejudice prejudice-presumption supreme-court-precedent Did the California Supreme Court unreasonably fail to apply clearly established Supreme Court precedent that requires prejudice to be presumed where a…
21-7177 Maurice O. Byrd, Jr. v. Raymond Byrd, Warden, et al. Sixth Circuit 2022-02-23 Denied Response WaivedIFP abandonment-of-appeal conflict-of-interest habeas-corpus ineffective-assistance-of-counsel post-conviction-relief prejudice structural-error Structural-error-on-appeal
21-1157 Dennis Spencer v. Colorado Colorado 2022-02-22 Denied Amici (2)Relisted (2) attorney-performance conflict-of-interest constitutional-rights cuyler-v-sullivan ineffective-assistance ineffective-assistance-of-counsel legal-representation multiple-clients personal-conflicts prejudice prejudice-standard Does Sullivan's standard apply only when a defense lawyer represents multiple clients with conflicting interests, or does Sullivan apply to other conf…
21-7162 Jose Jaime Lopez v. United States Seventh Circuit 2022-02-18 Denied Response WaivedIFP civil-rights conflict-of-interest criminal-intent due-process ex-parte-communications false-statement federal-agent judicial-bias knowingly-false materiality obstruction-of-justice public-confidence Whether it is consistent with this Court's holding in Caperton v. A.T. Massey Coal Co., 556 U.S. 868 and the imperatives of Due Process to require the…
21-7113 Gerald Wayne Jako, Jr. v. West Virginia West Virginia 2022-02-15 Denied IFP conflict-of-interest criminal-representation cuyler-v-sullivan ineffective-assistance inside-job-theory plea-bargain presumption-of-prejudice sixth-amendment sixth-amendment-right-to-counsel staged-crime witness-unavailability Whether the standard enunciated in Cuyler v. Sullivan applies when a defendant objects to counsel's representation after a conflict is revealed
21-6982 Robert Stanley Gordon v. Metropolitan Life Insurance Company Ninth Circuit 2022-01-27 Denied IFP benefits-denial conflict-of-interest custody erisa evidence evidence-retention long-term-disability plan-concealment Whether ERISA long-term disability benefits can be denied after years of plan concealment
21-6759 Darla Ray Jones v. D. K. Johnson, Warden Ninth Circuit 2022-01-05 Denied Response WaivedIFP conflict-of-interest criminal-defendant criminal-threats drug-possession due-process effective-assistance-of-counsel forgery habeas-corpus prosecution prosecutorial-misconduct Is a criminal defendant deprived of the effective assistance of counsel due to her lawyer's conflict of interest?
21-946 Michael Coscia v. United States Seventh Circuit 2021-12-28 Denied Response Waived 28-U.S.C-2255 adversely-affected conflict-of-interest Cuyler-v-Sullivan-446-U.S-335-1980 evidentiary-hearing ineffective-assistance Machibroda-v-United-States-368-U.S-487-1962 section-2255 supreme-court-precedent trial-counsel Whether a petitioner is entitled to an evidentiary hearing under 28-U.S.C-2255 to resolve his claim under Cuyler-v-Sullivan-446-U.S-335-1980
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 When a co-defendant is represented by counsel who previously represented the defendant, thereby creating an actual conflict of interest, may a court c…
21-6705 Robert Tracy Warterfield v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-12-22 Denied IFP aedpa certificate-of-appealability conflict-of-interest contracts-clause district-court due-process final-judgment habeas-corpus interlocutory-appeal jurisdiction plea-agreement sixth-amendment Does a United States Court of Appeals have jurisdiction to deny a Motion for a Certificate of Appealability when the District Court's putative Final J…
21-859 The Montana State Legislature, et al. v. Beth McLaughlin Montana 2021-12-09 Denied Amici (1) conflict-of-interest due-process fourteenth-amendment judicial-bias judicial-ethics judicial-independence judicial-recusal legislative-investigation legislative-oversight recusal separation-of-powers Whether the refusal by the Justices of the Montana Supreme Court to recuse from a case in which they harbored direct, substantial, and admittedly disq…
21-6522 Mithun Banerjee v. Bank of America, N.A. Maryland 2021-12-06 Rehearing Response WaivedRelisted (2)IFP conflict-of-interest due-process fair-trial judicial-corruption judicial-disclosure judicial-ethics judicial-impartiality judicial-independence judicial-recusal recusal Will the US Supreme Court provide a fair trial to the Plaintiff where the Circuit Court Judges have conflicts of interest?
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 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 att…
21-753 Trina L. Janura v. John J. Janura, Jr. West Virginia 2021-11-19 Denied 14th-amendment conflict-of-interest due-process fourteenth-amendment judicial-conduct judicial-discipline judicial-ethics judicial-investigation judicial-misconduct recusal Did the non-disclosure and non-recusal from either the circuit court or the West Virginia Supreme Court of Appeals both violate the petitioner's right…
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 Whether the petitioner was wrongfully convicted of aggravated assault with a deadly weapon despite not owning or having access to a firearm
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 Do Sixth Amendment safeguards require trial courts to inquire into existing conflicts between counsel and the defendant before a trial court may deny …
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 Is a prosecution's claim that a defendant's lawyer is 'likely to be a necessary witness' an 'actual conflict' or 'serious potential conflict' overridi…
21-6141 Kenneth Pettway, Jr. v. United States Second Circuit 2021-11-01 Denied Response WaivedIFP conflict-of-interest due-process government-delay judicial-appointments prejudice speedy-trial when-the-government-successively-supersedes-an-indictment
21-5878 Linaker Charlemagne v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2021-10-05 Denied IFP civil-procedure conflict-of-interest constitutional-rights due-process evidentiary-hearing newly-discovered-evidence self-defense service-of-process Whether District Court departed from essential requirements of law by not perfecting service on Petitioner in a timely manner, which denied constituti…
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 Whether the 3rd Circuit Court of Appeals has entered a decision that is in direct conflict with United States Supreme Court precedent and in conflict …
21-5750 Richard A. Waite v. Northern New Hampshire Correctional Facility New Hampshire 2021-09-22 Denied IFP appellate-procedure bar-regulations civil-rights conflict-of-interest due-process ethical-rules judicial-standards lawyer-conduct legal-ethics professional-responsibility standing Whether the conflict of interest between a public defender's office and its appellate division violates a defendant's constitutional right to effectiv…
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 when-prosecutors-conspire-with-known-conflicted-defense-counsel
21-5621 In Re Patrick Disanto 2021-09-08 Denied Relisted (2)IFP abuse-allegations child-custody civil-rights conflict-of-interest disability-rights due-process family-law judicial-bias judicial-hearing-officer parental-rights standing Does the judicial hearing officer possess the ability to view the complicated case from a non-biased perspective, without expressing his own misogyny …
21-5546 Fernando Rodriguez v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-09-01 Denied IFP conflict-of-interest counsel-switching due-process effective-assistance-of-counsel fifth-circuit fifth-circuit-review ineffective-assistance prosecutorial-ethics state-court state-legislature Whether the Fifth Circuit erred in deferring to the state court's ruling that Mr. Rodriguez was not prejudiced by his counsel switching sides in the s…
21-5557 Chasmind David Miller v. Government Employees Insurance Company, et al. Ninth Circuit 2021-09-01 Denied Response WaivedRelisted (2)IFP abuse-of-discretion appellate-review civil-procedure civil-rights conflict-of-interest court-conflict due-process judicial-discretion procedural-due-process standing summary-judgment Did the appellate court issue a decision that directly conflicted with an earlier decision in a case with the same issues?
21-5459 Bernabe Encarnacion v. Anthony J. Annucci, Acting Commissioner, New York Department of Corrections and Community Supervision, et al. Second Circuit 2021-08-24 Denied Response WaivedIFP appellate-jurisdiction civil-procedure civil-rights conflict-of-interest double-jeopardy due-process final-decision jurisdiction pro-bono-counsel standing summary-judgment Whether the court has jurisdiction over the defendants, and whether the court of appeals order was a final decision and this petition was timely filed
21-5390 Jeanette S. R. Lipinski v. Yolanda Castaneda, et al. Seventh Circuit 2021-08-18 Denied Response WaivedIFP civil-rights conflict-of-interest court-administration due-process federal-procedure judicial-bias judicial-conduct judicial-disability judicial-ethics judicial-misconduct recusal Judicial-misconduct
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 Whether a Judge must inquire into the propriety of the issue
21-5337 Garrett McElveen v. Illinois Illinois 2021-08-10 Denied IFP appellate-procedure civil-rights conflict-of-interest due-process ineffective-assistance-of-counsel legal-ethics Whether the Sixth District Appellate Court of Illinois erred in finding that the defendant's original public defender became the victim's attorney, th…
21-5309 Zachary Cooper v. Virginia Virginia 2021-08-06 Denied IFP actual-bias conflict-of-interest confrontation-clause due-process fraud judicial-bias judicial-conduct judicial-recusal standard-of-review state-judicial-conduct trial-procedure Due-process-recusal
21-5254 Baboucar Taal v. St. Mary's Bank, et al. New Hampshire 2021-07-29 Denied Response WaivedIFP access-to-courts civil-rights conflict-of-interest constitutional-rights due-process equal-protection fraud judicial-bias judicial-ethics judicial-recusal Whether a party is entitled to a new trial for violations of their 5th, 13th, and 14th Amendment rights when the state judge presiding over the case i…
21-53 James Dale Holcombe v. Florida Florida 2021-07-15 Denied Response RequestedResponse WaivedRelisted (12) conflict-of-interest criminal-defendant ineffective-assistance-of-counsel joint-and-dual-representation joint-representation presumed-prejudice prosecution-witness prosecutorial-notice trial Whether a criminal defendant establishes an 'actual' conflict of interest that adversely affects counsel's representation
20-1762 Ross R. Caliguri v. JPMorgan Chase Bank, National Association New York 2021-06-17 Denied Response Waived 14th-amendment appellate-review conflict-of-interest due-process judicial-decision mortgage-foreclosure state-court Whether the Court of Appeals of the State of New York was in a 'conflict of interest' position when it issued its Memorandum Decision dated December 1…
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 Does having biased jurors on a jury panel, one of which stated during voir dire questioning, 'murder is murder. I don't believe there's a defense for …
20-8219 Clark D. Young v. United States Sixth Circuit 2021-06-03 Denied Response WaivedIFP conflict-of-interest counsel-failure criminal-history due-process fifth-amendment fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel sentencing-enhancement sixth-amendment Whether the defendant was deprived of his Sixth, Fifth, and Fourteenth Amendment rights when counsel failed to investigate his criminal history
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 Whether the Cuyler test for ineffective assistance of counsel due to conflict of interest applies to individual cases of representation and not only t…
20-1567 Marshall Abbas Khan v. Clark County Enforcement, et al. Ninth Circuit 2021-05-12 Denied 11th-amendment administrative-capacity bill-of-attainder civil-rights color-of-law conflict-of-interest eleventh-amendment judicial-immunity subject-matter-jurisdiction Does a county/state judge have authority to preside over a case when they have a conflict of interest?
20-7869 Wilfredo Torres v. The Blackstone Group Second Circuit 2021-04-28 Denied Response WaivedIFP bias case-dismissal civil-procedure civil-rights conflict-of-interest due-process judicial-bias judicial-misconduct legal-mail standing whether-a-federal-judge-violated-due-process
20-1482 Cheri Lynne Melchione v. Timothy Temple Florida 2021-04-22 Denied civil-rights conflict-of-interest constitutional-rights court-review district-court-power due-process judicial-jurisdiction judicial-procedure jurisdiction standing supreme-court supreme-court-access Did the Florida Fifth District Court of Appeal's unchecked power to withhold or strip jurisdiction from the Florida Supreme Court to hear cases involv…
20-7782 Ronald W. Greer v. Sherie Korneman, Warden Eighth Circuit 2021-04-15 Denied Response WaivedIFP certificate-of-appealability conflict-of-interest constitutional-rights cuyler-v-sullivan doyle-v-ohio doyle-violation harmless-error ineffective-counsel miranda-rights miranda-v-arizona newly-discovered-evidence state-court-deference Has a petitioner substantially shown the denial of a constitutional right warranting issuance of a COA
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 Does a guilty plea automatically waive a defendant's right to appeal a structural defect in the underlying proceedings?
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 Whether counsel was ineffective for failing to investigate and call a witness with a potential conflict of interest who could speak to the alleged vic…
20-7337 Kevin Thurlow v. Michelle Edmark, Warden First Circuit 2021-03-05 Denied IFP conflict-of-interest constitutional-violation counsel-representation ineffective-assistance procedural-default sixth-amendment sixth-amendment-conflict-free-clause strickland-standard witness-testimony Did the petitioner's counsel provide ineffective assistance by failing to call, interview, and subpoena a witness?
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 Can the United States claim a constitutionally viable cause of action against the people?
20-7264 Graham Jay Sonnenberg v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-02-26 Denied IFP adverse-effect brady-material conflict-of-interest constitutional-rights cuyler-standard cuyler-v-sullivan indigent-defense ineffective-assistance ineffective-assistance-of-counsel trial-counsel Whether the prophylaxis of Cuyler should be extended to define the term 'adverse affect' to establish a demonstration test involving actual conflicts …
20-7182 Anton Tuomi v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2021-02-19 Denied Response WaivedIFP appellate-procedure conflict-of-interest faretta-rights faretta-v-california guilty-plea ineffective-assistance ineffective-assistance-of-counsel right-to-counsel waiver-of-rights Whether the petitioner was denied his right to counsel
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 Should lower courts interpret sentencing commission provisions to impose harsher punishment?
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 violates the Supremacy Clause and the 6th Amendment
20-7063 Pablo Damiani-Melendez v. Robert May, Warden, et al. Third Circuit 2021-02-05 Denied Response WaivedIFP certiorari conflict-of-interest constitutional-rights constitutional-violations due-process fifth-amendment ineffective-assistance-of-counsel legal-challenge self-representation sixth-amendment supreme-court-review Whether the trial court violated Melendez's Sixth Amendment right under the United States and Delaware Constitution when it denied his verbal request …
20-1011 Cyrus Mark Sanai v. D. Joshua Staub, et al. Ninth Circuit 2021-01-27 Denied appellate-review circuit-conflict conflict-of-interest due-process judicial-disclosure judicial-ethics judicial-recusal whistleblower-protection younger-abstention Did the Ninth Circuit Court of Appeals err in refusing to require federal judges to disclose information relevant to disqualification?
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 Whether the trial court abused its discretion when it denied Appellant's motion to review a 2019 order
20-954 Ohio, ex rel. Thomas E. Brinkman, Jr. v. Maureen O’Connor, et al. Ohio 2021-01-14 Denied civil-procedure conflict-of-interest due-process judicial-bias judicial-ethics judicial-recusal panel-composition procedural-fairness recusal standing Whether a judicial panel's refusal to recuse themselves when they are named parties in the case constitutes a due-process-violation
20-6749 Ricardo Morales v. Missouri, et al. Eighth Circuit 2020-12-31 Denied IFP 28-usc-1447c civil-procedure civil-procedure-violation conflict-of-interest due-process equal-protection federal-removal judicial-misconduct due-process-violation
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 11th Circuit err in deferring to the State Court finding that Mr. McHenry was not prejudiced by trial counsel's conflict of interest and failu…
20-777 In Re Darren Heyman 2020-12-08 Denied Response Waived 28-usc-455 conflict-of-interest due-process extrajudicial-relationship interlocutory-appeal judicial-recusal mandamus scope-of-employment Whether a presiding judge must recuse/disqualify themselves when the judge has active teaching ties with a named-party university
20-766 David Archer v. Winn Dixie Stores, Inc., et al. Florida 2020-12-04 Denied Response WaivedRelisted (2) civil-rights conflict-of-interest constitutional-rights due-process judicial-misconduct oath-of-office recusal standing Can States Statues Judges or Attorneys violate that State's Constitution, the Federal Constitution and Federal laws, pertaining to conflict-of-interes…
20-722 Rodney Anton Williamson v. United States Fourth Circuit 2020-11-25 Denied Response Waived certificate-of-appealability conflict-of-interest habeas-corpus ineffective-assistance ineffective-assistance-of-counsel massiah-v-united-states right-to-counsel rule-33-motion section-2255 sixth-amendment Right to counsel violation
20-6328 Christopher David Mayhall v. United States Fifth Circuit 2020-11-16 Denied Response WaivedIFP conflict-of-interest discretionary-review ineffective-assistance-of-counsel remand sixth-amendment supervisory-powers Whether the decision of the United States Court of Appeals for the Fifth Circuit denied an ineffective-assistance-of-counsel claim based on a conflict…
20-547 Luis Xadiel Cruz Vazquez v. United States First Circuit 2020-10-26 Denied Response Waived brady-violation certificate-of-appealability conflict-of-interest due-process effective-assistance-of-counsel mickens-v-taylor sixth-amendment united-states-v-decologero wheat-v-united-states Whether the First Circuit applied a novel, harsher standard for issuing a certificate of appealability, denying due process and effective assistance o…
20-5849 Uzoma Igbonwa v. Facebook, Inc., et al. Ninth Circuit 2020-10-01 Denied IFP civil-rights conflict-of-interest due-process facebook free-speech immunity-provision ninth-circuit section-230 terms-of-service Whether Facebook was should be protected by the immunity provision of Section 230 of the Communication and Decency Act when they clearly violated its …
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 Whether a prosecutor's initiation of an investigation in a case in which he has a personal and financial interest, and subsequent continued involvemen…
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 Whether Mr. Wilkins' 6th Amendment constitutional right to a constitutionally sufficient trial was violated
20-5729 Amos Westmoreland v. Glen Johnson, Warden, et al. Eleventh Circuit 2020-09-17 Denied Response WaivedIFP actual-conflict-of-interest conflict-of-interest cuyler-v-sullivan due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel procedural-bar procedural-default sixth-amendment strickland-v-washington Does the 11th Circuit decision conflict with Martinez v. Ryan?
20-352 The Paine College v. The Southern Association of Colleges and Schools Commission on Colleges, Inc. Eleventh Circuit 2020-09-16 Denied accreditation administrative-procedure common-law common-law-due-process conflict-of-interest decision-making-body due-process federal-law higher-education procedural-rights quorum Whether a college's right of common law due process is violated in its accreditation removal proceeding when one-half of the members of the decision-m…
20-5635 Daniel Thomason Smith v. Warden, FCI Beaumont Fifth Circuit 2020-09-09 Denied Response WaivedRelisted (2)IFP allocution brady-violation conflict-of-interest due-process exculpatory-evidence false-witness identity-theft judicial-misconduct medicare-fraud mens-rea savings-clause Question not identified
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…
20-5519 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 When does an arrest initiate prosecution for speedy trial purposes?
20-5521 Wilbert Williams, aka Serenity Izabel Williams v. Beverly Kelly, Assistant Warden, et al. Fifth Circuit 2020-08-26 Denied IFP 8th-amendment civil-rights conflict-of-interest due-process eighth-amendment fourteenth-amendment gender-dysphoria medical-treatment prisoners-rights transgender transgender-rights Whether gender dysphoria is a serious medical condition and whether there is a conflict between the 5th Circuit and other U.S. Courts of Appeals
20-5296 A. I. v. M. A. New Jersey 2020-08-07 Denied Relisted (2)IFP civil-procedure conflict-of-interest due-process expert-reliability judicial-bias judicial-system legal-fees standing trial-reversal Should a litigant be fully responsible for legal and expert fees of a reversed trial when experts were unreliable and no bad faith is shown?
20-5304 Stephon Williams v. United States Eleventh Circuit 2020-08-07 Denied Response RequestedResponse WaivedRelisted (2)IFP adverse-effect conflict-of-interest criminal-trial cross-examination effective-assistance-of-counsel eleventh-circuit right-to-counsel sixth-amendment supreme-court-precedent witness-representation Whether Mr. Williams' Sixth Amendment right to conflict-free counsel was violated
20-5207 William Joe Long v. George Jaime, Warden Ninth Circuit 2020-07-29 Denied IFP 14th-amendment civil-rights conflict-of-interest constitutional-interpretation due-process equal-protection legislative-discretion prison-overcrowding separation-of-powers statutory-interpretation Whether the 14th Amendment's Equal Protection Clause applies to all citizens when the government enacts legislation
20-5162 Joseph Shane Terry v. United States Eleventh Circuit 2020-07-24 Denied Response WaivedIFP abuse-of-process attorney-ineffective conflict-of-interest constitutional-rights counsel-representation due-process ineffective-assistance plea-agreement witness-testimony Is an attorney ineffective and engaging in a conflict of interest
20-2 Hector L. Valentin v. City of Rochester, New York, et al. Second Circuit 2020-07-09 Denied Response Waived brady-rule civil-rights conflict-of-interest constitutional-bias due-process judicial-conflict judicial-ethics pro-se-litigation suppression-of-evidence Should the Brady Rule apply to a presiding Federal Judge who suppresses exculpatory and damaging material from a Pro Se litigant's civil rights lawsui…
19-8903 William Clyde Gibson, III v. Indiana Indiana 2020-07-06 Denied IFP conflict-of-interest constitutional-claim criminal-appeal culyer-v-sullivan due-process ineffective-assistance-counsel post-conviction-proceedings public-defender strickland-standard strickland-v-washington Whether the Indiana Supreme Court erred in determining Gibson's conflict of interest claim should be analyzed under Strickland v. Washington rather th…
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 When the defense attorney previously represented the state's key witness who now has conflicting interests with the defendant, does this amount to a c…
19-8730 Westley Kennedy v. United States Eleventh Circuit 2020-06-17 Denied Response WaivedIFP 6th-amendment adversarial-process conflict-of-interest guilty-plea right-to-counsel sixth-amendment structural-error Did the denial of Westley Kennedy's right to conflict-free counsel constitute a structural error or a breakdown of the adversarial process that requir…
19-8671 Lakshmi Arunachalam v. Wells Fargo Bank, N.A. Federal Circuit 2020-06-11 Dismissed IFP chief-justice-roberts conflict-of-interest constitutional-redress government-issued-patents judicial-misconduct knights-of-malta patent-rights supreme-court-precedent supreme-court-precedents Whether Chief Justice Roberts' conflict of interest as a member of the Knights of Malta prejudices inventors' patent rights
19-8499 Ryan James Hoyt v. California California 2020-05-19 Denied Amici (1)IFP capital-defendant compulsory-process conflict-of-interest due-process materiality-review state-bar Whether California's denial of materiality review violates a capital defendant's due process right of inquiry or his right to compulsory process
19-8396 Robert R. Hill v. Steven Johnson, Administrator, New Jersey State Prison, et al. Third Circuit 2020-05-05 Denied IFP certificate-of-appealability conflict-of-interest due-process fourteenth-amendment prosecutor prosecutorial-misconduct trial-judge Whether the district court and the third circuit erred in refusing to issue a certificate of appealability
19-8029 Lakshmi Arunachalam v. Lyft, Inc. Fifth Circuit 2020-03-18 Dismissed Relisted (2)IFP conflict-of-interest constitutional-emergency contract-clause corporate-infringement due-process government-contracts judicial-misconduct mutiny national-security patent patent-rights sedition separation-of-powers supreme-court supreme-court-precedent takings Whether Chief Justice Roberts engaged in conflict of interest against inventors as a member of the Knights of Malta with fealty to the Queen of Englan…
19-7993 Thomas Victor Sway v. United States Eleventh Circuit 2020-03-13 Denied Response WaivedIFP appeal appellate-review certificate-of-appealability conclusory-order conflict-of-interest discretionary-review due-process equitable-tolling precedent procedural-due-process standard-of-review strickland-standard When denial of COA was made in conclusory order without any precedent to rely on and there exists no sufficient basis for appellate court to review, w…
19-1083 Jeffrey A. Clouser v. Kim Doherty, et al. Delaware 2020-03-04 Denied Response Waived civil-rights conflict-of-interest constitutional-rights due-process equal-protection official-misconduct qualified-immunity sovereign-immunity state-tort-claims state-tort-claims-act whistleblower-protection Whether the Delaware Supreme Court's application of sovereign immunity unconstitutionally places state financial interests above individual rights
19-984 Mazie Slater Katz & Freeman, LLC v. Common Benefit Fee and Cost Committee Fourth Circuit 2020-02-06 Denied common-benefit-fund conflict-of-interest court-appointed-committee due-process fee-allocation multidistrict-litigation self-dealing Whether federal courts must implement a process that comports with due process to determine the fee and expense allocation of common-benefit funds in …
19-7424 Christine Ham v. Superior Court of California, Santa Clara County, et al. California 2020-01-27 Denied IFP conflict-of-interest due-process fourteenth-amendment impartiality judicial-bias judicial-disclosure judicial-disqualification judicial-ethics judicial-independence judicial-recusal public-confidence Does an intolerable conflict exist when the Supreme Court of California and the Ninth Circuit squarely address whether the appearance of partiality su…
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) …
19-7371 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 Question not identified
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 Was the appellate attorney ineffective assistance of counsel?
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…
19-7184 Stanley Brewer v. Robert F. Cunningham, Superintendent, Fishkill Correctional Facility Second Circuit 2020-01-07 Denied Response WaivedIFP 14th-amendment conflict-of-interest due-process habeas-corpus ineffective-assistance judicial-bias judicial-misconduct miller-el-standard prosecutorial-misconduct Did the United States Court of Appeals Second Circuit misapply the ruling in Miller-El v. Cockrell?
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 Does the Sixth Amendment permit an office to represent an indigent defendant in a First Degree Murder case if the office previously represented both a…
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…
19-6998 Patrick Kofalt v. United States Third Circuit 2019-12-18 Denied Response WaivedIFP 2255-motion conflict-of-interest due-process plea-agreement fourth-amendment fourth-amendment ineffective-assistance ineffective-assistance-of-counsel judicial-procedure judicial-shell-game nix-v-whiteside plea-agreement sixth-amendment Does controlling authority from the Supreme Court in Nix v. Whiteside, 475 US 157 (1986), hold that all ineffective assistance of counsel waivers are …
19-6974 Wilfredo Torres v. Bellevue South Associates LLP, et al. Second Circuit 2019-12-17 Denied Response WaivedIFP conflict-of-interest due-process federal-judiciary judicial-conflicts-of-interest judicial-ethics judicial-impartiality judicial-independence judicial-misconduct judicial-oversight judicial-recusal statutory-interpretation Whether 18 U.S.C. Section 455(a) is unconstitutionally vague, ambiguous, arbitrary, capricious, and violates due process of law
19-6914 Levi Rockefeller v. California California 2019-12-11 Denied IFP 6th-amendment civil-rights collusion conflict-of-interest constitutional-rights counsel court-procedure due-process fifth-amendment ineffective-assistance-of-counsel judicial-misconduct legal-ethics sixth-amendment trial-procedure Did the court err by failing to inquire, explore, and/or avoid potential conflicts of interest by creating a scenario equivalent to collusion or couns…
19-6844 Fabian Santiago v. Arthur F. Hill, Associate Judge, Circuit Court of Illinois, Cook County Illinois 2019-12-05 Dismissed Response WaivedIFP conflict-of-interest constitutional-rights criminal-conspiracy cruel-and-unusual-punishment due-process equal-protection fair-trial habeas-corpus impartial-adjudication ineffective-assistance-of-counsel judicial-misconduct legal-representation right-to-counsel Whether the refusal of the legal representative of the Petitioner to disclose a conflict of interest and the judge's failure to address this issue con…
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 Abns courct extend Ts Hucsh wv. Florida cubug
19-6871 Justin Vazquez v. United States Second Circuit 2019-12-05 GVR IFP 6th-amendment civil-rights conflict-of-interest confrontation-clause constitutional-rights due-process evidence-admission ineffective-assistance jury-selection professional-conduct sentencing speedy-trial trial-procedure Whether assigned counsel were ineffective in violation of the 6th Amendment
19-709 Mako One Corporation, et al. v. Cedar Rapids Bank and Trust Company Eighth Circuit 2019-12-04 Denied Response Waived circuit-split civil-procedure civil-rights conflict-of-interest due-process evidentiary-hearing judicial-remedy remand reversal structural-error When a Circuit Court finds opposing counsel has an actual and serious conflict of interest in a civil case, should the Court view the conflict as a 's…
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…
19-690 Tina Neville v. Janet Dhillon, Chair, Equal Employment Opportunity Commission, et al. Fifth Circuit 2019-11-29 Denied Relisted (2) 32-U.S.C.-§-709 civil-rights conflict-of-interest dual-status-technician due-process eeoc EEOC-access feres-doctrine incident-to-service military-civilian-employment military-function national-guard title-vii workplace workplace-discrimination Whether the Feres Doctrine invalidates Title VI remedies for workplace discrimination experienced by a dual-status technician while performing civilia…
19-6750 Ronnie R. Ceasar v. Louisiana Louisiana 2019-11-25 Denied Response WaivedIFP abuse-of-power civil-rights conflict-of-interest due-process equal-protection prosecutorial-misconduct protected-class racial-animus Whether the prosecution of a case by a local district attorney violates due process and equal protection rights when the prosecution is motivated by r…
19-6698 Amon Rweyemamu Mtaza v. United States Fifth Circuit 2019-11-20 Denied Response WaivedRelisted (2)IFP 4th-amendment civil-rights conflict-of-interest due-process fourth-amendment ineffective-assistance ineffective-assistance-of-counsel involuntary-consent plain-view-doctrine probable-cause search-and-seizure sixth-amendment venue-defense wire-fraud Whether the petitioner's Fourth Amendment rights were violated by an unlawful arrest, unlawful search and seizure, and involuntary coerced consent
19-6568 Kenisha S. Boyd v. Texas Department of Criminal Justice Fifth Circuit 2019-11-08 Denied IFP acceptance attorney-authority bona-fide-settlement conflict-of-interest contingent-contract contract-formation contract-rejection judicial-discretion mediation mediation-procedure rejection settlement-agreement Whether a bona fide settlement between the parties exists when the agreement is contingent in nature, and one party has the right to reject the offer …
19-6534 Saad Bahoda v. Sherman Campbell, Warden Sixth Circuit 2019-11-06 Denied Response WaivedIFP appellate-procedure Bunkley-v-Florida conflict-of-interest effective-assistance-of-counsel evidentiary-hearing forged-affidavits ineffective-assistance-of-counsel jury-instructions michigan-law People-v-Triplett plain-error self-defense sixth-amendment witness-conflict Whether petitioner was denied his Sixth Amendment right to effective assistance of counsel at trial
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 Can a state's duty to provide guarantee of counsel in a criminal action be duly fulfilled when supplied representation is in violation of conflict-of-…
19-515 Baldassare Amato v. United States Second Circuit 2019-10-21 Denied adverse-effect automatic-reversal conflict-of-interest cuyler-v-sullivan evidentiary-hearing holloway-v-arkansas ineffective-assistance ineffective-assistance-of-counsel sixth-amendment Whether Sixth Amendment analysis under Cuyler v. Sullivan applies to both successive and concurrent conflicts
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 Can United States v. Watts stand in light of recent holdings in Haymond v. United States?
19-6325 Dewayne Barnes v. Sentry Management, Inc., et al. Eighth Circuit 2019-10-21 Denied IFP civil-procedure conflict-of-interest discovery dismissal-order due-process in-forma-pauperis res-judicata speedy-trial standing trial-court Can defendants the St. Regis Apartments claim res-judicata
19-6127 Steven Justin Villalona v. United States Eleventh Circuit 2019-10-02 Denied Response WaivedRelisted (2)IFP certificate-of-appealability conflict-of-interest counsel-concession ineffective-assistance ineffective-assistance-of-counsel judicial-proceedings law-of-the-case mootness plain-error presumption-of-prejudice substantial-rights What effect does a concession on ineffective assistance of counsel have on the court's ability to adjudicate the merits?
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 Whether the exclusion of all reliable and relevant material evidence, including the testimony of the defendant's first-hand witness, violated the defe…
19-6032 Earnest Lee Langston v. Missouri Board of Probation and Parole Missouri 2019-09-23 Denied Relisted (2)IFP administrative-law administrative-review collateral-estoppel conflict-of-interest constitutional constitutional-law due-process ex-post-facto parole parole-regulation res-judicata state-regulation statute-of-limitations Whether the ex post facto clause is violated when a newly modified state parole regulation is applied
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 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?
19-290 Jay Nolan Renobato v. Bureau of the Fiscal Service Fifth Circuit 2019-09-04 Denied Response Waived antitrust antitrust-law authority-under-section-636-rule-72 bill-of-rights-excessive-government-power civil-rights conflict-of-interest constitution-application-judicial-proceedings-prop constitutional-interpretation due-process federal-jurisdiction government-power judicial-procedure judicial-transgressions-conflicts-miscarriages rule-12b1-subject-matter-jurisdiction standing subject-matter-jurisdiction treasury-regulations Whether Acts of Congress and the Constitution require their corrected application to judicial proceedings, property ownership, and interstate commerce…
19-5792 Randall Turner v. Tennessee Tennessee 2019-09-03 Denied IFP bias-adjudicator capital-adversary-procedures conflict-of-interest due-process equal-protection fifth-amendment fourteenth-amendment sixth-amendment statute-of-limitations structural-defect term-1 term-2 term-3 term-4 term-5 term-6 Whether the appellate court appeal process was fundamentally unfair and a denial of due process of law under the Fifth, Sixth and Fourteenth Amendment
19-5725 Charles Rochester v. The Fortune Society Second Circuit 2019-08-28 Denied Relisted (2)IFP anti-injunction-act civil-procedure civil-rights conflict-of-interest document-tampering due-process eeoc-review equal-employment fraud-upon-the-court jurisdictional-challenge obstruction-of-justice professional-responsibility retaliation tampering-with-documents whistleblower issues being raised
19-5628 Charles Rochester v. New York State Division of Human Rights, et al. New York 2019-08-20 Denied Response WaivedIFP abuse-of-discretion abuse-of-power administrative-law anti-injunction-act civil-rights conflict-of-interest discrimination-claims due-process equal-protection federal-jurisdiction investigative-misconduct state-court-proceedings tampering-with-evidence Does the United States District Court and United States Second Circuit Court of Appeals have a duty to protect jurisdiction and join a state case, and…
19-212 Hanh Thai Williams v. Succession of Fred Langford Houston Louisiana 2019-08-19 Denied Response Waived attorney-witness campaign-contributions civil-procedure conflict-of-interest due-process fourteenth-amendment judicial-bias judicial-conduct judicial-ethics procedural-fairness recusal standing Whether Armand Roos' participation as Plaintiff's attorney and primary witness was procedurally and evidentiary concern a violation of Due Process
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…
19-5199 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
19-5002 Jared Len Cruse v. Texas Texas 2019-06-28 Denied IFP 14th-amendment 4th-amendment cell-phone-evidence conflict-of-interest constitutional-rights due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel life-sentence search-and-seizure warrantless-search Whether the cell phone evidence was the product of a warrantless search and seizure and/or an illegal detention; and thus, whether this evidence can b…
18A1366 Julio Mario Haro-Verdugo v. United States Ninth Circuit 2019-06-27 Presumed Complete conflict-of-interest constitutional-violation fair-trial ineffective-assistance prosecutorial-misconduct sixth-amendment Whether a criminal defendant's Sixth Amendment right to effective assistance of counsel is violated when an undisclosed romantic relationship exists b…
18-9669 Floyd M. Chodosh, et al. v. Palm Beach Park Association California 2019-06-14 Denied Relisted (2)IFP adr-employment appellate-procedure civil-procedure conflict-of-interest due-process judicial-bias judicial-ethics judicial-recusal recusal standing Whether the California Court of Appeal, Fourth District, Div. 3 justices should have recused themselves from the appeal of a judgment against the peti…
18-1503 Nagel Rice, LLP, et al. v. Volkswagen Group of America, Inc., et al. Ninth Circuit 2019-06-03 Denied Response Waived attorneys-fees circuit-split class-action class-action-litigation class-action-settlement conflict-of-interest constitutional-infirmity counsel-fees due-process equal-protection lead-counsel pre-appointment-work unequal-plaintiff-classes Whether non-class counsel is entitled to an award of counsel fees and costs for pre-appointment work, whether a class action settlement agreement prov…
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…
18-8952 Boris Murphy v. United States Fourth Circuit 2019-04-23 Denied Response WaivedIFP 2255-motion 6th-amendment conflict-of-interest deficient-performance direct-appeal due-process fifth-amendment ineffective-assistance ineffective-assistance-of-counsel plea-bargaining sixth-amendment Did the Fourth Circuit review the District Court's error in denying petitioner's 28 U.S.C. 2255 claim de novo that was based on conflict of interest a…
18-8818 Cornell D. Reynolds v. Randall Hepp, Warden Seventh Circuit 2019-04-15 Denied Response RequestedResponse WaivedRelisted (3)IFP appeal appellate-rights appointed-counsel attorney-client attorney-compensation conflict-of-interest due-process indigent-defendant indigent-defense statutory-provisions Should the conflict of interest doctrine be extended to include financial conflicts between attorney and client; and/or whether a state creates a fata…
18-8750 Alex A. Campbell v. United States District Court for the Northern District of Illinois Seventh Circuit 2019-04-09 Denied Response WaivedIFP 28-usc-144-455 conflict-of-interest constitutional-violation due-process ex-parte-communication fifth-amendment ineffective-assistance judicial-ethics judicial-misconduct pro-se recusal Must a judge recuse himself after improper ex parte communication?
18-8495 Leroy Scott v. United States Fourth Circuit 2019-03-22 Denied Response WaivedIFP brady-violation conflict-of-interest death-penalty ineffective-assistance ineffective-assistance-of-counsel missouri-v-frye plea-agreement plea-bargaining right-to-counsel Whether counsel's ineffectiveness conflicts with the holding in Missouri v. Frye
18-1215 Alvin S. Kanofsky v. City of Bethlehem, Pennsylvania Pennsylvania 2019-03-19 Denied Response Waived abuse-of-power civil-rights code-enforcement conflict-of-interest conservatorship due-process government-corruption government-misconduct judicial-misconduct municipal-liability property-rights trespass Whether the City of Bethlehem, Pennsylvania acted fraudulently and corruptly in its treatment of the petitioner, Alvin S. Kanofsky, and violated his p…
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…
18-8240 Howard Anthony Moniz v. Michigan Michigan 2019-03-06 Denied IFP conflict-of-interest due-process judicial-disqualification judicial-impartiality post-conviction-relief prosecutorial-bias prosecutorial-misconduct recusal recusal-standard Should the State Circuit Court Judge be disqualified from ruling on a collateral appeal for relief from judgment where he personally opposed post-conv…
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…
18-8247 Patrick Joseph Kofalt v. United States Third Circuit 2019-03-04 Denied Response WaivedIFP conflict-of-interest constitutional-rights counsel-waiver due-process ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining right-to-counsel sixth-amendment waivers Are all ineffective assistance of counsel waivers per se invalid because they violate the Sixth Amendment's right to conflict-free representation?
18-8208 In Re Donivan Diaz 2019-03-01 Denied IFP civil-rights conflict-of-interest constitutional-rights due-process fair-notice fourteenth-amendment mandamus mandamus-petition professional-conduct state-bar-act Whether the California Supreme Court abused its discretion and/or committed plain error by failing to follow the State Bar Act, Rule 3-700(a) and depr…
18-8172 Corinthian Bostic v. United States Eleventh Circuit 2019-02-28 Denied Response WaivedIFP attorney-withdrawal conflict-of-interest due-process fifth-amendment indigent indigent-defendant ineffective-assistance motion-to-withdraw pre-trial-hearing pre-trial-motion right-to-appeal Did the pre-trial judge abuse its discretion by denying Bostic's appointed attorney's motion to withdraw where Bostic and his trial counsel had a conf…
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
18-8151 Loren Williamson, III v. Charles L. Ryan, Director, Arizona Department of Corrections, et al. Ninth Circuit 2019-02-27 Denied Response WaivedIFP 28-usc-2254a 28-usc-2254d conflict-of-interest due-process due-process-equal-protection-disparity equal-protection parties-to-the-proceeding post-conviction post-conviction-process right-to-counsel sixth-amendment sixth-amendment-right-to-counsel Whether a Certificate of Appealability should issue
18-8060 Glenn S. Solberg v. First National Bank and Trust Co. of Williston, et al. North Dakota 2019-02-21 Denied Response WaivedRelisted (3)IFP 7th-amendment amendment-violation civil-procedure civil-rights conflict-of-interest constitutional-rights due-process judicial-discrimination jury-trial standing Whether I should have been granted a jury trial after petitioning the ND Supreme Court three times abiding by the law in the 7th amendment
18-1076 In Re Robert K. Hudnall 2019-02-19 Denied Response WaivedRelisted (2) civil-rights conflict-of-interest due-process hearsay hearsay-evidence jurisdiction personal-jurisdiction secret-hearing service-of-process standing subject-matter-jurisdiction Whether a State Supreme Court with only appellate jurisdiction can exercise personal jurisdiction without proper service of process, take subject matt…
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…
18-7885 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…
18-7898 Latwang Janell Reid El Bey v. North Carolina, et al. North Carolina 2019-02-11 Denied Response WaivedIFP abuse-of-discretion civil-procedure civil-rights conflict-of-interest due-process habeas-corpus judicial-discretion right-to-be-heard standing temporary-restraining-order Did Judge MILTON F. FITCH, JR. err by denying the petitioner the right to a hearing and the opportunity to be heard?
18-7901 Darrius DaJuan Cohee v. James Yates, Warden Tenth Circuit 2019-02-11 Denied IFP abuse-of-discretion conflict-of-interest constitutional-rights due-process evidentiary-hearing guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel post-conviction-relief right-to-appeal Was Petitioner's Counsel Ineffective For Failing To File Petitioner's Motion To Withdraw Guilty Plea
18-1020 Veeramuthu P. Gounder v. Communicar, Inc., et al. New York 2019-02-06 Denied case-consolidation civil-procedure Conflict-of-interest consolidation Discovery due-process Examination-before-trial judicial-ethics judicial-misconduct judicial-review pro-se-litigation standing subpoena Subpoena-Duces-Tecum Whether consolidation of three separate cases without a motion and overriding by another judge is legal and ethical
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?
18-7477 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?
18-7440 Christopher Whitman v. United States Eleventh Circuit 2019-01-16 Denied Response WaivedIFP 11th-circuit appeal appellate-procedure conflict-of-interest disqualification due-process effective-assistance-of-counsel ineffective-assistance-of-counsel judicial-discretion juror-bribery plain-error-review sentencing-guidelines standing Should the appeals court have appointed an attorney who did not have a conflict of interest?
18-7436 Jeffrey Nicholas Aase v. Paul Schnell, Commissioner, Minnesota Department of Corrections Eighth Circuit 2019-01-15 Denied Response WaivedIFP certificate-of-appealability conflict-of-interest criminal-defense cuyler-v-sullivan federal-law ineffective-assistance ineffective-assistance-of-counsel judicial-integrity prosecutorial-ethics right-to-counsel structural-error Did the Court of Appeals for the 8th Circuit err in not issuing a Certificate of Appealability?
18-7299 Leon Tony Parker, Jr. v. Texas Texas 2019-01-10 Denied IFP conflict-of-interest counsel-of-choice counsel-withdrawal court-procedure due-process judicial-discretion motion-resolution motion-to-substitute motion-to-substitute-counsel motion-to-withdraw record-keeping right-to-counsel trial-court-discretion trial-fairness Does the highest state court's decision conflict with the United States Supreme Court's guarantee to be represented by counsel of one's own choice?
18-800 Linda Shao v. McManis Faulkner, LLP California 2018-12-21 Denied Relisted (2) appeal appeal-dismissal california-rules-of-court conflict-of-interest court-procedure dismissal due-process fraud insufficient-records judicial-ethics judicial-misconduct notice procedural-deception Does due process require reversal of the dismissal of appeal based on the fact that the California 6th District Court of Appeal fraudulently dismissed…
18-7099 Richard Allen Ratushny v. Kevin Kauffman, Superintendent, State Correctional Institution at Huntingdon, et al. Third Circuit 2018-12-20 Denied IFP Brady-v-Maryland brady-violation conflict-of-interest crimen-falsi due-process right-to-counsel sixth-amendment welfare-fraud Was the petitioner denied his Sixth Amendment right to counsel?
18-7083 Sylvia Ogbenyeanu Walter-Eze, aka Sylvia O. Okam v. United States Ninth Circuit 2018-12-18 Denied Response WaivedIFP conflict-of-interest constitutional-standards constructive-denial-of-counsel counsel-conflict critical-stage fundamental-fairness ninth-circuit presumed-prejudice structural-error waiver Whether the Court of Appeals of the Ninth Circuit erred in not applying the per se presumed prejudice rule
18-7030 S. R. v. West Virginia Department of Health and Human Resources, et al. West Virginia 2018-12-14 Denied IFP child-custody civil-rights conflict-of-interest due-process family-law judicial-bias judicial-ethics judicial-misconduct judicial-recusal procedural-fairness recusal standing Whether the West Virginia Supreme Court of Appeals erred in reversing the lower court's decision in favor of the petitioner
18-762 Jaime Valente Pina, Jr. v. United States Sixth Circuit 2018-12-14 Denied Relisted (2) conflict-of-interest criminal-indictment federal-prosecution plea-bargaining pre-indictment right-to-counsel sixth-amendment state-charges state-prosecution Whether the Sixth Amendment right to counsel attaches before the filing of a formal federal criminal charge
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
18-669 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
18-640 Nicholas Bernard Acklin v. Alabama Alabama 2018-11-16 Denied Amici (2) attorney-client-relationship conflict-of-interest criminal-defense death-penalty fourteenth-amendment ineffective-assistance-counsel ineffective-assistance-of-counsel sixth-amendment third-party-payment Whether a criminal defendant is deprived of his Sixth and Fourteenth Amendment rights to conflict-free counsel
18-6680 Roberto Moreno Ramos v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2018-11-14 Denied IFP calderon-v-thompson circuit-court conflict-of-interest counsel-conflict death-penalty due-process habeas-corpus ineffective-assistance-of-counsel mandate-recall miscarriage-of-justice standard-of-review Did the Fifth Circuit err in applying the 'miscarriage of justice' standard and demanding clear and convincing evidence that no reasonable juror would…
18-6649 Thelma R. Davis v. Brown & Dortch LLC, et al. Maryland 2018-11-13 Denied IFP americans-with-disabilities-act attorney-representation civil-procedure civil-rights conflict-of-interest due-process indigent-rights judicial-impartiality partiality standing state-court-corruption unfair-treatment Corruption-within-state-court-system
18-577 David Netzer v. Shell Oil Co., et al. Federal Circuit 2018-11-02 Denied Response WaivedRelisted (2) appearance-of-impropriety civil-procedure conflict-of-interest disclosure due-process judicial-ethics judicial-impartiality procedural-fairness recusal res-judicata Does the above scenario represent a violation of Rule 455(a), an appearance of impropriety and/or conflict of interests?
18-553 Juliet Yackel v. South Dakota, et al. South Dakota 2018-10-29 Denied atkins-claim atkins-v-virginia conflict-of-interest counsel-representation death-penalty death-penalty-appeal eighth-amendment fourteenth-amendment ineffective-assistance-of-counsel intellectual-disability moore-v-texas Whether Rodney Berget was arbitrarily deprived of conflict-free counsel in violation of the Fourteenth Amendment when his counsel determined not to fi…
18-6423 Marlan McRae v. United States Sixth Circuit 2018-10-24 Denied Response RequestedResponse WaivedRelisted (2)IFP attorney-misconduct conflict-of-interest constitutional-rights due-process fiduciary-conflict fiduciary-conflict-of-interest fiduciary-duty ineffective-assistance ineffective-assistance-of-counsel legal-ethics manifest-necessity sixth-amendment vague-precedent Can the unconscionable and illegal actions of an attorney, in addition to a fiduciary conflict of interest between an attorney and his client, amount …
18-6383 Robert J. Kulick v. Steven Rein Ninth Circuit 2018-10-18 Denied Relisted (2)IFP ada-accommodation attorney-client attorney-client-rights civil-rights conflict-of-interest due-process legal-ethics legal-malpractice legal-representation pro-per-status pro-se standing state-bar-bias Why the CA State Bar denied an investigation against Steven Rein, Esq. for his blackmail against me, & why attorneys allowed to be relieved as an atto…
18-6247 Roy Parker v. Burl Cain, Warden Fifth Circuit 2018-10-09 Denied IFP 6th-amendment competency conflict-of-interest constitutional-provisions due-process evidentiary-hearing ineffective-assistance-of-counsel right-to-testify sixth-amendment Did the petitioner receive effective assistance of counsel?
18-344 Linda Shao v. McManis Faulkner, LLP California 2018-09-17 Denied Relisted (2) access-to-courts american-inns-of-court attorney-client-relationship civil-procedure conflict-of-interest conflicts-of-interest court-of-appeal due-process judge-disclosure judicial-ethics recusal right-to-appeal social-relationship Does due process require reversal of dismissals due to judge's failure to recuse or disclose conflicts of interest
18-5736 Joshua Moses v. United States Third Circuit 2018-08-24 Denied Response WaivedIFP conflict-of-interest constitutional-rights due-process evidence ineffective-assistance ineffective-assistance-of-counsel multiplicitous-indictment prosecutorial-misconduct sixth-amendment trial-counsel Whether the Prosecutor's conduct in charging petitioner with a multiplicitous indictment to gain a tactical advantage so infected the trial with unfai…
18-5619 Ralph Raul Contreras v. Hunter Anglea, Warden Ninth Circuit 2018-08-17 Denied IFP attorney-client-relationship attorney-fees california-rules-of-professional-conduct conflict-of-interest constitutional-rights professional-conduct right-to-counsel sixth-amendment state-created-rights Does a state-created right to require written consent from a client when others pay the attorney's fees constitute a denial of conflict-free counsel, …
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
18-5592 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
18-5570 Ilich Vargas v. Superior Court of California, San Bernardino County California 2018-08-13 Denied IFP civil-rights conflict-of-interest criminal-informants due-process evidence-suppression exculpatory-evidence fair-trial prosecutorial-misconduct sixth-amendment Whether district attorneys/prosecutors have a free-standing obligation to investigate and inquire into the backgrounds of criminal jailhouse informant…
18-5369 Baboucar B. Taal v. St. Mary's Bank, et al. First Circuit 2018-07-26 Denied Response WaivedIFP 28-usc-455 appeal conflict-of-interest conflicts-of-interest due-process equal-protection fair-adjudication federal-claims judicial-ethics judicial-recusal recusal May a party who is denied Fair and Impartial adjudication of his (federal) claims, deprived of his basic due process and equal protection rights, in a…
18-5209 Michael Barrett v. United States Fifth Circuit 2018-07-11 Denied Response RequestedResponse WaivedRelisted (2)IFP appeal appellate-procedure attorney-client-relationship conflict-of-interest constructive-denial-of-counsel impermissible-risk ineffective-assistance-of-counsel judicial-discretion professional-ethics professional-responsibility right-to-counsel standard-of-review Does it create a conflict of interest for a lawyer to have to argue on appeal that the trial court should have replaced him? Can this create an imperm…