Cross-Examination

180 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25A705 Charles Albert Massey v. Chadwick Dotson, Director, Virginia Department of Corrections Fourth Circuit 2025-12-17 Application confrontation-clause criminal-procedure cross-examination hearsay-evidence preliminary-hearing sixth-amendment Whether the admission of a preliminary hearing testimony of a deceased witness, who was unavailable for cross-examination on a subsequently added crim…
25-6208 Matthew Peckham v. Rhode Island Rhode Island 2025-11-24 Pending Response RequestedResponse WaivedIFP bias-evidence cross-examination fourteenth-amendment juvenile-records sixth-amendment witness-impeachment Whether the Sixth and Fourteenth Amendments permit a state court to bar cross-examination of a prosecution witness about sealed juvenile records and w…
25-5969 James Logan Diez v. Texas Texas 2025-10-28 Denied Response WaivedIFP actual-innocence appellate-review cross-examination due-process judicial-discretion transcript-error Did the Texas Court of Criminal Appeals abuse its discretion when it refused review after discovering omitted cross-examination testimony that potenti…
25-336 Elsie Franklin v. Kentucky Kentucky 2025-09-23 Denied adequate-opportunity confrontation-clause criminal-procedure cross-examination evidence-standard prior-testimony What constitutes an 'adequate opportunity' for cross-examination under Crawford v. Washington when new evidence emerges after initial testimony
25-5356 Oscar Oropeza v. Hector Rios, Warden, et al. Tenth Circuit 2025-08-14 Denied IFP compulsory-process constitutional-rights criminal-procedure cross-examination due-process witness-testimony Whether the state's compulsory process and due process rights were violated by denying petitioner's counsel the ability to effectively cross-examine w…
25-5275 Kayla Williams v. Pennsylvania State University, et al. Third Circuit 2025-08-05 Denied Response WaivedIFP 14th-amendment constitutional-rights cross-examination due-process forfeiture-doctrine judicial-recusal Whether the Due Process Clause of the 14th Amendment requires public universities to allow accused students a meaningful opportunity to cross-examine …
25-5173 Douglas Dean Welsh v. Bobbi Salamon, Superintendent, State Correctional Institution at Rockview, et al. Third Circuit 2025-07-22 Denied IFP confrontation-clause constitutional-violation cross-examination due-process ineffective-assistance search-warrant Did the district court err in ruling that the petitioner's Fourteenth Amendment due process and Sixth Amendment confrontation rights were violated by …
24-1265 Glenn E. Diaz v. United States Fifth Circuit 2025-06-12 Denied Response Waived criminal-procedure cross-examination judicial-discretion sentencing-guidelines supreme-court-precedent witness-bias Whether a district court can completely bar defense counsel from cross-examining a key government witness on an issue probative of bias and motive, an…
24-7139 David Little v. Georgia Georgia 2025-05-06 Denied IFP confrontation-clause criminal-procedure cross-examination due-process hearsay sixth-amendment Whether the Indiana Court violated the Sixth Amendment right to Confrontation by admitting deceased witness's hearsay statements without affording pet…
24-7111 Jeffrey G. Hutchinson v. Florida Florida 2025-05-01 Denied IFP competency-to-be-executed cross-examination due-process ford-v-wainwright panetti-v-quarterman procedural-fairness Whether Panetti creates a heightened standard of due process compared to Ford's controlling holding, and whether due process requires additional proce…
24-6849 Terrance Deandre Ellison v. United States Ninth Circuit 2025-03-25 Denied Response WaivedIFP cross-examination evidentiary-procedure federal-rules-of-evidence hearsay-evidence recent-fabrication witness-credibility Whether Federal Rule of Evidence 801(d)(1)(B)(i) permits introduction of hearsay to rebut a charge of recent fabrication when statements were made wit…
24-6626 Stanford Wall v. United States Ninth Circuit 2025-02-24 Denied Response WaivedIFP confrontation-clause constitutional-law criminal-procedure cross-examination evidence-law witness-credibility Whether, consistent with the Confrontation Clause, courts must apply a presumption favoring cross-examination of a government witness's general charac…
24-746 John Doe v. University of Iowa, et al. Eighth Circuit 2025-01-14 Denied Amici (1)Relisted (2) cross-examination due-process mixed-motive procedural-fairness sex-discrimination title-ix Whether Title VII's mixed-motive analysis applies to Title IX claims when a decision-maker explicitly admits to using 'sex' as a factor in determining…
24-6241 Justin Michael Buehler v. United States Eighth Circuit 2025-01-08 Denied Response WaivedIFP criminal-procedure cross-examination evidence-limitation informant-testimony judicial-discretion witness-credibility Did the District Court abuse its discretion by limiting the defendant's cross-examination of the key witness and informant's criminal history?
24-5913 Lili Zhang Tydingco v. United States Ninth Circuit 2024-11-05 Denied Response RequestedResponse WaivedRelisted (2)IFP alien-harboring-act confrontation-clause constitutional-interpretation criminal-prosecution cross-examination testimonial-statements Whether translated out-of-court testimonial statements may be admitted without violating the Confrontation Clause when the interpreter is deemed an ag…
24-330 Cid C. Franklin v. New York New York 2024-09-24 Denied Amici (1)Response RequestedResponse WaivedRelisted (9) bail-report confrontation-clause criminal-procedure cross-examination sixth-amendment testimonial-statements Whether the Sixth Amendment's Confrontation Clause applies to out-of-court statements admitted as evidence against criminal defendants if the statemen…
24A193 Eloy Heraclio Alcala v. Texas Texas 2024-08-22 Presumed Complete confrontation-clause criminal-procedure cross-examination exclusionary-rule motion-to-suppress sixth-amendment Whether the trial court violated the defendant's Sixth Amendment right to confrontation by impeding his ability to cross-examine witnesses and denying…
24A172 Evan Wald v. New York New York 2024-08-13 Presumed Complete autopsy-report confrontation-clause criminal-evidence cross-examination sixth-amendment testimonial-hearsay Whether an autopsy report created during a homicide investigation constitutes 'testimonial' evidence under the Confrontation Clause requiring the oppo…
24-5216 Ricky Mendoza v. William Sullivan, Warden Ninth Circuit 2024-08-02 Denied Response WaivedIFP confrontation-clause criminal-procedure cross-examination due-process habeas-corpus habeas-relief harmless-error sixth-amendment witness-testimony Whether the Ninth Circuit erred in denying habeas relief on petitioner's claim that the state trial court deprived him of his Sixth Amendment right to…
24-5111 Amadi Sosa v. Massachusetts Massachusetts 2024-07-18 Denied Response WaivedIFP burden-of-proof confrontation-clause constructive-malice cross-examination due-process felony-murder perjury-protocol sixth-amendment winship-fact Due-process-right-to-fair-trial,confrontation-clause,perjury-protocol,felony-murder,burden-of-proof,winship-fact
24-36 Spencer Freeman Smith v. State Bar of California California 2024-07-15 Denied Response Waived attorney-suspension civil-rights constitutional-rights cross-examination due-process ex-parte-statements hearing-delay notice state-bar-discipline whistleblower due-process-clause
24-5029 Jurgen Marku v. Florida Florida 2024-07-09 Denied Response WaivedIFP Bruton-v-United-States Codefendant confrontation-clause criminal-prosecution Cross-Examination Due-Process felony-murder fourteenth-amendment Guilty-Plea sixth-amendment Whether it is a violation of a criminal defendant's Confrontation-Clause
23-1368 Luis S. Arana, aka Luis S. Arana Santiago v. Luis Tapia Maldonado, et al. Puerto Rico 2024-07-02 Denied Relisted (2) administrative-hearing administrative-procedure cross-examination due-process equal-protection fourteenth-amendment notice-requirement public-employment tenure-rights Due-process-violation
23-7717 Ledra A. Craig v. United States Eighth Circuit 2024-06-13 Denied Response WaivedIFP compulsory-process confrontation-clause constitutional-rights criminal-conviction criminal-procedure criminal-procedure-rights cross-examination due-process right-to-counsel right-to-cross-examine Can a defendant's conviction be sustained based on uncorroborated statements made during interrogation?
23-7237 William Bruce Justice v. South Carolina South Carolina 2024-04-17 Denied IFP cross-examination due-process indigent-rights mootness parole-revocation post-conviction-relief procedural-fairness right-to-be-heard state-procedure witness-confrontation Does South Carolina's parole revocation scheme comply with the constitutional framework?
23-7078 Jeffery Wayne Taylor v. United States Eighth Circuit 2024-03-26 Denied Response WaivedIFP confrontation-clause criminal-procedure criminal-trial cross-examination due-process evidence first-step-act out-of-court-statements sixth-amendment Is it a violation of the Confrontation Clause when an out-of-court statement connecting the defendant to the crime is admitted during trial, making it…
23-6711 Ronnie Collins, Jr. v. United States Fifth Circuit 2024-02-09 Denied Response WaivedIFP confrontation-clause constitutional-rights criminal-procedure cross-examination due-process evidence harmful-error harmless-error witness-testimony Whether the limits placed on Collins's right to cross-examine the central witness against him constituted harmful error
23-6618 Mabior M. Mabior v. Nebraska Nebraska 2024-01-30 Denied Response WaivedIFP appellate-review confrontation-clause cross-examination hearsay hearsay-exception ineffective-assistance sixth-amendment testimonial-statement testimonial-statements Is a defendant's right to confrontation under the Sixth Amendment violated when testimonial statements are admitted for the truth of the matters asser…
23-6474 Courtney Rose Desjarlais v. United States Eighth Circuit 2024-01-12 Denied Response WaivedIFP confrontation-clause cross-examination due-process hearsay hearsay-evidence sentencing-enhancement sixth-amendment Question not identified
23-6475 Darrius Decnan Redd v. United States Eighth Circuit 2024-01-12 Denied Response WaivedIFP confrontation-clause credibility cross-examination due-process evidence-exclusion fair-trial prosecutorial-misconduct sex-trafficking Whether the district court violated the Defendant's Due Process and Confrontation rights by excluding video evidence
23-6420 Orlando S. Burgos v. Martin Gamboa, Warden Ninth Circuit 2024-01-05 Denied Response WaivedIFP bias confrontation-clause criminal-procedure cross-examination habeas-corpus harmless-error motive-to-lie sole-evidence witness-bias Whether a Confrontation Clause error can ever be harmless when an accused is prevented from cross-examining the key government witness—a witness who s…
23-6307 Veronica McCluskey v. William Hendricks, et al. California 2023-12-20 Denied Response WaivedIFP civil-procedure cross-examination due-process fair-hearing jury-trial legal-conduct reversible-error standing trial-court witness-testimony whether-the-trial-court-committed-reversible-error-in-not-granting-respondent-a-jury-trial
23-464 Matthew Boermeester v. Ainsley Carry, et al. California 2023-11-02 Denied Response WaivedRelisted (2) confrontation cross-examination due-process educational-discipline fair-process student-rights title-ix witness-credibility Whether when an educational institution that is a recipient of Federal funds seeks to impose a lengthy suspension or expulsion on a student for allege…
23-5927 Katerin Martinez-Alberto v. United States First Circuit 2023-10-31 Denied Response WaivedRelisted (2)IFP criminal-procedure cross-examination defendant-rights due-process evidence jury-instructions plain-error self-incrimination testimonial-evidence testimony Does display of a defendant's body part (a foot) to the jury constitute testimony that subjects the defendant to cross-examination?
23-5454 Moses Crowe v. United States Eighth Circuit 2023-08-25 Denied IFP confrontation-clause confrontation-right criminal-procedure cross-examination drug-abuse due-process intoxication jury-unanimity methamphetamine witness-credibility Whether Petitioner's constitutional right to confrontation was violated
23-5427 Ranson Long Pumpkin v. United States Eighth Circuit 2023-08-24 Denied IFP confrontation-clause credibility credibility-evidence criminal-procedure cross-examination drug-usage drug-use evidence sixth-amendment Whether Long Pumpkiw's right to confrontation was denied
22-7626 Tynan Anthony Checchi v. United States Sixth Circuit 2023-05-24 Denied Response WaivedIFP cross-examination fifth-amendment miranda-v-arizona self-incrimination sentencing unsworn-allocution Was Mr. Checchi's Fifth Amendment right against self-incrimination violated?
22-7539 Stacy Gallman v. United States Third Circuit 2023-05-12 Denied Response RequestedResponse WaivedRelisted (2)IFP court-proceedings criminal-procedure cross-examination evidence evidence-ruling jury-selection public-trial sixth-amendment Whether the Sixth Amendment's public trial guarantee extends to proceedings after a jury has been seated in which the court rules on challenged eviden…
22-1068 Gary Paul Kirkman v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2023-05-04 Denied certificate-of-appealability confrontation-clause crawford-v-washington criminal-procedure cross-examination due-process melendez-diaz-v-massachusetts sane-records sixth-amendment Whether the Fifth Circuit erred in denying Gary Paul Kirkman's request for a certificate of appealability
22-1002 Austin Van Overdam v. Texas A&M University, et al. Fifth Circuit 2023-04-14 Denied Amici (1)Response Waived cross-examination due-process pleading-standard sex-discrimination sexual-assault title-ix Does constitutional due process require that students accused of sexual assault be permitted the opportunity for attorney-led cross-examination of the…
22-7222 Ray Dansby v. Dexter Payne, Director, Arkansas Division of Correction Eighth Circuit 2023-04-05 Denied IFP bias confrontation-clause criminal-procedure cross-examination due-process informant jailhouse-informant witness-impeachment Whether preclusion of cross-examination about an informant's propensity for bias violates the Confrontation Clause
22-7174 James R. Householder, Jr. v. Michael Zaken, Superintendent, State Correctional Institution at Greene, et al. Third Circuit 2023-04-03 Denied IFP cross-examination due-process Fair-trial Fourteenth-Amendment Impeachment Inconsistent-testimony ineffective-assistance Ineffective-counsel Sixth-Amendment witness-testimony Due-process
22-7137 Eric Deangelo Griggs v. United States Eighth Circuit 2023-03-29 Denied Response WaivedIFP burrage-v-united-states criminal-conviction cross-examination drug-distribution due-process heroin-distribution jury-instruction perjured-testimony strict-liability Whether a person can be convicted for distribution of heroin causing death using a jury instruction that makes the offense a strict liability crime
22-855 Keith Raniere v. United States Second Circuit 2023-03-08 Denied Response Waived cross-examination due-process harmlessness harmlessness-standard judicial-intervention jury-instructions prosecutorial-misconduct sixth-amendment witness-testimony Should a finding of absolute harmlessness be required for an intentional and egregious Sixth Amendment violation?
22-844 Hamid Akhavan and Ruben Weigand v. United States Second Circuit 2023-03-06 Denied confrontation-clause criminal-procedure cross-examination exceptional-circumstances remote-testimony sixth-amendment trial-procedure Whether the Confrontation Clause of the Sixth Amendment is violated by denying a criminal defendant the right to cross-examine a key prosecution witne…
22-6885 Juan Martinez Pedraza v. United States Fifth Circuit 2023-02-24 Denied Response WaivedIFP which provides that the government has a duty to cross-examination due-process false-testimony fifth-amendment government-witness napue-v-illinois perjury prosecutorial-misconduct Whether the Fifth Circuit's holding that false testimony presented by a government witness at trial that is elicited by the defense on cross-examinati…
22-763 Ganiyu Ayinla Jaiyeola v. Toyota Motor Corporation, et al. Sixth Circuit 2023-02-14 Denied Response Waived civil-procedure clear-and-convincing-evidence cross-examination due-process evidence fraud-on-the-court judicial-procedure rule-of-law sanctions Whether the Sixth Circuit panel's decision to affirm the District Court decision that was based on the application of the wrong legal test constituted…
22-6465 Jess Richard Smith v. Washington Washington 2023-01-05 Denied Response WaivedIFP confrontation-clause constitutional-rights criminal-procedure cross-examination due-process federal-law jurisdiction post-conviction state-court stay witness-testimony Whether the state court has decided an important question of federal law under the Due Process Clause of the United States Constitution
22-6356 Tyler Nees v. Oregon Oregon 2022-12-20 Denied Response WaivedIFP confrontation-clause cross-examination due-process evidence federal-review habeas-corpus hearsay independent-state-ground procedural-default sixth-amendment state-court Whether the Confrontation Clause of the Sixth Amendment prohibits the admission of testimonial hearsay evidence without an opportunity for cross-exami…
22-515 Herbert Traver v. Pennsylvania Pennsylvania 2022-12-05 Denied Response WaivedRelisted (2) 14th-amendment 5th-amendment amendment-violation constitutional-rights cross-examination due-process fair-trial prosecutorial-misconduct Did the prosecutor engage in intentional misconduct by employing a known falsehood, thereby depriving the Petitioner of a fair trial in violation of h…
22-6155 Ryan McGuire v. United States Ninth Circuit 2022-11-28 Denied Response WaivedIFP confrontation confrontation-clause criminal-trial cross-examination due-process fair-trial impeachment impeachment-evidence law-enforcement Does a trial court's ruling excluding evidence at trial violate a criminal defendant's right to due process, including the rights to confront and exam…
22-450 Gregory Shields, Sr. v. Kentucky Kentucky 2022-11-15 Denied Amici (3)Response RequestedResponse WaivedRelisted (2) confrontation-clause constitutional-standard crawford-v-washington cross-examination due-process preliminary-hearing state-court-division state-court-split witness-testimony When, if ever, does a preliminary hearing provide an 'adequate opportunity' for cross-examination under the Confrontation Clause?
22-441 Rony Galicia v. Maryland Maryland 2022-11-10 Denied Response Waived abuse-of-discretion accomplice-confession appellate-review confrontation-clause cross-examination double-murder sixth-amendment standard-of-review Whether the Sixth Amendment is violated by a denial of cross-examination into an accomplice's confession
22-5997 Tarence Kirkland v. New York New York 2022-11-07 Denied Response WaivedIFP appellate-review criminal-procedure criminal-sentencing criminal-verdict cross-examination due-process evidence fair-trial identification legal-sufficiency second-degree-offense weight-of-evidence Was the trial court's decision on Rodriguez's identification and use of other crimes and bad acts on cross-examination result in the denial of a fair …
22-421 D. A.. v. Portage County, Wisconsin Wisconsin 2022-11-04 Denied Response Waived 14th-amendment 6th-amendment children-in-need-of-protection civil-rights cross-examination due-process family-law fourteenth-amendment sixth-amendment standing witness-testimony Whether a natural father is entitled to basic Sixth and Fourteenth Amendment Due Process during Wisconsin Children in Need of Protection or Services p…
22-5520 Anthony Sims, Jr. v. New Jersey New Jersey 2022-09-07 Denied IFP confrontation-clause criminal-trial cross-examination hearsay hearsay-statement memory-loss pre-trial-hearing sixth-amendment testimonial-evidence Was the opportunity for cross-examination at the pretrial hearing adequate under the Confrontation Clause?
22-5469 Jeffrey Beard, II v. United States Eleventh Circuit 2022-08-31 Denied Response WaivedIFP confrontation-clause criminal-procedure cross-examination hearsay hearsay-evidence obstruction-of-justice sentencing sentencing-guidelines sixth-amendment Whether the defendant should have the right to confront a witness whose testimony is offered to enhance the sentencing guidelines sentence for conduct…
22-5471 Tremain Lamar Braxton, Timothy Roy Mason, and Darrell Lee-Lamont Summers, II v. United States Sixth Circuit 2022-08-30 Denied Response WaivedIFP confrontation-clause confrontation-rights criminal-sexual-conduct criminal-trial cross-examination evidence-exclusion incentive-to-testify sixth-amendment witness-credibility Whether a defendant's Sixth Amendment confrontation rights are violated when a trial court bars all cross-examination about events that concededly too…
22-5453 Hugo F. Marquez v. Brandon Kelly, Superintendent, Oregon State Penitentiary Ninth Circuit 2022-08-29 Denied Response WaivedIFP certificate-of-appealability criminal-procedure cross-examination due-process evidence ineffective-assistance ineffective-assistance-of-counsel interview-tapes right-to-confrontation sex-abuse-case sex-crimes trial-procedure Should the Ninth Circuit have denied Marquez's motion for a certificate of appealability on the issue of ineffective assistance of counsel
22-5345 Gary Paul Karr v. United States Fifth Circuit 2022-08-15 Denied Relisted (11)IFP acquitted-conduct criminal-sentencing cross-examination due-process fifth-amendment hearsay-statement sixth-amendment Whether the Fifth and Sixth Amendments prohibit a federal court from basing a criminal defendant's sentence on conduct underlying a charge for which t…
22-5331 Mark Anthony Williams v. Michigan Michigan 2022-08-10 Denied IFP confrontation-clause criminal-sexual-conduct cross-examination cumulative-error due-process fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel sentencing-guidelines sixth-amendment Insufficient-evidence-to-support-conviction
22-5117 Wade Robertson v. Committee on Grievances for the United States District Court for the District of Columbia District of Columbia 2022-07-18 Denied Response WaivedIFP administrative-proceedings confrontation confrontation-clause constitutional-rights cross-examination due-process professional-license professional-licensing quasi-criminal witness-testimony Does the Federal Constitution secure to the holder of a professional license, such as an attorney, the right to confront and cross-examine adverse wit…
21-8262 Antonio Jones v. Frank Vanihel, Warden Seventh Circuit 2022-06-29 Denied Response WaivedIFP confrontation-clause cross-examination due-process fourteenth-amendment police-investigation right-to-present-defense sixth-amendment testimonial-evidence witness-credibility Whether the Sixth and Fourteenth Amendments were violated
21-8139 Duenta Grier v. Georgia Georgia 2022-06-14 Denied Response WaivedIFP availability confrontation-clause constitutional-rights criminal-procedure cross-examination due-process government-agent minors testimonial-hearsay witness-availability Was the Confrontation Clause violated?
21-7943 Anthony Gerald Wernsman v. Colorado Colorado 2022-05-23 Denied IFP colorado-courts confrontation-clause confrontation-rights criminal-procedure cross-examination due-process harmless-error self-incrimination witness-intoxication whether-confrontation-rights-were-violated
21-7854 Michael G. Peters v. David Hittner, Judge Fifth Circuit 2022-05-13 Dismissed IFP confrontation-clause criminal-procedure cross-examination hearsay sixth-amendment unavailability Whether the Sixth Amendment's Confrontation Clause prohibits the admission of testimonial hearsay statements in a criminal trial when the declarant is…
21-1409 Prince Bixler v. United States Sixth Circuit 2022-05-03 Denied Response Waived controlled-substances cross-examination federal-rule-of-evidence-412 fifth-amendment prostitution sentencing-enhancement sex-trafficking sixth-amendment Whether Bixler's rights under the Fifth and Sixth Amendments were violated
21-7617 Stevie Wyre v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2022-04-13 Denied Relisted (2)IFP civil-rights constitutional-violation criminal-procedure cross-examination due-process evidence federal-rights habeas-corpus innocence newly-discovered-evidence perjury-testimony Whether Wype is entitled to relief on an evidentiary hearing
21-1337 Patrick Gillis v. David Gillis Oregon 2022-04-08 Denied 14th-amendment court-procedure cross-examination due-process fourteenth-amendment notice notice-requirement opportunity-to-be-heard probate-law standing Whether state courts are directly responsible for notifying parties with standing about hearings in cases before them, ensuring all parties have an op…
21-7215 Clayton Walker v. Freeman's Electric Service, Inc., et al. South Dakota 2022-02-25 Denied Response WaivedIFP 5th-amendment abuse-of-discretion constitutional-rights cross-examination disputable-facts due-process federal-statute medical-records subpoena witness-examination Does the Petitioner have the right to his own medical records after they are subpoenaed, and when those records are not given to the petitioner by the…
21-986 Donald A. Vanderveer v. Zoning Board of Appeals, Town of East Hampton, et al. Second Circuit 2022-01-13 Denied administrative-hearing administrative-law cross-examination due-process land-use liberty-interest property-rights zoning-board Whether the Second Circuit's Summary Order directly conflicts with Goldberg v. Kelly, 397 U.S. 254 (1970)
21-945 Wisconsin v. Manuel Garcia Wisconsin 2021-12-27 Denied confession criminal-confession criminal-procedure cross-examination due-process evidence-exclusion fifth-amendment miranda-warning miranda-warnings misleading-jury witness-testimony Can a criminal defendant's cross-examination of a witness for the State, designed to mislead the jury, open the door to the introduction of the defend…
21-6635 Larry Alonzo Gibbs, Jr. v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2021-12-16 Denied IFP confrontation-clause constitutional-rights criminal-procedure cross-examination due-process hearsay hearsay-evidence relevance reliability witness-testimony Does the State of Florida violate a defendant's right to confront witnesses when they allow the State to introduce evidence that a minor vt suffered f…
21-6089 Edward N. Daniels v. Bobbi Jo Salamon, Superintendent, State Correctional Institution at Rockview, et al. Third Circuit 2021-10-26 Denied Response WaivedIFP bruton-precedent bruton-v-united-states co-conspirator co-defendant confrontation-clause criminal-procedure cross-examination due-process evidence-admissibility precedent Did the lower court err when they refused to apply this court's precedent in Bruton v. United States, 391 U.S. 123 (1968) when the co-conspirator / co…
21-5856 Raymond LeQuan Gibbs v. Neil McDowell, Warden Ninth Circuit 2021-10-04 Denied Response WaivedIFP bias confrontation-clause credibility criminal-trial cross-examination informant-testimony informant-witness sixth-amendment witness-credibility Whether the Sixth Amendment's Confrontation Clause was violated when the defendant was prevented from cross-examining an informant witness on topics i…
21-5807 Christian Estrada Comacho v. Nebraska Nebraska 2021-09-29 Denied Response WaivedIFP confrontation-clause covid-19 covid-19-exception criminal-procedure cross-examination due-process interpreter-testimony two-way-video video-testimony witness-demeanor witness-testimony Did the district court err in allowing testimony via two-way interactive video over confrontation objections due to witness' COVID-19 concerns?
21-5611 In Re Andrew James Johnston 2021-09-08 Dismissed IFP attempted-crime bank-robbery civil-rights criminal-procedure cross-examination due-process intimidation jury-instructions prosecutorial-discretion Whether the district court erred in instructing the jury on the elements of attempted bank robbery under 18 U.S.C. § 2113(a) when the evidence did not…
21-5565 Fortrell Latrae Sain v. United States Fifth Circuit 2021-09-02 Denied Response WaivedIFP constitutional-rights cross-examination discovery-violations due-process government-misconduct habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-review procedural-violation sentencing Whether the defendant was denied the opportunity to fully cross-examine the key government witness
21-5255 Nathaniel B. Appleby-El v. Maryland Maryland 2021-07-30 Denied Response WaivedIFP confrontation-clause constitutional-rights criminal-procedure cross-examination due-process evidence evidence-admission right-to-counsel witness-testimony Whether the use of transcripts denied the defendant's right of confrontation
21-5238 Deyaa Khalill v. W. L. Montgomery, Warden Ninth Circuit 2021-07-28 Denied Response WaivedIFP confrontation-clause constitutional-rights criminal-procedure cross-examination due-process preliminary-hearing sixth-amendment Whether the admission of preliminary hearing testimony violates a criminal defendant's Sixth Amendment right to confrontation
21-21 Caroline Ross v. Judson Independent School District Fifth Circuit 2021-07-08 Denied administrative-law cross-examination due-process fourteenth-amendment hearsay-evidence non-renewal procedural-rules school-board school-board-non-renewal state-law-violation Due-process-violation
20-8416 Raul Ramos v. United States Fifth Circuit 2021-06-25 Denied Response WaivedIFP confrontation-clause crawford-v-washington criminal-procedure cross-examination due-process hearsay-evidence sentencing-guidelines sixth-amendment united-states-v-haymond Whether the district court's reliance on hearsay evidence to impose a guideline sentence of life violates Ramos's right to confront and cross-examine …
20-1790 Alston Campbell, Jr. v. United States Eighth Circuit 2021-06-23 Denied Amici (1)Relisted (2) accomplice-witness accomplice-witnesses appellate-review confrontation-clause cross-examination due-process sentencing-benefits standard-of-review Whether a trial court violates a defendant's rights under the Confrontation Clause by prohibiting cross-examination of accomplice witnesses about the …
20-8307 Lamar McKnight v. Josie Gastelo, Warden Ninth Circuit 2021-06-15 Denied Response WaivedIFP confrontation-clause cross-examination due-process evidence expert-testimony gang-enhancement gang-expert jury-instruction natural-probable-consequences right-to-confront testimonial-hearsay Should a COA have been granted to decide if the trial court's admission of the gang expert's testimonial hearsay deprived McKnight of his right to con…
20-8312 Ronald Delester Burke v. Washington Washington 2021-06-15 Denied Response WaivedIFP confrontation-clause criminal-procedure cross-examination nurse-examiner sexual-assault sexual-assault-nurse-examiner sixth-amendment testimonial-statements Does the Confrontation Clause prohibit a Sexual Assault Nurse Examiner from testifying about statements made during a forensic examination by an adult…
20-8169 Yessenia Jimenez v. United States Second Circuit 2021-05-27 Denied Response WaivedIFP batson-challenge civil-rights cross-examination due-process fifth-amendment hispanic jury-selection peremptory-challenges peremptory-strikes pretextual-reasons Whether the government violated Batson v. Kentucky
20-8028 Ryan Jason Brannon v. Texas Texas 2021-05-14 Denied IFP accuser available-to-testify confrontation-clause criminal-defendant cross-examination due-process right-to-confront sixth-amendment witness-testimony Whether the plain language of the Sixth Amendment's Confrontation Clause gives a defendant the literal right to confront and cross-examine their accus…
20-7917 Miriam Lowell, et al. v. Vermont Department for Children and Families, et al. Second Circuit 2021-05-04 Denied Response WaivedIFP child-abuse constitutional-rights cross-examination due-process pre-deprivation-hearing substantiation substantiation-process younger-abstention Is a State's child abuse substantiation process sufficiently akin to a criminal proceeding such that it is subject to Younger abstention when a parent…
20-7729 Casey Rose v. United States Fifth Circuit 2021-04-13 Denied Response WaivedIFP competency-hearing confrontation-clause cooperating-witness cross-examination due-process impeachment indiana-v-edwards self-representation witness-impeachment Whether the termination of cross-examination of a cooperating-witness-with-incentives-to-lie prior to being able to impeach the witness violated the c…
20-7325 Eric Todd v. United States Sixth Circuit 2021-03-05 Denied Response WaivedIFP criminal-procedure cross-examination disclosure due-process exculpatory-evidence fair-trial fifth-amendment government-misconduct witness-testimony Did the timing and method of the Government's disclosure violate Todd's Fifth Amendment right to a fair trial
20-7343 Justin David Williams v. Utah Utah 2021-03-05 Denied Response WaivedIFP confrontation-clause criminal-procedure cross-examination due-process evidence hearsay sixth-amendment standard-of-review witness-testimony Whether the court of appeals erred in its admission of the father's 911 call under the excited utterance exception to the hearsay rule
20-1132 DeMichael Tyrone Moore and Derrick Darnell Moore v. Tennessee Tennessee 2021-02-19 Denied confrontation-clause constitutional-rights criminal-procedure cross-examination effective-cross-examination federal-law hearsay-exception memory-loss prior-recorded-statement witness-testimony Whether the Confrontation Clause is violated by admitting a prior recorded statement of a witness who testifies he has no memory of making the stateme…
20-1128 Ralph Clay Walsh, Jr. v. Lisa Hodge, et al. Fifth Circuit 2021-02-17 Denied Response Waived circuit-split civil-rights clearly-established clearly-established-law cross-examination due-process qualified-immunity title-ix Does the mere presence of a circuit split necessarily foreclose a finding that the law is 'clearly established' for qualified immunity purposes?
20-6856 Lavon Oden v. Neil Turner, Warden Sixth Circuit 2021-01-14 Denied Response WaivedRelisted (2)IFP confrontation-clause cross-examination effective-assistance-of-counsel hearsay hearsay-evidence ineffective-assistance prosecutorial-misconduct sixth-amendment Was LaVon Oden's Sixth Amendment right to confront witnesses violated?
20-6453 Marcos Alejandro Gonzalez Flores v. United States Ninth Circuit 2020-11-25 Denied Response WaivedIFP confrontation-clause criminal-procedure cross-examination due-process fourth-amendment search-and-seizure suppression-hearing suppression-motion witness-testimony Whether the Sixth Amendment's Confrontation Clause, the Fifth Amendment's Due Process Clause, or some other authority guarantees a criminal defendant …
20-6397 Douglas Cornejo v. Christian Pfeiffer, Warden Ninth Circuit 2020-11-20 Denied Response WaivedIFP brady-disclosure brady-evidence confrontation-clause criminal-procedure cross-examination due-process preliminary-hearing prosecutorial-misconduct right-to-present-defense witness-testimony Should a COA Have Been Granted to Decide If the Prosecutor's Failure to Disclose Brady Evidence Deprived Cornejo of His Right to Confront and Cross-Ex…
20-6244 Thomas M. Ha v. Christine Popoff, Superintendent, Oregon State Correctional Institution Ninth Circuit 2020-11-09 Denied Response WaivedIFP confrontation cross-examination due-process morrissey-precedent morrissey-v-brewer parole parolee-rights revocation-hearing witness-confrontation Whether the holding in Morrissey v. Brewer extends to revocation hearings
20-6040 Charlie Bell Bullock v. Harold W. Clarke, Director, Virginia Department of Corrections Fourth Circuit 2020-10-15 Denied IFP capital-punishment confrontation-clause criminal-procedure cross-examination ineffective-assistance ineffective-assistance-of-counsel mitigating-evidence professional-norms sentencing-phase sixth-amendment standard-of-review victim-rights Does the Confrontation Clause require a victim to be made available for cross-examination if pictures of them are submitted, and is counsel ineffectiv…
20-485 Michael Torrence v. Kentucky Kentucky 2020-10-14 Denied 14th-amendment cell-phone-evidence cell-phone-tower-evidence confrontation-clause cross-examination due-process lay-witness pretrial-identification state-action whether-the-court's-ruling-that-cell-phone-tower-location-data-and-interpretation-may-be-presented-by-an-unqualified-lay-witness-who-is-unable-to-answ…
20-5896 In Re Douglas Weissert 2020-10-02 Denied IFP confrontation-clause constitutional-rights cross-examination evidence-admissibility mental-health prescription-medication sixth-amendment trial-procedure witness-testimony Whether the state trial court violated the defendant's Sixth Amendment rights by prohibiting cross-examination and evidence regarding the witness's me…
20-5481 Fredrick Brown v. United States Third Circuit 2020-08-25 Denied Response WaivedIFP cross-examination federal-rules-of-evidence fifth-amendment mens-rea prior-acts sixth-amendment victim-witness-evidence Were the Petitioner's rights under the Fifth and Sixth Amendments infringed?
20-5483 Dion Black v. Norm Robinson, Warden Sixth Circuit 2020-08-25 Denied IFP certificate-of-appealability confrontation-clause confrontation-rights cross-examination double-inference-rule effective-assistance-of-counsel habeas-corpus ineffective-assistance-of-counsel sufficiency-of-evidence Should the petitioner have been granted a certificate of appealability
20-5439 Jesse Santibanez v. United States Fifth Circuit 2020-08-21 Denied Response WaivedIFP ABUSE-OF-DISCRETION CONFRONTATION-CLAUSE confrontation-right CRIMINAL-PROCEDURE CROSS-EXAMINATION district-court-discretion SIXTH-AMENDMENT WITNESS-CREDIBILITY witness-testimony Did the District Court violate Santibanez's Sixth Amendment right to confront witness Evangeline Perez Vela against him?
20-5441 Craig Saunders v. Mark Garman, Superintendent, State Correctional Institution at Rockview, et al. Third Circuit 2020-08-21 Denied Response WaivedIFP batson civil-rights constitutional-challenge cross-examination federal-procedure habeas-corpus peremptory-strikes rule-60b Whether reasonable jurists could debate the limitation on cross-examination of prosecutor about peremptory strikes in Batson claim
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
20-5014 Darwin Josue Peralta v. North Carolina North Carolina 2020-07-09 Denied IFP appellate-review civil-rights criminal-procedure cross-examination due-process evidence jury-instructions legal-standards right-to-present-defense standard-of-review Whether the trial court erred and violated Mr. Pecoraro's rights to present a complete defense by prohibiting him from introducing Doris Murillo's and…
19-8819 Hector Rivera v. United States Second Circuit 2020-06-25 Denied Response WaivedIFP alternative-evidence confrontation-right cross-examination district-court-discretion evidentiary-limitation federal-rules-of-evidence rule-403 sixth-amendment Whether a district court's discretion to limit the Sixth Amendment right to confront witnesses is as broad as the general discretion to limit evidence…
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…
19-8615 Vera Zhiry and Pyotr Bondaruk v. United States Ninth Circuit 2020-06-05 Denied Response WaivedIFP cross-examination federal-statute jurisdictional-hook mail-fraud materiality misrepresentation ninth-circuit remote-connection substantial-connection What level of connection between the fraudulent scheme and the mailing is required to trigger the federal statute's jurisdictional hook?
19-8425 Chayce Aaron Anderson v. Colorado Colorado 2020-05-08 Denied Response WaivedRelisted (2)IFP confrontation-clause constitutional-rights cross-examination due-process fair-trial jailhouse-informant jury-trial prejudicial-evidence Whether the district court erred in limiting the scope of cross-examination of a jailhouse informant, denying the defendant's constitutional right to …
19-8362 Henry M. Mitchell, Jr. v. California California 2020-04-26 Denied Response WaivedIFP bad-faith constitutional-rights criminal-procedure cross-examination due-process evidence-destruction police-misconduct Whether the police may rely on unsubstantiated evidence to absolve them of bad faith intentional destruction of potentially useful evidence?
19-8040 Jerry Meas v. Osvaldo Vidal, Superintendent, Souza-Baranowski Correctional Center, et al. First Circuit 2020-03-19 Denied Response WaivedIFP certificate-of-appealability confrontation confrontation-clause credibility criminal-procedure cross-examination due-process evidence habeas-corpus judicial-discretion sixth-amendment sixth-amendment-confrontation witness-credibility Whether it is permissible under a criminal defendant's Sixth Amendment right of confrontation for a trial judge to curtail materially relevant cross-e…
19-7932 Enrique Auch v. Massachusetts Massachusetts 2020-03-10 Denied IFP confrontation-clause criminal-procedure cross-examination evidence-law feigning memory-loss out-of-court-statements sixth-amendment testimonial-statements witness-testimony Whether the Confrontation Clause permits the prosecution to introduce out-of-court testimonial statements from a witness who is feigning memory loss a…
19-7942 Daniel Dale Parsons v. R. Blades, Warden Ninth Circuit 2020-03-10 Denied Response WaivedIFP adverse-witness co-defendant-guilty-plea co-defendant-statement compulsory-process compulsory-process-clause confrontation-clause criminal-procedure cross-examination harmless-error plain-error waiver Has the accused's right of confrontation been converted from the prosecutor's duty under Confrontation Clause into the accused's privilege under the C…
19-7246 Keith Harris v. United States Third Circuit 2020-01-10 Denied Response WaivedIFP confrontation-clause crawford-rule crawford-v-washington cross-examination hearsay informants law-enforcement-testimony lay-opinion-testimony right-to-counsel sixth-amendment witness-testimony Whether the admission of law enforcement testimony that goes to whether a defendant was a participant in a conspiracy based on information provided by…
19-7133 Angel Noel Guevara v. United States Ninth Circuit 2019-12-31 Denied Response WaivedIFP brady-v-maryland cross-examination due-process expert-testimony eyewitness-identification eyewitness-testimony independent-evidence police-lineup rule-403 sixth-amendment sixth-amendment-right-to-present-defense Whether excluding expert testimony on eyewitness memory and police lineup procedures violates the Sixth Amendment right to present a defense, or const…
19-7097 Juan Sanchez v. California California 2019-12-30 Denied IFP confrontation-clause criminal-procedure cross-examination due-process out-of-court-statements prior-testimony testimonial-statements trial-evidence witness-memory witness-testimony Whether a defendant in a criminal case is denied the opportunity for full and effective cross-examination in violation of the Confrontation Clause
19-7021 Otis Hunter and Deshawn Evans v. United States Seventh Circuit 2019-12-19 Denied IFP bias confrontation-clause criminal-procedure cross-examination jury-instructions jury-nullification mandatory-minimum nullification sentencing sixth-amendment witness-cooperation Whether the Sixth Amendment Confrontation Clause is violated
19-685 Edward George McGregor v. Texas Texas 2019-11-27 Denied Response RequestedRelisted (2) credibility cross-examination due-process false-testimony materiality prosecutorial-misconduct witness-credibility Is the materiality of false testimony knowingly used by the prosecution determined by asking whether the jury would have convicted the defendant had t…
19-6676 Christopher G. Waguespack v. United States Fifth Circuit 2019-11-19 Denied Response WaivedIFP child-pornography computer-evidence computer-forensics confrontation-clause criminal-procedure cross-examination evidence law-enforcement sixth-amendment software-reliability Whether failing to call the law enforcement agent responsible for generating a computer report in the Government's case-in chief implicates the Sixth …
19-6597 Thiodore Igorovich Galitsa v. United States Second Circuit 2019-11-13 Denied Response WaivedIFP credibility criminal-history criminal-procedure-due-process cross-examination dismissed-case dismissed-charges due-process fair-trial false-statements illegal-reentry prior-arrests prior-convictions prosecutorial-misconduct trial-fairness Was Mr. Galitsa denied his right to a fair trial?
19-6365 Deontae Travohn Davis v. Duncan MacLaren, Warden Sixth Circuit 2019-10-24 Denied IFP civil-rights confrontation-clause criminal-procedure cross-examination due-process expert-witness handwriting-expert perjury preliminary-examination Can this court extend expert witness needed beyond psychiatrist specialist, because courts refused offer handwriting expert to assist petitioner defen…
19-467 Chixapkaid Donald Michael Pavel v. University of Oregon, et al. Ninth Circuit 2019-10-09 Denied Response Waived confrontation cross-examination due-process employment-rights public-university sexual-harassment tenure termination union Do due-process rights include confronting and cross-examining accuser?
19-5936 Cesar Rosario Lopez-Ramos v. Minnesota Minnesota 2019-09-13 Denied Response RequestedResponse WaivedRelisted (2)IFP confrontation-clause criminal-procedure cross-examination foreign-language-interpreter police-interrogation sixth-amendment testimonial-statements translation-evidence Whether the Sixth Amendment's Confrontation Clause permits the prosecution to introduce testimonial statements in the form of an unidentified foreign …
19-5879 Timothy L. Joe v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2019-09-10 Denied Response WaivedIFP 6th-amendment cross-examination due-process evidence evidentiary-law impeachment impeachment-evidence ineffective-assistance-of-counsel opioid-addiction police-misconduct sixth-amendment Can Florida's evidentiary laws constitutionally preclude impeachment evidence of opioid-addicted police officers?
19-5821 Robert Earl Robinson v. Arizona, et al. Arizona 2019-09-05 Denied IFP appellate-jurisdiction appellate-review brady-v-maryland civil-rights constitutional-law constitutional-rights criminal-defense criminal-procedure cross-examination discovery due-process exculpatory-evidence prosecutorial-misconduct sixth-amendment standing statutory-interpretation Whether the petitioner's constitutional rights were violated when the state failed to disclose exculpatory evidence prior to trial
19-159 Carlos Tapia v. New York New York 2019-08-02 Denied Response RequestedResponse WaivedRelisted (2) confrontation-clause criminal-procedure cross-examination due-process evidence memory-loss sixth-amendment testimonial-statement Whether a witness's total memory loss prevents him from testifying about his prior out-of-court testimonial statement, and whether the witness's mere …
19-5300 Fremo Santana v. United States Third Circuit 2019-07-25 Denied Response WaivedIFP confrontation-clause criminal-procedure cross-examination guideline-range ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining sentencing sentencing-guidelines sentencing-proceedings Whether defense counsel's performance was constitutionally ineffective for erroneously miscalculating petitioner's guideline range which was the decid…
19-5346 Jose Martinez v. United States Second Circuit 2019-07-25 Denied Response RequestedResponse WaivedRelisted (3)IFP acquitted-conduct burden-of-proof buyer-seller-defense criminal-conviction cross-examination drug-conspiracy due-process jury-instructions jury-trial sentencing sentencing-guidelines sixth-amendment Whether this Court's decisions to allow district courts to use acquitted conduct in imposing sentence violate the Constitution
19-5136 Sha-Ron Haines v. United States Ninth Circuit 2019-07-10 Denied Response WaivedIFP confrontation-clause constitutional-rights criminal-defense criminal-procedure criminal-procedure-rights cross-examination due-process evidence evidence-rule-412 rape-shield rape-shield-law right-to-privacy victim-privacy Can the Government invoke Federal Rule of Evidence 412, the rape shield, over the objection of the victim, when doing so infringes upon a defendant's …
18-9795 Gregory A. Barto v. Mark Garmon, Superintendent, State Correctional Institution at Rockview, et al. Third Circuit 2019-06-25 Denied IFP certificate-of-appealability cross-examination due-process effective-cross-examination evidence-tampering habeas-corpus procedural-default prosecutorial-misconduct sixth-amendment state-court-review sufficiency-of-evidence Whether the court of appeals decision to deny a COA concluding that petitioner sufficiency of evidence claim was procedurally defaulted based on state…
18-9567 Daniel De Leon v. United States Fifth Circuit 2019-06-06 Denied Response RequestedResponse WaivedRelisted (2)IFP criminal-procedure cross-examination due-process indictment jury-trial reasonable-doubt supervised-release Whether violations of supervised release require proof to a jury beyond a reasonable doubt
18-9555 Kenneth Thomas v. Robert Marsh, Superintendent, State Correctional Institution at Benner Township Third Circuit 2019-06-05 Denied Response WaivedIFP autopsy-report confrontation-clause crawford-v-washington cross-examination fourteenth-amendment ineffective-assistance-of-counsel melendez-diaz-v-massachusetts sixth-amendment strickland-standard testimonial-evidence Whether the introduction of an autopsy report which was presented as substantive evidence but not testified to by its author violates the Sixth and Fo…
18-1506 Julian Martin v. United States Seventh Circuit 2019-06-03 Denied Response RequestedResponse WaivedRelisted (2) co-defendant-statement confrontation-clause criminal-procedure cross-examination due-process evidence fair-trial hearsay reliability-of-evidence right-to-confront-witnesses sixth-amendment Whether the District Court's express reliance on an out-of-court statement of a non-testifying co-defendant as a basis for finding the defendant guilt…
18-9446 Davon Kelly Bennett v. United States Fourth Circuit 2019-05-28 Denied Response WaivedIFP confrontation-clause criminal-procedure cross-examination custodial-interrogation daubert-standard due-process evidence expert-witness-testimony motion-to-suppress rule-404b sixth-amendment Whether the District Court deprived Petitioner of his right to confront witnesses
18-9414 Donald Stewart Royce v. Florida Florida 2019-05-24 Denied Response WaivedIFP 14th-amendment 6th-amendment confrontation-clause criminal-procedure cross-examination due-process evidence impeachment law-enforcement witness witness-testimony Whether a trial court abuses its discretion, within the confines of procedural due process in the U.S. Constitution's 14th Amendment, by limiting cros…
18-9281 Randy Burke v. Diane Prosper, Acting Warden, et al. Virgin Islands 2019-05-15 Denied IFP 6th-amendment civil-rights confrontation-clause constitutional-rights criminal-procedure cross-examination double-jeopardy due-process evidence evidence-law expert-testimony ineffective-assistance jury-instructions right-to-confrontation trial-counsel Whether the counsel's failure to cross-examine the main witness Beatrice Lawrence constituted ineffective assistance of counsel
18-9227 Robert Sparks v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-05-10 Denied IFP capital-punishment cross-examination due-process expert-testimony expert-witness false-testimony harmless-error jury-impartiality prosecutorial-misconduct Does cross-examination of a prosecution's expert cure all harm from that expert's repeated false testimony during a capital punishment proceeding, and…
18-9062 Derek Ray King v. United States Fifth Circuit 2019-05-01 Denied Response RequestedResponse WaivedRelisted (2)IFP burden-of-proof criminal-procedure cross-examination due-process indictment jury-trial reasonable-doubt sentencing supervised-release whether-violations-of-supervised-release-require-jury-proof-beyond-reasonable-doubt
18-9015 Diego Rodrigo Perea v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2019-04-26 Denied Response WaivedIFP certificate-of-appealability confrontation-clause constructive-denial criminal-procedure cross-examination due-process habeas-corpus ineffective-assistance-of-counsel right-to-counsel sixth-amendment Was the State Court's rejection of the Petitioner's claim that he was constructively denied the assistance of counsel
18-8955 Gregory Butler v. Steven Johnson, Administrator, New Jersey State Prison, et al. Third Circuit 2019-04-23 Denied IFP 14th-amendment 6th-amendment certificate-of-appealability confrontation-clause criminal-procedure cross-examination due-process evidence fourteenth-amendment jury-instructions other-crimes-evidence sixth-amendment trial-fairness witness-confrontation Whether the district court and the third circuit erred in refusing to issue a certificate of appealability
18-8862 Roderick White v. Louisiana Louisiana 2019-04-17 Denied Amici (4)Response RequestedResponse WaivedRelisted (3)IFP confrontation-clause constitutional-interpretation crawford-v-washington cross-examination due-process evidence memory-loss testimonial-hearsay united-states-v-owens Whether the rule of United States v. Owens, 484 U.S. 554 (1988), as used by courts to admit testimonial hearsay from witnesses not amenable to cross-e…
18-1283 Joseph Montano v. Texas Fifth Circuit 2019-04-10 Denied Response Waived consent consent-requirement cross-examination double-jeopardy fifth-amendment fifth-amendment-privilege judicial-discretion mistrial oregon-v-kennedy plain-error united-states-v-olano Whether the underlying reason for a sua sponte declaration of mistrial was plain error that overrides the consent requirement of Oregon v. Kennedy, an…
18-8591 Jose J. Salazar-Hernandez v. Texas Texas 2019-03-28 Denied IFP 14th-amendment child-sexual-assault confrontation-clause constitutional-violation criminal-procedure cross-examination due-process federal-habeas habeas-corpus newly-discovered-evidence post-conviction-relief prosecutorial-misconduct statute-of-limitations victim-testimony Whether the 'beyond a reasonable doubt' standard was reasonably and rationally applied when the alleged victim of child sexual assault testified they …
18-8587 In Re Christopher Stegawski 2019-03-27 Denied IFP 21-cfr-1306.04 21-usc-802 21-usc-841 allocution chronic-pain-treatment cross-examination due-process fair-trial ineffective-assistance-of-counsel ineffective-counsel medical-expert strickland-standard strickland-v-washington trial-fairness united-states-v-moore witness-testimony Was the trial fair when key defense witnesses were not investigated pretrial, court denied Defendant's request to cross examine government medical exp…
18-8418 Marvin Waddleton, III v. Bernadette Rodriguez, et al. Fifth Circuit 2019-03-13 Denied IFP civil-rights confrontation-clause constitutional-rights cross-examination due-process force-application good-faith qualified-immunity summary-judgment Whether the District Court erred in resolving the issue of qualified immunity without a trial to cross-examine witnesses on the application of force i…
18-8332 Abu-Ali Abdur'Rahman, et al. v. Tony Parker, Commissioner, Tennessee Department of Corrections, et al. Tennessee 2019-03-08 Denied Amici (1)IFP cross-examination discovery due-process execution-method execution-secrecy method-of-execution prisoners-rights privileged-communications standing state-officials state-secrecy Does a state deprive condemned prisoners of due process when, to defeat a challenge to the state's method of execution, state officials rely on and th…
18-8118 Alvin Davis, Jr. v. Louisiana Louisiana 2019-02-26 Denied Response WaivedRelisted (2)IFP batson-challenge batson-v-kentucky brady-v-maryland brady-violation criminal-procedure cross-examination due-process fair-trial fourteenth-amendment prosecutorial-misconduct second-amendment witness-tampering Was the Petitioner, Alvin Davis, Jr. denied a fair trial
18-8127 Nguyen Vu v. Sandy L.V. Byrd, Judge, Court of Common Pleas of Pennsylvania, First Judicial District, et al. Pennsylvania 2019-02-26 Denied Response WaivedIFP 14th-amendment civil-rights cross-examination due-process evidence-suppression evidence-tampering fourteenth-amendment judicial-misconduct perjury prosecutorial-misconduct recusal Whether Petitioner's constitutional rights to due process under the Fourteenth Amendment were violated
18-7917 Najee Sharif Wilkins v. Michigan Michigan 2019-02-12 Denied IFP confrontation-clause cross-examination eighth-amendment juvenile-sentencing life-without-parole miller-v-alabama montgomery-v-louisiana parole-eligibility witness-testimony Does Petitioner's sentence violate the Eighth Amendment?
18-7271 Richard Steven Johnson, Jr. v. Neil McDowell, Warden Ninth Circuit 2019-01-07 Denied IFP confrontation-clause coy-v-iowa criminal-procedure cross-examination due-process fundamental-rights maryland-v-craig witness-testimony Whether the Ninth Circuit Court of Appeals violated petitioner's fundamental rights by ruling that the California Courts reasonably applied this Court…
18-7146 Jonathan Samuel Sage v. Washington Washington 2018-12-21 Denied IFP confrontation confrontation-clause cross-examination double-jeopardy double-jeopardy-clause due-process evidence-restriction judicial-review jury-instructions multiple-convictions same-crime same-person-same-time separate-and-distinct-conduct uncharged-misconduct witness-credibility Should this Court grant review where Washington State's published Court of Appeals decision affirmed these multiple convictions despite ambiguous and …
18-6988 Donald Sanders v. Domingo Uribe, Jr., Warden Ninth Circuit 2018-12-11 Denied Response WaivedIFP confrontation confrontation-clause cross-examination due-process eyewitness eyewitness-testimony federal-proceedings fundamental-fairness ninth-circuit state-court state-court-proceedings Whether the Ninth Circuit clearly erred in its decision that the state court reasonably concluded that Petitioner's right to confrontation was not vio…
18-6845 Edward Mitchell v. Lawrence Mahally, Superintendent, State Correctional Institution at Dallas, et al. Third Circuit 2018-11-27 Denied Response RequestedResponse WaivedRelisted (2)IFP clearly-established-law confrontation-clause constitutional-law crawford-v-washington criminal-procedure cross-examination due-process greene-v-fisher habeas habeas-corpus habeas-statute retroactivity Whether the habeas statute can be reinterpreted to allow application of a later Supreme Court decision to deny relief that would otherwise obtain base…
18-6804 Shane Roach v. United States Tenth Circuit 2018-11-26 Denied Response WaivedIFP appellate-review circuit-conflict confrontation-clause criminal-procedure cross-examination due-process legal-objection preservation-of-error sixth-amendment standard-of-review Does a defendant preserve a confrontation issue for review by clearly articulating Confrontation Clause concerns as the basis for his objection withou…
18-687 Auriel Devon Frett v. Territory of the Virgin Islands Virgin Islands 2018-11-26 Denied chambers-v-mississippi co-defendant-testimony confrontation confrontation-clause criminal-procedure cross-examination cumulative-error-doctrine due-process jury-instructions sentencing sixth-amendment Whether the instruction to not consider the specific length of sentence a testifying co-defendant faced absent cooperation violates a defendant's sixt…
18-674 Jedidiah Isaac Murphy v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2018-11-23 Denied brady-violation criminal-procedure-error cross-examination due-process expert-witness habeas-corpus ineffective-assistance-of-counsel materiality materiality-standard presumption-of-correctness prosecutorial-misconduct psychological-evaluation standard-of-review Whether the court of appeals erred in requiring that an expert witness, instead of trial counsel, correct the false impression that the prosecutor cre…
18-6791 Benjamin Bland v. United States Fourth Circuit 2018-11-23 Denied Response WaivedIFP confrontation-clause criminal-procedure cross-examination evidence evidence-admissibility government-evidence harmless-error hearsay sixth-amendment social-security-administration trial-procedure Whether petitioner's Sixth Amendment right to confront witnesses was violated
18-6724 Roger Lee Ozier v. Shirlee Harry, Warden Sixth Circuit 2018-11-19 Denied Response WaivedIFP appellate-review armed-robbery bank-robbery confrontation-clause criminal-procedure cross-examination eyewitness-testimony fair-trial ineffective-assistance ineffective-assistance-of-counsel insufficient-evidence probable-cause sixth-amendment Was the evidence sufficient to sustain Mr. Ozier's conviction for armed robbery and bank robbery?
18-6725 Charles Wayne Bussell v. Kentucky Kentucky 2018-11-16 Denied Response WaivedIFP confrontation-clause criminal-procedure cross-examination due-process impeachment impeachment-evidence ineffective-assistance ineffective-assistance-of-counsel post-conviction-hearing post-conviction-relief postconviction-hearing sixth-amendment tainted-testimony trial-strategy witness-testimony Was defense counsel ineffective in the re-trial when he failed to object to the introduction of the tainted testimony from the first trial and when he…
18-6703 David Richard Trimble v. Darrel Vannoy, Warden Fifth Circuit 2018-11-14 Denied Response WaivedIFP aggravated-rape Confrontation-Clause criminal-procedure cross-examination due-process fourteenth-amendment ineffective-assistance Ineffective-assistance-of-counsel jackson-v-virginia sixth-amendment Statute-of-limitations sufficiency-of-evidence Whether the evidence was insufficient to find David Trimble guilty of four counts of Aggravated Rape beyond a reasonable doubt
18-6475 Lewis Wright v. Pennsylvania Pennsylvania 2018-10-29 Denied Response WaivedIFP brady-violation confrontation-clause criminal-procedure cross-examination cross-examination-rights due-process evidence-disclosure fourteenth-amendment parole perjury prosecutorial-misconduct sixth-amendment witness-bias Whether the court of common pleas erred in limiting Mr. Stein's ability to establish witness Joseph Farley's bias
18-6462 Juan Carlos Mendez v. California California 2018-10-26 Denied Response WaivedIFP criminal-procedure cross-examination due-process fifth-amendment fourteenth-amendment prosecutorial-misconduct sixth-amendment Whether the prosecution's use of 'were they lying' questions and argument to secure a criminal conviction constitutes prosecutorial misconduct and vio…
18-493 Rose J. Spano v. The Florida Bar Florida 2018-10-17 Denied 14th-amendment 5th-amendment bar-disciplinary-proceedings constitutional-rights cross-examination due-process evidentiary-hearing liberty-interest property-interest Whether the Florida Supreme Court's denial of the petitioner's right to an evidentiary hearing and cross-examination of witnesses in bar disciplinary …
18-6355 Christian Dominique Scott v. United States Fifth Circuit 2018-10-17 Denied Response WaivedIFP confrontation-clause criminal-procedure cross-examination due-process evidence parole revocation sentencing supervised-release Whether supervised release revocation defendants enjoy a limited right of cross-examination
18-6160 Kevin R. Carmody v. Board of Trustees of the University of Illinois, et al. Seventh Circuit 2018-10-01 Denied Response WaivedRelisted (3)IFP bias civil-procedure cross-examination due-process employment hearing-officer involuntary-termination post-termination-proceedings privileged-document procedural-fairness public-employee public-employment standing termination Did the Court of Appeals for the Seventh Circuit err in finding Plaintiff bowed out of the post-termination proceedings?
18-6047 Leo Llowlyn Seed v. Julie L. Jones, Secretary, Florida Department of Corrections Eleventh Circuit 2018-09-20 Denied IFP alibi appeal charging-information civil-rights constitutional-rights criminal-procedure cross-examination due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-instructions trial-counsel verdict-form witness-investigation Whether trial counsel was ineffective for multiple reasons
18-6060 James Chavez v. Robert LeGrand, Warden, et al. Ninth Circuit 2018-09-20 Denied Response WaivedIFP confrontation-clause crawford-precedent crawford-v-washington cross-examination hearsay-exception preliminary-hearing sixth-amendment testimonial-statements witness-unavailability Whether a prosecution can admit prior testimonial statements, including a video-taped interview, of a witness that died prior to trial and where defen…
18-6015 Gustavo Torres-Medel v. Jacqueline Lashbrook, Warden Seventh Circuit 2018-09-18 Denied Response WaivedIFP cross-examination defense-presentation discovery expert-witness ineffective-assistance ineffective-assistance-of-counsel procedural-default sixth-amendment sixth-amendment-rights trial-counsel Whether the defendant's Sixth Amendment rights were violated when trial counsel failed to utilize an expert witness, failed to present defense witness…
18-5985 Jeffery Dana Sparks v. Jeff Premo, Superintendent, Oregon State Penitentiary Oregon 2018-09-14 Denied IFP constitutional-rights criminal-procedure cross-examination death-penalty evidence-presentation expert-testimony expert-witnesses ineffective-assistance ineffective-assistance-of-counsel prosecution-experts prosecution-theory trial-strategy Whether defense counsel in a death penalty trial provided effective assistance
18-5843 Alexander Manjanja Chanthunya v. Maryland Attorney Grievance Commission Maryland 2018-08-30 Denied Relisted (2)IFP attorney-disciplinary-proceedings attorney-discipline attorney-misconduct bar-counsel civil-rights constitutional-law constitutional-rights cross-examination disciplinary-proceedings due-process fair-hearing judicial-review standing Whether Maryland Court of Appeals erred in denying Petitioner's Petition
18-5807 Peter R. Rubens v. Darrel Vannoy, Warden Fifth Circuit 2018-08-29 Denied IFP brady brady-violation cross-examination due-process prosecutorial-misconduct sixth-amendment structural-error witness-intimidation Does Webb v. Texas apply when it is the Orleans Parish District Attorney's Office who systematically threatens, coerces, intimidates, and actually off…
18-5646 Syrus Martin v. Georgia Georgia 2018-08-20 Denied Response WaivedIFP child-hearsay child-testimony cross-examination evidence evidence-admissibility evidence-law hearsay hearsay-evidence hearsay-exceptions prior-statements statutory-interpretation testifying-witness witness-statements Whether Georgia's child hearsay statutes or O.C.G.A. § 24-8-801 (d) (1) (A) control the permissible use of the prior statements of a testifying child
18-5653 Pamela Lynn Bravebull v. United States Eighth Circuit 2018-08-20 Denied Response WaivedIFP cross-examination due-process evidence-rules expert-witness fair-trial federal-rules-of-evidence fifth-amendment sixth-amendment structural-error venireperson Whether the prosecutor's elicitation of evidence through a colloquy with a venireperson violated the defendant's Sixth Amendment right to cross-examin…
18-5581 George Jenewicz v. New Jersey New Jersey 2018-08-14 Denied IFP 14th-amendment 6th-amendment civil-rights compulsory-process confrontation-clause criminal-procedure cross-examination due-process hearsay Was the petitioner denied the right of cross-examination and due process under the 6th and 14th amendments?
18-5521 Miguel Antonio Ramos v. United States Fifth Circuit 2018-08-09 Denied Response WaivedIFP criminal-procedure cross-examination due-process fourth-amendment procedural-due-process sentencing sentencing-enhancement supervised-release Whether the petitioner was denied procedural due process by enhancements to his guidelines sentence without any proof to support those enhancements
18-5347 Marquis D. Costic v. Illinois Illinois 2018-07-25 Denied IFP confrontation-clause constitutional-rights credibility cross-examination fifth-amendment jailhouse-informant jury-instructions prosecution-witness prosecutorial-misconduct sixth-amendment witness-disclosure Was my Sixth Amendment U.S. Constitutional Right, under the Confrontation Clause violated when the prosecution kept interrupting during cross-examinat…
18-5349 Tyron Young v. United States Eighth Circuit 2018-07-25 Denied Response WaivedIFP confrontation-clause confrontation-right cross-examination due-process government-informant hearsay out-of-court-allegations reliability sentencing sentencing-hearing sixth-amendment unsworn-testimony Whether the Sixth Amendment right to confront and cross-examine adverse witnesses applies at a sentencing hearing where the court bases the sentence o…
18-5301 Cahlan Clay v. United States Eighth Circuit 2018-07-20 Denied Response WaivedIFP compulsory-process confrontation-clause criminal-defense criminal-procedure cross-examination defendant-rights defense-strategy due-process evidence fair-trial judicial-discretion jury-instructions jury-trial trial-procedure witness-examination Whether a court may dictate the manner by which a defendant presents his case to the jury by forcing defense counsel to rely exclusively on the cross-…
18-5189 Glenvert Green v. United States Third Circuit 2018-07-10 Denied Response WaivedIFP confrontation-clause criminal-procedure cross-examination due-process fifth-amendment hearsay hearsay-evidence sentencing sentencing-procedure sixth-amendment victim-impact-statement victim-impact-statements Whether the Sixth and Fifth Amendments provide a criminal defendant the right to cross-examine a government witness who testifies during a sentencing …