Cruel-and-Unusual-Punishment

447 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-960 Oregon, et al. v. Paul Maney, et al. Ninth Circuit 2026-02-13 Pending corrections-leadership covid-19-response cruel-and-unusual-punishment eighth-amendment public-health-emergency qualified-immunity 1. Whether the Eighth Amendment requires state corrections leadership to implement an overall "reasonable" statewide response to a public-health emerg…
25-6678 Isaac Ramirez Rodriguez v. Virginia Virginia 2026-01-30 Pending Response WaivedIFP constitutional-law cruel-and-unusual-punishment eighth-amendment mandatory-minimum proportionality sentencing Are the mandatory minimum life sentence provisions of Virginia Code §§ 18.2-61(B)(2) and 18.2-67.2(B)(2) unconstitutional as constituting Cruel and Un…
25-6317 Harold Wayne Nichols v. Jonathan Skrmetti, Attorney General of Tennessee, et al. Sixth Circuit 2025-12-08 Denied IFP civil-procedure cruel-and-unusual-punishment eighth-amendment lethal-injection method-of-execution statute-of-limitations 1. Because a method-of-execution-challenge involves a future harm, and not a past harm, lower courts have struggled to determine when the claim accrue…
25-6179 Benny Lee Hodge v. Laura Plappert, Warden Sixth Circuit 2025-11-20 Denied IFP capital-sentence cruel-and-unusual-punishment eighth-amendment equal-protection habeas-corpus sixth-circuit I. Under its original meaning, the Cruel and Unusual Punishments Clause of the Eighth Amendment was interpreted as including disproportionate and arbi…
25-5928 Anthony Boyd v. John Q. Hamm, Commissioner, Alabama Department of Corrections, et al. Eleventh Circuit 2025-10-21 Denied IFP comparative-analysis cruel-and-unusual-punishment death-penalty eighth-amendment execution-method nitrogen-hypoxia When performing a comparative analysis to determine whether an alternative means of execution would significantly reduce a substantial risk of severe …
25-5829 Samuel Lee Smithers v. Florida Florida 2025-10-08 Denied IFP constitutional-rights cruel-and-unusual-punishment death-penalty eighth-amendment elderly-defendant standards-of-decency 1. Does the execution of the elderly violate the Eighth Amendment of the United States Constitution's prohibition against cruel and unusual punishment…
25-5757 Kristopher Jacob Freda v. Oregon Oregon 2025-09-29 Denied Response WaivedIFP constitutional-violations cruel-and-unusual-punishment eighth-amendment first-amendment fourteenth-amendment writ-of-mandamus Will SCOTUS order a writ of mandamus to stop the State of Oregon from punishing Freda with cruel and unusual punishment and stop the Constitutional vi…
25-5534 Carl G. Lindsey v. Ohio Ohio 2025-09-03 Denied IFP cruel-and-unusual-punishment due-process eighth-amendment equal-protection fetal-alcohol-spectrum-disorder fourteenth-amendment Does the Eighth Amendment's prohibition against cruel and unusual punishments, and the Fourteenth Amendment's guarantees of Due Process and Equal Prot…
25-5371 Douglas Manning v. Matthew J. Platkin, Attorney General of New Jersey Third Circuit 2025-08-15 Dismissed Response WaivedIFP civil-rights constitutional-rights correctional-facility cruel-and-unusual-punishment eighth-amendment prisoner-treatment 0 nturioI. clai/M adion or failure, -U dof OrfftouAed 'ta ctdeAi/al 'iofl of 4-o feaSonobte o{\ ffof/} a&fawll 06 rro/tdgj by-^ho Ej'6-M-h A^e/Men\ ■k…
25-5261 Byron Black v. Frank Strada, Commissioner, Tennessee Department of Corrections, et al. Tennessee 2025-08-01 Denied IFP cruel-and-unusual-punishment due-process eighth-amendment execution-method injunctive-relief medical-procedure 1. Where a state government facilitated the implantation of a cardiac defibrillator that has been shown to be very likely to result in severe pain dur…
25A104 Edward J. Zakrzewski, II v. Florida Florida 2025-07-24 Denied arbitrary-and-capricious cruel-and-unusual-punishment death-penalty eighth-amendment fourteenth-amendment jury-override Whether the Eighth and Fourteenth Amendments prohibit executing a defendant whose death sentences were imposed by bare majority jury votes and judicia…
25-5136 Christopher Thomas Scamahorn v. Florida Florida 2025-07-17 Denied IFP cruel-and-unusual-punishment eighth-amendment fourteenth-amendment juvenile-offenders meaningful-opportunity rehabilitation Question 1: Whether under the Eighth Amendment as applied to the states via the Fourteenth Amendment, the Cruel and Unusual Punishments Clause prohibi…
25-5056 Edward Lee Busby, Jr. v. Texas Texas 2025-07-08 Denied IFP atkins-standard cruel-and-unusual-punishment death-penalty eighth-amendment expert-testimony intellectual-disability Where the clinical criteria unequivocally establish that a death row inmate is intellectually disabled, and where all the experts -- including the exp…
24-7151 Zane Michael Floyd v. Jeremy Bean, Warden, et al. Nevada 2025-05-06 Denied IFP atkins-ruling capital-punishment cruel-and-unusual-punishment eighth-amendment intellectual-disability medical-consensus Whether a state may constitutionally execute a defendant who meets the strict medical standard for severe brain damage caused by fetal alcohol exposur…
24-6893 Jonathan Taum v. United States Ninth Circuit 2025-03-31 Denied Response WaivedIFP constitutional-interpretation cruel-and-unusual-punishment eighth-amendment hudson-v-mcmillian prison-guard prisoner-rights Did the Ninth Circuit err when it disregarded Petitioner Taum's argument that Hudson v. McMillian was wrongly decided and should be overruled based on…
24-6778 Jessie Hoffman v. Gary Westcott, Secretary, Louisiana Department of Public Safety and Corrections, et al. Fifth Circuit 2025-03-16 Dismissed IFP cruel-and-unusual-punishment eighth-amendment execution-method nitrogen-gassing religious-freedom rluipa Whether a method of execution that superadds psychological suffering violates the Eighth Amendment's bar on cruel and unusual punishment; Whether exec…
24-6757 Caed Brawner v. Florida Florida 2025-03-12 Denied Response WaivedIFP constitutional-rights criminal-law cruel-and-unusual-punishment eighth-amendment juvenile-sentencing life-without-parole Whether a sentence of mandatory life imprisonment without the possibility of parole on a teenager violates the prohibition of cruel and unusual punish…
24-6450 Jason Orlando Rios v. Florida Florida 2025-02-03 Denied Response WaivedIFP constitutional-rights cruel-and-unusual-punishment eighth-amendment florida-law post-conviction-relief sexual-battery Whether a Florida court's denial of post-conviction relief for a sexual battery conviction violates the petitioner's constitutional rights under the E…
24-6186 Vicente Alejo Andres, Jr. v. United States Fourth Circuit 2024-12-20 Denied Response WaivedIFP constitutional-law cruel-and-unusual-punishment drug-trafficking firearm-possession sentencing-enhancement statutory-interpretation Whether mere possession of a firearm in the same location as drug trafficking constitutes possession 'in furtherance of' a drug offense under 18 U.S.C…
24-5993 Carey Grayson v. John Q. Hamm, Commissioner, Alabama Department of Corrections, et al. Eleventh Circuit 2024-11-19 Denied IFP conscious-suffocation cruel-and-unusual-punishment eighth-amendment execution-method nitrogen-hypoxia superadded-terror Does the Eighth Amendment prohibit a method of execution involving conscious suffocation or superadded terror?
24-5950 Terry Eugene Iversen v. David Pedro, Superintendent, Eastern Oregon Correctional Institution Ninth Circuit 2024-11-12 Denied Response WaivedIFP categorical-approach cruel-and-unusual-punishment eighth-amendment life-sentence public-indecency recidivist Whether a life sentence without parole for recidivist public indecency violates the Eighth Amendment's prohibition on cruel and unusual punishment
24-5904 Allen Ward Cox v. Florida Florida 2024-11-04 Denied IFP brain-damage cruel-and-unusual-punishment eighth-amendment evolving-standards medical-condition mental-impairment Whether the Petitioner's medical condition involving brain damage and dementia constitutes cruel and unusual punishment under the Eighth Amendment bas…
24-5671 Garcia Glenn White v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2024-09-30 Denied IFP aedpa cruel-and-unusual-punishment death-row Does the Eighth Amendment prohibition against crue eighth-amendment intellectual-disability time-limitation Whether the Fifth Circuit's resolution of counsel substitution replicates the Christeson error and fails to address a potential conflict of interest i…
24-5466 Jarell Davis Terry v. William Straughn, Deputy Director, Arkansas Division of Correction, et al. Eighth Circuit 2024-09-05 Denied Response WaivedIFP constitutional-rights cruel-and-unusual-punishment due-process eighth-amendment excessive-force pro-se-prisoner Whether the use of force against a handcuffed and compliant individual violates constitutional protections against cruel and unusual punishment
24-74 In Re Alphonza Leonard Phillip Thomas Bey 2024-07-25 Denied Relisted (2) 14th-amendment 8th-amendment black-negro-colored-persons constitutional-rights cruel-and-unusual-punishment cruel-unusual-punishment due-process eighth-amendment jurisdiction property state-court Question not identified.
24-5125 Corvin J. Young v. Spartanburg County Detention Facility, et al. Fourth Circuit 2024-07-23 Denied IFP civil-rights constitutional-rights cruel-and-unusual-punishment due-process eighth-amendment federal-custody habeas-corpus medical-treatment pretrial-detention prison-conditions prisoner-rights Question not identified
24-5095 Moises Gamboa v. United States Fourth Circuit 2024-07-17 Denied Response WaivedIFP constitutional-law criminal-procedure cruel-and-unusual-punishment eighth-amendment sentencing-guidelines statutory-construction statutory-interpretation united-states-constitution Did the lower courts improperly interpret United States Sentencing Guideline § 4C1.1 that violated the Cruel and Unusual Punishment Clause of the Eigh…
24-5060 Bert Hudson v. Pennsylvania Board of Probation and Parole Pennsylvania 2024-07-12 Denied Response WaivedIFP constitutional-interpretation cruel-and-unusual-punishment cruel-punishment eighth-amendment furman-v-georgia mandatory-minimum parole parole-review second-degree-murder sentencing-guidelines sentencing-statutes Whether Pennsylvania's sentencing statutes for second-degree murder, which provide for a mandatory maximum sentence of life imprisonment with a requir…
24-5065 Damon John Broussard v. Lousiana Louisiana 2024-07-12 Denied IFP constitutional-law constitutional-rights criminal-law criminal-procedure cruel-and-unusual-punishment due-process eighth-amendment proportionality sentencing Does Petitioner's sentence constitute cruel and unusual punishment under the Eighth Amendment?
23-7733 Thomas Richard Ward v. Virginia Virginia 2024-06-20 Denied IFP constitutional-rights coram-vobis criminal-procedure criminal-record-expungement cruel-and-unusual-punishment due-process plea-bargain plea-colloquy protection-order-violation due-process-violation
23-7727 Everett G. Miller v. Florida Florida 2024-06-14 Denied IFP aggravating-factor constitutional-challenge constitutional-law cruel-and-unusual-punishment death-penalty due-process first-degree-murder florida-supreme-court sentencing-statute Whether the Florida Supreme Court's expansion of the applicability of the CCP aggravating factor has rendered Florida's death penalty scheme unconstit…
23-7686 Sammy David McLain, Jr. v. Michelle L. Thaller, et al. Fourth Circuit 2024-06-11 Denied Response WaivedRelisted (2)IFP civil-procedure civil-rights constitutional-rights cruel-and-unusual-punishment due-process excessive-fines judicial-jurisdiction standing sua-sponte-dismissal tort-claim Can a Judge(s) dismiss a Claim sua sponte (frivolous) involving a Tort (civil wrong) Code (statute) Injury (loss of a legal right) and an Act (law) wi…
23-7612 Wade Lay v. Christie Quick, Warden Tenth Circuit 2024-06-03 Denied IFP civil-rights constitutional-rights cruel-and-unusual-punishment due-process execution-delay federal-review federalism habeas-corpus standing state-prisoner Whether the federal courts erred in denying petitioner's request for a stay of execution despite the serious constitutional violations and irreparable…
23-7591 Jamie Mills v. John Q. Hamm, Commissioner, Alabama Department of Corrections, et al. Eleventh Circuit 2024-05-29 Denied IFP access-to-counsel access-to-courts civil-rights constitutional-violation cruel-and-unusual-punishment cruel-punishment due-process eighth-amendment execution-procedure prisoner-rights Whether Alabama's execution process violates the Eighth Amendment
23-7520 Toran Peterson v. Esmaeili Emami, et al. Sixth Circuit 2024-05-21 Denied IFP administrative-remedies civil-rights constitutional-rights criminal-law cruel-and-unusual-punishment due-process eighth-amendment exhaustion juvenile-sentencing mandatory-life-sentence mental-health prison Whether Michigan's involuntary mental health treatment hearings comply with the mandatory language of the statute and prison policy directive, and whe…
23-7500 Jonathan Pendleton v. Jason S. Miyares, Attorney General of Virginia, et al. Fourth Circuit 2024-05-17 Denied Relisted (2)IFP civil-rights constitutional-challenge cruel-and-unusual-punishment cruel-unusual-punishment deliberate-indifference due-process equal-protection habeas-corpus ngri-statute Whether and to what extent Virginia's 'not guilty by reason of insanity' (NGRI) statutes are unconstitutional
23-7505 Daniel Lynn Goering-Runyan v. United States Ninth Circuit 2024-05-17 Denied Response WaivedIFP constitutional-provisions criminal-justice cruel-and-unusual-punishment due-process eighth-amendment judicial-review legal-petition parole procedural-document sentencing supreme-court writ-of-certiorari Whether the Supervised Release Statute/probation for life violates the Eighth Amendment's prohibition on cruel and unusual punishment for misdemeanor …
23-7417 Nersius Adonliel Artisani, aka Roger Joseph Hoffert, Jr. v. Iowa, et al. Eighth Circuit 2024-05-08 Denied IFP civil-rights cruel-and-unusual-punishment due-process eighth-amendment heat-exposure prison-conditions Whether the Eighth Amendment's prohibition on cruel and unusual punishment protects prisoners from being subjected to extreme heat and inadequate cool…
23-7328 Leslie Hood v. United States Ninth Circuit 2024-04-29 Denied Response WaivedIFP civil-rights constitutional-rights cruel-and-unusual-punishment due-process eighth-amendment employment probation-requirements sentencing sentencing-discretion supervision supervision-conditions Was the district court's imposition of supervision conditions requiring Mr. Hood to obtain some form of work/employment violated the Eighth Amendment …
23-7318 Michael P. Crenshaw v. Illinois Illinois 2024-04-26 Denied IFP civil-rights constitutional-interpretation cruel-and-unusual-punishment death-penalty due-process equal-protection executive-power individual-rights intellectual-disability judicial-review separation-of-powers state-sovereignty Whether the Eighth Amendment's prohibition on cruel and unusual punishment prohibits the execution of a prisoner who was intellectually disabled at th…
23-7303 Demetriaus L. Blaylock v. Illinois Illinois 2024-04-25 Denied Response WaivedIFP constitutional-interpretation constitutional-law criminal-justice cruel-and-unusual-punishment eighth-amendment emerging-adults juvenile-justice miller-v-alabama sentencing Whether the Eighth Amendment's prohibition against cruel and unusual punishment requires the protections granted under Miller v. Alabama to be extende…
23-7283 Hector Manuel Gomez Rodriguez v. United States Ninth Circuit 2024-04-22 Denied Response WaivedRelisted (2)IFP 21-usc-841 constitutional-scrutiny criminal-procedure cruel-and-unusual-punishment eighth-amendment mandatory-minimum mandatory-minimum-sentences non-capital-sentences proportionality-review sentencing Whether the Ninth Circuit contravened Harmelin's plurality and Ewing by exempting all sentences imposed under 21 U.S.C. § 841(b)(1)(A)(vii) from Eight…
23-7261 Geary Wayne Walton v. Ryan Thornell, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. Ninth Circuit 2024-04-19 Denied Response WaivedIFP cruel-and-unusual-punishment death-penalty eighth-amendment execution mental-illness rational-understanding Whether the Eighth Amendment's prohibition on cruel and unusual punishment prohibits the execution of a prisoner who has a severe mental illness that …
23-7153 Brian J. Dorsey v. David Vandergriff, Warden Missouri 2024-04-07 Denied IFP capital-punishment cruel-and-unusual-punishment death-row deterrence eighth-amendment penological-goals rehabilitation retribution When a death-sentenced person has demonstrated that he has been rehabilitated, does the Eighth Amendment prohibit his execution because the penologica…
23-7149 Deterrius Wilson v. Randy F. Philhours, Circuit Judge, 2nd Judicial Circuit, Crittenden County, Arkansas, et al. Eighth Circuit 2024-04-05 Denied IFP civil-rights compensation cruel-and-unusual-punishment due-process retaliation sentencing Whether the petitioner's constitutional rights were violated due to vindictive prosecution, illegal sentencing, and denial of due process
23-7093 Jeremy J. Quinn, Jr. v. Ohio Ohio 2024-03-28 Denied Response WaivedRelisted (2)IFP constitutional-law constitutional-rights criminal-procedure cruel-and-unusual-punishment due-process eighth-amendment sentencing sentencing-statute state-courts Whether a state court's imposition of a criminal sentence that violates the defendant's due process rights and constitutes cruel and unusual punishmen…
23-7086 Vinicio J. Garcia v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division, et al. Fifth Circuit 2024-03-27 Denied IFP 8th-amendment administrative-law civil-procedure civil-rights constitutional-law cruel-and-unusual-punishment due-process federal-jurisdiction standing statutory-interpretation whether-grievances-were-properly-filed
23-7028 Hunter Thomas Boesch v. Florida Florida 2024-03-19 Denied Response WaivedIFP brain-development cruel-and-unusual-punishment eighth-amendment emerging-adults late-adolescent-brain-development mandatory-life-without-parole miller-v-alabama sentencing-protections youth Whether the sentencing protections afforded in Miller v Alabama should be applied to defendants who are emerging adults 18 to 20 years old
23-7033 Donte Taylor v. California California 2024-03-19 Denied Response WaivedIFP 8th-amendment civil-rights constitutional-rights criminal-procedure cruel-and-unusual-punishment due-process eighth-amendment habeas-corpus sentencing Why was my 8th amendment denied?
23-6988 Anthony Shief v. Illinois Illinois 2024-03-14 Denied IFP 8th-amendment civil-rights constitutional-rights cruel-and-unusual-punishment due-process eighth-amendment juvenile-justice juvenile-sentencing life-without-parole mitigating-factors sentencing sentencing-procedure Whether the Eighth Amendment's prohibition on cruel and unusual punishment requires Miller protections for juvenile offenders who receive de facto lif…
23-6879 Christopher Sean Burrus v. Washington Washington 2024-03-01 Denied IFP 6th-amendment civil-rights constitutional-challenge cruel-and-unusual-punishment drug-offense due-process eighth-amendment evidentiary-requirements ineffective-assistance-of-counsel mandatory-minimum mental-health sentencing-law Questions Presented
23-6824 Jeremiah James Lynch v. United States Eighth Circuit 2024-02-26 Denied Response WaivedRelisted (2)IFP civil-rights constitutional-rights criminal-law criminal-procedure cruel-and-unusual-punishment due-process eighth-amendment parole proportionality sentencing sentencing-guidelines supervised-release Whether the petitioner's constitutional rights were violated by the application of a 'grade A' violation for a local crime, which resulted in the peti…
23-6655 Ralph Hall v. Anthony J. Annucci, et al. Second Circuit 2024-02-05 Denied Response WaivedIFP administrative-action constitutional-rights cruel-and-unusual-punishment death-penalty due-process eighth-amendment federal-law habeas-corpus intellectual-disability judicial-review legal-procedure Whether the Eighth Amendment's prohibition on cruel and unusual punishment prohibits the execution of a prisoner who has been found to be intellectual…
23-6640 Garland Ray Gregory, Jr. v. South Dakota South Dakota 2024-02-01 Denied Response WaivedIFP amendment-claim collateral-estoppel constitutional-violation coram-nobis cruel-and-unusual-punishment due-process ineffective-assistance-of-counsel judicial-discretion procedural-error res-judicata Did the South Dakota Supreme Court abuse its discretion in dismissing the petitioner's writ of error coram nobis?
23-6562 Kenneth Eugene Smith v. John Q. Hamm, Commissioner, Alabama Department of Corrections, et al. Eleventh Circuit 2024-01-25 Denied IFP cruel-and-unusual-punishment eighth-amendment equal-protection execution-protocol nitrogen-hypoxia preliminary-injunction ptsd-trauma standing Did the Eleventh Circuit deviate from established precedent when it affirmed the denial of a motion for a preliminary injunction on the ground that hi…
23-6517 Kenneth Eugene Smith v. Alabama Alabama 2024-01-19 Denied IFP constitutional-rights cruel-and-unusual-punishment eighth-amendment fourteenth-amendment lethal-injection method-of-execution nitrogen-hypoxia posttraumatic-stress-disorder Does a second attempt to execute a condemned person following a single, cruelly willful attempt to execute that same person violate the prohibition ag…
23-6512 Douglas Wayne Sokell v. David Pedro, Superintendent, Eastern Oregon Correctional Institution Ninth Circuit 2024-01-18 Denied IFP constitutional-rights cruel-and-unusual-punishment cruel-punishment due-process eighth-amendment habeas-corpus judicial-review life-sentence prisoner-detention recidivism sentencing three-strikes-law Was it constitutional to be sentenced to life in prison without the possibility of parole or release, using recidivism (3 strikes) as a main fact, whe…
23-6431 Mariano Madrid v. Aaron D. Ford, Attorney General of Nevada, et al. Ninth Circuit 2024-01-08 Denied Response WaivedIFP 8th-amendment civil-rights constitutional-rights cruel-and-unusual-punishment death-penalty due-process federal-law judicial-review juvenile-justice legal-procedure Whether the Eighth Amendment's prohibition on cruel and unusual punishment prohibits the execution of a person who was a juvenile at the time of the o…
23-6389 Michael Lavern Boyd v. Lay, Warden, et al. Eighth Circuit 2023-12-28 Denied Response WaivedIFP 8th-amendment civil-rights constitutional-rights cruel-and-unusual-punishment due-process legal-provisions medical-care petition prison supreme-court writ-of-certiorari Whether the denial of access to medical supplies that are necessary to avoid severe pain and suffering violates the Eighth Amendment's prohibition on …
23-688 Travis Scott King, By and Through His Guardian ad Litem, Breanna Raymundo, et al. v. DeMichael Dews, et al. Ninth Circuit 2023-12-27 Denied Response Waived bodily-harm civil-rights cruel-and-unusual-punishment eighth-amendment excessive-force hudson-v-mcmillian prisoner-rights qualified-immunity Can the doctrine of qualified immunity ever apply when force is used maliciously and sadistically for the very purpose of causing harm in violation of…
23-692 Zachariah Minix v. Kentucky Kentucky 2023-12-27 Denied Response Waived abuse-of-discretion criminal-procedure cruel-and-unusual-punishment due-process eighth-amendment fifth-amendment parole-eligibility plea-agreement plea-withdrawal Were the Petitioner's federal due-process rights violated when the Adair County Circuit Court denied the Petitioner's request to withdraw his plea of …
23-6301 Delbert Leroy Oldham v. Oklahoma Oklahoma 2023-12-19 Denied IFP civil-rights constitutional-error cruel-and-unusual-punishment due-process eighth-amendment excessive-fines res-judicata sentencing Whether the Court of Appeals erred by applying the doctrine of res-judicata,whether the District Court exceeded its authority,whether the trial court …
23-6159 Eddie James King v. Doctor Aikens, et al. Eleventh Circuit 2023-12-04 Denied Response WaivedIFP 8th-amendment civil-rights constitutional-rights criminal-procedure cruel-and-unusual-punishment due-process exclusionary-rule fourth-amendment medical-care search-and-seizure standing Whether the plaintiff's deliberate indifference claim is valid
23-6119 Amanda Lyn Walker v. United States Tenth Circuit 2023-11-28 Denied Response WaivedIFP child-abuse constitutional-vagueness criminal-statute cruel-and-unusual-punishment due-process enabling-child-abuse judicial-discretion sentencing-range statutory-interpretation unconstitutionally-vague Whether a criminal statute with a sentencing range of not exceeding one year imprisonment in a county jail or not exceeding life imprisonment at the D…
23-6046 Antonio Lebaron Melton v. Florida Florida 2023-11-17 Denied IFP age-of-culpability age-of-offender criminal-procedure cruel-and-unusual-punishment death-penalty due-process eighth-amendment roper-v-simmons scientific-evidence Does the Eighth Amendment prohibit the death penalty for individuals whose crimes occurred at age 18 years and 25 days?
23-442 Anthony Prescott v. K. Johnson, et al. Fifth Circuit 2023-10-27 Denied 42-usc-1983 4th-amendment conspiracy cruel-and-unusual-punishment food-contamination food-service fourth-amendment intentional-tort official-capacity-claim prisoner-rights public-entity use-of-force Does involuntary exposure to non-medical substances constitute unreasonable force?
23-5803 Robert K. Decker v. Edwin Baez, et al. Seventh Circuit 2023-10-16 Denied Response WaivedIFP civil-rights cruel-and-unusual-punishment due-process eighth-amendment excessive-force failure-to-protect federal-question shackling spoliation Did the United States District Court, Magistrate Judge err in the decision to have the Plaintiff, Robert K. Decker be hand cuffed, (left wrist) and sh…
23A316 Jedidiah Isaac Murphy v. Texas Texas 2023-10-10 Denied cruel-and-unusual-punishment drug-safety due-process eighth-amendment execution-method lethal-injection Whether the Eighth Amendment and state-created liberty interests prohibit executing a prisoner with lethal injection drugs that were exposed to extrem…
23-5730 Blaise Caroleo v. United States Second Circuit 2023-10-06 Denied Response WaivedIFP constitutional-law constitutional-rights criminal-procedure cruel-and-unusual-punishment due-process eighth-amendment sentencing sentencing-scheme statutory-interpretation waiver-of-rights Whether a waiver of the Eighth Amendment protections against cruel and unusual punishment is valid
23-5708 In Re Michael Stansell 2023-10-03 Denied IFP constitutional-rights cruel-and-unusual-punishment due-process eighth-amendment equal-protection fifth-amendment life-sentence void-sentence Whether the infliction of a life sentence upon a prisoner where the life tail is not applicable to his offense of conviction constitutes cruel and unu…
23-5668 Maurice Bellamy v. United States District of Columbia 2023-09-28 Denied Response WaivedIFP appellate-review constitutional-vagueness count-severance criminal-indictment criminal-procedure cruel-and-unusual-punishment double-jeopardy due-process indictment joinder severance trial-court-discretion Whether the trial court erred when it denied defendant's repeated motions to sever counts in the indictment
23-5571 Deon Jefferson Johnson v. Mike Brown, Warden Sixth Circuit 2023-09-13 Denied Response WaivedIFP constitutional-rights cruel-and-unusual-punishment cruel-unusual-punishment due-process fair-trial habeas-corpus habitual-offender jury-trial sentencing-guidelines Whether the petitioner was denied his constitutional rights to a fair and impartial jury trial, due process of law, and to be free from cruel and unus…
23-5547 Timothy James Hahn v. Florida Florida 2023-09-08 Denied Response WaivedIFP constitutional-law constitutional-rights criminal-procedure cruel-and-unusual-punishment eighth-amendment juvenile-offenders juvenile-sentencing life-imprisonment sentencing Whether a sentence of life imprisonment without the possibility of parole on a defendant who was under the age of twenty-five at the time of the offen…
23-5485 Paul M. Poupart v. Louisiana Louisiana 2023-08-30 Denied Response WaivedRelisted (2)IFP 14th-amendment 5th-amendment 8th-amendment constitutional-challenge cruel-and-unusual-punishment cruel-unusual-punishment due-process eighth-amendment fraud-upon-court fraud-upon-the-court statute-validity Whether LSA-R.S. 15:529.1 is unconstitutional
23-5466 Toddell Alexander v. United States Sixth Circuit 2023-08-29 Denied Response WaivedIFP civil-rights constitutional-rights criminal-law cruel-and-unusual-punishment due-process eighth-amendment non-physical-harm prisoner-treatment sentencing statutory-interpretation supreme-court Whether Ohio's Domestic Violence Statute is categorically a violent felony in light of Samuel Johnson v. United States, 135 S.Ct. 2551 (2015)
23-175 City of Grants Pass, Oregon v. Gloria Johnson, et al., on Behalf of Themselves and All Others Similarly Situated Ninth Circuit 2023-08-25 Judgment Issued Amici (109)Response RequestedResponse WaivedRelisted (3) 8th-amendment circuit-split civil-citations constitutional-law cruel-and-unusual-punishment eighth-amendment homeless-rights homelessness public-camping Does the enforcement of generally applicable laws regulating camping on public property constitute 'cruel and unusual punishment' prohibited by the Ei…
23-5219 Jerry Wilson, aka Steve Vic Parker v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division, et al. Fifth Circuit 2023-07-26 Denied IFP civil-rights constitutional-law cruel-and-unusual-punishment due-process equal-protection habeas-corpus judicial-discretion standing statutory-interpretation Is a United States Citizen Wrongfully Imprisoned, LIFE-IN-DANGER
23A64 D'Andre M. Johnson v. United States Armed Forces 2023-07-24 Presumed Complete cruel-and-unusual-punishment deliberate-indifference eighth-amendment military-confinement sentence-appropriateness uniform-code-of-military-justice Whether military officials may constitutionally subject a service member to confinement conditions that constitute cruel and unusual punishment in vio…
23-5167 Jose Suarez v. United States Second Circuit 2023-07-21 Denied Response WaivedIFP accessorial-liability accessorial-participation criminal-culpability criminal-record cruel-and-unusual-punishment eighth-amendment juvenile-offenders life-sentence life-without-parole mandatory-sentencing sentencing-proportionality Does a mandatory life sentence without parole for an individual who was twenty at the time of the offense, who was without a criminal record, who had …
23-5145 James Edward Barber v. Kay Ivey, Governor of Alabama, et al. Eleventh Circuit 2023-07-20 Denied IFP constitutional-rights cruel-and-unusual-punishment eighth-amendment emotional-anguish execution execution-protocol lethal-injection medical-suffering physical-suffering Did the Eleventh Circuit correctly hold that no amount of physical suffering and emotional anguish imposed by allowing hours-long and countless attemp…
23-5098 Arthur Ray Deere, Sr. v. California Department of Corrections and Rehabilitation Employees, et al. Ninth Circuit 2023-07-13 Denied Response WaivedIFP 8th-amendment civil-rights constitutional-provisions criminal-procedure cruel-and-unusual-punishment due-process habeas-corpus prison-conditions statutory-provisions Whether the conditions of confinement at Mule Creek State Prison violate the Eighth Amendment's prohibition on cruel and unusual punishment
23-5025 Kelly Sundberg v. California California 2023-07-03 Denied IFP civil-procedure civil-rights cruel-and-unusual-punishment due-process habeas-corpus sentencing Whether the petitioner's due process rights were violated by the post-appeal review process
23-7 Lynn Hamlet v. Officer Hoxie Eleventh Circuit 2023-07-03 Denied Response RequestedResponse WaivedRelisted (3) 42-usc-1983 8th-amendment civil-rights conditions-of-confinement cruel-and-unusual-punishment eighth-amendment prison-conditions procunier-v-navarette qualified-immunity section-1983 Whether the Eighth Amendment bars a prison official from forcing a person with diabetes and open wounds to endure prolonged and unnecessary exposure t…
22-7753 Jane Doe, Female Juvenile v. United States Tenth Circuit 2023-06-12 Denied Relisted (2)IFP criminal-procedure cruel-and-unusual-punishment eighth-amendment federal-juvenile-act juvenile-justice juvenile-transfer miller-v-alabama ripeness transfer-to-adult-proceedings When a juvenile is charged with first-degree murder, does the transfer to adult proceedings violate the juvenile's Eighth Amendment rights because the…
22-7752 Arthur Taylor v. Landon Bird, Warden, et al. Ninth Circuit 2023-06-09 Denied Relisted (2)IFP civil-rights compassionate-release constitutional-damages cruel-and-unusual-punishment due-process medical-care medical-neglect prison-conditions prisoner-rights toxic-exposure Whether the petitioner's medical condition and denial of compassionate release violates their constitutional rights
22-7625 Michael Tisius v. David Vandergriff, Warden Missouri 2023-05-24 Denied IFP brain-development criminal-responsibility cruel-and-unusual-punishment death-penalty eighth-amendment juvenile-offender juvenile-offenders mental-impairment Do executions of persons who committed their crimes when they were under the age of 21, or, at the least, the execution of a 19-year-old offender who …
22-7618 Dennis Dewayne Jackson v. United States Eleventh Circuit 2023-05-23 Denied Response WaivedIFP cruel-and-unusual-punishment cruel-unusual-punishment eighth-amendment first-time-offender non-violent-offense non-violent-offenses procedural-reasonableness sentencing-guidelines whether-the-sentence-of-138-months'-imprisonment-imposed-on-a-first-time-offender-violated-the-eighth-amendment-prohibition-against-cruel-and-unusual-…
22-7547 Carl Lee Ashley v. Mary Boayue, et al. Sixth Circuit 2023-05-15 Denied Response WaivedIFP civil-rights constitutional-rights court-of-appeals cruel-and-unusual-punishment due-process eighth-amendment judicial-review legal-standard objective-prong prison-conditions standing Whether the court of appeals erred in finding that petitioner could not establish the objective prong of his Eighth Amendment claims
22-7523 Samuel Caison v. United States First Circuit 2023-05-11 Denied Response WaivedIFP criminal-sentencing cruel-and-unusual-punishment incarceration mental-health nature-of-crime personal-characteristics sentencing-court sentencing-guidelines Whether imposing a period of incarceration that is within the Sentencing Guidelines range can be considered cruel and unusual punishment when the offe…
22-7532 In Re Rex Gard 2023-05-11 Denied IFP criminal-justice cruel-and-unusual-punishment due-process equal-protection ex-post-facto ineffective-assistance ineffective-assistance-of-counsel plea-bargaining sentencing sixth-amendment Is Petitioner actually innocent and has a miscarriage of justice occurred?
22-7424 Darryl Bryan Barwick v. Florida Florida 2023-05-01 Denied IFP age-of-culpability cognitive-deficits cognitive-impairment cruel-and-unusual-punishment eighth-amendment mental-age neuropsychological-disorder state-constitutional-law Whether the Eighth Amendment prohibits the execution of individuals with severe neuropsychological disorders, lifelong cognitive deficits, and low men…
22-7432 Willie Glover, Jr. v. United States District of Columbia 2023-05-01 Denied Response WaivedIFP civil-procedure civil-rights constitutional-law criminal-procedure cruel-and-unusual-punishment due-process eighth-amendment executive-order human-rights recidivism sentencing-guidelines standing Whether the D.C. Court of Appeals erred in treating the case as subject to harmless error analysis when the error was structural in nature
22-7326 Quandraiko Hayes v. Mike Brown, Warden Sixth Circuit 2023-04-20 Denied Response WaivedIFP constitutional-rights cruel-and-unusual-punishment due-process effective-assistance-of-counsel ex-post-facto sentencing Whether the U.S. Court of Appeals for the Sixth Circuit unreasonably denied the petitioner's due-process, effective-assistance-of-counsel, cruel-and-u…
22-7305 Stacey Johnson, et al. v. Dexter Payne, Director, Arkansas Division of Correction, et al. Eighth Circuit 2023-04-17 Denied IFP 8th-amendment cruel-and-unusual-punishment eighth-amendment execution-challenge method-of-execution prisoner-rights scientific-consensus severe-pain standing Whether the Eighth Amendment requires a prisoner challenging the method of his execution to show a scientific consensus that the method is sure or ver…
22-7267 Lloyd Leslie Kindred v. T. Cisneros, Warden Ninth Circuit 2023-04-13 Denied IFP 6th-amendment constitutional-rights criminal-procedure cruel-and-unusual-punishment due-process effective-assistance-of-counsel ineffective-assistance interest-of-justice outcome-determination prejudicial-error reasonable-probability sixth-amendment Whether the 6th Amendment of the U.S. Constitution was violated by the state court's finding that the petitioner's trial counsel was reasonably effect…
22-7236 Louis Gaskin v. Florida Florida 2023-04-06 Denied IFP constitutional-rights cruel-and-unusual-punishment death-penalty eighth-amendment espinosa-v-florida fourteenth-amendment post-conviction-relief procedural-due-process procedural-rules sixth-amendment Whether Mr. Gaskin's execution violates the US Constitution due to a malfunctioned process
22-7177 Michael Lee Gordon v. Chris Tripp, Warden Eighth Circuit 2023-04-03 Dismissed IFP civil-rights cruel-and-unusual-punishment due-process habeas-corpus prison-conditions standing Whether the Eighth Circuit Court of Appeals erred in affirming the lower district court's denial of relief for the appellants' challenge to the condit…
22-7127 William Michael Meyer v. Ryan Thornell, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. Ninth Circuit 2023-03-28 Denied Response WaivedIFP cruel-and-unusual-punishment eighth-amendment habeas-corpus proportionality state-court-adjudication term-of-years-sentences Whether the state court adjudicated the petitioner's Eighth Amendment claim on the merits
22-7113 Atdom Mikels Patsalis v. Ryan Thornell, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. Ninth Circuit 2023-03-27 Denied Response RequestedResponse WaivedRelisted (2)IFP aggregate-length-of-sentences cruel-and-unusual-punishment eighth-amendment habeas-corpus proportionality term-of-years-sentences Whether a state court's express refusal to consider a petitioner's constitutional claim constitutes an adjudication on the merits under 28 U.S.C. § 22…
22-7062 Ricardo Noble v. John E. Wetzel, Secretary, Pennsylvania Department of Corrections, et al. Third Circuit 2023-03-22 Denied Response WaivedIFP administrative-procedure civil-rights constitutional-rights cruel-and-unusual-punishment discretion-abuse due-process equal-protection prison-classification retaliation standing Whether it is unconstitutional for judges and prison staff to allow their personal prejudices to interfere with their ability to do their job
22-6960 James Jonathan Mitchell v. Florida Florida 2023-03-08 Denied Response WaivedIFP cruel-and-unusual-punishment death-penalty due-process eighth-amendment habeas-corpus mental-competency Whether the Eighth Amendment's prohibition on cruel and unusual punishment prohibits the execution of a prisoner who is incompetent to understand the …
22-6930 Robert Earl Hackney v. Michigan Michigan 2023-03-06 Denied Relisted (2)IFP constitutional-violation criminal-procedure cruel-and-unusual-punishment due-process judicial-ethics judicial-misconduct jury-trial standing writ-of-certiorari Whether a petitioner can pass through the Court's Writ of Certiorari gateway and argue the merits of an underlying constitutional claim when the petit…
22-6762 Ryan Galal Van Dyck v. Arizona Arizona 2023-02-13 Denied Response WaivedIFP 8th-amendment child-pornography cruel-and-unusual-punishment eighth-amendment life-sentence mandatory-sentencing proportionality sentencing Does a mandatory de facto life sentence for mere possession of child pornography images, when the person has never directly abused or attempted to abu…
22-693 Michael Johnson v. Susan Prentice, et al. Seventh Circuit 2023-01-25 Denied Amici (2)Response RequestedResponse WaivedRelisted (8) circuit-split civil-rights cruel-and-unusual-punishment eighth-amendment exercise-deprivation prisoner-rights solitary-confinement Whether punitively depriving a prisoner in solitary confinement of virtually all exercise for three years notwithstanding the absence of a security ju…
22-6555 Steven Charles Hill v. Texas Texas 2023-01-18 Denied IFP criminal-procedure criminal-sentencing cruel-and-unusual-punishment cruel-unusual-punishment due-process evidence-sufficiency jury-verdict life-sentence proportionality sentencing sufficiency-of-evidence Was the evidence sufficient to sustain the jury's guilty verdict?
22-6534 Terry Lynn King v. Tony Mays, Warden Sixth Circuit 2023-01-13 Denied IFP capital-punishment capital-trial constitutional-error cruel-and-unusual-punishment cumulative-error due-process federal-courts fourteenth-amendment harmless-error judicial-review Whether the Due Process Clause of the Fourteenth Amendment requires that courts consider the aggregate effect of multiple legal errors
22-6524 Barry L. Brookins v. Rajendra Dwivedi Ninth Circuit 2023-01-11 Denied Response WaivedIFP 8th-amendment civil-rights cruel-and-unusual-punishment due-process eighth-amendment equal-protection fourteenth-amendment medical-procedure state-law Whether the plaintiff's 8th Amendment right against cruel and unusual punishment has been violated through an unlawful surgery performed without the p…
22-6515 Christopher Raiche v. United States First Circuit 2023-01-10 Denied Response WaivedIFP criminal-sentencing cruel-and-unusual-punishment disproportionate-sentence eighth-amendment first-time-offender grossly-disproportionate life-sentence non-violent-crime sentencing Whether the Eighth Amendment's prohibition against grossly disproportionate prison sentences was triggered by the imposition of a de facto life senten…
22-569 In Re Christopher Dunn 2022-12-20 Denied Response RequestedRelisted (2) actual-innocence clear-and-convincing-evidence constitutional-rights cruel-and-unusual-punishment due-process freestanding-actual-innocence habeas-corpus lincoln-v-cassady missouri post-conviction-relief Does innocence matter?
22-6231 William Dustin Poole v. Florida Florida 2022-12-06 Denied Response WaivedIFP constitutional-rights criminal-law cruel-and-unusual-punishment eighth-amendment juvenile-offenders juvenile-sentencing life-imprisonment life-without-parole non-homicide-offense sentencing Whether a sentence of life imprisonment without the possibility of parole on an eighteen-year-old defendant convicted of a non-homicide offense violat…
22-505 Tamika J. Pledger v. Gloria Geither, Warden Tenth Circuit 2022-11-30 Denied Response WaivedRelisted (2) 4th-amendment 5th-amendment affidavit arrest-warrant auto-accident civil-rights cruel-and-unusual-punishment due-process frank-v-delaware no-fault-auto-insurance probable-cause toxicology Does Affidavit for Application for Arrest Warrant include false-statements-knowingly-and-intentionally, probable-cause, due-process, frank-v-delaware,…
22-6134 Eugene Riley III v. Illinois Illinois 2022-11-22 Denied Response WaivedIFP 8th-amendment constitutional-violation criminal-sentencing cruel-and-unusual-punishment de-facto-life-sentence due-process juvenile-justice juvenile-offenders miller-v-alabama mitigating-factors sentencing-guidelines Did the State Court violate the U.S. Constitution when it imposed a 32 year sentence when it disregarded the mitigating factors laid out in Miller v. …
22-6049 Kenneth Eugene Smith v. Alabama Alabama 2022-11-14 Denied IFP capital-sentencing cruel-and-unusual-punishment death-penalty eighth-amendment fourteenth-amendment jury-determination jury-override state-federal-practice Does executing a condemned person contrary to a capital sentencing jury's determination that he should be sentenced to life imprisonment without the p…
22-6006 Justin Richard Testani v. United States Eleventh Circuit 2022-11-07 Denied Response WaivedIFP child-pornography criminal-history cruel-and-unusual-punishment eighth-amendment mental-capacity sentencing sentencing-disparity Whether a 720-month sentence violates the Eighth Amendment prohibition on cruel and unusual sentences
22-5825 Ahmed R. Morning v. Tim Hooper, Warden Fifth Circuit 2022-10-14 Denied Response WaivedIFP constitutional-challenge criminal-procedure cruel-and-unusual-punishment due-process judicial-discretion jurisdiction ramos-v-louisiana retroactive-application retroactivity sentencing sentencing-review Whether the State trial court erred by imposing an unconstitutionally harsh and excessive sentence?
22-337 Jeffrey Lance Hill, Sr. v. Suwannee River Water Management District Florida 2022-10-12 Denied Response Waived administrative-agency administrative-law county-judge cruel-and-unusual-punishment due-process florida-statute florida-statutes judicial-assignment state-circuit-court trial-by-jury Whether a county judge can be elevated to permanent state circuit court duty outside his county solely by assignment of a state circuit judge, ignorin…
22-5814 Christopher Allan Allred v. Washington Washington 2022-10-12 Denied Relisted (2)IFP constitutional-rights criminal-procedure critical-stage cruel-and-unusual-punishment death-penalty due-process eighth-amendment execution mental-illness rational-understanding right-to-counsel sixth-amendment Whether the Eighth Amendment's prohibition on cruel and unusual punishment prohibits the execution of a prisoner who has a severe mental illness that …
22-5771 Shawn Canada v. Olmsted County Community Corrections, All Staff Members, et al. Eighth Circuit 2022-10-05 Denied IFP 8th-amendment civil-rights constitutional-rights criminal-procedure cruel-and-unusual-punishment due-process proportionality prosecutorial-misconduct sentencing supreme-court-review Whether the Eighth Amendment's prohibition on cruel and unusual punishment requires that a defendant be sentenced to a term of imprisonment that is pr…
22-5686 Curtis Lee Henderson, Sr. v. California California 2022-09-27 Denied Response WaivedIFP civil-rights cruel-and-unusual-punishment due-process eighth-amendment fourteenth-amendment liberty-interest parole parole-denial youth-offender Was it cruel and unusual punishment to change Henderson's sentence from 45-to-life plus years to life, without parole, without a court hearing after s…
22-5472 Aaron Michael Shamo v. United States Tenth Circuit 2022-08-30 Denied Response WaivedIFP anti-drug-abuse-act chemical-compound chemical-compounds controlled-substance counsel-waiver cruel-and-unusual-punishment drug-distribution drug-sentencing eighth-amendment essential-elements fentanyl statutory-interpretation Whether Petitioner's counsel's actions constituted a waiver or forfeiture of the argument that the government failed to prove Petitioner distributed t…
22-5405 Perry Sawano v. Colorado Colorado 2022-08-19 Denied IFP 8th-amendment aggregate-sentence constitutional-interpretation constitutional-law criminal-procedure cruel-and-unusual-punishment eighth-amendment proportionality-analysis proportionality-review sentencing sentencing-review Does the Eighth Amendment require a sentencing court to consider a defendant's overall/aggregate sentence when conducting a proportionality review?
22-5297 Jean Max Darbouze v. California California 2022-08-05 Denied IFP 14th-amendment 8th-amendment civil-rights constitutional-rights cruel-and-unusual-punishment deliberate-indifference due-process eighth-amendment fourteenth-amendment helling-v-mckinney state-application Whether the respondent violated the petitioner's 8th Amendment constitutional rights, as applied to the State of California via the 14th Amendment
22-5245 Pamela McCoy v. Florida Florida 2022-08-01 Denied Response WaivedRelisted (2)IFP constitutional-rights cruel-and-unusual-punishment due-process equal-protection fair-proceeding juvenile-sentencing manifest-injustice sentencing-review Does the decision of the Florida State Courts to deny the Petitioner relief violate the Petitioner's rights under the Fifth, Eighth, and Fourteenth Am…
21-8177 Marlin Larice Joseph v. Florida Florida 2022-06-17 Denied IFP constitutional-safeguards cruel-and-unusual-punishment death-penalty due-process eighth-amendment fourth-amendment geographic-arbitrariness sixth-amendment standards-of-decency Does the death penalty violate the Eighth Amendment?
21-8156 Demetrius Antwon Wilson v. Jeffrey Alvarez, et al. Ninth Circuit 2022-06-16 Denied IFP 8th-amendment civil-procedure civil-rights constitutional-violation cruel-and-unusual-punishment deliberate-indifference due-process eighth-amendment medical-treatment prisoner-rights Whether prison officials are deliberately indifferent when they delay or intentionally interfere with medical treatment
21-8046 Joseph Martin Danks v. California California 2022-06-03 Denied IFP capital-punishment criminal-culpability cruel-and-unusual-punishment due-process eighth-amendment inmate-rights mental-health state-liability state-responsibility Does the Eighth Amendment preclude the execution of a seriously mentally ill inmate whose homicidal behavior was the reasonably known, foreseeable, an…
21-8006 Charles A. Inko-Tariah v. Federal Medical Center Butner, NC, et al. Fourth Circuit 2022-06-01 Denied IFP civil-rights constitutional-rights cruel-and-unusual-punishment cruel-punishment due-process eighth-amendment fifth-amendment medical-malpractice unreasonable-search-and-seizure Was the U.S Court of Appeals For The Fourth Circuit correct in affirming the dismissal of a lawsuit against Federal Medical Center, Butner, North Caro…
21-7929 Johnny Joe Avalos v. Texas Texas 2022-05-20 Denied Response WaivedIFP capital-murder cruel-and-unusual-punishment eighth-amendment intellectual-disability life-without-parole mitigating-circumstances sentencing texas-penal-code Whether an ALWOP sentence on an intellectually disabled adult convicted of capital murder as provided by Texas Penal Code Section 12.31(a)(2) a statut…
21-7778 Lester Ochoa v. Ron Davis, Warden Ninth Circuit 2022-05-04 Denied IFP capital-punishment cruel-and-unusual-punishment cullen-v-pinholster eighth-amendment family-sympathy jury-instructions mitigation mitigation-evidence Whether a State court may prohibit jurors from considering sympathy for a defendant's family in the penalty phase of a capital case as mitigation
21-7709 David C. Morris v. Ohio Ohio 2022-04-28 Denied IFP cruel-and-unusual-punishment direct-appeal ineffective-assistance-of-counsel res-judicata sentencing sentencing-error statutory-authority statutory-authorization Whether res judicata may bar correction of a sentence of 'natural life' that does not exist and is not authorized by statute, which constitutes cruel …
21-7686 Robert Maillet v. United States Fourth Circuit 2022-04-22 Denied Response WaivedIFP 5th-amendment 6th-amendment 8th-amendment civil-rights constitutional-rights cruel-and-unusual-punishment double-jeopardy due-process sex-offender-registry supervised-release Question not identified
21-7663 Guy Adam Rook v. Donald Holbrook Ninth Circuit 2022-04-20 Denied Response WaivedIFP 8th-amendment cruel-and-unusual-punishment eighth-amendment federal-constitutional-law gross-disproportionality habeas-corpus harmelin-v-michigan lockyer-v-andrade state-constitutional-law supreme-court-precedent Whether a state constitutional test that is less protective than the federal constitutional test fails to 'adjudicate[ ... ] the merits' of the federa…
21-1363 Brandon Scott Lavergne v. Darrell Vannoy, Warden Fifth Circuit 2022-04-19 Denied Response Waived 8th-amendment cruel-and-unusual cruel-and-unusual-punishment habeas-corpus ineffective-assistance-of-counsel life-without-parole plea-agreement rule-60b-petition solitary-confinement Is a criminal sentence of life without parole in solitary confinement a cruel and unusual sentence?
21-1332 Waseem Daker v. Timothy Ward, et al. Eleventh Circuit 2022-04-06 Denied Response Waived blood-borne-disease blood-borne-diseases civil-rights cruel-and-unusual-punishment due-process imminent-danger incarcerated-rights prison-litigation-reform-act serious-physical-injury standing sua-sponte-dismissal Whether an incarcerated person must allege presently occurring or certain-to-occur serious physical injury to invoke the 'imminent danger' exception u…
21-7547 Gabriel Gonzalez v. John P. Yates, Warden Eighth Circuit 2022-04-05 Denied Response WaivedIFP constitutional-rights covid-19 cruel-and-unusual-punishment due-process eighth-amendment imprisonment prison-conditions sentencing sentencing-guidelines Does continued imprisonment under unconstrained exposure to a lethal contagion violate Eighth Amendment rights?
21-7512 Kevin E. Herriott v. Major Parrish, et al. Fourth Circuit 2022-03-31 Denied IFP 8th-amendment civil-rights cruel-and-unusual-punishment cruel-unusual-punishment disciplinary-action due-process eighth-amendment excessive-force good-faith good-faith-effort law-enforcement Whether petitioner given defendants' notice of what the claims are and the grounds upon which it rests?
21-7498 Eric Lloyd Hermansen v. Anna Valentine, Warden Sixth Circuit 2022-03-30 Denied IFP atypical-hardship civil-rights constitutional-protection covid-19 cruel-and-unusual-punishment due-process habeas-corpus health-complications prisoner-rights Are state prisoners protected from COVID-19 exposure?
21-7457 Gregory Wynn v. Alabama Alabama 2022-03-24 Denied IFP criminal-rehabilitation cruel-and-unusual-punishment eighth-amendment juvenile-offender juvenile-offenders life-sentence life-without-parole rehabilitation sentencing sentencing-proportionality Whether the sentence of life imprisonment without the possibility of parole for a childhood offense is grossly disproportionate, in violation of the E…
21-7423 Delbert Keyes v. Mississippi Mississippi 2022-03-21 Denied Response WaivedIFP criminal-procedure cruel-and-unusual-punishment due-process eighth-amendment habeas-corpus sentencing Whether the petitioner's conviction and sentence violate the Eighth Amendment's prohibition on cruel and unusual punishment
21-1268 Joe Clarence Smith, Jr. v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. Ninth Circuit 2022-03-18 Denied 14th-amendment 42-usc-1983 8th-amendment civil-rights cruel-and-unusual-punishment death-penalty death-row eighth-amendment habeas-relief method-of-execution section-1983 Whether Mr. Smith's method-of-execution challenge is cognizable under 42 U.S.C. § 1983
21-7367 Adam Shane Swindle v. S. Ma'at Fifth Circuit 2022-03-15 Denied Response WaivedIFP burden-of-proof certiorari-standard constitutional-interpretation court-procedure cruel-and-unusual-punishment due-process habeas-corpus judicial-discretion pandemic-review record-review Should an inmate be punished for an act they could not have known to be prohibited?
21-7303 Edward Pinchon v. Raymond Byrd, Warden Sixth Circuit 2022-03-08 Denied Response WaivedIFP cruel-and-unusual-punishment due-process eighth-amendment habeas-corpus juvenile-offenders juvenile-sentencing life-imprisonment mandatory-sentencing miller-precedent Whether the Sixth Circuit erred in concluding that the Miller v. Alabama holding applies only to sentences expressly articulated as life without the p…
21-7290 James L. Caudle v. Florida Florida 2022-03-07 Denied Response WaivedIFP confrontation-clause confrontation-rights constitutional-protections cruel-and-unusual-punishment due-process ex-parte-communication impartial-jury life-imprisonment presumption-of-innocence Whether the right to due process of law has been denied
21-7250 Michael Ray Fortuna v. Robert Hudgins, Warden, et al. Fourth Circuit 2022-03-02 Denied Response WaivedIFP civil-rights constitutional-violation cruel-and-unusual-punishment cruel-punishment disability-accommodations due-process eighth-amendment inmate-safety isolation-conditions medical-neglect prison-conditions prisoner-rights Whether an inmate's placement on a top bunk after suffering injuries from a previous fall constitutes a constitutional violation
21-7232 Lance Reberger v. Michael Koehn, et al. Ninth Circuit 2022-03-01 Denied IFP 8th-amendment civil-rights constitutional-protections cruel-and-unusual-punishment due-process eighth-amendment medical-care medical-treatment prison prison-medical-care prisoner-rights qualified-immunity Whether the Nevada Department of Corrections officials violated the Eighth Amendment by failing to provide adequate medical care to a prisoner during …
21-7023 Toni Marie Rambo v. Texas Texas 2022-02-01 Denied IFP civil-rights constitutional-rights criminal-law criminal-procedure cruel-and-unusual-punishment due-process eighth-amendment sentencing Does the sentence imposed on Mrs. Rambo constitute cruel and unusual punishment in violation of her Eighth Amendment rights?
21-1065 Dennis Wayne Hope v. Todd Harris, et al. Fifth Circuit 2022-02-01 Denied Amici (4)Response RequestedResponse WaivedRelisted (3) constitutional-protections cruel-and-unusual-punishment due-process eighth-amendment judicial-review mental-health physical-health prison-conditions prisoner-rights review-procedures solitary-confinement Whether decades of solitary confinement can violate the Eighth Amendment
21-1021 Dexter Payne, Director, Arkansas Division of Correction v. Alvin Bernal Jackson Eighth Circuit 2022-01-20 Denied Relisted (4) adaptive-skills constitutional-rights criminal-sentencing cruel-and-unusual-punishment death-penalty due-process evidence intellectual-disability judicial-interpretation Whether courts may consider adaptive strengths in deciding whether a defendant is intellectually disabled and thus ineligible for the death penalty
21-1016 Andrew Huy Chrostowski v. Harold W. Clarke, Director, Virginia Department of Corrections Virginia 2022-01-19 Denied Response Waived constitutional-rights criminal-defense cruel-and-unusual-punishment due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mental-health plea-bargaining psychiatric-examination right-to-present-defense Did trial counsel's failure to make a constitutionally adequate inquiry into viable defenses deprive the petitioner of his right to present 'full and …
21-6656 Azizjon Rakhmatov v. United States Second Circuit 2021-12-17 Denied Response WaivedIFP appellate-waiver constitutional-rights cruel-and-unusual-punishment due-process equal-protection guilty-plea plea-agreement right-to-appeal right-to-counsel sentencing-bias Whether a sentence based on racial and ethnic bias can be appealed pursuant to the Constitutional rights to due process and equal protection of the la…
21-6632 Charles Dalton Shoemake v. Mississippi Mississippi 2021-12-16 Denied Response WaivedIFP criminal-sentencing cruel-and-unusual-punishment eighth-amendment exemplary-prison-record juvenile-sentencing life-with-parole proportionality rehabilitation Whether Charles Dalton Shoemake's life-with-parole sentence imposed for a crime he committed at the age of seventeen is disproportionate under the Eig…
21-6531 Billy Mack Nichols, Jr. v. Gary Kerstein, et al. Eighth Circuit 2021-12-06 Denied Relisted (2)IFP 14th-amendment 8th-amendment civil-rights constitutional-rights cruel-and-unusual-punishment cruel-unusual-punishment equal-protection medical-care medical-negligence summary-judgment Whether the lower courts failed to address the medical needs of the petitioner's central diabetes insipidus
21-6504 Edward JoRodge Gladney v. United States Ninth Circuit 2021-12-03 Denied Response WaivedIFP circuit-court-review civil-rights cruel-and-unusual-punishment deliberate-indifference due-process eighth-amendment precedent-interpretation prison-conditions prison-safety prisoner-rights sexual-assault Did the Circuit Court err by contradicting this Court's precedent in Farmer v. Brennan by ruling Petitioner was obliged to show an individualized risk…
21-6473 Michael Stumph v. Ohio Ohio 2021-12-02 Denied Amici (1)Response WaivedIFP Appellate-Review Cruel-and-Unusual-Punishment Due-Process eighth-amendment Equal-Protection fourteenth-amendment Procedural-Due-Process sentencing-discretion Whether Ohio Revised Code § 2953.08(D)(3) violates the Eighth-Amendment
21-6495 Pedro J. Amaro v. New Mexico, et al. Tenth Circuit 2021-12-02 Denied IFP civil-procedure civil-rights cruel-and-unusual-punishment due-process judicial-discretion prison-conditions procedural-fairness standing summary-dismissal Whether the court of appeals, under the 'abuse of discretion' standard of review, should have reversed the district court's judgment summarily dismiss…
21-6430 Michael Cardora Roberson v. Joe Morgan, et al. Fifth Circuit 2021-11-29 Denied IFP 8th-amendment civil-rights civil-rights-violation cruel-and-unusual-punishment deliberate-indifference due-process section-1983 serious-medical-needs under-color-of-state-law Whether the defendants' deliberate indifference to the plaintiff's serious medical needs violated the plaintiff's rights and constituted cruel and unu…
21-6378 Severo Garcia-Meza v. United States Sixth Circuit 2021-11-23 Denied Response WaivedIFP administrative-law board-of-immigration-appeals civil-rights compassionate-release cruel-and-unusual-punishment due-process immigration-law incarceration ineffective-assistance judicial-review sentencing Whether a district court has authority to reduce a sentence under 18 U.S.C. 3582(c)(1)(A) when determining a compassionate release motion
21-6293 Roy Bolinger v. Texas Texas 2021-11-16 Denied IFP collateral-attack cruel-and-unusual-punishment due-process eighth-amendment ineffective-assistance-of-counsel right-to-counsel victim-allocution Did the court of appeals violate Bolinger's right to due process by forcing him to raise his claim on collateral attack without the benefit of counsel…
21-6279 Jquan Leearthur McInnis v. Minnesota Minnesota 2021-11-15 Denied Response WaivedIFP cruel-and-unusual-punishment eighth-amendment juvenile-sentencing life-without-parole miller-v-alabama roper-v-simmons sentencing sentencing-discretion Whether sentencing a juvenile to two consecutive homicide sentences of life-with-the after thirty years, the functional equivalent of a natural life s…
21-6237 Glenn C. Damond v. Louisiana Louisiana 2021-11-10 Denied IFP 8th-amendment civil-rights cruel-and-unusual-punishment juvenile-offenders life-without-parole non-homicide-offenses Whether the Eighth Amendment's Cruel and Unusual Punishments Clause prohibits the imposition of a life sentence without the possibility of parole for …
21-6204 Antonio A. Tankes v. Florida Florida 2021-11-05 Denied Response WaivedIFP armed-career-criminal-act civil-procedure civil-rights constitutional-law criminal-procedure cruel-and-unusual-punishment due-process eighth-amendment free-speech retroactive-application sentencing-enhancement standing Whether the petitioner should be prohibited from filing pro se pleadings
21-6160 Dennis Dean Smith v. United States Eighth Circuit 2021-11-03 Denied Response WaivedIFP 8th-amendment civil-rights criminal-justice-reform cruel-and-unusual-punishment due-process equal-protection first-step-act prior-convictions retroactive-sentencing sentencing sentencing-guidelines substantial-changes Has the Eighth Amendment's prohibition on cruel and unusual punishment required the Supreme Court to remedy it in the case where persons similarly sit…
21-6093 Jeffrey D. Leiser v. Karl Hoffmann, et al. Seventh Circuit 2021-10-27 Denied IFP 8th-amendment civil-rights cruel-and-unusual-punishment deliberate-indifference eighth-amendment inmate-rights medical-treatment summary-judgment wanton-suffering Did the District Court and Seventh Circuit Court of Appeals misapplied the legal presidents that 46 days of severe 'unnecessary inflict of wanton pain…
21-6102 Anthony B. Williams v. United States Eighth Circuit 2021-10-27 Denied Response WaivedIFP constitutional-rights criminal-procedure cruel-and-unusual-punishment district-court double-jeopardy due-process grand-jury-indictment jury-instructions sentencing Whether the absence of a specific unanimity instruction at trial requires the distribution of PCP and occasional quantity counts to be vacated
21-5944 Casey Ray Culp v. United States Ninth Circuit 2021-10-12 Denied Response WaivedIFP criminal-justice cruel-and-unusual-punishment due-process eighth-amendment reform sentencing Whether a guideline sentence of seventy-five months imprisonment violates the Eighth Amendment prohibition on cruel and unusual punishment
21-5860 Antonio Franklin v. Tim Shoop, Warden Sixth Circuit 2021-10-05 Denied IFP appellate-process cruel-and-unusual-punishment due-process eighth-amendment equal-protection final-judgment-rule fourteenth-amendment ineffective-counsel judicial-dereliction Whether the Eighth or Fourteenth Amendments protect inmates from an allegedly faulty appellate process due to ineffective counsel
21-5825 Raqib Abdul Al-Amin v. South Carolina South Carolina 2021-09-29 Denied IFP compulsory-process constitutional-law constitutional-rights criminal-procedure cruel-and-unusual-punishment drug-offense due-process eighth-amendment evidence expert-witness mandatory-minimum sentencing-guidelines Whether the South Carolina Supreme Court erred in concluding that the trial court's decision to exclude the testimony of the defendant's expert witnes…
21-5746 In Re Conghau Huu To 2021-09-22 Denied IFP criminal-conviction cruel-and-unusual-punishment district-court-procedure due-process federal-review gatekeeping habeas-corpus judicial-integrity newly-discovered-evidence sixth-amendment statutory-interpretation Whether the district court and the Eleventh Circuit Court of Appeals violated the petitioner's constitutional rights by making misstatements of facts …
21-399 Chester Lee Reneau v. Mary Cardinas, et al. Tenth Circuit 2021-09-14 Denied Response Waived cruel-and-unusual-punishment deliberate-indifference eighth-amendment medical-negligence prisoner-rights serious-medical-needs seventh-amendment summary-judgment Can prison doctors violate the Eighth Amendment by exposing prisoner's to the 'unnecessary and wanton' infliction of pain?
21-5648 O. B. Davis, Jr. v. Johnny Sumlin, Warden Fifth Circuit 2021-09-10 Denied IFP constitutional-rights criminal-procedure cruel-and-unusual-punishment due-process habeas-corpus ineffective-assistance-of-counsel nolo-contendere prosecutorial-misconduct supreme-court-review witness-testimony Whether the Court's adjudication of this case ensue from a decision that was to, or involve an unreasonable application of, clearly established law as…
21-5513 Christopher Seckington v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2021-08-30 Denied Response WaivedRelisted (2)IFP chapman-v-united-states constitutional-law cruel-and-unusual-punishment drug-trafficking eighth-amendment ineffective-assistance sentencing sentencing-guidelines sixth-amendment urine-testing Question not identified
21-5391 Jermontae Moss v. Georgia Georgia 2021-08-17 Denied Response WaivedIFP 8th-amendment criminal-procedure cruel-and-unusual-punishment family-violence felony-murder juvenile-justice juvenile-sentencing life-without-parole miller-v-alabama mitigating-factors sentencing sentencing-discretion Does a court violate Miller when it refuses to consider childhood trauma as mitigating when sentencing a child to life without parole?
21-5407 Robin Rick Manning v. Michigan Michigan 2021-08-17 Denied IFP civil-rights cruel-and-unusual-punishment cruel-unusual-punishment due-process first-amendment habeas-corpus juvenile-justice miller-v-alabama proportionality-review roper-v-simmons sentencing sentencing-discretion Whether the Michigan Supreme Court's decision to not extend the principle of Miller v. Alabama to 18-20 year olds conflicts with U.S. Supreme Court pr…
21-5164 Larry G. Coker v. Alabama Alabama 2021-07-21 Denied Response WaivedIFP 8th-amendment amendment-violation constitutional-rights criminal-sentencing cruel-and-unusual-punishment double-jeopardy due-process illegal-indictment sentencing sex-offender-registration Whether the re-sentencing of the petitioner to 25 years, which exceeded the lawful sentence, violated the 8th Amendment prohibition on cruel and unusu…
21-5165 Robert Allen Custard v. Scott Crow, Warden Tenth Circuit 2021-07-21 Denied IFP citizen-rights civil-rights constitutional-rights cruel-and-unusual-punishment cruel-punishment double-jeopardy due-process imprisonment legal-detention multiple-punishments united-states-constitution Whether a U.S. citizen can serve 14 years in prison without a sentence
21-62 Paul Poupart v. Louisiana, et al. Louisiana 2021-07-16 Denied Response WaivedRelisted (2) collateral-review constitutional-violation cruel-and-unusual-punishment cruel-unusual-punishment due-process ex-post-facto fraud-on-the-court fraud-upon-court retrospective state-collateral-review Has the State of Lovisiana and its Judicial Officers created and/or imposed an ex post facto law violating the Petitioner's federal due process rights…
21-5108 Victor Willis v. Illinois Illinois 2021-07-14 Denied IFP 8th-amendment civil-rights constitutional-law criminal-procedure cruel-and-unusual-punishment death-penalty due-process eighth-amendment intellectual-disability juvenile-sentencing life-without-parole Whether the Eighth Amendment's prohibition on cruel and unusual punishment prohibits the execution of a prisoner who has been determined to be intelle…
20-8375 Luisa M. Liberto, et al. v. Geisinger Hospital, et al. Third Circuit 2021-06-22 Denied Response WaivedIFP americans-with-disabilities-act civil-rights cruel-and-unusual-punishment discrimination eighth-amendment harassment title-vii viii-amendment wrongful-termination Did Geisinger Hospital discriminate, harass, and inflict cruel and unusual punishment on Jeffrey Liberto and Luisa Liberto in violation of Title VII a…
20-8224 Don Wayne Basey v. Texas Department of Criminal Justice Fifth Circuit 2021-06-04 Denied IFP civil-rights constitutional-division criminal-justice cruel-and-unusual-punishment due-process ex-post-facto Whether the petitioner's fundamental constitutional rights were improperly infringed upon by COVID-19 prison policies
20-8171 Terry L. Ogle v. Mike Parris, Warden Sixth Circuit 2021-05-27 Denied Response WaivedIFP arrest-warrant civil-rights constitutional-rights criminal-procedure cruel-and-unusual-punishment due-process equitable-tolling habeas-corpus plea-bargaining statute-of-limitations Whether fraud, false and misleading statements in arrest & extradition warrant affidavit irrespective of the subsequent indictment in this case entitl…
20-8128 Teddy Ogle v. Mike Parris, Warden Sixth Circuit 2021-05-25 Denied Response WaivedIFP arrest-warrant civil-rights constitutional-rights criminal-procedure cruel-and-unusual-punishment due-process equitable-tolling habeas-corpus plea-bargaining statute-of-limitations Whether fraud, false and misleading statements in arrest & extradition warrant affidavit irrespective of the subsequent indictment in this case entitl…
20-8062 Erold Martin Panopio v. United States Eleventh Circuit 2021-05-18 Denied Response WaivedIFP constitutional-rights criminal-justice criminal-procedure cruel-and-unusual-punishment eighth-amendment juvenile-sentencing sentencing sentencing-reform supervised-release youthful-offender youthful-offenders Whether a near twenty year prison sentence followed by a fifteen year term of supervised release for a youthful offender such as Panopio violates the …
20-8043 Carl Wayne Buntion v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-05-17 Denied IFP arbitrary capital-punishment cruel-and-unusual-punishment death-penalty deterrence eighth-amendment retribution Whether carrying out the execution of a man who has spent thirty years under a sentence of death would violate the Eighth Amendment's prohibition agai…
20-8048 James Terry Colley, Jr. v. Florida Florida 2021-05-17 Denied IFP 14th-amendment 8th-amendment aggravating-factor constitutional-challenge cruel-and-unusual-punishment death-penalty due-process first-degree-murder florida-supreme-court sentencing-scheme Whether Florida's death penalty scheme is unconstitutional as applied because the Florida Supreme Court's expansion of the 'especially heinous, atroci…
20-7803 Jonathan S. Hall v. Delaware Delaware 2021-04-19 Denied Response WaivedIFP 2nd-amendment civil-rights constitutional-rights criminal-procedure cruel-and-unusual-punishment due-process eighth-amendment judicial-discretion sentencing-guidelines standing supreme-court-review takings Whether the federal and state laws predicated on the Constitutionally-questionable Gun Control Act of 1968 are unconstitutional or illegal, and whethe…
20-7763 Brian David Hill v. Virginia Virginia 2021-04-15 Denied IFP actual-innocence constitutional-rights cruel-and-unusual-punishment due-process habeas-corpus indecent-exposure procedural-defect state-custody supervised-release Where the Virginia Supreme Court didn't think that the Petition for Writ of Habeas Corpus should apply to the case of Brian David Hill being convicted…
20-7713 Anthony Keenan Sharp v. Lawrence Long, Judge, Second Judicial Circuit Court of South Dakota, et al. Eighth Circuit 2021-04-13 Denied Response WaivedIFP civil-rights constitutional-rights criminal-procedure cruel-and-unusual-punishment due-process equal-protection exculpatory-evidence fair-trial freedom-of-speech prosecutorial-misconduct unlawful-search-and-seizure Whether the petitioner's constitutional rights to due process, equal protection, freedom from cruel and unusual punishment, and freedom from unlawful …
20-7687 Ronald James Hamilton, Jr. v. Texas Texas 2021-04-07 Denied IFP capital-murder cruel-and-unusual-punishment due-process eighth-amendment exculpatory-evidence fingerprint-evidence prosecutorial-misconduct punishment-trial witness-testimony Did the trial prosecutors deny Mr. Hamilton Due Process by failing to disclose exculpatory fingerprint comparison results relevant to an extraneous ca…
20-1401 James Dennis v. Virginia Virginia 2021-04-06 Denied Response Waived confrontation-clause constitutional-rights cruel-and-unusual-punishment due-process false-evidence fifth-amendment first-amendment fourteenth-amendment prosecutor prosecutorial-misconduct Does any Court have the authority to extinguish a defendant's due process rights via the Fifth and Fourteenth Amendment by allowing the prosecutor to …
20-7637 Derrick Gregory James v. Florida Department of Corrections Florida 2021-04-02 Denied Response WaivedIFP corrections-department cruel-and-unusual-punishment double-jeopardy due-process ex-post-facto fifth-amendment habeas-corpus judicial-discretion sentence-modification sentencing Can a state corrections arbitrarily change a defendant's prison sentence, nearly two decades later, even after having initially structured said court-…
20-7578 Valentin Spataru v. Rick Ramsay, et al. Eleventh Circuit 2021-03-26 Denied IFP civil-rights conspiracy cruel-and-unusual-punishment cruel-punishment detention-conditions due-process in-forma-pauperis judicial-dismissal official-conspiracy standing Whether the Courts may or may not dismiss an Appeal and Motion to Proceed In Forma Pauperis on Appeal
20-7561 Melissa Pocopanni v. Florida Florida 2021-03-25 Denied Response WaivedIFP criminal-responsibility cruel-and-unusual-punishment eighth-amendment intent-to-commit-murder juvenile-sentencing life-imprisonment second-degree-murder Whether a sentence of life imprisonment without the possibility of parole on a nineteen-year-old defendant convicted as a principal to second-degree m…
20-1336 Denis Quinette v. Dilmus Reed, et al. Eleventh Circuit 2021-03-24 Denied Response Waived 42-usc-1983 civil-rights constitutional-rights cruel-and-unusual-punishment due-process fourth-amendment inmate-abuse qualified-immunity supervisory-liability Whether jail command supervisors are entitled to qualified immunity for repeated supervisory failures resulting in a foreseeable, inevitable, and unco…
20-7516 Josue Portillo v. United States Second Circuit 2021-03-22 Denied Response WaivedRelisted (2)IFP criminal-procedure criminal-sentencing cruel-and-unusual-punishment eighth-amendment incorrigibility juvenile-justice juvenile-offenders miller-rule miller-v-alabama proportionality sentencing Whether, absent proof of incorrigibility, a district court can sentence a defendant to fifty-five years imprisonment without parole for participating …
20-7479 Benjamin Velayo v. Cheryl Fox, et al. Tenth Circuit 2021-03-17 Denied IFP cruel-and-unusual-punishment death-penalty eighth-amendment mental-illness rational-understanding reasons-for-execution Whether the Eighth Amendment's prohibition on cruel and unusual punishment prohibits the execution of a prisoner who has a severe mental illness that …
20-7435 Steven G. Knickerbocker v. Wisconsin, et al. Seventh Circuit 2021-03-11 Denied IFP civil-rights constitutional-violation cruel-and-unusual-punishment cruel-punishment due-process evidence-destruction excessive-force federal-crime judicial-misconduct law-enforcement-misconduct medical-care Whether the petitioner's constitutional rights were violated by the alleged physical abuse and denial of medical care while in custody
20-1236 Jason Avery Anderson v. Harold W. Clarke, Director, Virginia Department of Corrections Virginia 2021-03-08 Denied as-applied-challenge constitutional-challenge cruel-and-unusual-punishment due-process effective-assistance-of-counsel eighth-amendment fourteenth-amendment sixth-amendment va-code-18.2-361 va-code-18.2-366 Is Anderson being subjected to cruel and unusual punishment in violation of the Eighth Amendment because Va. Code Sections 18.2-361 and 18.2-366 are u…
20-7342 In Re Christopher Vigliotti 2021-03-05 Denied IFP 14th-amendment 8th-amendment covid-19 covid-19-risk cruel-and-unusual-punishment cruel-punishment due-process eighth-amendment habeas-corpus prison-conditions Should the court issue an emergency writ of habeas corpus requiring respondent's to release petitioner due to the fact COVID-19 and its variants prese…
20-7252 John Raymond Travis v. California California 2021-02-25 Denied IFP capital-punishment cruel-and-unusual-punishment due-process effective-assistance-of-counsel fifth-amendment jury-instructions mitigating-factors sixth-amendment Whether a trial court may preclude all counsel from referencing the word 'mercy' during argument to the jury in the sentencing phase of a capital tria…
20-7238 Alberto Julio Garcia v. Mississippi Mississippi 2021-02-24 Denied IFP competency cruel-and-unusual-punishment death-penalty due-process dusky-standard eighth-amendment fourteenth-amendment mental-competency pretrial-proceedings restorative-treatment Does Mississippi's 'presumption of competency' violate the Fourteenth Amendment, and/or the Eighth Amendment, when that presumption is expanded to all…
20-1155 Jonas David Nelson v. Minnesota Minnesota 2021-02-23 Denied Amici (2)Response Waived cognitive-deficits cruel-and-unusual-punishment eighth-amendment juvenile-offenders juvenile-sentencing life-sentence life-without-parole mental-illness proportionality proportionality-review Whether the Eighth Amendment right to narrow proportionality review of sentences of life without release entails a right to a hearing at which evidenc…
20-7151 Hamid Michael Hejazi v. Clifton Harrold, Sheriff, Lane County, Oregon Ninth Circuit 2021-02-16 Denied IFP bail civil-rights constitutional-claims criminal-procedure cruel-and-unusual-punishment due-process habeas-corpus ineffective-counsel speedy-trial state-court-review Did the Ninth Circuit Court of Appeals err in denying a Certificate of Appealability when the petitioner raised debatable constitutional issues
20-7127 Clyde Pontefract v. United States, et al. Sixth Circuit 2021-02-11 Denied Response WaivedIFP bivens bivens-action civil-rights cruel-and-unusual-punishment cruel-unusual-punishment due-process eighth-amendment federal-prisoner federal-prisons injunctive-relief municipal-liability standing Does Ziglar V Abbasi apply to Eighth Amendment claims by federal prisoners?
20-7049 Edwin Gonzalez v. United States First Circuit 2021-02-04 Denied Response WaivedIFP 8th-amendment age-based-sentencing brain-development constitutional-interpretation criminal-justice cruel-and-unusual-punishment juvenile-sentencing life-without-parole rehabilitation Whether the Miller ban on mandatory life without parole sentences for juvenile homicide offenders should be extended to youths under the age of 21
20-941 Gregory Atkins, et al. v. Kenneth Williams, Medical Director, Tennessee Department of Correction Sixth Circuit 2021-01-13 Denied 8th-amendment cruel-and-unusual-punishment deliberate-indifference eighth-amendment injunctive-relief lack-of-funds official-capacity prison-conditions subjective-component Does the unavailability of funds or other resources negate the subjective component of a deliberate indifference claim under the Eighth Amendment?
20-6846 Tyrone Campbell v. Florida Florida 2021-01-12 Denied IFP cruel-and-unusual-punishment death-penalty due-process eighth-amendment standing supreme-court Whether the arbitrariness of a death sentence under Bucklew v. Precythe, 139 S. Ct. 1112 (2019), entitles the petitioner to relief
20-6849 Casey Rafael Tyler v. Katy Poole, et al. Fourth Circuit 2021-01-12 Dismissed IFP access-to-courts civil-rights covid-19 cruel-and-unusual-punishment due-process health-safety inmate-rights institutional-policy prison-conditions Does lawful imprisonment impose a legal duty on the prisoner to try surviving in the general population, so that he can be lawfully ordered to go into…
20-6746 Jonathan Loyd v. Florida Florida 2020-12-31 Denied IFP 8th-amendment age-of-offender constitutional-rights cruel-and-unusual-punishment due-process eighth-amendment juvenile-justice juvenile-sentencing life-imprisonment mandatory-life-sentence sentencing Whether a mandatory term of life imprisonment imposed upon an offender under the age of 18 is per se lawful under the Eighth Amendment?
20-6626 Ihab Masalmani v. Michigan Michigan 2020-12-15 Denied Response RequestedResponse WaivedRelisted (2)IFP burden-of-proof cruel-and-unusual-punishment due-process irreparable-corruption juvenile-justice juvenile-sentencing life-without-parole miller-hearing Whether the government must bear the burden of proof at a Miller hearing that a juvenile is irreparably corrupt, consistent with juveniles' rights to …
20-6534 Deverick Scott v. Rory Griffin, et al. Eighth Circuit 2020-12-04 Denied Response WaivedIFP civil-rights constitutional-violation cruel-and-unusual-punishment deliberate-indifference due-process eighth-amendment grievances inmate-rights medical-malpractice medical-treatment policy Is A.D.C.'s Correct Care Solutions Medical policy unconstitutional when it denies Scott's tooth restoration?
20-6419 Romell Broom v. Tim Shoop, Warden Sixth Circuit 2020-11-24 Dismissed IFP clearly-established-law constitutional-interpretation cruel-and-unusual-punishment eighth-amendment execution-attempt habeas-corpus robinson-v-california section-2254 sentencing supreme-court-precedent trop-v-dulles Is Louisiana ex rel. Francis v. Resweber, 329 U.S. 459 (1947) the clearly established United States Supreme Court precedent, for purposes of 28 U.S.C.…
20-6393 Todd C. Hughes v. Florida Florida 2020-11-20 Denied Response WaivedIFP cruel-and-unusual-punishment cruel-unusual-punishment due-process eighth-amendment fourteenth-amendment post-conviction postconviction-motion sexual-predator Did the Florida Second District Court of Appeal and the Florida Sixth Judicial Circuit violate the Petitioner's and like situated inmates, rights unde…
20-6396 Michael John Bever v. Oklahoma Oklahoma 2020-11-20 Denied IFP consecutive-sentences criminal-procedure cruel-and-unusual-punishment eighth-amendment eighth-amendment-review jury-finding juvenile-offender juvenile-sentencing sentencing sixth-amendment Whether a judge's decision to sentence a juvenile offender to consecutive terms is exempt from Eighth Amendment review
20-6331 Raphael Dimenick Sam v. Texas Texas 2020-11-16 Denied IFP civil-rights cruel-and-unusual-punishment due-process equal-protection habeas-corpus sentencing Whether the lower court erred in dismissing the petitioner's claims
20-665 Damon B. Cook v. George M. Galaza, Warden Ninth Circuit 2020-11-13 Denied abuse-of-discretion civil-rights cruel-and-unusual-punishment due-process felony-murder habeas-corpus ineffective-assistance-of-counsel reasonable-doubt rule-60(b)(6) sentencing Whether the petitioner Damon C. Cook had a constitutional right to a certificate of appealability
20-6240 Kyle Brandon Richards v. Kristopher Taskila, Warden Sixth Circuit 2020-11-06 Denied IFP aspergers-syndrome cruel-and-unusual-punishment cruel-unusual-punishment due-process mental-health self-representation sentencing-guidelines sentencing-proportionality Question not identified
20-6134 Adam Alfredo Flores v. United States Fifth Circuit 2020-10-26 Denied Response WaivedIFP 8th-amendment criminal-history cruel-and-unusual-punishment disproportionate-sentence eighth-amendment felon-in-possession sentencing-guidelines substantive-reasonableness Was a maximum ten year sentence above the guidelines of 70 to 87 months' imprisonment for Felon in Possession of a Firearm substantively unreasonable,…
20-6116 Terry Joseph Wernicke, Jr. v. Court of Appeal of California, Third Appellate District, et al. California 2020-10-23 Denied Response WaivedIFP cruel-and-unusual-punishment eighth-amendment felony-murder juvenile-offender life-sentence parole Whether the Eighth Amendment's prohibition on cruel and unusual punishment prohibits the imposition of a life sentence without the possibility of paro…
20-6085 Celso Yanez v. California California 2020-10-20 Denied Response WaivedIFP cruel-and-unusual-punishment eighth-amendment first-time-offender mandatory-sentencing sentencing sentencing-guidelines sexual-abuse Whether a mandatory sentence of 45 years to life, imposed on a 56-year-old first-time offender in a sexual abuse case involving no violence, no force,…
20-6060 Benjamin Davis Smiley, Jr. v. Florida Florida 2020-10-19 Denied IFP aggravating-factors capital-sentencing cruel-and-unusual-punishment eighth-amendment equal-protection fourteenth-amendment jury-determination mitigating-circumstances sentencing Does the decision of the Florida Supreme Court in Smiley v. State, 295 So.3d 156 (2020), violate the Eighth Amendment ban on cruel and unusual punishm…
20-6000 Sara G. Kielly v. New York New York 2020-10-13 Denied IFP civil-rights constitutional-conditions conviction-challenge criminal-procedure cruel-and-unusual-punishment due-process habeas-corpus plea-agreement plea-bargaining prison-treatment sentencing Whether a defendant is required, in light of well-established facts, to explicitly plead constitutional conditions and treatment in prison on the plea…
20-5938 Robert B. Wister v. Donald R. White, et al. Ninth Circuit 2020-10-07 Denied IFP civil-rights constitutional-violation cruel-and-unusual-punishment due-process elder-abuse equal-protection federal-statute petition-of-grievances Denial of due process and equal protection in elder abuse case
20-5892 Russell A. Stoddard v. Florida Florida 2020-10-05 Denied IFP appellate-review cruel-and-unusual-punishment due-process eighth-amendment enhanced-sentence fourteenth-amendment sentencing state-law Does the Eighth Amendment protection against cruel and unusual punishment prohibit a state from imposing a prison sentence that exceeds the maximum pr…
20-5893 Jonnie Ravon v. Florida Florida 2020-10-05 Denied IFP constitutional-rights cruel-and-unusual-punishment eighth-amendment habeas-corpus juvenile-sentencing life-without-parole manifest-injustice sentencing violent-offenses Whether the courts below decided an important federal question in a way that conflicts with the relevant decisions of this Honorable Court
20-5887 Charles Kunta Lewis, Jr. v. Michigan Michigan 2020-10-02 Denied IFP age-consideration brain-development constitutional-rights cruel-and-unusual-punishment cruel-unusual-punishment eighth-amendment individualized-sentencing juvenile-offender juvenile-sentencing mandatory-minimum sentencing Whether the sentence given to Mr. Lewis was unconstitutional because it violated the prohibition against cruel and unusual punishment when his youthfu…
20-5845 Deverick Scott v. Danny Burl, Warden, et al. Eighth Circuit 2020-09-30 Denied IFP 1st-amendment administrative-grievance civil-rights cruel-and-unusual-punishment cruel-unusual-punishment due-process false-disciplinary first-amendment prisoner-rights property-rights retaliation Confiscation-and-destruction-of-prisoner-property
20-5677 In Re Jimmy Wren 2020-09-11 Denied IFP access-to-courts constitutional-rights cruel-and-unusual-punishment due-process ex-post-facto habeas-corpus motion-to-rehear sentencing sentencing-hearing successive-habeas-corpus Whether 28 USC §2244 deprives similar-situated-litigants of due-process
20-5572 Michael Aaron Witkin v. Mariana Lotersztain, et al. Ninth Circuit 2020-09-02 Denied Response WaivedRelisted (2)IFP cruel-and-unusual-punishment deliberate-indifference eighth-amendment expert-testimony medical-care prison-conditions summary-judgment Whether expert medical testimony is necessary to survive summary judgment in an Eighth Amendment deliberate indifference claim
20-5491 M. C. v. Indiana Indiana 2020-08-25 Denied Response WaivedIFP constitutional-rights criminal-sentencing cruel-and-unusual-punishment delinquent-acts due-process eighth-amendment imprisonment juvenile-detention juvenile-justice punishment Is a child imprisoned for delinquent acts 'punished' within the meaning of the Eighth Amendment?
20-5474 Montez L. Clayton v. United States Eighth Circuit 2020-08-24 Denied Response WaivedIFP abuse-of-discretion constitutional-rights cruel-and-unusual-punishment due-process ineffective-assistance-of-counsel sentencing Whether the petitioner's sentence was unconstitutionally excessive
20-5450 Darnell Perkins Washington v. Florida Florida 2020-08-21 Denied Response WaivedIFP cruel-and-unusual-punishment due-process eighth-amendment florida-constitution relief standing Does a defendant deserve relief from an Mega Sestece that constitutes Cruel and Unusual punishment under Article I, Section 17 of the Florida Constitu…
20-189 Robert Barnes v. Bill Stange, Warden Missouri 2020-08-19 Denied Response Waived actual-innocence constitutional-claim cruel-and-unusual-punishment due-process effective-assistance-of-counsel gateway-claim habeas Did the Missouri courts err in failing to find that Petitioner had established a gateway-claim of actual-innocence so that his defaulted constitutiona…
20-5407 Dominique Mack v. United States Second Circuit 2020-08-19 Denied Relisted (4)IFP confrontation-clause criminal-procedure cruel-and-unusual-punishment due-process evidence jailhouse-informant mandatory-minimum mandatory-sentencing plain-error sentencing statements-against-interest Whether the district court's admission of jailhouse informant testimony violated this Court's jurisprudence on statements against interest
20-180 Matthew William George v. Virginia Virginia 2020-08-18 Denied 5th-amendment civil-rights constitutional-rights cruel-and-unusual-punishment due-process fifth-amendment first-amendment free-speech post-commitment probation-restrictions Does a Virginia Court have the authority to extinguish a defendant's post commitment First Amendment Rights?
20-5399 Anthony Leon Latimer, aka Gerrald Smith v. Ben Jones, et al. Fourth Circuit 2020-08-18 Denied Response WaivedRelisted (2)IFP 911-caller civil-rights criminal-procedure cruel-and-unusual-punishment due-process emergency-provision false-imprisonment good-samaritan good-samaritan-law law-enforcement-immunity Did the petitioner call 911 in a mental state of emergency?
20-5380 Antonio Deshawn Pitt v. United States Fourth Circuit 2020-08-17 Denied Response WaivedIFP bank-robbery criminal-procedure criminal-sentencing cruel-and-unusual-punishment due-process judicial-discretion mental-health proportionality proportionality-principle sentencing-guidelines statutory-interpretation Whether a district court's statutory obligation to consider the 'history and circumstances' of a criminal defendant and to refrain from imposing a sen…
20-5364 John S. Kaminski v. Scott Semple, Commissioner, Connecticut Department of Correction, et al. Second Circuit 2020-08-14 Denied Response WaivedIFP civil-rights class-action cruel-and-unusual-punishment due-process prison-conditions standing Whether the conditions of confinement and deliberate obstruction of due process by prison officials violate the Eighth Amendment's prohibition on crue…
20-5333 Norman Paul Blanco v. Ralph Diaz, Secretary, California Department of Corrections and Rehabilitation, et al. Ninth Circuit 2020-08-13 Denied IFP administrative-law california-penal-code civil-rights constitutional-law criminal-sentencing cruel-and-unusual-punishment eighth-amendment felony-convictions judicial-review legal-procedure sentencing-enhancements statutory-interpretation Whether California's sentencing enhancement scheme for certain felony convictions violates the Eighth Amendment's prohibition on cruel and unusual pun…
20-5243 Warren K. Henness v. Mike DeWine, et al. Sixth Circuit 2020-08-03 Denied Amici (3)IFP alternative-methods cruel-and-unusual-punishment death-penalty eighth-amendment lethal-injection medical-aid-in-dying Whether the Eighth Amendment categorically permits the degree of pain caused by hanging
20-5178 Jimmy Fernetus v. United States Eleventh Circuit 2020-07-27 Denied Response WaivedIFP cruel-and-unusual-punishment district-court eighth-amendment executive-branch executive-power legislative-branch legislative-power minimum-mandatory-sentence separation-of-powers Whether the separation of powers doctrine prohibits the legislative and executive branches from forcing a district court judge to impose a minimum man…
20-5168 James Wilson v. North Carolina North Carolina 2020-07-24 Denied IFP 8th-amendment civil-rights cruel-and-unusual-punishment due-process execution-methods lethal-injection Whether the petitioner's manner of execution is unconstitutionally cruel and unusual punishment
20-5015 James Latron Sumter v. United States Fourth Circuit 2020-07-09 Denied Response WaivedIFP appellate-review criminal-procedure criminal-sentencing cruel-and-unusual-punishment eighth-amendment first-step-act guilty-plea mandatory-minimum plea-bargaining sentencing Whether the appellate court erred in affirming the district court's ruling not allowing Sumter to withdraw his guilty plea
19-8927 Alfred Brian Mitchell v. Tommy Sharp, Warden Tenth Circuit 2020-07-08 Denied IFP age-of-culpability cognitive-science constitutional-vagueness criminal-procedure cruel-and-unusual-punishment death-penalty due-process eighth-amendment sentencing-aggravator standing statutory-interpretation Whether Oklahoma's application of the 'heinous, atrocious, or cruel' death-penalty aggravator is unconstitutionally vague
19-8849 Linda Pedroza v. Florida Florida 2020-07-02 Denied Response WaivedIFP constitutional-rights cruel-and-unusual-punishment eighth-amendment juvenile-offender juvenile-sentencing parole proportionality second-degree-homicide sentencing sentencing-disparity Where a juvenile offender is sentenced to a term of 40 years in prison for a second degree homicide, and that sentence places her in a worse position …
19-8772 Mario Torres v. Mike Hansen, et al. Ninth Circuit 2020-06-23 Denied IFP 42-usc-1983 brady-violations civil-rights constitutional-rights criminal-procedure cruel-and-unusual-punishment discovery discovery-deprivation due-process eighth-amendment fair-trial Whether Contra Costa County California's blanket policy of depriving a criminal defendant the facts and the evidence (exculpatory or otherwise), surro…
19-8728 Joshua Harrell v. California California 2020-06-17 Denied Response WaivedRelisted (2)IFP cruel-and-unusual-punishment death-penalty eighth-amendment habeas-corpus mental-illness rational-understanding Whether the Eighth Amendment's prohibition on cruel and unusual punishment prohibits the execution of a prisoner who has a severe mental illness that …
19-8666 Louis Mayes v. Jonathan Lebo, Warden Sixth Circuit 2020-06-10 Denied Response WaivedIFP 8th-amendment cruel-and-unusual-punishment due-process equal-protection life-without-parole sentencing whether the kite SeotenceKa the S5tite_ of Teanessee Ate uly ty IWS LS equivaleat +o -+he mandatory Like without Parole SeotenceWa the Q012d° miler vA…
19-1350 Darius Ishun Green v. Bradley Hooks, et al. Eleventh Circuit 2020-06-09 Denied Response Waived civil-rights cruel-and-unusual-punishment deliberate-indifference due-process eighth-amendment inmate personal-characteristics prison prisoner-rights risk-of-harm summary-judgment Under Farmer v. Brennan, is a court precluded from granting summary judgment to defendants where there is evidence of an obvious, substantial risk of …
19-8573 David Konepachit v. California California 2020-05-30 Denied IFP civil-rights constitutional-law criminal-procedure cruel-and-unusual-punishment double-jeopardy due-process equal-protection recidivism sentencing sentencing-enhancement Does ME Senate Bill 1343 violate the petitioner's due-process and equal-protection rights under the 14th Amendment of the U.S. Constitution?
19-8551 Londro Emanuel Patterson, III v. Kansas Kansas 2020-05-28 Denied Response WaivedIFP constitutional-rights criminal-law cruel-and-unusual-punishment eighth-amendment juvenile-justice juvenile-sentencing life-sentence parole sentencing Does a life sentence without parole for a 19-year-old violate the Eighth Amendment's prohibition on cruel and unusual punishment?
19-8472 Wyte Young, Jr. v. Arizona Arizona 2020-05-15 Denied Response WaivedIFP constitutional-claims constitutional-law criminal-procedure cruel-and-unusual-punishment due-process federal-courts federal-review habeas-corpus post-conviction-review procedural-default sentencing state-court-procedure Did the federal court violate petitioner's 5th and 8th amendment rights
19-8462 Juan F. Perez v. Julie L. Jones, et al. Eleventh Circuit 2020-05-14 Denied IFP access-to-courts civil-procedure civil-rights constitutional-rights cruel-and-unusual-punishment due-process judicial-review legal-expertise legal-filing procedural-error standing Can the fact that the defendants' actions resulted in a deprivation of federal constitutional guarantees against cruel and unusual punishment be consi…
19-8447 Jeanette D. Davis v. Renee Thomas, et al. Sixth Circuit 2020-05-12 Denied Response WaivedIFP 8th-amendment civil-rights cruel-and-unusual-punishment cruel-unusual-punishment deliberate-indifference due-process equal-protection excessive-force grievance-interference grievance-process Were us cha 1.Defendant Officer Renee Thomas inflicted crule an unusal punishment
19-1261 Trent Michael Taylor v. Robert Riojas, et al. Fifth Circuit 2020-04-30 GVR Amici (2)Relisted (4) 42-usc-1983 circuit-split civil-procedure civil-rights constitutional-violation cruel-and-unusual-punishment eighth-amendment government-officials obvious-violation prisoner-rights qualified-immunity section-1983 standing Whether the unconstitutionality of government officials' conduct is clearly established even absent binding precedent directly on point
19-8203 Rashan J. Hunt v. Ohio Ohio 2020-04-07 Denied IFP constitutional-rights cruel-and-unusual-punishment due-process ineffective-assistance-of-counsel plea-agreement repeat-offender repeat-violent-offender sentencing sixth-amendment Was petitioner's plea agreement violated, and his constitutional due process protections violated?
19-8166 Anthony Williams v. Muhammad Naji, et al. Third Circuit 2020-04-02 Denied IFP civil-rights cruel-and-unusual-punishment deliberate-indifference due-process health-care hepatitis-c imminent-danger medical-neglect prison prison-healthcare standing Did the court of appeals decision conflict with decisions made by the U.S. district court regarding imminent danger and does hepatitis-C create immine…
19-1191 Ohio v. Shawn Ford Ohio 2020-04-01 Denied Amici (2) atkins-standard atkins-v-virginia civil-rights constitutional-provisions criminal-procedure cruel-and-unusual-punishment due-process eighth-amendment intellectual-disability standing state-standards supreme-court-jurisdiction supreme-court-precedent What is the test for determining whether someone is 'intellectually disabled' for purposes of the Eighth Amendment?
19-8132 Antoine T. Chest v. Michael P. Bald, Judge, Circuit Court of Illinois, Stephenson County Illinois 2020-03-31 Denied IFP bodily-harm consecutive-sentences criminal-law criminal-sentencing cruel-and-unusual-punishment due-process judicial-discretion legal-ambiguity sentence-enhancement sentencing-interpretation statutory-construction statutory-interpretation Whether concurrent sentences are mandated by statute when the petitioner was found to have caused bodily harm, not severe bodily injury
19-1167 Bradley William Kennedy v. Stephen Morris, Warden, et al. Ninth Circuit 2020-03-24 Denied 14th-amendment 8th-amendment AEDPA anti-terrorism-and-effective-death-penalty-act anti-terrorism-and-effective-death-penalty-act-of- cruel-and-unusual-punishment cumulative-trial-errors due-process habeas-corpus insufficient-evidence statute-of-limitations trial-errors Whether Bradley Kennedy's petition for a writ of habeas corpus is time barred under the one-year statute of limitations set forth in the anti-terroris…
19-8060 John Doe v. United States Eleventh Circuit 2020-03-23 Denied Response WaivedRelisted (2)IFP civil-rights court-disclosure cruel-and-unusual-punishment eighth-amendment harassment medical-history medical-privacy prisoner-rights privacy Should a Convicted Felon be Subject to Additional Harassment Above and Beyond Their Prison Sentence Due to a Court's Disclosure of Their Medical Histo…
19-8076 Alfredo Galindo v. Brad Cain, Superintendent, Snake River Correctional Institution Ninth Circuit 2020-03-23 Denied Response WaivedIFP 28-usc-2253 certificate-of-appealability cruel-and-unusual-punishment eighth-amendment federal-procedure habeas-corpus sentencing statutory-requirement Whether petitioner's claim that his 300-month sentence violates his Eighth Amendment right to be free from cruel and unusual punishment meets the stat…
19-8084 Christopher Young v. Rehka Halligan Third Circuit 2020-03-23 Denied IFP civil-rights constitutional-rights cruel-and-unusual-punishment deliberate-indifference eighth-amendment medical-care medical-treatment standing whether-continuous-ineffective-treatment-violates-8th-amendment
19-7951 Rashad Taylor v. Florida Florida 2020-03-10 Denied Response WaivedIFP cruel-and-unusual-punishment eighth-amendment fourteenth-amendment juvenile-offender juvenile-sentencing mandatory-minimum mandatory-minimum-sentence miller-v-alabama Whether the imposition of a mandatory 40-year sentence on a juvenile convicted of homicide violates the Eighth and Fourteenth Amendments' prohibition …
19-7876 Aaron Richardson v. United States Fourth Circuit 2020-03-04 Denied Response WaivedIFP 8th-amendment constitutional-rights criminal-procedure cruel-and-unusual-punishment due-process equal-protection judicial-bias judicial-discretion sentencing sentencing-guidelines Did an unconstitutional 'objective risk of bias' or 'probability of actual bias on the part of the judge' manifest itself during the sentencing hearin…
19-7827 Terry O'Nell Hall v. Texas Texas 2020-03-02 Denied IFP co-defendant confrontation-clause criminal-trial cruel-and-unusual-punishment due-process evidentiary-inconsistency fundamental-fairness inconsistent-testimony right-to-fair-trial sentencing-disparity victim-testimony witness-testimony Did the court of appeals err in deciding petitioner's right to due process was not violated, where the victim testified one way during his trial and t…
19-7626 Lonnie Rarden v. Ohio Ohio 2020-02-12 Dismissed IFP cruel-and-unusual-punishment disproportionate-sentences due-process eighth-amendment non-violent-offense non-violent-offenses proportionality-review sentencing sentencing-disparity Is sentencing a defendant to a de facto life sentence for non-violent offenses a violation of the Eighth Amendment right against cruel and unusual pun…
19-7594 Felix Lopez-Cabrera v. United States Second Circuit 2020-02-07 Denied Response WaivedIFP 8th-amendment age-of-culpability age-of-majority criminal-procedure cruel-and-unusual cruel-and-unusual-punishment eighth-amendment juvenile-sentencing life-sentence life-sentences national-consensus neuroscience Whether Supreme Court jurisprudence finding mandatory life sentences for juveniles cruel and unusual under the Eight Amendment, and non-mandatory life…
19-7565 Tyree Wright v. S. Alvarez, et al. Eleventh Circuit 2020-02-05 Denied IFP 8th-amendment civil-rights cruel-and-unusual-punishment deliberate-indifference diagnostic-imaging due-process eighth-amendment inmate-rights medical-care medical-records prison-healthcare qualified-immunity When an inmate notifies medical of his prior head injury/medical history & asks them to retrieve his medical records, is that adequate to his medical …
19-7418 Jody Gifford v. Florida Florida 2020-01-27 Denied IFP constitutional-rights criminal-procedure cruel-and-unusual-punishment eighth-amendment juvenile-offenders juvenile-sentencing life-sentence parole proportionality resentencing Whether the courts below decided an important federal question in a way that conflicts with the relevant decisions of this Honorable Court when they d…
19-7437 Tony Sparks v. United States Fifth Circuit 2020-01-27 Denied Response WaivedIFP criminal-procedure cruel-and-unusual-punishment due-process fifth-circuit juvenile-offenders juvenile-sentencing life-without-parole miller-rule miller-v-alabama montgomery-retroactivity montgomery-v-louisiana retroactivity sentencing Whether the Fifth Circuit erred in concluding that the U.S. Supreme Court's decision in Miller v. Alabama does not extend to sentences imposed upon ju…
19-7369 David Keen v. Tennessee Tennessee 2020-01-22 Denied Relisted (4)IFP atkins-ruling atkins-v-virginia constitutional-mandate cruel-and-unusual-punishment death-penalty due-process eighth-amendment intellectual-disability judicial-abdication legislative-inaction standing Does the Constitution permit Tennessee to evade the mandate of Atkins v. Virginia, 536 U.S. 304 (2002) by legislative inaction and judicial abdication…
19-7284 Bobby Y. Wallace, Jr. v. Darrel Vannoy, Warden Fifth Circuit 2020-01-14 Denied Amici (1)Response WaivedIFP aedpa aedpa-deference certificate-of-appealability criminal-sentencing cruel-and-unusual-punishment eighth-amendment federalism gross-disproportionality habitual-offender insufficient-evidence jackson-standard jackson-v-virginia judicial-review no-evidence proportionality-review sentencing state-court-decisions Could reasonable jurists debate whether the state court decision to affirm Petitioner's sentence is contrary to or an unreasonable application of the …
19-7252 Clarence Joseph Jason v. Robert Tanner, Warden, et al. Fifth Circuit 2020-01-10 Denied IFP civil-rights cruel-and-unusual-punishment deliberate-indifference due-process excessive-force inmate-safety prison-conditions qualified-immunity Whether a prison's 'control policy' that allows inmates to attack other inmates violates the Eighth Amendment's prohibition on cruel and unusual punis…
19-7140 Antonio Medrano Ortiz v. George T. Solomon, et al. Fourth Circuit 2020-01-03 Denied Response WaivedIFP 8th-amendment administrative-law civil-procedure civil-rights constitutional-provisions cruel-and-unusual-punishment due-process excessive-force judicial-review medical-care medical-rule standing statute-of-limitations statutory-limitations Where the District Court erred by dismissing my original complaint as time-barred by statutes of limitations
19-7036 Jeremy L. Dale v. Anthony Agresta, et al. Seventh Circuit 2019-12-20 Denied IFP 8th-amendment administrative-law civil-rights constitutional-damages cruel-and-unusual-punishment deliberate-indifference due-process excessive-force federal-tort-claims habeas-corpus medical-care prisoner-rights qualified-immunity Whether the Eighth Amendment's prohibition on cruel and unusual punishment was violated by the defendants' alleged deliberate indifference to the plai…
19-6976 James Clayton Johnson v. Arizona Arizona 2019-12-17 Denied IFP arizona capital-punishment constitutional-challenge cruel-and-unusual-punishment death-penalty due-process evidentiary-hearing factual-findings meaningful-opportunity standing Does a court deprive a capital defendant of his due process right to a meaningful opportunity to be heard when the defendant challenges the constituti…
19-6915 Andrew Lee Thompson, II v. United States Fourth Circuit 2019-12-11 Denied Response WaivedIFP civil-rights constitutional-law criminal-procedure cruel-and-unusual-punishment due-process ex-post-facto plea-agreement plea-bargaining sentencing Whether the United States breached its Plea Agreement and failed to abide by the defendant's sentence and suffering process
19-6893 Michael Wayne Nelson v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2019-12-10 Denied IFP 8th-amendment civil-procedure civil-rights constitutional-law cruel-and-unusual-punishment due-process patent prison-conditions retaliation standing takings Whether the petitioner's constitutional rights were violated by the state's actions
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…
19-6870 Kenny Brown v. Mental Health Rehabilitation Ninth Circuit 2019-12-05 Denied IFP civil-procedure civil-rights cruel-and-unusual-punishment due-process equal-protection first-amendment free-speech habeas-corpus standing Did the Petitioner's First Amendment rights get violated by the repeated refusal to address his critical remarks, thus prejudicing the Petitioner's ca…
19-6830 Don Emmery Wilson v. United States Fourth Circuit 2019-12-03 Denied Response WaivedIFP 6th-amendment ambiguous-plea constitutional-rights criminal-matter cruel-and-unusual-punishment cruel-unusual-punishment due-process habeas-corpus hearsay illegal-sentence ineffective-assistance ineffective-assistance-of-counsel obstruction-of-justice plea-bargaining post-conviction-relief profiling sentencing-guidelines Was petitioner subject to ineffective or deficient assistance of counsel in a criminal matter?
19-697 James Dwight Pavatt v. Tommy Sharp, Interim Warden Tenth Circuit 2019-12-03 Denied Amici (2) aggravating-factor aggravating-factors arbitrary-application capital-punishment capital-punishment-sentencing capital-sentence cruel-and-unusual-punishment death-penalty eighth-amendment fourteenth-amendment habeas-corpus procedural-bar procedural-ruling Whether a State's application of an aggravating factor to justify the death penalty violates the Eighth and Fourteenth Amendments when it makes punish…
19-6777 Iris Lamar Anderson v. Florida Florida 2019-11-27 Denied Response WaivedIFP 1st-amendment 8th-amendment appellate-review civil-rights constitutional-interpretation cruel-and-unusual-punishment due-process equal-protection habeas-corpus post-conviction-relief prisoner-rights standing state-court-procedure Was Jae Trois SuPR EMME Loves \\WPLEMENTED Penenites Tor Fiowak's Supiual Sygrem THAT LowTRADICTS He U.S. ConsTtTuT/ONS 1% LE ann \\N™ AMENDMENT RENTS…
19-6649 Alfred L. Brooks v. Dean Borders, Warden Ninth Circuit 2019-11-15 Denied Response WaivedIFP cruel-and-unusual-punishment cruel-punishment dismissed-allegations double-jeopardy due-process extrajudicial-proceeding extrajudicial-proceedings parole parole-hearing plea-agreement Can state District Attorney's Office and/or California Board of Parole Hearings utilize Parole Consideration Hearings as extrajudicial proceedings to …
19-6637 Gregory Cooper v. Katy Poole, et al. Fourth Circuit 2019-11-14 Denied Response WaivedIFP 5th-amendment 6th-amendment civil-rights constitutional-rights counsel criminal-procedure cruel-and-unusual-punishment due-process effective-counsel judicial-discretion right-to-counsel self-incrimination sixth-amendment subject-matter-jurisdiction takings Whether the 5th Amendment to the U.S. Constitution provides for due process when the State compels a defendant to testify against himself by threat of…
19-6583 Patrick Killen, Jr. v. United States Eleventh Circuit 2019-11-12 Denied Response WaivedIFP constitutional-law criminal-procedure cruel-and-unusual-punishment eighth-amendment eleventh-circuit graham-v-florida gross-disproportionality proportionality sentencing statutory-limits Whether the proper analysis to determine a threshold showing of gross disproportionality on an Eighth Amendment claim
19-6545 Bradly M. Cunningham v. Washington County, Oregon, et al. Ninth Circuit 2019-11-07 Dismissed IFP 14th-amendment 8th-amendment civil-rights civil-rights-violation cruel-and-unusual-punishment cruel-unusual-punishment due-process habeas-corpus illegal-sentence parole-board section-1983 sentencing torture Issues being raised
19-6518 Eric Burgie v. Arkansas Arkansas 2019-11-06 Denied Response WaivedIFP aggravated-robbery civil-rights constitutional-rights criminal-procedure cruel-and-unusual-punishment due-process jurisdiction mental-fitness mental-health parole parole-eligibility sentencing sentencing-scheme Whether the petitioner's sentence violates the Eighth Amendment's prohibition on cruel and unusual punishment
19-6416 Jurijus Kadamovas v. John F. Caraway, Warden, et al. Seventh Circuit 2019-10-28 Denied Response WaivedIFP 8th-amendment administrative-discretion administrative-law bureau-of-prisons civil-rights cruel-and-unusual-punishment due-process medical-care medical-conditions prison-conditions prisoner-rights standing torture-prevention Whether the Federal Bureau of Prisons can torture an inmate diagnosed with asthma by exposing them to oleoresin capsicum spray, toxic smoke, and tear …
19-6329 Jackie Lee Boyd v. Carol Monroe, et al. Fifth Circuit 2019-10-22 Denied Response WaivedRelisted (2)IFP 8th-amendment civil-rights constitutional-rights cruel-and-unusual-punishment cruel-treatment deliberate-indifference due-process eighth-amendment incarceration medical-care prison-conditions Is a constitutional right to be free of the wanton infliction of sei pain rendered void upon incarceration?
19-6254 Christopher T. Shanahan v. Idaho Idaho 2019-10-11 Denied Response WaivedIFP 8th-amendment constitutional-law cruel-and-unusual-punishment eighth-amendment equal-protection juvenile-sentencing life-sentence mitigating-factors parole parole-eligibility Does a juvenile life sentence with parole eligibility after a lengthy term violate the Eighth Amendment?
19-6260 Craig Cross v. Florida Florida 2019-10-11 Denied Response WaivedIFP 8th-amendment constitutional-law criminal-sentencing cruel-and-unusual-punishment due-process juvenile-sentencing precedent retroactivity state-supreme-court supreme-court-precedent Did the Florida Supreme Court violate Graham v. Florida, Miller v. Alabama, and Montgomery v. Louisiana when deciding Franklin v. State and State v. M…
19-6235 Scott Thomas Erskine v. California California 2019-10-10 Denied IFP aggravating-circumstances capital-sentencing constitutional-amendments cruel-and-unusual-punishment death-penalty due-process equal-protection jury-trial jury-unanimity narrowing-requirement sentencing Does California's death penalty statute violate the Fifth, Sixth, Eighth, and Fourteenth Amendments?
19-6191 K. N., et ux. v. Montana Department of Public Health and Human Services Montana 2019-10-07 Denied Response WaivedRelisted (3)IFP 1st-amendment 5th-amendment civil-rights civil-rights-act-of-1964 constitutional-rights cruel-and-unusual-punishment cruel-punishment due-process fifth-amendment freedom-of-religion parental-rights religious-discrimination self-incrimination state-action state-overreach Did the state's demands that the parents admit guilt violate their Constitutional rights under the 5th Amendment?
19-6130 George W. Fisher v. John Gregory Mermelstein, et al Eighth Circuit 2019-10-03 Denied IFP 1st-amendment civil-rights cruel-and-unusual-punishment disability due-process eighth-amendment equal-protection free-speech media-access medical-treatment prison prisoner-rights state-liability Whether the denial of media treatment at a state prison violates the First Amendment's guarantee of freedom of the press
19-443 Charles G. Kinney v. Philip S. Gutierrez, Judge, United States District Court for the Central District of California Ninth Circuit 2019-10-03 Denied Response Waived access-to-courts bivens bivens-claim cruel-and-unusual-punishment cruel-unusual-punishment due-process eighth-amendment excessive-fines obstruction-of-justice vexatious-litigant Whether the use of vexatious litigant laws to punish an individual and preclude access to the courts, resulting in excessive fines and cruel and unusu…
19-6121 In Re Matthew Lee Staszak 2019-10-02 Denied Response WaivedRelisted (2)IFP constitutional-violations cruel-and-unusual-punishment due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mandamus prosecutorial-misconduct Should this Supreme Court issue the writ of mandamus to compel the district court to adjudicate petitioner's 28 USC § 2255 habeas corpus petition
19-6092 Jonothan E. Prather v. Robert Gilmore, Superintendent, State Correctional Institution at Greene, et al. Third Circuit 2019-10-01 Denied IFP 14th-amendment 8th-amendment constitutional-rights cruel-and-unusual-punishment eighth-amendment equal-protection fourteenth-amendment juvenile-sentencing miller-v-alabama montgomery-v-louisiana petition-timeliness retroactivity timeliness Whether the lower courts erred in dismissing the Petitioner's petition as untimely and in finding that the newly recognized constitutional right set f…
19-6093 In Re Barbara Stone, et al. 2019-09-30 Denied IFP civil-rights constitutional-rights cruel-and-unusual-punishment due-process elder-abuse equal-protection habeas-corpus retaliation state-detention unlawful-detention vulnerable-adults Whether the facts demonstrate willful violations of protected rights under the Constitution, including the right to life, liberty, property, due proce…
19-5988 Tyrone Chalmers v. Tennessee Tennessee 2019-09-18 Denied IFP atkins-claim atkins-v-virginia civil-rights constitutional-prohibition cruel-and-unusual-punishment death-penalty due-process intellectual-disability iq-score moore-v-texas procedural-vehicle roper-v-simmons Whether a state can thwart the constitutional prohibition against executing intellectually disabled offenders by failing to provide a procedural vehic…
19-5996 Michael J. W. Potter v. United States Sixth Circuit 2019-09-18 Denied Response WaivedIFP constitutional-rights criminal-procedure criminal-sentencing cruel-and-unusual-punishment due-process eighth-amendment life-imprisonment mandatory-minimum mandatory-sentencing sentencing Whether entry of a mandatory sentence of life imprisonment violated Appellant's rights under the Eighth Amendment to the United States Constitution
19-5916 Juan Matias Torres v. Ralph M. Diaz, Warden Ninth Circuit 2019-09-11 Denied IFP civil-rights cruel-and-unusual-punishment death-penalty due-process free-speech habeas-corpus intellectual-disability patent standing takings Whether the 8th and 14th Amendments prohibit the execution of a prisoner who was intellectually disabled at the time of the offense
19-5878 Darries Leon Jackson v. United States Sixth Circuit 2019-09-10 Denied Response WaivedIFP constitutional-reasonableness criminal-justice criminal-procedure cruel-and-unusual-punishment due-process equal-protection grand-jury ineffective-assistance-of-counsel racial-bias racial-discrimination sentencing sentencing-guidelines Whether sentences imposed upon Petitioner are unconstitutionally unreasonable or greater than necessary to satisfy the ends of justice
19-5898 Danny Howell v. Duane Southerland, et al. Tennessee 2019-09-10 Denied Response WaivedRelisted (2)IFP 14th-amendment civil-rights cruel-and-unusual-punishment due-process equal-protection habeas-corpus prison-conditions racial-discrimination standing Whether the court erred in denying petitioner's claim that the conditions of his confinement violated the Eighth Amendment of the U.S. Constitution
19-5877 Damion D. Faulkner v. United States Sixth Circuit 2019-09-09 Denied Response WaivedIFP criminal-sentencing cruel-and-unusual-punishment due-process eighth-amendment judicial-discretion proportionality proportionality-review sentencing sentencing-disparities sentencing-guidelines sentencing-reasonableness sex-offense sex-offenses substantive-due-process is-it-substantively-unreasonable-to-impose-an-effective-sentence-of-life
19-5839 Randall Wayne Mays v. Texas Texas 2019-09-05 Denied IFP competency cruel-and-unusual-punishment death-penalty delusions due-process eighth-amendment ford-hearing junk-science lay-stereotypes mental-competency mental-illness panetti-v-quarterman Whether a state court may rely on junk science and lay stereotypes of the severely mentally ill to adjudicate a Ford claim
19-298 Fernando Juarez v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-09-04 Denied criminal-procedure cruel-and-unusual-punishment de-facto-life-without-parole eighth-amendment ex-post-facto ex-post-facto-clause fourteenth-amendment habeas-corpus juvenile-sentencing miller-v-alabama sentencing-hearing sentencing-law Does an automatic life-without-parole sentence for juveniles violate the Eighth Amendment?
19-5800 Darren Denson v. Illinois Illinois 2019-09-04 Denied IFP access-to-courts appellate-review civil-rights constitutional-claims cruel-and-unusual-punishment due-process habeas-corpus ineffective-assistance-of-counsel judicial-misconduct judicial-procedure post-conviction-relief prosecutorial-misconduct witness-testimony Whether the Eighth Amendment's prohibition on cruel and unusual punishment was violated when the petitioner was denied access to legal materials and s…
19-5762 Stevrick Tavah Jackson v. Florida Florida 2019-08-30 Denied IFP constitutional-rights criminal-procedure cruel-and-unusual-punishment eighth-amendment habeas-corpus life-sentence parole sentencing twenty-one Whether the courts below decided an important federal question in a way that conflicts with the relevant decisions of this Honorable Court when they d…
19-264 Brandon Kelly, Superintendent, Oregon State Penitentiary v. Lydell Marcus White Oregon 2019-08-29 Dismissed Response RequestedRelisted (4) 8th-amendment constitutional-law criminal-procedure cruel-and-unusual-punishment eighth-amendment juvenile-offenders juvenile-sentencing mandatory-sentences miller-v-alabama non-mandatory-sentence non-mandatory-sentences Does the Eighth Amendment, under Miller v. Alabama, require invalidation of respondent's sentence?
19-5739 Duane Pope v. Scott R. Frakes, Director, Nebraska Department of Correctional Services Nebraska 2019-08-29 Denied Response WaivedIFP 14th-amendment 8th-amendment cruel-and-unusual-punishment double-jeopardy due-process ex-post-facto privileges-and-immunities separate-sovereigns separate-sovereigns-doctrine Does the 'separate sovereigns' doctrine permit multiple punishments that are exempted from the constitutional prohibitions against cruel and unusual p…
19-5750 Felix A. Okafor v. United States Fourth Circuit 2019-08-29 Denied Response WaivedIFP 18-usc-924(c)(1)(A) criminal-law cruel-and-unusual-punishment firearms-offense first-step-act sentencing statutory-interpretation Whether petitioner's 3167 month sentence imposed as a result of this court's misinterpretation of the stacking provisions of 18 U.S.C. 924(c)(1)(A) is…
19-5752 Jimmie Kyle Anderson v. Texas Texas 2019-08-29 Denied IFP 8th-amendment apprendi-rule cruel-and-unusual-punishment disproportionate-sentences eighth-amendment public-safety sentencing sex-offender-law sex-offenders Does the public safety interest in incapacitating and deterring certain types of sex offenders with extremely long sentences run afoul of the 8th Amen…
19-247 City of Boise, Idaho v. Robert Martin, et al. Ninth Circuit 2019-08-26 Denied Amici (20)Relisted (2) 8th-amendment civil-rights constitutional-law cruel-and-unusual-punishment eighth-amendment homeless-rights homelessness local-government-powers local-government-regulation public-camping public-health-and-safety Does the enforcement of generally applicable laws regulating public camping and sleeping constitute 'cruel and unusual punishment' prohibited by the E…
19-250 Oklahoma v. Jesse Allen Johnson Oklahoma 2019-08-26 GVR Response RequestedResponse WaivedRelisted (5) constitutional-rights criminal-procedure cruel-and-unusual-punishment eighth-amendment jury-factfinding jury-trial juvenile-sentencing life-without-parole miller-v-alabama montgomery-v-louisiana sixth-amendment Does the Sixth Amendment require that the individualized sentencing proceeding necessary to impose a life-without-parole sentence upon a juvenile homi…
19-5672 Gary Ray Bowles v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2019-08-22 Denied IFP 28-usc-2244 capital-punishment cruel-and-unusual-punishment death-penalty due-process eighth-amendment habeas-corpus intellectual-disability procedural-obstacles Whether a capital defendant's claim that the Eighth Amendment forbids his execution as he is intellectually disabled becomes viable upon the issuance …
19-5622 Cairo Lopez, Jr. v. United States Fifth Circuit 2019-08-16 Denied Response WaivedIFP 8th-amendment booker cruel-and-unusual-punishment due-process executive-power mandatory-minimum mandatory-minimum-sentences sentencing separation-of-powers standing Whether combining in the Executive Branch the power to charge and the power to control sentences in statutory mandatory minimum cases violates the Fif…
19-5587 In Re Levar Lee Spence 2019-08-15 Denied Relisted (2)IFP constitutional-violations cruel-and-unusual-punishment cruel-unusual-punishment due-process equal-protection false-imprisonment federal-courts federal-habeas-statute habeas-corpus judicial-review jurisdiction liberty-rights Whether the courts can refuse and/or feign review of habeas corpus claims asserting constitutional violations, would warrant habeas corpus relief?
19-195 Robert Ryan Snyder v. California California 2019-08-14 Denied 8th-amendment civil-rights cruel-and-unusual-punishment deprivation-of-necessities due-process eighth-amendment fourteenth-amendment judicial-deference lockdown lockdown-procedures prison-conditions retaliation Has California's justice system forgotten what was taught by this Court's holding in Wilson v. Seiter
19-5558 Frank Stephon Johnson v. Correct Care Solutions, et al. Fourth Circuit 2019-08-12 Denied Response WaivedIFP 14th-amendment 8th-amendment civil-rights constitutional-rights criminal-procedure cruel-and-unusual-punishment deliberate-indifference due-process eighth-amendment medical-care medical-conditions punishment Whether the defendants' deliberate indifference to the petitioner's serious medical needs violated the Eighth Amendment
19-5508 Carlin U. Powell v. Medical Department Cuyahoga County Correctional Center, et al. Sixth Circuit 2019-08-08 Denied Response WaivedIFP 14th-amendment 8th-amendment ableism ambleism cruel-and-unusual-punishment cruel-unusual-punishment deliberate-indifference eighth-amendment fourteenth-amendment interstate-agreement-on-detainers medical-neglect Did the Medical Department of Cuyahoga County Correctional Center et al. violate Carlin U. Powell's 8th and 14th Amendment rights by acting with delib…
19-5511 Robert Hill v. Dave Jassen, et al. Ninth Circuit 2019-08-08 Denied Response WaivedIFP access-to-courts appeals civil-procedure civil-rights constitutional-challenge cruel-and-unusual-punishment due-process federal-jurisdiction habeas-corpus incarceration judicial-review standing statutory-interpretation Whether the dismissal of a civil case by a district court for lack of jurisdiction over an incarcerated petitioner violates the Eighth Amendment's pro…
19-5519 Rubin R. Weeks v. Jason Lewis, Warden Eighth Circuit 2019-08-08 Dismissed Response WaivedRelisted (2)IFP civil-rights cruel-and-unusual-punishment due-process fundamental-rights habeas-corpus jurisdictional-defect liberty-interest parole-revocation state-court-review state-jurisdiction void-judgment Does Petitioner have the Fundamental Rights to be free from the Missouri State Court's void judgment that has him restrained of liberty?
19-5528 Robert Anthony Chester v. West Virginia West Virginia 2019-08-08 Denied Response WaivedIFP co-defendant co-defendants constitutional-proportionality criminal-sentencing cruel-and-unusual-punishment disparate-sentencing disproportionate-sentencing eighth-amendment equal-protection first-degree-robbery sentencing sentencing-disparity Was Petitioner's One Hundred Eighty Year Sentence For His Conviction Of Two Counts Of First Degree Robbery Disparate To The Twenty Year Sentence Impos…
19-5485 Justin James Thrasher v. Arizona Arizona 2019-08-06 Denied IFP arizona-supreme-court brown-v-plata brown-vs-board civil-procedure civil-rights constitutional-interpretation cruel-and-unusual-punishment due-process judicial-oversight prison-reform prisoner-rights standing supreme-court-precedent Whether the Arizona Supreme Court's decision violates the Supreme Court's holding in Brown v. Plata, 131 S. Ct. 1910 (2011)
19-5435 Steven Eason v. Mississippi Mississippi 2019-08-02 Denied Response WaivedIFP actual-innocence constitutional-rights criminal-procedure cruel-and-unusual-punishment double-jeopardy double-jeopardy-clause due-process jurisdiction sexual-battery subject-matter-jurisdiction Whether the defendant's constitutional rights against double jeopardy are violated when multiple identical sexual battery charges are brought based on…
19-5302 Bryant Keith Williams v. Mark S. Inch, Secretary, Florida Department of Corrections Florida 2019-07-26 Denied Relisted (2)IFP 14th-amendment 5th-amendment 8th-amendment appellate-review civil-procedure civil-rights constitutional-violations criminal-procedure cruel-and-unusual-punishment damages due-process free-speech habeas-corpus prosecutorial-misconduct standing Whether the State of Florida can impose a life sentence on an individual despite a jury's recommendation of a lesser sentence
19-5244 Larry David Davis v. Brian Daniel, et al. Eighth Circuit 2019-07-19 Denied IFP civil-rights confession-admissibility constitutional-rights criminal-procedure cruel-and-unusual-punishment due-process eighth-amendment equal-protection evidence-tampering habeas-corpus sentencing standing trial-fairness Whether the petitioner's conviction and sentence violate the Eighth Amendment's prohibition on cruel and unusual punishment
19-91 Michele Buckner, Warden v. Robert W. Allen Missouri 2019-07-18 Denied consecutive-sentences criminal-procedure cruel-and-unusual-punishment eighth-amendment habeas-corpus habeas-relief juvenile-offender juvenile-sentencing life-without-parole parole-eligibility Whether a State may sentence a juvenile offender convicted of multiple crimes to multiple consecutive terms of years in prison under which the offende…
19-5112 Rafael Jacob Stoffel v. Florida Florida 2019-07-09 Denied Response WaivedIFP constitutional-law cruel-and-unusual-punishment eighth-amendment juvenile-victim mandatory-minimum mandatory-minimum-sentence sentencing sentencing-guidelines sexual-assault sexual-offense sexual-offenses Whether a minimum mandatory sentence of twenty-five years' imprisonment imposed for the offense of touching a minor's breast violates the prohibition …
19-5060 Derrick Washington v. Carol A. Mici, Commissioner, Massachusetts Department of Correction First Circuit 2019-07-03 Denied Response WaivedIFP 14th-amendment 8th-amendment anti-terrorism anti-terrorism-act anti-terrorism-effective-death-penalty-act constitutional-review cruel-and-unusual-punishment death-penalty due-process habeas-corpus incarceration life-without-parole sentencing Is Congress' 1996 Anti-Terrorism Effective Death Penalty Act (AEDPA) unconstitutional, as it unnecessarily snuffs out convicted persons' abilities to …
19-5030 Michael D. Mathew v. Ohio Ohio 2019-07-01 Denied IFP civil-rights constitutional-rights criminal-law criminal-procedure cruel-and-unusual-punishment due-process eighth-amendment proportionality sentencing Whether the twenty-one year sentence imposed by the state trial court violated the Eighth Amendment ban on cruel and unusual punishments?
18-1585 Kassim M. Nagi v. Louisiana Louisiana 2019-06-27 GVR Response RequestedResponse WaivedRelisted (3) 8th-amendment controlled-substances cruel-and-unusual-punishment cruel-unusual-punishment eighth-amendment first-time-offender lockyer-v-andrade money-laundering proportionality proportionality-test racketeering sentencing solem-v-helm Whether a 90-year consecutive sentence for a 33-year-old first-time offender violates the Eighth Amendment's prohibition on cruel and unusual punishme…
18-1586 Scott Lynn Gibson, aka Vanessa Lynn v. Brian Collier, et al. Fifth Circuit 2019-06-27 Denied Response RequestedResponse WaivedRelisted (2) civil-rights cruel-and-unusual-punishment deliberate-indifference due-process eighth-amendment individualized-medical-evaluation life-threatening-medical-need life-threatening-need medical-treatment new-treatment prison-healthcare prisoner-rights transgender-rights universal-medical-acceptance Whether an Eighth Amendment claim for deliberate indifference to a prisoner's life-threatening medical need can be disposed of without any individuali…
18-1572 Matthew D. Priset v. Pennsylvania Third Circuit 2019-06-25 Denied Response RequestedResponse WaivedRelisted (2) 8th-amendment constitutional-law criminal-sentencing cruel-and-unusual-punishment cruel-unusual-punishment due-process eighth-amendment life-sentence mandatory-minimum mandatory-minimum-sentence mental-illness sentencing Does a mandatory minimum life sentence for one convicted under the guilty-but-mentally-ill designation constitute cruel and unusual punishment?
18-9761 John Givens v. Illinois Illinois 2019-06-24 Denied Response RequestedResponse WaivedRelisted (2)IFP constitutional-rights criminal-liability cruel-and-unusual-punishment due-process felony-murder irrebuttable-presumption mental-state proximate-cause third-party-liability Whether Illinois' proximate cause theory of liability for felony murder violates the Due Process Clauses and the Cruel and Unusual Punishment Clause
18-9757 Shanta G. Phillips-Berry v. Patricia Blackwell Scurlock, et al. Fifth Circuit 2019-06-21 Denied Response WaivedIFP civil-rights cruel-and-unusual-punishment due-process fraud kidnapping technology-abuse civil-procedure civil-rights constitutional-violation criminal-conspiracy cruel-and-unusual-punishment due-process human-rights implant-technology justice-system kidnapping standing Whether the district court erred in dismissing the petitioner's claims without a trial or hearing, in violation of the petitioner's civil rights and d…
18-9649 Boaz Pleasant-Bey v. Tennessee Department of Corrections, et al. Sixth Circuit 2019-06-13 Denied Response WaivedIFP civil-rights cruel-and-unusual-punishment due-process free-exercise halal-diet prison religious-freedom rluipa substantial-burden Whether RLUIPA prohibits the Defendants from placing a substantial burden upon Petitioner's religious exercise
18-9654 Carl Javan Ross v. United States Fourth Circuit 2019-06-13 Denied Response WaivedIFP 5th-amendment 6th-amendment civil-rights criminal-procedure cruel-and-unusual-punishment double-jeopardy due-process public-trial public-trial-rights self-incrimination speedy-trial Was the petitioner's 6th Amendment right to a speedy trial violated as well as public trial rights?
18-9634 Destyn David Frederick v. Bryan Collier, Executive Director, Texas Department of Criminal Justice, et al. Fifth Circuit 2019-06-12 Denied IFP appeal certificate-of-appealability constitutional-rights conviction criminal-conviction criminal-procedure cruel-and-unusual-punishment due-process habeas-corpus ineffective-assistance-of-counsel pro-se-challenge right-to-counsel sentencing Whether the United States District court and the Fifth Circuit court of appeals have denied Petitioner his rights to challenge the Government convicti…
18-9644 Jeffrey Castleberry v. Florida Florida 2019-06-12 Denied Response WaivedIFP ada americans-with-disabilities-act civil-rights constitutional-rights criminal-procedure cruel-and-unusual-punishment due-process judicial-discretion mental-disabilities mental-disability reasonable-accommodations retroactive-application sentencing state-courts Does the Americans with Disabilities Act (ADA) require State trial courts to make reasonable accommodations for persons with mental disabilities?
18-9568 Roderick Mullins v. Florida Florida 2019-06-07 Denied Response WaivedIFP 14th-amendment civil-rights criminal-sentencing cruel-and-unusual-punishment due-process imprisonment indefinite-imprisonment life-imprisonment life-sentence sentencing sentencing-scheme state-constitution Does the Florida 'Life Means Life' sentence scheme violate the State Constitution's ban on indefinite imprisonment and the 14th Amendment Due Process …
18-9576 Alvin Weekly v. United States Eighth Circuit 2019-06-06 Denied Response WaivedIFP actual-innocence blockburger-v-united-states cruel-and-unusual-punishment double-jeopardy eighth-amendment extraordinary-circumstances rule-60(b) rule-60b sentencing-review Does the Court of Appeals commit clear error when declining to hear a defendant's claim of serving an unlawful sentence in violation of the Constituti…
18-9549 Mauricio Lucas-Lopez v. Tony Trierweiler, Warden Sixth Circuit 2019-06-04 Denied Response WaivedIFP constitutional-law cruel-and-unusual-punishment disproportionate-sentence eighth-amendment federal-court-decisions federal-courts guidance-needed mandatory-minimum mandatory-minimum-sentence proportionality sentencing sentencing-guidelines Is petitioner's twenty-five year mandatory minimum sentence disproportionate to the offense committed violating the Eighth Amendment prohibition again…
18-1500 Jonsha Bell v. Mississippi Mississippi 2019-05-31 Denied Response RequestedResponse WaivedRelisted (2) cruel-and-unusual-punishment eighth-amendment graham-v-florida juvenile-offender juvenile-sentencing life-expectancy nonhomicide-offense sentencing sentencing-proportionality Does the Eighth Amendment forbid an aggregate sentence that exceeds the life expectancy of a juvenile nonhomicide offender?
18-9492 Valentin Spataru v. Rick Ramsay Florida 2019-05-31 Denied IFP 8th-amendment battery civil-liberties civil-rights constitutional-rights cruel-and-unusual-punishment detention due-process eighth-amendment intentional-infliction-of-emotional-distress law-enforcement-detention Whether ~30' transportation to jail in a law-enforcement hyperthermic, 'cooking' car is cruel and unusual punishment
18-9440 Earl Lee Dixie v. Kenneth Harrington, Warden Ninth Circuit 2019-05-29 Denied Response WaivedIFP cruel-and-unusual-punishment eighth-amendment ineffective-assistance ineffective-assistance-of-counsel intoxication-defense mental-health-defense mental-health-evidence specific-intent strickland-standard strickland-v-washington Whether Dixie's trial counsel was prejudicially ineffective for failing to present evidence that Dixie suffered from paranoid schizophrenia, which wou…
18-9396 Bobby Joe Long v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2019-05-23 Denied IFP 8th-amendment civil-rights cruel-and-unusual-punishment cruel-unusual-punishment death-penalty due-process eighth-amendment lethal-injection res-judicata section-1983 stay Whether the Eleventh Circuit Court of Appeals erred in holding that Mr. Long was not entitled to a stay because of inexcusable delay in bringing his l…
18-9361 Jordan Alexander Clemons v. Pennsylvania Pennsylvania 2019-05-21 Denied IFP affidavit appellate-procedure civil-rights court-access criminal-procedure cruel-and-unusual-punishment due-process eighth-amendment eighth-amendment-proportionality in-forma-pauperis indigence indigent-status juvenile-offenders juvenile-sentencing legal-representation life-imprisonment pro-bono Whether the Pennsylvania Supreme Court erred in rejecting petitioner's claim that his sentence of life imprisonment without parole for a crime committ…
18-9356 Robert Joe Long v. Mark S. Inch, Secretary, Florida Department of Corrections Florida 2019-05-20 Denied IFP constitutional-rights cruel-and-unusual-punishment death-penalty double-jeopardy due-process eighth-amendment eighth-amendment-jurisprudence evolving-standards-of-decency mental-illness Whether an individual who suffers from severe mental illness is exempt from execution under the Eighth Amendment and the evolving standards of decency…
18-9267 John Loveman Reese v. Florida Florida 2019-05-14 Denied IFP capital-sentencing cruel-and-unusual-punishment due-process eighth-amendment equal-protection jury-trial retroactivity Whether the Fourteenth Amendment's guarantee of Equal Protection and the Eighth Amendment's prohibition of capricious capital sentencing impose limits…
18-9274 William Lee Thompson v. Florida Florida 2019-05-14 Denied IFP capital-punishment capital-sentencing cruel-and-unusual-punishment due-process eighth-amendment equal-protection retroactivity sentencing-procedure teague-v-lane Whether the Fourteenth Amendment's guarantee of Equal Protection and the Eighth Amendment's prohibition of capricious capital sentencing impose limits…
18-9238 Reshaud Todd Brown v. Washington Washington 2019-05-10 Denied IFP cruel-and-unusual-punishment eighth-amendment habitual-offender habitual-offender-statute life-without-parole mandatory-sentencing proportionality-review sentencing sentencing-court youthful-adult youthful-offender Whether imposition of a mandatory sentence of life without parole under a habitual offender statute violates the Eighth Amendment prohibition against …
18-9156 Joseph Vincent Sisneros v. Eric Arnold, Warden Ninth Circuit 2019-05-08 Denied IFP civil-rights criminal-procedure cruel-and-unusual-punishment due-process habeas-corpus jury-instructions sentencing state-court-review Was the State Court and District Courts rulings based upon an unreasonable application of U.S. Supreme Court precedence, or contrary to U.S. Supreme C…
18-9186 Briand Williams v. California California 2019-05-08 Dismissed IFP ada ada-discrimination cruel-and-unusual-punishment discrimination due-process equal-protection fourteenth-amendment parole parole-consideration proposition-57 retroactive-credits sentencing time-credits Did the California Department of Corrections and Rehabilitation (CDCR) policies and procedures violate the Petitioner's U.S.C.A. 14 Amendment and the …
18-9144 Delbert Heard v. John R. Baldwin, Director, Illinois Department of Corrections, et al. Seventh Circuit 2019-05-06 Denied IFP 8th-amendment civil-rights constitutional-protection cruel-and-unusual-punishment due-process eighth-amendment excessive-force failure-to-protect inmate-safety prisoner-rights standing substantial-risk Whether the risk of inmate-on-inmate assault became sufficiently substantial to trigger 8th Amendment protections under Farmer v. Brennan, 511 U.S. 82…
18-9052 Neil Grenning v. James Key, Superintendent, Airway Heights Corrections Center, et al. Ninth Circuit 2019-05-01 Denied Response WaivedIFP civil-rights cruel-and-unusual-punishment due-process eighth-amendment institutional-lighting prison-conditions prisoner-rights sleep-deprivation writ-of-certiorari Should this Court grant writ of certiorari where lower courts have no guidance on what level of 24-hour lighting is appropriate in prisons so as not t…
18-8990 Raszell Reeder v. E. Wheldon, et al. Second Circuit 2019-04-25 Denied Response WaivedIFP civil-rights compensatory-damages constitutional-claims cruel-and-unusual-punishment due-process medical-care medical-neglect medical-records medical-treatment mental-health prisoner-healthcare Whether the courts erred in denying the petitioner's claims for compensatory damages for physical and mental trauma caused by the defendants' failure …
18-8983 Patrick Edwards v. United States Seventh Circuit 2019-04-24 Denied Response WaivedIFP criminal-law criminal-procedure cruel-and-unusual-punishment double-jeopardy due-process eighth-amendment fifth-amendment retroactivity sentencing statutory-interpretation Whether the Double Jeopardy Clause of the Fifth Amendment prohibits the imposition of a sentence for a specific offense that is greater than the maxim…
18-1298 Mario Dion Woodward v. Alabama Alabama 2019-04-15 Denied arbitrary-and-discriminatory cruel-and-unusual-punishment death-penalty eighth-amendment fourteenth-amendment judicial-override jury-sentencing repealed-statute sentencing sixth-amendment Does the imposition of a death sentence through judicial override under a now-repealed statute violate the constitutional guarantees implemented by th…
18-8704 Brandon Keith Alexander v. Texas Texas 2019-04-04 Denied IFP 8th-amendment constitutional-rights cruel-and-unusual-punishment eighth-amendment juvenile-offenders juvenile-sentencing non-homicide-offense non-homicide-offenses parole parole-eligibility sentencing Whether sentencing a juvenile non-homicide offender to 60 years without the possibility of parole violates the 8th Amendment, prohibition against crue…
18-1267 Angela Rene Leeman v. Arizona Arizona 2019-04-03 Denied Response RequestedResponse WaivedRelisted (2) civil-rights cruel-and-unusual-punishment eighth-amendment graham-v-florida juvenile-sentencing miller-v-alabama non-homicide-offenses parole-eligibility parole-restriction proportionality proportionality-review Whether consecutive sentences for non-homicide offenses that effectively result in life without parole for a juvenile offender violate the Eighth Amen…
18-8670 Demetrius Terrence Frazier v. Alabama Alabama 2019-04-02 Denied IFP capital-punishment capital-sentencing constitutional-interpretation cruel-and-unusual-punishment death-penalty death-penalty-sentencing due-process equal-protection judicial-fact-finding jury-fact-finding jury-sentencing jury-trial retroactive-rule retroactivity sixth-amendment Does Alabama's capital sentencing statute violate Hurst v. Florida?
18-1259 Brett Jones v. Mississippi Mississippi 2019-03-29 Judgment Issued Amici (14)Response RequestedResponse WaivedRelisted (4) criminal-procedure cruel-and-unusual-punishment eighth-amendment juvenile-sentencing life-without-parole permanent-incorrigibility sentencing-authority Whether the Eighth Amendment requires the sentencing authority to make a finding that a juvenile is permanently incorrigible before imposing a sentenc…
18-8611 Elicia Bailey v. Jeremy Gasaway Texas 2019-03-28 Denied IFP constitutional-challenge constitutional-law criminal-act criminal-procedure cruel-and-unusual-punishment due-process family-court family-law harsh-penalties subject-matter-jurisdiction Do family courts hold subject-matter jurisdiction to find guilt of a criminal act and subsequently impose harsh penalties without due process in a cri…
18-1249 Christopher Lee Price v. Jefferson S. Dunn, Commissioner, Alabama Department of Corrections, et al. Eleventh Circuit 2019-03-27 Denied compounding-pharmacy cruel-and-unusual-punishment eighth-amendment execution-protocol lethal-injection midazolam pentobarbital Whether an Alabama death row inmate has shown that pentobarbital is 'available' to the Alabama Department of Corrections for use in executions
18-8546 Gerald Delane Murray v. Florida Florida 2019-03-26 Denied IFP actual-innocence batson-v-kentucky batson-violation brady-violation civil-rights conflict-counsel constitutional-violations cruel-and-unusual-punishment due-process equal-protection ineffective-assistance ineffective-assistance-of-counsel jailhouse-informant post-conviction post-conviction-relief Whether the state court denied due process by failing to appoint conflict counsel when post-conviction counsel undermined petitioner's claims, and whe…
18-8550 Ernest M. Flowers v. Laura Uriarte, et al. Florida 2019-03-25 Denied IFP 8th-amendment civil-rights constitutional-rights cruel-and-unusual-punishment due-process habeas-corpus judicial-interpretation prosecutorial-misconduct sentencing trial-procedure Whether the petitioner was lawfully retained in the Florida Department of Corrections
18-8441 Gaetan Dinelle, aka Gates v. United States Second Circuit 2019-03-18 Denied Response RequestedResponse WaivedRelisted (2)IFP criminal-justice cruel-and-unusual-punishment disproportionate-sentence eighth-amendment first-time-offender marijuana-trafficking non-violent-offender non-violent-offense proportionality sentencing Whether a life-sentence for a non-violent, first-time offender, who trafficked in marijuana, is unreasonable, disproportionate, and amounts to cruel a…
18-8424 Keith Jenkins v. Darrel Vannoy, Warden Fifth Circuit 2019-03-13 Denied Response WaivedIFP constitutional-rights cruel-and-unusual-punishment cruel-unusual-punishment due-process excessive-punishment ineffective-assistance ineffective-assistance-of-counsel multiple-offender sentencing sentencing-guidelines Is the trial court in error by denying the motion to quash based on errors in the multiple offender charging, pleading and proof?
18-8343 Jose Luis Mattes Baez Carmona Lopez Cordero v. Connecticut Department of Correction, et al. Second Circuit 2019-03-08 Denied Response WaivedIFP constitution constitutional-law cruel-and-unusual-punishment due-process eighth-amendment equal-protection native-american-rights native-rights treaty-rights Did the lower court breach any treaties between the native Taino Indian tribe and the Government of the United States of America, pursuant to Article …
18-8295 Raymond Lumsden v. Texas Texas 2019-03-06 Denied IFP ake ake-v-oklahoma constitutional-rights cruel-and-unusual-punishment cumulative-error-doctrine dna-expert due-process effective-assistance-of-counsel eighth-amendment ineffective-assistance-of-counsel sixth-amendment strickland-v-washington Did the Court of Appeals commit err by affirming the trial court's erroneous denial of additional funds for the defense's DNA Expert to testify at tri…
18-8298 Jermaine Brazill v. Illinois Illinois 2019-03-06 Denied Response WaivedIFP age-of-offender cruel-and-unusual-punishment due-process due-process-rights eighth-amendment independent-inquiry juvenile-sentencing life-without-parole mental-health rehabilitation rehabilitative-potential young-age Whether the trial judge violated the Petitioner's due process rights by failing to conduct an independent inquiry into the Petitioner's fitness, and w…
18-8310 Azhar Lal v. B. G. Flores, et al. Ninth Circuit 2019-03-06 Denied Response WaivedIFP 8th-amendment civil-rights cruel-and-unusual-punishment damages deliberate-indifference due-process medical-treatment prisoner-rights standing Whether the prison doctor's deliberate failure to provide insulin treatment for a diabetic inmate's serious medical need amounts to cruel and unusual …
18-8253 Jamie Kenmont Kerien Brown v. Georgia Georgia 2019-03-04 Denied Response WaivedIFP civil-rights criminal-procedure cruel-and-unusual-punishment death-penalty due-process eighth-amendment equal-protection habeas-corpus intellectual-disability mental-health post-conviction-relief Whether the Eighth Amendment's prohibition on cruel and unusual punishment prohibits the execution of a prisoner who was intellectually disabled at th…
18-8196 Larry R. Tart v. Erik A. Hooks, Secretary, North Carolina Department of Public Safety Fourth Circuit 2019-02-28 Denied IFP cruel-and-unusual-punishment due-process eighth-amendment equal-protection forensic-evaluation ineffective-assistance-of-counsel medication medication-consent mental-health pretrial-detention solitary-confinement Where the petitioner was unknowingly administered multiple mental health medications while in pre-trial confinement, resulting in incompetence to unde…
18-7916 Jimmy Lee Wren v. Mississippi Mississippi 2019-02-12 Denied Response WaivedRelisted (2)IFP cruel-and-unusual-punishment due-process eighth-amendment equal-protection post-conviction-relief rule-11 rule-11-sanctions sanctions sentencing sentencing-hearing Whether the Mississippi Supreme Court erred in denying the petitioner's request to file a successive petition for post-conviction relief based on a ne…
18-7789 Ashley Richards v. Texas Texas 2019-02-07 Denied Response WaivedIFP criminal-sentencing cruel-and-unusual-punishment due-process eighth-amendment habeas-corpus retroactivity sentencing-enhancement state-jail-felony statutory-enhancement statutory-interpretation texas-court-of-criminal-appeals Whether the Eighth Amendment requires retroactive application of a court decision finding a sentencing enhancement inapplicable, thereby decreasing th…
18-7620 Emmanuel Adeyinka v. Harris County Jail, et al. Fifth Circuit 2019-01-31 Denied IFP civil-procedure civil-rights competency criminal-conviction cruel-and-unusual-punishment death-penalty due-process eighth-amendment eleventh-amendment immunity mental-illness monetary-damages personal-involvement rational-understanding section-1983 standing Whether the Eighth Amendment's prohibition on cruel and unusual punishment prohibits the execution of a prisoner who has a severe mental illness that …
18-7624 Mario Griffin v. Michael Clark, Superintendent, State Correctional Institution at Albion, et al. Third Circuit 2019-01-29 Denied IFP abuse-of-discretion apprendi-v-new-jersey apprendi-violation cruel-and-unusual-punishment due-process federal-law illegal-sentence ineffective-assistance ineffective-assistance-of-counsel judicial-discretion judicial-integrity manifest-injustice miscarriage-of-justice sentence-enhancement sentencing Does the sentence imposed constitute an illegal sentence under federal law and represent a manifest injustice calling in question the integrity of the…
18-7569 Paul William Scott v. Julie L. Jones, Secretary, Florida Department of Corrections Florida 2019-01-25 Denied IFP codefendant-comparison constitutional-proportionality cruel-and-unusual-punishment death-penalty due-process eighth-amendment equal-protection sentencing-disparity Whether Florida's refusal to consider the disparity between the 15-year prison term of his equal or more culpable codefendant and Scott's death senten…
18-7547 Michael Joseph Mulder v. Nevada Nevada 2019-01-24 Denied IFP competency cruel-and-unusual-punishment death-penalty dementia eighth-amendment intellectual-disability memory-loss Whether the Eighth Amendment categorically excludes from the death penalty an individual who, because of a stroke that caused dementia, is functionall…
18-7533 Shawn Canada v. Eddie Miles, Warden Eighth Circuit 2019-01-23 Denied IFP civil-rights confrontation-clause cruel-and-unusual-punishment double-jeopardy due-process habeas-corpus ineffective-assistance plea-bargaining sentencing Did Canada receive effective assistance of counsel?
18-7467 Phillip E. LaPointe v. Illinois Illinois 2019-01-17 Denied Response WaivedIFP 8th-amendment atkins-precedent atkins-v-virginia brain-development criminal-punishment cruel-and-unusual-punishment eighth-amendment juvenile-justice juvenile-sentencing life-without-parole sentencing Does this Court's 8th Amendment protections extend to a just turned eighteen year old who received life without parole, where the evidence shows he wa…
18-7391 Gadiel Romero v. United States First Circuit 2019-01-14 Denied Response WaivedIFP 8th-amendment cruel-and-unusual-punishment eighth-amendment kidnapping kidnapping-offense offense-level ransom-demand sentencing-enhancement sentencing-guidelines Is it proper to apply a 6-level increase for a ransom demand in a kidnapping offense when not communicated?
18-7382 Jervon L. Herbin v. Virginia Virginia 2019-01-11 Denied IFP constitutional-rights criminal-procedure cruel-and-unusual-punishment due-process equal-protection ex-post-facto habeas-corpus ineffective-assistance ineffective-assistance-of-counsel retroactive-application retroactivity sentencing sixth-amendment structural-defect Did the Lower Court(s) Err in refusing to grant retroactive application to Fishback v. Commonwealth?
18-7365 Robert Allen DeVore v. Brandon Kelly, Superintendent, Oregon State Penitentiary Oregon 2019-01-10 Denied Response WaivedIFP 8th-amendment consecutive-sentences constitutional-law criminal-procedure cruel-and-unusual-punishment cruel-unusual-punishment due-process eighth-amendment habeas-corpus minimum-sentences sentencing Does the combined sentence totaling of 495 years with a 247% year minimum violate the Eighth Amendment against cruel and unusual punishment?
18-7332 James Dellinger v. Tennessee Tennessee 2019-01-09 Denied IFP atkins-claim atkins-v-virginia civil-rights constitutional-prohibition cruel-and-unusual-punishment death-penalty due-process eighth-amendment intellectual-disability moore-v-texas procedural-vehicle roper-v-simmons Whether a state may thwart the constitutional prohibition against execution of the intellectually disabled by failing to provide a procedural vehicle …
18-7295 Earnest Barnes v. Florida Florida 2019-01-08 Denied Response WaivedIFP cruel-and-unusual-punishment eighth-amendment graham-v-florida juvenile-sentencing life-imprisonment miller-v-alabama National-Consensus parole scientific-evidence Whether the Eighth Amendment's protection established in Graham and Miller should be expanded beyond age cutoff at eighteen to prohibit mandatory life…
18-852 Anne L. Precythe v. Ernest Johnson Eighth Circuit 2019-01-04 GVR administrative-procedure cruel-and-unusual-punishment death-penalty eighth-amendment execution-method feasible-alternative glossip-v-gross method-of-execution nitrogen-gas pentobarbital pleading-requirements Whether an inmate who demands an alternative method of execution must plead facts detailing the procedure by which his proposed alternative method of …
18-7224 Jose Alejandro Acuna Valenzuela v. Arizona Arizona 2019-01-03 Denied IFP constitutional-rights cruel-and-unusual-punishment due-process fair-trial heightened-reliability impartial-jury juror-bias jury-selection motion-to-vacate prosecutorial-misconduct Whether the trial court violated Mr. Acuna's constitutional rights to a fair and impartial jury, to due process, to heightened reliability, and to be …
18-793 Marion Quinton Brewster v. United States Fourth Circuit 2018-12-20 Denied Response WaivedRelisted (2) armed-career-criminal-act cruel-and-unusual-punishment cruel-unusual-punishment different-occasions legislative-intent sentencing statutory-interpretation vagueness Whether the interpretation of the Armed Career Criminal Act's 'different occasions' provision has become overly broad and vague as to constitute cruel…
18-7119 Stanley Grigsby v. Louisiana Louisiana 2018-12-19 Denied Response WaivedIFP appellate-review criminal-justice criminal-procedure cruel-and-unusual-punishment due-process excessive-sentence judicial-error jurisdiction louisiana-law sentencing sentencing-review subject-matter-jurisdiction Whether the Louisiana Court's have erred in determining that the sentence was not excessive?
18-7073 Todd James Luh v. Fulton State Hospital, et al. Eighth Circuit 2018-12-18 Dismissed Response WaivedIFP civil-rights constitutional-rights cruel-and-unusual-punishment disability-discrimination discovery due-process institutional-misconduct involuntary-commitment medical-abuse medical-records retaliation veterans-rights Does it serve justice to dismiss my claims when it is clear that testimony will be presented at trial that the defendants have assaulted me themselves…
18-7034 Shawn Sadik v. Pennsylvania Pennsylvania 2018-12-14 Denied Response WaivedIFP 8th-amendment criminal-sentencing cruel-and-unusual-punishment culpability death-penalty developmental-disability eighth-amendment intellectual-disability life-without-parole mandatory-life-imprisonment mandatory-sentencing parole Does the Eighth Amendment bar individuals with intellectual-and-developmental-disabilities from receiving mandatory-life-imprisonment-without-parole s…
18-6906 David E. Miller v. Tony Parker, Commissioner, Tennessee Department of Correction, et al. Sixth Circuit 2018-12-03 Denied IFP coercion cruel-and-unusual-punishment death-penalty eighth-amendment ex-post-facto execution-method lethal-injection waiver waiver-of-rights When an inmate alleges that both his original and later-imposed punishments for the same crime violate the Eighth Amendment but the later-imposed puni…
18-6890 In Re Joseph C. Garcia 2018-11-30 Denied IFP actual-innocence capital-punishment cruel-and-unusual-punishment death-penalty death-row eighth-amendment eighth-amendment-cruel-and-unusual-punishment fourteenth-amendment fourteenth-amendment-due-process psychological-stress Whether Joseph Garcia's extended stay on Texas' death row for nearly 16 years has resulted in his suffering additional severe psychological stress tha…
18-6891 Joseph C. Garcia v. Texas Texas 2018-11-30 Denied IFP 8th-amendment capital-punishment civil-rights criminal-intent cruel-and-unusual-punishment culpability death-penalty due-process eighth-amendment intent-to-kill mens-rea non-triggerman state-execution Whether the Eighth Amendment now forbids a State from executing a person when there is no evidence that he killed or intended to kill another person
18-6869 Mario Andrette McNeill v. North Carolina North Carolina 2018-11-29 Denied IFP capital-defendant capital-defendant-instructions capital-punishment counsel counsel-decision-making cruel-and-unusual-punishment eighth-amendment mitigating-evidence right-to-counsel sixth-amendment Whether the Sixth Amendment right to counsel and the Eighth Amendment prohibition on cruel and unusual punishment allow a state to give binding force …
18-6877 Richard Earl Shere, Jr. v. Florida Florida 2018-11-29 Denied IFP capital-sentencing cruel-and-unusual-punishment due-process eighth-amendment equal-protection fourteenth-amendment jury-trial-rights retroactivity Whether the Fourteenth Amendment's guarantee of Equal Protection and the Eighth Amendment's prohibition of capricious capital sentencing impose limits…
18-6776 Duane Eugene Owen v. Florida Florida 2018-11-21 Denied IFP capital-punishment capital-sentencing cruel-and-unusual-punishment due-process eighth-amendment equal-protection jury-trial retroactivity state-court Whether the Fourteenth Amendment's guarantee of Equal Protection and the Eighth Amendment's prohibition of capricious capital sentencing impose limits…
18-6554 Walter Collins v. Tennessee Tennessee 2018-11-02 Denied Response WaivedIFP constitutional-rights cruel-and-unusual-punishment eighth-amendment fourteenth-amendment juvenile-sentencing life-sentence mandatory-life-sentence opportunity-for-release reasonable-opportunity-for-release Whether a mandatory life sentence for a crime committed by a juvenile that does not allow him a reasonable opportunity for release violates the prohib…
18-6530 Edmund Zagorski v. Bill Haslam, Governor of Tennessee, et al. Sixth Circuit 2018-11-01 Denied IFP constitutional-protections constitutional-rights cruel-and-unusual-punishment death-penalty death-penalty-challenges due-process involuntary-waiver method-of-execution procedural-technicalities state-secrecy stewart-v-lagrand Did Glossip v. Gross modify centuries-old jurisprudence prohibiting involuntary waiver of constitutional protections in the context of method of execu…
18-6520 Jesus L. Arnett v. Patrick Covello, Acting Warden Ninth Circuit 2018-10-31 Denied IFP certificate-of-appealability constitutional-rights cruel-and-unusual-punishment due-process false-conviction forged-bills ineffective-assistance-of-counsel probable-cause sentencing speedy-trial speedy-trial-rights structural-error Should Petitioner be granted a Certificate of Appealability
18-6528 Shaheen Cabbagestalk v. Bryan P. Sterling, et al. Fourth Circuit 2018-10-31 Denied IFP civil-procedure civil-rights cruel-and-unusual-punishment due-process equal-protection free-speech habeas-corpus standing takings Whether the courts properly addressed the petitioner's claims regarding his constitutional rights and the danger he faced?
18-6458 Eddie Williams, Jr. v. Tennessee Tennessee 2018-10-26 Denied IFP 14th-amendment 8th-amendment civil-procedure civil-rights cruel-and-unusual-punishment due-process free-speech standing state-action takings Whether the Tennessee Supreme Court erred in determining that the petitioner's claims under the Eighth and Fourteenth Amendments of the U.S. Constitut…
18-6433 Robert Norman Smithback v. Texas Texas 2018-10-25 Denied IFP 8th-amendment civil-rights civil-rights,due-process,standing,civil-procedure, constitutional-guarantees cruel-and-unusual-punishment due-process equal-protection farmer-v-brennan prison-conditions prisoner-rights supreme-court-precedent Whether Texas jurisprudence enforces constitutional guarantees, especially the Supreme Court's Farmer v. Brennan decision
18-6367 Joel Carter v. Jamie Ayala, et al. Sixth Circuit 2018-10-17 Denied Response WaivedIFP civil-rights constitutional-law cruel-and-unusual-punishment deliberate-indifference due-process eighth-amendment medical-services medical-treatment precedent prisoner-rights summary-judgment Did the lower court err in granting summary judgment in favor of Respondents on Petitioner's Eighth Amendment deliberate indifference claim, by issuin…
18-6315 David Ivy v. Tennessee Tennessee 2018-10-16 Denied IFP atkins-claim atkins-v-virginia constitutional-prohibition cruel-and-unusual-punishment death-penalty due-process eighth-amendment intellectual-disability moore-v-texas procedural-mechanism roper-v-simmons state-procedure Where this Court has declared, States may not execute anyone in the entire category of [intellectually disabled] offenders. Moore v. Texas, 137 S. Ct.…
18-6335 George Jenkins v. United States Eleventh Circuit 2018-10-16 Denied Response WaivedIFP criminal-procedure cruel-and-unusual-punishment drug-offense due-process first-time-offender non-violent-crime proportionality reasonableness-review sentencing-discretion sentencing-guidelines Whether the sentence imposed is unreasonable
18-6289 Bruce L. Small v. Florida Florida 2018-10-12 Dismissed IFP and justice from incarceration civil-rights due-process ex-post-facto incarceration justice liberty civil-rights constitutional-rights criminal-sentencing cruel-and-unusual-punishment due-process equal-protection ex-post-facto ex-post-facto-law incarceration justice-system legal-application sentencing Whether the retroactive application of an ex post facto law that enhances a criminal sentence violates the constitutional rights to freedom, liberty, …
18-6294 Steven Anthony Walcott, Jr. v. Terrebonne Parish Jail Medical Department, et al. Fifth Circuit 2018-10-11 Denied Relisted (2)IFP civil-rights constitutional-rights cruel-and-unusual-punishment deliberate-indifference due-process exhaustion-of-remedies frivolous-claims medical-conditions medical-treatment prison-conditions standing Whether the petitioners allege serious medical conditions
18-6238 Edmund Zagorski v. Tony Parker, Commissioner, Tennessee Department of Corrections, et al. Tennessee 2018-10-09 Denied IFP constitutional-rights cruel-and-unusual-punishment cruel-unusual-punishment due-process eighth-amendment execution-methods execution-protocol feasible-alternative fourteenth-amendment lethal-injection state-secrecy Where the credited, credible, and unassailable evidence at trial proves with certainty that a lethal injection protocol will inflict severe pain and m…
18-6220 Anthony Quentin Kelly v. Frank Bishop, Warden, et al. Fourth Circuit 2018-10-04 Denied IFP 8th-amendment access access-to-courts civil-rights cruel-and-unusual-punishment due-process food-and-water liberty Whether the short period of being held without trial and the deprivations of liberty, food, drinking water, and access to the outdoors violate the Eig…
18-6223 Martin Jonassen v. United States, et al. Ninth Circuit 2018-10-04 Dismissed Response WaivedIFP 8th-amendment administrative-procedure cell-conditions civil-rights constitutional-rights cruel-and-unusual-punishment due-process facility-design habeas-corpus inmate-safety prison-conditions prison-overcrowding standing Whether the 5th Circuit erred in affirming the District Court's dismissal without a hearing and denial of petitioner's requests for injunctive and dec…
18-6201 Nicholas DeAngelis v. Bruce Plumley, Warden Fifth Circuit 2018-10-03 Denied Response WaivedIFP 28-usc-2244 28-usc-2255 actual-innocence cruel-and-unusual-punishment due-process eighth-amendment equal-protection federal-habeas federal-prisoners habeas-corpus procedural-bar procedural-bars time-limits whether-federal-prisoners-have-the-same-gateway-for-actual-innocence-as-state-prisoners
18-6167 Ronald Wayne Clark, Jr. v. Florida Florida 2018-10-02 Denied IFP capital-case capital-case,eighth-amendment,cruel-and-unusual-pu capital-punishment codefendant-culpability codefendants cruel-and-unusual-punishment cruel-unusual-punishment death-penalty death-sentence eighth-amendment proportionality-review reliability-of-death-sentence Whether an assessment of the relative culpability of codefendants in a capital case in Florida is required pursuant to the Eighth Amendment in order t…
18-6058 Donald Lee Reeves, III v. California California 2018-09-24 Denied Response WaivedIFP cruel-and-unusual-punishment due-process fair-trial felony-murder insufficient-evidence intent robbery special-circumstance Whether petitioner's due process right to a fair trial was violated
18-6027 Hayden Beaulieu v. Arizona Arizona 2018-09-18 Denied IFP 8th-amendment cruel-and-unusual-punishment due-process eighth-amendment extradition juvenile-justice plea-deal prosecutorial-discretion sentencing transfer-hearing Is it permissible under the 8th amendment to impose an adult sentence on a minor for a non-dangerous, non-repetitive offense?
18-5996 Gene Lemay Barris v. United States Eighth Circuit 2018-09-14 Denied Response WaivedIFP appeal criminal-procedure cruel-and-unusual-punishment due-process eighth-amendment fifth-amendment habeas-corpus ineffective-assistance-of-counsel sentencing unreasonable-sentence Whether the sentencing court erred in imposing an unreasonable sentence on the defendant in violation of the Eighth Amendment's prohibition on cruel a…
18-5970 Allen D. Gorion v. United States Ninth Circuit 2018-09-13 Denied Response WaivedIFP abuse-of-discretion appellate-review criminal-sentencing cruel-and-unusual-punishment due-process federal-sentencing judicial-discretion reasonableness reasonableness-standard sentencing-discretion sentencing-guidelines sentencing-reform Whether certiorari should be granted to set forth some guidelines in determining when a sentence is unreasonable?
18-5958 Kevin Wilmot v. Florida Florida 2018-09-12 Denied IFP access-to-courts civil-rights cruel-and-unusual-punishment due-process equal-protection ineffective-assistance-of-counsel sentencing Can the State of Florida Violate State and Federal Constitutional Amendments and Provisions That Are Guaranteed Because the Prisoner is Poor and Canno…
18-5861 Danny Lopez Chavez v. Joel Martinez, Warden Ninth Circuit 2018-08-31 Denied Response WaivedIFP civil-rights constitutional-law constitutional-rights criminal-law cruel-and-unusual-punishment due-process eighth-amendment proportionality sentencing Whether appellant's sentence is grossly disproportionate to the crimes of conviction
18-5848 Darrell Darcell Darby v. Texas Texas 2018-08-30 Denied IFP civil-procedure civil-rights constitutional criminal-appeals cruel-and-unusual-punishment due-process prison-conditions search-and-seizure sentencing standing takings Whether the petitioner's constitutional rights under the Fourth and Eighth Amendments were violated
18-5764 Richard Joseph Crane v. Ralph Diaz, Acting Secretary, California Department of Corrections and Rehabilitation Ninth Circuit 2018-08-24 Denied IFP civil-rights constitutional-interpretation criminal-sentencing cruel-and-unusual-punishment due-process ex-post-facto habeas-corpus life-sentence parole parole-consideration sentencing supreme-court-precedent Whether the Supreme Court intended for the opinion of California Department of Corrections v. Morales (1995) and Garner v. Jones (2000) to apply to in…
18-5714 Jose A. Rivera-Quinones v. Pennsylvania Third Circuit 2018-08-23 Denied IFP abuse-of-process confrontation-clause constitutional-rights criminal-procedure cruel-and-unusual-punishment double-jeopardy due-process fourteenth-amendment prejudicial-evidence sentencing sixth-amendment subject-matter-jurisdiction Whether a trial court can possess subject matter jurisdiction on a criminal offense not charged within the indictment/criminal information
18-5698 Devonte Brown v. Ohio Ohio 2018-08-22 Denied Response WaivedIFP 8th-amendment cruel-and-unusual-punishment due-process eighth-amendment irreparable-corruption juvenile-justice juvenile-sentencing life-without-parole miller-v-alabama montgomery-v-louisiana sentencing Whether this Court's precedent requires a trial court's record to reflect specific consideration of irreparable corruption before sentencing the child…
18-217 Randall Mathena, Warden v. Lee Boyd Malvo Fourth Circuit 2018-08-20 Granted Amici (13)Relisted (9) collateral-review constitutional-law constitutional-rule criminal-procedure cruel-and-unusual-punishment eighth-amendment juvenile-offenders juvenile-sentencing montgomery-v-louisiana retroactivity substantive-rule supreme-court-precedent teague-v-lane Whether the Fourth Circuit erred in concluding that Montgomery v. Louisiana modified and expanded the rule announced in Miller v. Alabama
18-5652 Glen Springer v. Benjamin Dale Caple, et al. Eighth Circuit 2018-08-20 Denied IFP 8th-amendment civil-rights cruel-and-unusual-punishment deliberate-indifference due-process eighth-amendment medical-care medical-needs prison-conditions Did Phish Suffer An Eighth Amendment Violation?
18-5669 Peter Cruz v. Massachusetts Massachusetts 2018-08-20 Denied Response WaivedIFP constitutional-law constitutional-rights criminal-procedure cruel-and-unusual-punishment due-process due-process,fifth-amendment,fourteenth-amendment,s fifth-amendment fourteenth-amendment life-without-parole massachusetts-law sentencing Whether the petitioner can be punished with life without parole when not charged, tried, or convicted of first-degree murder
18-171 Robert R. Snyder v. California Department of Corrections and Rehabilitation, et al. Ninth Circuit 2018-08-08 Denied 42-usc-1983 civil-rights color-of-state-law constitutional-rights Cruel-and-unusual-punishment Due-process Eighth-amendment First-amendment immunity law-library-access Preliminary-injunction prisoner-rights retaliation section-1983 Does a person or entity have immunity from prosecution under 42 U.S.C. § 1983 when rights secured by the U.S. Constitution have been violated by said …
18-5495 In Re Billy Ray Irick 2018-08-07 Denied Amici (1)IFP cruel-and-unusual-punishment cruel-unusual-punishment death-penalty eighth-amendment evolving-standards-of-decency fourteenth-amendment mental-illness personal-culpability sentencing Whether the imposition of the death penalty on a person who was severely mentally ill at the time of the offense constitutes cruel and unusual punishm…
18-5466 Lawrence E. Wilson v. Ohio Ohio 2018-08-06 Denied Response WaivedIFP criminal-procedure cruel-and-unusual-punishment due-process eighth-amendment nunc-pro-tunc open-court right-to-counsel sentencing sentencing-requirements sixth-amendment void Whether a trial court's failure to comply with statutory requirements when imposing a sentence renders the attempted sentence void
18-5425 Jose Joaquin Ramirez v. Joseph Aponte, et al. New York 2018-08-02 Denied Relisted (2)IFP access-to-courts civil-liberties civil-rights constitutional-rights cruel-and-unusual cruel-and-unusual-punishment due-process equal-protection habeas-corpus involuntary-commitment mental-health mental-health-detention standing Whether the New Mexico state bail law as applied ($30.42) to a bill of rights violation, purposely keeping a recluse out of the court process in viola…
18-5408 Norberto Serna v. California California 2018-07-31 Denied Response WaivedIFP bodily-harm criminal-law cruel-and-unusual-punishment due-process eighth-amendment equal-protection extortion kidnapping sentencing sentencing-disparity Whether California violates the Equal Protection Clause and Eighth Amendment by imposing a harsher maximum sentence on kidnapper-extortionists than on…
18-5387 John Garrett Smith v. Washington Washington 2018-07-30 Denied IFP brady-violations civil-rights cruel-and-unusual-punishment due-process equal-protection habeas-corpus malicious-prosecution standing Can a state constitutionally fail to hear a meritorious claim because state hostility precludes procedural justice?
18-5346 Roger Wilson v. United States Third Circuit 2018-07-25 Denied Response WaivedIFP civil-procedure civil-rights cruel-and-unusual-punishment due-process eighth-amendment equal-protection excessive-bail free-speech pretrial-detention speedy-trial standing Whether the Eighth Amendment's prohibition on excessive bail and cruel and unusual punishment was violated when the petitioner was detained for 10 mon…
18-5327 Adib Eddie Ramez Makdessi v. Lieutenant Fields, et al. Fourth Circuit 2018-07-24 Denied Response WaivedRelisted (2)IFP civil-procedure civil-rights criminal-procedure cruel-and-unusual-punishment deliberate-indifference deliberate-misconduct due-process evidence-suppression excessive-force federal-courts fourth-circuit judicial-conflict retaliation standing takings witness-tampering Whether the Fourth Circuit's conflicting rulings overlooked key evidence and were in conflict with Supreme Court precedent in Farmer v. Brennan
18-5330 Gregory Alan Kokal v. Julie L. Jones, Secretary, Florida Department of Corrections Florida 2018-07-24 Denied IFP capital-case capital-case,eighth-amendment,cruel-and-unusual-pu capital-punishment codefendant-culpability codefendants cruel-and-unusual-punishment culpability death-sentence eighth-amendment proportionality-review Whether an assessment of the relative culpability of codefendants in a capital case in Florida is required pursuant to the Eighth Amendment in order t…
18-104 Robert Philip Tuerk v. The Disciplinary Board of the Supreme Court of Pennsylvania Pennsylvania 2018-07-23 Denied Response WaivedRelisted (2) attorney-disbarment attorney-discipline constitutional-rights cruel-and-unusual-punishment due-process equal-protection freedom-of-travel freedom-to-travel prior-restraint reciprocal-discipline Whether reciprocal upon reciprocal discipline of disbarment of an attorney by his home state that originally disciplined him for one (1) year and a da…
18-5276 William Clark v. United States District of Columbia 2018-07-19 Denied Response WaivedIFP age-of-majority age-of-maturity brain-development criminal-procedure cruel-and-unusual-punishment eighth-amendment equal-protection juvenile-justice montgomery-line sentencing sentencing-considerations Whether the Montgomery Line of decisions apply to those under 18-years-old?
18-81 Carltez Taylor v. Indiana Indiana 2018-07-19 Denied constitutional-proportionality cruel-and-unusual-punishment eighth-amendment juvenile-sentencing life-expectancy life-without-parole miller-v-alabama sentencing-discretion term-of-years Whether it is cruel and unusual punishment to sentence a juvenile to a term exceeding their life expectancy for a single offense
18-5246 Warren Darrell Rivers v. Texas Texas 2018-07-17 Denied IFP capital-punishment capital-punishment-sentencing cruel-and-unusual-punishment due-process eighth-amendment fourteenth-amendment individualized-sentencing sentencing sentencing-determination Whether prosecution evidence that a capital defendant has been sentenced to death once before in the same case impermissibly undermines the sentencing…
18-5239 Deshawn T. Terrell v. Ohio Ohio 2018-07-16 Denied Amici (1)IFP cruel-and-unusual-punishment eighth-amendment felony-murder fourteenth-amendment juvenile-sentencing mandatory-minimums mandatory-sentencing miller-graham-precedent Does the mandatory sentencing provision for the offense of felony murder under Ohio Revised Code § 2929.02(B)(1) violate the Eighth and Fourteenth Ame…
18-5179 Ronnie Johnson v. Florida Florida 2018-07-09 Denied IFP 6th-amendment 8th-amendment cruel-and-unusual-punishment death-penalty due-process equal-protection hurst-v-florida jury-trial retroactivity ring-v-arizona Whether the retroactive application of Hurst v. Florida was unconstitutionally limited
18-5066 Edward Vincent Ray v. California California 2018-07-06 Denied Response WaivedIFP constitutional-challenge criminal-statute cruel-and-unusual-punishment due-process equal-protection gender-bias ineffective-assistance-of-counsel legal-interpretation overbreadth sentencing-disparities vagueness-doctrine Whether Petitioner's sentence of 36 years violates equal protection due to disparities in California sentences for female and male offenders for the s…
24A498 Carey Grayson v. John Q. Hamm, Commissioner, Alabama Department of Corrections, et al. Eleventh Circuit Denied capital-punishment conscious-suffocation cruel-and-unusual-punishment eighth-amendment execution-method nitrogen-hypoxia Whether the Eighth Amendment prohibits executing a prisoner via nitrogen hypoxia in a manner that potentially causes conscious suffocation and superad…