Jury-Instructions

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Case Title Lower Court Docketed Status Flags Tags Question Presented
25A903 Nima Moradi v. Florida Florida 2026-02-09 Application deadly-force ineffective-assistance jury-instructions prejudice-prong self-defense strickland-standard Question not identified.
25-6362 Dan Ioan Belc v. Florida Florida 2025-12-15 Denied Response WaivedIFP confrontation-rights due-process ineffective-counsel jury-instructions prosecutorial-misconduct trial-court-discretion Six (6) District Anems of Prosecution Misconduct Alleged [Cumulative Effect Amount to Fundamentally Undermine Possibility of Getting a Fair Trial in W…
25-597 Donatus Iriele v. United States Eleventh Circuit 2025-11-21 Denied Response Waived constitutional-rights criminal-procedure drug-statute jury-instructions reasonable-doubt subjective-knowledge Donatus Iriele was indicted for violations of 21 U.S.C. § 841(a) based on a superseding indictment that failed to allege a knowing violation of the st…
25-6161 James Capers v. United States Second Circuit 2025-11-19 Denied Response WaivedIFP alleyne-standard apprendi-rule constitutional-challenge criminal-procedure jury-instructions sentencing-enhancement 1) In regards to 21 U.S.C. §846, to be in accordance with both Apprendi and Alleyne , to punish as 21 U.S.C. §841(b)(1)(A) (10 to life), must the ju…
25-524 Cedric Ray Jones v. United States Fifth Circuit 2025-10-30 Pending circuit-split criminal-procedure due-process harmless-error jury-instructions structural-error I. Does a district court's failure to instruct a jury in open court result in structural error, automatically producing a violation of a defendant's s…
25-515 Michael Kail v. United States Ninth Circuit 2025-10-27 Denied Response Waived circuit-split fiduciary-duty honest-services-fraud jury-instructions kickback-scheme statutory-interpretation In Skilling v. United States, 561 U.S. 358 (2010), this Court held that 18 U.S.C. § 1346 covered only bribery and kickback schemes, expressly excludin…
25-5765 Markeisha Elliott v. Shannon Olds, Warden Sixth Circuit 2025-09-30 Denied IFP certificate-of-appealability due-process habeas-corpus ineffective-assistance jury-instructions sixth-amendment (l)(a) Whether the Sixth Circuit erred by denying a COA on the merits instead of deciding the "threshold inquiry" of whether a Petitioner has raised …
25-310 J.A. Masters Investments, et al. v. Eduardo Beltramini Fifth Circuit 2025-09-17 Denied diversity-jurisdiction due-process erie-doctrine force-majeure impossibility-defense jury-instructions 1. Whether a federal court sitting in diversity may deny a party the right to present the equitable defense of impossibility to the jury—despite unc…
25-294 Juan Carlos Sandoval-Rodriguez v. United States Fourth Circuit 2025-09-15 Denied Response Waived constitutional-law criminal-procedure due-process jury-instructions reasonable-doubt sixth-amendment Whether trial judges must define "reasonable doubt" for the jury upon the defendant's request.
25-5600 In Re Lonnie W. Hubbard 2025-09-10 Denied IFP appellate-review controlled-substances criminal-law federal-indictment jury-instructions mens-rea I. Whether the jury instructions informed the jury, as a matter of law, of the "knowingly or intentionally" mens rea of the 21 U.S.C. § 841(a)(1) coun…
25-5579 Kevin Marvell Jackson v. United States Tenth Circuit 2025-09-08 Denied Response WaivedIFP criminal-trial due-process fifth-amendment judicial-coercion jury-instructions sixth-amendment Whether the district violate d petitioner's Fifth and Sixth Amendment rights to due process and a fair trial by issuing repeated instructions that for…
25-5429 Anthony Brian Walker v. United States Tenth Circuit 2025-08-21 Denied Response WaivedIFP affirmative-defense criminal-procedure jury-instructions self-defense sua-sponte substantial-evidence 1. In a criminal prosecution, when an affirmative defense—such as imperfect self-defense—is supported by substantial evidence, does the trial court ha…
25A204 Jairo Arnaldo Jacome v. United States Fourth Circuit 2025-08-20 Presumed Complete criminal-procedure fourth-circuit jury-instructions plain-error rico-conspiracy substantial-rights Whether a variance between oral and written jury instructions constitutes reversible error when the parties were aware of the discrepancy but did not …
25-5396 Gregory K. Parks v. Jamie Bullard, Warden Fourth Circuit 2025-08-19 Denied IFP constitutional-rights criminal-procedure due-process ineffective-assistance jury-instructions trial-counsel t^VA - jo pAVcrA "Me GovemmenA anl Me flnieA rr)en~f n^M"J, cinooSe. 4t> use leyA glSl&inct. 4o comply unM lU Rr$A rfme^AmenV t^VA - jo pAVcrA "Me G…
25-5374 Artez Hammonds v. Alabama Alabama 2025-08-15 Denied IFP circuit-split due-process jury-instructions prosecutorial-misconduct self-incrimination sixth-amendment 1. Given an expanding circuit, and now state court, split regarding whether, under Griffin v. California, 380 U.S. 609 (1965) and Carter v. Kentucky,…
25-5325 Robert W. Hassett, III v. Delaware Delaware 2025-08-12 Denied Relisted (2)IFP capital-sentencing constitutional-amendments criminal-procedure death-penalty due-process jury-instructions 1. Whether the Eighth^hdil '4th Amendments to the United States Constitution are violated, and this Court 's holdings are contradicted, 1 when a cour…
25A145 Jeremy Baum v. Missouri Missouri 2025-08-05 Presumed Complete appellate-review criminal-procedure due-process jury-instructions sexual-trafficking sufficiency-of-evidence Whether an appellate court's affirmance of a criminal conviction on a legal ground not presented to the original jury constitutes a violation of the d…
25-130 Francis McLain v. United States Ninth Circuit 2025-08-04 Denied Response Waived criminal-conviction indictment-elements jurisdictional-defect jury-instructions rule-60b4 trust-fund-penalty I. Can a district court properly deny a motion under Rule 60(b)(4), F.R.Civ.P., to vacate a criminal conviction where the motion shows the conviction …
25-5266 In Re Kimberly Lee Kessler 2025-08-04 Denied Relisted (2)IFP constitutional-violation due-process fair-trial jury-instructions prosecutorial-misconduct right-to-counsel Question not identified.
25A125 Markeisha Elliott v. Shannon Olds, Warden Sixth Circuit 2025-07-30 Presumed Complete criminal-procedure due-process ineffective-assistance jury-instructions murder-conviction sixth-amendment Whether the Sixth Amendment right to effective assistance of counsel requires reversal of a murder conviction where trial counsel allegedly failed to …
25-5157 Juan T. Tyler v. Luis Martinez, Warden Ninth Circuit 2025-07-21 Denied Response WaivedIFP attempted-murder due-process ineffective-assistance jury-instructions premeditation prosecutorial-misconduct I. Did the Prosecution Proved Beyond a Reasonable Doubt that the Shooter Premeditated and Deliberated an Attempted Murder? II. Did the Trial Court De…
25-61 Mark Murphy and Jennifer Murphy v. United States Eleventh Circuit 2025-07-17 Denied Amici (3)Response Waived circuit-split controlled-substances criminal-law drug-conspiracy jury-instructions statutory-interpretation Whether, in a § 846 prosecution for conspiracy to violate § 841, a trial court errs if it fails to correctly instruct the jury on the elements of the …
25-5117 George P. Naum, III v. United States Fourth Circuit 2025-07-15 Denied Response WaivedIFP controlled-substances jury-instructions medical-purpose mens-rea plain-error subjective-intent In Ruan v. United States, 597 U.S. ___ (2022), this Court answered the question on whether a physician alleged to have prescribed controlled substance…
25-5060 Harold Alvin Campbell v. Louisiana Louisiana 2025-07-09 Denied Relisted (2)IFP amendment-challenge constitutional-violation intent-to-kill jury-instructions murder-statute negligent-homicide WHETHER THE LOUISIANA STATE MURDER STATUTES WHICH INCORP ORATES " NO INTENT TO KILL ", LSA-RS 14:30.1(2), 14:31(2), ARE UNCONSTITUTIONALLY A DISTINCT…
25-5005 Tawsif Tajwar v. United States Sixth Circuit 2025-07-01 Denied Response WaivedIFP cumulative-error evidence-suppression jury-instructions mental-state sixth-amendment trial-court Whether a determinative response by the trial court to a jury question posed during deliberation regarding a question of fact results in prejudice to …
24-7523 Sean Kerwin Bindranauth v. United States Eleventh Circuit 2025-06-30 Denied Response WaivedIFP appellate-review circuit-court deliberate-ignorance district-court jury-instructions legal-error Whether the Eleventh Circuit Court of Appeals erred in denying Petitioner direct review where the district court fundamentally misstated the law on de…
24-7367 Timothy D. Leners v. Ryan Schelhaas, Interim Attorney General of Wyoming, et al. Tenth Circuit 2025-06-06 Denied Response WaivedIFP amendment-rights castle-doctrine jury-instructions no-duty-to-retreat prosecutorial-misconduct self-defense Were the Defendant's 2nd, 5th, 6th, and 14th Amendment Rights violated through denial of 'No Duty to Retreat' jury instructions, misconduct by a disba…
24-7346 Seaga Edward Gillard v. North Carolina North Carolina 2025-06-03 Denied IFP capital-punishment criminal-sentencing death-penalty felony-murder jury-instructions supreme-court-precedent Whether the Supreme Court of North Carolina violated Supreme Court precedent regarding jury instructions for death sentences in felony murder cases in…
24-7329 Nicco-Kawon Pledger v. Massachusetts Massachusetts 2025-05-30 Denied Response WaivedIFP due-process expert-testimony hearsay-evidence ineffective-assistance jury-instructions trial-procedure Whether counsel's failure to challenge the admissibility of expert testimony and hearsay evidence prejudicially impacted the defendant's right to a fa…
24-1203 Bernhard Jakits v. United States Sixth Circuit 2025-05-27 Denied Response Waived criminal-law federal-criminal-statute jury-instructions minor-protection sexual-exploitation statutory-interpretation Whether the district court's jury instructions on 'sexually explicit conduct' and 'lascivious exhibition' were consistent with statutory interpretatio…
24-7142 Saad Hanna v. Kimberly A. Nelson, M.D., et al. Colorado 2025-05-07 Denied Relisted (2)IFP constitutional-violation evidence-exclusion ineffective-assistance judicial-error jury-instructions racial-threat Whether the trial court erroneously used prejudicial language suggesting defendant's guilt during jury instructions and whether defense counsel was in…
24-6871 Diego J. Jimenez v. Ricky D. Dixon, Secretary, Florida Department of Corrections Florida 2025-03-27 Denied IFP constitutional-violation double-jeopardy due-process judicial-bias jury-instructions structural-error Whether a bias and partial Judge that was recused before trial created a Structural Error when presiding over a criminal defendant's case, whether fra…
24-6864 Darren Latodd Houston v. Texas Texas 2025-03-26 Denied IFP constitutional-rights criminal-procedure due-process fundamental-fairness judicial-error jury-instructions Whether a state court's failure to properly instruct the jury on the elements of a criminal offense constitutes a violation of due process and fundame…
24-6841 Micah Brown v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2025-03-25 Dismissed IFP capital-punishment defendant-rights fifth-amendment jury-instructions penalty-phase prosecutorial-misconduct Whether a prosecutor violates a capital defendant's Fifth Amendment right by repeatedly telling the jury that the defendant deserved no mercy for not …
24-6785 Brian Scott Sharp v. Texas Texas 2025-03-17 Denied IFP constitutional-rights criminal-defense due-process jury-instructions objection-preservation procedural-error Whether a criminal defendant's due process rights were violated by jury instructions that denied a necessary defense and improperly preserved objectio…
24-6702 Vincent Adams Vassor v. United States Sixth Circuit 2025-03-05 Denied Response WaivedIFP counsel-objection false-statements jury-instructions jury-testimony legal-procedure witness-credibility Are false statements and false quotations solicited in the presence of a jury that have not occurred to each attorney considered admissible testimony …
24-6653 John Douglas Alexander v. Jonathan Nance, Warden Fourth Circuit 2025-02-26 Denied Response WaivedIFP constitutional-violation criminal-procedure due-process implied-malice jury-instructions self-defense Did the lower Court err in finding that Petitioner's Conviction and sentence were not obtained unconstitutionally in violation of due process rights?
24-900 Parvez Anjum Qureshi v. United States Fifth Circuit 2025-02-20 Denied Response Waived conspiracy constitutional-rights controlled-substances due-process jury-instructions mens-rea Whether a conspiracy conviction can be affirmed when the jury instructions for the underlying substantive offense were erroneous and misstated the men…
24-6586 Landon Hank Black v. Tennessee Tennessee 2025-02-18 Denied Response RequestedResponse WaivedRelisted (7)IFP burden-of-proof constitutional-limits criminal-procedure due-process jury-instructions second-degree-murder Did the jury instructions imposing a burden of proving innocence of second-degree murder beyond a reasonable doubt violate due process precedents
24-6536 Craig Bassett v. Florida Florida 2025-02-11 Denied Response WaivedIFP due-process habeas-corpus jury-instructions sentencing-discretion separation-of-powers sixth-amendment Whether the Florida Supreme Court's jury instructions and sentencing practices violate the Sixth Amendment and due process rights, and can such consti…
24-6394 In Re Saaed Moslem, et al. 2025-01-27 Denied Response WaivedIFP constitutional-rights judicial-fraud jury-instructions prosecutorial-misconduct statute-of-limitations writ-of-mandamus Whether the Second Circuit's failure to address Petitioners' claims of prosecutorial misconduct and judicial fraud warrants this Court's intervention …
24-6348 Christopher Howard v. United States Second Circuit 2025-01-21 Denied Response WaivedIFP constitutional-validity criminal-procedure inter-circuit-split jury-instructions rico-conspiracy vicar-statute Whether the Second Circuit's decisions overturning the District Court's acquittal on VICAR and 924(c) counts created an inter-circuit split regarding …
24A603 Christopher Thomas v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2024-12-18 Presumed Complete armed-robbery habeas-corpus ineffective-assistance jury-instructions sixth-amendment strickland-standard Whether the Sixth Amendment requires reversal of a criminal conviction where trial counsel allegedly provided ineffective assistance by failing to obj…
24A591 Fernando Lopez-Armenta v. United States Ninth Circuit 2024-12-17 Presumed Complete criminal-conviction drug-statute federal-statute jury-instructions ninth-circuit sufficiency-of-evidence Whether the Ninth Circuit Court of Appeals correctly applied the legal standard for reviewing criminal convictions under federal drug and firearms sta…
24-640 Patricia A. Allen v. Scott Bessent, Secretary of the Treasury District of Columbia 2024-12-12 Denied Response Waived causation-standard due-process employment-discrimination jury-instructions retaliation-claim title-vii Whether a trial court abused its discretion by providing jury instructions that omitted Title VII discrimination claims and applied different causatio…
24-6049 Mario Ray Childs v. Jeff Tanner, Warden Sixth Circuit 2024-11-27 Denied Response WaivedIFP constitutional-rights due-process fair-trial ineffective-assistance-of-counsel jury-instructions self-defense Whether petitioner was denied his constitutional right to a fair trial and effective assistance of counsel due to trial counsel's inactions and failur…
24-561 RSBCO v. United States Fifth Circuit 2024-11-19 Denied Response Waived attorney-fees fifth-circuit-review invited-error jury-instructions procedural-violation tax-dispute Did the Fifth Circuit err in reversing a lower court ruling by interpreting undefined jury instructions and verdict forms in a tax dispute against the…
24-5782 Harvey Miguel Robinson v. Laurel Harry, Secretary, Pennsylvania Department of Corrections, et al. Third Circuit 2024-10-18 Denied Response WaivedIFP federal-circuit-split habeas-corpus jury-instructions legislative-interpretation sentencing-law state-court-review Whether a court may instruct a jury about potential legislative changes to sentencing law, and whether a federal habeas court can substitute its own r…
24-409 Roderick Jones v. Tommy Bowen, Warden Georgia 2024-10-11 Denied Response Waived constitutional-rights criminal-procedure due-process ineffective-assistance jury-instructions sixth-amendment Whether McCoy v. Louisiana permits counsel to concede a client's guilt in direct contradiction of the client's testimony and whether such a concession…
24A331 Patricia A. Allen v. Janet L. Yellen, Secretary of the Treasury District of Columbia 2024-10-07 Presumed Complete discriminatory-animus job-assignment jury-instructions material-adversity supreme-court-precedent title-vii Whether the trial court's failure to provide jury instructions consistent with recent Supreme Court precedents in Muldrow and Chambers constitutes rev…
24-5514 Christopher Jensen v. Illinois Illinois 2024-09-11 Denied Response WaivedIFP appellate-review criminal-procedure evidence-law jury-instructions sentencing trial-court Question not identified.
24-5521 Vernon Carter v. Ricky D. Dixon, Secretary, Florida Department of Corrections Florida 2024-09-11 Denied IFP constitutional-rights eighth-amendment fifth-amendment jury-instructions sixth-amendment verdict-form Whether the trial court's jury instructions and verdict form violated the Petitioner's Fifth, Sixth, and Eighth Amendment rights by failing to specify…
24-5503 Raekwon Malik Patton v. United States Eighth Circuit 2024-09-10 Denied Response RequestedResponse WaivedRelisted (2)IFP criminal-enterprise jury-instructions purpose-element racketeering underlying-offense violent-crimes Whether 18 U.S.C. § 1959(a) requires a minimum finding by the jury that the underlying crime was committed as a substantial purpose or integral aspect…
24-5496 Jose Manuel Galan v. Jeff Macomber, Secretary, California Department of Corrections and Rehabilitation Ninth Circuit 2024-09-09 Denied IFP child-sexual-abuse criminal-procedure due-process ex-post-facto jury-instructions penal-code Did the admission of evidence of child sexual abuse accommodation syndrome (CSAAS) violate Petitioner's due process rights, and did the trial court er…
24A240 George L. Fields v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2024-09-05 Presumed Complete constitutional-right exhaustion-requirement ineffective-assistance jury-instructions procedural-default strickland-standard Whether a state court's denial of a prisoner's ineffective assistance of counsel claims constitutes a violation of due process when the claims involve…
24-5414 Cleveland J. Enmon v. United States Eleventh Circuit 2024-08-28 Denied Response WaivedRelisted (2)IFP criminal-conviction eleventh-circuit jury-instructions medical-prescription ruan-standard standard-of-review Whether the Eleventh Circuit erroneously applied an objective standard in jury instructions for a physician's prescription case in light of the Ruan v…
24-5292 Shawn Paul O'Brien v. Kansas Kansas 2024-08-09 Denied IFP appellate-review criminal-procedure evidence-admissibility jury-instructions prosecutorial-misconduct sexual-offense Whether the Kansas Court of Appeals improperly upheld a conviction without requiring independent evidence of intent and improperly excluded exculpator…
24-124 Brent Brewbaker v. United States Fourth Circuit 2024-08-05 Denied 5th-amendment-6th-amendment'\n\n'Did the court of antitrust-law appellate-review article-1 constitutional-challenge constitutional-error criminal-law criminal-procedure criminal-statute due-process fifth-amendment harmless-error jury-instructions presumption sherman-act sixth-amendment void-for-vagueness Is the criminal provision of Section 1 of the Sherman Act Constitutional?
24-5211 Jerod Askew v. United States Fourth Circuit 2024-08-01 Denied Response WaivedIFP criminal-procedure drug-trafficking due-process firearm-possession firearms jury-instruction jury-instructions statutory-interpretation Whether a jury instruction under 18 U.S.C. § 924(c) requires reference to 'mere presence' and allows for the jury to draw inferences from improper leg…
24-5183 Harshadkumar Nanjibhai Jadav v. J. Woodson, Warden Fourth Circuit 2024-07-31 Denied IFP and whether the state prisoner made a proper show actual-innocence aedpa aedpa-standard criminal-procedure due-process fifth-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-instructions schlup What constitutes as 'new' evidence
24-5178 Keith Earl Robinson v. Jim Farris, Warden Tenth Circuit 2024-07-30 Denied IFP criminal-procedure defense-strategy due-process ineffective-assistance jury-instructions sixth-amendment sixth-amendment,criminal-procedure,ineffective-ass Did Mr. Robinson's trial counsel's performance in preparing defense witnesses meet the standards of effective assistance of counsel, as required by th…
24-5106 Stoney Prior v. United States Ninth Circuit 2024-07-18 Denied Response WaivedIFP appellate-review appellate-standard-of-review circuit-split criminal-defendant-rights criminal-defense jury-instruction jury-instructions reasonable-doubt recognized-defenses third-party-culpability Is a criminal defendant entitled to a jury instruction on any recognized defense supported by the evidence?
24-5037 William J. Kemp v. John Rivello, Superintendent, State Correctional Institution at Huntingdon, et al. Third Circuit 2024-07-10 Denied Response WaivedRelisted (2)IFP 5th-amendment criminal-procedure due-process griffin-v-california habeas-corpus ineffective-assistance jury-instructions miranda-rights prosecutorial-misconduct sixth-amendment Whether the prosecutor's actions and trial court's instructions violated due process and warrant independent habeas review under Griffin v. California…
24-5027 Jovan Marquis Harris v. United States Eighth Circuit 2024-07-09 Denied Response WaivedIFP burrage-v-united-states causation-of-harm criminal-law criminal-procedure drug-distribution evidentiary-hearing federal-statute heroin-distribution jury-instruction jury-instructions overdose sentencing-enhancement Did the trial court err when it refused to instruct the jury that the heroin distributed by the defendant was the same heroin that caused the victims'…
24-5006 Jason Steven Kokinda v. United States Fourth Circuit 2024-07-03 GVR IFP 18-u.s.c-2250 34-u.s.c-20913 change-of-residence chevron-deference criminal-procedure jury-instructions rule-of-lenity sex-offender-registration smart-guidelines statutory-interpretation Whether the district court erroneously instructed the jury regarding a crucial element of the criminal offense of failure to register as a sex offende…
23-1321 Jeffrey Batio v. United States Seventh Circuit 2024-06-18 Denied criminal-intent fraudulent-intent good-faith good-faith-defense jury-instruction jury-instructions mail-fraud misrepresentation misrepresentations wire-fraud Does it improperly deprive a defendant of his defense of good faith when a jury is instructed that, if the jury finds any 'false and fraudulent repres…
23-7725 Jimmie Lee Walton v. United States Fifth Circuit 2024-06-14 Denied Response WaivedIFP abuse-of-discretion allen-charge coercion court-of-appeals criminal-procedure Did the Court of Appeals abuse it's discretion in Did the Court of Appeals abuse its discretion in a directed-verdict double-jeopardy due-process fifth-circuit habeas-corpus harmless-error ineffective-assistance ineffective-assistance-of-counsel judgment-of-acquittal judicial-discretion jury-instructions mistrial motion-for-acquittal right-to-counsel sixth-amendment standard-of-review sufficiency-of-evidence Did Walton receive effective assistance of counsel?
23-7716 Donte Solomon v. Robert St. Andre, Warden Ninth Circuit 2024-06-13 Denied Response WaivedIFP alcohol-and-drugs constitutional-rights criminal-procedure due-process heat-of-passion jealousy judicial-review jury-instructions jury-selection legal-challenge mental-state provocation Question not identified
23-7703 Walter Taylor, III v. Vermont Vermont 2024-06-12 Denied Response WaivedIFP defense-theory due-process fourteenth-amendment jury-instructions jury-trial sixth-amendment voluntary-intoxication Is a criminal defendant denied his right to a jury trial under the Sixth Amendment and due process under the Fourteenth Amendment when the trial court…
23-7679 Thaddeus Rhodes v. United States Eleventh Circuit 2024-06-10 Denied Response WaivedIFP 18-usc-924(c) circuit-split crime-of-violence hobbs-act jury-instructions property-rights realistic-probability-test statutory-interpretation supreme-court-precedent united-states-v-taylor Is Hobbs Act robbery categorically a crime of violence?
23-7537 Mike Austin Anderson v. United States Fifth Circuit 2024-05-22 Denied Response WaivedIFP appeal criminal-procedure criminal-trial due-process judicial-procedure jury-instructions jury-verdict motion-to-revoke recusal-motion standard-of-review sufficiency-of-evidence Whether the district court erred by finding that the prosecution produced sufficient evidence at trial for a reasonable jury to return a guilty verdic…
23-7473 Cody Ray Leveke, aka Cody Meyer, aka Cody Ray Meyers v. United States Eighth Circuit 2024-05-14 Denied Response WaivedIFP criminal-intent criminal-law due-process first-amendment free-speech jury-instructions subjective-intent supreme-court supreme-court-precedent threat-standard Whether jury instructions based on Elonis v. United States (2015) sufficiently encompass the requirement of 'subjective intent to threaten,' as articu…
23-7480 Sanjay Kumar v. United States Fourth Circuit 2024-05-14 Denied Response WaivedIFP cheek-v-united-states criminal-defense criminal-procedure due-process good-faith-belief jury-instructions subjective-intent tax tax-crime willfulness whether-jury-instructions-on-willfulness-element-disregarded-defendant's-subjective-intent
23-7415 Carlos Gomez v. United States Second Circuit 2024-05-08 Denied Response RequestedResponse WaivedRelisted (2)IFP criminal-procedure due-process jury-instruction jury-instructions pinkerton-liability predicate-offense rosemond-v-united-states statutory-interpretation united-states-v-davis vicarious-liability Whether a jury instruction on 18 U.S.C. § 924(c) charge based on invalid or valid predicate prejudiced the Petitioner
23-7424 Manuel Sepulveda v. Laurel Harry, Secretary, Pennsylvania Department of Corrections, et al. Third Circuit 2024-05-08 Denied Response WaivedIFP appellate-review brady-violation certificate-of-appealability due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-instructions Whether an unreasoned blanket denial of a certificate of appealability conflicts with 28 U.S.C. § 2253 and Supreme Court precedents
23-7391 Markeith D. Loyd v. Florida Florida 2024-05-06 Denied Relisted (2)IFP capital-punishment death-penalty eighth-amendment fourteenth-amendment individual-responsibility jury-instructions sentencing-phase Where the court in a capital case allows the State to argue that the jury should, or must, try its best to reach a unanimous penalty phase verdict, is…
23-7339 Philip Shane Young v. Texas Texas 2024-04-30 Denied IFP appeal criminal-procedure deadly-weapon evidence-sufficiency jury-finding jury-instructions standard-of-review sufficiency-of-evidence Is the evidence sufficient to sustain the jury's finding that a deadly weapon was used?
23-7341 Ronald Leon Thompson v. Colorado Colorado 2024-04-30 Denied IFP appellate-review consent constitutional-error constitutional-interpretation criminal-procedure harmless-error judicial-definition jury-instructions legal-standard trial-court-discretion Whether the Court of Appeals erred in finding the trial court's error in failing to define the term consent was constitutional harmless error
23-7319 Yudith Reynoso-Hiciano v. United States Second Circuit 2024-04-26 Denied Response WaivedIFP aiding-and-abetting burden-of-proof closing-argument criminal-procedure jury-instructions presumption-of-innocence reasonable-doubt Whether repeatedly arguing in closing that the defendant 'needed the jury to believe' certain things impermissibly shifted the burden of proof and evi…
23-7298 Jonathan Wayne Daniels v. United States Eleventh Circuit 2024-04-24 Denied Response WaivedIFP criminal-procedure criminal-trial due-process eyewitness-identification hobbs-act-robbery jury-instruction jury-instructions suggestive-identification suggestive-procedure third-circuit Whether petitioner's jury was adequately 'warn[ed] to take care in appraising identification evidence,' in accordance with due process, where his jury…
23-7278 Kasheen Samuels v. United States Second Circuit 2024-04-19 Denied Response WaivedIFP due-process effective-assistance-of-counsel fifth-amendment grand-jury indictment-modification jury-instructions sixth-amendment Did the Second Circuit err in failing to find that Kasheen Samuels' Fifth Amendment rights to an indictment by a Grand Jury and due process and his Si…
23-7242 Juan Avendano v. Illinois Illinois 2024-04-17 Denied Response WaivedIFP constitutional-rights criminal-indictment criminal-procedure double-jeopardy due-process fifth-amendment jury-instructions jury-verdict statutory-interpretation statutory-offense Whether a defendant's rights under the Double Jeopardy Clause are violated by multiple, factually identical counts of the same statutory offense using…
23-7207 Dwayne K. Taylor v. Illinois Illinois 2024-04-11 Denied Response WaivedIFP constitutional-defect criminal-conviction criminal-procedure double-jeopardy due-process habeas-corpus jury-instructions necessity self-defense sentencing sentencing-enhancement Whether the trial Court Committed reversible error in denying the defendant's request for jury instructions on self-defense and necessity, even though…
23-7174 Richard Lee David Brown v. United States Eighth Circuit 2024-04-09 Denied IFP appellate-review constitutional-challenge criminal-procedure defense-instruction drug-convictions due-process evidence jury-instructions plain-error prior-convictions propensity-evidence Whether the admission of prior drug convictions constitutes impermissible propensity
23-7123 Ivan Isho v. United States Ninth Circuit 2024-04-02 Denied Response WaivedIFP civil-rights due-process first-amendment free-speech jury-instructions mental-state objective-standard recklessness stalking true-threats Whether the Ninth Circuit's decision violated the Counterman standard for true threats prosecutions
23-7115 Timothy D. Hinkle v. Kentucky Kentucky 2024-04-01 Denied Response WaivedIFP criminal-procedure due-process hearsay hearsay-rule jury-instructions prosecutorial-misconduct sexual-assault witness-credibility Did the courts allow the petitioner to have a fair and impartial trial?
23-7105 Katherine Barrett v. Kentucky Kentucky 2024-03-29 Denied Response WaivedIFP closing-arguments criminal-procedure due-process home-incarceration jail-credit jury-instructions presumption-of-innocence prosecutorial-misconduct Did the prosecutor's statement to the jury that the presumption of innocence is gone constitute flagrant misconduct?
23-7091 Brandon De McCall v. Texas Texas 2024-03-28 Denied IFP 8th-amendment capital-punishment culpability due-process eighth-amendment jury-instruction jury-instructions mitigating-evidence moral-blameworthiness Whether the 'moral blameworthiness' jury instruction prevented the consideration of constitutionally relevant mitigating evidence
23-7075 Breon D. Hicks v. United States Eleventh Circuit 2024-03-26 Denied Response WaivedIFP controlled-substance controlled-substances criminal-procedure criminal-statute due-process firearm-possession firearms jury-instruction jury-instructions section-924(c) section-924c unlawful-user Whether the district court erroneously instructed the jury concerning the Section 924(c) charges?
23-1013 Dalibor Kabov and Berry Kabov v. United States Ninth Circuit 2024-03-15 Denied brady-violation brady-violations drug-trafficking invited-error invited-error-doctrine jury-instructions napue-violation napue-violations ruan-v-united-states section-841 state-of-mind Whether the Ninth Circuit erred in upholding the petitioners' drug distribution conviction despite the conflict with Ruan v. United States
23-6961 Jacob Smith v. John Henley, Warden, et al. Ninth Circuit 2024-03-11 Denied IFP burden-of-proof civil-rights constitutional-rights due-process ineffective-assistance-of-counsel jury-instructions prosecutorial-misconduct self-representation Whether the prosecutor improperly shifted the burden of proof by asking the defendant to prove his innocence in front of the jury, which was prejudici…
23-6890 Lamar Larue White v. California California 2024-03-05 Denied IFP brady-material constitutional-rights dna-evidence due-process ineffective-assistance-of-counsel jury-instructions lesser-included-offense sixth-amendment Jury-instructions
23-6840 Suzanne Ellen Kaye v. United States Eleventh Circuit 2024-02-27 Denied Response WaivedIFP constitutional-law counterman-v-colorado first-amendment free-speech jury-instructions political-speech true-threats watts-v-united-states In threat prosecutions where the defendant mounts a political-speech defense, may trial courts—consistent with the First Amendment—instruct the jury o…
23-928 Yun Zheng, aka Wendy Zheng, and Yan Qiu Wu, aka Jason Wu v. United States Sixth Circuit 2024-02-27 Denied circuit-split harboring-aliens harmless-error immigration-law jury-instruction jury-instructions mens-rea neder-v-united-states Whether a jury instruction under 8 U.S.C. § 1324(a)(1)(A)(ii) requires the Government to prove that a defendant intended to help that alien evade dete…
23-905 John William Hanson, III v. United States Sixth Circuit 2024-02-22 Denied Response Waived arrest-time civil-rights criminal-procedure due-process excessive-force false-testimony jury-instructions search-and-seizure sentencing whether-the-petitioner-was-falsely-arrested
23-897 Cidney Bowdean Ingram v. Fredeane Artis, Warden Sixth Circuit 2024-02-21 Denied Response Waived certificate-of-appealability due-process duty-to-retreat home-invasion ineffective-assistance-of-counsel jury-instructions porch-as-part-of-home whether-a-certificate-of-appealability-should-be-issued
23-6788 Terrance Fowler v. Pennsylvania Pennsylvania 2024-02-20 Denied IFP constitutional-rights criminal-conviction criminal-procedure due-process jury-instructions maximum-penalty sentencing uncharged-crime Can a State deny a defendant due process of law by convicting and sentencing him to the maximum penalty for a crime that he was not charged with, nor …
23-6789 Randolph Maya v. Florida Florida 2024-02-20 Denied Response WaivedIFP evidence grand-jury grand-jury-testimony impeachment impeachment-evidence jury-instructions prior-inconsistent-statement substantive-evidence witness witness-testimony Can a party knowingly call a witness it expects to testify contrary to previous statements in order for those statements to entered as substantive evi…
23-6716 Tommy Lee Walker v. United States Ninth Circuit 2024-02-09 Denied Response WaivedIFP 2nd-amendment criminal-procedure due-process firearm-interstate-commerce interstate-commerce jury-instruction jury-instructions sixth-amendment speedy-trial-act standing Where the firearm at issue was manufactured in California and found in a home in California, did the district court err by refusing to give a requeste…
23-6673 Lillian Akwuba v. United States Eleventh Circuit 2024-02-06 Denied Response WaivedIFP controlled-substance criminal-procedure harmless-error intent-element jury-instruction jury-instructions medical-care mens-rea standard-of-care Whether the stringent harmless error language from Neder applies to Ruan-based jury instruction error?
23-6681 Danny Lowe v. United States Ninth Circuit 2024-02-06 Denied Response WaivedIFP appeal criminal-intent due-process harmless-error jury-instruction jury-instructions mens-rea ninth-circuit sex-trafficking Is the jury instruction that misstates the mens rea of the offense harmless where the sole issue at trial is the defendant's criminal intent?
23-6547 Billy J. Seabolt v. United States Fourth Circuit 2024-01-23 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process fair-trial jury-instructions jury-trial legal-interpretation prosecutorial-conduct prosecutorial-misconduct right-to-a-fair-trial speedy-trial Is it a fair trial when the jury is clearly in a distressed situation during a long trial and they contradict themselves on finding guilty and not gui…
23-6498 Kevin Clayton v. United States Eleventh Circuit 2024-01-17 Denied Response WaivedIFP conspiracy due-process fifth-amendment jury-instructions jury-trial murder racketeering racketeering-conspiracy sentencing sentencing-enhancement sixth-amendment Whether the Due Process Clause of the Fifth Amendment, and the Jury Trial guarantees contained in the Sixth Amendment were violated
23-6446 William Riley Gaul v. Tennessee Tennessee 2024-01-09 Denied Response WaivedIFP appellate-review criminal-procedure double-jeopardy judicial-relief jury-instructions jury-verdict logical-inconsistency multiple-count-presentment mutually-exclusive-verdicts powell-v-texas sufficiency-of-evidence Whether a jury's positive finding of guilt in one count of a multiple count presentment is mutually exclusive from its illogical, but positive finding…
23-6436 Luis Manso v. Patricia McGill, Administrator, Northern State Prison, et al. Third Circuit 2024-01-08 Denied IFP brady-violation court-of-appeals evidence-suppression ineffective-assistance ineffective-assistance-of-counsel jury-instructions lesser-included-offenses prosecutorial-misconduct strickland-standard strickland-v-washington strong-evidence Does Strickland-v-Washington allow the Court-of-Appeals to dismiss the defendant's ineffective-assistance-of-counsel claim based on strong-evidence of…
23-6400 Michael Hewitt v. United States Second Circuit 2024-01-02 Denied Response WaivedIFP conspiracy criminal-law double-jeopardy drug-distribution evidence jury-instructions Should the trial court have acquitted Petitioner of conspiracy to distribute methamphetamine
23A598 Lillian Akwuba v. United States Eleventh Circuit 2023-12-29 Presumed Complete controlled-substances criminal-intent drug-distribution good-faith jury-instructions mens-rea Whether the jury instructions for a controlled substances distribution charge improperly defined the good faith standard and mens rea elements under 2…
23-6386 Michael Andrew King, Jr. v. United States Fourth Circuit 2023-12-28 Denied Response WaivedIFP appellate-review credibility-determination criminal-procedure due-process due-process-rights evidence jury-instructions jury-trial mask-obstruction witness-credibility witness-testimony Whether an appellate court's traditional deference to credibility determinations made by jurors in returning a guilty verdict should give way where th…
23-6358 Devadrick Markevin Booker v. United States Fifth Circuit 2023-12-27 Denied Response WaivedIFP criminal-procedure criminal-trial due-process jury-instructions prosecutorial-evidence reasonable-doubt standard-of-review sufficiency-of-evidence Whether the district court erred by finding that the prosecution produced sufficient evidence at trial for a reasonable jury to return guilty verdicts…
23-6369 Joseph R. Cyr v. Steven Harpe, Director, Oklahoma Department of Corrections Tenth Circuit 2023-12-27 Denied Relisted (2)IFP burden-of-proof conclusive-presumption criminal-procedure due-process jury-instructions malice-aforethought sandstrom-standard sandstrom-v-montana Whether the trial court's jury charge violated the defendant's due process rights by creating an impermissible conclusive presumption that relieved th…
23-6316 Daniel Vincent v. Chad Wakefield, Superintendent, State Correctional Institution at Smithfield, et al. Third Circuit 2023-12-21 Denied IFP alternative-suspects conflict-with-circuits due-process eyewitness-testimony identification-evidence ineffective-assistance jury-instructions mistaken-identification sixth-amendment trial-strategy Is a defendant denied due process if his claim is not addressed by state or federal courts?
23A564 Donte Johnson v. Nevada Nevada 2023-12-19 Presumed Complete capital-punishment constitutional-error ineffective-assistance jury-instructions procedural-safeguards sixth-amendment Whether the Sixth Amendment requires a new trial when counsel fails to adequately investigate guilt-phase evidence and secure appropriate jury instruc…
23-650 Laura Jordan and Mark Jordan v. United States Fifth Circuit 2023-12-15 Denied Response RequestedResponse WaivedRelisted (3) alternative-theory appellate-review constitutional-error criminal-procedure due-process harmless-error jury-instructions structural-error sufficiency-of-evidence Whether an appellate court's harmless-error analysis must decline to find constitutional alternative theory error harmless
23-638 Kenneth Wendell Ravenell v. United States Fourth Circuit 2023-12-13 Denied Amici (2) burden-of-proof circuit-split conspiracy criminal-conspiracy criminal-procedure federal-prosecution jury-instructions money-laundering non-overt-act-conspiracy statute-of-limitations Whether the government bears the burden of proving to a jury that a non-overt-act conspiracy existed within the limitations period
23-631 Hollis Morrison Greenlaw, et al. v. United States Fifth Circuit 2023-12-12 Denied appellate-review constitutional-error criminal-procedure harmless-error intent-to-defraud jury-instructions scheme-to-defraud structural-error Whether harmless-error analysis of jury instructions that omitted or misdefined an element must decline to find that constitutional error harmless
23-6211 Bernard Antoine Hardrick v. Michigan Michigan 2023-12-08 Denied Response WaivedIFP adjudication civil-rights criminal-conviction criminal-enterprise due-process evidence-sufficiency exclusion jury-instructions prosecutorial-burden prosecutorial-misconduct self-representation trial-court-error Whether the trial court violated petitioner's right to be present, right to counsel, and right to self-representation when it improperly excluded peti…
23-6179 Anibal Miranda-Montanez v. United States First Circuit 2023-12-06 Denied Response WaivedIFP appellate-review case-review criminal-procedure due-process judicial-review jury-instructions legal-sufficiency procedural-challenge standard-of-review sufficiency-of-evidence trial-evidence verdict-challenge Whether the evidence was insufficient for the verdict to stand
23-6141 Arthur Grady v. Charles Truitt, Warden Seventh Circuit 2023-11-30 Denied Response WaivedIFP criminal-procedure ineffective-assistance-of-counsel jackson-v-virginia jury-instructions special-verdict strickland-v-washington sufficiency-of-evidence united-states-v-powell Does United States v. Powell prevent a court from reviewing—and giving effect to—a jury's special verdict finding when that finding negates the sole t…
23-6130 Sylvia Hofstetter v. United States Sixth Circuit 2023-11-29 Denied Response WaivedIFP controlled-substances criminal-procedure jury-instructions mens-rea plain-error ruan-standard ruan-v-united-states sixth-circuit Whether the Sixth Circuit's ruling on the plain error standard is contrary to Supreme Court precedents, including Ruan and Henderson
23-6116 Cynthia Clemons v. United States Sixth Circuit 2023-11-28 Denied Response WaivedIFP controlled-substances criminal-procedure jury-instruction jury-instructions mens-rea plain-error ruan-v-united-states sixth-circuit supreme-court-precedent Whether the Sixth Circuit's ruling on the plain error standard is contrary to Supreme Court precedents, including Ruan and Henderson
23-6122 Courtney Newman v. United States Sixth Circuit 2023-11-28 Denied Response WaivedIFP controlled-substances criminal-procedure jury-instructions mens-rea plain-error ruan-v-united-states Did the Sixth Circuit commit error by substituting the generic term 'illegally' for the language mandated in Ruan?
23-553 William Clark Turner v. United States Ninth Circuit 2023-11-22 Denied Response Waived burden-of-proof civil-rights criminal-statute due-process federal-jurisdiction flight-attendant free-speech intimidation jury-instructions statutory-interpretation Did the inclusion of multiple alternative definitions of 'intimidate' within the jury instructions for the charged violation of 49 U.S.C. section 4650…
23-6091 Valentino Bernard Lee v. Ricky D. Dixon, Secretary, Florida Department of Corrections Florida 2023-11-22 Denied IFP criminal-procedure double-jeopardy due-process firearm-possession jury-instructions legal-principles mandatory-minimum mandatory-minimum-sentence possession-of-firearm sentencing statutory-interpretation Whether the trial court erred in sentencing the defendant to a mandatory 10-year minimum sentence under Florida Statute § 775.087(2)(a)1 when the defe…
23-6078 Timothy Ray Jones, Jr. v. South Carolina South Carolina 2023-11-21 Denied IFP capital-punishment capital-sentencing due-process eighth-amendment insanity-defense jury jury-instructions not-guilty-by-reason-of-insanity voir-dire Whether the Due Process Clause and the Eighth Amendment require that a jury, as the sentencer in a capital case, be told the truth about the effect of…
23-6062 Holli Womack v. United States Sixth Circuit 2023-11-20 Denied Response WaivedIFP criminal-law criminal-procedure drug-offenses jury-instructions plain-error ruan-standard sixth-circuit standard-of-review supreme-court-precedent Is the Sixth Circuit's draconian view of the plain-error standard contrary to this Court's precedents, including Henderson-v-United-States?
23-6000 Tyler Catlin Borg v. California California 2023-11-15 Denied Response WaivedIFP constitutional-due-process criminal-law criminal-procedure due-process first-degree-murder intent jury-instructions lying-in-wait murder-intent Questions Presented
23-5996 Lyndon Fitzgerald Pace v. Shawn Emmons, Warden Eleventh Circuit 2023-11-13 Denied Relisted (9)IFP aedpa capital-sentencing constitutional-error death-penalty due-process ineffective-assistance jury-argument jury-instructions prosecutorial-misconduct right-to-silence Whether the lower court was bound by Darden v. Wainwright under AEDPA
23-5997 James Baxton v. United States Fourth Circuit 2023-11-13 Denied Response WaivedIFP criminal-enterprise ineffective-assistance-of-counsel interdependence jury-instructions predicate-acts racketeering-conspiracy Whether the district court and Fourth Circuit erred in applying the harmless error review under Brecht v. Abrahamson
23-5927 Katerin Martinez-Alberto v. United States First Circuit 2023-10-31 Denied Response WaivedRelisted (2)IFP criminal-procedure cross-examination defendant-rights due-process evidence jury-instructions plain-error self-incrimination testimonial-evidence testimony Does display of a defendant's body part (a foot) to the jury constitute testimony that subjects the defendant to cross-examination?
23-5896 Frank Richardson v. United States Sixth Circuit 2023-10-27 Denied Response WaivedRelisted (3)IFP §2255-motion 924(c) civil-rights constitutional-rights due-process indictment ineffective-assistance jury-instructions plain-error sentencing sentencing-jurisdiction Did the courts violate the petitioner's constitutional rights by denying his motion to vacate, set aside, or correct sentence despite errors, governme…
23-5894 Myron Lee Brandon v. United States Eighth Circuit 2023-10-26 Denied Response WaivedRelisted (2)IFP 5th-amendment 6th-amendment consent criminal-procedure due-process evidence evidence-exclusion fifth-amendment jury-instructions sixth-amendment transportation-of-minors Exclusion of evidence on prostitution and lying by alleged victim
23-406 Taylor J. Matson v. United States Ninth Circuit 2023-10-18 Denied Response Waived case-agent criminal-procedure evidence evidence-summary jury-inference jury-instructions lay-opinion lay-witness-testimony legal-interpretation plain-language-interpretation summary-of-evidence witness-testimony Whether case agents may offer lay opinions summarizing evidence, interpreting plain language, and drawing inferences from evidence that only a jury ma…
23-5806 Jason Wayne Oien v. Chad Pringle, Warden Eighth Circuit 2023-10-18 Denied IFP civil-rights constitutional-rights criminal-procedure criminal-trial due-process jury-instructions marijuana prejudicial-evidence retroactivity sentencing Question not identified
23-5837 Spencer Wallace v. Bobbi Jo Salamon, Superintendent, State Correctional Institution at Rockview, et al. Third Circuit 2023-10-18 Denied Response WaivedIFP constitutional-rights court-interpretation due-process francis-v-franklin judicial-review jury-instructions legal-precedent precedent statutory-provisions trial-court-instructions Did the lower court err in holding that the trial court instruction did not violate Wallace's constitutional right to due process?
23-5820 William H. Cornelius v. Florida Florida 2023-10-17 Denied Response WaivedIFP 6th-amendment due-process federal-jurisdiction first-amendment fourteenth-amendment jury-instructions non-delegation-doctrine separation-of-powers sixth-amendment state-courts Whether the U.S. Supreme Court is obligated to resolve a dispute between Florida citizens and the state judiciary regarding the legislature's authorit…
23-5785 Joshua Aston v. Arizona Arizona 2023-10-16 Denied IFP 6th-amendment constitutional-rights criminal-procedure due-process jury-instructions reopening-of-case right-to-present-defense right-to-testify sixth-amendment trial-procedure unanimous-jury Where a defendant's right to testify was violated
23-5707 Edward James Steiner v. Washington Washington 2023-10-03 Denied IFP case-review criminal-conviction criminal-procedure due-process evidence-tampering insufficient-evidence judicial-process jury-instructions legal-procedure prosecutorial-misconduct right-to-fair-trial Was there prosecuter misconduct?
23-5645 Robert Eugene Stallings v. United States Fifth Circuit 2023-09-26 Denied Response WaivedIFP constitutional-challenge counterman-precedent criminal-intent criminal-procedure due-process first-amendment harmless-error jury-instruction jury-instructions procedural-error statutory-interpretation sufficiency-of-evidence Whether 18 U.S.C. §1038(a) requires proof of intent to make a reasonably believable threat
23-266 Javaar Yavonnie Kalem Watkins v. United States Eighth Circuit 2023-09-20 Denied Response Waived constitutional-error conviction-reversal criminal-procedure due-process jury-instruction jury-instructions reasonable-doubt structural-error Was the reasonable doubt instruction constitutionally deficient thereby requiring reversal of Watkins' conviction?
23-5616 Isaac Kipkurui Biegon v. United States Fifth Circuit 2023-09-20 Denied Response WaivedIFP accomplice-testimony confrontation-clause conspiracy-evidence conspiracy-hearsay corroboration corroboration-evidence criminal-procedure due-process hearsay jury-instructions sixth-amendment Whether a preliminary finding of a conspiracy could be based solely on the contested hearsay statement
23-238 Roger Dale Anderson v. United States Sixth Circuit 2023-09-12 Denied comport with the Supreme Court's holding in Ruan which did not explicitly reference the Controlled controlled-substances-act criminal-law criminal-procedure due-process jury-instructions medical-practice medical-professional-liability mens-rea statutory-interpretation Whether the Sixth Circuit erred in holding that jury instructions were sufficient despite lack of reference to the CSA's 'authorization' requirement
23-5554 Cameron L. Hickman v. United States Fifth Circuit 2023-09-12 Denied Response WaivedIFP burden-of-proof criminal-procedure criminal-trial due-process jury-instructions prosecutorial-burden reasonable-doubt sexual-assault standard-of-review sufficiency-of-evidence Whether the prosecution presented sufficient evidence at trial to establish the elements of the alleged crime
23-5515 Carmen Saldana Meyer v. United States Fifth Circuit 2023-09-05 Denied Response WaivedIFP criminal-procedure extraterritorial-jurisdiction federal-kidnapping-act foreign-commerce jurisdictional-basis jury-instructions kidnapping united-states unlawful-act Whether the Federal Kidnapping Act authorizes a conviction where the foreign commerce jurisdictional basis was the defendant's travel in foreign comme…
23-5513 Rickeena Hamilton v. Tennessee Tennessee 2023-09-01 Denied Response RequestedResponse WaivedRelisted (2)IFP burden-of-proof constitutional-rights criminal-procedure due-process jury-instructions lesser-included-offense right-to-present-defense second-degree-murder Did these instructions, which imposed on the defendant a burden of proving her innocence of second-degree murder beyond a reasonable doubt, violate du…
23-5486 Gilberto Gonzalez-Gonzalez v. United States Eleventh Circuit 2023-08-30 Denied Response WaivedIFP burden-shifting carella-v-california criminal-trial due-process francis-v-franklin joint-possession jury-instructions legal-precedent mandatory-presumptions Whether jury instructions on joint possession violated due process
23-5458 Kimeo Delmar Conley v. Jason Wells, Warden Seventh Circuit 2023-08-28 Denied Response WaivedIFP 4th-amendment burden-of-proof constitutional-rights criminal-procedure due-process evidence fourth-amendment jury-instructions sixth-amendment statutory-interpretation When Criminal statute has [8] elements on its face (wis stat) (144.051) to be Proved beyond a Reasonable doubt and the state only tries to prove [3] e…
23-5440 Roman Andreyevich Glukhoy v. California California 2023-08-25 Denied Response WaivedIFP appellate-review chapman-standard chapman-v-california criminal-procedure harmless-error jury-instructions legal-theory prejudice prejudicial-error standard-of-review When a defendant is convicted after a trial court instructs a jury on two theories of guilt, one of which is legally correct and one legally incorrect…
23-5426 Christopher Robertson v. United States Fourth Circuit 2023-08-24 Denied Response WaivedIFP attempted-robbery constitutional-law criminal-conviction criminal-law federal-criminal-procedure hobbs-act jury-instructions misstatement-of-law residual-clause sentencing statutory-interpretation supreme-court Whether a defendant can be convicted of a 924(c) offense if the defendant was convicted of attempted Hobbs Act robbery
23-5423 Andre Monteek Edwards v. Kim Cargor, Warden Sixth Circuit 2023-08-23 Denied Response WaivedIFP accident accident-defense criminal-procedure ineffective-assistance-of-counsel jury-instructions prejudice prejudice-analysis second-degree-murder self-defense strickland-standard Does a second degree murder conviction preclude a showing of prejudice
23-5390 Neeraj Chopra v. United States Eighth Circuit 2023-08-18 Denied Response WaivedIFP constructive-amendment criminal-procedure due-process essential-elements indictment indictment-modification jury-instruction jury-instructions sexual-assault sexual-contact statutory-interpretation Whether a jury instruction constructively amends an indictment by modifying the essential elements of the offense charged
23-5375 Isidro Miguel Delacruz v. Texas Texas 2023-08-17 Denied IFP 8th-amendment capital-sentencing constitutional-proportionality death-penalty due-process jury-instructions mitigation-evidence moral-culpability Can the Texas death penalty statute be reconciled with this Court's long-established mitigation jurisprudence?
23-5362 Jerry Lee Beale, Jr. v. Mississippi Mississippi 2023-08-16 Denied Response WaivedIFP attempted-murder civil-rights criminal-intent criminal-procedure due-process hearsay hearsay-testimony intent jury-instructions officer-testimony trial-procedure Whether the indictment was defective for failure to allege what act Beale committed in furtherance of his attempt to kill the officers
23-5369 Dallas Terrell Smith v. United States Eleventh Circuit 2023-08-16 Denied IFP circuit-split criminal-law false-statement false-statements firearms firearms-transaction jury-instructions materiality statutory-interpretation Whether a false statement in a firearm purchase was material
23-5336 Maurice Walker v. Nicholas Lamb, Warden Eighth Circuit 2023-08-10 Denied IFP constitutional-rights due-process felony-murder ineffective-assistance ineffective-counsel jury-instructions prosecutorial-misconduct reasonable-doubt Did the trial court err in applying the felony murder rule and submitting an incomplete jury verdict that violated the defendant's due process rights?
23-5303 Jeanne Germeil v. United States Eleventh Circuit 2023-08-09 Denied Response WaivedIFP controlled-substances controlled-substances-act criminal-procedure expert-testimony good-faith jury-instructions medical-practice ruan-v-united-states Whether the United States Supreme Court's Decision in Ruan v. United States Warrants Certiorari Review of the Court's Refusal to Instruct the Jury on …
23-5314 Joe Crawford v. United States Fifth Circuit 2023-08-09 Denied Response WaivedIFP confidential-informant criminal-law criminal-procedure due-process evidence evidence-sufficiency felony-conviction jury-instructions mens-rea reasonable-doubt rehaif-standard réhaif-v-united-states Whether the evidence was insufficient to sustain a conviction when the government fails to prove beyond a reasonable doubt that the petitioner knew or…
23-5281 Morris Scott Holmes v. Tommy Bowen, Warden Georgia 2023-08-04 Denied Response WaivedRelisted (2)IFP constitutional-rights criminal-procedure double-jeopardy due-process fair-trial habeas-corpus ineffective-assistance-of-counsel jury-instructions prosecutorial-misconduct Whether the petitioner's constitutional rights were violated by successive prosecutions for the same conduct, defective indictments, improper case ass…
23-5292 Carlos Arturo Patino Restrepo v. United States Second Circuit 2023-08-04 Denied Response WaivedIFP conspiracy constructive-amendment criminal-procedure due-process indictment jury-instructions prosecutorial-discretion Whether a district court's conspiracy instructions that remove any mention of a specific group from the overall conspiratorial agreement constitute a …
23-5266 Mantell Alabi Stevens v. United States Sixth Circuit 2023-08-02 Denied Response WaivedIFP circuit-split controlled-substance criminal-conviction criminal-law drug-distribution due-process jury-instructions reasonable-doubt sentencing sentencing-enhancement sufficiency-of-evidence Can a court send a case to the jury when the evidence is only sufficient to give them a choice between probabilities instead of being sufficient to pr…
23-5257 Angel Rios-Edeza v. United States Ninth Circuit 2023-08-01 Denied Response WaivedIFP burden-of-proof closing-argument criminal-procedure due-process evidence-vouching jury-instructions ninth-circuit prosecutorial-misconduct rebuttal-argument Did the Ninth Circuit error in finding that there was no prosecutorial misconduct?
23-5200 Augustine Rincon Medina v. California California 2023-07-26 Denied IFP birks-rule constitutional-law criminal-charging criminal-procedure due-process jury-instructions lesser-included-offense lesser-offense prosecutorial-discretion Whether the rule announced in People v. Birks (1998) 19 Cal.4th 108, which permits a prosecutor to veto a defendant's request for an instruction on a …
23-5201 Andrew Valenzuela v. Roberto A. Arias, Warden Ninth Circuit 2023-07-25 Denied Response WaivedIFP constitutional-law constitutional-rights criminal-conviction criminal-law due-process duress-defense habeas-corpus judicial-proceedings jury-instructions Did the Ninth Circuit's clearly erroneous finding so depart from the accepted course of judicial proceedings as to justify summary reversal?
23-5152 Angel Maldonado v. Pennsylvania Pennsylvania 2023-07-20 Denied Response WaivedIFP criminal-procedure curative-instruction ineffective-assistance ineffective-assistance-of-counsel jury-instructions pennsylvania-supreme-court reasonable-doubt state-court-review Whether the Pennsylvania Supreme Court erred in denying a new trial based on ineffective assistance of counsel for failing to object to jury instructi…
23-5118 In Re Dustin Ray Braddock 2023-07-18 Denied Response WaivedIFP criminal-procedure district-court due-process expert-testimony jury-instructions prosecutorial-misconduct structural-error subject-matter-jurisdiction supreme-court trial-error Whether a dual-role jury instruction is required when law enforcement officers testify as both expert and percipient witnesses
23-5094 Adam Jason Poitra v. United States Eighth Circuit 2023-07-13 Denied Response WaivedIFP aggravated-sexual-abuse criminal-procedure due-process jury-instructions sexual-abuse sixth-amendment unanimity unanimity-instruction Whether the Sixth Amendment requires a specific unanimity instruction when the government introduces evidence of multiple alleged instances of sexual …
23-5043 Coby Quinton Ceaser v. Tim Hooper, Warden Fifth Circuit 2023-07-05 Denied Response WaivedIFP criminal-procedure due-process evidence evidence-suppression ineffective-assistance jackson-standard jury-instructions prosecutorial-misconduct right-to-present-defense right-to-testify trial-fairness Can the Jackson standard be satisfied when relevant, material, and appreciable evidence is impermissibly kept from the jury?
22-7905 Tikisha Upshaw v. California California 2023-06-29 Denied IFP cell-phone-location co-defendant criminal-procedure due-process evidence-admissibility expert-witness fair-trial jury-instructions police-testimony scientific-reliability witness-testimony Can a court allow unsupported opinion evidence from a police officer, who does not hold a higher science-engineering degree, about a novel cell phone …
22-7842 Dashawn Lewis v. United States Ninth Circuit 2023-06-22 Denied Response WaivedIFP burden-of-proof criminal-procedure directed-verdict due-process judicial-error jury-instruction jury-instructions ninth-circuit reasonable-doubt Whether the last sentence of the Ninth Circuit's pattern jury instruction on reasonable doubt is an incorrect statement of the law and akin to a direc…
22-7826 Ronell Watson v. United States Second Circuit 2023-06-21 Denied Response WaivedIFP 5th-amendment 6th-amendment attempted-murder constitutional-rights fifth-amendment jury-instructions premeditation sentencing-guidelines sixth-amendment statutory-maximum Is premeditation an element of attempted murder under the federal system?
22-7812 Miguel A. Cisneros v. Trent Allen, Warden Ninth Circuit 2023-06-16 Denied Relisted (2)IFP 14th-amendment appellate-review civil-rights constitutional-rights conviction criminal-procedure due-process evidence judicial-procedure jury-instructions legal-standing Whether the state court's admission of erroneous evidence violated the petitioner's 14th Amendment due process rights
22-7788 Deandre J. Baskerville v. Tim McConahay, Warden Sixth Circuit 2023-06-14 Denied Response WaivedIFP 14th-amendment constitutional-rights due-process equal-protection fair-trial jury-instructions prosecutorial-misconduct self-defense Was Petitioner's due process and equal protection rights violated by the trial court's self-defense jury instruction?
22-7731 Roy Lee Jones, Jr. v. United States Fifth Circuit 2023-06-08 Denied Response WaivedIFP burden-of-proof controlled-substances criminal-procedure drug-conspiracy due-process essential-elements evidence fifth-circuit-precedent jury-instructions sentencing sentencing-issue standard-of-proof Did the Fifth Circuit err when it 're-branded' a failure to prove an essential element of the government's methamphetamine case against Mr. Jones beyo…
22-1175 Xiulu Ruan and John Patrick Couch v. United States Eleventh Circuit 2023-06-05 Denied Amici (3) agency-rulemaking controlled-substances-act criminal-conviction federal-agency felony-offense jury-instruction jury-instructions medical-practice prescription-authority statutory-interpretation Whether 21 C.F.R. § 13806.04(a) may replace the 'except as authorized' requirement in a Controlled Substances Act jury instruction, thereby permitting…
22-1139 Victor Santana v. Texas Texas 2023-05-23 Denied Response RequestedRelisted (2) bolstering-evidence criminal-appeal criminal-procedure hearsay hearsay-evidence ineffective-assistance ineffective-assistance-of-counsel jury-instructions prior-bad-act-evidence prior-bad-acts trial-counsel Did the Court of Criminal Appeals err in finding that trial counsel's errors did not amount to ineffective-assistance-of-counsel?
22-7621 Jerry Elkins v. United States Eighth Circuit 2023-05-23 Denied Response WaivedIFP civil-rights constructive-amendment criminal-procedure due-process federal-jurisdiction fraud-on-the-court hazel-atlas-fraud interstate-commerce jury-instructions rico-violation Whether the convictions were proper due to lack of federal jurisdiction
22-7438 Frank Nellom v. United States District Court for the Eastern District of Pennsylvania Third Circuit 2023-05-03 Denied Response WaivedRelisted (2)IFP court-order criminal-procedure double-jeopardy due-process expungement fourteenth-amendment judicial-interpretation jury-finding jury-instructions rape-conviction Did the honorable Philadelphia Court of Common Pleas Judge Joan A. Brown find the Commonwealth v. Frank Nellom, 565 A.2d 770 (Pa. Super.1989) Court Or…
22-7449 Robert Richard Spurling, III v. Arizona Arizona 2023-05-03 Denied Response WaivedIFP burden-of-proof civil-rights constitutional-interpretation due-process federal-law jury-instructions retroactive-application sexual-abuse state-courts statutory-amendment statutory-interpretation Whether a state court's decision that a state statute prevents the state courts from conducting analysis pursuant to United States Supreme Court prece…
22-7435 Alex Smith v. United States Fourth Circuit 2023-05-01 Denied Response WaivedIFP circuit-split criminal-procedure due-process fifth-amendment jury-instruction jury-instructions reasonable-doubt Does the Due Process Clause of the Fifth Amendment require a trial court to instruct, or refuse to instruct, the Jury on the fundamental meaning of 'B…
22-7397 Daniel Kim v. Massachusetts Massachusetts 2023-04-28 Denied Response WaivedIFP criminal-procedure criminal-speech due-process fighting-words first-amendment free-speech jury-determination jury-instructions speech-protection state-court true-threats Whether a state court is prohibited from unilaterally determining whether a defendant's written speech on his blog is protected or criminal, without h…
22-7351 Leonard Scaggs v. A. Ciolli, Warden Ninth Circuit 2023-04-24 Denied Response WaivedIFP 28-usc-2241 actual-innocence habeas-corpus jury-instructions rosemond-decision savings-clause section-2241 supreme-court-precedent united-states-v-rosemond Whether this Court's decision in United States v. Rosemond was available to petitioner in a motion filed pursuant to 28 U.S.C. § 2241 under the 'savin…
22-7346 John G. Calhoun v. Florida Florida 2023-04-21 Denied Response WaivedIFP criminal-procedure due-process estelle-v-mcguire habeas-corpus jury-instruction jury-instructions legal-precedent lisenba-v-california manslaughter trial-fairness Whether the inaccurate jury instruction on Manslaughter by Act so infused the trial with unfairness as to deny the Petitioner's right to Due Process o…
22-7348 Joel Suarez v. Chris Brewer, Warden Eighth Circuit 2023-04-21 Denied IFP constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel jury-instructions plea-bargaining right-to-counsel sixth-amendment trial-counsel Whether the petitioner received ineffective assistance of counsel due to counsel's failure to obtain an interpreter, ineffective performance in the pl…
22-7333 David Jah, Sr. v. United States Ninth Circuit 2023-04-20 Denied Response WaivedIFP civil-rights commerce-clause criminal-procedure due-process interstate-commerce jury-instruction jury-instructions pro-se-representation sixth-amendment speedy-trial speedy-trial-act government-fabricated-evidence
22-7282 David William Linder v. Brian Lammer, Warden Seventh Circuit 2023-04-14 Denied Response WaivedIFP analogue-drugs controlled-substances criminal-procedure drug-statute federal-cases jury-instructions mens-rea standing supreme-court-rule-14.1(b) Can the drug death statute, 21 § 841(b)(1)(c) be enlarged to include analogue drugs?
22-7292 Jason Edward Simpson v. United States Fifth Circuit 2023-04-14 Denied Response WaivedIFP 21-usc-841 controlled-substances-act criminal-procedure due-process jury-finding jury-instructions knowledge-element mens-rea reasonable-doubt statutory-minimum-maximum statutory-sentencing Whether a conviction of a substantive offense under 21 U.S.C. § 841 requires jury finding of defendant's knowledge of drug type and quantity
22-7215 Robert William Wazney v. South Carolina South Carolina 2023-04-05 Dismissed Response WaivedRelisted (2)IFP appellate-procedure constitutional-review criminal-procedure direct-review due-process exhaustion-of-remedies jury-instructions post-conviction-relief retroactivity state-court-jurisdiction Did the trial court have jurisdiction to convict the petitioner?
22-966 Cavanta McLilly v. Adam Douglas, Warden Sixth Circuit 2023-04-05 Denied Response Waived alleyne-violation criminal-procedure due-process evidence harmless-error jury-instructions jury-verdict police-testimony sentencing-review standard-of-review surveillance-video Whether police testimony identifying Mr. McLilly as the perpetrator seen on a surveillance video from the crime scene had a substantial and injurious …
22-7158 Reginald Langston Luster v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2023-03-30 Denied Response WaivedIFP certificate-of-appealability habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-instructions prejudice right-to-testify stand-your-ground trial-counsel whether-petitioner-luster-is-entitled-to-a-certificate-of-appealability
22-7124 Ricky Lee Scott v. Dexter Payne, Director, Arkansas Division of Correction Arkansas 2023-03-28 Denied Response WaivedIFP constitutional-violation due-process first-degree-murder jury-instructions life-imprisonment state-procedural-default trial-error waiver Whether petitioner's right to due process was violated
22-7024 In Re Kevin Ogden 2023-03-16 Denied IFP civil-rights constitutional-law constitutional-rights criminal-law criminal-statute due-process insufficient-evidence jury-instructions legal-interpretation statutory-interpretation Whether the evidence was insufficient to convict the defendant
22-6968 Thomas Marmolejos v. United States Second Circuit 2023-03-08 Denied Response WaivedIFP crime-of-violence crimes-of-violence criminal-procedure due-process jury-instruction jury-instructions legal-error predicate-offense section-924(c) section-924(j) sentencing Can a section 924(c) and 924(j) charge that alleges multiple predicates stand when one or more of the predicates no longer qualifies as a crime of vio…
22-855 Keith Raniere v. United States Second Circuit 2023-03-08 Denied Response Waived cross-examination due-process harmlessness harmlessness-standard judicial-intervention jury-instructions prosecutorial-misconduct sixth-amendment witness-testimony Should a finding of absolute harmlessness be required for an intentional and egregious Sixth Amendment violation?
22-839 Daniel Greer v. Connecticut Connecticut 2023-03-03 Denied Response Waived constitutional-law criminal-procedure due-process evidence jury-instructions propensity propensity-evidence sex-crimes sexual-misconduct Is the Due Process Clause violated when a jury is instructed that evidence of uncharged sexual misconduct is admissible to prove propensity, even thou…
22-6893 James Alvin Chaney, aka Ace Chaney v. United States Sixth Circuit 2023-03-01 Denied Response WaivedIFP burden-of-proof court-officers criminal-procedure due-process evidentiary-hearing ex-parte-discussions juror-misconduct jury-instructions united-states-v-ruan unrecorded-ex-parte-discussions In light of United States v. Ruan, were the jury instructions in Chaney incorrect and should Dr. Chaney's conviction be vacated?
22-6901 Brandon L. Johnson v. Illinois Illinois 2023-03-01 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process fifth-amendment fourteenth-amendment illinois-constitution ineffective-assistance ineffective-assistance-of-counsel jury-instructions knowingly-standard seventh-amendment Whether the State violated the Due Process clause
22-6828 Luis Espinoza v. Tammy Foss, Warden Ninth Circuit 2023-02-22 Denied Response WaivedIFP 14th-amendment 6th-amendment confrontation-clause criminal-procedure due-process fourteenth-amendment jury-instructions prosecutorial-misconduct sixth-amendment witness-testimony Were Mr. Espinoza's Sixth and Fourteenth Amendment rights violated?
22-6835 Deon'te Reed v. United States Ninth Circuit 2023-02-22 Denied Response WaivedIFP 924c-conviction brecht-standard conspiracy-liability criminal-procedure drug-trafficking due-process harmless-error jury-instruction jury-instructions robbery-conspiracy stromberg-error Whether the Ninth Circuit erred in disregarding the prejudice resulting from Stromberg error and instead applying a per se harmless error test based o…
22-6747 Jimmy Wayne Guinard v. Kris Mayes, Attorney General of Arizona, et al. Ninth Circuit 2023-02-10 Denied IFP civil-rights constitutional-rights criminal-procedure due-process evidence-suppression fair-trial jury-instructions prosecutorial-misconduct sentencing vouching Did the Trial Judge's labeling petitioner as a sex offender to the jury when he had never been charged with such offenses and was charged with drug of…
22-6661 Brent Allen Morris v. Oklahoma Oklahoma 2023-02-01 Denied Response RequestedRelisted (2)IFP amendment-of-charges assault-and-battery due-process intent-to-kill jury-instructions preliminary-hearing Whether the trial court's amendment of the charge against the petitioner from 'Assault and Battery with Intent to Kill' to 'Assault and Battery with F…
22-6681 Shane Swindall Chambers v. Fredeane Artis, Acting Warden Sixth Circuit 2023-02-01 Denied Response WaivedIFP actus-reus constitutional-rights criminal-procedure due-process evidence jury-instructions mens-rea modus-operandi other-acts-evidence trial-court Whether petitioner was deprived of due process
22-6665 Orlando Cortez-Nieto and Jesus Cervantes-Aguilar v. United States Tenth Circuit 2023-01-31 Denied IFP criminal-procedure double-jeopardy due-process judicial-discretion jury-instructions lesser-included-offenses post-trial-convictions sua-sponte Whether a court may sua sponte enter post-trial convictions on lesser-included offenses that the jury had no authority to return
22-710 James D. Pieron, Jr. v. United States Sixth Circuit 2023-01-31 Denied chapman-v-california circuit-split constitutional-error criminal-procedure due-process harmless-error jury-instructions sixth-circuit statute-of-limitations whether-the-sixth-circuit's-ruling-merits-summary-reversal
22-6647 Randal T. Young v. Leon Hill, Warden Sixth Circuit 2023-01-27 Denied Response WaivedIFP constitutional-rights due-process fair-trial ineffective-assistance-of-counsel jury-instructions prior-bad-acts Was petitioner deprived of his Constitutional right to a fair trial?
22-6624 Daniel Ray Loyd v. Neil McDowell, Warden Ninth Circuit 2023-01-25 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process felony-murder felony-murder-rule ineffective-assistance ineffective-assistance-of-counsel jury-instructions prejudice right-to-counsel state-law-error Whether trial counsel was ineffective by conceding Mr. Loyd's guilt of all charges, including robbery in a felony murder case
22-6547 Kashai Jones v. Illinois Illinois 2023-01-17 Denied Response WaivedIFP constitutional-law criminal-procedure due-process illinois-supreme-court judicial-discretion jury-instructions jury-selection legal-principles plain-error trial-court wainwright-v-witt Whether the Illinois Supreme Court's rule requiring trial courts to ensure that each juror understands the principles of People v. Zehr, 103 Ill. 2d 4…
22-6522 Charvez Brooks v. United States Fourth Circuit 2023-01-11 Denied Response WaivedIFP criminal-procedure direct-appeal due-process federal-courts hobbs-act ineffective-assistance interstate-commerce judicial-discretion jury-instructions reasonable-doubt standard-of-proof Does a federal district court possess meaningful discretion to define 'proof beyond a reasonable doubt' in jury instructions?
22-6467 Louis Antonio Zayas v. United States Third Circuit 2023-01-05 Denied Response WaivedIFP certiorari controlled-substances criminal-procedure criminal-trial directed-verdict due-process evidence-disclosure harmless-error jury-instruction jury-instructions prosecutorial-conduct Whether the erroneous jury instruction on knowledge requirement constituted harmless error
22-587 Maurice Andrews v. District Attorney of Montgomery County, Pennsylvania, et al. Third Circuit 2022-12-27 Denied due-process habeas habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-instruction jury-instructions prejudice-standard sixth-amendment structural-error trial-counsel Whether a habeas petitioner who receives a jury instruction that does not contain any of the essential elements of the offense must show prejudice
22-6340 Ramon Simpson v. United States Eighth Circuit 2022-12-19 Denied Response WaivedIFP aiding-and-abetting criminal-liability custodial-interrogation death-penalty fifth-amendment jury-instructions kidnapping miranda-rights Does a conviction for aiding and abetting kidnapping resulting in death require proof of intent or advance knowledge of death?
22-6319 Francis Boyd v. Bobbi Jo Salamon, Superintendent, State Correctional Institution at Rockview, et al. Third Circuit 2022-12-16 Denied Response WaivedIFP civil-procedure due-process ineffective-assistance-of-counsel jury-instructions second-degree-murder third-degree-murder Did the Third Circuit Court of Appeals misconstrue petitioner's question concerning his claim(s) in denying his petition for a rehearing/rehearing en …
22-6242 William Burke v. Jerry Jefferson, Warden Eleventh Circuit 2022-12-07 Denied Response WaivedIFP aedpa-deference antiterrorism-and-effective-death-penalty-act cumulative-errors due-process habeas-corpus ineffective-assistance-of-counsel jury-instructions jury-trial-rights right-to-jury-trial strickland-standard strickland-v-washington Did the 11th Circuit Court of Appeals fail to adhere to the Strickland-standard-of-review
22-6209 Mayeli Molina v. United States Fifth Circuit 2022-12-02 Denied Response WaivedIFP civil-rights criminal-procedure criminal-trial dual-role-witnesses due-process expert-testimony jury-instructions sentencing sentencing-standards substantial-rights witness-testimony Whether Molina's substantial rights were affected by dual-role testimony
22-508 John O. Green v. United States Fifth Circuit 2022-11-30 Denied Response Waived 18-usc-371 conspiracy conspiracy-to-defraud criminal-law criminal-prosecution defraud-the-united-states federal-agency internal-revenue-service jury-instructions statutory-interpretation Whether a trial court in a conspiracy to defraud prosecution premised on 18 U.S.C. § 371 must instruct the trial jury about the functions of the agenc…
22-6174 Porfirio Duarte-Herrera v. Brian Williams, Warden, et al. Ninth Circuit 2022-11-30 Denied Response WaivedIFP co-defendant-severance constitutional-rights criminal-procedure due-process ineffective-assistance-of-counsel ineffective-counsel jury-instructions ninth-circuit-review severance suppression-of-evidence trial-procedure Did the Ninth Circuit err in denying Mr. Duarte-Herrera's claims of constitutional violations regarding his defense, jury instructions, and failure to…
22-5837 Micah S. Matthews v. Iowa Iowa 2022-10-14 Denied Response WaivedIFP 14th-amendment due-process ineffective-assistance jury-instructions post-conviction-relief state-appellate-court successive-petition summary-judgment unmitigated-claim Is a state appellate court's refusal to allow a petitioner to file a successive petition for Post-Conviction Relief on an unmitigated, meritorious cla…
22-348 Floyd Tayler v. Washington Washington 2022-10-13 Denied Response WaivedRelisted (2) aggravating-factors criminal-procedure criminal-sentencing domestic-violence jury-instruction jury-instructions pattern-aggravator reasonable-doubt statutory-interpretation unanimity Must the jury be unanimously instructed to find each underlying domestic violence incident beyond a reasonable doubt?
22-5834 Jose A. Torres v. Lisa Mitchell, Superintendent, Old Colony Correctional Center, et al. First Circuit 2022-10-13 Denied Response WaivedRelisted (2)IFP appellate-review due-process habeas-corpus ineffective-assistance-of-counsel jury-instructions legal-relief procedural-review standard-of-review trial-error Whether Mr. Torres was entitled to relief or an evidentiary hearing on his claim of ineffective-assistance-of-counsel
22-5777 In Re Adib Eddie Ramez Makdessi 2022-10-06 Dismissed IFP civil-rights constitutional-rights criminal-conviction due-process equal-protection evidence-tampering jury-instructions jury-misconduct prosecutorial-misconduct racial-bias Whether the trial court erred in denying the defendant's Rule 60(b) motion to vacate the conviction based on evidence of prosecutorial misconduct, rac…
22-5779 James Michael Johnson v. United States Fourth Circuit 2022-10-06 Denied Response WaivedIFP conspiracy criminal-procedure due-process evidence evidence-sufficiency jury-instructions money-laundering standard-of-review sufficiency-of-evidence wire-fraud Whether the evidence at trial was insufficient to convict the petitioner of wire fraud and money laundering
22-5719 Shannon Dewayne Reece v. Texas Texas 2022-09-29 Denied IFP aggravated-robbery criminal-conviction double-jeopardy due-process ineffective-assistance ineffective-assistance-of-counsel jury-instructions prosecutorial-misconduct state-court-precedent witness-testimony Can a person be convicted of an offense even after the victim testifies that the defendant is not the person that assaulted or robbed them?
22-5638 Hector Martinez-Robos v. United States Ninth Circuit 2022-09-21 Denied Response WaivedIFP controlled-substances criminal-procedure jury-instructions mandatory-minimum-sentences mens-rea plain-error sentencing statutory-interpretation whether-instructional-error-is-plain
22-5568 Douglas Gordon v. United States First Circuit 2022-09-13 Denied Response WaivedIFP copyright-infringement criminal-conviction criminal-law evidence fair-use first-circuit jury-instructions orphan-works sufficiency-of-evidence willful-conduct Whether the sufficiency of the evidence supported the jury's finding that Mr. Gordon acted willfully
22-5556 Mehmet Ali Whicker v. Washington Washington 2022-09-12 Denied IFP arbitrary-action arbitrary-and-capricious civil-procedure constitutional-rights due-process extraordinary-circumstances jury-instructions legal-procedure standing state-court sua-sponte Whether the Court violated due process by reaching a sua sponte answer to a question not presented
22-5558 Vince Edward LaSane v. United States Eleventh Circuit 2022-09-12 Denied Response WaivedIFP criminal-procedure defense-knowledge due-process felony jury-conviction jury-instructions legal-error minor registration-requirements sex-offender-registration statutory-interpretation Whether the district court erroneously denied Mr. Lasane's request that the jury instruction on Count Two (committing a felony offense involving a min…
22-5523 Lawrence Gaines v. Morris Houser, Superintendent, State Correctional Institution at Benner Township, et al. Third Circuit 2022-09-08 Denied Response WaivedIFP appellate-review constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-instructions no-adverse-inference strategic-decision trial-counsel Whether the court of appeals erred in reversing the district court's decision that trial counsel was ineffective for failing to object to the omission…
22-5464 Barney Adrian Dunlap v. David Mitchell, Superintendent, Lanesboro Correctional Institution Fourth Circuit 2022-08-29 Denied IFP constitutional-rights criminal-procedure due-process federal-constitutional-rights ineffective-assistance jury-instructions lesser-included-offenses state-constitutional-rights Has the trial court erred by refusing to instruct the jury on lesser included offenses supported by the evidence, in violation of Dunlap's state and f…
22-146 Tracy Smith v. Georgia Georgia 2022-08-16 Denied Response Waived constitutional-law constitutional-rights criminal-procedure ineffective-assistance-of-counsel jury-instruction jury-instructions non-unanimous-verdict sixth-amendment trial-counsel Whether it is a violation of the Sixth Amendment for trial counsel to fail to object to a jury instruction that sanctioned a non-unanimous verdict
22-132 Carlos Ruben Ruiz v. Massachusetts Massachusetts 2022-08-10 Denied Response RequestedResponse WaivedRelisted (2) 14th-amendment 5th-amendment criminal-procedure demeanor-evidence due-process fair-trial fifth-amendment fourteenth-amendment jury-instructions Whether the Fifth and Fourteenth Amendments forbid judges (or prosecutors) from instructing (or inviting) the jury to take into account a non-testifyi…
22-5318 Samuel Francis White Horse v. United States Eighth Circuit 2022-08-09 Denied Response WaivedIFP criminal-law due-process evidence jury-instructions obstruction-of-justice statutory-interpretation Does a conviction for Tampering with Evidence require a jury to find that the defendant's conduct would interfere with the due administration of justi…
22-5275 Russell M. Boles v. Jeff Long, Warden, et al. Tenth Circuit 2022-08-03 Denied Relisted (2)IFP case-statement civil-rights constitutional-provisions due-process evidence jurisdictional-issue jury-instructions legal-procedure negligence standard-of-review statutory-provisions writ-of-certiorari Whether the court erred in drawing an adverse inference against the petitioner
22-5225 Craig Anthony Ross v. Ron Bloomfield, Warden Ninth Circuit 2022-07-29 Denied IFP aider-and-abettor aiding-and-abetting cabana-v-bullock death-penalty enmund-v-florida habeas-corpus intent-to-kill jury-instructions murder-first-degree ninth-circuit-review shared-intent Did the Ninth Circuit err under Title 28, United States Code, Section 2254(d)(1) in affirming that the jury instructions given by the California Supre…
22-5170 Cristian Serrano-Delgado v. United States First Circuit 2022-07-25 Denied Response WaivedIFP 18-usc-924 aiding-and-abetting conspiracy crime-of-violence davis-v-united-states hobbs-act hobbs-act-robbery jury-instructions pinkerton-doctrine pinkerton-liability section-924c Can a valid Section 924(c) conviction be based on jury findings that may have been based on Hobbs Act conspiracy, Pinkerton Hobbs Act conspiracy, and …
22-5082 Brian Gonzales v. California California 2022-07-13 Denied Response WaivedIFP burden-of-proof constitutional-rights criminal-procedure due-process jury-instructions reasonable-doubt winship Does the failure to instruct juries in criminal trials that the prosecution must prove each element of the charged crime beyond a reasonable doubt vio…
21-8287 Michael D. Phillips v. Florida Florida 2022-06-29 Denied IFP burglary civil-rights criminal-intent criminal-procedure due-process evidence evidence-sufficiency jury-instructions prosecutorial-burden reasonable-doubt sentencing Did the prosecutor ever prove all prongs and elements for being a felon in possession?
21-8215 Nathaniel Ausbie v. United States Fifth Circuit 2022-06-23 Denied Response WaivedIFP appellate-review court-of-appeals criminal-conviction criminal-procedure due-process government-theory jury-instructions legal-review sufficiency-of-evidence When a defendant challenges the sufficiency of the evidence for his conviction, may a court of appeals affirm based on a theory different from the one…
21-8216 Roy Lee Dykes v. United States Fourth Circuit 2022-06-23 Denied Response WaivedIFP appeal criminal-procedure due-process evidence jury-instructions sentencing Whether the Fourth Circuit erred in affirming the district court's rulings on the defendant's motions regarding weapons evidence, prejudicial testimon…
21-8116 Demarco Tempo v. United States Sixth Circuit 2022-06-10 Denied Response WaivedIFP but-for-causation causation criminal-law death-enhancement drug-statute due-process jury-instructions pinkerton-liability proximate-cause sentencing statutory-interpretation Should the government be required to prove proximate cause in addition to but-for causation for the 'death results' enhancement in 21 U.S.C. § 841?
21-1531 Korry L. Ardell v. Joshua Kaul, Attorney General of Wisconsin Seventh Circuit 2022-06-07 Denied Response Waived constitutional-rights criminal-procedure due-process first-amendment free-speech habeas-corpus jury-instructions procedural-default stalking Did the jury instructions deny the defendant his constitutional right to a jury finding beyond a reasonable doubt of all facts necessary for convictio…
21-8044 Bobby Dewayne Thompson, II v. United States Ninth Circuit 2022-06-03 Denied Response WaivedIFP constitutional-rights criminal-defense due-process firearm-possession ineffective-assistance ineffective-assistance-of-counsel jury-instructions right-to-counsel second-amendment trial-strategy Did trial counsel entirely fail to present a defense to illegally possessing a firearm by conceding that Thompson possessed a gun when the court's ins…
21-8039 George Munoz, Jr. v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2022-06-02 Denied IFP appellate-review criminal-homicide criminal-procedure different-outcome evidence-limitation ineffective-assistance-of-counsel jury-instructions motion-for-new-trial prejudice reasonable-likelihood trial Whether a defendant is required to show a reasonable likelihood of a different outcome at trial to establish prejudice from ineffective assistance of …
21-7986 Stephen Gosch v. Florida Florida 2022-05-27 Denied IFP constitutional-rights criminal-procedure due-process evidence evidence-disclosure fourteenth-amendment jury-instruction jury-instructions prosecutorial-misconduct state-court Did the state court violate the petitioner's right to due process of law as guaranteed by the Fourteenth Amendment?
21-7940 Jason P. Thomas v. Morris Houser, Superintendent, State Correctional Institution at Benner Township, et al. Third Circuit 2022-05-23 Denied IFP criminal-procedure double-jeopardy evidentiary-hearing fabricated-evidence ineffective-assistance jury-instruction jury-instructions prosecutorial-misconduct sentencing Whether the District Court erred in disposing of Petitioner's claim of ineffective assistance of trial counsel surrounding the failure to litigate a v…
21-7923 Charles K. Topping and J. W. Long, aka James Wayne Long v. United States Eleventh Circuit 2022-05-20 Denied Response WaivedIFP constructive-amendment criminal-procedure due-process essential-element fraud-scheme jury-instructions prosecutorial-misconduct theory-of-defense Where the district court's instructions to the jury in a criminal case provide—as part of the theory of defense instruction—an explanation of an essen…
21-7918 Jaime Gonzalo Castiblanco Cabalcante v. United States Fifth Circuit 2022-05-19 Denied Response WaivedIFP appellate-review constitutional-rights criminal-procedure due-process fifth-circuit harmless-error jury-deliberations jury-instructions knowledge-element Did the Fifth Circuit Court of Appeals err in finding that Castiblaneo failed to state a valid claim of the denial of a constitutional right?
21-7911 Lincoln Dille, aka Lincoln Dille II v. Mississippi Mississippi 2022-05-18 Denied Response WaivedIFP civil-rights constitutional-rights due-process equal-protection evidence-sufficiency jury-instructions jury-selection racial-discrimination speedy-trial standing whether-the-state-used-all-of-its-peremptory-challenges-against-african-american-jurors
21-7858 Larry Lewis v. Mississippi Fifth Circuit 2022-05-12 Denied Response WaivedRelisted (2)IFP 14th-amendment 5th-amendment 6th-amendment constitutional-rights criminal-procedure due-process evidence-sufficiency grand-jury indictment ineffective-assistance-of-counsel jury-instructions Whether the indictment was defective in count 1 and 2 under state law, whether the indictment failed to specify the date and place of the alleged crim…
21-7830 Daniel Paul Starr v. United States District Court for the Northern District of Oklahoma Tenth Circuit 2022-05-10 Denied Relisted (2)IFP civil-rights criminal-procedure double-jeopardy due-process judicial-communication judicial-misconduct jury-instructions jury-note jury-unanimity trial-conduct Whether the trial court erred in allowing the jury to convict the defendant on a lesser charge (misdemeanor) despite the indictment for a felony charg…
21-7803 Frank Jauron Stringfellow v. Louisiana Louisiana 2022-05-09 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process intoxication-defense jury-instructions non-unanimous-verdict supreme-court-review Whether the Louisiana Supreme Court, Louisiana Second Circuit Court of Appeal and the trial court erred in denying Frank Stringfellow's constitutional…
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
21-1392 Abigail Simon v. Jeremy Howard, Warden Sixth Circuit 2022-04-29 Denied Response Waived actus-reus certiorari-review criminal-law criminal-sexual-conduct due-process jury-instructions legal-error sexual-assault standard-of-review trial-court Whether the state trial court judge gave erroneous jury instructions on the critical actus reus element of the crime of criminal sexual conduct
21-7739 Kendall Whitaker v. Patricia A. Coyne-Fague, Warden First Circuit 2022-04-28 Denied Response WaivedIFP 14th-amendment 6th-amendment aiding-and-abetting civil-rights due-process fourteenth-amendment ineffective-assistance jury-instructions sixth-amendment Whether the petitioner was denied effective assistance of counsel due to failure to object and preserve for appeal jury instructions on the elements o…
21-7643 Daniel Trejo v. Kathleen Allison, Secretary, California Department of Corrections and Rehabilitation Ninth Circuit 2022-04-18 Denied IFP appellate-review criminal-conviction criminal-law due-process duress fourth-district-court jury-instructions penal-code statutory-interpretation Whether the statutory definition of duress under Penal Code Sections 26 and 288 is analogous
21-1352 Vivian Tat, aka Vivian Lnu v. United States Ninth Circuit 2022-04-14 Denied Response Waived appellate-review circuit-split criminal-procedure fundamental-rights jury-instructions plain-error-review rogers-error rogers-v-united-states standard-of-review Does plain error review govern claims of Rogers error on appeal, as the Ninth Circuit held below, or are such claims reviewed for harmlessness beyond …
21-7613 James Edward Williams v. Illinois Illinois 2022-04-13 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process evidence hearsay hearsay-evidence jury-instructions prior-bad-acts propensity Whether the jury can be instructed to consider hearsay evidence and propensity evidence to commit murder despite prior rulings on hearsay and prior ba…
21-7569 Miguel Scott Arnold v. United States Third Circuit 2022-04-07 Denied Response WaivedIFP criminal-law criminal-procedure due-process federal-statute human-trafficking jury-instructions rule-of-lenity statutory-interpretation third-circuit-court third-circuit-court-of-appeals unit-of-prosecution allowable-unit-of-prosecution-for-18-usc-1591(a)
21-7526 Adam C. Morris v. Illinois Illinois 2022-04-01 Denied IFP criminal-procedure due-process firearm-enhancement interrogatory-issue jury-instructions material-fact material-facts right-to-jury-trial sentencing-enhancement sentencing-procedure verdict-control Did the court err in considering the argument that the separate interrogatory is an issue of material fact and that the jury had no knowledge of infor…
21-7459 Robbie Catchings, aka Robert Brown, aka Robbie Catching v. United States Ninth Circuit 2022-03-24 Denied Response WaivedIFP criminal-law criminal-statute due-process evidence-sufficiency federal-law firearm-possession firearms jury-instructions jury-verdict knowingly-possessed statutory-interpretation sufficiency-of-evidence Whether sufficient evidence supported the jury's verdict that petitioner knowingly possessed a firearm, in violation of 18 U.S.C. § 922(g)
21-7444 Fnu John Sadiqullah v. United States Sixth Circuit 2022-03-23 Denied Response WaivedIFP burden-of-proof criminal-law criminal-procedure entrapment entrapment-defense government-agent-conduct inducement jury-instructions predisposition When a defendant requests a jury instruction on the affirmative defense of entrapment, what must be proven by the defendant to be entitled to such ins…
21-7403 James Calvin Breeden v. United States Fourth Circuit 2022-03-17 Denied Response WaivedIFP criminal-law criminal-procedure felon-in-possession firearm-possession jury-instructions mens-rea rehaif-standard rehaif-v-united-states rule-29 rule-29-motion Whether the district court erred under Rehaif v. United States by denying requested jury instructions and a Rule 29 motion for acquittal on the felon-…
21-7369 Dannie Simon Parker, Jr. v. United States Fourth Circuit 2022-03-15 Denied Response WaivedIFP administrative-law administrative-proceedings agency-action bank-robbery criminal-procedure due-process judicial-review jury-instructions precedent statutory-interpretation substantial-rights Whether the acting Leon Vhs Corl in Cape v. United States, 556 U.S. 255, 268, 129 S.Ct. 2155, 173 L.Ed.2d 1208 (2008), trial court's robbery under 18 …
21-7356 Stacey Tremaine Johnson v. United States Fourth Circuit 2022-03-14 Denied Response WaivedIFP criminal-procedure drug-trafficking due-process evidence firearm-possession guideline-calculation jury-instruction jury-instructions sentencing sentencing-reasonableness standard-of-proof uncharged-conduct Whether there was sufficient evidence for the jury to find the petitioner guilty of drug-trafficking,firearm-possession
21-7323 Russell Hampton v. United States Second Circuit 2022-03-09 Denied Response WaivedIFP appellate-review conspiracy jury-instructions juvenile-delinquency juvenile-delinquency-act post-majority-misconduct presentence-report presumption-of-retaliation sentencing-guidelines Whether a jury must be instructed that it cannot convict unless it finds the defendant 'ratified' his participation in a charged conspiracy by post-ma…
21-7321 Eric Labreece Mack v. Texas Texas 2022-03-08 Denied IFP appeal criminal-procedure due-process evidence jury-instructions sentencing standard-of-review Whether the court of appeals erred in finding that Mr. Mack was not entitled to a defensive jury instruction
21-7297 Jaime B. Garcia v. Warren L. Montgomery, Warden Ninth Circuit 2022-03-07 Denied Response WaivedIFP certificate-of-appealability criminal-procedure due-process first-degree-murder habeas-corpus jury-instructions legal-theory prosecutorial-concession reasonable-jurists standard-of-review Whether a certificate of appealability should have been issued when the jury was instructed on an invalid legal theory to convict the petitioner of fi…
21-7267 William Roy Thietje v. Ken Clark, Warden Ninth Circuit 2022-03-03 Denied IFP due-process harmless-error intervening-cause jury-instructions malice malice-aforethought provocative-act-murder sixth-amendment Due-process,jury-instructions,provocative-act-murder,intervening-cause,malice,harmless-error
21-7255 James Robert Hope v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2022-03-02 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process exculpatory-evidence jurisdiction jury-instructions mistrial prejudice prosecutorial-misconduct standing Whether the lower courts erred in finding that Mr. Hope was not prejudiced by mistrial counters due to his failure to object to the trial court's lack…
21-7260 George K. Mackie v. Massachusetts Massachusetts 2022-03-02 Denied Response WaivedIFP closing-argument criminal-procedure impeachment ineffective-assistance ineffective-assistance-of-counsel jury-instructions miscarriage-of-justice prosecutorial-misconduct reasonable-doubt Did the appeals court err in holding that the error-laden closing argument by the prosecutor, taken in its totality, create a substantial risk of a mi…
21-7224 Johnathan I. Alcegaire v. Florida Florida 2022-02-28 Denied IFP capital-case capital-punishment due-process false-evidence false-testimony giglio giglio-claim jury-instructions jury-prejudice prosecutorial-misconduct Whether the Florida Supreme Court ignored fundamental principles of due process in rejecting the petitioner's Giglio claim and whether there is a reas…
21-7133 Francis P. Salemme v. United States First Circuit 2022-02-16 Denied Response WaivedIFP accessorial-liability accessory-after-the-fact aiding-and-abetting criminal-procedure due-process jury-instruction jury-instructions legal-precedent middleton-v-mcneil Whether the jury instruction regarding accessorial liability that fails to distinguish between aiding and abetting liability and accessory after the f…
21-1135 Goyko Gustav Kuburovich v. United States Ninth Circuit 2022-02-16 Denied Response Waived bankruptcy bankruptcy-fraud criminal-procedure due-process false-statements federal-prosecution fraud jury-instructions jury-unanimity statutory-interpretation sua-sponte Whether a district court has an obligation to issue a sua sponte jury unanimity instruction when a criminal defendant is prosecuted for a single count…
21-7119 Victor Carlos Castano v. United States Sixth Circuit 2022-02-15 Denied IFP burden-of-proof criminal-procedure enterprise fifth-amendment grand-jury jury-instructions proffer-agreement rico-conspiracy sentencing sentencing-enhancement Whether the government was impermissibly relieved of its burden to prove each element of RICO Conspiracy
21-7122 Thomas Warner v. Illinois Illinois 2022-02-15 Denied IFP aggravated-battery criminal-conviction criminal-procedure due-process evidence evidentiary-sufficiency firearm-discharge jury-instructions sentencing state-testimony witness-credibility Whether Thomas Warner's convictions for aggravated battery with a firearm should be reversed
21-7126 Quincy Deshan Butler v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2022-02-15 Denied Relisted (2)IFP aggravated-offense constitutional-rights criminal-sentencing due-process ineffective-assistance-of-counsel jury-instructions plain-error-review procedural-due-process prosecutorial-misconduct sentencing-enhancement texas-law Whether Cortificate of APPEALABILETY SHOULD HAVE BREA GeenTen?
21-7095 Paul Anthony Darrah v. United States Sixth Circuit 2022-02-10 Denied IFP enterprise enterprise-existence first-amendment fourth-amendment free-speech jury-instruction jury-instructions necessity-requirement rico-conspiracy title-iii-wiretap wiretap-authorization Should the jury have been allowed to convict on the hypothetical existence of a RICO enterprise?
21-7084 Dwight David Jordan v. Florida Florida 2022-02-09 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process indictment jury-instructions legal-precedent lesser-included-offense principal-liability waiver Whether the court can depart from clearly established law on case by case basis?
21-1089 Jeff Garvin Smith, Cary Dale Vandiver, Patrick Michael McKeoun, David Randy Drozdowski, and Vincent John Witort v. United States Sixth Circuit 2022-02-07 Denied Criminal-Procedure Due-Process First-Amendment Free-Speech hypothetical-elements jury-instruction Jury-Instructions RICO-Conspiracy sixth-circuit-precedent Should the jury have been allowed to convict the defendants on the hypothetical existence of all of the elements of a RICO Conspiracy?
21-7055 Eugene Willis v. United States Eleventh Circuit 2022-02-03 Denied Response WaivedIFP brandishing carjacking carjacking-statute criminal-intent due-process-rights firearm ineffective-assistance ineffective-assistance-of-counsel intent judgment-of-acquittal jury-instructions statutory-interpretation Whether an attorney was ineffective for failing to argue the government failed to prove intent under 18 U.S.C. § 2119(a)
21-6999 Sharoc Richardson v. Sherman Campbell, Warden Sixth Circuit 2022-01-31 Denied Response WaivedIFP criminal-procedure defense-witnesses due-process ineffective-assistance-of-counsel jury-instruction jury-instructions prosecutorial-misconduct right-to-a-fair-trial trial-court-error witness-cross-examination Did the trial court err in failing to instruct the jury on involuntary manslaughter?
21-7014 Vicente Lopez-Sanchez v. United States Fifth Circuit 2022-01-31 Denied Response WaivedIFP assault criminal-intent criminal-procedure due-process jury-instruction jury-instructions law-enforcement mens-rea Whether the district court erred by denying the defense's jury instruction
21-6993 Damon Willis v. United States Eighth Circuit 2022-01-27 Denied Response WaivedIFP 2nd-amendment criminal-law due-process fifth-amendment firearm-possession firearms jury-instruction jury-instructions prohibited-status rehaif-v-united-states sixth-amendment sovereign-citizen Does Rehaif v. United States preclude a jury instruction that the federal government must prove a defendant knew his prohibited status made it illegal…
21-6915 Maxwell Gaffney v. United States Ninth Circuit 2022-01-20 Denied Response WaivedIFP burden-of-proof causation criminal-law criminal-statute drug-distribution drug-trafficking federal-law foreseeability judicial-review jury-instructions proximate-cause sentencing Whether the enhanced penalty provision of 21 U.S.C. §841(b)(1)(C) requires a showing of proximate causation
21-1001 Hakim Bey v. John Rivello, Superintendent, State Correctional Institution at Huntingdon, et al. Third Circuit 2022-01-14 Denied Response Waived burden-of-proof constitutional-challenge constitutional-law criminal-law criminal-procedure due-process jury-instruction jury-instructions reasonable-doubt Whether a jury instruction is unconstitutional if there is a reasonable likelihood that the jury understood it to allow conviction without proof beyon…
21-6822 James Edward Barber v. John Q. Hamm, Commissioner, Alabama Department of Corrections Eleventh Circuit 2022-01-12 Denied IFP aggravating-evidence capital-sentencing ineffective-assistance-of-counsel jury-instructions mental-health-evidence mitigation-evidence prejudice prejudice-standard split-verdict What is the proper legal standard for assessing the prejudice resulting from deficient assistance of counsel in capital sentencing proceedings, partic…
21-6833 Jason Lee Sarabia v. United States Fifth Circuit 2022-01-12 Denied Response WaivedIFP circuit-split criminal-procedure double-jeopardy evidence-standard fifth-circuit jury-conviction jury-instructions lesser-included-offenses multiplicity Do convictions of greater and lesser-included offenses violate the Double Jeopardy Clause when the prosecution uses the same evidence to obtain both c…
21-980 Brad Jennings v. Daniel F. Nash, et al. Eighth Circuit 2022-01-10 Denied Response WaivedRelisted (2) evidentiary-doctrine federal-rules-of-evidence jury-instructions opening-the-door prejudicial-effect probative-value rule-403 summary-judgment Does the doctrine of 'opening the door' require the traditional Federal Rules of Evidence Rule 403 balancing of probative value versus prejudicial eff…
21-6742 Raudel Salgado-Rodriguez v. United States Fifth Circuit 2021-12-29 Denied Response WaivedIFP credibility-of-evidence criminal-procedure due-process evidence-credibility fair-trial judicial-discretion jury-instruction jury-instructions theory-of-defense Whether it violates an accused's right to a fundamentally fair trial to have a judge refuse a theory-of-defense jury instruction because the judge per…
21-6736 Steven R. Henson v. United States Tenth Circuit 2021-12-28 GVR Relisted (2)IFP actual-knowledge appellate-review criminal-intent criminal-procedure deliberate-ignorance harmless-error jury-instructions medical-practitioner prescription-liability statutory-interpretation sufficiency-of-evidence willful-blindness Whether the erroneous issuance of a deliberate ignorance or willful blindness instruction is harmless as a matter of law and beyond appellate review w…
21-6701 Nakyia D. Parker v. Douglas Fender, Warden Sixth Circuit 2021-12-22 Denied Response WaivedIFP consecutive-sentences constitutional-rights constructive-possession criminal-evidence due-process fair-trial jury-instructions motion-to-suppress sentencing-error sufficiency-of-evidence Whether Parker was denied a fair and impartial trial due to several major constitutional and due process right violations
21-6681 Eric Michael Crapser v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2021-12-20 Denied IFP circuit-split criminal-procedure ineffective-assistance ineffective-assistance-of-counsel jury-instruction jury-instructions lesser-included-offense sixth-amendment strickland-standard strickland-v-washington Whether the Court should resolve the clear circuit split on whether Strickland-v-Washington prohibits a criminal defendant from obtaining relief due t…
21-6664 Robert Breest v. John M. Formella, Attorney General of New Hampshire First Circuit 2021-12-17 Dismissed Response WaivedRelisted (2)IFP appellate-review constitutional-error due-process habeas-corpus habeas-relief ineffective-assistance ineffective-assistance-of-counsel jury-instruction jury-instructions reasonable-doubt sullivan-v-louisiana Did the First Circuit err in denying Robert Breest relief from judgment pertaining to the First Circuit's 1981 holding in Breest v. Perrin, 655 F.2d 1…
21-6637 Kenan Ivery v. Ohio Ohio 2021-12-16 Denied IFP appellate-procedure application-for-reopening due-process equal-protection ineffective-assistance ineffective-assistance-of-counsel jury-instructions ohio-law procedural-dismissal state-court-of-appeals Is a petitioner denied due-process and equal-protection when the state-court-of-appeals procedurally-dismisses his application-for-reopening
21-876 John G. Williams, Jr. v. United States Eleventh Circuit 2021-12-14 Denied Response Waived criminal-liability due-process general-verdict jury-instructions jury-verdict legal-sufficiency wire-fraud yates-rule Whether a general guilty verdict on charges of wire fraud must be set aside on Due Process grounds if the jury could have or might have found guilt ba…
21-6510 Luis Solis-Vasquez v. United States First Circuit 2021-12-03 Denied Response WaivedIFP crime-of-violence criminal-procedure due-process elements-of-offense federal-statute jury-determination jury-instructions mandatory-victim-restitution RICO rico-offense state-law state-law-predicates Whether state law RICO predicates are elements of a RICO offense that must be found by the jury
21-6434 Robert Alan Fratta v. Texas Texas 2021-11-29 Denied IFP aiding-and-abetting constitutional-violation criminal-procedure due-process habeas-corpus indictment jury-charge jury-instructions law-of-parties Can a law of parties (or aiding and abetting) be added to a jury charge when a person is indicted as the only actor to commit an offense?
21-6328 Scottie D. Allen v. Florida Florida 2021-11-18 Denied IFP capital-sentencing criminal-procedure due-process eighth-amendment jury-instructions reasonable-doubt sentencing standard-of-proof Whether the Florida Supreme Court's rejection of Petitioner's claim of error based on the jury being affirmatively misinformed about its role in the s…
21-6265 Jonathan Barrett v. United States Sixth Circuit 2021-11-15 Denied Response WaivedIFP buyer-seller buyer-seller-instruction circuit-conflict conspiracy constitutional-rights criminal-defense criminal-law drug drug-conspiracy due-process jury-instructions Whether a defendant's constitutional right to present an effective legally acceptable defense is violated when the district court wrongfully declines …
21-706 Joel Iverson Gilbert v. United States Eleventh Circuit 2021-11-15 Denied bribery bribery-statute federal-bribery-laws first-amendment issue-advocacy jury-instruction jury-instructions official-action prosecutorial-standard Whether the government must prove explicit link between issue-advocacy payments and official action in bribery prosecution
21-6230 In Re Billy John Roberson 2021-11-10 Denied IFP 2nd-amendment aggravated-assault conflict-of-interest criminal-procedure due-process evidence-sufficiency judicial-conflict jury-instructions penal-code texas-penal-code Whether the petitioner was wrongfully convicted of aggravated assault with a deadly weapon despite not owning or having access to a firearm
21-6115 Jaime Mayorga v. United States Ninth Circuit 2021-10-28 Denied Response WaivedIFP chapman-v-california criminal-conviction criminal-procedure harmless-error intent-to-defraud jury-instruction jury-instructions ninth-circuit statutory-interpretation united-states-v-neder Did the Ninth Circuit's disposition of Petitioner's instructional error claim, which did not examine evidence Petitioner proffered regarding his lack …
21-6102 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
21-6063 Jason William Custer v. Scott R. Frakes, Director, Nebraska Department of Correctional Services, et al. Eighth Circuit 2021-10-22 Denied Response WaivedIFP 5th-6th-14th-amendments due-process equal-protection ineffective-assistance ineffective-assistance-of-counsel jury-instructions miranda-rights pauper-defendant postconviction procedural-bar self-defense When trial and direct appeal counsel are one and the same, can a pauper defendant's due process rights be undermined when the state refuses to appoint…
21-579 Kenneth Eugene Smith v. John Q. Hamm, Commissioner, Alabama Department of Corrections, et al. Eleventh Circuit 2021-10-20 Denied accomplice-liability burden-of-proof capital-sentencing constitutional-rights due-process eighth-amendment fourteenth-amendment jury-instructions jury-trial sixth-amendment specific-intent Under Waddington v. Sarausad, does a general jury instruction on accomplice liability relieve the State of its burden to prove specific intent beyond …
21-6002 Mario Bachiller v. United States Eleventh Circuit 2021-10-19 Denied Response WaivedIFP constitutional-vagueness criminal-procedure due-process harmless-error jury-conviction jury-instructions predicate-offense statutory-interpretation united-states-v-davis Whether a conviction under 18 U.S.C. § 924(c)(1)(A) may be sustained based on the reviewing court's finding that the jury relied equally on a valid pr…
21-5989 Jeffrey G. Boyd v. United States Third Circuit 2021-10-18 Denied Response WaivedIFP burden-of-proof circuit-split contested-element criminal-procedure due-process harmless-error jury-instruction jury-instructions knowledge-element standard-of-review Whether the harmless error standard should apply to a failure to instruct the jury on a contested element of the offense
21-431 Grant Lloyd Greenwood v. Minnesota Minnesota 2021-09-21 Denied Response Waived due-process effective-assistance-of-counsel fourteenth-amendment jury-instruction jury-instructions prosecutorial-misconduct sixth-amendment Whether a defendant's Sixth Amendment right to effective assistance of appellate counsel, and Fourteenth Amendment right to due process, are violated
21-5658 Elias G. Montalvo v. Isidro Baca, Warden, et al. Ninth Circuit 2021-09-13 Denied Response WaivedIFP constitutional-search criminal-procedure due-process fourth-amendment habeas-corpus jury-instructions lesser-included-offense motion-to-suppress open-murder voluntary-manslaughter Did the trial court commit reversible error by failing to instruct the jury on Voluntary Manslaughter as a lesser-included offense of Open Murder?
21-5642 Terry Dibble v. Deanna Brookhart, Warden Seventh Circuit 2021-09-10 Denied Response WaivedIFP appellate-review burglary certificate-of-appealability district-court-conclusion due-process habeas-corpus judicial-discretion jury-instructions legal-standard reasonable-jurists residential-burglary Did Mr. Dibble present a ground for relief as to which reasonable jurists could differ concerning the correctness of the district court's conclusion, …
21-5610 Willie M. Hardy, Jr. v. United States Fourth Circuit 2021-09-09 Denied Response WaivedIFP career-offender confession crime-of-violence criminal-law drug-trafficking due-process firearm-possession jury-instructions malicious-wounding sentencing sentencing-factor sufficiency-of-evidence Whether Virginia Code 18.2-51 is a crime of violence
21-5596 Carl William Frazier v. California California 2021-09-08 Denied IFP 5th-amendment criminal-negligence due-process involuntary-manslaughter jury-instructions knife-assault lesser-included-offense self-defense sua-sponte-instruction Whether a defendant's use of a knife for the purpose of unreasonable self-defense can support a jury instruction on the lesser-included offense of inv…
21-5599 Robert Nathan Hensley v. United States Eighth Circuit 2021-09-08 Denied Response WaivedIFP 2nd-amendment civil-rights criminal-procedure due-process ineffective-assistance-of-counsel jury-instructions Whether the petitioner's conviction for possession of a firearm by a felon was unconstitutional due to ineffective assistance of counsel and improper …
21-5611 In Re Andrew James Johnston 2021-09-08 Dismissed IFP attempted-crime bank-robbery civil-rights criminal-procedure cross-examination due-process intimidation jury-instructions prosecutorial-discretion Whether the district court erred in instructing the jury on the elements of attempted bank robbery under 18 U.S.C. § 2113(a) when the evidence did not…
21-5553 F. Daly v. Maine Maine 2021-09-03 Denied Response WaivedIFP beyond-reasonable-doubt boyde-v-california burden-of-proof constitutional-standard criminal-procedure due-process jury-instructions standard-of-proof sullivan-v-louisiana witness-testimony Whether the jury instruction misdescribes the standard of proof, resulting in a reasonable likelihood of unconstitutional application
21-5566 Razhden Shulaya v. United States Second Circuit 2021-09-02 Denied Response WaivedIFP constitutional-rights counsel-interference due-process judicial-bias jury-instruction jury-instructions right-to-counsel structural-error trial-procedure Whether the United States District Court for the Southern District of New York provided a constitutionally flawed trial and committed structural error…
21-5485 Yamilet Diaz v. United States Eleventh Circuit 2021-08-25 Denied Response WaivedIFP anti-kickback conspiracy criminal-liability due-process federal-health-care government-burden-of-proof intended-victim jury-instructions medicare-fraud Whether jury instructions control the validity of a conviction rather than case law
21-5451 John M. Wasson v. United States Ninth Circuit 2021-08-23 Denied Response WaivedIFP appeal criminal-procedure criminal-trial due-process ineffective-assistance ineffective-assistance-of-counsel jury-instructions legal-counsel mining-claim right-to-counsel Was defendant provided adequate counsel?
21-243 James Warner v. United States Sixth Circuit 2021-08-18 Denied bribery-statute constructive-amendment criminal-procedure indictment indictment-modification jury-instruction jury-instructions plain-error substantial-rights Whether the constructive amendment of an indictment by an erroneous jury instruction, stating that conspiracy counts alleged agreements to violate a d…
21-5371 James Roland Henderson v. California California 2021-08-13 Denied IFP criminal-intent criminal-procedure evidence-exclusion familial-violence first-degree-murder homicide imperfect-self-defense jury-instructions parental-relationship religious-beliefs self-defense special-circumstances Whether the trial court improperly instructed the jury with a pinpoint instruction on imperfect self-defense
21-5342 Jamerl M. Wortham v. United States Eighth Circuit 2021-08-11 Denied Response WaivedIFP appellate-review essential-element jury-instruction jury-instructions sixth-amendment unanimous-verdict waiver Whether a defendant waives appellate review of his Sixth Amendment right to a unanimous verdict when the government and defense counsel jointly submit…
21-183 Gas Pipe, Inc., et al. v. United States Fifth Circuit 2021-08-09 Denied appellate-review conspiracy conspiracy-to-defraud constitutional-error criminal-law defraud-clause government-function harmless-error jury-instruction jury-instructions Whether 18 U.S.C. § 371's defraud clause reaches any conspiracy whose object is to interfere with any lawful government function, even if not targeted…
21-5303 William Pruitt v. United States Eleventh Circuit 2021-08-06 Denied Response WaivedIFP allen-charge burden-of-proof criminal-procedure due-process judicial-error judicial-instruction jury-coercion jury-deadlock jury-instructions retrial trial-procedure Whether the appeals court erred in affirming the use of its pattern modified 'Allen' charge with a deadlocked jury
21-5315 Rafael Arturo Coto Chinchilla v. Louisiana Louisiana 2021-08-06 Denied Response WaivedIFP closing-arguments criminal-procedure due-process evidence-sufficiency jury-instructions prosecutorial-misconduct sufficiency-of-evidence trial-error Was the evidence sufficient to support the guilty verdict?
21-169 James Gatto, et al. v. United States Second Circuit 2021-08-05 Denied Amici (1) 18-usc-1843 criminal-law federal-statute incidental-harms jury-instructions property-rights statutory-interpretation statutory-text united-states-v-kelly wire-fraud Whether 18 U.S.C. § 1843 requires the Government to prove the object of the alleged wire fraud scheme was to obtain money or property
21-5282 Tyrius Green v. Andrew J. Bruck, Acting Attorney General of New Jersey, et al. Third Circuit 2021-08-03 Denied IFP due-process eyewitness-identification jury-instructions reasonable-doubt structural-error sullivan-v-united-states trial-by-jury trial-procedure witness-identification Whether giving a jury charge on eye witness identification that lacked a factual basis in the evidence produced at trial was contrary to clearly estab…
21-5248 Davion L. Jefferson v. United States Tenth Circuit 2021-07-29 Denied IFP 5th-amendment 6th-amendment crime-of-violence directed-verdict due-process jury-instructions jury-trial sixth-amendment statutory-interpretation Did the district court violate the Fifth Amendment's Due Process Clause and the Sixth Amendment's Jury Trial Clause
21-5235 Vincent Holton v. United States Eleventh Circuit 2021-07-28 Denied Response WaivedIFP conspiracy conviction criminal-procedure due-process entrapment jury-instruction jury-instructions sentencing Whether the District Court Wrongly Denied Petitioner's Request for a Jury Instruction on Entrapment?
21-5210 Trojan Hart v. United States Second Circuit 2021-07-26 Denied Response WaivedIFP criminal-procedure due-process evidentiary-restrictions jury-instructions right-to-counsel sentencing sentencing-review shackling Whether the district court erred when it shackled Hart and codefendant Sharpe?
21-5202 Esteban Figueroa-Larrea v. United States Ninth Circuit 2021-07-23 Denied Response WaivedIFP contested-element criminal-procedure district-court jury-charge jury-instruction jury-instructions legal-scope plain-error standard-of-review trial-court-error trial-procedure Whether the district court plainly erred by misadvising the jury about the legal scope of the sole contested element at trial
21-5166 Leobardo Valladares v. Craig Koenig, Warden Ninth Circuit 2021-07-22 Denied Response WaivedIFP criminal-procedure cumulative-error due-process evidentiary-hearing first-degree-murder ineffective-assistance jury-instructions reasonable-doubt standard-of-proof sufficiency-of-evidence Did the Prosecution Fail to Prove Beyond a Reasonable Doubt That Valladares Committed First Degree Murder?
21-5185 Lexton Pellew v. United States District of Columbia 2021-07-22 Denied Response WaivedIFP appeal conviction-count criminal-procedure double-jeopardy due-process jury-instruction jury-instructions legal-review sentence-calculation sentencing sentencing-error Whether the convictions on counts 13-14 should be vacated due to erroneous jury instructions, given that the 10-year consecutive sentence was derived …
21-5141 Terrance Tyrell Edwards v. United States Ninth Circuit 2021-07-20 Denied Response WaivedIFP commercial-sex-trafficking conclusive-presumption criminal-procedure due-process interstate-commerce jury-instruction jury-instructions plain-error Is evidence that establishes only the use of cellular-telephones, internet, hotels sufficient to find the interstate-commerce element for commercial-s…
21-5106 Logan Viquesney v. United States Tenth Circuit 2021-07-14 Denied Response WaivedIFP conviction criminal-procedure due-process indictment jury-instructions legal-sufficiency notice state-offense sufficiency-of-evidence Whether the Court can sustain a conviction when a required element of the state offense is not charged in the indictment
21-5086 Frank Craig Purpera, Jr. v. United States Fourth Circuit 2021-07-13 Denied Response WaivedIFP criminal-intent criminal-law good-faith jury-instructions lawful-practice medical-malpractice medical-practice professional-ethics professional-standard subjective-intent subjective-standard Whether a physician alleged to have acted outside the 'lawful course of professional practice' is entitled to a good faith instruction defining good f…
21-5058 Joseph Andrew Phipps v. Neil McDowell, Warden Ninth Circuit 2021-07-08 Denied IFP 14th-amendment 5th-amendment aedpa criminal-procedure due-process equal-protection jury-instructions lesser-included-offenses Does Petitioner have a due process right to jury instructions on lesser included offenses?
20-1819 Lawrence B. Hughes v. Georgia Georgia 2021-06-30 Denied 14th-amendment criminal-procedure due-process indictment indictment-clarity jury-charge jury-instructions prosecutorial-misconduct self-defense standard-of-review Is it a requirement for an indictment to be clear and precise?
20-8443 Jacobie A. Green v. Louisiana Louisiana 2021-06-29 Denied Response WaivedIFP criminal-procedure defendant-statement due-process evidence jury-charge jury-instructions motion-to-quash photographic-evidence right-to-counsel state-created-impediment trial-court-discretion Whether the trial court erred in admitting the defendant's statement, denying the motion to quash the superseding indictment, admitting speculative ph…
20-8424 James Erik Godiksen v. United States Second Circuit 2021-06-25 Denied Response WaivedIFP appellate-review criminal-procedure expert-testimony harmless-error judicial-discretion jury-instructions jury-note prejudice trial-procedure Did the Court of Appeals improperly conclude that the District Court's mishandling of a jury note and replaying only a portion of the defense expert's…
20-8430 Samuel Gayden v. Illinois Illinois 2021-06-24 Denied IFP chain-of-custody criminal-procedure dna-evidence evidence-admissibility fair-trial ineffective-assistance jury-instructions lay-opinion prosecutorial-misconduct trial-procedure witness-identification Whether the State misused DNA evidence to link Petitioner to the weapon used in the offense, and to alleged threatening letters sent from the Cook Cou…
20-8403 Daniel Jacob Craven, Jr. v. Florida Florida 2021-06-23 Denied IFP 14th-amendment due-process elements-of-offense fourteenth-amendment jury-instructions reasonable-doubt sentencing sentencing-determinations statutory-maximum unanimous-verdict Whether a defendant's right to due process are violated when jury instructions do not require all determinations required by state statute for a sente…
20-1765 Donald S. Harden v. United States Seventh Circuit 2021-06-22 Denied Response Waived but-for-causation circuit-split controlled-substances-act death-results ineffective-assistance-of-counsel ineffective-counsel jury-instruction jury-instructions sentencing For a death-results sentence under the Controlled Substances Act, must a jury be instructed as to but-for cause if the evidence of causation is confli…
20-8353 Russell Armfield v. Sonja Nicklaus, Warden Seventh Circuit 2021-06-21 Denied IFP bruton-rule bruton-violation civil-rights constitutional-error criminal-procedure due-process ineffective-assistance-of-counsel jury-instructions jury-prejudice prosecutorial-misconduct strickland-claim Whether the lack of established federal law or precedent should preclude relief for a defendant when there is no clear constitutional violation
20-1754 Lawrence Joey Smith v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2021-06-16 Denied Response Waived appellate-procedure burden-of-proof certificate-of-appealability circuit-court-review criminal-procedure due-process jury-instructions prosecutorial-argument prosecutorial-misconduct reasonable-doubt Is it objectionable for a prosecutor to argue to the jury that a lack of evidence does not give rise to a reasonable doubt?
20-8310 Kenrick Brathwaite v. United States Second Circuit 2021-06-15 Denied Response WaivedIFP apprendi-rule circuit-split controlled-substance controlled-substances criminal-law drug-conspiracy jury-instructions jury-verdict sentencing sentencing-exposure statutory-interpretation statutory-penalties What is the statutory maximum sentence for a conspiracy conviction under 21 U.S.C. §§ 963 or 846, where the jury has declined to make any specific fin…
20-8288 Anthony L. Ingram v. United States Sixth Circuit 2021-06-11 Denied Response WaivedIFP 18-usc-1201(a)(1) criminal-procedure due-process evidence evidence-sufficiency federal-kidnapping jury-instructions motion-for-acquittal Are the due process rights of a defendant in a criminal case violated when the government fails to present evidence at trial as to each element of the…
20-1715 Denise Taylor-Travis v. Jackson State University Fifth Circuit 2021-06-11 Denied Response Waived causation causation-standard civil-rights due-process jury-instructions privacy-rights public-records-act retaliation title-ix Whether the jury instruction on the causation standard for a Title IX retaliation claim was erroneous
20-8226 In Re Francis Boyd 2021-06-04 Denied IFP criminal-procedure criminal-sentencing due-process habeas-corpus judicial-error jury-instruction jury-instructions miscarriage-of-justice murder murder-degrees third-degree-murder trial-procedure Can a trial judge instruct a jury during a jury charge that they cannot find the petitioner guilty of a certain degree of murder after entertaining a …
20-8228 John Campbell v. United States Fourth Circuit 2021-06-04 Denied Response WaivedIFP appeal armed-bank-robbery bank-robbery count-severance criminal-procedure evidence evidence-suppression firearm-possession jury-instructions sentencing sentencing-enhancement Did the district court incorrectly decline to charge the jury on a key element of armed bank robbery?
20-8203 Dasheme Kareme Hosley v. Rick Hill, Warden Ninth Circuit 2021-06-02 Denied Response WaivedIFP closing-argument due-process harmless-error judicial-ratification jury-instruction jury-instructions legal-misstatement prosecutorial-misconduct trial-court trial-procedure Should courts presume that the jury followed the trial court's correct instruction at the end of trial even if the trial judge expressly ratified a mi…
20-8182 Gilbert Sanchez v. Texas Texas 2021-06-01 Denied IFP constitutional-rights due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-instructions reasonable-doubt sentencing sentencing-guidelines Whether the trial court's misdirection of the jury as to the applicable sentencing range constituted egregious harm
20-8168 Ross Colby v. United States Ninth Circuit 2021-05-27 Denied Response WaivedIFP criminal-procedure due-process fair-trial juror-sympathy jury-bias jury-instructions prosecutorial-misconduct sixth-amendment Whether the statements of a prosecutor invoking juror sympathy and telling the jury that it has a duty to convict violate the defendant's Sixth Amendm…
20-8103 Sayda Powery Orellana and Manuel Porras Salas v. United States Ninth Circuit 2021-05-25 Denied Response WaivedIFP appellate-review circuit-split civil-procedure forfeiture jury-instructions plain-error procedural-default waiver Whether agreement to a set of joint jury instructions is a waiver or forfeiture
20-8101 Joseph Weldon Smith v. Perry Russell, Warden, et al. Ninth Circuit 2021-05-21 Denied IFP brecht-standard brecht-v-abrahamson capital-sentencing harmless-error jury-instruction jury-instructions jury-trial sixth-amendment stromberg-error stromberg-v-california Whether a federal court may disregard the prejudice resulting from Stromberg error and instead ask only what a hypothetical jury instructed on a valid…
20-1614 John D. Leontaritis v. United States Fifth Circuit 2021-05-19 Denied Response RequestedResponse WaivedRelisted (2) circuit-split criminal-law criminal-procedure due-process fact-determination jury-finding jury-instructions reasonable-doubt sentencing sentencing-discretion standard-of-proof Whether jury findings impact sentencing
20-8036 Antonio Kevin McKoy v. United States Fourth Circuit 2021-05-17 Denied Response WaivedIFP continuing-criminal-enterprise criminal-procedure drug-penalties fourth-circuit-review jury-instructions plain-error sentencing-enhancements special-verdict Whether the jury should be required to return a special verdict form addressing all essential elements of continuing criminal enterprise (CCE), in tha…
20-8035 James W. Moore v. Ohio Ohio 2021-05-14 Denied IFP 14th-amendment burden-of-proof castle-doctrine due-process duty-to-retreat effective-assistance-of-counsel fourteenth-amendment jury-instructions self-defense Is Ohio's Castle Doctrine unconstitutional?
20-7971 Derek A. Rivera v. Connie Horton, Warden Sixth Circuit 2021-05-11 Denied Response WaivedIFP criminal-procedure directed-verdict due-process expert-testimony fair-trial fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel jury-instructions murder-conviction sufficiency-of-evidence Whether the defendant was denied a fair trial due to improper other-acts evidence
20-7983 Thomas Lam v. Robert C. Tanner, Warden Fifth Circuit 2021-05-11 Denied IFP certificate-of-appealability constitutional-plea criminal-procedure due-process fifth-circuit habeas-corpus henderson-v-morgan judicial-error jury-instructions plea-bargaining standard-of-review voir-dire Did the Fifth Circuit err in denying a request for COA on an important question of federal law regarding the trial judge's incorrect explanation of th…
20-7992 Noah Drake Primeaux v. Louisiana Louisiana 2021-05-11 Denied Response WaivedIFP criminal-procedure due-process fair-trial fourteenth-amendment jury-instructions non-unanimous-jury prosecutorial-misconduct ramos-v-louisiana sixth-amendment Whether reasonable jurists would determine that the holding in Ramos v. Louisiana applies to persons on direct appeal concerning the non-unanimous jur…
20-7934 John Patrick Couch v. United States Eleventh Circuit 2021-05-05 GVR Relisted (6)IFP affirmative-defense controlled-substances criminal-procedure jury-instructions medical-practice standard-of-care Did the trial court err by conflating the valid defense of a crime as an element of that crime in its jury instructions?
20-7907 Julio Solano v. California California 2021-05-03 Denied IFP due-process heat-of-passion insufficient-evidence jury-instruction jury-instructions prosecutorial-misconduct provocation second-degree-murder voluntary-manslaughter Whether the California Courts' failure to adequately instruct the jury on provocation in the context of Second Degree Murder violated federal due proc…
20-7879 Vincent Gino Chavez v. Brian Cates, Warden Ninth Circuit 2021-04-28 Denied Response WaivedIFP capital-case capital-cases circuit-split criminal-procedure due-process jury-instructions lesser-included-offense lesser-included-offenses noncapital-cases Does the Due Process Clause require giving lesser included instructions if warranted by the evidence in a noncapital criminal case?
20-7853 Craig Allen Morgenstern v. United States Ninth Circuit 2021-04-27 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process ex-post-facto fifth-amendment ineffective-assistance jury-instructions sixth-amendment statutory-elements statutory-interpretation supervised-release Whether the trial court's errors in allowing modified jury instructions that impermissibly deleted statutory elements violated the defendant's Fifth a…
20-7861 Razhden Shulaya v. United States Second Circuit 2021-04-27 Denied Response WaivedIFP allen-charge civil-rights criminal-procedure due-process judicial-discretion jury-coercion jury-deliberation jury-deliberations jury-instructions right-to-counsel sixth-amendment Should a District Court issue an Allen charge when a jury bullies a holdout juror?
20-1498 Kory Alexander v. Alex Jones, Acting Warden Seventh Circuit 2021-04-27 Denied Response Waived alleyne-precedent appellate-review criminal-elements criminal-procedure double-jeopardy due-process firearm-discharge first-degree-murder jury-instructions lesser-included-offense sentencing sentencing-factor Whether the Illinois Appellate Court unreasonably applied Alleyne v. United States
20-1496 Ali Mohamed Elatrache v. Shane Jackson, Warden Sixth Circuit 2021-04-26 Denied Response Waived capital-murder constitutional-rights due-process first-degree-murder jury-instructions jury-trial lesser-included-offenses procedural-default trial-by-jury whether-petitioner-was-deprived-of-due-process-and-jury-trial
20-7838 Edward M. Vargas, Sr. v. Craig Koenig, Warden Ninth Circuit 2021-04-23 Denied Response WaivedIFP conspiracy conspiracy-charge criminal-indictment criminal-procedure due-process fair-notice indictment jury-conviction jury-instructions ninth-circuit Whether the Ninth Circuit misapplied this Court's precedents in ruling that Petitioner was not denied fair notice of the charges against him despite t…
20-7750 Kepa Maumau v. United States Tenth Circuit 2021-04-14 GVR IFP 18-usc-924c crime-of-violence due-process force-clause hobbs-act jury-instructions reckless reckless-conduct Whether Hobbs Act robbery is categorically a 'crime of violence' under 18 U.S.C. § 924(c)'s 'force clause'
20-7755 Wilbert James Veasey, Jr. v. United States Fifth Circuit 2021-04-14 Denied Response WaivedIFP civil-regulations constitutional-rights due-process evidence fact-finding fair-trial judicial-proceedings jury-instructions sixth-amendment Did the district court's jury instruction impermissibly impair and redirect the jury's considerations of the evidence by adding words from civil regul…
20-7757 James L. Toliver v. Florida Florida 2021-04-14 Denied Response WaivedIFP burden-of-proof constitutional-rights criminal-procedure due-process equal-protection harmless-error jury-instructions standard-of-review Whether similarly situated criminal defendants should be treated equally in pipeline cases where erroneous jury instructions have been given?
20-7677 Juan Manuel Fuentes-Morales v. United States Fourth Circuit 2021-04-13 Denied Response WaivedIFP attorney-speech constitutional-interpretation criminal-procedure due-process fourth-circuit jury-instruction jury-instructions reasonable-doubt victor-v-nebraska Whether the Fourth Circuit's reasonable doubt charge conflicts with Victor v. Nebraska
20-7632 Shannon D. Hixon v. United States Sixth Circuit 2021-04-01 Denied Response WaivedIFP causation criminal-law criminal-statute death-results drug-overdose drug-trafficking due-process foreseeable-result jury-instruction jury-instructions sentencing Whether a defendant may be convicted under the 'death results' provision of 21 U.S.C. § 841(b)(1)(C) without instructing the jury that it must decide …
20-7616 Deshun Thomas v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-03-31 Denied IFP constructive-denial cronic cronic-standard effective-assistance-of-counsel ineffective-assistance-of-counsel jury-instructions sentencing sixth-amendment trial-counsel trial-strategy Is a defendant constructively denied the assistance of counsel under United States v. Cronic, 466 U.S. 648 (1984), when trial counsel tells the jury t…
20-7592 Alan Eugene Miller v. Jefferson S. Dunn, Commissioner, Alabama Department of Corrections Eleventh Circuit 2021-03-29 Denied IFP aggravating-factor aggravating-factors caldwell-v-mississippi capital-sentencing death-penalty eighth-amendment jury-instructions jury-verdict sixth-amendment Whether the Eighth Amendment allows a jury's non-unanimous advisory verdict to serve as the predicate for a death sentence, when the jurors were told …
20-7586 Phillip Blough v. United States Sixth Circuit 2021-03-26 Denied Response WaivedIFP civil-rights criminal-conduct due-process judicial-error jury jury-instructions legal-prejudice right-to-fair-trial trial-by-jury trial-procedure Does the right to a trial by jury include the right to a jury informed of relevant and non-confusing jury instructions?
20-7531 Baidehi L. Mukherjee v. The Childrens Mercy Hospital Eighth Circuit 2021-03-23 Denied IFP after-acquired-evidence appellate-review civil-procedure due-process employment-discrimination equal-protection hearsay-evidence jury-instructions standard-of-review summary-judgment Should the violation of Standard of Review for Summary Judgment be allowed to stand uncorrected?
20-7491 Esmervi Carone Rodriguez v. United States Fifth Circuit 2021-03-18 Denied Response RequestedResponse WaivedRelisted (2)IFP bad-faith circuit-court circuit-split constitutional-law criminal-procedure evidence-spoliation jury-instructions legal-force pattern-instructions spoliation-of-evidence whether-pattern-jury-instructions-have-independent-legal-force
20-7495 Angel Santiago-Gonzalez v. Florida Florida 2021-03-18 Denied IFP 14th-amendment due-process fourteenth-amendment jury-instructions reasonable-doubt sentencing sentencing-determinations statutory-maximum unanimous-verdict Whether a defendant's right to due process are violated when jury instructions do not require all determinations required by state statute for sentenc…
20-7448 Shuntario Johnson v. United States Sixth Circuit 2021-03-15 Denied Response WaivedIFP chambers-v-mississippi confrontation-clause criminal-procedure due-process hearsay jury-instructions right-to-confront-witnesses right-to-present-defense right-to-present-evidence sixth-amendment Whether the Sixth Circuit's decision to affirm the hearsay objection was contrary to Chambers v. Mississippi, 410 U.S. 284, 302 (1973) and its progeny…
20-7373 Christopher Mathew Payne v. Arizona Arizona 2021-03-09 Denied IFP resulting in prejudice capital-punishment death-penalty due-process ineffective-assistance ineffective-assistance-of-counsel jury-instructions parole-ineligibility simmons-precedent Whether a death sentence may be carried out when defense counsel unreasonably fails to inform the jury of parole ineligibility under Simmons
20-7360 Emmanuel Feaster v. United States Second Circuit 2021-03-08 Denied Relisted (2)IFP criminal-law criminal-statute firearm-possession firearms jury-instruction jury-instructions plain-error rehaif-standard rehaif-v-united-states statutory-interpretation supreme-court-precedent Whether the district court committed plain error in failing to instruct the jury that the evidence must establish both that petitioner Emmanuel Feaste…
20-1223 Johnson & Johnson, et al. v. Gail L. Ingham, et al. Missouri 2021-03-04 Denied Amici (10) civil-litigation civil-procedure consolidation due-process jury-consolidation jury-instructions plaintiffs prejudice trial-procedure Whether a court must assess if consolidating multiple plaintiffs for a single trial violates due process
20-7322 Kelsey Videl Coffee v. United States Eleventh Circuit 2021-03-03 Denied Response WaivedIFP actual-innocence aiding-and-abetting conspiracy criminal-conviction criminal-law due-process hobbs-act jury-instructions Whether Petitioner Is Actually Innocent Of Counts 4-8, Based On Conspiracy To Hobbs Act Robbery And Aiding And Abetting Hobbs Act Robbery
20-7293 Willie Safford v. Florida Florida 2021-03-02 Denied IFP civil-rights constitutional-violation defense-counsel due-process ineffective-assistance jury-instructions lesser-included-offense mitigating-evidence post-conviction-relief right-to-counsel sentencing-phase standard-of-review Whether the defendant has a right to a jury instruction on a lesser-included offense when requested by defense counsel at the end of the defendant's t…
20-7270 Keith D. Barmore v. Sonja Nicklaus, Warden Seventh Circuit 2021-02-26 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process fair-trial first-degree-murder ineffective-assistance ineffective-assistance-of-counsel involuntary-manslaughter jury-instructions prosecutorial-misconduct Question not identified
20-7248 Jonathan Lee Page v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2021-02-25 Denied IFP constitutional-law court-limitation criminal-procedure independent-act ineffective-assistance ineffective-assistance-of-counsel jury-instruction jury-instructions legal-objection primary-offense primary-offenses trial-procedure Whether counsel was ineffective when he failed to timely object to the lower court expressly limiting the independent act jury instruction to the prim…
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…
20-7225 Derek Michael Rigsby v. Colorado Colorado 2021-02-24 Denied IFP criminal-procedure criminal-trial double-jeopardy due-process jury-instructions jury-verdict legal-remedy mutually-exclusive-verdicts sixth-amendment Whether the Due Process Clause and the Sixth Amendment require that a defendant receive a new trial where a jury returns mutually exclusive guilty ver…
20-7231 Troy Baker v. United States Sixth Circuit 2021-02-24 Denied Response RequestedResponse WaivedRelisted (2)IFP background-evidence circuit-split confrontation-clause criminal-procedure evidence-admissibility investigative-context jury-instructions out-of-court-statements prejudice Should the Court Grant the Petition to Resolve a Conflict Among the Circuit Courts Over the Propriety of Admitting Out-of-Court Statements That a Defe…
20-1131 James C. Dimora v. United States Sixth Circuit 2021-02-17 Denied Response Waived bribery conviction criminal-conviction due-process jury-instruction jury-instructions lawful-conduct legal-error official-act statutory-interpretation Whether a McDonnell error can invalidate convictions on additional counts that do not have an 'official act' element but depend on the jury's assessme…
20-7145 Rasheik Amond Harris v. United States Eighth Circuit 2021-02-12 Denied IFP appellate-review criminal-law criminal-procedure due-process felon-in-possession firearm-offense jury-instructions mens-rea plain-error Whether a defendant who was found guilty after a jury trial to possessing a firearm as a felon, in violation of 18 U.S.C. 922(g), is automatically ent…
20-7146 Frank Ray Gallardo v. United States Eighth Circuit 2021-02-12 Denied Response WaivedIFP circuit-conflict circuit-split criminal-law criminal-statute due-process federal-criminal-law jury-instruction jury-instructions mens-rea specific-intent statutory-interpretation Whether a defendant charged with an offense under 18 USC § 2244 is entitled to a specific intent instruction and there is a conflict among Circuits
20-7147 Joe Angel Acosta, III v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-02-12 Denied IFP civil-rights constitutional-claims criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-instructions post-conviction-relief procedural-default sufficiency-of-evidence Whether the petitioner's constitutional and statutory rights were violated in the proceedings leading to his conviction and sentence
20-7031 Jose Diaz, aka Cano v. United States Second Circuit 2021-02-03 Denied Response WaivedIFP constitutional-rights due-process fair-trial juror-deliberations juror-misconduct jury jury-instructions jury-misconduct trial-court-inquiry trial-procedure Should a trial court conduct an inquiry when it learns that jurors have disregarded instructions and discussed the case outside the presence of other …
20-6966 Charles Eloys Johnson, aka Adam White v. United States Fourth Circuit 2021-01-28 Denied Response WaivedIFP 18-usc-924c appellate-review conspiracy crime-of-violence criminal-procedure hobbs-act hobbs-act-robbery jury-instruction jury-instructions plain-error substantial-rights Whether an acknowledged instructional error requires reversal where a reviewing court cannot determine if the jury based its verdict on the legally er…
20-6936 Scott Tucker v. United States Second Circuit 2021-01-26 Denied Response WaivedIFP criminal-procedure due-process evidence jury-instructions mens-rea racketeering Whether the Court of Appeals has endorsed an inflexible rule that limits evidence of legal advice rendered to the defendant to the very inception of t…
20-6951 Julio Torres Palomo v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-01-26 Denied IFP criminal-procedure due-process evidence-sufficiency expert-testimony hearsay hearsay-objection indictment indictment-insufficiency jury-instructions sexual-abuse sufficiency-of-evidence Question not identified
20-6926 Nestor Alegria Hernandez v. California California 2021-01-25 Denied Response WaivedIFP criminal-procedure due-process equal-protection fourteenth-amendment intoxicated-driving involuntary-manslaughter jury-instructions lesser-included-offense Whether California law violates the Fourteenth Amendment's Equal Protection Clause by requiring its courts to instruct on involuntary manslaughter as …
20-6927 Anthony Freeney v. United States Fifth Circuit 2021-01-25 Denied Response WaivedIFP 18-usc-3553a audio-recordings criminal-procedure due-process evidence-sufficiency jail-phone-calls jury-instructions jury-verdict sentencing standard-of-review sufficiency-of-evidence Was the evidence insufficient to sustain the jury's guilty verdict?
20-988 Barry Smith, Superintendent, State Correctional Institution at Houtzdale, et al. v. Aaron Edmunds Tyson Third Circuit 2021-01-25 Denied accomplice-liability aedpa aedpa-review benefit-of-the-doubt cullen-v-pinholster due-process habeas-corpus jury-instructions standard-of-review Whether the review required under AEDPA § 2254 and Cullen v. Pinholster, 563 U.S. 170 (2011) is violated by reliance upon a 'some ambiguity' standard …
20-6892 Vashaun Williams v. Illinois Illinois 2021-01-14 Denied Response WaivedIFP 5th-amendment 6th-amendment compelled-testimony constitutional-rights criminal-procedure due-process fair-trial fourteenth-amendment jury-instructions self-incrimination sixth-amendment Whether the State violated the Petitioner's rights under the 5th and 6th Amendments by compelling the testimony of a witness who invoked the 5th Amend…
20-6824 Raymond Bright v. Florida Florida 2021-01-11 Denied IFP 14th-amendment due-process elements-of-offense fourteenth-amendment jury-instructions reasonable-doubt sentencing sentencing-determinations statutory-maximum unanimous-verdict Whether a defendant's right to due process are violated when jury instructions do not require all determinations required by state statute for sentenc…
20-6815 Robert Munoz v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-01-08 Denied Response WaivedIFP constitutional-due-process double-jeopardy due-process false-testimony fourteenth-amendment indictment jury-instructions prosecutorial-misconduct statute-of-limitations Is it written in the U.S. Constitution that a person may be indicted, reindicted 3-times with same cause number: broaden, abandon, and bring abandoned…
20-913 Joseph Wilborn v. Alex Jones, Acting Warden Seventh Circuit 2021-01-08 Denied Response Waived circuit-split federal-habeas federal-review habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-instructions sixth-amendment state-court-decision strickland-standard strickland-v-washington Whether a federal court is bound only by the decisions of the Supreme Court in determining whether a state court has unreasonably applied clearly esta…
20-6796 Simon A. Sanchez v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2021-01-07 Denied Response WaivedRelisted (2)IFP criminal-procedure deadly-weapon due-process fair-trial ineffective-assistance-of-counsel jury-instructions Whether Trial Counsel failure to object a factual withholding with Guilty modifications in two (Pharenteticals) of Jury instructions, prevented Juror'…
20-6781 Bernard Moore v. United States Eleventh Circuit 2021-01-05 Denied Relisted (2)IFP appellate-review circuit-split criminal-procedure due-process felon-in-possession felon-status jury-instructions rehaif-standard rehaif-v-united-states sentencing substantial-rights Whether the courts of appeals may consider the entire record, including a presentence report, in determining if the defendant's substantial rights wer…
20-6770 Lelis Ezequiel Treminio-Tobar v. United States Fourth Circuit 2021-01-04 Denied Response WaivedIFP 5th-amendment affirmative-defense criminal-procedure due-process fifth-amendment jury-instruction jury-instructions trial-court Whether the Fifth Amendment Due Process right to present a defense requires the trial court to instruct the jury that it has a duty to acquit any defe…
20-6710 Marlon Iron Crow v. United States Eighth Circuit 2020-12-28 Denied Response WaivedIFP 18-usc-1 criminal-law criminal-statute jury-instruction jury-instructions malice-aforethought mens-rea second-degree-murder statutory-interpretation Whether the 'reckless' mens rea should be included in the jury instruction for 'malice aforethought' for second degree murder under 18 U.S.C. § 1
20-6654 Gabino Romero v. Raymond Madden, Warden Ninth Circuit 2020-12-18 Denied Relisted (2)IFP 4th-amendment chain-of-custody civil-rights constitutional-rights due-process evidentiary-rulings fair-trial jury-instructions prejudice search-and-seizure standing Whether the conduct of the United States in conducting research prior to deliberation on a trial judge's decision violated the 4th Amendment
20-6660 Shusta Traverse Gumbs v. United States Eleventh Circuit 2020-12-18 Denied Response WaivedIFP circuit-split criminal-law criminal-procedure deadly-weapon intent jury-instruction jury-instructions lesser-included-offense united-states-v-feola Whether the district court erred in giving only the first sentence of Mr. Gumbs' request to charge on use of a deadly weapon in light of the Circuit s…
20-6628 Rodane Lamb v. United States Eleventh Circuit 2020-12-15 Denied Response WaivedIFP conspiracy-charges criminal-procedure dea-testimony due-process evidence ineffective-assistance ineffective-assistance-of-counsel jury-instructions jury-selection trial-errors Was counsel ineffective for not challenging issues
20-6624 Aaron Michael Aguilera v. California California 2020-12-14 Denied Response WaivedIFP burden-of-proof criminal-defendant criminal-defendant-rights due-process fair-trial harmless-error jury-instructions presumption-of-innocence right-to-testify structural-error Right-to-testify
20-6572 Deshawn Legrier v. United States Second Circuit 2020-12-09 Denied Relisted (2)IFP appellate-review criminal-procedure evidence-consideration felon-in-possession judicial-proceedings jury-instructions plain-error-review rehaif-error rehaif-v-united-states sufficiency-of-evidence trial-record Whether an appellate court can consider evidence outside the trial record to conclude that a Rehaif-based error did not seriously affect the fairness,…
20-6585 Bernard Moore v. United States Eleventh Circuit 2020-12-09 Dismissed IFP appellate-review circuit-split criminal-law criminal-procedure due-process felon-in-possession fifth-amendment jury-instructions rehaif-standard rehaif-v-united-states substantial-rights Whether courts of appeals may consider the entire record, including a presentence report, in determining if the defendant's substantial rights were af…
20-6569 Quincey Frye v. United States Second Circuit 2020-12-08 Denied Relisted (2)IFP appellate-review felon-in-possession judicial-proceedings jury-instructions mens-rea plain-error rehaif-v-united-states second-circuit trial-record Should the Court of Appeals have looked beyond the trial record to Frye's presentence investigation report to decide that there was no plain error tha…
20-6526 Kendesia Juinize May v. United States Fourth Circuit 2020-12-07 Denied Response WaivedIFP buy-sell-defense buy-sell-transactions conspiracy conspiracy-law criminal-procedure judgment-of-acquittal jury-instruction jury-instructions plain-error rule-29 Whether the trial court committed plain error in refusing to grant a 'buy-sell' defense jury instruction
20-6540 Joshua N. Wright v. United States Fourth Circuit 2020-12-04 Denied Response WaivedIFP abduction acquitted-conduct constitutional-law crime-of-violence criminal-law due-process federal-courts jury-instruction jury-instructions sentencing sentencing-enhancement upward-variance Whether the district court erred in its 'crime of violence' instruction to the jury
20-6519 Julian Mondragon-Hernandez, aka David Rojas, et al. v. United States Ninth Circuit 2020-12-03 Denied Response WaivedIFP alternative-elements conviction criminal-procedure factual-findings judicial-fact-finding judicial-review jury-instructions jury-verdict mandatory-minimum-sentences mandatory-minimums sentencing sufficiency-of-evidence When a jury verdict allows for alternative elements of conviction, may courts review the evidence and make factual findings to uphold the conviction a…
20-6524 Joshua D. Myers v. Georgia Georgia 2020-12-03 Denied IFP burden-of-proof consent criminal-law criminal-procedure due-process jury-instructions lesser-included-offense sexual-assault sexual-battery standard-of-proof trial-court-discretion trial-procedure Whether the State proved the essential element of 'without the consent' beyond a reasonable doubt
20-761 Austin Joseph Campbell v. Missouri Missouri 2020-12-02 Denied Response Waived burden-of-proof consent criminal-law due-process jury-instructions sexual-assault Is evidence that a complainant does not remember giving consent, and states that she awoke from sleep during the sexual encounter, legally sufficient …
20-6486 Rakeem Asaad Davis v. United States Eleventh Circuit 2020-12-01 Denied Relisted (2)IFP criminal-history firearm-possession jury-instructions rehaif-error rehaif-v-united-states second-amendment sentencing-procedure statutory-interpretation substantial-rights Whether a reviewing court may consider a defendant's criminal history facts not admitted at trial when determining if an omission of an essential elem…
20-6433 Byron Jones v. United States Fifth Circuit 2020-11-25 Denied Response WaivedIFP assault-with-dangerous-weapon criminal-procedure drug-conspiracy evidence-admission fifth-circuit-court jury-instructions murder-in-aid-of-racketeering pattern-of-racketeering rico-conspiracy rico-enterprise witness-intimidation Did the Fifth Circuit Court of Appeals err in finding Byron Jones guilty of a RICO conspiracy?
20-6411 Miguel A. Ramirez v. California California 2020-11-24 Denied IFP civil-rights criminal-conviction criminal-procedure cumulative-error defendant-rights due-process evidence-admissibility jury-instructions prejudicial-error sexual-abuse Whether the trial court's instructions on continuous sexual abuse were prejudicial
20-6367 Kissinger St. Fleur v. United States Eleventh Circuit 2020-11-18 Denied IFP appellate-review buyer-seller-transaction cocaine-distribution conspiracy criminal-conspiracy criminal-procedure drug-crimes due-process fair-trial judicial-discretion jury-instruction jury-instructions Did the district court and the Eleventh Circuit deny Mr. St. Fleur a fair trial when it failed to give buyer-seller instructions to the jury?
20-6339 George B. Larsen v. United States Ninth Circuit 2020-11-17 Denied IFP bad-faith-defense bank-fraud due-process fair-trial fifth-amendment jury-instructions sixth-amendment Whether the district court's bank-fraud jury instructions that erroneously omitted a factually supported bad-faith defense violated the defendants' Fi…
20-6226 Carlos Maez v. United States Seventh Circuit 2020-11-05 Denied Relisted (2)IFP appellate-review burden-of-proof criminal-procedure judicial-proceedings jury-instructions jury-verdict olano-standard plain-error plain-error-test sixth-amendment standard-of-review Whether a conviction following incorrect jury instructions, failure of the petit jury to make a finding on an essential element of a crime, and an app…
20-6197 Gregory C. Raymore v. United States Sixth Circuit 2020-11-03 Denied Relisted (2)IFP criminal-law due-process firearms indictment jury-instructions mens-rea Whether Petitioner's conviction must be vacated due to Rehaif violation
20-6191 Daniel Johnson v. United States Ninth Circuit 2020-11-02 Denied Response WaivedIFP aggravated-sexual-abuse criminal-procedure due-process evidence-standard harmless-error jury-instruction jury-instructions ninth-circuit sexual-abuse victim-age Was the error in the jury instruction harmless?
20-6171 Kenneth Emanuel Baptiste v. Craig Koenig, Warden Ninth Circuit 2020-10-29 Dismissed IFP capital-murder capitol-murder constitutional-error due-process fair-trial jury-instruction jury-instructions reconsideration severance-motion stolen-property trial-procedure Was instructing the Jury with CALJIC No. 2.15 in error
20-6129 Matthew R. Jones v. United States Seventh Circuit 2020-10-26 Denied Relisted (2)IFP 5th-amendment 6th-amendment appellate-review due-process jury-instructions plain-error Whether a conviction after (a) an incomplete indictment, (b) incorrect jury instructions, (c) failure of the petit jury to make a finding on an essent…
20-6097 Francisco J. Martinez v. Adolfo Gonzalez, Chief Probation Officer, San Diego, California Ninth Circuit 2020-10-23 Denied Response WaivedIFP commodities-fraud criminal-procedure due-process harmless-error jury-instruction jury-instructions scienter Should CERTIORARI be granted to review whether the failure to instruct a state jury on lack of scienter could be harmless-beyond a reasonable doubt in…
20-6096 Dieuseul Brown v. Sonja Nicklaus, Warden Seventh Circuit 2020-10-22 Denied IFP criminal-procedure due-process first-degree-murder independent-and-adequate-state-grounds jury-finding jury-instructions procedural-default second-degree-murder state-grounds Whether the Petitioner's claim is Procedurally-Defaulted
20-6098 Lamont Owens v. United States Eighth Circuit 2020-10-21 Denied Relisted (2)IFP criminal-procedure fairness-integrity-public-reputation intervening-supreme-court-decision judicial-review jury-instructions plain-error plain-error-review substantial-rights supreme-court-decision trial-record Whether plain-error review for failure to instruct on an element of the offense, based upon an intervening U.S. Supreme Court decision, allows courts …
20-6044 Luidgi Benjamin v. United States Second Circuit 2020-10-16 Denied Response WaivedIFP character-evidence character-testimony criminal-procedure district-court-jurisdiction due-process enticement evidentiary-admission judicial-discretion jury-instructions venue venue-challenge Should venue be proper where no elements of the crime occurred?
20-6036 Torrey Washington v. Harold W. Clarke, Director, Virginia Department of Corrections Fourth Circuit 2020-10-15 Denied IFP civil-rights constitutional-rights criminal-procedure due-process exculpatory-evidence fair-trial ineffective-assistance jury-instructions prosecutorial-misconduct Whether the prosecution failed to prove guilt beyond a reasonable doubt?
20-5949 Timmy Scott v. United States Fifth Circuit 2020-10-08 Denied Relisted (4)IFP criminal-indictment criminal-law felon-in-possession firearms-possession indictment jury-instructions mens-rea prohibited-status rehaif rehaif-challenge Whether Rehaif's mens rea requirement is limited to whether or not the defendant knew he was a convicted felon alone, or whether it requires him to kn…
20-5952 Patrick Muraca v. United States Second Circuit 2020-10-08 Denied Response WaivedIFP appellate-review civil-procedure jury-instructions jury-request operative-term trial-court Whether a trial court must provide a definition for a term of operative significance when it is requested by a deliberating jury?
20-5935 Frank Allen Levi Holland v. Michigan Michigan 2020-10-07 Denied IFP burden-of-proof compulsory-violations confrontational-violations constitutional-rights criminal-procedure due-process evidence-admission ineffective-assistance-of-counsel jury-instructions prosecutorial-misconduct Whether the Michigan courts violated the petitioner's state and federal constitutional right to due process of law
20-5939 Kadeem Burden v. United States Fifth Circuit 2020-10-07 Denied Relisted (4)IFP criminal-procedure due-process fifth-amendment firearm-possession jury-instructions plain-error-review rehaif-standard rehaif-v-united-states sixth-amendment Whether a reviewing court may affirm a conviction under plain error review based on speculation about the defendant's knowledge of his prohibited stat…
20-5888 Burton Lee Smith v. Steven Johnson, Administrator, New Jersey State Prison, et al. Third Circuit 2020-10-02 Denied IFP 404(b)-jury-instructions bruton-v-united-states certificate-of-appealability confrontation-clause constitutional-rights effective-assistance-of-counsel ineffective-assistance-of-counsel jury-instructions mug-shot-identification severance-of-defendants sleeping-juror trial-procedure Whether the Third Circuit Court of Appeals Erred in Denying Petitioner a Certificate of Appealability
20-5883 Kyle Patrick Comrie v. California California 2020-10-01 Denied IFP burden-of-proof constitutional-rights criminal-procedure due-process felony-murder jury-findings jury-instructions reasonable-doubt sandstrom sufficiency-of-evidence Did the trial court permit prejudicial error by allowing the jury to find first-degree murder without specific findings of fact on each required eleme…
20-419 Stephen Robert Deck v. California California 2020-10-01 Denied Response Waived 14th-amendment attempt attempt-offense custodial-arrest due-process jury-instructions jury-unanimity right-to-counsel search-warrant temporal-element unanimity Whether the temporal direct step element of an attempt offense may be changed by jury instructions
20-5844 Horacio Santamaria, Jr. v. United States Fifth Circuit 2020-09-30 Denied Response WaivedIFP constitutional-error constitutional-rights due-process grand-jury indictment ineffective-assistance ineffective-assistance-of-counsel jury-instructions prejudice prosecutorial-misconduct Whether the government's unavailing defense of the indefensible with respect to the indictment, inadequate jury instructions, prosecutorial misconduct…
20-5854 Trumaine Muller v. United States Eleventh Circuit 2020-09-30 Denied Response WaivedIFP criminal-law criminal-procedure drug-offense drug-offenses intervening-act jury-instruction jury-instructions mens-rea plain-error proximate-cause Whether the trial court committed plain error in failing to instruct the jury that the government had to prove mens rea as to each drug offense and th…
20-5773 William C. McGee v. United States Eighth Circuit 2020-09-24 Denied Relisted (4)IFP armed-career-criminal-act criminal-procedure essential-element judicial-determination jury-instructions jury-trial sixth-amendment structural-error Whether omitting an essential element of the crime in both the indictment and jury instructions may be reviewed for harmlessness
20-5783 Chia Jean Lee v. United States Fifth Circuit 2020-09-24 Denied Response WaivedIFP appellate-review chapman-v-california circuit-split constitutional-standard criminal-procedure deliberate-indifference harmless-error jury-instruction jury-instructions standard-of-review Whether the Fifth Circuit should apply the Chapman beyond a reasonable doubt standard rather than the substantial evidence standard to consider the ha…
20-5742 David Tachay Heard v. United States Eighth Circuit 2020-09-17 Denied Relisted (3)IFP appellate-review criminal-procedure cross-racial-identification due-process eyewitness-identification federal-standard jury-instruction jury-instructions plain-error standard-of-review Should federal district courts be required to give a cautionary jury instruction, upon a defendant's request, to guide the jury's evaluation of eyewit…
20-5748 Dacarius Holliday v. Louisiana Louisiana 2020-09-17 Denied IFP constitutional-error criminal-intent criminal-negligence due-process eighth-amendment jury-instructions jury-sentencing specific-intent standard-of-proof trial-court Can convictions for crimes requiring specific intent create constitutional error where the trial court has ruled that the evidence supports criminal n…
20-5682 Simon F. Ranteesi v. Eric Arnold, Warden Ninth Circuit 2020-09-14 Dismissed Response WaivedIFP civil-rights constitutional-rights due-process expert-testimony fair-trial ineffective-counsel jury-instructions medical-malpractice mental-state prosecutorial-misconduct Question not identified
20-5645 Virgil Nickens v. United States Eleventh Circuit 2020-09-10 Denied Relisted (3)IFP appellate-courts criminal-law federal-courts federal-courts-of-appeals jury-instructions jury-verdict plain-error-review rehaif-standard rehaif-v-united-states united-states-v-olano Can the appellate courts' divergent approaches to plain error review of pre-Rehaif jury verdicts be reconciled with one another?
20-5620 Ivan Soto-Barraza and Jesus Lionel Sanchez-Meza v. United States Ninth Circuit 2020-09-09 Denied Response WaivedIFP consent conspiracy constructive-amendment criminal-procedure extortion hobbs-act jury-instructions robbery Can a conviction for conspiracy to commit robbery and attempted interference with commerce by robbery stand if the jury was instructed on the elements…
20-5558 Anthony Smith v. United States Second Circuit 2020-09-02 Denied Relisted (3)IFP criminal-law criminal-statute due-process firearm-possession firearms jury-instruction jury-instructions knowledge-element mens-rea plain-error prohibited-possession Whether the district court committed plain error in failing to instruct the jury that the evidence must establish both that appellant Anthony Smith kn…
20-5517 Scotty Ray Gardner v. Arkansas Arkansas 2020-08-27 Denied IFP access-to-courts aggravating-circumstance aggravating-circumstances appellate-review capital-punishment capital-sentencing death-penalty due-process jury-instructions Whether due process requires that every statutory element of an aggravating circumstance be proven beyond a reasonable doubt
20-5465 In Re Francisco Felix 2020-08-25 Denied Response WaivedIFP 28-usc-3231 actual-innocence cause-and-prejudice constitutional-violations criminal-procedure ineffective-assistance-of-counsel jury-instructions procedural-default subject-matter-jurisdiction Whether the government's defense, jury instructions, and denial of counsel were prejudicial
20-5492 Ray Lamar Johnston v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2020-08-25 Denied IFP appellate-review caldwell-v-mississippi capital-punishment constitutional-claims death-penalty due-process habeas-corpus hurst-v-florida ineffective-assistance jury-instructions procedural-default Whether the Eleventh Circuit should have remanded or expanded the appeal
20-5430 Anthony G. Meyers v. Cathy Jess, Warden Seventh Circuit 2020-08-20 Denied Response WaivedIFP criminal-law duty-to-retreat first-degree-reckless-homicide homicide ineffective-assistance-of-counsel jury-instructions self-defense utter-disregard Was there sufficient evidence of utter disregard for human life to support a first degree reckless homicide conviction?
20-5403 Dimarzio Swade Sanchez v. United States Ninth Circuit 2020-08-19 Denied Response WaivedIFP aiding-and-abetting criminal-procedure due-process first-degree-murder jury-instruction jury-instructions mandatory-life-imprisonment sixth-amendment Whether Sanchez's conviction was in contravention of historical jurisprudence and the Sixth Amendment when the district court failed to instruct the j…
20-5372 Melvin Gamage v. Mississippi Mississippi 2020-08-17 Denied Response WaivedIFP civil-rights constitutional-rights due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-instructions mississippi-supreme-court post-conviction-relief Whether the Mississippi Supreme Court erred in denying post-conviction relief despite the prisoner's claims that his trial counsel was ineffective, th…
20-5299 Antonio Benson v. Tennessee Tennessee 2020-08-07 Denied Response WaivedIFP appellate-review constitutional-rights criminal-procedure due-process evidence jury-instruction jury-instructions self-defense Whether the ruling of the Tennessee Supreme Court violated Petitioner's due process protections
20-134 Abilio Hernandez, et al. v. Jason Boles, et al. Sixth Circuit 2020-08-07 Denied appellate-review civil-rights constitutional-law due-process fourth-amendment jury-deference jury-instructions standard-of-review traffic-stop warrant-check Should a federal appellate court grant deference to a jury's conclusions of law about constitutional issues in a civil rights lawsuit?
20-5265 Hazhar A. Sayed v. Colorado Colorado 2020-08-05 Denied Response WaivedIFP competency competency-evaluation constitutional-rights criminal-procedure due-process jury-instructions post-arrest-silence right-to-remain-silent self-defense Whether the trial court violated Sayed's constitutional right to remain silent by allowing the investigator to comment on Sayed's post-arrest silence
20-5269 Amadeo Valls v. Florida Florida 2020-08-05 Denied IFP acquittal burglary criminal-procedure due-process jury-instructions mens-rea structural-error Whether due process prohibits Florida from excluding mens rea instruction from burglary charges or whether it is structural error for trial courts to …
20-5240 Cynthia Gilmore v. United States Fourth Circuit 2020-07-31 Denied Response WaivedIFP ambiguity ambiguous-verdict conspiracy criminal-procedure jury-instructions jury-verdict predicate-acts reasonable-doubt sentencing Whether the sentencing court is required to use the reasonable doubt standard to determine the predicate acts where the jury's verdict was purposefull…
20-87 George Lee Nobles v. North Carolina North Carolina 2020-07-29 Denied Response Waived criminal-law due-process federal-jurisdiction indian-law indian-status jury-determination jury-instructions major-crimes-act statutory-interpretation Whether Indian status under the Major Crimes Act is a jury question
20-5191 Joshua Edwards v. United States Fifth Circuit 2020-07-28 Denied Response WaivedIFP burden-of-proof criminal-procedure criminal-trial due-process elements-of-crime elements-of-offense fifth-circuit jury-instructions trial-defense Did the United States Court of Appeals for the Fifth Circuit err when it held that the district court's failure to instruct the jury on the elements o…
20-79 Cedric L. Daniels v. Dave Davey, Warden Ninth Circuit 2020-07-27 Denied Response Waived confrontation-clause due-process evidence-admission fourteenth-amendment hearsay impeachment-evidence jury-instructions sixth-amendment three-strikes-law Denial of Sixth Amendment right to confront witnesses and Fourteenth Amendment due process
20-5170 William Russell Williams v. Michigan Michigan 2020-07-24 Denied IFP actus-reus criminal-procedure due-process ineffective-assistance jury-instructions mens-rea mitigation mitigation-instruction prosecutorial-misconduct right-to-present-defense sentencing-guidelines Was William Williams denied his right to due process, to present a defense, and to a properly instructed jury?
20-5115 Gerson Serrano-Ramirez v. United States Sixth Circuit 2020-07-21 Denied Response WaivedIFP criminal-procedure criminal-trial due-process evidence evidence-rules federal-procedure gang-affiliation jury-instructions motion-to-sever sufficiency-of-evidence venue Whether the district court erred in its rulings that prevented the defendant from receiving a fair trial
20-5037 Bruce Zachary Pugh v. United States Eighth Circuit 2020-07-20 Denied Response RequestedResponse WaivedRelisted (4)IFP criminal-procedure fairness-integrity judicial-review jury-instructions plain-error public-reputation substantial-rights supreme-court-precedent trial-record Whether plain-error review allows courts to review beyond the trial record
20-5095 Jethro L. Clairvoyant v. Florida Department of Corrections, et al. Eleventh Circuit 2020-07-16 Denied Response WaivedIFP due-process equal-protection ineffective-counsel jury-instructions martinez-claim reversals similarly-situated-defendants state-court Whether petitioner was denied due process and equal protection
20-5078 Vagan Adzhemyan v. United States Ninth Circuit 2020-07-15 Denied Response WaivedIFP contested-element contested-elements due-process federal-kidnapping-statute harmless-error jury-instruction jury-instructions kidnapping-statute sixth-amendment structural-error Whether the Sixth Amendment allows a district court to refuse to instruct jurors on the only contested element of the federal kidnapping statute
20-5082 Robert Deane Schwartz v. Raymond Madden, Warden Ninth Circuit 2020-07-15 Denied IFP affirmative-defense certificate-of-appealability due-process fourteenth-amendment habeas habeas-corpus jury-instruction jury-instructions Did the Ninth Circuit err for failing to grant a certificate of appealability pursuant to 28 U.S.C. § 2253(c)(2) on petitioner's claim that the state …
20-5058 Randy Estevez v. United States Second Circuit 2020-07-14 Denied Response WaivedIFP criminal-procedure due-process felony-enhancement firearm-possession jury-instructions jury-unanimity sentencing sentencing-reasonableness u-s-sentencing-guidelines unanimity Whether the district court erred in not instructing the jury that it should be unanimous on the date and location of his alleged possession of the fir…
20-5025 Eddie Matthew Amos v. Tommy Bowen Eleventh Circuit 2020-07-13 Denied Response WaivedRelisted (2)IFP convicted-felon criminal-defense criminal-procedure effective-assistance-of-counsel fair-trial felon-in-possession firearm-possession ineffective-assistance-of-counsel jury-instructions self-defense Is a criminal defendant denied a fair trial and the effective assistance of counsel when defense counsel fails to request a jury instruction on self-d…
20-1 Nicholas E. Davis v. United States Armed Forces 2020-07-09 Denied Response Waived appellate-review court-martial criminal-procedure jury-instruction jury-instructions plain-error supreme-court-precedent waiver Whether the failure to object to a pattern jury instruction erroneously describing the elements of the offense constitutes affirmative waiver such tha…
20-5014 Darwin Josue Peralta v. North Carolina North Carolina 2020-07-09 Denied IFP appellate-review civil-rights criminal-procedure cross-examination due-process evidence jury-instructions legal-standards right-to-present-defense standard-of-review Whether the trial court erred and violated Mr. Pecoraro's rights to present a complete defense by prohibiting him from introducing Doris Murillo's and…
19-8899 Michael Wayne Blanche v. United States Ninth Circuit 2020-07-06 Denied Relisted (2)IFP 18-usc-924(c)(3)(a) aiding-and-abetting armed-bank-robbery crime-of-violence federal-criminal-law jury-finding jury-instructions sentencing-enhancement statutory-interpretation Whether aiding and abetting armed bank robbery is a crime of violence under 18 U.S.C. § 924(c)(3)(A)
19-1432 Charles Rainer Sinek v. United States Second Circuit 2020-06-29 Denied Response Waived appeal criminal-procedure due-process federal-rules-of-criminal-procedure jury-instructions prejudice rule-30 summation Whether a defendant must show an explicit, verbatim contradiction between arguments made in summation and a jury instruction delivered in violation of…
19-1424 Kevin LeBeau v. United States Seventh Circuit 2020-06-26 Denied Response Waived bank-fraud criminal-procedure due-process jury-instructions materiality restitution seventh-circuit strickland strickland-claim strickland-v-washington Was the omission of the concept of materiality from the bank fraud elements instruction error requiring a new trial?
19-8824 Keith Newton v. Alabama Alabama 2020-06-26 Denied Response WaivedIFP civil-rights due-process effective-counsel evidence jury-instructions statutory-interpretation Whether the Alabama courts have violated the constitutional rights of a defendant by denying effective counsel, allowing the prosecution to define the…
19-8765 Tizazu F. Arega v. Lisa L. Sadler, Judge, et al. Ohio 2020-06-19 Denied IFP 14th-amendment conviction criminal-procedure due-process evidence judicial-review jury-instructions jury-misconduct legal-sufficiency sexual-intercourse trial-procedure verdict-validity Was the decision of the Supreme Court of Ohio contrary to clearly established federal law and the Supreme Court of the United States precedent of Cole…
19-8731 Edson Gelin v. United States Eleventh Circuit 2020-06-17 Denied Response WaivedIFP buyer-seller criminal-law criminal-procedure evidence-law fair-trial judicial-discretion jury-instruction jury-instructions theory-of-defense Whether the defense is entitled to a buyer-seller jury instruction when the instruction is part of the theory of defense and otherwise necessary for a…
19-8720 Ankit Puri v. United States Fifth Circuit 2020-06-16 Denied Response WaivedIFP criminal-law firearms immigration jury-instructions rehaif-v-united-states sufficiency-of-evidence Whether the indictment and jury instructions omitted an essential element of the 18 U.S.C. § 922(g) offense
19-8703 David Sosa-Baladron, et ux. v. United States Sixth Circuit 2020-06-15 Denied Response WaivedIFP criminal-procedure due-process evidence jury-instructions obstruction-of-justice sentencing-guidelines Whether the evidence was sufficient to support the jury's verdict on the substantive counts against Sosa, and whether the district court erred in appl…
19-8692 Robert Lee Shields v. United States Sixth Circuit 2020-06-12 Denied Response WaivedIFP buyer-seller buyer-seller-relationship conspiracy criminal-procedure drug-distribution jury-instructions narcotics-law pinkerton-liability substantive-drug-charges When the evidence in a drug distribution case demonstrates only two sales, what additional factors support an inference of a drug distribution conspir…
19-8679 Dan Reed v. United States Eleventh Circuit 2020-06-11 Denied Response RequestedResponse WaivedRelisted (4)IFP appellate-review criminal-law criminal-procedure due-process jury-instructions rehaif-standard rehaif-v-united-states status-knowledge statutory-interpretation substantial-rights united-states-v-reed Whether the courts of appeals may consider the entire record, including a presentence report, in determining if a defendant's substantial rights were …
19-8612 Edward Ronald Stamper v. United States Ninth Circuit 2020-06-05 Denied Response WaivedIFP consent criminal-intent criminal-law due-process indian-reservation ineffective-assistance-of-counsel jury-instruction jury-instructions mens-rea sexual-abuse sexual-assault Was Stamper's conviction in contravention of multiple decisions of this Court, including Rehaif v. United States, 139 S. Ct. 2191 (2019) and United St…
19-8542 Brian Lamar Brown v. Nevada, et al. Ninth Circuit 2020-05-27 Denied Response WaivedIFP closing-arguments criminal-procedure criminal-trial due-process fair-trial harmless-error jury-instructions legal-prejudice prosecutorial-misconduct Whether the prosecutor committed prejudicial misconduct during closing arguments?
19-8420 Charles Wilson v. Wisconsin Wisconsin 2020-05-12 Denied Response WaivedRelisted (2)IFP confrontation-clause criminal-procedure due-process evidence evidentiary-ruling ineffective-assistance-of-counsel jury-instructions jury-selection prosecutorial-discretion trial-court-discretion witness-testimony Whether the trial court abused its discretion when it excluded several jurors for failing to follow the voir dire process
19-8438 Rodney Lyn Emil v. Nevada Nevada 2020-05-12 Denied IFP aggravating-factors burden-of-proof capital-sentencing constitutional-procedure death-penalty jury-finding jury-instructions mitigating-circumstances reasonable-doubt Is Nevada's capital sentencing procedure unconstitutional after Hurst v. Florida?
19-8446 Anthony S. Twitty v. Barry Smith, Superintendent, State Correctional Institution at Houtzdale, et al. Third Circuit 2020-05-12 Denied Relisted (2)IFP civil-rights constitutional-rights due-process federal-courts habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-instructions pcra-statute reasonable-doubt Was the Petitioner denied the right to a fair trial, due to hypothetical-jury, jury-instruction, ineffective-assistance-of-counsel, reasonable-doubt
19-8376 Carlos M. Guerrero-Castro v. United States First Circuit 2020-04-28 Denied Response WaivedIFP conspiracy criminal-enterprise criminal-procedure enterprise essential-element judicial-procedure jury-instruction jury-instructions plain-error RICO rico-conspiracy Whether a district court commits plain error by refusing to properly instruct the jury that the existence of an actual enterprise is always an essenti…
19-8335 Mitchell Willoughby v. Deedra Hart, Warden Sixth Circuit 2020-04-22 Denied IFP caldwell-precedent capital-sentencing closing-argument death-penalty jury jury-instructions prosecutor prosecutorial-misconduct sixth-circuit state-law voir-dire Did the Sixth Circuit panel misunderstand or frustrate the purpose behind this court's holding in Caldwell v. Mississippi
19-8336 Igancio Reyes-Yanez v. United States Ninth Circuit 2020-04-22 Denied Response WaivedIFP burden-of-proof constitutional-rights criminal-procedure defendant-testimony due-process jury-instruction jury-instructions presumption-of-innocence Should the government be allowed to tell a jury that there is no presumption of innocence for a defendant's testimony?
19-8294 Roscoe Johnson v. Mississippi Mississippi 2020-04-18 Denied Response WaivedIFP abuse-allegations criminal-defense criminal-procedure due-process evidence ineffective-assistance ineffective-assistance-of-counsel jury-instruction jury-instructions motion-in-limine position-of-trust Whether Dohnson's Trial Counsel provided Constitutionally ineffective assistance of Trial Counsel
19-8253 Rudolph Churchill v. Pennsylvania Pennsylvania 2020-04-14 Denied IFP constitutional-rights criminal-procedure due-process evidence hypothetical-question ineffective-assistance jury-instruction jury-instructions prosecutorial-misconduct sixth-amendment trial-counsel Sixth Amendment-Ineffective-Assistance-of-Counsel
19-8251 Kevin Duane Talkington v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2020-04-13 Denied Relisted (2)IFP constitutional-rights criminal-procedure due-process exculpatory-evidence ineffective-assistance ineffective-assistance-of-counsel juror-bias jury-instructions jury-selection Counsel's failure to strike biased juror,counsel's failure to investigate and present exculpatory evidence,court's failure to provide oral verbatim ju…
19-8237 Fernando Romero-Salgado v. United States Ninth Circuit 2020-04-10 Denied Response WaivedIFP circuit-split criminal-procedure fifth-amendment jury-instruction jury-instructions mens-rea plain-error plain-error-review sixth-amendment substantial-rights Does Rehaif error per se affect a defendant's substantial rights under the third prong of plain-error review?
19-8175 Kitrich A. Powell v. Nevada Nevada 2020-04-03 Denied IFP aggravating-factors burden-of-proof capital-punishment constitutional-rights death-penalty jury-instructions mitigating-circumstances sixth-amendment Did the Nevada Supreme Court violate Mr. Powell's constitutional rights by making the outweighing requirement an afterthought for the jury, used only …
19-8090 Joseph Weldon Smith v. Nevada Nevada 2020-03-24 Denied IFP aggravating-factors capital-punishment constitutional-rights death-penalty due-process jury-instructions mitigating-circumstances sixth-amendment Did the Nevada Supreme Court violate Mr. Smith's constitutional rights by making the outweighing requirement an afterthought for the jury, used only t…
19-8026 In Re Jonathan A. Hampton 2020-03-18 Denied IFP civil-rights constitutional-rights constitutional-rights-speedy-trial-habeas-corpus-d criminal-law double-jeopardy due-process federal-jurisdiction habeas-corpus judicial-discretion jury-instructions personal-recognizance speedy-trial Does the petitioner in a habeas proceeding have an inherent constitutional right to be enlarged upon his personal recognizance in the interest of his …
19-8033 In Re Jonathan A. Hampton 2020-03-18 Denied IFP constitutional-rights criminal-procedure double-jeopardy due-process federal-jurisdiction habeas-corpus harmless-error jury-instructions lesser-included-offense prosecutorial-appeal state-law structural-error Does the California Supreme Court's holding in People v. Breverman (1998) inadvertently impose an unlawful state of ambiguity when faced with the fede…
19-7950 Daejerron L. Valentine v. Nebraska Nebraska 2020-03-10 Denied Response WaivedIFP 4th-amendment ambiguity automobile-exception conjunctive consistency criminal-procedure Did the removal of 'or' create ambiguity? disjunctive fourth-amendment Is a defendant entitled to consistent jury instruc jury-instructions jury-trial legislative-history possession probable-cause reasonableness reasonableness-standard scope-of-search search search-and-seizure search-scope statutory-interpretation warrant-requirement warrantless-search Did the warrantless search of an automobile exceed the scope of the automobile exception?
19-1100 Leroy D. Cropper v. Arizona Arizona 2020-03-09 Denied Amici (2) capital-punishment death-penalty due-process ineffective-assistance ineffective-assistance-of-counsel jury-instructions parole-eligibility parole-ineligibility simmons-v-south-carolina sixth-amendment Whether a death sentence may be carried out when defense counsel unreasonably fails to inform the jury of parole ineligibility under Simmons v. South …
19-7889 Walter Rosario-Colon v. Louisiana Louisiana 2020-03-06 Denied Response WaivedIFP criminal-conviction criminal-law criminal-procedure due-process evidence insufficient-evidence jury-instructions reasonable-jurist second-degree-murder self-defense Whether reasonable jurists would determine that Walter Rosario-Colon acted in self-defense when he struck Antonio Aguado, or whether there was insuffi…
19-7853 Jaime Monzon-Silva v. United States Ninth Circuit 2020-03-03 Denied Response WaivedIFP abuse-of-discretion criminal-procedure due-process evidence evidentiary-ruling fugitive judicial-discretion jury-evidence jury-instructions legal-standard trial-procedure Did the district court abuse its discretion by permitting a jury to hear evidence that Petitioner believed he was a 'wanted fugitive,' evidence that d…
19-7789 Steven Klein v. California, et al. Ninth Circuit 2020-02-26 Denied IFP burden-of-proof cage-v-louisiana criminal-procedure due-process fourteenth-amendment jury-instructions reasonable-doubt structural-error sullivan-v-louisiana Whether the trial court erred by overruling Klein's objection to prosecution's misstated of the burden of proof during closing arguments
19-7703 Terry Antonio Lee v. Wendy Kelley, Director, Arkansas Department of Correction Eighth Circuit 2020-02-19 Denied IFP brady-violation civil-rights constitutional-rights double-jeopardy due-process ineffective-counsel jury-instructions sentencing Question not identified
19-7633 Anthony Allen v. Illinois Illinois 2020-02-12 Denied Response WaivedIFP burden-of-proof criminal-law criminal-procedure due-process fourteenth-amendment intent-element jury-instruction jury-instructions presumption-of-intent reasonable-doubt Whether the jury instruction that 'the law presumes that a person intends the ordinary consequences of his voluntary acts' violates the Fourteenth Ame…
19-7647 William P. Castillo v. Nevada Nevada 2020-02-12 Denied Amici (1)IFP aggravating-factors appellate-review apprendi apprendi-line capital-punishment capital-sentencing clemons-v-mississippi death-penalty jury-instructions mitigating-circumstances mitigating-evidence mitigation-evidence reweighing Should this Court overrule Clemons v. Mississippi
19-7652 Steven Craig Whyte v. United States Sixth Circuit 2020-02-12 Denied Response WaivedIFP common-sense common-sense-topics daubert daubert-standard drug-enforcement drug-experts evidence-admissibility expert-testimony jury-instructions kumho-tire Whether this Court's Daubert/Kumho Tire jurisprudence bars presentation of law-enforcement agent 'drug experts' testifying regarding plain-English exc…
19-7630 Paris Hollingshed v. United States Eighth Circuit 2020-02-11 Denied Response WaivedIFP criminal-procedure fairness-integrity judicial-review jury-instructions plain-error public-reputation substantial-rights supreme-court-precedent trial-record Whether plain-error review for failure to instruct on an element of the offense allows courts to review beyond the trial record
19-7587 Lannon Lavar Burdunice v. Minnesota Minnesota 2020-02-07 Denied Response WaivedIFP acquittal batson bias character-evidence circumstantial-evidence constitutional-rights criminal-law double-jeopardy due-process evidence incomplete-jury-verdict insufficient-evidence intent-to-kill judicial-error judicial-misconduct jury-instructions jury-verdict prior-convictions prosecutorial-misconduct right-to-be-present right-to-present-defense second-degree-murder weight-of-evidence Must my conviction for second degree intentional murder be vacated and a judgement of acquittal entered
19-7545 Willie Palmer v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2020-02-04 Denied Response WaivedIFP 6th-amendment abandonment effective-assistance-of-counsel evidentiary-hearing ineffective-assistance jury-instruction jury-instructions postconviction-relief rule-3.850 sixth-amendment unreasonable-determination-of-facts Whether the courts below decided an important federal question in a way that conflicts with the relevant decisions of this Honorable Court
19-7547 Phillip Boyd Cashion v. Texas Texas 2020-02-04 Denied Response WaivedIFP burden-of-proof criminal-procedure criminal-trial due-process fair-trial fifth-amendment jury-bias jury-instructions prosecutorial-misconduct self-incrimination trial-procedure Should the Petitioner's trial structure have been free from the fundamental unfairness of having the prosecutor tell the jury on two occasions that 'y…
19-960 Grand Trunk Western Railroad Company v. Steven R. Lilly Michigan 2020-01-31 Denied Amici (1)Response Waived civil-procedure employment-law federal-employers-liability-act fela jury-instruction jury-instructions personal-injury preexisting-condition railroad-employee workplace-liability Whether a jury must be instructed about an employee's preexisting physical condition in a FELA personal injury action against an employer
19-7475 Douglas Edwin Ball, Jr. v. Michigan Michigan 2020-01-29 Denied IFP 14th-amendment appeal civil-rights conviction dna-evidence due-process evidence insufficient-evidence jury jury-instructions unanimous-verdict Whether the Fourteenth Amendment was violated because it is impossible to determine whether the verdict was unanimous where there is insufficient evid…
19-7386 Jack Dowell v. Richard Hudgins, Warden Tenth Circuit 2020-01-23 Denied Response WaivedIFP actual-innocence burden-of-proof circuit-split due-process habeas-corpus jury-instructions retroactivity savings-clause suspension-of-writ Where the district court dismissed Mr. Dowell's §§2241 and 2255(e) habeas petition claiming the savings clause does not apply to Mr. Dowell, in light …
19-906 Philip N. Antico v. United States Eleventh Circuit 2020-01-22 Denied allen-charge circuit-court-conflict constitutional-rights criminal-procedure due-process fundamental-due-process fundamental-rights jury-instruction jury-instructions retrial-cost retrial-costs Is a criminal defendant's fundamental constitutional rights violated by an Allen charge that instructs a deadlocked jury to consider the expense of a …
19-7308 Jerry Lynn McGavitt v. Texas Texas 2020-01-17 Denied IFP 14th-amendment criminal-law criminal-mental-state due-process jury-charge jury-instructions law-of-parties mens-rea murder murder-prosecution Whether the failure to limit the definitions, in the abstract portion of the jury charge, of 'Intentionally' and 'Knowingly' to the nature of the cond…
19-882 Shannon Dale Dukes v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2020-01-16 Denied Response Waived certificate-of-appealability constitutional-claim fifth-circuit habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-instructions lesser-included-offenses punishment-exposure sixth-amendment Whether petitioner's trial counsel was ineffective
19-7291 Jose Abraham Guzman v. Kelly Santoro, Acting Warden Ninth Circuit 2020-01-15 Denied Response WaivedIFP civil-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel intoxication jury-instructions voluntary-intoxication Whether Guzman's failure to request instruction on voluntary intoxication was ineffective assistance of counsel
19-7232 Francisco Argenis Parra v. Joe A. Lizarraga, Warden Ninth Circuit 2020-01-09 Denied IFP accomplice-statements-corroboration alibi-instruction bruton-v-united-states co-defendant-statements confrontation-clause due-process ineffective-assistance jury-instructions lesser-included-offenses self-defense sixth-amendment supplemental-credibility-instruction Did Trial Counsel Render Ineffective Assistance
19-7149 Guillermo Herrera v. United States Ninth Circuit 2020-01-06 Denied Response WaivedIFP admissibility circuit-split daubert-standard daubert-v-merrell-dow expert-testimony eyewitness-identification federal-rules-of-evidence jury-instructions scientific-evidence Whether expert testimony on eyewitness identification should be treated differently than other expert testimony
19-7167 Harshadkumar Nanjibhai Jadav v. Virginia Virginia 2020-01-03 Denied Response WaivedIFP appellate-review circumstantial-evidence criminal-procedure evidence-sufficiency first-degree-murder identity-of-defendant identity-of-perpetrator jury-instructions possession-of-weapon premeditation sufficiency-of-evidence Whether the Court of Appeals of Virginia unreasonably affirmed the Petitioner's conviction on the charge of First-Degree Murder
19-7124 Derwin Lee Butler v. California California 2019-12-31 Denied IFP constitutional-rights criminal-procedure due-process jury-instruction jury-instructions post-trial-hearing right-to-call-witnesses stipulation trial-court-error trial-error trial-procedure witness-testimony Does a criminal defendant become deprived of his constitutional rights when the trial court fails to read an agreed upon stipulation and instruction t…
19-7084 Andrew Haley Morcombe v. United States Eleventh Circuit 2019-12-30 Denied Response WaivedIFP affirmative-defense criminal-procedure domestic-violence due-process fair-trial international-kidnapping international-parental-kidnapping jury-instructions state-law state-law-definitions statutory-interpretation Whether the failure of 18 U.S.C. § 1204 to define 'domestic violence' violates due process and deprives defendants of a fair trial
19-7100 Damon Jones v. John E. Wetzel, Secretary, Pennsylvania Department of Corrections, et al. Third Circuit 2019-12-30 Dismissed Response WaivedIFP burden-of-proof constitutional-presumption evidentiary-presumption fourteenth-amendment jury-instructions sixth-amendment specific-intent transferred-intent Are the Sixth and Fourteenth Amendments violated where in a case tried and presented under the transferred intent theory the jury is not instructed on…
19-7070 Gary R. Tomey, II v. United States Eleventh Circuit 2019-12-27 Denied Response WaivedIFP constructive-amendment criminal-procedure due-process fifth-amendment indictment jury-instructions material-variance self-incrimination sentencing sentencing-hearing Whether a constructive amendment and/or material variance of the indictment occurs when a court instructs the jury for the first time — during its del…
19-7025 Michael Feliciano v. George Miller, Superintendent, State Correctional Institution at Waymart, et al. Third Circuit 2019-12-20 Denied Response WaivedIFP carrier due-process effective-assistance-of-counsel eyewitness eyewitness-testimony in-re-winship ineffective-assistance investigation jury-instructions reasonable-doubt sixth-amendment strickland strickland-standard Is the State court of last resort and U.S. Court of Appeals decision which denied petitioner's claim that he was deprived of his Sixth Amendment right…
19-6972 Tarsis Guillermo Sanchez-Mora v. United States First Circuit 2019-12-19 Denied Response WaivedIFP circuit-court-split circuit-split criminal-procedure federal-procedure jury-instruction jury-instructions miscarriage-of-justice plain-error rico-conspiracy statutory-interpretation Should this Court grant certiorari to correct a miscarriage of justice and provide needed clarification of the RICO law?
19-7021 Otis Hunter and Deshawn Evans v. United States Seventh Circuit 2019-12-19 Denied IFP bias confrontation-clause criminal-procedure cross-examination jury-instructions jury-nullification mandatory-minimum nullification sentencing sixth-amendment witness-cooperation Whether the Sixth Amendment Confrontation Clause is violated
19-786 Willie Kipyego Butia v. Virginia Virginia 2019-12-19 Denied Response Waived constitutional-law constitutional-rights criminal-law criminal-procedure due-process fair-trial judicial-discretion jury jury-instructions statutory-interpretation Is due process violated where the trial judge instructs the jury using words not found in the statute and in such a way that clearly expands the statu…
19-6947 Reinaldo Rodriguez-Martinez v. United States First Circuit 2019-12-16 Denied Response WaivedIFP appellate-review civil-rights criminal-procedure due-process jackson-v-virginia jury-instructions rico rico-conspiracy-statute rico-enterprise sufficiency-of-evidence united-states-v-turkette Whether a jury instruction that directs the jury that it does not need to find an existing de facto 'enterprise' in a RICO conspiracy case is proper
19-6956 Thomas H. Outland v. New Jersey New Jersey 2019-12-16 Denied IFP confrontation-clause credibility criminal-defendant criminal-procedure criminal-procedure-impeachment due-process evidence evidence-rules fair-trial impeachment jury-instructions prior-convictions right-to-present-a-defense Did the New Jersey state court endorse the use of N.J.R.E. 806 to impeach non-testifying criminal defendants with their prior convictions
19-6942 Savon Germain Carter v. United States Tenth Circuit 2019-12-13 Denied IFP buyer-seller-rule circuit-split criminal-law criminal-procedure drug-conspiracy due-process end-user jury-instruction jury-instructions methamphetamine-distribution Whether the buyer-seller rule applies to all participants in a drug conspiracy, not just end-users
19-759 Milo H. Segner, Jr. v. Cianna Resources Incorporated Fifth Circuit 2019-12-13 Denied avoidance-power bankruptcy bankruptcy-code burden-of-proof criminal-statute good-faith jury-instructions ponzi-scheme reasonable-commercial-standards transfer-liability Can a party who receives transfers that are the undisputed proceeds of a Ponzi scheme—and who admits committing a crime in connection with every trans…
19-6848 Robert Matthew Wittal v. Montana Montana 2019-12-04 Denied Response WaivedIFP co-defendant-testimony credibility criminal-procedure criminal-trial ineffective-assistance ineffective-assistance-of-counsel jury-instruction jury-instructions legal-objection sixth-amendment witness-credibility Whether petitioner received ineffective assistance of counsel when his counsel objected to a jury instruction on the untrustworthiness of co-defendant…
19-6809 Jason Michael Strubberg v. United States Eighth Circuit 2019-12-03 Denied Response WaivedIFP 6th-amendment criminal-procedure due-process entrapment jury-instructions sentencing sixth-amendment undercover-operations Whether the Sixth Amendment and Due Process Clause allow a court to instruct the jury, over objection, that 'Undercover agents may properly make use o…
19-6820 Rafael Leoner-Aguirre v. United States First Circuit 2019-12-03 Denied Response WaivedIFP circuit-court civil-procedure criminal-law criminal-procedure federal-jurisdiction first-circuit jury-instructions predicate-acts racketeering rico rico-conspiracy salinas-v-united-states statutory-interpretation statutory-provisions supreme-court united-states-code Whether the jury must find the specific predicate acts committed under the RICO conspiracy statute
19-6682 Zhaopeng Chen v. United States Ninth Circuit 2019-11-19 Denied Response WaivedIFP circumstantial-evidence criminal-law criminal-procedure deliberate-ignorance due-process evidence farmer-v-brennan jury-instructions knowledge-element legal-standard mens-rea Whether the rule of Farmer v. Brennan should be extended to criminal cases involving the defendant's knowledge as an element of the offense and the go…
19-6651 Shawn A. Thompson v. Tom McGinley, Superintendent, State Correctional Institution at Coal Township Third Circuit 2019-11-15 Denied Response WaivedRelisted (2)IFP attempted-robbery constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel jury-instructions sixth-amendment standard-of-review third-degree-murder Did the Trial Court err in failing to provide the jury with the entirety of the Third Degree Murder instructions?
19-6617 Melissa Morton v. United States Ninth Circuit 2019-11-14 Denied Response WaivedIFP appeal appellate-review circuit-split criminal-procedure-waiver due-process inter-circuit-conflict intra-circuit-conflict jury-instruction jury-instructions legal-procedure right-relinquishment right-to-appeal waiver Whether a defendant waives his right to challenge a jury instruction on appeal if he proposed the instruction below, even if the record contains no ev…
19-6636 Gregory Williams v. United States Eleventh Circuit 2019-11-14 Denied Response WaivedIFP circumstantial-evidence constitutional-rights due-process fair-trial jury-bias jury-instructions prosecutorial-misconduct sentencing sentencing-reasonableness Whether the government violated Mr. Williams' constitutional right to a fair trial
19-605 Arizona v. Philip John Martin Arizona 2019-11-12 Denied Amici (1)Response RequestedResponse WaivedRelisted (2) appeal criminal-appeal double-jeopardy first-degree-murder greater-offense hung-jury hung-jury-rule jury-instructions jury-verdict lesser-offense richardson-v-united-states second-degree-murder When a jury expressly states it is 'unable to agree' on a defendant's guilt for a greater offense and convicts the defendant of a lesser offense, and …
19-6538 Levi Jermaine Griffin v. United States Eleventh Circuit 2019-11-07 Denied Response WaivedIFP burden-of-proof child-pornography criminal-indictment criminal-knowledge criminal-law criminal-procedure due-process evidence jury-instructions mens-rea possession-of-child-pornography reasonable-doubt statutory-elements Whether the evidence was insufficient to satisfy the government's burden to prove the element of knowledge as to the possession of child pornography c…
19-6524 Franklin Elliott Benson v. Aimee Smith, Warden Eleventh Circuit 2019-11-06 Denied Response WaivedIFP actus-reus civil-rights constitutional-rights corpus-delicti criminal-murder criminal-procedure due-process evidence ineffective-assistance-of-counsel jury-instructions standing venue venue-challenge Whether the element of 'causing the death' is an essential element of malice murder in Georgia under O.C.G.A. 16-5-1(a), and whether the burden was on…
19-6534 Saad Bahoda v. Sherman Campbell, Warden Sixth Circuit 2019-11-06 Denied Response WaivedIFP appellate-procedure Bunkley-v-Florida conflict-of-interest effective-assistance-of-counsel evidentiary-hearing forged-affidavits ineffective-assistance-of-counsel jury-instructions michigan-law People-v-Triplett plain-error self-defense sixth-amendment witness-conflict Whether petitioner was denied his Sixth Amendment right to effective assistance of counsel at trial
19-585 Robert Leigh Stoltz v. Virginia Virginia 2019-11-04 Denied Response Waived age-of-consent criminal-intent criminal-procedure due-process jury-instructions mens-rea reasonable-belief statutory-interpretation undercover-operations Is due process violated where the judge instructs the jury such that even if the jury finds that the defendant knew the alleged victim (an undercover …
19-6461 Vernon Allen Collins v. Maryland Maryland 2019-11-01 Denied Response WaivedIFP advisory-jury-instructions civil-rights collateral-challenges coram-nobis criminal-conviction criminal-procedure due-process habeas-corpus hearsay-rule jury-instructions laches laches-defense structural-errors Whether a writ of error coram nobis petition can be barred under the two-prong test of the laches defense that challenges the constitutionality of a c…
19-572 Ravneet Singh v. United States Ninth Circuit 2019-10-31 Denied civil-procedure due-process evidence harmless-error jury jury-instructions standard-of-review standing sufficiency-of-evidence Whether, upon invalidating one of two alternative theories of liability presented to a jury, the reviewing court should ask if there is 'sufficient ev…
19-6427 Ray A. Smith v. John Chapdelaine, Warden, et al. Tenth Circuit 2019-10-31 Denied Relisted (2)IFP charging-document criminal-procedure due-process evidence ineffective-assistance-of-counsel jury-instructions professional-responsibility prosecutorial-misconduct standard-of-review sufficiency-of-evidence As representatives of the Office of Public Defender, did lawyers Willie Rios and Eric Zale fulfill their professional responsibilities and obligations…
19-6375 Giam Nguyen, Anna Bagoumian, and Donovan Simmons v. United States Fifth Circuit 2019-10-24 Denied Response WaivedIFP compulsory-process deliberate-ignorance due-process harmless-error jury-instructions medicare-fraud reverse-404(b) reverse-404b-evidence Whether the petitioners were deprived of their Fifth Amendment right of due process to present a defense
19-6289 Brian Thomas Mohr v. United States Fifth Circuit 2019-10-17 Denied IFP appellate-procedure case-review circuit-court-case criminal-law criminal-procedure due-process judicial-reconsideration jury-instructions legal-probability rehaif-v-united-states remand standard-of-review statutory-interpretation supreme-court-precedent Whether there is a reasonable probability of different result if the court below is directed to reconsider its judgment in light of Rehaif v. United S…
19-495 Martin Shkreli v. United States Second Circuit 2019-10-16 Denied Response Waived bank-fraud forfeiture-calculation good-faith good-faith-defense jury-instruction jury-instructions loss-causation mail-fraud materiality mens-rea no-ultimate-harm prosecutorial-standard securities-fraud statutory-interpretation wire-fraud Whether a 'no ultimate harm' instruction in a securities fraud prosecution causes prejudicial jury confusion by effectively holding the accused to a h…
19-468 Keesha Elayne Frye v. United States Fourth Circuit 2019-10-09 Denied Response Waived appellate-review burden-of-proof criminal-procedure due-process indictment indictment-redaction jury jury-deliberation jury-instructions meaningful-review redaction standard-of-review Whether the criminal defendant was denied meaningful appellate review when the district court destroyed the only copy of a redacted indictment used by…
19-6216 Maxcium Herring v. L. S. McEwen, Warden Ninth Circuit 2019-10-09 Denied IFP appeal civil-rights constitutional-rights criminal-procedure due-process evidence-admission jury-instructions jury-misconduct sentencing standard-of-review trial-errors waiver Whether the trial court erred in allowing the defendant to take the witness stand in his own defense
19-6151 Ahmed Ali v. Tammy Foss, Acting Warden, et al. Ninth Circuit 2019-10-03 Denied Response RequestedRelisted (2)IFP appellate-review certificate-of-appealability constitutional-rights criminal-procedure criminal-procedure-rights due-process habeas-corpus jury-instruction jury-instructions third-party-culpability trial-court Whether the Court of Appeals erred in denying a Certificate of Appealability on his claim that he was denied his right to present a defense
19-6155 Deounte Ussury v. United States Sixth Circuit 2019-10-03 Denied Response WaivedIFP criminal-law due-process jury-instructions racketeering statutory-interpretation unanimity verdict-form violent-crimes Whether conviction under the Violent Crimes in Aid of Racketeering statute requires a special verdict form where the statute requires unanimity as to …
19-6104 Freya D. Pearson v. United States Eighth Circuit 2019-10-01 Denied Response WaivedRelisted (2)IFP 18-usc-1001 district-court due-process duty-to-speak false-statement government-knowledge government-misconduct jury-determination jury-instruction jury-instructions materiality prosecutorial-discretion statutory-interpretation wire-fraud Can a conviction stand under 18 U.S.C. 1001 (2) without a 'Materiality' determination, and should that Determination come from the District Court or f…
19-6053 Diosme Fernandez Hano v. United States Eleventh Circuit 2019-09-25 Denied Response WaivedIFP appellate-review circuit-split criminal-procedure due-process eleventh-circuit evidentiary-rulings indictment judicial-precedent jury-instructions statute-of-limitations united-states-code witness-testimony Whether the Eleventh Circuit erred in holding that the indictment was returned within the limitation period under 18 U.S.C. § 3297
19-6005 Robert L. Malone v. United States Seventh Circuit 2019-09-19 Denied Response WaivedIFP criminal-history drug-quantity due-process jury-instructions mandatory-minimum methamphetamine-distribution prosecutorial-discretion sentencing sentencing-guidelines supervisory-power Did the lower courts err when they imposed and affirmed Mr. Malone's sentence based on overreliance on his Criminal-History?
19-5994 Benjamin Justin Brownlee v. California California 2019-09-18 Denied IFP civil-procedure criminal-law criminal-procedure due-process evidence evidence-code-section-352 jury-instructions prior-acts-evidence prosecutorial-misconduct right-to-fair-trial robbery-charges sixth-amendment standing Whether the lower court erred in its rulings on the admissibility of evidence and jury instructions, resulting in prejudicial impact on the defendant'…
19-349 Swisher International, Inc. v. Trendsettah USA, Inc., et al. Ninth Circuit 2019-09-17 Denied Amici (2) antitrust antitrust-law competition-harm duty-to-deal jury-instructions market-output monopolist monopoly monopoly-liability refusal-to-deal sherman-act short-term-sacrifice single-firm-output Whether a jury verdict finding a defendant liable under Section 2 of the Sherman Act for refusing to deal or cooperate with a competitor may be upheld…
19-5955 Dennis R. Heilman v. Randy Blades, Warden, et al. Ninth Circuit 2019-09-17 Denied Response WaivedIFP aggravated-assault due-process fourteenth-amendment habeas-corpus ineffective-assistance jury-instructions rape variance Does a variance between the Information charging aggravated assault and rape, and (a) a conviction on non-conforming evidence submitted at trial, and …
19-5920 Michael Don Pogue v. Texas Texas 2019-09-12 Denied Response WaivedIFP criminal-procedure due-process evidence habeas-corpus ineffective-assistance-of-counsel jury-instructions right-to-counsel sixth-amendment Whether the Sixth Amendment right to effective assistance of counsel was violated where trial counsel failed to investigate and present exculpatory ev…
19-5910 Benjamin Carpenter v. Georgia Georgia 2019-09-11 Denied Response WaivedIFP civil-rights complicity constitutional-issue criminal-liability criminal-procedure due-process error-analysis indictment jury-instructions standing supreme-court-review unchorged-crime Whether a theory of criminal liability based on complicity in an uncharged crime is constitutional
19-5893 Melissa Pfeiffer v. Massachusetts Massachusetts 2019-09-10 Denied IFP conscious-disregard-for-risk criminal-law felony-murder inherent-dangerousness inherently-dangerous inherently-dangerous-felony judicial-determination judicial-fact-finding jury-instructions malice-aforethought massachusetts-law presumption-of-malice sentencing Whether the judge or the jury decides the issue of intent in a second-degree felony murder case where the underlying felony is inherently dangerous as…
19-5774 Patrick O. Neiss v. Montana Montana 2019-09-05 Denied Response WaivedIFP burden-of-proof circumstantial-evidence constitutional-rights due-process fourth-amendment holland-v-united-states jury-instruction jury-instructions net-worth-prosecution particularity presumption-of-innocence probable-cause reasonable-doubt search-and-seizure Should this lack of clarity be resolved by this Court?
19-5810 Daniel Lopez DeJesus v. Jeff Premo, Superintendent, Oregon State Penitentiary Ninth Circuit 2019-09-05 Denied Response WaivedIFP burden-of-proof constitutional-error criminal-procedure due-process harmless-error in-re-winship ineffective-assistance jury-instruction jury-instructions presumption winship Did the Ninth Circuit err in applying the harmless error analysis to a jury instruction that implicitly included critical elements of the crime charge…
19-5832 Daniel G. Durain v. Florida Florida 2019-09-05 Denied Response WaivedIFP administrative-law criminal-procedure due-process endangered-species-act environmental-regulation evidence federal-agency-discretion habitat-conservation judicial-interpretation jury-instructions mens-rea premeditation reasonable-doubt Can motive be used to establish premeditation?
19-288 Javier Sanchez, Gregory Casorso, and Michael Marr v. United States Ninth Circuit 2019-09-04 Denied Amici (2)Response RequestedResponse WaivedRelisted (2) antitrust antitrust-law criminal-law criminal-procedure due-process fifth-amendment jury-instructions per-se-rule presumption sherman-act sixth-amendment Whether the operation of the per se rule in criminal antitrust cases violates the constitutional prohibition against instructing juries that certain f…
19-5819 Arthur Rathburn v. United States Sixth Circuit 2019-09-04 Denied Response WaivedIFP confrontation confrontation-clause criminal-procedure due-process evidence-standard evidentiary-issues fair-notice jury-instructions reasonable-doubt right-to-jury-trial right-to-present-defense sufficiency-of-evidence vagueness Whether the government failed to present sufficient evidence to support the convictions beyond a reasonable doubt
19-5753 Trayone Lefferio Bell v. United States Eleventh Circuit 2019-08-29 Denied Response WaivedIFP 18-usc-1029 constitutional-rights criminal-intent criminal-law-mens-rea criminal-procedure due-process flores-figueroa-v-united-states intent jury-instructions knowingly knowledge mens-rea rehaif-v-united-states statutory-interpretation To satisfy the 'knowingly' and with 'intent' in 18 U.S.C. § 1029(A)(3), do Courts have to prove precise 'mens rea' as set forth in Rehaif v. United St…
19-5719 Robert Keith Ray v. Colorado Colorado 2019-08-27 Denied IFP 6th-amendment appellate-review apprendi apprendi-v-new-jersey boyde-standard boyde-v-california capital-case due-process jury jury-instructions sixth-amendment Whether the Court should revisit the 'reasonable likelihood' test adopted in Boyde v. California and instead return to the previous standard where app…
19-5686 Ronnie L. Payne v. United States District of Columbia 2019-08-23 Denied Response WaivedIFP burden-of-proof constitutional-error criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel jury-instruction jury-instructions reasonable-doubt Was trial counsel's performance objectively unreasonable when he did not object to the trial judge's faulty reasonable doubt instruction directing the…
19-237 James R. LaFrieda, et ux. v. Nancy A. Gilbert Nevada 2019-08-22 Denied civil-procedure civil-procedure-rule-50-b judicial-discretion judicial-misconduct jury-instructions jury-verdict professional-negligence proximate-cause punitive-damages standard-of-care statutory-interpretation trial-court-fact-finding Whether the Nevada Supreme Court erred in disregarding past Supreme Court decisions and declaring a state procedural rule ambiguous
19-5669 Matthew Davis v. United States Eighth Circuit 2019-08-22 Denied Response WaivedIFP conspiracy conspiracy-to-distribute constructive-amendment criminal-procedure due-process fifth-amendment ineffective-assistance ineffective-assistance-of-counsel jury-instructions Whether Petitioner is entitled to further consideration on his initial motion under 28 U.S.C. 2255 that his trial counsel was ineffective for failing …
19-5645 Thomas Potts v. California California 2019-08-20 Denied IFP burden-of-proof criminal-procedure due-process jury-instruction jury-instructions possession-of-stolen-property reasonable-doubt robbery robbery-murder theft Where a criminal defendant is charged with robbery (and thus death-eligible robbery-murder) and the jury must decide whether the prosecution proved ro…
19-208 Mark A. Beckham v. United States Eighth Circuit 2019-08-19 Denied appellate-review constitutional-rights criminal-procedure due-process harmless-error jury-instruction jury-instructions reasonable-doubt standard-of-review When is it constitutionally permissible for an appellate court to conclude that a district court's refusal to instruct the jury as to two elements of …
19-5612 Steven Wayne Isbel v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-08-16 Denied IFP circuit-court civil-rights constitutional-claims discretionary-review document-production due-process equal-protection habeas-corpus ineffective-assistance jury-instructions separation-of-powers standard-of-review state-court-exhaustion Whether the district court and the 5th circuit were correct that Isbel did not properly preserve and exhaust his ineffective assistance of trial couns…
19-5566 Reilies Wayne Miller v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2019-08-13 Denied Response WaivedIFP chapman-v-california closing-arguments darden-v-wainwright due-process expert-witness fourteenth-amendment harmless-error jury-instruction jury-instructions self-defense sixth-amendment Consistent with the Fourteenth Amendment and Chapman v. California, could the harmless error analysis applied by the State as to the self-defense jury…
19-182 Francisca Guillen v. Dollar Tree Stores, Inc. Ninth Circuit 2019-08-09 Denied Response Waived california-labor-code california-law district-court-discretion electronic-records employee-protection employee-rights jury-instructions labor-code labor-law labor-standards-enforcement statutory-interpretation wage-statements Whether it was error not to instruct a jury on the law set forth in almost 20-years of opinions of California's Department of Labor Standards Enforcem…
19-5497 John McGill v. United States Eleventh Circuit 2019-08-08 Denied Response RequestedResponse WaivedRelisted (3)IFP burden-of-proof constitutional-rights criminal-procedure due-process fifth-amendment jury-instructions pattern-jury-instructions reasonable-doubt sixth-amendment When a district court issues erroneous jury instructions that include (a) to consider conviction with less than guilt beyond all reasonable doubt and …
19-5484 Geoff Edwin Murphy v. Debbie Asuncion, Warden Ninth Circuit 2019-08-07 Denied IFP attempted-homicide constitutional-rights criminal-procedure discrimination due-process federal-claims forfeiture jury-instructions legal-procedure state-court-rule state-trial-court Whether the state trial court deprived the petitioner of his right to due process by instructing the jury on justifiable attempted homicide
19-5493 David Ray Taylor v. Oregon Oregon 2019-08-07 Denied IFP 8th-amendment death-penalty due-process eighth-amendment execution-moratorium extrajudicial-information juror-misconduct jury-instructions moratorium standing state-action voir-dire Whether a trial court may impose a death sentence during a statewide moratorium on executions
19-5446 Michael Thomas Balint v. Kelly Santoro, Warden Ninth Circuit 2019-08-05 Denied Response WaivedIFP constitutional-rights criminal-procedure critical-stage due-process habeas-corpus harmless-error jury-instructions ninth-circuit right-to-be-present right-to-counsel Did the Ninth Circuit incorrectly determine that California's Dixon rule procedurally barred Balint's claim that he was denied his constitutional righ…
19-5464 Mark A. Ciavarella, Jr. v. United States Third Circuit 2019-08-05 Denied Response WaivedIFP effective-assistance-of-counsel honest-services-mail-fraud ineffective-assistance jury-instructions mail-fraud mcdonnell-v-united-states official-act procedural-default statute-of-limitations Whether Petitioner was denied effective assistance of counsel as a result of the deprivation of a viable statute of limitations defense with respect t…
19-5436 Martin Araiza-Jacobo v. United States Fifth Circuit 2019-08-02 Denied IFP appellate-review circuit-split criminal-procedure criminal-procedure-error deliberate-ignorance harmless-error jury-instruction jury-instructions legal-sufficiency standard-of-review sufficiency-of-evidence Whether the standard for assessing the harmlessness of an erroneously submitted deliberate-ignorance instruction turns only on the legal sufficiency o…
19-5432 Kevin Michael-Dorman Beltowski v. Shawn Brewer, Warden Sixth Circuit 2019-08-01 Denied Response WaivedIFP credibility-determinations criminal-procedure criminal-procedure-error due-process evidence-sufficiency harmless-error instructional-error judicial-review jury-instructions newly-discovered-evidence right-to-defense right-to-present-defense sufficiency-of-evidence Whether instructional error occurred in a way that conflicts with the Supreme Court's clearly established harmless-error precedents
19-138 First State Community Action Agency v. Tamra N. Robinson Third Circuit 2019-07-30 Denied appellate-review circuit-split civil-procedure invited-error jury-instructions plain-error trial-court waiver Whether a party that first raises an issue on appeal has per se waived plain error review
19-139 Delmar Hardy v. United States Ninth Circuit 2019-07-30 Denied cheek-v-united-states criminal-tax good-faith good-faith-reliance jury-instruction jury-instructions professional-reliance reliance-on-accountant specific-intent tax-fraud tax-law tax-professional willfulness Whether a subjective standard must be applied in determining whether there was evidence of full disclosure to support a reliance on a tax professional…
19-141 Jeffrey Fairbanks v. Indiana Indiana 2019-07-30 Denied Response Waived criminal-conviction criminal-procedure due-process evidence evidentiary-rules ex-post-facto judicial-construction jury jury-instructions propensity-evidence reasonable-doubt vague-statute vagueness Whether the judiciary violated the Ex Post Facto Clause when it created a new evidentiary holding to excuse the impermissible use of propensity eviden…
19-5404 Steven Hoff v. California California 2019-07-30 Denied Response WaivedIFP attempted-first-degree-murder due-process due-process-clause evidence-code general-intent intent jury-instructions mistake-or-accident premeditation uncharged-misconduct uncharged-offense Whether the Due Process Clause is violated when a jury is instructed to consider evidence of an uncharged, general intent offense in determining guilt…
19-5370 Pedro Medina Castillon v. California California 2019-07-29 Denied IFP civil-procedure civil-rights criminal-law due-process federal-jurisdiction harmless-error heat-of-passion jury-instructions penal-code preemption standing state-law-claim subject-matter-jurisdiction vagueness Whether the federal court had proper pendent jurisdiction over state law claims
19-5387 Shevaun E. Browne v. United States Third Circuit 2019-07-29 Denied Response WaivedIFP cautionary-instruction criminal-procedure evidence guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-instructions plea-bargaining sixth-amendment third-circuit trial-counsel Whether certiorari review should be granted where the Third Circuit affirmed the district court's ruling that trial counsel was not ineffective for fa…
19-5330 Maurice Montrae Parks v. United States Fourth Circuit 2019-07-26 GVR IFP burden-of-proof constitutional-validity criminal-conviction criminal-procedure criminal-statute due-process firearm-possession firearms jury-instruction jury-instructions mens-rea rehaif-v-united-states second-amendment statutory-interpretation Whether a new trial is warranted where the District Court failed to instruct the jury on a crucial element of 18 U.S.C. § 922(g)
19-5334 Martel Valencia-Cortez v. United States Ninth Circuit 2019-07-25 Denied IFP criminal-procedure due-process evidence eyewitness-identification jury-instruction jury-instructions reliability-factors standing trial-error trial-procedure witness-identification Whether a district court commits error in a federal criminal case by failing to provide a specific eyewitness identification instruction
19-5346 Jose Martinez v. United States Second Circuit 2019-07-25 Denied Response RequestedResponse WaivedRelisted (3)IFP acquitted-conduct burden-of-proof buyer-seller-defense criminal-conviction cross-examination drug-conspiracy due-process jury-instructions jury-trial sentencing sentencing-guidelines sixth-amendment Whether this Court's decisions to allow district courts to use acquitted conduct in imposing sentence violate the Constitution
19-5281 Ronald Wesley Jiles v. Michigan Michigan 2019-07-23 Denied IFP criminal-procedure due-process evidence-admissibility fair-trial fifth-amendment fifth-amendment-right jury-bias jury-instructions prejudice prosecutorial-misconduct self-incrimination Whether a defendant's right to exercise his Fifth Amendment right was prejudiced by the prosecution's comments on it during closing arguments
19-5293 Frank Le'Dell Owens v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2019-07-23 Denied Relisted (2)IFP 6th-amendment compulsory-process constitutional-rights criminal-procedure due-process effective-assistance-of-counsel ineffective-assistance jury-instructions lesser-included-offense pardon-power plea-bargaining right-to-counsel Does pretrial counsel's failure to advise accused of favorable plea offer constitute denial of effective assistance of counsel?
19-5260 Michael Levon Jackson v. United States Eleventh Circuit 2019-07-19 GVR IFP 18-usc-922g acquittal constitutional-law constitutional-rights criminal-procedure due-process element-of-crime jury-instruction jury-instructions jury-unanimity reasonable-doubt sentencing Does an inaccurate jury instruction on an element of a crime violate due process of law?
19-5231 James D. Thomas, Jr., aka Wayne Thomas v. New York New York 2019-07-18 Denied IFP appeal burden-of-proof civil-rights criminal-conviction criminal-procedure due-process evidentiary-rulings fair-trial jury-instructions prejudicial-error prosecutorial-misconduct reasonable-doubt sentencing sufficiency-of-evidence trial-court Whether the People failed to establish beyond a reasonable doubt that Jones Thomas Knowingly Possessed the Cocaine?
19-5169 Timothy Stratton v. Mississippi Mississippi 2019-07-16 Denied Response WaivedIFP 107 325 U.S. 91 65 S.Ct. 1031 89 L.Ed. 1495 (1945) civil-rights criminal-procedure due-process jurisdiction jury-instructions screws-v-united-states venue Whether the trial court failed to instruct the jury on the elements of the crime (venue) as according to Screws v. United States, 325 U.S. 91, 107, 65…
19-78 John Doe, aka Cheyenne Moody Davis v. United States Fourth Circuit 2019-07-16 Denied Amici (1)Response Waived appellate-review conflict-among-courts constitutional-rights criminal-procedure due-process judicial-discretion jury-instructions reasonable-doubt standard-of-proof trial-court Whether a trial court in criminal proceedings must, upon request from the jury, explain the meaning of the 'beyond a reasonable doubt' standard to the…
19-5176 Ernest L. Chambliss v. United States Eleventh Circuit 2019-07-15 Denied Response WaivedIFP confidential-informant criminal-law criminal-procedure due-process entrapment entrapment-defense evidence felon-in-possession firearm-possession jury-instructions standing Whether a defendant who has been charged with possessing a firearm as a convicted felon is entitled to an entrapment instruction when the evidence dem…
19-5153 Christopher B. Ramirez v. Washington Washington 2019-07-12 Denied Response WaivedIFP aggravating-circumstance criminal-procedure due-process eyewitness-identification identification-procedure jury-instructions notice photographic-array police-misconduct sixth-amendment suggestive-circumstances suggestive-identification Whether the trial court should have excluded Carlton Hritsco's identification of Christopher Ramirez
19-5146 Isiah Edward Gilliam v. Michigan Michigan 2019-07-11 Denied IFP discovery discovery-violation due-process fair-trial habitual-offender ineffective-assistance-of-counsel jury-instructions mistrial prior-convictions prosecution prosecutorial-misconduct self-defense Was Mr. Gilliam denied due process and a fair trial
19-5114 Jovanny Rodriguez v. United States Second Circuit 2019-07-09 Denied Response WaivedIFP alibi due-process evidence fifth-amendment indictment indictment-variance interstate-commerce jury-finding jury-instructions sixth-amendment supreme-court-precedent trial variance Petitioner was convicted and sentenced without having an opportunity to establish an alibi due to a variance between the indictment and evidence at tr…
19-2 Jackie Hosang Lawson v. FMR LLC, dba Fidelity Investments, et al. First Circuit 2019-06-28 Denied attorney-fees civil-procedure civil-rights due-process expert-witness-testimony federal-securities-law federal-securities-laws fraud fraud-allegations jury-instruction jury-instructions legal-standards sarbanes-oxley-act securities Is the jury verdict just and proper on the two deciding questions where the jury was not made aware of what constitutes violation of Federal law relat…
18-9810 Erik Ward v. California California 2019-06-27 Denied IFP attempted-murder civil-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel jury-instructions lesser-included-offense physical-evidence premeditation standard-of-proof sufficiency-of-evidence trial-counsel Whether trial counsel failed to provide effective assistance of counsel by not properly performing procedural and due process requirements, and not in…
18-9806 Karlynn Romeo Tones, Donta Lyvoid Blackmon, and Arvin Terrill Carmen v. United States Ninth Circuit 2019-06-26 Denied Response WaivedIFP conspiracy constitutional-rights criminal-conspiracy criminal-procedure defendant-rights due-process indictment indictment-specificity jury-instructions jury-unanimity trial-evidence unanimity Do federal criminal defendants have a constitutional right to a specific unanimity instruction requiring the jury to unanimously define the duration a…
18-9809 Willie Strong v. New York New York 2019-06-26 Denied IFP automobile-presumption burden-of-proof criminal-procedure due-process fourteenth-amendment jury-instructions possession reasonable-doubt statutory-interpretation statutory-presumption When is evidence sufficient to render the 'Automobile Presumption' N.Y. P.-L. §265.15 (3)(a) inapplicable?
18A1364 Swisher International, Inc. v. Trendsettah USA, Inc., et al. Ninth Circuit 2019-06-26 Presumed Complete antitrust-law jury-instructions market-competition monopoly-power refusal-to-deal sherman-act Whether a unilateral refusal to deal in a commercial contract can constitute an antitrust violation without proving the defendant's actions were objec…
18-9799 Benito Rivera v. United States First Circuit 2019-06-25 Denied Response WaivedIFP appellate-review criminal-procedure due-process judicial-discretion jury-instruction jury-instructions reasonable-doubt standard-of-proof Should certiorari be granted to find that, while a district court need not define reasonable doubt, if it does so, it cannot employ a definition that …
18-9767 LaShawn Johnson v. Randy L. White, Warden Sixth Circuit 2019-06-24 Denied Response WaivedIFP 14th-amendment 5th-amendment 6th-amendment aggravating-factors constitutional-rights criminal-procedure due-process indictment jury-instruction jury-instructions Does submitting aggravating factors of a crime in a jury instruction that wasn't charged in the indictment violate Due Process
18-9771 Dennis William Robinson v. Ashley Moody, Attorney General of Florida, et al. Eleventh Circuit 2019-06-24 Denied Response WaivedIFP constitutional-rights due-process effective-assistance-counsel effective-assistance-of-counsel evidence-suppression fair-trial iada-violation jury-instructions prosecutorial-misconduct speedy-trial suppression-of-evidence Did State Court violate Petitioner's constitutional rights?
18-9746 Marion Wilson, Jr. v. Benjamin Ford, Warden Georgia 2019-06-20 Denied IFP capital-case criminal-procedure death-penalty due-process eighth-amendment fair-trial intent jury-instructions prosecutor-misconduct prosecutorial-misconduct standing Are due process and the Eighth Amendment violated when a prosecutor knowingly argues falsehoods about the defendant's culpable acts in order to incite…
18A1344 Saquawn Harris v. United States District of Columbia 2019-06-20 Presumed Complete accomplice-liability aiding-and-abetting appellate-review criminal-law jury-instructions mens-rea Whether an appellate court may affirm a criminal conviction based on a novel theory of accomplice liability not presented to the jury or argued by the…
18-9738 Francisco Gonzalez Jose v. United States Third Circuit 2019-06-20 Denied Response WaivedIFP alternate-juror criminal-procedure deliberations due-process federal-rules-of-criminal-procedure judicial-interpretation jury jury-deliberation jury-instructions mistrial third-circuit united-states-v-sotelo When a juror cannot continue deliberations and an alternate juror is empaneled, does the Third Circuit's decision in United States v. Sotelo conflict …
18-9712 Noe Juarez v. United States Fifth Circuit 2019-06-18 Denied Response WaivedIFP conspiracy conspiracy-law criminal-procedure deliberate-ignorance due-process evidence evidence-404(b) evidence-rule-404b jury-instructions new-trial propensity propensity-evidence prosecutorial-misconduct What is the proper framework for determining whether a prosecutor's improper propensity-based arguments related to 404(b) evidence warrant a new trial…
18A1307 James Destry Hamm v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-06-13 Presumed Complete criminal-conviction due-process equal-protection jury-instructions stalking-statute sua-sponte Whether a trial court's failure to provide complete jury instructions constitutes a due process violation that warrants reversal of a criminal convict…
18-9614 Rick Allen Rhoades v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-06-12 Denied IFP 8th-amendment capital-murder due-process jury-consideration jury-instructions mitigating-evidence punishment-phase structural-error trial-procedure Is the exclusion of relevant mitigating evidence during the punishment phase of a capital murder trial structural error, when the wrongfully excluded …
18-9605 Don Ferguson v. Florida Florida 2019-06-11 Denied IFP 7th-amendment compelled-speech content-neutrality criminal-procedure due-process equal-protection fair-trial first-amendment free-speech government-regulation jury-instructions private-entities Whether the First Amendment prohibits the government from requiring private entities to host speech they disagree with
18-9609 Charles L. v. Donnie Ames, Superintendent, Mount Olive Correctional Complex West Virginia 2019-06-11 Denied IFP collateral-acts collateral-acts-evidence ineffective-assistance ineffective-assistance-of-counsel jury-instructions lesser-included-offense limiting-instruction sixth-amendment strickland-standard strickland-v-washington trial-counsel Does the failure of trial counsel to request a limiting instruction related to unindicted collateral acts evidence constitute ineffective assistance o…
18-9617 Randolph Harris Austin v. United States Fourth Circuit 2019-06-11 Denied Response WaivedIFP cocaine cocaine-base constitutional-rights constitutional-safeguards democratic-constraints due-process grand-jury grand-jury-indictment indictment jury-instructions procedural-rights procedural-safeguards Whether the grand jury's indictment for cocaine base and the jury's instruction that it did not matter whether it was cocaine base or cocaine, which r…
18-1528 Jake Paul Heiney v. Ohio Ohio 2019-06-10 Denied Response Waived criminal-conviction criminal-procedure due-process harmless-error harmless-error-analysis jury-finding-of-guilt jury-instruction jury-instructions reasonable-doubt structural-error sullivan-v-louisiana winship Improper-jury-instruction-on-element-of-offense
18-9583 Alfredo M. Vasquez v. California California 2019-06-07 Denied IFP constitutional-law due-process evidence federal-constitution jury-instructions reasonable-doubt sexual-assault sexual-contacts state-constitution victim Was the exclusion of evidence regarding the alleged victim's prior sexual contacts with her boyfriend a denial of due process under the Federal and St…
18-9564 Brian Suniga v. Texas Texas 2019-06-06 Denied IFP death-penalty due-process eighth-amendment jury-instructions mitigation-evidence moral-blameworthiness tennard-v-dretke tex-code-crim-proc-art-37-071-section-2-f-4 Whether the Texas death penalty statute, which limits the scope of mitigating evidence to that which reduces the defendant's 'moral blameworthiness,' …
18-9474 Irving Madden v. Michael Melvin, Warden Seventh Circuit 2019-05-30 Denied Response WaivedIFP 6th-amendment appellate-review constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel jury-instructions self-defense sixth-amendment strickland-standard Whether the Seventh Circuit Court of Appeals decision is consistent with Strickland v. Washington
18-9434 Juan Carlos Rodriguez v. United States Eleventh Circuit 2019-05-29 Denied Response WaivedIFP 404(b) 4th-amendment co-defendant-consent consent-search consent-to-search fourth-amendment jury-instructions prior-bad-acts prior-bad-acts-404(b) rule-404b search-and-seizure sentencing sentencing-variance standing-4th-amendment-search-and-seizure standing-to-suppress variance warrantless-search Whether the trial and appellate court erred in adjudging that Petitioner had no standing to request suppression of evidence obtained from a warrantles…
18-9445 Volvick Vassor v. Florida Florida 2019-05-28 Denied Response WaivedIFP alternate-theories constitutional-rights criminal-conviction criminal-procedure due-process equal-protection griffin-v-united-states jury-instructions sufficiency-of-evidence yates-v-united-states Does the holding in Griffin v United States allow a conviction based on alternate theories of offense when only one theory is supported by the evidenc…
18-9397 Miguel Angel Barron v. Raymond Madden, Warden Ninth Circuit 2019-05-23 Denied Response WaivedIFP burden-of-proof constitutional-law criminal-procedure due-process evidence evidence-suppression fair-trial fourth-amendment jury-instructions probable-cause relevance search-and-seizure self-defense warrantless-search Whether a state trial court's jury instruction that reduces the burden of proof or violates a principle of fairness contained in the due process claus…
18-9416 John O. Williams v. Florida Eleventh Circuit 2019-05-23 Denied Response WaivedIFP constitutional-error constitutional-rights criminal-procedure due-process fundamental-fairness habeas-corpus jury-instruction jury-instructions lesser-included-offense Whether the district court judge's order of denial, denying the petitioner's habeas petition and claim, was contrary to or involved an unreasonable ap…
18-9350 Russell Rafael Whitehead v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-05-20 Denied IFP assault-battery constitutional-review court-procedure criminal-law deadly-weapon ineffective-assistance ineffective-assistance-of-counsel jury-charge jury-instructions legal-standard standard-of-review use-of-force Can a fist be considered a deadly weapon in and of itself?
18-9352 Donald C. Ridley v. United States Seventh Circuit 2019-05-20 Denied Response WaivedIFP aiding-abetting aiding-and-abetting Bullcoming-v-New-Mexico confrontation-clause Crawford-v-Washington due-process griffin-v-united-states ineffective-assistance ineffective-assistance-of-counsel jury-instruction jury-instructions rosemond-v-united-states strickland-standard Strickland-v-Washington yates-v-united-states Does a lower Court's admission that a aiding and abetting jury instruction was erroneous in light of this Court decision in Rosemond v. United States,…
18-1439 Shanker Patel v. California California 2019-05-16 Denied Response Waived accomplice-testimony cautionary-instruction circumstantial-evidence corroboration corroboration-requirement criminal-procedure due-process jury-instructions jury-trial sixth-amendment trial-rights Whether a trial court violates the jury trial guarantees of the Sixth Amendment and U.S. Const. art. III, § 2, cl. 3 by refusing to grant a defendant'…
18-9281 Randy Burke v. Diane Prosper, Acting Warden, et al. Virgin Islands 2019-05-15 Denied IFP 6th-amendment civil-rights confrontation-clause constitutional-rights criminal-procedure cross-examination double-jeopardy due-process evidence evidence-law expert-testimony ineffective-assistance jury-instructions right-to-confrontation trial-counsel Whether the counsel's failure to cross-examine the main witness Beatrice Lawrence constituted ineffective assistance of counsel
18-9219 Yaqob Tafan Thomas v. Joseph P. Meko, Warden Sixth Circuit 2019-05-09 Denied Response WaivedIFP aggravating-factor alternative-means burden-of-proof constitutional-challenge constitutional-scrutiny due-process jury-instructions presumption richardson-v-us-schad-v-arizona Does it violate the due process clause when a state intentionally refuses to define every elemental fact in 'alternative means' statute thereby creati…
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…
18-9202 Edilberto Maso Diaz v. United States Fifth Circuit 2019-05-08 Denied Response WaivedIFP co-conspirator co-conspirator-testimony confrontation-clause conspiracy criminal-conviction criminal-procedure cumulative-error due-process evidence evidentiary-sufficiency fifth-circuit-review hearsay hearsay-evidence hearsay-statements jury-instructions standard-of-review trial-procedure Did the Fifth Circuit err by affirming the district court admission of hearsay statements made by an unindicted co-conspirator over the objection of A…
18-9154 Jeffrey William Smith v. Harold W. Clarke, Director, Virginia Department of Corrections Fourth Circuit 2019-05-07 Denied Response WaivedIFP civil-procedure-criminal constitutional-rights criminal-case criminal-procedure due-process judicial-discretion jury-instructions life-imprisonment life-sentence mitigating-factors sentencing sentencing-guidelines separation-of-powers statutory-interpretation Whether the circuit court erred in failing to correct a defective jury instruction
18-1369 James Bradley Anderson v. Washington Washington 2019-05-01 Denied bill-of-particulars criminal-procedure double-jeopardy due-process ineffective-assistance jury-instructions pre-trial-notice prosecutorial-discretion Must the particulars of each count of an information be specified prior to trial, or can a prosecutor be allowed to match alleged acts to the counts i…
18-8987 Michael Wainaina Kariuki v. Washington Washington 2019-04-26 Denied IFP assault constitutional-law conviction criminal-conviction criminal-procedure due-process jurisdiction jury-instructions legal-relief procedural-error second-degree-assault sexual-assault standing victim Whether the defendant, Michael Kariuni, is entitled to reversal of the second-degree-assault conviction with instructions to dismiss
18-9002 David Curtis Smith v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2019-04-26 Denied Response WaivedIFP aedpa de-novo-review ineffective-assistance ineffective-assistance-of-counsel jury-instruction jury-instructions prejudice prejudice-prong sixth-amendment strickland-standard strickland-v-washington Whether the Petitioner was prejudiced under the Sixth Amendment due to trial counsel's failure to object to a concededly erroneous jury instruction an…
18-8981 John Bowling v. Maryland Maryland 2019-04-24 Denied IFP appeal civil-procedure civil-rights conviction criminal-procedure due-process evidence-sufficiency free-speech jury-instructions standing Any ERRONEOUS INSTRUCTION on force WMS Ofer to the funy
18-8955 Gregory Butler v. Steven Johnson, Administrator, New Jersey State Prison, et al. Third Circuit 2019-04-23 Denied IFP 14th-amendment 6th-amendment certificate-of-appealability confrontation-clause criminal-procedure cross-examination due-process evidence fourteenth-amendment jury-instructions other-crimes-evidence sixth-amendment trial-fairness witness-confrontation Whether the district court and the third circuit erred in refusing to issue a certificate of appealability
18-8965 Olusola Olla v. United States Fourth Circuit 2019-04-23 Denied Response WaivedIFP burden-of-proof circuit-split criminal-knowledge criminal-law criminal-procedure deliberate-indifference federal-courts investigative-standard jury-instructions mens-rea prosecutorial-evidence statutory-interpretation willful-blindness Whether, in a criminal case where a statute requires proof of knowledge, the government may establish the requisite knowledge with evidence of a failu…
18-8916 Steven Lawrence Wright v. California California 2019-04-19 Denied IFP abuse-of-discretion burden-of-proof criminal-procedure criminal-trial due-process fifth-amendment jury-instruction jury-instructions legal-standard motion-for-new-trial new-trial standard-of-review Did the trial court's erroneous jury instruction violate the Due Process Clause?
18-8853 Cameron Brown v. California California 2019-04-16 Denied IFP constitutional-rights court-proceedings double-jeopardy due-process jury-instructions jury-verdict lesser-included-offenses mistrial prosecutorial-misconduct trial-transcript Is the defendant convicted due to double jeopardy violation?
18-8773 Emmanuely Germain v. United States Eleventh Circuit 2019-04-10 Denied IFP criminal-procedure criminal-procedure-error essential-elements harmless-error jurisdiction jury-instructions statutory-interpretation sufficiency-of-evidence uncharged-offense venue venue-error Is the omission of an essential element of an offense from jury instructions harmless if there is sufficient evidence to support a conviction of a rel…
18-8719 Ciaran Paul Redmond v. United States Ninth Circuit 2019-04-08 Denied IFP appellate-review circuit-conflict criminal-procedure criminal-procedure-appeal federal-jurisdiction judicial-notice jurisdictional-element jury-instructions jury-trial sentencing standards-of-review statutory-interpretation Whether, after a jury trial, a federal court of appeals can take judicial notice of evidence submitted by the government for the first time on appeal …
18-8728 Joseph Christen Thoresen v. Minnesota Minnesota 2019-04-08 Denied IFP corroborating-testimony credibility credibility-of-witnesses criminal-procedure criminal-procedure-due-process-jury-instructions-d criminal-procedure-jury-instructions drug-addiction due-process forensic-evidence jury-instruction jury-instructions methamphetamine prejudicial-evidence prejudicial-information witness-credibility Whether the court below erroneously held, in conflict with the decisions of two circuits, that a special jury instruction was not warranted when consi…
18-8664 Rodney Tyrone Lowe v. Florida Florida 2019-04-02 Denied IFP caldwell-v-mississippi death-penalty eighth-amendment eighth-amendment-violation harmless-error hurst-v-florida jury-instructions Does the Florida Supreme Court's exclusive reliance on a unanimous recommendation of death to find harmless error for violations of Hurst v. Florida, …
18-8590 Harlin Argelio Ramos v. Utah Utah 2019-03-27 Denied Response WaivedIFP burden-of-proof criminal-procedure ineffective-assistance-of-counsel jury-instructions prejudice self-defense Did the Utah appellate court err in holding that the erroneous jury instruction, which impermissibly shifted the burden of proof onto Petitioner/Defen…
18-8565 Evender Gene Jackson v. Texas Texas 2019-03-26 Denied IFP burden-of-proof constitutional-error direct-appeal harmless-error ineffective-assistance-counsel ineffective-assistance-of-counsel jury-instruction jury-instructions standard-of-review strickland-standard strickland-test strickland-v-washington Whether a trial attorney's failure to object to the omission of a required jury instruction raises the burden of proof on direct appeal, where the out…
18-8566 John Bartholomew Lowe v. Mississippi Mississippi 2019-03-26 Denied Response WaivedIFP burden-of-proof circumstantial-evidence civil-procedure criminal-procedure direct-evidence evidence jury-instructions standard-of-review Whether multiple instances of circumstantial evidence can accumulate and become direct evidence?
18-8575 Jose Camargo-Alejo, aka Jessica Camargo-Alejo v. United States Ninth Circuit 2019-03-26 Denied Response WaivedIFP civil-rights criminal-procedure due-process entrapment entrapment-defense jury-instruction jury-instructions law-enforcement-intent ninth-circuit-precedent objective-theory sorrells-v-united-states subjective-theory Whether a court may decline to instruct a jury on an entrapment defense because the government agents did not objectively intend to induce a crime
18-8490 Bernard Mitchell v. California California 2019-03-21 Denied Response WaivedIFP abuse-of-discretion criminal-street-gangs discretion due-process evidence gang-evidence ineffective-assistance ineffective-assistance-of-counsel jury-exposure jury-instructions jury-prejudice prejudice prosecutorial-misconduct sentencing sentencing-discretion standard-of-review Did the court abuse its discretion in permitting the jury to be exposed to the nicknames 'Crip' and ''Scrap,' which have been taken as a suggestion th…
18-8476 Anthony Grandison v. Maryland Maryland 2019-03-20 Denied Response WaivedIFP capital-sentencing collateral-consequences constitutional-due-process criminal-procedure death-penalty due-process harmless-error jury-instructions mitigating-factors sentencing sentencing-guidelines standard-of-proof Whether the Maryland Court of Appeals erred in finding that Grandison failed to prove he suffered significant collateral consequences from his unconst…
18-8453 Dusty Ray Spencer v. Florida Florida 2019-03-19 Denied IFP binding-precedent capital-sentencing constitutional-rights death-penalty death-penalty-sentencing due-process federal-constitutional-rights jury-instructions jury-responsibility jury-verdict sentencing-process structural-error unanimous-verdict Whether structural error occurs when the jury fails to return a verdict as to multiple critical elements necessary to impose the death penalty
18-8450 Randall Alan Carder v. California California 2019-03-18 Denied IFP assault assault-with-deadly-weapon constitutional-rights counter-attack criminal-procedure deadly-weapon due-process effective-assistance-of-counsel ineffective-assistance-of-counsel jury-instruction jury-instructions self-defense Did the trial court violate petitioner's due process rights by failing to sua sponte instruct the jury on self-defense to a charge of assault with a d…
18-8331 Jeffrey Bowers v. Frank Lawrence, Acting Warden Seventh Circuit 2019-03-07 Denied Response WaivedIFP appellate-procedure circuit-split due-process effective-assistance-of-counsel fourteenth-amendment harmless-error ineffective-assistance ineffective-assistance-of-counsel jury-instructions jury-separation plain-error Whether a conflict exists between the Seventh Circuit Court of Appeals and Appellate Court in case at bar where jury separation after deliberations ha…
18-8276 Derek Sample v. Steven Johnson, Administrator, New Jersey State Prison Third Circuit 2019-03-06 Denied IFP certificate-of-appealability constitutional-violations criminal-procedure due-process due-process,fair-trial,impartial-jury,lesser-inclu fair-trial impartial-jury ineffective-assistance-of-counsel jury-instructions lesser-included-offense right-to-be-present trial-rights Whether the Third Circuit Court of Appeals Erred in Denying Petitioner a Certificate of Appealability
18-8312 Dayomashell David Aguilar v. William Gittere, Warden, et al. Ninth Circuit 2019-03-06 Denied Response WaivedIFP aiding-and-abetting conspiracy criminal-procedure first-degree-murder jury-instructions mens-rea miscarriage-of-justice Whether the Ninth Circuit erred in denying a certificate of appealability on Aguilar's claim that the jury instructions relieved the State of the burd…
18-8275 Brian Sawyers v. United States Ninth Circuit 2019-03-05 Denied Response WaivedIFP civil-rights criminal-justice criminal-procedure due-process equal-protection implicit-bias jury-instruction jury-instructions jury-selection racial-bias racial-discrimination racial-prejudice sixth-amendment voir-dire Whether the federal district court should give an implicit-bias jury-instruction upon-request
18-8232 Jesus Rosales v. Texas Texas 2019-03-04 Denied IFP 6th-amendment allen-charge coercion criminal-procedure due-process judicial-discretion jury-deliberation jury-instruction jury-instructions trial-procedure At what point should a court grant defense's request for an Allen charge, so that the lack of one, in itself, does not become coercive?
18-8251 Zachariah Joel Peterson v. Jay Cassady, Warden Eighth Circuit 2019-03-04 Denied IFP certificate-of-appealability criminal-procedure due-process eighth-circuit felony-murder habeas-corpus ineffective-assistance ineffective-assistance-of-counsel insufficient-evidence jury-instruction jury-instructions standard-of-review Whether the Eighth Circuit court of Appeals abused its discretion in denying petitioner a COA on his claim on insufficient evidence
18-8252 Freddie Taylor v. United States Ninth Circuit 2019-03-04 Denied Response WaivedIFP actual-innocence constitutional-rights conviction due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-instruction jury-instructions mistrial structural-error Whether the United States District Court and the Ninth Circuit Court of Appeals denied the petitioner relief pursuant to the issues raised in a petiti…
18-8254 Eddie Earl Phillips v. Mississippi Mississippi 2019-03-04 Denied Response WaivedIFP constitutional-provisions constitutional-rights conviction criminal-procedure due-process habitual-offender indictment jury-instructions sentencing statement-of-the-case statutory-provisions Whether Phillips' Conviction and Sentence stems from a defective indictment, in violation of his due process rights?
18-8184 Daryl Sharp v. Timothy Dolan District of Columbia 2019-03-01 Denied Relisted (2)IFP appeal civil-procedure civil-rights criminal-procedure due-process evidence free-speech jurisdiction jury-instructions standard-of-review standing Whether the evidence presented at trial was sufficient to support the conviction
18-8217 Marvin Johnson v. United States Second Circuit 2019-03-01 Denied Response WaivedIFP due-process enterprise enterprise-membership fair-trial jury-instructions racketeering racketeering-act violent-crime Whether evidence supporting a conviction of violent crime in aid of racketeering must demonstrate the defendant was a member of the alleged enterprise
18-8205 Elamin Bashir v. United States Third Circuit 2019-02-28 Denied Response WaivedIFP conspiracy criminal-law criminal-procedure drug-trafficking due-process individualized-jury-finding jury-finding jury-instructions mandatory-minimum sentencing Whether the mandatory minimum sentence was improperly imposed for drug-trafficking conspiracy, because individualized jury finding as to quantity of d…
18-8120 Jerry Lynn Lofton v. Mississippi Mississippi 2019-02-25 Denied Response WaivedIFP criminal-procedure criminal-trial defendant-rights due-process fifth-amendment jury-instruction jury-instructions prosecutorial-comment prosecutorial-misconduct right-to-silence self-incrimination testimonial-privilege Whether a prosecutor who this Court has held may not comment to a jury concerning a defendant's failure to testify in a criminal trial may submit his …
18-8028 Ronald Reel v. Darrel Vannoy, Warden Fifth Circuit 2019-02-21 Denied Response WaivedIFP 5th-amendment 6th-amendment civil-rights criminal-procedure due-process ineffective-assistance-of-counsel jury-instructions reasonable-doubt self-representation speedy-trial Whether petitioner was deprived of his 5th Amendment right to the Reasonable Doubts Clause
18-8055 Kevin Ventura v. United States Second Circuit 2019-02-21 Denied Response RequestedResponse WaivedRelisted (2)IFP 18-usc-924c apprendi apprendi-v-new-jersey apprendi-violation circuit-split criminal-procedure due-process jury-consideration jury-instructions jury-trial mandatory-minimum sentencing sentencing-enhancement statutory-interpretation Is Mr. Ventura is serving two life sentences imposed in violation of Apprendi v. New Jersey?
18-8067 Arthur Nop Lew v. California California 2019-02-21 Denied Response WaivedIFP appellate-review constitutional-rights criminal-procedure due-process jury-instructions jury-trial self-defense sufficiency-of-evidence sufficiency-of-the-evidence trial-by-jury Whether upholding a criminal conviction based on a jury instruction and legal standard that are more favorable to the prosecution than what was actual…
18-8014 Wyley Tomas Baird v. Tammy Foss, Acting Warden Ninth Circuit 2019-02-19 Denied IFP burden-of-proof civil-rights criminal-procedure due-process evidence federal-court ineffective-assistance-of-counsel judgment jury-instructions opinion petition prosecutorial-misconduct reasonable-doubt sexual-assault supreme-court writ-of-certiorari Was Petitioner denied due process of law and the right to be convicted only upon proof beyond a reasonable doubt?
18-8001 William Fykes v. West Virginia West Virginia 2019-02-15 Denied IFP 14th-amendment constitutional-rights credibility criminal-procedure due-process intent jury-instructions post-arrest-silence prosecutorial-misconduct self-incrimination Whether Petitioner's rights under the due process of law were violated where the trial Court committed reversible error by refusing to provide jurors …
18-1066 Tracy Chang and Howard Hsu v. United States Ninth Circuit 2019-02-14 Denied Response Waived criminal-defense criminal-procedure fourth-amendment good-faith good-faith-defense good-faith-reliance jury-instructions search-warrant standing tax-fraud Whether a court must instruct the jury on a criminal defendant's good-faith reliance on professional tax advice as a defense, the scope of discretion …
18-7973 Jaime Villa v. United States Ninth Circuit 2019-02-14 Denied Response WaivedIFP bank-robbery burden-of-proof crime-of-violence criminal-evidence criminal-law criminal-procedure due-process eighth-amendment federal-rules-of-evidence jury-instructions reasonable-doubt sufficiency-of-evidence Whether there was insufficient evidence to prove Villa guilty beyond a reasonable doubt?
18-7858 Arif Majid v. Jeff Noble, Warden Sixth Circuit 2019-02-08 Denied Response WaivedIFP burden-of-proof closing-argument constitutional-rights due-process fair-trial jury-bias jury-instructions prosecutorial-misconduct religious-prejudice trial-fairness Whether a prosecutor's appeals to religious prejudice in closing argument and throughout trial to inflame the passions of the jury embody animus or of…
18-7820 Kelly Winton Pierce v. Erik Hooks Fourth Circuit 2019-02-07 Denied Response WaivedIFP burden-of-proof civil-rights criminal-conviction criminal-procedure due-process essential-element jury-instructions sex-offender sex-offender-registration Whether a criminal defendant's jury trial was fundamentally violated due to the trial judge's jury instructions that changed and expanded the definiti…
18-7826 Curtis R. Leachman v. Thomas Winn, Warden Sixth Circuit 2019-02-07 Denied Response WaivedIFP compulsory-process criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel jury-determination jury-instruction jury-instructions michigan-self-defense-act psychological-expert self-defense self-defense-statute Was petitioner denied the right to compulsory process when the trial court failed to grant funds for a psychological expert to aide the jury in determ…
18-7782 James E. Mason, Jr. v. Darrel Vannoy, Warden Fifth Circuit 2019-02-06 Denied IFP batson-challenge batson-challenges burden-of-proof confrontation confrontation-clause constitutional-rights criminal-procedure due-process impeached-testimony ineffective-assistance-of-counsel ineffective-counsel insufficient-evidence jury-instructions jury-selection race-neutral-challenges Whether the State obtained Mr. Mason's conviction with insufficient evidence
18-7766 Rishawn Lamar Reeder v. Cecelia Reynolds, Warden Fourth Circuit 2019-02-05 Denied Response WaivedRelisted (2)IFP alibi-witnesses criminal-procedure due-process evidence evidence-presentation eyewitness-testimony gunshot-residue impeachment ineffective-assistance ineffective-assistance-of-counsel jury-instructions self-defense surveillance-video trial-counsel witness witness-testimony Did the court err in finding trial counsel ineffective
18-7702 George Reese v. Dushan Zatecky, Superintendent, Pendleton Correctional Facility Seventh Circuit 2019-02-01 Denied Response WaivedIFP 14th-amendment 6th-amendment constitutional-violations due-process fifth-amendment ineffective-assistance ineffective-assistance-of-counsel jury-instructions prosecutorial-misconduct vouching Whether the prosecutor committed misconduct
18-7714 Anthony Grandison v. Maryland Maryland 2019-02-01 Denied Response WaivedIFP blockburger-test common-law-murder commutation cumulative-punishment double-jeopardy double-jeopardy-clause due-process felony-murder handgun-use jury-instructions legislative-intent merger-of-offenses non-merger-rule prosecutorial-discretion required-evidence-test sentencing statutory-construction statutory-offenses Whether the Maryland Court of Appeals erred in holding...
18-7641 Arturo Huerta v. Ron Davis, Warden Ninth Circuit 2019-01-30 Denied IFP civil-rights constitutional-law criminal-procedure due-process evidence jury-instructions sentencing Whether the natural and probable consequences of a criminal act can support a conviction for second-degree murder under the 'natural and probable cons…
18-7553 Elmos D. Hopkins v. Robert Dooley, Warden, et al. Eighth Circuit 2019-01-24 Denied IFP civil-rights confession confrontation-clause criminal-procedure due-process evidence ineffective-assistance-of-counsel jury jury-instructions right-to-counsel witness Whether a defendant can be convicted by a jury when two key witnesses (owners of the home) were not allowed to testify
18-7523 Charles James v. Jeffrey Krueger, Warden Eighth Circuit 2019-01-23 Denied Response WaivedIFP constitutional-rights due-process equal-protection felony-murder jury-instruction jury-instructions retroactivity statutory-interpretation Whether the Iowa state court decision in State v. Heemstra, that it is an interpretation of the statute, is contrary to the decision in State v. Goosm…
18-7479 Farrell Haycraft v. Indiana Indiana 2019-01-17 Denied Response WaivedIFP criminal-procedure double-jeopardy due-process judicial-discretion jury-deliberation jury-instructions mistrial trial-court-error verdict verdict-modification Did the Trial Court Err when it order the jurors to redeliberate after it reach a verdict of guilty and not guilty on all counts?
18-7427 Abdirahman Yasin Daud v. United States Eighth Circuit 2019-01-16 Denied Response WaivedIFP appellate-review criminal-procedure due-process harmless-error harmless-error-analysis jury-instruction jury-instructions jury-trial sixth-amendment specific-intent Whether the Court of Appeals' application of 'harmless error' analysis to an erroneous jury instruction violated the defendant's Sixth Amendment right…
18-7442 Kevin Underwood v. Mike Carpenter, Warden Tenth Circuit 2019-01-16 Denied IFP aggravating-circumstances apprendi-v-new-jersey beyond-reasonable-doubt capital-punishment capital-punishment-scheme capital-sentencing death-penalty due-process jury-findings jury-instructions mitigating-circumstances reasonable-doubt supreme-court-precedent tenth-circuit Whether the Tenth Circuit's decision conflicts with Apprendi v. New Jersey and Ring v. Arizona
18-7466 Glenn Bennett, Jr. v. Julie L. Jones, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2019-01-16 Denied Response WaivedIFP burden-of-proof constitutional-rights criminal-defense criminal-procedure due-process fifth-amendment fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel jury-instruction jury-instructions sixth-amendment Whether the erroneous jury instruction given in Mr. Bennett's case negated his only defense and relieved the State of the burden of proving all elemen…
18-7416 Javier Solis v. Julie L. Jones, Secretary, Florida Department of Corrections Eleventh Circuit 2019-01-15 Denied IFP confrontation-clause crawford-precedent crawford-v-washington hearsay hearsay-exception jury-instructions jury-interpretation police-testimony sixth-amendment testimonial-evidence truth-of-the-matter-asserted Whether 'testimonial' or 'non-testimonial' should be the only factor in deciding whether Crawford's protection should apply
18-7430 Mohamed Abdihamid Farah v. United States Eighth Circuit 2019-01-15 Denied Response WaivedIFP appellate-review criminal-procedure due-process harmless-error jury-instructions specific-intent trial-by-jury witness-credibility Whether the failure to include in jury instructions the required element of specific intent is subject to harmless error analysis where the element is…
18-7406 Benjamin James Boatman v. Ralph Diaz, Acting Secretary, California Department of Corrections and Rehabilitation Ninth Circuit 2019-01-14 Denied IFP criminal-procedure cumulative-error drug-induced-psychosis due-process heat-of-passion ineffective-assistance jury-instructions prosecutorial-misconduct right-to-counsel Ineffective assistance of counsel
18-7371 Nicole Johnson v. California California 2019-01-11 Denied Response WaivedIFP burden-of-proof circumstantial-evidence civil-rights criminal-conviction criminal-procedure due-process jury-instructions presumption-of-innocence reasonable-doubt stolen-property Whether proof that the defendant possessed recently stolen property—any stolen property, as far as the instruction is concerned, even if the defendant…
18-7297 Donnie Howard v. California California 2019-01-10 Denied Response WaivedIFP burden-of-proof criminal-procedure jury-instructions jury-trial reasonable-doubt burden-of-proof due-process fourteenth-amendment jury-instructions jury-trial reasonable-doubt sixth-amendment Did the trial court's statements during jury selection equating being convinced beyond a reasonable doubt with being 'sure' or 'positive' of guilt vio…
18-7308 Ronnie Junior Rodriguez v. United States Eleventh Circuit 2019-01-09 Denied Response WaivedIFP civil-rights criminal-procedure due-process evidence expert-testimony expert-witness federal-agent jury-instructions photographic-evidence pro-se-defense prosecutorial-misconduct witness-testimony Whether the defendant's due process rights were violated when the government presented unreliable expert testimony and improperly influenced the jury
18-7330 Michael Anthony Garrett v. United States Eighth Circuit 2019-01-09 Denied Response WaivedIFP 5th-amendment 6th-amendment constitutional-rights criminal-procedure defense-theory due-process evidence fifth-amendment jury-instructions right-to-present-defense sixth-amendment trial-evidence Whether a defendant's constitutional right to present a defense encompasses the right to have the jury instructed on a theory of defense that constitu…
18-7264 Joel E. Miller v. United States Tenth Circuit 2019-01-07 Denied Response WaivedIFP controlled-substances controlled-substances-act criminal-liability drug-trafficking gonzales-v-oregon jury-instructions medical-malpractice medical-practice medical-practitioner prosecutorial-discretion standard-of-care united-states-v-moore Whether the phrase 'issued for a legitimate medical purpose by an individual practitioner acting in the usual course of his professional practice' mus…
18-7272 Juan Pablo Arreola v. United States Second Circuit 2019-01-07 Denied Response WaivedIFP cocaine-trafficking criminal-procedure criminal-procedure-evidence due-process evidence evidence-admission indictment-scope jury-instructions prosecutorial-misconduct sentencing standards-of-review Whether evidence of uncharged cocain trafficking was admitted erroneously
18-7222 Winifred Jiau v. United States Second Circuit 2019-01-04 Denied Response WaivedIFP 28-usc-2253 certificate-of-appealability constitutional-claims due-process habeas-corpus insider-trading jury-instruction jury-instructions statutory-interpretation Whether a prisoner must prove that some jurists would grant habeas corpus
18-7210 Gordon Prailow v. Maryland Maryland 2019-01-03 Denied Response WaivedIFP automatic-reversal collateral-review constitutional-deficiency criminal-procedure due-process habeas-corpus jury-instructions jury-verdict reasonable-doubt retroactivity sixth-amendment watershed-rule Whether state collateral review courts must retroactively apply the watershed/bedrock procedural rule of automatic reversal to jury findings that are …
18-836 Phil Miranda Luna v. Florida Florida 2019-01-03 Denied Response Waived capital-sexual-battery criminal-procedure due-process entrapment internet-sting internet-sting-operation jury-instruction jury-instructions minor sexual-battery statutory-entrapment traveling-to-engage-sex-with-minor Whether due process is denied when a trial court refuses to instruct a jury on a statutory entrapment defense
18-7215 Salih Zeki Uces v. United States Eleventh Circuit 2019-01-02 Denied Response WaivedIFP constructive-amendment criminal-procedure due-process fifth-amendment indictment-amendment international-kidnapping international-parental-kidnapping jury-instructions mens-rea parental-rights Whether the Eleventh Circuit violated Mr. Uces's rights under the Fifth Amendment
18-7146 Jonathan Samuel Sage v. Washington Washington 2018-12-21 Denied IFP confrontation confrontation-clause cross-examination double-jeopardy double-jeopardy-clause due-process evidence-restriction judicial-review jury-instructions multiple-convictions same-crime same-person-same-time separate-and-distinct-conduct uncharged-misconduct witness-credibility Should this Court grant review where Washington State's published Court of Appeals decision affirmed these multiple convictions despite ambiguous and …
18-7110 James M. Flinn v. Mike Parris, Warden Sixth Circuit 2018-12-19 Denied Response WaivedIFP criminal-procedure due-process evidence fourteenth-amendment indictment indictment-allegations insufficient-evidence jury-instructions reasonable-doubt sufficiency-of-evidence Whether the Petitioner was convicted upon insufficient evidence in violation of the Due Process Clause
18-7130 Matthew G. Alden, Jr. v. Massachusetts Massachusetts 2018-12-19 Denied Response RequestedResponse WaivedRelisted (2)IFP burden-of-proof criminal-charges criminal-charges-text-messages criminal-procedure due-process ineffective-assistance jury-instructions preponderance-of-evidence preponderance-of-the-evidence proof-beyond-reasonable-doubt reasonable-doubt right-to-acquittal structural-error text-message-evidence text-messages Whether the government's use of a preponderance-of-the-evidence standard to prove that the defendant sent text messages violates the defendant's right…
18-7076 Evelyn Person v. United States Second Circuit 2018-12-18 Denied Response WaivedIFP appellate-review circuit-split conspiracy criminal-procedure due-process inconsistent-verdicts jury-instructions jury-verdict legal-conflict narcotics narcotics-conspiracy special-interrogatories Whether the Second Circuit's failure to vacate the verdict of guilt rendered against Petitioner in the narcotics conspiracy count based upon an irreco…
18-7060 Brian William Schumaker v. Hector Joyner, Warden Fourth Circuit 2018-12-17 Denied Response WaivedIFP actual-innocence constitutional-claims due-process judicial-notice jury-instructions prudential-consideration theory-of-defense void-for-vagueness Whether the lower courts erred in recharacterizing and failing to fully consider the petitioner's constitutional claims of actual innocence and theory…
18-7056 David Leonard Johnson v. California California 2018-12-14 Denied IFP california-law criminal-law criminal-procedure criminal-procedure-lesser-included-offense descamps-standard due-process jury-instructions lesser-included-offense prejudicial-error prior-convictions receiving-stolen-property robbery Is the crime of receiving stolen property a lesser included offense of robbery, and if so, was the trial court's failure to instruct on receiving stol…
18-7025 Tyree Marquez Burt v. California California 2018-12-13 Denied IFP coercion due-process fair-trial fifth-amendment fourteenth-amendment hung-jury judicial-instruction jury-coercion jury-instructions trial-procedure Was the trial court's admonition to a deadlocked jury coercive, implicating the petitioner's due process rights to a fair trial?
18-6975 Roy Arlen Van Nortrick v. Louisiana Louisiana 2018-12-11 Denied Response WaivedIFP burden-of-proof criminal-procedure due-process duress duress-inducements-promises involuntary-statements judicial-error jury-instructions reasonable-doubt Whether reasonable jurist would debate that the State failed to meet its burden of proof of beyond a reasonable doubt that Mr. Van Nortrick is guilty
18-6976 Joseph Lochuch Ewalan v. Washington Washington 2018-12-10 Denied IFP criminal-procedure criminal-trial double-jeopardy due-process evidentiary-basis jury-instruction jury-instructions lesser-included-offense standard-of-review state-court sufficiency-of-evidence united-states-v-dixon Whether the state trial court erred when it failed to instruct the jury on a lesser included offense when the evidence in the case supports an inferen…
18-6977 James Edward Mitchell v. California California 2018-12-10 Denied IFP california california-law constitution constitutional-law constitutional-violation criminal-law criminal-procedure due-process inhabitance-standard jury-instruction jury-instructions residential-burglary statutory-interpretation Does the standard jury instruction for residential burglary in California violate the United States Constitution where it fails to convey that the 'di…
18-6937 Steven Arthur Morrill v. United States Eleventh Circuit 2018-12-07 Denied Response WaivedIFP attempt criminal-law due-process eleventh-circuit jury-instructions mens-rea sexual-offense statutory-interpretation Whether defining 'induce' to mean 'to cause,' without further instructing on what must be caused, leaves defendants vulnerable to being convicted for …
18-6964 Henry L. Wallace v. United States District of Columbia 2018-12-07 Denied Response WaivedIFP civil-rights criminal-procedure criminal-procedure-defects double-jeopardy due-process indictment-amendment ineffective-assistance ineffective-assistance-of-counsel jurisdiction jurisdictional-defect jury-instruction jury-instructions prosecutorial-misconduct standing Whether a jurisdiction defective indictment can be procedurally or time bar adjudication
18-6910 Elseddig Elmarioud Musa v. United States Ninth Circuit 2018-12-04 Denied Response WaivedIFP criminal-procedure due-process evidence evidentiary-sufficiency fraud-allegations judicial-discretion jury-instructions motion-for-acquittal prosecutorial-misconduct rule-29-motion sufficiency-of-evidence Whether the district court improperly denied Musa's Rule 29 motion
18-6901 Enoch D. Hall v. Florida Florida 2018-12-03 Denied IFP advisory-panel aggravating-circumstances Caldwell-v-Mississippi civil-rights constitutional-due-process death-penalty due-process harmless-error hurst-decision jury-instructions jury-role jury-sentencing sentencing sentencing-process unanimous-recommendation Whether the Hurst error is harmless given the jury's diminished sense of responsibility as an advisory panel, resulting in a Caldwell v. Mississippi e…
18-6902 Scott Mansfield v. Florida Florida 2018-12-03 Denied IFP criminal-conviction criminal-procedure death-penalty death-sentence due-process fact-finding findings-of-fact jury-findings jury-instructions notice procedural-due-process sentencing unnoticed-defendant Whether a conviction and death sentence may stand where a jury made no specific findings of fact that subjected an unnoticed individual to conviction …
18-6882 Willie Seth Crain, Jr. v. Florida Florida 2018-11-30 Denied IFP remedies prior constitutional defects in capital which requires unanimous jury findings of aggrava advisory-sentencing-panel aggravating-circumstances caldwell-v-mississippi capital-sentencing civil-rights constitutional-error death-penalty death-penalty-sentencing due-process harmless-error Hurst-decision hurst-v-florida jury-instructions jury-role jury-unanimity mitigating-circumstances sentencing sentencing-procedure Whether the Hurst error is harmless in light of the jury's diminished sense of responsibility as an advisory panel under Caldwell v. Mississippi
18-6849 Steven James v. Massachusetts Massachusetts 2018-11-27 Denied Response WaivedIFP appellate-review constitutional-rights due-process federal-constitutional-rights jdb-v-north-carolina jury-instructions juvenile-brain-science juvenile-homicide juvenile-justice juvenile-rights miller-retroactivity miller-v-alabama retroactivity sentencing-standards Whether the Massachusetts statute M.G.L. c.278 sec.33E and the state court judge's decision denying discretionary appellate review for juvenile homici…
18-6800 Robert Ryan Powell v. United States Ninth Circuit 2018-11-26 Denied Response WaivedIFP constructive-amendment double-jeopardy fifth-amendment grand-jury indictment jury-instructions jury-unanimity plain-error sixth-amendment statute-of-limitations Where jury instructions lack the dates and timeframes specified in the indictment, do the jury instructions constructively amend the indictment, and t…
18-6805 Jose Rodriguez v. Daniel Paramo, Warden Ninth Circuit 2018-11-26 Denied IFP abuse-of-discretion constitutional-rights criminal-procedure due-process federal-question first-degree-murder ineffective-assistance ineffective-assistance-of-counsel insufficient-evidence jury-instructions penal-code-187a principal reasonable-doubt Whether the petitioner's conviction for first-degree murder lacked sufficient evidence to support the verdict
18-6817 Michael Albert Focia v. United States Eleventh Circuit 2018-11-26 Denied Response WaivedIFP criminal-procedure due-process judge-vs-jury judicial-fact-finding jury-instructions jury-trial obstruction-of-justice pro-se sentence-enhancement sentencing separation-of-powers sixth-amendment Whether the court's instructions to the jury violated the Separation of Powers doctrine
18-687 Auriel Devon Frett v. Territory of the Virgin Islands Virgin Islands 2018-11-26 Denied chambers-v-mississippi co-defendant-testimony confrontation confrontation-clause criminal-procedure cross-examination cumulative-error-doctrine due-process jury-instructions sentencing sixth-amendment Whether the instruction to not consider the specific length of sentence a testifying co-defendant faced absent cooperation violates a defendant's sixt…
18-6797 Stephanie Irene Greene v. South Carolina South Carolina 2018-11-23 Denied Response WaivedIFP but no text was provided for me to analyze. Witho I cannot generate a question presented or identif please provide the full text of the petition. conviction criminal-procedure due-process jury-instructions mens-rea scientific-evidence standard-of-review Did the South Carolina Supreme Court apply the proper standard of review under Jackson v. Virginia when they affirmed the conviction of Stephanie Iren…
18-662 Mary McDonald v. City of Wichita, Kansas Tenth Circuit 2018-11-21 Denied Response Waived adverse-action but-for-causation but-for-cause employment-discrimination jury-instruction jury-instructions predominant-cause retaliation sole-cause sole-cause-standard standard-of-proof title-vii Does a court err by instructing a jury that a plaintiff must prove that retaliation is 'the' but-for cause of the adverse action, rather than 'a' but-…
18-6721 Gavin Cullens v. Cindi Curtin, Warden Sixth Circuit 2018-11-16 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel jury-instructions self-defense trial-counsel Did the trial court err when it gave out self-defense instruction for complainants who were not accused of any crimes to warrant a defense? Alternativ…
18-6726 Billy Brantley v. Indiana Indiana 2018-11-16 Denied Response WaivedIFP 14th-amendment burden-of-proof charged-offense constitutional-law criminal-procedure due-process evidence fourteenth-amendment jury jury-instructions reasonable-doubt Where the State must present 'some' evidence of a particular fact before a jury may find a defendant guilty of a charged offense, does the Due Process…
18-6691 Delilah McCurtis v. Maggie Burke, Warden Seventh Circuit 2018-11-14 Denied Response WaivedIFP criminal-procedure due-process evidence fair-trial ineffective-assistance ineffective-assistance-of-counsel jury-instructions prior-consistent-statements prior-inconsistent-statements witness-testimony Where petitioner was denied a fair trial due to the introduction of prior inconsistent statements
18-6697 Kevin Marquette Bellinger v. United States Fourth Circuit 2018-11-14 Denied Response WaivedIFP burden-of-proof criminal-procedure due-process evidence federal-jurisdiction jury jury-instructions malice-aforethought mens-rea murder murder-conviction statutory-interpretation sufficiency-of-evidence Whether there was sufficient evidence presented to the jury in Bellinger's case to convict Bellinger of murder as alleged in Counts One and Two, where…
18-6663 Esau Escobar v. Illinois Illinois 2018-11-13 Denied IFP appellate-review civil-rights criminal-procedure double-jeopardy due-process jury-instructions murder murder-conviction prior-acts provocation provocation-defense self-defense substantial-evidence Whether the Appellate Court erred in rejecting the Petitioner's claim of provocation instruction due to the Petitioner's testimony that he acted out o…
18-6615 Eugene Riley, III v. Stephanie Dorethy, Warden Seventh Circuit 2018-11-08 Denied IFP 6th-amendment criminal-justice due-process evidence jury-instructions law legal-assessment legal-principles separateness-of-events Whether Ritey was denied his 6th Amendment right to have his jury assessed with instructions on the application of legal principles to the evidence an…
18-6619 Dominic C. Robinson v. Mississippi Mississippi 2018-11-08 Denied Response WaivedIFP but the text you've provided appears to be incomp comprehensible text of a SCOTUS petition garbled I cannot extract a meaningful question presented I will respond with: 'Question not identified." or unreadable. Without a clear appeal civil-rights criminal-procedure due-process evidence exculpatory-evidence jury-instructions miranda-rights standing Whether jury instruction 5/4A was improper?
18-6620 Joe Louis Armenta v. Ralph Diaz, Acting Secretary, California Department of Corrections and Rehabilitation Ninth Circuit 2018-11-08 Denied Response WaivedIFP 28-usc-2254 aedpa deck-v-jenkins fourteenth-amendment habeas-corpus habeas-proceedings jury-instructions procedural-default prosecutorial-misconduct standard-of-review Do prior decisions of this Court compel the conclusion that so long as the jury is properly admonished and instructed, there cannot be a viable claim …
18-6635 Eddie Hampton v. California California 2018-11-08 Denied IFP criminal-procedure criminal-procedure-error felony-murder first-degree-murder jury-instruction jury-instructions murder natural-and-probable-consequence natural-probable-consequence prejudice-standard premeditated-murder standard-of-prejudice Where she jury was erroneously instrycted on (a) Murder as a natural and presbable consequence per peopie vs chiu 39 cal 4th $35 172 cad Rotr 3d 438 3…
18-6636 James Edward Griffin v. Eric Arnold, Warden Ninth Circuit 2018-11-08 Denied IFP due-process evidence evidence-admission fair-trial fourteenth-amendment gang jury-instructions misconduct motorcycle-gang prosecutorial-misconduct Was appellant deprived of a fair trial and due process of law under the Fourteenth Amendment to the United States Constitution when the trial court al…
18-6639 Stuart Dizak v. Brandon Smith, Superintendent, Mid-State Correctional Facility Second Circuit 2018-11-08 Denied Response WaivedIFP actual-innocence conspiracy-charge criminal-procedure due-process ineffective-assistance-of-counsel jailhouse-informant judicial-misconduct jury-instructions jury-notes perjured-testimony perjury prosecutorial-misconduct Whether the state court failed to return the defendant to the courtroom upon receipt of two substantive jury notes, and whether the actual charge of c…
18-6576 Susan Kevra-Shiner v. United States Third Circuit 2018-11-06 Denied Response WaivedIFP constructive-amendment criminal-procedure due-process fraud fraud-allegations indictment indictment-scope jury-instructions prosecutorial-misconduct verdict-slip Can a well written verdict slip cure the confusion created when the Government's Closing Argument and the Court's Jury Instructions constructively ame…
18-574 Joseph Rachal v. United States First Circuit 2018-11-02 Denied Response Waived 6th-amendment bifurcated-trial bifurcation criminal-procedure due-process evidence evidence-admissibility felon-in-possession felony-conviction firearm-possession jury-instructions jury-prejudice prejudice prejudicial-evidence Is it unduly prejudicial for a jury to be exposed to the toxic evidence that the defendant is a convicted felon before even determining whether the de…
18-6542 Mauricio Licea v. United States Ninth Circuit 2018-11-02 Denied Response WaivedIFP civil-procedure dual-role due-process evidence expert-testimony expert-witness jury-instruction jury-instructions law-enforcement law-enforcement-testimony lay-witness trial-procedure Whether district courts must give a dual-purpose jury instruction after a law enforcement officer testifies as both an expert and a percipient witness
18-567 Danny Snapp v. Burlington Northern Santa Fe Railway Company Ninth Circuit 2018-10-31 Denied ada ADA-interactive-process ada-reasonable-accommodation burden-of-proof civil-rights disability-discrimination employer-burden employment interactive-process jury-instruction jury-instructions reasonable-accommodation summary-judgment undue-hardship us-airways-v-barnett whether-employer-must-provide-interactive-process-instruction
18-6468 Bernabe Lugo-Santiago v. United States First Circuit 2018-10-29 Denied Response WaivedIFP constitutional-challenge criminal-indictment criminal-law criminal-procedure due-process firearm firearm-regulation firearms indictment interstate-commerce jury-finding jury-instructions prosecutorial-burden Whether the Government must allege and prove a connection to interstate commerce for a conviction under 18 U.S.C. § 922(g)(1)
18-6485 Richard Elliott Cain v. Washington Washington 2018-10-29 Denied IFP 6th-amendment character-evidence constitutional-rights criminal-procedure criminal-procedure-evidence due-process evidence fair-trial jury-instruction jury-instructions propensity-evidence search-warrant Whether the trial court erred in failing to give the jury a limiting instruction after permitting character and propensity evidence
18-6415 Amalya Cherniavsky, aka Amalya Surenovna Yegiyan v. United States Ninth Circuit 2018-10-25 Denied Response WaivedIFP circuit-split criminal-procedure district-court due-process jury-instruction jury-instructions sentencing standard-of-review sua-sponte sufficiency-of-evidence theory-of-defense trial-procedure Under what circumstances must a district court sua sponte instruct the jury on a theory of defense presented and relied upon at trial where the theory…
18-6371 Tyrell Henderson v. United States Ninth Circuit 2018-10-18 Denied Response WaivedIFP credibility criminal-procedure evidence jury-instructions mistrial prior-conviction Whether a mistrial should have been declared after the prosecutor improperly introduced evidence of the defendant's prior federal conviction where the…
18-6316 Willie Gene Wilks, Jr. v. Ohio Ohio 2018-10-15 Denied IFP burden-of-proof due-process false-testimony grand-jury indictment jury-instructions plain-error-review prosecutor prosecutorial-misconduct structural-error Is a defendant denied due process when a prosecutor presents and relies upon false testimony in order to secure an indictment in grand jury proceeding…
18-6308 Edwin Hernandez v. United States Second Circuit 2018-10-12 Denied Response WaivedIFP acquitted-conduct criminal-procedure due-process duress-defense jury-instructions second-circuit sentencing Did the Second Circuit err in finding that the district court's charge correctly stated the requirements for the duress defense?
18-6265 Samuel Silva v. United States Tenth Circuit 2018-10-10 Denied Response RequestedResponse WaivedRelisted (2)IFP criminal-procedure criminal-statute evidence evidence-prejudice federal-firearms federal-rule-403 federal-rules-of-evidence felon-in-possession felon-possession firearm-possession jury-instruction jury-instructions prejudice prejudicial-evidence probative-value rule-403 Whether the practice of telling juries in a 18 U.S.C. § 922(g)(1) prosecution that the defendant is a previously-convicted felon should be excluded un…
18-6227 DeWayne L. Wester v. Illinois Illinois 2018-10-04 Denied Response WaivedIFP cause cause-standard ineffective-assistance-of-counsel jury-instruction jury-instructions post-conviction post-conviction-petition res-judicata successive-petition Where a State Court fail to adjudicate an issue properly raised and argued in a post conviction petition and on appeal, can the absence of a res judic…
18-423 Christopher Barrella v. Village of Freeport, New York, et al. Second Circuit 2018-10-03 Denied circuit-split civil-procedure civil-rights damages due-process federal-rules-of-civil-procedure golden-rule-argument jury-instructions liability liability-determination new-trial standing Whether a lawyer's invitation to the jury to imagine themselves in the shoes of an interested party in determining either liability or damages is impr…
18-6152 M. E. D. v. New Jersey New Jersey 2018-10-01 Denied Relisted (2)IFP child-endangerment criminal-procedure due-process evidence evidence-law fair-trial jury-instruction jury-instructions other-wrongs-evidence second-degree-child-endangerment victim-testimony witness-testimony Did the trial court violate petitioner's right under the due process clause to a fair trial when the court failed to instruct the jury properly on a k…
18-6155 Christian Lemus Cerna, aka Leopardo, aka Bago, aka Vago, aka Gatito, aka Christian Josue Lemus Alfaro v. United States Fourth Circuit 2018-10-01 Denied Response WaivedIFP brady-evidence-disclosure brady-violation brady-violations court-of-appeals criminal-procedure eighth-amendment eighth-amendment-sentencing evidence-admission false-testimony jury-instructions lesser-included-offenses mandatory-life-sentence severance-of-defendants uncharged-conduct-evidence uncharged-murder-evidence Whether the Court of Appeals erred in affirming the district court's decisions
18-6047 Leo Llowlyn Seed v. Julie L. Jones, Secretary, Florida Department of Corrections Eleventh Circuit 2018-09-20 Denied IFP alibi appeal charging-information civil-rights constitutional-rights criminal-procedure cross-examination due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-instructions trial-counsel verdict-form witness-investigation Whether trial counsel was ineffective for multiple reasons
18-361 Lael J. Alleyne v. Pennsylvania Pennsylvania 2018-09-19 Denied appeal appellate-review criminal-law criminal-procedure due-process imperfect-self-defense jury-instructions manslaughter self-defense supreme-court-pennsylvania trial-court-error voluntary-manslaughter Whether the Supreme Court of Pennsylvania erred in denying a Petition for Allowance of Appeal despite the trial court's improper exclusion of voluntar…
18-6008 Anibal Pagan-Romero v. United States First Circuit 2018-09-17 Denied Response WaivedIFP criminal-trial dictionary dictionary-use due-process fifth-amendment first-circuit jury jury-instructions presumption-of-prejudice remmer-presumption remmer-v-united-states Whether the Petitioner was denied due process of law where the District Court, over the objection of Defendant provided the jury with a dictionary whi…
18-335 Nathaniel Teamer v. Scott Lewis, Warden Fourth Circuit 2018-09-14 Denied Response Waived constitutional-rights criminal-procedure due-process fair-trial judicial-bias jury-instructions south-carolina state-court supreme-court truth-seeking Does the South Carolina Supreme Court's acceptance of judges instructing the jury that its 'sole objective is to simply reach the truth of the matter'…
18-5993 Douglas Roy Burns v. Connie Horton, Warden Sixth Circuit 2018-09-14 Denied Response WaivedIFP criminal-law criminal-procedure due-process evidence jury-instructions mens-rea specific-intent Whether a state court must constitutionally recognize and allow a defense in the form of testimony and/or other relevant evidence which disproves the …
18-5972 Assane Faye v. United States Third Circuit 2018-09-13 Denied Response WaivedIFP burden-of-proof fifth-amendment indictment jury-instruction jury-instructions non-statutory-element prosecutorial-discretion sufficiency-of-evidence trial-procedure Does the government heighten its burden of proof at trial by adding a non-statutory element to the indictment, pursuing its case to include that extra…
18-5957 Raul Arcila v. United States Ninth Circuit 2018-09-12 Denied Response WaivedIFP 21-usc-841 criminal-procedure drug-statute due-process evidentiary-issues jury-evidence jury-instructions plain-error proximate-cause sentencing-factor unfair-prejudice Whether the District Court committed plain error by allowing the government to convert a sentencing factor into a proximate cause element
18-5937 Charles Lee Burton v. Alabama Alabama 2018-09-11 Denied IFP aggravating-factors caldwell-v-mississippi capital-sentencing capital-sentencing-scheme constitutional-review death-penalty eighth-amendment evolving-standards-of-decency hurst-v-florida jury-instructions jury-recommendation mitigating-factors Whether Alabama's capital sentencing scheme is unconstitutional under Hurst v. Florida and Caldwell v. Mississippi
18-5912 Robert Kimmell v. United States Ninth Circuit 2018-09-10 Denied Response WaivedIFP criminal-defense criminal-procedure criminal-procedure-disclosure drug-offense due-process fair-trial informant informant-disclosure jury-instructions lesser-included-offense relevance verdict-form witness-disclosure Did Kimmell establish that disclosure of the informant was relevant and helpful to his defense, or essential to a fair determination of his cause?
18-287 Ron Neal, Superintendent, Indiana State Prison v. Frederick Michael Baer Seventh Circuit 2018-09-05 Denied Relisted (3) antiterrorism-act antiterrorism-and-effective-death-penalty-act deferential-review habeas-corpus habeas-relief indiana-supreme-court ineffective-assistance ineffective-assistance-of-counsel jury-instructions prosecutorial-misconduct strickland-standard strickland-v-washington Did the Seventh Circuit violate the deferential review requirements of the Antiterrorism and Effective Death Penalty Act by disregarding the reasoned …
18-5894 Lawrence Eugene Shaw v. United States Ninth Circuit 2018-09-05 Denied Response WaivedIFP 18-usc-1344 bank-fraud jury jury-instructions legal-interest legal-property-interest mixed-question mixed-question-of-law-and-fact property trial-court In Shaw, the Court held that the bank must have a legal interest in the property targeted by a §1344(1) scheme to defraud; is that interest a mixed qu…
18-274 Michael Jay Stewart v. United States Ninth Circuit 2018-09-04 Denied Response RequestedResponse WaivedRelisted (2) criminal-fraud jury-instructions kokesh-v-sec mail-fraud materiality materiality-standard naive-and-careless omissions-theory reasonably-prudent-victim sentencing-guidelines statute-of-limitations Whether the federal criminal fraud statutes maintain a reasonably prudent victim requirement
18-5849 Jose Soza v. Julie L. Jones, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2018-08-31 Denied Response WaivedIFP criminal-procedure due-process fifth-amendment fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel jury-instructions sixth-amendment state-postconviction Whether state trial counsel rendered constitutionally ineffective assistance of counsel
18-5808 Rafael Angel Rondon v. United States Eleventh Circuit 2018-08-29 Denied Response WaivedRelisted (2)IFP 18-usc-924c 6th-amendment constitutional-law crimes-of-violence criminal-procedure due-process federal-law jury-instructions residual-clause sentencing sixth-amendment statutory-interpretation supreme-court-precedent violent-crime Whether the Eleventh Circuit's 18 U.S.C. § 924(c) pattern jury instruction violates the Sixth Amendment
18-5748 Rory Allen Meeks v. United States Eighth Circuit 2018-08-27 Denied Response WaivedIFP alleyne-v-united-states appellate-review constructive-amendment criminal-procedure drug-offense drug-offenses jury-instructions mccoy-v-louisiana mens-rea sentencing sixth-amendment Whether reasonable jurists might debate the application of Alleyne and Apprendi to mens rea and constructive amendment
18-5751 William Burke v. Georgia Georgia 2018-08-24 Denied Response WaivedIFP adversarial-process constitutional-fairness criminal-procedure double-jeopardy due-process evidence evidence-review fair-trial judicial-review jury-instructions post-conviction-review prosecutorial-discretion prosecutorial-misconduct trial-strategy At what point does it become fundamentally unfair to 'adjust the charges to the evidence'?
18-5756 Shondolyn Rochelle Blevins v. United States Fifth Circuit 2018-08-24 Denied Response WaivedIFP appeal constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-discretion jury-instructions Did the District Court abuse its discretion when it denied the Petitioner's 28 U.S.C. 2255 motion without an evidentiary hearing?
18-5757 Michael L. Berry v. Walter Nicholson, Warden Seventh Circuit 2018-08-24 Denied Response WaivedIFP appeals civil-rights criminal-procedure due-process evidence habeas-corpus jury-instructions sentencing standing Whether the petitioner's federal constitutional claims were properly presented and preserved for review by the lower courts
18-5700 Jerry Docaj v. Steven Johnson, Administrator, New Jersey State Prison, et al. Third Circuit 2018-08-22 Denied IFP criminal-law criminal-procedure due-process fair-trial fourteenth-amendment ineffective-assistance jury-instructions manslaughter miranda-rights passion-provocation sixth-amendment Whether the jury instruction on passion/provocation manslaughter misstated the law
18-5681 Dexter Leemon Johnson v. Oklahoma Oklahoma 2018-08-21 Denied IFP civil-rights criminal-procedure due-process equal-protection judicial-error jury-instructions jury-trial jury-verdict reasonable-doubt sentencing statutory-maximum trial-error Whether the petitioner was denied the right to a jury verdict of guilt beyond a reasonable doubt
18-5637 Afelix Desir v. Florida Florida 2018-08-17 Denied IFP criminal-law criminal-statute due-process fundamental-error information-charging jury-instructions minor minor-protection sexual-activity sexual-offense Does a trial court commit fundamental error when it instructs a jury regarding both 'Penile/Vaginal intercourse' unlawful sexual activity with specifi…
18-5607 Friday Ogunyemi James v. United States Third Circuit 2018-08-16 Denied Response WaivedIFP criminal-procedure discretion due-process evidence fair-instruction jury-instructions restitution sentencing sentencing-discretion tax tax-offense theory-of-defense trial-exhibit willfulness Whether the Petitioner was entitled to a fair instruction to support the verdict in his favor on the theory of defense that has the basis in the evide…
18-5625 Arrion Lee Crew, Jr. v. W. L. Montgomery, Acting Warden Ninth Circuit 2018-08-16 Denied IFP civil-rights due-process evidence ineffective-assistance-of-counsel jury-instructions lesser-included-offense self-defense voluntary-manslaughter Whether the trial court prejudicially erred in failing to instruct on the lesser included offense of voluntary manslaughter
18-200 Michigan v. Charles Damon Jones Michigan 2018-08-15 Denied Response Waived appellate-review criminal-procedure double-jeopardy due-process inconsistent-verdicts judicial-discretion jury-confusion jury-instructions jury-nullification jury-verdict jury-verdicts legal-standard new-trial sufficiency-of-evidence trial-procedure verdict-inconsistency Whether the Michigan Court of Appeals erred in granting a new trial based on an inconsistent jury verdict, even though irreconcilable jury verdicts ar…
18-5540 Darnell Rush v. Randee Rewerts, Warden Sixth Circuit 2018-08-14 Denied Response WaivedIFP appeal appellate-review criminal-procedure double-jeopardy due-process ineffective-assistance-of-counsel jury-instructions motion-for-new-trial sufficiency-of-evidence Whether the defendant-appellant was entitled to a new trial where the trial court failed to answer the defendant's request, Did the trial court err in…
18-5473 Justin Michael Credico v. United States Third Circuit 2018-08-06 Denied Response WaivedIFP civil-rights criminal-procedure due-process first-amendment free-speech jury-instructions sentencing subjective-intent" Whether the jury instructions on subjective intent for 18 USC § 875(c) were proper in light of the Elonis case
18-5452 Kenneth Roshaun Reid v. United States District Court for the District of South Carolina Fourth Circuit 2018-08-03 Denied Response WaivedRelisted (2)IFP appellate-review civil-procedure conspiracy-liability conviction-validity drug-conspiracy due-process jury-instructions sentencing standard-of-review statutory-interpretation issue being raised
18-5464 Jose Benitez, Jr. v. United States Eleventh Circuit 2018-08-03 Denied Response RequestedResponse WaivedRelisted (2)IFP armed-bank-robbery closing-argument constructive-amendment criminal-procedure due-process firearm firearm-specification indictment indictment-variance jury-instructions prosecutorial-discretion variance Whether a constructive amendment occurred when the jury instructions and government's closing argument allowed conviction for armed bank robbery witho…
18-5427 Monclaire Saint Louis v. United States Fourth Circuit 2018-08-02 Denied Response WaivedIFP criminal-procedure curative-instruction curative-instructions due-process evidence jury-bias jury-instructions kidnapping prejudice prejudicial-error rape witness-testimony Whether witness testimony about a rape committed by someone other than the defendant during a kidnapping creates prejudice that cannot be overcome by …
18-5433 Helen Atkins v. Julie L. Jones, Secretary, Florida Department of Corrections Eleventh Circuit 2018-08-01 Denied Response WaivedIFP closing-argument constitutional-rights due-process effective-assistance-of-counsel fair-trial hearsay-evidence ineffective-assistance-of-counsel jury-instructions prosecutorial-misconduct right-to-testify sixth-amendment speedy-trial Was the petitioner denied her right to a fair trial and effective assistance of counsel?
18-5395 Wayne Clyde Mezzles v. John N. Katavich, Warden Ninth Circuit 2018-07-30 Denied IFP criminal-procedure-forfeiture defense-counsel due-process federal-claims forfeiture-bar jury-admonitions jury-instructions prosecutorial-misconduct sentencing sentencing-proportionality state-procedural-bar trial-court Does the state's application of a forfeiture bar for failure to request additional admonitions discriminate against federal claims?
18-5386 Allen Alexander, aka Karon Keenan v. New Jersey New Jersey 2018-07-27 Denied Response WaivedIFP assault constitutional-rights criminal-procedure due-process jury-instructions lesser-included-offense robbery state-criminal-law trial-error Can a state trial judge's failure to charge the jury on a lesser included offense violate the defendant's rights guaranteed by the Due Process Clause …
18-5355 Del Ray Sanders v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2018-07-26 Denied Relisted (2)IFP accidental-death criminal-procedure criminally-negligent-homicide due-process homicide-charges jury-instructions lesser-included-offense lesser-included-offenses manslaughter standard-of-review texas-penal-code trial-court-discretion unreasonable-application-of-federal-law Whether the trial court erred in denying the defendant's request for jury instructions on the lesser-included offenses of manslaughter and criminally …
18-5359 Ernest D. Suggs v. Florida Florida 2018-07-26 Denied IFP appellate-review caldwell-v-mississippi capital-sentencing death-penalty death-penalty-sentencing eighth-amendment hurst-v-florida judicial-responsibility jury-instructions jury-recommendation Does a Florida death sentence imposed pursuant to the capital sentencing scheme overruled in Hurst v. Florida, 136 S. Ct. 616 (2016), in a case where …
18-5347 Marquis D. Costic v. Illinois Illinois 2018-07-25 Denied IFP confrontation-clause constitutional-rights credibility cross-examination fifth-amendment jailhouse-informant jury-instructions prosecution-witness prosecutorial-misconduct sixth-amendment witness-disclosure Was my Sixth Amendment U.S. Constitutional Right, under the Confrontation Clause violated when the prosecution kept interrupting during cross-examinat…
18-5301 Cahlan Clay v. United States Eighth Circuit 2018-07-20 Denied Response WaivedIFP compulsory-process confrontation-clause criminal-defense criminal-procedure cross-examination defendant-rights defense-strategy due-process evidence fair-trial judicial-discretion jury-instructions jury-trial trial-procedure witness-examination Whether a court may dictate the manner by which a defendant presents his case to the jury by forcing defense counsel to rely exclusively on the cross-…
18-5278 Christopher Collings v. Missouri Missouri 2018-07-19 Denied IFP capital-punishment culpability deliberation due-process eighth-amendment eighth-amendment-reliability intoxication jury-instructions mens-rea mental-state Whether it violates the Eighth Amendment to instruct a capital jury that they may not consider evidence of the defendant's intoxication at the time of…
18-5251 Sarjo Dambelly v. United States Second Circuit 2018-07-17 Denied Response RequestedResponse WaivedRelisted (2)IFP circuit-split criminal-law criminal-procedure deliberate-avoidance global-tech intent jury-instructions knowledge-standard mens-rea second-circuit willful-blindness Whether, in light of Global-Tech, the Second Circuit errs by holding, contrary to at least six other circuits, that willful blindness in a criminal ca…
18-5195 Steven Anthony Alvarez v. M. Eliot Spearman, Warden Ninth Circuit 2018-07-10 Denied Response WaivedIFP 14th-amendment 5th-amendment california-law constitutional-vagueness criminal-law due-process evidence great-bodily-injury jury-instructions prosecutorial-misconduct testimony vagueness Whether petitioner was denied due process of law when prosecutor misstated law, misstated testimony, and misstated evidence to the jury
18-53 Lance Dillard, aka Double v. United States Seventh Circuit 2018-07-10 Denied Response Waived constitutional-safeguards criminal-procedure due-process fair-trial internet-access internet-publicity judicial-controls juror-misconduct jury-instructions prejudicial-publicity sixth-amendment fair-trial
18-5181 Michael Gordon Reynolds v. Florida Florida 2018-07-09 Denied Relisted (4)IFP caldwell-v-mississippi capital-sentencing death-penalty death-penalty-sentencing eighth-amendment hurst-error jury-instructions ring-v-arizona structural-error Whether the Florida Supreme Court's plurality decision rejecting Mr. Reynolds' Caldwell v. Mississippi, 472 U.S. 320 (1985) claim is error. The jury w…
18-5079 Michelle Lyn Michaud v. California California 2018-07-03 Denied IFP aiding-and-abetting burden-of-proof constitutional-error criminal-liability criminal-procedure due-process factfinding-function fifth-amendment jury-instructions jury-trial jury-trial-guarantees reasonable-doubt sixth-amendment Whether the trial court's incorrect instruction on aiding and abetting liability violated the constitutional jury trial guarantees of the Fifth, Sixth…
18-5081 Alvin Leroy Morton v. Florida Florida 2018-07-03 Denied IFP binding-precedent capital-sentencing criminal-procedure death-penalty death-penalty-sentencing federal-constitutional-rights judicial-discretion jury-instructions jury-responsibility jury-role sentencing-procedure structural-error unanimous-verdict Whether structural error occurs when the jury fails to return a verdict as to multiple critical elements necessary to impose the death penalty
18-5048 John W. Taylor v. Richard Brown, Superintendent, Wabash Valley Correctional Facility Seventh Circuit 2018-06-29 Denied Response WaivedIFP aggravated-battery attempted-murder criminal-procedure due-process ineffective-assistance jury-instructions lesser-included-offense lesser-included-offenses sixth-amendment strickland-v-washington Whether Taylor was denied his right to effective assistance of trial counsel guaranteed by the 6th Amendment
18-5001 John Theodore Hancock v. United States Sixth Circuit 2018-06-28 Denied Response WaivedIFP burrage-standard but-for-causation causation criminal-law criminal-procedure death-penalty death-resulting due-process jury-instruction jury-instructions sentencing statutory-interpretation Whether a jury instruction that submits the question of whether a death was the result of the accused's offense by simply tracking the statutory langu…