| 22-7328 |
Carroll Wayne Haynes v. Louisiana |
Louisiana |
2023-04-20 |
Denied |
Response WaivedIFP |
civil-rights consent-decree department-of-justice due-process federal-court prosecution |
Whether the U.S. Department of Justice and the federal court violated the Consent Decree by taking further steps in the prosecution under Art. 5(b), S… |
| 22-6749 |
Robert L. Harrington v. James Corrigan, Warden |
Michigan |
2023-02-10 |
Denied |
IFP |
arbitrary-prosecution civil-rights constitutional-rights criminal-procedure due-process jurisdiction prosecution standing trial-judgment |
Whether the district court lacked subject matter jurisdiction to bindover any charge against the petitioner, depriving the petitioner of due process r… |
| 22-721 |
Damian McElrath v. Georgia |
Georgia |
2023-02-02 |
Judgment Issued |
Amici (5)Relisted (7) |
acquittal criminal-procedure criminal-prosecution double-jeopardy fifth-amendment jury-verdict prosecution repugnant-verdict repugnant-verdicts |
Does the Double Jeopardy Clause prohibit a second prosecution for a crime of which a defendant was previously acquitted? |
| 21-1297 |
Clare Therese Grady, Carmen Trotta, and Martha Hennessy v. United States |
Eleventh Circuit |
2022-03-25 |
Denied |
|
circuit-split criminal-prosecution free-exercise government-burden government-burden-of-proof least-restrictive-means prosecution religious-freedom religious-freedom-restoration-act rfra sincerely-held-beliefs |
Whether the Religious Freedom Restoration Act imposes a burden on the government to demonstrate that it has actually considered and rejected the effic… |
| 21-6759 |
Darla Ray Jones v. D. K. Johnson, Warden |
Ninth Circuit |
2022-01-05 |
Denied |
Response WaivedIFP |
conflict-of-interest criminal-defendant criminal-threats drug-possession due-process effective-assistance-of-counsel forgery habeas-corpus prosecution prosecutorial-misconduct |
Is a criminal defendant deprived of the effective assistance of counsel due to her lawyer's conflict of interest? |
| 21-5162 |
Andrew Cox v. United States District Court for the District of New Jersey |
Third Circuit |
2021-07-21 |
Denied |
Response WaivedIFP |
abandonment civil-procedure communications due-process prosecution standing |
Does 2% USC 155) masite Aisquelification of a , disthet yes Sor Wnitieting walkie sectet, ex poste |
| 20-8212 |
Dany L. Brandao v. United States |
First Circuit |
2021-06-03 |
Denied |
Response WaivedIFP |
criminal-procedure fourth-amendment home home-search narcotics narcotics-prosecution probable-cause prosecution search search-and-seizure vehicle |
Should the Fourth Amendment prohibit a search of a person's home when all drug sales occurred elsewhere? |
| 20-6348 |
William J. O'Brien, III v. United States |
Third Circuit |
2020-11-17 |
Denied |
Response WaivedIFP |
civil-rights constitutional-violation criminal-procedure due-process free-speech law-enforcement procedural-error prosecution standing takings |
Whether the government's prosecution for a speech act violated the First Amendment's free speech protections |
| 20-6154 |
Roderick Perez-Gonzalez v. United States |
First Circuit |
2020-10-28 |
Denied |
Response WaivedIFP |
conspiracy constitutional-law criminal-procedure double-jeopardy due-process plea-bargaining prosecution united-states-constitution |
Whether Subsequent Prosecution of Conspiracies Violate the Double Jeopardy Clause of the United States Constitution when Both Conspiracies Operate Und… |
| 20-5999 |
Sonya Porter v. Pennsylvania |
Pennsylvania |
2020-10-13 |
Denied |
Response WaivedIFP |
continuous-crime criminal-procedure double-jeopardy fifth-amendment plea-bargaining prosecution welfare-fraud |
Where a state criminal rule allows for dismissal of a case on the merits rather than via conviction or acquittal, is this sufficient to trigger protec… |
| 20-5519 |
Richard Wanke v. Illinois |
Illinois |
2020-08-26 |
Denied |
Response WaivedRelisted (2)IFP |
arrest arrest-initiation conflict-of-interest constitutional-rights criminal-procedure due-process prosecution prosecutorial-delay public-defender speedy-trial |
When does an arrest initiate prosecution for speedy trial purposes? |
| 19-7917 |
Isaac Feldman v. United States |
Eleventh Circuit |
2020-03-10 |
Denied |
Response WaivedIFP |
antisemitic-reference antisemitism appellate-review conspiracy conspiracy-prosecution criminal-procedure double-jeopardy double-jeopardy-clause jury-verdict prosecution prosecutorial-misconduct |
Where a jury returns a final verdict on a charge of conspiracy, finding a defendant guilty of only one of multiple charged offense objects, is the gov… |
| 19-7403 |
Theodore C. Shove v. Ron Davis, Warden |
Ninth Circuit |
2020-01-24 |
Dismissed |
Response WaivedRelisted (2)IFP |
capital-case constitutional-rights criminal-violations due-process federal-constitution habeas-corpus judicial-oath law-enforcement prosecution state-constitution state-court-judgment state-exhaustion statutory-demand us-constitution |
Whether a criminal judgment obtained through violations of state and federal constitutions and laws by law enforcement and prosecution qualifies for h… |
| 19-6709 |
Adam L. Acosta v. Colorado |
Colorado |
2019-11-21 |
Denied |
Response WaivedIFP |
constitutional-provisions criminal-procedure criminal-procedure-rule-35 disclosure ineffective-assistance-of-counsel motion-for-new-trial new-trial prosecution rule-16 rule-16-disclosure rule-33 rule-33-motion-for-new-trial rule-35 |
Whether the Court of Appeals misconstrued Rule 35(c)(3)(VID, Colorado Rules of Criminal Procedure |
| 19-6484 |
In Re John Harry Steele |
|
2019-11-05 |
Denied |
Relisted (2)IFP |
14th-amendment arrest constitutional-violation conviction-review criminal-statute due-process procedural-fairness prosecution unfairness |
Was the petitioner denied due process of law in violation of the 14th Amendment? |
| 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 |
| 18-9119 |
Kirby Gardner v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-05-03 |
Dismissed |
IFP |
appellate-procedure constitutional-law criminal-procedure custody-control double-jeopardy double-jeopardy-clause evidence full-faith-and-credit-clause full-faith-credit judicial-review liberty-interest parole prosecution re-imprisonment retrospective-forfeiture statutory-interpretation |
Whether the Full Faith & Credit Clause, Double Jeopardy Clause prohibits the State of Texas from re-prosecuting & re-imprisoning petitioner for an exp… |
| 18-8456 |
Roberto Miramontes Roman v. United States |
Tenth Circuit |
2019-03-19 |
Denied |
IFP |
18-USC-924(c)(1)(A) acquittal conviction criminal-procedure double-jeopardy Double-Jeopardy-Clause drug-trafficking due-process federal-prosecution Firearm-Possession firearm-statute Prosecution state-court-acquittal state-federal-prosecution statutory-interpretation |
Did it violate the Double Jeopardy Clause for the United States to prosecute Mr. Roman for the same offense and conduct for which he was acquitted in … |
| 18-7824 |
John C. Killingbeck v. United States |
Second Circuit |
2019-02-07 |
Denied |
Response WaivedRelisted (2)IFP |
certificate-of-appealability civil-rights computer-search digital-privacy due-process first-amendment free-speech government-search internet-forums internet-speech interstate-commerce prosecution search-and-seizure standing title-28-usc |
Whether the government can investigate and search a private citizen's computer and storage devices for allegedly illegal speech content obtained throu… |
| 18-5966 |
Joseph Faulkner v. United States |
Seventh Circuit |
2018-09-13 |
Denied |
Response WaivedIFP |
criminal-prosecution double-jeopardy fifth-amendment law-of-case-doctrine law-of-the-case prosecution sentencing sentencing-enhancement uncharged-conduct witte-v-united-states |
Whether the use of uncharged conduct to increase a sentence means the conduct was used to punish, and a subsequent prosecution for the same conduct sh… |