Sixth-Amendment

3,135 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-6819 Brandon Prawl v. United States Second Circuit 2026-02-13 Pending IFP appellate-review constructive-amendment criminal-indictment due-process fifth-amendment sixth-amendment Does a conviction for a crime different from the one originally indicted contravene a defendant's Fifth and Sixth Amendment rights?
25-6816 Carlos Javier Figueroa v. United States Second Circuit 2026-02-13 Pending IFP counsel-override criminal-defense defendant-autonomy ineffective-assistance sixth-amendment witness-testimony Whether counsel violates the Sixth Amendment when counsel overrides the defendant's express request to call a witness he identifies as essential to hi…
25-6811 Gifford Johnson, III v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2026-02-13 Pending IFP circuit-court-split constitutional-duty ineffective-assistance newly-discovered-evidence schulp-claim sixth-amendment Whether the Fifth Circuit's application of Schulp's claim was unreasonable when newly presented evidence was not heard at trial and would qualify as n…
25-6793 Roman Flores v. Texas Texas 2026-02-11 Pending IFP autonomy-right capital-murder criminal-defense guilt-concession law-of-parties sixth-amendment Whether McCoy v. Louisiana prohibits only explicit admissions of guilt or also bars functional concessions that override a defendant's objective of ma…
25-950 Mark Hartman v. Dave Yost, Attorney General of Ohio Sixth Circuit 2026-02-10 Pending appellate-review certificate-of-appealability confrontation-clause constitutional-error due-process sixth-amendment Whether the Sixth Circuit imposed an improper Certificate of Appealability (COA) standard when denying review of a Confrontation Clause violation
25-6773 Devern Clemons, III v. Florida Florida 2026-02-10 Pending IFP constitutional-rights criminal-procedure fourteenth-amendment jury-trial serious-felony sixth-amendment Whether Petitioner was derived of his right, under the Sixth and Fourteenth Amendments, to a trial by a 12-person jury when the defendant is charged w…
25-6769 In Re David J. Gottorff 2026-02-10 Pending IFP collateral-estoppel constitutional-rights double-jeopardy due-process first-amendment sixth-amendment Whether the arrest and prosecution of the Petitioner violated First Amendment rights and constitutional protections against Double Jeopardy, Collatera…
25-6740 David Leslie Culverhouse v. Texas Texas 2026-02-06 Pending IFP constitutional-rights criminal-procedure due-process prosecutorial-discretion sixth-amendment venue-change Whether Texas prosecutors can unilaterally change venue in a criminal case without sufficient evidentiary support and potentially violate a defendant'…
25A879 Anton Soloshenko, Luis A. Torres Gonzalez, and Dominic C. Haymond, II v. United States Armed Forces 2026-02-04 Application constitutional-rights court-martial criminal-conviction military-justice sixth-amendment unanimous-verdict Question not identified.
25A875 Telina Fuller v. Hector Sanchez, et al. Sixth Circuit 2026-02-04 Application competency-hearing constitutional-violation due-process godinez-standard self-representation sixth-amendment Question not identified.
25A872 Djavon Holland v. United States Third Circuit 2026-02-03 Application appellate-counsel due-process ineffective-assistance pro-se-representation self-representation sixth-amendment Question not identified.
25A871 Malik Allah-U-Akbar v. David Schroeder, Judge Ohio 2026-02-03 Application double-jeopardy due-process habeas-corpus judicial-factfinding sixth-amendment suspension-clause Question not identified.
25-6701 Eskender Getachew v. United States Sixth Circuit 2026-02-03 Pending Response WaivedIFP circuit-split criminal-procedure defendant-presence jury-verdict sixth-amendment trial-court-duty Whether a trial court has a duty to inquire into a defendant's absence before proceeding with a jury verdict when constitutional and procedural rules …
25-6700 Aita Gurung v. Vermont Vermont 2026-02-03 Pending Response WaivedIFP constitutional-rights jury-selection peremptory-challenges public-trial sixth-amendment waller-standard Whether the Sixth Amendment's public trial guarantee applies to the cause and peremptory challenges phase of jury selection or may the court exclude t…
25A858 Dawn Marie Guevara v. United States Ninth Circuit 2026-01-30 Application confrontation-clause constitutional-rights criminal-procedure evidence-admission harmless-error sixth-amendment Question not identified.
25A855 Arvin Terrill Carmen v. United States Ninth Circuit 2026-01-30 Application continuing-criminal-enterprise effective-assistance jury-trial narcotics-violation sixth-amendment unanimous-verdict The question in this case centers on a determination of the proper application of 21 U.S.C. § 848(c)(2)(A) and what legal standards and facts are nece…
25-6662 Pierre Burns v. United States Sixth Circuit 2026-01-29 Pending Response WaivedIFP constitutional-rights criminal-procedure defense-of-mistake first-amendment sixth-amendment statutory-interpretation Whether the District Court's prohibition against presenting a defense of mistake of age violated the First and Sixth Amendment rights of the defendant
25-6670 Charles Victor Thompson v. Texas Texas 2026-01-27 Denied IFP autopsy-report confrontation-clause criminal-procedure due-process medical-evidence sixth-amendment Did the Texas Court of Criminal Appeals err in failing to apply Supreme Court precedents regarding the Confrontation Clause when allowing a surrogate …
25A846 Marion Alexander Lindsey v. South Carolina South Carolina 2026-01-23 Application capital-sentencing due-process ineffective-assistance mitigating-evidence post-conviction-relief sixth-amendment Question not identified.
25-6654 Kyle Shirakawa Handley v. Christopher Pierce, Warden Ninth Circuit 2026-01-22 Pending IFP california-law criminal-procedure due-process notice-requirement sentencing-enhancement sixth-amendment Does the California Supreme Court's 1936 holding that a defendant's right to notice does not apply to facts which merely 'increase the penalty' violat…
25-6642 Jimmy ONeal Spencer v. Alabama Alabama 2026-01-22 Pending IFP due-process fourteenth-amendment jury-selection pretrial-publicity sixth-amendment venue-change Whether a trial court's refusal to change venue in a capital case with extensive prejudicial pretrial publicity violates due process and the defendant…
25-6631 Juan Jose Zarate Sanchez v. Texas Texas 2026-01-20 Pending IFP criminal-procedure due-process impartial-jury jury-selection sixth-amendment voir-dire Whether due process and the Sixth Amendment right to an impartial jury are violated when the prosecution conducts panel-wide voir dire using improper …
25-6623 Hamed Kian v. Florida Florida 2026-01-20 Pending Response WaivedIFP constitutional-rights criminal-procedure fourteenth-amendment jury-trial serious-felony sixth-amendment Whether Petitioner was deprived of his right to a 12-person jury trial for a serious felony under the Sixth and Fourteenth Amendments
25-6607 Kevin Esaud Perez Rojas v. Florida Florida 2026-01-16 Pending Response WaivedIFP constitutional-rights criminal-procedure fourteenth-amendment jury-trial serious-felony sixth-amendment Whether Petitioner was deprived of his right to a 12-person jury trial for a serious felony under the Sixth and Fourteenth Amendments
25-841 Henry Troy Wade v. United States Eleventh Circuit 2026-01-15 Pending Response Waived brady-violation constitutional-procedure due-process grand-jury sixth-amendment wire-fraud Whether a conviction under 18 U.S.C. §1343 must be vacated where the Government obtained a verdict under a theory materially broader than the indictme…
25-6587 Jett Garriott Adams v. Dan Shannon, Director, Wyoming Department of Corrections, et al. Tenth Circuit 2026-01-15 Pending Response WaivedRelisted (2)IFP ake-v-oklahoma harmless-error-analysis indigent-defendant psychiatric-assistance sanity-defense sixth-amendment When a defendant meets the threshold showing for psychiatric assistance under Ake v. Oklahoma, what conditions satisfy the showing and what standard o…
25-6595 Hugo Ivan Macias-Ordonez v. United States Fifth Circuit 2026-01-15 Pending Response WaivedIFP apprendi-rule constitutional-interpretation criminal-procedure prior-convictions sixth-amendment stare-decisis Whether Almendarez-Torres can be reconciled with the Sixth Amendment's history and tradition, and if not, should the Court overrule it?
25-6596 Jamie Brian Ketcham v. Department of Defense Fourth Circuit 2026-01-15 Pending IFP constitutional-violations due-process habeas-corpus indigent-standard military-detention sixth-amendment Whether a federal circuit court violates the statutory standard for indigents under 28 U.S.C. 1915(e)(2)(B)(l) and Ellis v. United States precedent by…
25-6584 Leihinahina Sullivan v. United States Ninth Circuit 2026-01-14 Pending Response WaivedIFP criminal-procedure due-process fifth-amendment judicial-misconduct prosecutorial-misconduct sixth-amendment Whether multiple alleged judicial and prosecutorial errors in a criminal case constitute grounds for reversal of conviction and sentencing, including …
25-6571 Maxo Casseus v. Florida Florida 2026-01-13 Pending Response WaivedIFP constitutional-rights criminal-procedure fourteenth-amendment jury-trial serious-felony sixth-amendment Whether Petitioner was derived of his right, under the Sixth and Fourteenth Amendments, to a trial by a 12-person jury when the defendant is charged w…
25-6560 Tony Daniel Klein v. United States Ninth Circuit 2026-01-13 Pending Response WaivedRelisted (2)IFP confrontation-clause constitutional-defense criminal-procedure evidence-exclusion sixth-amendment witness-bias Does a court violate a criminal defendant's constitutional right to present a defense by excluding circumstantial evidence, and does limiting cross-ex…
25-6544 Louis Olivarria v. California California 2026-01-12 Pending IFP appellate-review deliberations impartial-jury juror-dismissal sixth-amendment trial-court What standard applies when appellate courts review a trial court's dismissal of a juror during deliberations to determine whether the dismissal was ba…
25A798 Gavin Blake Davis v. United States Fifth Circuit 2026-01-09 Application bail-reform-act constitutional-rights due-process presumption-of-innocence pretrial-detention sixth-amendment Whether the Bail Reform Act and constitutional protections limit the government's ability to seek pretrial detention for non-capital offenses in a man…
25-6518 Deandre M. Smith v. Bradley Mlodzik, Warden Seventh Circuit 2026-01-08 Pending Response WaivedIFP certificate-of-appealability habeas-corpus ineffective-assistance procedural-review sixth-amendment strickland-standard Did the United States Court of Appeals for the Seventh Circuit err in denying Smith's application to appeal the denial of his Sixth Amendment ineffect…
25A788 Kriston Price v. Ohio Ohio 2026-01-08 Application fifth-amendment fourteenth-amendment home-invasion self-defense sixth-amendment voluntary-manslaughter Whether a defendant's self-defense claim involving proportional force during a home invasion can constitute a valid legal defense to a voluntary mansl…
25-6514 Epifanio Leos-Morales v. United States Fifth Circuit 2026-01-07 Pending Response WaivedIFP almendarez-torres criminal-law notice-clause prior-conviction recidivism sixth-amendment Whether the prior-conviction exception from Almendarez-Torres can be squared with the text of the Sixth Amendment's Notice Clause and the historical p…
25-6505 Kenneth Christopher Pointer, aka Keith Johnson v. United States Sixth Circuit 2026-01-07 Pending Response WaivedIFP abuse-of-discretion constitutional-rights district-court evidentiary-hearing ineffective-assistance sixth-amendment Whether the district court abused its discretion by failing to conduct a prompt Evidentiary Hearing and violating Sixth Amendment Rights through multi…
25-6495 Jason Elysse v. Florida Florida 2026-01-06 Pending IFP appellate-review constitutional-claim discretionary-jurisdiction fifth-amendment fourteenth-amendment sixth-amendment Whether a State Appellate Court violates a Defendant's Fifth, Sixth, and Fourteenth Amendment rights when affirming a trial Court's denial of a reques…
25-6488 Matthew Jones v. Dave Yost, Attorney General of Ohio Sixth Circuit 2026-01-06 Pending IFP criminal-procedure due-process plea-agreement plea-offer right-to-counsel sixth-amendment Should the Sixth Amendment right to counsel attach at the moment an accused is confronted by his expert adversary with a plea offer where the results …
25-6487 Derrick S. Lewis v. United States Eleventh Circuit 2026-01-06 Pending Response WaivedIFP apprendi-rule criminal-procedure fifth-amendment jury-determination sentencing-guidelines sixth-amendment Whether the Fifth and Sixth Amendments are violated when a sentencing judge finds facts that alter sentencing ranges without jury determination beyond…
25-6476 Demond Depree Bluntson v. Texas Texas 2026-01-05 Pending IFP faretta-standard fourteenth-amendment judicial-discretion mental-illness self-representation sixth-amendment Whether the 6th and 14th Amendments prevent a State appellate court from imputing a finding of severe mental illness to deny a defendant's right to se…
25-6479 Leontis Cornelius v. United States Seventh Circuit 2026-01-05 Pending Response WaivedIFP criminal-recklessness felon-in-possession jury-trial self-defense sentencing-enhancement sixth-amendment When the government seeks to aggravate the sentence of a felon in possession of a firearm (18 USC § 922 [g]) contending that he violated a State crimi…
25-6480 Jairo Huertas-Mercado v. United States First Circuit 2026-01-05 Pending Response WaivedIFP baker-v-wingo constitutional-rights judicial-review procedural-error sixth-amendment speedy-trial Whether there was failure to properly weigh the Baker v Wingo 3rd and 4th factors when the issue was not presented below in violation of the Petitione…
25-6471 Marcia Vazquez Rijos v. United States First Circuit 2026-01-02 Pending Response WaivedIFP appellate-procedure conspiracy criminal-procedure indicative-ruling jurisdiction sixth-amendment Whether Rule 4 of the Federal Rules of Appellate Procedure allows for an Amended Notice of Appeal or requires a new notice of appeal for every indicat…
25-6457 Elijah Behringer v. California Polytechnic State University, San Luis Obispo, et al. Ninth Circuit 2025-12-31 Pending Response WaivedIFP covid-mandates jacobson-precedent jury-trial rational-basis-review sixth-amendment substantive-due-process Whether the Supreme Court's Jacobson v. Massachusetts precedent allows automatic dismissal of COVID-19 mandate lawsuits without jury trial, and whethe…
25-6449 Cynthia Lynn Pollick v. Pennsylvania Pennsylvania 2025-12-30 Pending IFP constitutional-rights disorderly-conduct due-process legal-counsel pro-se sixth-amendment Whether the Sixth Amendment right to counsel was violated when a pro se litigant was not provided legal counsel during a misdemeanor disorderly conduc…
25-6446 David Allen Benson v. Superior Court of California, Orange County, et al. California 2025-12-30 Pending IFP criminal-procedure due-process ineffective-assistance mandamus-petition sixth-amendment speedy-trial Was Petitioner denied his right to speedy trial when his criminal case was delayed for six years without his consent, and did he suffer ineffective as…
25-6414 Matthew R. Davis v. Maine First Circuit 2025-12-22 Pending IFP constitutional-rights expert-testimony eye-witness-identification ineffective-assistance post-conviction sixth-amendment Whether trial counsel provided ineffective assistance of counsel under the Sixth Amendment by failing to timely disclose an expert report on eye-witne…
25-6412 Israel Navarro v. New York New York 2025-12-22 Pending Response WaivedIFP apprendi-rule criminal-procedure fifth-amendment jury-trial sentencing-enhancement sixth-amendment Whether the Fifth and Sixth Amendments guarantee criminal defendants the right to a jury trial on statutorily required factual findings before an enha…
25A705 Charles Albert Massey v. Chadwick Dotson, Director, Virginia Department of Corrections Fourth Circuit 2025-12-17 Application confrontation-clause criminal-procedure cross-examination hearsay-evidence preliminary-hearing sixth-amendment Whether the admission of a preliminary hearing testimony of a deceased witness, who was unavailable for cross-examination on a subsequently added crim…
25-6386 Gavin Michael Harold v. United States Eleventh Circuit 2025-12-16 Pending Response RequestedResponse WaivedIFP child-pornography criminal-punishment jury-trial mandatory-minimum restitution sixth-amendment Does the Sixth Amendment require a jury to find the facts needed to justify a restitution order meeting or exceeding § 2259(b)(2)(B)'s $3,000 mandator…
25-6378 Kriston Price v. Ohio Ohio 2025-12-16 Pending IFP aggravated-murder criminal-procedure fourteenth-amendment jury-instruction self-defense sixth-amendment Whether sufficient evidence existed to reject the defense of self-defense where the defendant was violently attacked and the court provided a self-def…
25-6387 Joan Diaz Gonzalez v. United States Ninth Circuit 2025-12-16 Denied Response WaivedIFP appellate-review constitutional-rights criminal-procedure de-novo-standard sixth-amendment speedy-trial Whether an appellate court reviews de novo or with deference a district court's determination of government diligence under the Speedy Trial Clause
25A694 Andrew Burgess Gregg v. Colorado Colorado 2025-12-15 Application apprendi-line criminal-procedure double-jeopardy habitual-offender sentencing-enhancement sixth-amendment Whether the Double Jeopardy Clause applies to habitual offender sentencing proceedings in light of the Court's evolving Sixth Amendment jurisprudence …
25-6377 Ronald Wolters v. Shelbie Smith, Warden Sixth Circuit 2025-12-15 Pending IFP certificate-of-appealability due-process habeas-corpus ineffective-counsel sixth-amendment strickland-standard Whether the Sixth Circuit's denial of a Certificate of Appealability improperly applied standards for habeas corpus review and ineffective assistance …
25-6364 Joshua Luckey v. Louisiana Louisiana 2025-12-15 Denied Response WaivedIFP confrontation-right due-process false-allegations fourteenth-amendment sixth-amendment trial-evidence Did the trial court violate Luckey's Sixth Amendment right to confrontation and his XIV Amendment right to due process when evidence showing prior fal…
25-6359 Travis Tuggle v. United States Seventh Circuit 2025-12-15 Denied Response WaivedIFP effective-assistance-of-counsel fourth-amendment plain-view-doctrine sixth-amendment technological-advances unreasonable-search Whether the petitioner's Sixth Amendment right to effective assistance of counsel was infringed when counsel failed to argue the plain view doctrine's…
25-689 George Sharrod Johns v. Georgia Georgia 2025-12-12 Pending Amici (2)Response RequestedResponse Waived autopsy confrontation-clause criminal-procedure hearsay sixth-amendment testimonial-evidence Whether testimony by a 'peer review' pathologist who did not perform the original autopsy violates the Confrontation Clause when the original patholog…
25-6350 Samuel J. Barrett v. Walter Tripp, Warden, Wyoming Department of Corrections State Penitentiary, et al. Tenth Circuit 2025-12-12 Denied Response WaivedIFP constitutional-rights court-procedure covid-pandemic effective-counsel public-trial sixth-amendment Whether a state's pandemic-related trial restrictions can constitutionally limit a defendant's right to a public trial
25-6346 Corey Gaynor v. Ken Hollibaugh, Superintendent, State Correctional Institution at Somerset, et al. Third Circuit 2025-12-11 Denied Response WaivedIFP constitutional-violation due-process fourteenth-amendment ineffective-assistance jury-instruction sixth-amendment Whether trial counsel was ineffective and the trial court's unconstitutional jury instruction violated the 6th and 14th Amendments and whether the Thi…
25-6343 Sharard Collier v. United States Fifth Circuit 2025-12-11 Denied Response WaivedIFP district-court due-process evidentiary-hearing fifth-circuit ineffective-assistance sixth-amendment Whether the district court and Fifth Circuit abused their discretion by failing to conduct evidentiary hearings on multiple ineffective assistance of …
25-6342 Sergio Zamora-Rios v. United States Fifth Circuit 2025-12-11 Denied Response WaivedIFP almendarez-torres apprendi-rule constitutional-interpretation criminal-sentencing precedent-review sixth-amendment Whether Almendarez-Torres can be reconciled with the Sixth Amendment's history and tradition, and if not, should the Court overrule it?
25-6336 Joshua J. Lewandowski v. Jefferey Perkins, Superintendent, Coyote Ridge Corrections Center Ninth Circuit 2025-12-11 Pending Response WaivedIFP constitutional-rights effective-assistance-counsel fetal-alcohol-syndrome guilty-plea mental-disability sixth-amendment Does the Sixth Amendment require defense counsel to ensure a mentally disabled defendant's guilty plea is knowing and voluntary, especially with fetal…
25A684 Jeffrey A. Weisheit v. Ron Neal, Warden Seventh Circuit 2025-12-10 Application capital-trial habeas-corpus ineffective-assistance mental-illness right-to-counsel sixth-amendment Whether a criminal defendant's Sixth Amendment right to effective assistance of counsel is violated by sustained conflicts between lead and co-counsel…
25-6322 Jeremy Ian Frieday v. Washington Washington 2025-12-09 Pending IFP factual-findings fourteenth-amendment jury-trial-guarantee prior-conviction-exception sentencing-enhancement sixth-amendment Whether Petitioner's Sixth and Fourteenth Amendment rights were violated when he was subject to an increased standard sentence based on the trial cour…
25A678 Thurmond McDonald v. Florida Florida 2025-12-09 Application constitutional-rights criminal-procedure habitual-offender jury-trial sentencing-enhancement sixth-amendment Whether the Sixth Amendment requires a jury, rather than a judge, to determine a defendant's status as a habitual felony offender under Florida law
25-6308 Johnny Joe Figueroa-Mangual v. United States First Circuit 2025-12-08 Denied Response WaivedIFP constitutional-rights eighth-amendment fifth-amendment plea-agreement sentencing-guidelines sixth-amendment Whether the sentencing factors under 18 U.S.C. 3553(a) and the plea agreement were violated in imposing a 108-month sentence that upwardly departed fr…
25A656 Brandon Z. Miller v. United States Armed Forces 2025-12-04 Application confrontation-clause military-evidence-rule presley-v-georgia public-trial sixth-amendment waller-v-georgia Whether the automatic closure of Military Rule of Evidence 412 hearings without an individualized case-specific determination violates an accused's Si…
25-650 Raymon Walters v. United States Third Circuit 2025-12-04 Denied Response Waived counsel-strategy criminal-defense defendant-rights jury-trial legal-ethics sixth-amendment When guilt is the sole issue for the jury, is it ever permissible for counsel to make the unilateral decision to concede an element of the offense cha…
25-6288 Christopher John Derting v. Florida Florida 2025-12-04 Denied Response WaivedIFP constitutional-rights criminal-sentencing fifth-amendment habitual-offender-statute preponderance-of-evidence sixth-amendment Whether Florida Statute 775.084 violates the Fifth and Sixth Amendments by allowing a judge to determine 'certain circumstances' under a preponderance…
25A645 Julius Jarreau Moore v. Arizona Arizona 2025-12-03 Application capital-murder due-process ineffective-assistance sixth-amendment strickland-standard third-party-culpability Whether the Sixth Amendment right to effective assistance of counsel was violated by trial counsel's failure to investigate and present third-party cu…
25-6279 Steven Matthew Wolf v. Florida Florida 2025-12-03 Denied IFP capital-punishment death-penalty fourteenth-amendment juror-bias jury-selection sixth-amendment Whether Mr. Wolf was deprived of a jury of his peers as guaranteed by the Sixth and Fourteenth Amendments where the trial court removed a juror who pr…
25-633 Dennis A. George, Jr. v. United States Armed Forces 2025-12-03 Denied Response Waived charging-document due-process fair-notice fifth-amendment legal-sufficiency sixth-amendment Under the Fifth Amendment right to due process and the Sixth Amendment right to fair notice, may a conviction be affirmed as legally sufficient based …
25-6245 Dean Alan Smith v. United States Ninth Circuit 2025-11-26 Denied Response WaivedIFP allen-instruction due-process fifth-amendment impartial-jury jury-deadlock sixth-amendment Whether the appellate court erred in affirming the district court's decision to proffer two distinct Allen instructions when the jury was already hope…
25-6249 Robert Bell v. Administrator, East Jersey State Prison, et al. Third Circuit 2025-11-26 Denied IFP dna-evidence fair-trial ineffective-assistance right-to-counsel sexual-assault sixth-amendment Is the right to effective assistance of counsel violated when defense counsel fails to investigate and obtain a DNA expert to rebut the state's expert…
25-6236 Jesse Alan Walker v. William D. Snyder, Sheriff, Martin County, Florida Florida 2025-11-25 Denied Response WaivedIFP appellate-review constitutional-rights habeas-corpus ineffective-counsel pretrial-proceedings sixth-amendment Does the United States Constitution's Sixth Amendment provide a guaranteed right to representation for pretrial petitioners in habeas corpus proceedin…
25-6241 Vincent Gerald Garcia v. United States Ninth Circuit 2025-11-25 Denied Response WaivedIFP conspiracy criminal-procedure jury-unanimity plain-error sixth-amendment vicar-prosecution Whether a district court commits plain error and violates a defendant's Sixth Amendment right to a unanimous jury verdict when it fails to give a spec…
25-6207 Mark Eugene Benton v. United States Ninth Circuit 2025-11-24 Denied Response WaivedIFP constitutional-rights effective-counsel fourth-amendment search-and-seizure sixth-amendment vehicle-search Was the search of the petitioners vehicle lawful under the 4th Amendment and Montana Constitution, and did the petitioner receive effective counsel un…
25-6208 Matthew Peckham v. Rhode Island Rhode Island 2025-11-24 Pending Response RequestedResponse WaivedIFP bias-evidence cross-examination fourteenth-amendment juvenile-records sixth-amendment witness-impeachment Whether the Sixth and Fourteenth Amendments permit a state court to bar cross-examination of a prosecution witness about sealed juvenile records and w…
25-6221 Hugo Chavez Valdivias v. United States Tenth Circuit 2025-11-24 Denied Response WaivedIFP constitutional-rights jury-nullification jury-trial sentencing-consequences sixth-amendment verdict-power Does the Sixth Amendment right to a jury trial guarantee a jury informed of its power to return a verdict against the law and the facts? Does the Sixt…
25-6228 James Anthony Hale v. Michigan Michigan 2025-11-24 Denied Response WaivedIFP arraignment criminal-procedure due-process jurisdictional-defect right-to-counsel sixth-amendment Where a criminal defendant is denied counsel during initial arraignment, does a jurisdictional defect invalidate subsequent criminal proceedings?
25-6200 Daman Thomas Caldwell v. Florida Florida 2025-11-21 Denied Response WaivedIFP constitutional-violations false-police-report fifth-amendment first-amendment per-curiam-affirmance sixth-amendment Whether the conviction of Petitioner, obtained under a per curiam affirmance without opinion and supported by a false police report, violates the Firs…
25-6183 Stephen C. Crawford v. United States Fourth Circuit 2025-11-20 Denied Response WaivedIFP fifth-amendment perjury reasonable-doubt self-defense sentencing-guidelines sixth-amendment Whether the Court should adopt a definition of reasonable doubt and whether the District Court erred in applying sentencing guidelines related to perj…
25-6185 John Pearl Smith, II v. United States Ninth Circuit 2025-11-20 Denied Response WaivedIFP distinctive-groups duren-test fair-cross-section jury-selection sixth-amendment systematic-exclusion Is the Sixth Amendment right to a jury that represents a fair cross-section of the community violated where a defendant identifies a specific systemat…
25A600 Raymon Walters v. United States Third Circuit 2025-11-20 Application counsel-concession criminal-defense element-challenge mccoy-right sixth-amendment trial-strategy Whether the Sixth Amendment permits defense counsel to concede an element of a charged crime over the defendant's objection
25-6158 John Nock v. United States Eighth Circuit 2025-11-19 Pending IFP constitutional-rights criminal-procedure ineffective-assistance right-to-counsel sixth-amendment trial-court Whether the trial court's refusal to appoint a substitute counsel violated petitioner's Sixth Amendment right to effective representation
25-6163 Terrance Deshun Cash v. United States Fifth Circuit 2025-11-19 Denied Response WaivedIFP confrontation-clause constitutional-rights due-process fifth-amendment hearsay sixth-amendment Whether the Fifth Circuit Court of Appeals violated Petitioner Cash's constitutional rights by allowing hearsay testimony and failing to address his F…
25-6123 Osvaldo Gonzalez v. United States Eleventh Circuit 2025-11-14 Denied Response WaivedIFP barker-review criminal-procedure liberty-interests pretrial-delay sixth-amendment speedy-trial Whether Barker v. Wingo's rejection of fixed time periods in defining the scope of the Sixth Amendment's Speedy Trial Clause has been abrogated and re…
25-6127 Brodrick Eugene Davis v. United States Fifth Circuit 2025-11-14 Pending IFP constitutional-law criminal-procedure due-process fifth-amendment sixth-amendment statutory-interpretation Does 18 U.S.C. § 3583(g) violate the Fifth and Sixth amendments?
25-6094 Chimene Hamilton Onyeri v. United States Fifth Circuit 2025-11-13 Denied Response WaivedIFP effective-assistance-of-counsel evidentiary-hearing law-enforcement-testimony rico-conspiracy sixth-amendment trial-strategy Whether a writ of certiorari is warranted when a defendant is denied his Sixth Amendment right to effective assistance of counsel in multiple contexts…
25-565 Yogesh K. Pancholi v. United States Sixth Circuit 2025-11-12 Denied Amici (1)Response Waived bad-faith compulsory-process criminal-procedure discovery-violation sixth-amendment witness-preclusion Whether the Constitution permits a trial court to impose witness preclusion as a sanction for a discovery violation in a criminal case, absent a findi…
25-6084 Paul Gregory Perry v. Robert Van Gorder, Warden North Carolina 2025-11-12 Denied IFP appellate-counsel constitutional-law criminal-procedure due-process habeas-corpus sixth-amendment Question not identified.
25-6030 Terry Lee Miksell v. United States Eighth Circuit 2025-11-05 Denied Response WaivedIFP due-process evidence-sufficiency ineffective-assistance interstate-commerce jurisdiction sixth-amendment Whether the District Court had jurisdiction under Gonzales v. Raich to prosecute a case occurring entirely within one state due to out-of-state cell p…
25-6040 Gustavo Tijerina Sandoval v. Texas Texas 2025-11-05 Denied Response WaivedIFP due-process harmless-error jury-trial sixth-amendment state-law trial-counsel May a state court that reaches and decides an asserted violation of the Sixth Amendment right to jury trial that has not been waived or forfeited unde…
25A510 Terrance Carew v. Robert Morton Second Circuit 2025-11-04 Application batson-violation fourteenth-amendment ineffective-assistance jury-selection racial-discrimination sixth-amendment Whether a criminal defense attorney's failure to demand a remedy for a proven Batson violation constitutes ineffective assistance of counsel when raci…
25-6003 Quinn R. Turner v. United States Sixth Circuit 2025-10-31 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process evidentiary-hearing ineffective-assistance sixth-amendment Whether Mr. Turner's due process rights were violated by the district court's failure to adjudicate his Motion for Partial Disqualification prior to p…
25-6004 Fillmore Wright v. Louisiana Louisiana 2025-10-31 Denied IFP criminal-procedure due-process fair-trial fourteenth-amendment sixth-amendment uncorroborated-confession Can a conviction rest on an uncorroborated confession under the Sixth Amendment right to a fair trial and the Fourteenth Amendment's due process claus…
25-6010 Karl Patrick Kluge v. United States Eleventh Circuit 2025-10-31 Pending Response RequestedResponse WaivedIFP child-exploitation criminal-punishment jury-finding mandatory-minimum restitution sixth-amendment Does the Sixth Amendment require a jury to find the facts needed to justify a restitution order meeting or exceeding the $3,000 mandatory minimum for …
25A499 Joan Diaz Gonzalez v. United States Ninth Circuit 2025-10-31 Application appellate-review barker-factors constitutional-rights government-negligence sixth-amendment speedy-trial-clause Whether an appellate court must review de novo a district court's determination of government negligence under the Sixth Amendment's Speedy Trial Clau…
25-5996 Jean-Michael Kisi v. Joseph Joyce, Warden Eighth Circuit 2025-10-30 Denied IFP confrontation-clause constitutional-rights due-process fourteenth-amendment jury-deliberation sixth-amendment Whether the district court's exclusion of the petitioner from the courtroom during jury deliberations violated his Sixth and Fourteenth Amendment cons…
25-5987 Francisco Javier Ochoa-Anaya v. United States Ninth Circuit 2025-10-29 Denied Response WaivedIFP abuse-of-discretion actual-innocence ineffective-assistance procedural-default sixth-amendment supreme-court-precedent Whether the district court and Ninth Circuit abused discretion in holding an actual-innocence claim procedurally defaulted and conflicting with Suprem…
25A487 Jairo Huertas-Mercado v. United States First Circuit 2025-10-28 Application constitutional-delay criminal-procedure due-process fifth-amendment sixth-amendment speedy-trial Whether the Fifth and Sixth Amendments require dismissal of criminal charges due to an excessive pre-trial delay violating the constitutional right to…
25-516 Thomas Mitchell Overton v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2025-10-27 Pending aedpa-deference brady-violation constitutional-error habeas-corpus ineffective-assistance-of-counsel sixth-amendment Whether AEDPA deference is unconstitutional under Loper Bright and whether a defendant must discredit evidence admitted due to constitutional errors t…
25A477 Amos Wells v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2025-10-27 Application death-penalty future-dangerousness genetic-evidence ineffective-assistance sixth-amendment strickland-standard Whether defense counsel's introduction of genetic predisposition evidence constitutes ineffective assistance of counsel under the Sixth Amendment when…
25-512 Jibril Adamu v. United States Second Circuit 2025-10-24 Pending confrontation-clause criminal-procedure drug-trafficking extraterritorial-application sixth-amendment testimonial-hearsay Whether the crime of possession with intent to distribute under 21 U.S.C. §959(c)(2) applies extraterritorially and whether a non-testifying analyst's…
25-5950 Adedayo Hakeem Sanusi v. United States Ninth Circuit 2025-10-24 Denied Response WaivedIFP due-process fifth-amendment grand-jury-indictment ineffective-assistance plea-colloquy sixth-amendment Whether defense counsel renders constitutionally ineffective assistance under the Sixth Amendment when, for financial gain, he affirmatively lies to h…
25-5956 In Re Santos Cuevas 2025-10-24 Dismissed IFP constitutional-remedy double-jeopardy judicial-estoppel post-conviction sentencing-enhancement sixth-amendment Whether the Sixth Amendment may be retroactively applied by the state to allow remedy in initial and successive post-conviction proceedings, and wheth…
25-502 Christina Paylan v. Florida Florida 2025-10-23 Denied constitutional-rights criminal-procedure florida-law nolle-prosequi sixth-amendment speedy-trial Does the State of Florida violate Petitioner's Sixth Amendment Right to speedy trial by commencing a prosecution following a nolle prosequi and refili…
25-5932 Garland Ray Gregory, Jr. v. South Dakota South Dakota 2025-10-22 Denied IFP choice-of-counsel coram-nobis equal-protection fourteenth-amendment sixth-amendment structural-error Is a Sixth Amendment 'erroneous deprivation of choice of counsel' structural error properly before the court as a coram nobis claim, and does the Sout…
25-5939 Michael Georgie Carson v. Michigan Michigan 2025-10-22 Denied IFP criminal-procedure fourth-amendment ineffective-assistance probable-cause search-warrant sixth-amendment Whether the Michigan Supreme Court's decision conflicts with U.S. Supreme Court caselaw regarding ineffective assistance of counsel and Fourth Amendme…
25A460 George Sharrod Johns v. Georgia Georgia 2025-10-22 Application confrontation-clause criminal-procedure expert-testimony forensic-pathology sixth-amendment testimonial-statements Whether a substitute expert witness's testimony based on an absent analyst's testimonial statements violates a criminal defendant's Confrontation Clau…
25-5921 Frederick L. Brewer v. United States Seventh Circuit 2025-10-21 Denied Response WaivedIFP acquittal criminal-sentencing double-jeopardy fifth-amendment judicial-discretion sixth-amendment Whether the Fifth and Sixth Amendments prohibit a federal court from basing a criminal defendant's sentence on conduct for which a jury has acquitted …
25-5912 David Everette v. New York New York 2025-10-20 Denied IFP apprendi-rule criminal-procedure judicial-fact-finding persistent-felony-offender sentencing-enhancement sixth-amendment Is judicial fact-finding of periods of incarceration beyond the scope of the Almendarez-Torres exception and barred by the Apprendi constitutional gua…
25-5908 Jean-Claude Okongo Landji v. United States Second Circuit 2025-10-17 Pending Response WaivedIFP circuit-split confrontation-clause conspiracy controlled-substances extraterritorial-prosecution sixth-amendment May the offense of conspiracy to distribute or possess with intent to distribute controlled substances while on a United States aircraft, pursuant to …
25A440 Meelad Dezfooli v. United States Ninth Circuit 2025-10-17 Application counsel-of-choice criminal-procedure due-process ineffective-assistance right-to-counsel sixth-amendment Whether the Sixth Amendment permits the denial of counsel of choice and the complete abandonment by appointed counsel constituting a violation of a cr…
25-5900 Latisha Anderson v. United States Fourth Circuit 2025-10-16 Denied Relisted (3)IFP criminal-procedure due-process fifth-amendment liberty-interest prosecutorial-misconduct sixth-amendment Whether the Fourth Circuit's decision deprives the petitioner of due process and effective assistance of counsel under the Fifth and Sixth Amendments
25-5902 Ramon Simpson v. United States Eighth Circuit 2025-10-16 Denied Response WaivedIFP certificate-of-appealability circuit-split credibility-determination evidentiary-hearing section-2255 sixth-amendment Whether a district court may deny a § 2255 hearing by making a dispositive credibility determination against a petitioner based on an ambiguous and co…
25-5893 Frederick M. Hill v. Angela Stuff, Warden Sixth Circuit 2025-10-15 Denied Response WaivedIFP certificate-of-appealability constitutional-claim fourth-amendment knock-and-talk procedural-due-process sixth-amendment Whether the 'one fair shot' and procedural due process require court of appeals to notify petitioner of appeal and briefing schedule conversion, and w…
25-5894 Kenneth Lavigne v. Darrel Vannoy, Warden Fifth Circuit 2025-10-15 Denied IFP habeas-corpus ineffective-assistance prejudice-analysis sixth-amendment strickland-standard time-barred Whether the Fifth Circuit violated the Sixth Amendment and Supreme Court precedent by requiring a habeas petitioner asserting ineffective assistance o…
25-5895 Rickey Johnson, aka Sealed Defendant 1, aka Neil Dawn Defarren v. United States Second Circuit 2025-10-15 Pending IFP circuit-split constitutional-law criminal-procedure harmless-error jury-trial sixth-amendment Whether an 11-person federal criminal jury verdict can be considered harmless error under the Sixth Amendment, contrary to historical jury practice
25-5898 Jeremiah Bobb v. United States Ninth Circuit 2025-10-15 Denied Response WaivedRelisted (2)IFP child-witness constitutional-rights evidentiary-error ineffective-assistance sixth-amendment strategic-decision Where evidentiary legal error by a court combined with ineffective assistance of counsel led to the failure to place into trial evidence a prior denia…
25-5874 Bruce S. Myles v. New York New York 2025-10-14 Denied IFP competency due-process fair-trial ineffective-counsel prosecutor-testimony sixth-amendment Whether the court violated due process when the prosecutor was allowed to act as an unsworn witness; whether counsel was ineffective in violation of t…
25-422 Deshawn M. Dawson v. United States Armed Forces 2025-10-08 Denied Response Waived court-martial criminal-conviction due-process-clause military-justice sixth-amendment unanimous-verdict Does the Constitution preclude a court-martial panel of lay members from convicting a defendant of a criminal offense by a non-unanimous vote?
25-5827 Errol Victor, Sr. v. Louisiana Louisiana 2025-10-08 Denied IFP constitutional-violation equal-protection fourteenth-amendment government-oppression racial-discrimination sixth-amendment Whether a state's racially motivated statute denying African American citizens equal protection is considered government oppression under the U.S. Con…
25-5815 Wilclin Saintil v. Florida Florida 2025-10-07 Denied IFP constitutional-rights criminal-procedure due-process fifth-amendment sixth-amendment witness-testimony Whether the state court violated the Fifth, Sixth, and Fourteenth Amendments in denying the accused his due process right to present a witness in supp…
25-5817 Kyle Krill v. Ohio Ohio 2025-10-07 Denied IFP armed-career-criminal-act constitutional-rights fifth-amendment jury-determination sentencing-enhancement sixth-amendment When a factual finding that multiple counts arose out of 'separate acts or transactions' is necessary to authorize an increase in punishment, must thi…
25-5819 Max Fontes v. Arizona Arizona 2025-10-07 Denied Response WaivedRelisted (2)IFP constitutional-rights criminal-procedure jury-trial ramos-precedent sixth-amendment twelve-person-jury Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a twelve-person jury when the defendant is charged with a felony
25-5821 Gregory Lee Rodvelt v. United States Ninth Circuit 2025-10-07 Denied Response WaivedIFP constitutional-rights criminal-procedure fifth-amendment official-duties sixth-amendment statutory-authority Whether a federal employee is 'engaged in the performance of official duties' under 18 U.S.C. § 111 when lacking statutory authority, and whether inad…
25-5823 Steven Nicholas Fulton v. United States Fourth Circuit 2025-10-07 Denied Response WaivedIFP appellate-review constitutional-rights criminal-procedure fifth-amendment jury-verdict sixth-amendment Whether an appellate court may, consistent with the Fifth and Sixth Amendments, reinstate a jury's guilty verdict where the judge did not find, and th…
25A397 Obe E. Johnson v. Harry Feliciano-Maldonado, et al. First Circuit 2025-10-07 Presumed Complete constitutional-claim due-process evidentiary-hearing ineffective-assistance sixth-amendment state-court-proceedings Whether a state court's failure to provide an evidentiary hearing on a potentially meritorious constitutional claim constitutes a violation of due pro…
25-5805 Will Earnest Young, Jr. v. Iowa Iowa 2025-10-06 Denied Response WaivedIFP constitutional-law criminal-appeal due-process ineffective-assistance sixth-amendment supremacy-clause Whether Iowa Code § 814.7 violates the Supremacy Clause of the United States Constitution by precluding ineffective assistance of counsel claims on di…
25-5806 Ricky Dixon v. United States Eleventh Circuit 2025-10-06 Denied Response WaivedIFP abuse-of-discretion actual-innocence evidentiary-hearing guilty-plea ineffective-assistance sixth-amendment Whether the district court abused its discretion by failing to conduct an Evidentiary Hearing regarding pre-trial and guilty plea ineffective assistan…
25A396 Robert Tatum v. Chris Stevens Seventh Circuit 2025-10-06 Application alibi-defense complete-defense due-process right-to-counsel self-representation sixth-amendment Whether a criminal defendant's constitutional right to present a complete defense is violated when a state court denies the opportunity to present an …
25-5807 Tamatha Lynn Melom v. Stone County, Mississippi Mississippi 2025-10-06 Denied IFP confrontation-rights due-process equal-protection fourteenth-amendment judicial-bias sixth-amendment Whether the seizure, destruction, and permanent transfer of a citizen's lawfully owned dogs, based on untested hearsay, without production of police r…
25-385 Charles Ray Crawford v. Mississippi Mississippi 2025-10-02 Denied capital-trial criminal-procedure retroactivity sixth-amendment structural-error teague-rule Whether McCoy v. Louisiana's holding regarding a defendant's right to prevent counsel from conceding guilt applies retroactively under Teague v. Lane
25-5782 In Re Ramsey E. Clayter 2025-10-02 Denied IFP due-process ineffective-assistance involuntary-servitude probable-cause sixth-amendment subject-matter-jurisdiction Whether court-appointed counsel rendered ineffective assistance under the Sixth Amendment and whether a criminal judgment entered without pre-judgment…
25-5789 Joseph Anthony Barrett v. California California 2025-10-02 Denied IFP criminal-procedure fourteenth-amendment implicit-bias juror-bias jury-selection sixth-amendment When a charged crime occurs within prison walls, do the Sixth and Fourteenth Amendments require excusal for cause of prospective jurors who are employ…
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 Whether the Sixth Circuit erred in denying a Certificate of Appealability (COA) on ineffective assistance of counsel claims related to jury instructio…
25A364 Jwan L. Hardin v. Indiana Indiana 2025-09-29 Presumed Complete attorney-client constitutional-rights due-process guilty-plea ineffective-assistance sixth-amendment Whether an attorney's withholding of trial strategy information from a client violates the Fifth, Sixth, and Fourteenth Amendments by rendering a guil…
25-5744 Anthony Balducci v. Jerry Spatny, Warden Sixth Circuit 2025-09-26 Denied Response WaivedIFP certificate-of-appealability due-process fourteenth-amendment habeas-corpus ineffective-assistance sixth-amendment Whether a hearing to withdraw a guilty plea requires an opportunity to be heard to comport with Due Process, whether defense counsel's failure to inve…
25-334 Satyasheel S. Korpe v. United States Fourth Circuit 2025-09-22 Denied Response Waived article-iii driving-while-intoxicated jury-trial probation-conditions second-amendment-rights sixth-amendment Does the Sixth Amendment and Article III, Section 2, Clause 3 of the Constitution guarantee a defendant charged with Driving While Intoxicated the rig…
25A320 Phillip Michael Giles v. Chadwick Dotson, Director, Virginia Department of Corrections Fourth Circuit 2025-09-19 Presumed Complete constitutional-rights effective-assistance legal-research prison-access sixth-amendment speedy-trial Whether the Sixth Amendment right to effective assistance of counsel and speedy trial was violated when the petitioner was denied adequate access to l…
25-324 Richard William Kleinhammer v. California California 2025-09-18 Rehearing Response WaivedRelisted (2) actual-innocence due-process equal-protection fourteenth-amendment self-representation sixth-amendment Whether a postconviction appellate court can create a bar to self-representation without exception or discretionary review of merits
25-5650 Deangelus Thomas v. United States Sixth Circuit 2025-09-16 Denied Response WaivedIFP armed-career-criminal-act criminal-procedure harmless-error sentencing-guidelines shepard-documents sixth-amendment Does the ACCA occasions-different inquiry render Erlinger errors structural, and what is the proper harmless-error test when a defendant is found guil…
25-5652 Federico Jose Maldonado-Aleman v. United States Fifth Circuit 2025-09-16 Denied Response WaivedIFP circuit-court conspiracy drug-distribution jury-trial sentencing-guidelines sixth-amendment Whether the Fifth Circuit's decision that a defendant may be sentenced for drugs that he was not shown to have agreed to distribute violates the Court…
25-5654 Thomas Bradley v. United States Sixth Circuit 2025-09-16 Denied Response WaivedIFP armed-career-criminal-act double-jeopardy fifth-amendment sentencing-enhancement shepard-documents sixth-amendment Whether the Double Jeopardy Clause prohibits imposing an enhanced ACCA sentence when a defendant pleaded guilty only to the simple § 922(g) offense an…
25-5659 Ohio, ex rel. Ricardo Dodson v. Shelbie Smith, Warden Ohio 2025-09-16 Denied IFP double-jeopardy due-process fourteenth-amendment jury-verdict sixth-amendment trial-procedure Whether a trial court can correct a jury verdict that announced the wrong name after jury discharge without violating due process or double jeopardy
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
25A293 Martin Renteria v. United States Fifth Circuit 2025-09-15 Presumed Complete arrest-warrant criminal-procedure ineffective-assistance probable-cause search-warrant sixth-amendment Whether the Sixth Amendment right to effective assistance of counsel was violated when trial and appellate counsel failed to challenge potentially unc…
25-290 Christopher Odeku v. Texas Texas 2025-09-12 Pending Response RequestedResponse Waived confrontation-clause constitutional-law nurse-examiner sexual-assault sixth-amendment testimonial-evidence Are a complainant's statements to a sexual assault nurse examiner (SANE) testimonial for purposes of the Sixth Amendment's Confrontation Clause?
25-5621 Ja'Kroi Allen Banks v. Texas Texas 2025-09-12 Denied IFP critical-stage due-process ineffective-assistance plea-withdrawal pro-se-defendant sixth-amendment Is a plea withdrawal hearing a critical stage of the criminal proceeding, and how can an indigent pro se defendant enforce their right to effective as…
25-288 Vinaykumar Patel v. United States Third Circuit 2025-09-11 Denied Response Waived confrontation-clause federal-rules-of-evidence fifth-amendment hearsay-evidence law-enforcement-testimony sixth-amendment Whether the introduction of speculative lay opinion by a law enforcement officer violates the petitioner's Fifth and Sixth Amendment rights and eviden…
25-5608 Gary Jordan v. United States Tenth Circuit 2025-09-11 Pending Response RequestedResponse WaivedRelisted (2)IFP collateral-review government-misconduct guilty-plea ineffective-assistance sixth-amendment structural-error Can a defendant collaterally attack his guilty plea via 28 U.S.C. § 2255 as unconstitutional based on surreptitious pre-plea government misconduct wit…
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 court violated petitioner's Fifth and Sixth Amendment rights by issuing repeated instructions that foreclosed the possibility of …
25-262 Aleksandr Pikus v. United States Second Circuit 2025-09-08 Denied Response Waived appellate-review legislative-compromise presumptive-prejudice prosecutorial-neglect sixth-amendment speedy-trial-act Whether the Court should exercise its supervisory power to correct the Second Circuit's failure to ensure the purposes of the Speedy Trial Act are giv…
25A262 Vincent Cannady v. United States Second Circuit 2025-09-04 Presumed Complete due-process judicial-bias settlement-negotiations sixth-amendment subject-matter-jurisdiction venue-challenge Whether a federal district court lacks subject matter jurisdiction to prosecute settlement negotiations that occurred in another jurisdiction and do n…
25-247 Charles L. Payne, II v. Ohio Ohio 2025-09-03 Denied criminal-procedure due-process fourteenth-amendment prosecutorial-vouching sixth-amendment witness-credibility Whether prosecutorial vouching for a witness's credibility violates a defendant's Sixth and Fourteenth Amendment rights
25-5537 Benito M. Valdez v. United States District of Columbia 2025-09-03 Denied IFP constitutional-rights courtroom-access judicial-discretion public-trial sixth-amendment trial-procedure Is the Sixth Amendment right to a 'public trial' violated when a trial court conducts an entire trial phase at the bench with a white-noise machine to…
25A253 Patrick Miller Webb, Jr. v. United States Eighth Circuit 2025-09-02 Presumed Complete controlled-substance criminal-conviction federal-sentencing fifth-amendment pro-se sixth-amendment Whether the Fifth and Sixth Amendments permit a criminal conviction and sentence when the petitioner claims inadequate legal representation and limite…
25-241 Jason Arthur Aho v. Florida Florida 2025-08-29 Denied Response Waived evidence-suppression fourteenth-amendment fourth-amendment ineffective-assistance sixth-amendment strickland-standard Whether the trial court's summary denial of Petitioner's ineffective assistance of counsel claims without an evidentiary hearing violates constitution…
25A239 Demeccio Caston v. Louisiana Louisiana 2025-08-29 Presumed Complete confrontation-clause crawford-precedent criminal-procedure hearsay sixth-amendment testimonial-evidence Whether the Confrontation Clause permits introduction of inculpatory evidence through an investigating officer when the underlying witness does not te…
25-231 Jon Wynn Jarrard, Sr. v. Wilfredo Martell, Warden Fourth Circuit 2025-08-28 Denied Response Waived confrontation-clause due-process false-testimony fourteenth-amendment ineffective-assistance sixth-amendment Was the conviction obtained through false testimony in violation of the petitioner's 14th Amendment rights, and was the petitioner's right to confront…
25-5488 Missouri, ex rel. Ricardo Williams v. Thomas C. Albus, Interim United States Attorney Missouri 2025-08-27 Denied IFP constitutional-rights criminal-procedure domestic-assault due-process protection-order sixth-amendment Whether the State violated the Fifth, Sixth, and Fourteenth Amendments by potentially depriving the petitioner of due process rights in a domestic ass…
25A230 Clyde Wendell Smith v. Mississippi Mississippi 2025-08-27 Presumed Complete eighth-amendment fourteenth-amendment habeas-corpus mississippi-supreme-court sixth-amendment successive-postconviction Whether a state court's denial of a successive postconviction motion violates a criminal defendant's constitutional rights under the Sixth, Eighth, an…
25A224 Thomas Mitchell Overton v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2025-08-26 Presumed Complete brady-disclosure dna-evidence habeas-corpus ineffective-assistance sixth-amendment standard-of-review Whether the Sixth Amendment right to effective assistance of counsel and Brady v. Maryland disclosure requirements are properly evaluated under the de…
25-222 Victor Everette Silvers v. United States Sixth Circuit 2025-08-25 Denied Amici (1)Response RequestedResponse WaivedRelisted (2) criminal-procedure fifth-amendment judicial-notice maritime-jurisdiction sixth-amendment trial-by-jury Whether taking judicial notice to conclusively determine that a location is within the 'special maritime and territorial jurisdiction of the United St…
25-5426 Reginald Bertram Johnson v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2025-08-22 Denied Response WaivedRelisted (2)IFP appellate-review confrontation-clause constitutional-rights fair-trial sixth-amendment trial-court Whether the Eleventh Circuit erred by denying Appellant's appeal without addressing the state trial court's violation of Appellant's Sixth Amendment c…
25-219 Jay Warren Arnold v. Texas Texas 2025-08-22 Denied constitutional-challenge criminal-procedure due-process habeas-corpus right-to-counsel sixth-amendment Is the Texas Code of Criminal Procedure §11.07(4)(a)-(c) unconstitutional as applied to the petitioner's Sixth Amendment right to counsel, and did the…
25-5440 Curtis Windom v. Florida, et al. Florida 2025-08-22 Denied IFP constitutional-protections due-process eighth-amendment litigation-schedule public-conscience sixth-amendment Whether the 'evolving standards of decency' test should be applied to Sixth Amendment right to counsel protections and whether Florida's post-warrant …
25-5442 Jaron Burnett v. United States Third Circuit 2025-08-22 Pending Response RequestedResponse WaivedRelisted (5)IFP fifth-amendment imprisonment jury-right revocation-proceeding sixth-amendment supervised-release Whether the Fifth and Sixth Amendment jury right applies to supervised release revocation proceedings that impose a term of imprisonment beyond the ma…
25A213 In Re Gavin B. Davis Fifth Circuit 2025-08-22 Presumed Complete constitutional-rights criminal-procedure faretta-waiver pro-se-representation right-to-counsel sixth-amendment Whether a criminal defendant's Sixth Amendment right to counsel is violated when a court forces them to proceed pro se without a valid Faretta waiver …
25A203 Derrick Lorenzo Casey v. United States Fourth Circuit 2025-08-20 Presumed Complete armed-career-criminal drug-offense fifth-amendment plain-error-review sentencing-enhancement sixth-amendment Whether a district court's determination of an armed career criminal status based on prior drug convictions arising from a single arrest and plea on t…
25A205 Stephen Buyer v. United States Second Circuit 2025-08-20 Presumed Complete constitutional-limitation electronic-trading insider-trading sixth-amendment stock-exchange venue Whether the Sixth Amendment's venue provision requires venue for insider trading prosecutions to be determined by the location of the actual electroni…
25-5398 Ricky L. Miller, Jr. v. Tom McGinley, Superintendent, State Correctional Institution at Coal Township, et al. Third Circuit 2025-08-19 Rehearing Relisted (2)IFP constitutional-rights criminal-procedure due-process fourteenth-amendment jury-trial sixth-amendment Did the Third Circuit Court of Appeals violate Sixth Amendment and Fourteenth Amendment precedents by upholding Pennsylvania's Rule 590(c) regarding j…
25-5405 Lamont Coleman v. United States Seventh Circuit 2025-08-19 Denied Amici (1)Response WaivedIFP criminal-sentencing double-jeopardy fifth-amendment judicial-discretion jury-acquittal sixth-amendment Whether the Fifth and Sixth Amendments prohibit a federal court from basing a criminal defendant's sentence on conduct for which a jury has acquitted …
25-5389 Steven Pitts v. New York New York 2025-08-18 Denied IFP constitutional-rights criminal-sentencing factual-findings jury-trial prior-incarceration sixth-amendment Whether the Sixth Amendment right to a jury trial applies to factual findings regarding the length of a defendant's prior incarceration and the date o…
25-5374 Artez Hammonds v. Alabama Alabama 2025-08-15 Denied IFP circuit-split due-process jury-instructions prosecutorial-misconduct self-incrimination sixth-amendment Whether, under Griffin v. California and Carter v. Kentucky, jury instructions omitting 'no adverse inference' language can cure a prosecutor's willfu…
25A189 Mawule Tepe v. Whirlpool Corporation, et al. Sixth Circuit 2025-08-15 Presumed Complete due-process federal-jurisdiction legal-practice removal-jurisdiction sixth-amendment state-court-removal Whether federal district courts may improperly remove state court cases when attorneys are not admitted to practice in that federal district court and…
25-176 Tristram Heinz v. City of Philadelphia Bureau of Administrative Adjudication Pennsylvania 2025-08-13 Denied constitutional-rights due-process fifth-amendment fourteenth-amendment sixth-amendment speed-camera Whether automated speed camera enforcement programs violate constitutional rights by imposing liability on vehicle owners without identifying the actu…
25-5350 Monica Curtis v. Justice Court of the North Las Vegas Township, Clark County, Nevada Nevada 2025-08-13 Denied IFP civil-rights employment-discrimination fifth-amendment fourteenth-amendment sixth-amendment sovereign-immunity Whether a state's sovereign immunity defense in a civil rights complaint constitutes a valid Fifth Amendment invocation and Fourteenth Amendment prote…
25-166 Jose Joya Parada, Oscar Armando Sorto Romero, Milton Portillo Rodriguez, and Juan Carlos Sandoval Rodriguez v. United States Fourth Circuit 2025-08-12 Denied Amici (6)Response RequestedResponse WaivedRelisted (2) constitutional-interpretation criminal-procedure jury-size jury-trial-right nonunanimous-jury sixth-amendment Whether the Court should overrule Williams v. Florida, 399 U.S. 78 (1970)
25-5333 Mark William Sain v. United States Sixth Circuit 2025-08-12 Denied Response WaivedIFP armed-career-criminal-act fifth-amendment harmless-error plea-proceeding sentencing-enhancement sixth-amendment When harmless-error review of Erlinger error requires consideration by appellate judges of facts neither intrinsic to nor relevant to the finding of g…
25-5311 Winston Sylvester Oliver, II v. United States Fourth Circuit 2025-08-08 Denied Response WaivedIFP abuse-of-discretion constitutional-rights de-novo-review fifth-amendment sixth-amendment witness-testimony Whether a District Court's decision allowing a witness called by a criminal defendant to refuse to testimony based on his claimed Fifth Amendment priv…
25A166 Jason Elysse v. Florida Florida 2025-08-07 Presumed Complete continuance-motion criminal-procedure ineffective-assistance right-to-counsel sixth-amendment trial-court-discretion Whether a criminal defendant's constitutional right to counsel is violated when a trial court denies a last-minute motion to substitute private counse…
25-5278 Reynaldo Alberto Peña v. Texas Texas 2025-08-05 Denied Response WaivedIFP compulsory-process confrontation-clause due-process fourteenth-amendment polygraph-evidence sixth-amendment Whether admission of inculpatory statements from a polygraph examination without context violates a defendant's constitutional rights to a fair trial
25-5282 Jackson Daniel Bowers v. United States Ninth Circuit 2025-08-05 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process jury-trial sixth-amendment supervised-release Whether the Sixth Amendment right to a jury trial applies to supervised release revocation proceedings
25-5264 Craig Alan Sandhaus v. Florida Florida 2025-08-04 Denied Response WaivedIFP fourteenth-amendment ineffective-assistance jury-instruction nondeadly-force sixth-amendment trial-counsel Whether the Petitioner's Sixth and Fourteenth Amendment rights were violated when his trial attorneys failed to request a jury instruction on the just…
25-5254 Xena Ames v. Federal Express Corporation Seventh Circuit 2025-08-01 Denied Relisted (2)IFP appellant-court compulsory-process constitutional-rights district-court due-process sixth-amendment Whether the denial by the District Court and Appellant Court of compulsory process violated petitioners rights under the Sixth Amendment to the United…
25-5249 Barry Gordon Croft, Jr. v. United States Sixth Circuit 2025-07-31 Denied Response RequestedResponse WaivedRelisted (2)IFP constitutional-right entrapment-defense evidence-rules fifth-amendment harmless-error sixth-amendment Did the district court deny Petitioner's constitutional right to present a defense by arbitrarily removing Evidence Rule 801(d)(2)(D) from the availab…
25-5240 Jason Shortridge v. United States Fourth Circuit 2025-07-30 Denied Response WaivedIFP child-pornography computer-evidence expert-witness-disclosure government-disclosure sixth-amendment trial-continuance Whether a district court abuses its discretion by continuing a case after the Government's late disclosure of an expert witness, and whether possessio…
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 …
25-5230 Victor Samuel Brito v. United States Ninth Circuit 2025-07-29 Denied Response WaivedIFP criminal-procedure due-process fifth-amendment jury-instruction necessity-defense sixth-amendment Whether the Fifth and Sixth Amendments guarantee a criminal defendant the right to have a jury consider and give effect to a necessity defense when th…
25-100 Javier Enrique Barraza-Miranda v. United States Fifth Circuit 2025-07-28 Denied Response Waived circuit-review due-process extraterritorial-action government-liability sixth-amendment speedy-trial Whether the Fifth Circuit correctly determined that the U.S. Government's extraterritorial inaction did not violate the Petitioner's Sixth Amendment r…
25-5204 Mario Onesimo Gonzalez v. United States Ninth Circuit 2025-07-28 Denied Response WaivedIFP confrontation-clause criminal-procedure drug-evidence expert-testimony hearsay sixth-amendment Whether a drug value 'expert' contravenes the Confrontation Clause and Smith v. Arizona when her testimony about the value of drugs seized rests on th…
25-5212 Jacquel O'Neal v. Texas Texas 2025-07-28 Denied Response WaivedIFP constitutional-rights criminal-procedure effective-assistance jury-instruction sixth-amendment statutory-defense Does the Sixth Amendment's guarantee of effective assistance of counsel require an attorney to request a jury instruction on the sole statutory defens…
25-101 J. M. F. v. Angel Quiros, Commissioner, Connecticut Department of Correction Connecticut 2025-07-25 Denied Response Waived conflict-of-interest criminal-defendant effective-counsel legal-malpractice right-to-counsel sixth-amendment Whether the threat of a civil action by a criminal defendant against his attorney is a per se denial of the right to effective counsel guaranteed by t…
25-99 William Thomas Hudson, III v. Michael Meisner, Warden Seventh Circuit 2025-07-25 Denied Response Waived ineffective-assistance investigation-deficiency prejudice-standard right-to-counsel sixth-amendment strickland-test Whether a court evaluating an ineffective assistance of counsel claim may rely on the testimony of counsel who has failed to conduct an adequate inves…
25A101 John Allen Rubio v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2025-07-24 Presumed Complete capital-murder eighth-amendment false-testimony habeas-corpus ineffective-assistance sixth-amendment Whether the Eighth Amendment and Sixth Amendment require reversal of a capital murder conviction where trial counsel provided constitutionally ineffec…
25-5176 Mario Gabriel Rodgers v. United States Fifth Circuit 2025-07-23 Denied Response WaivedIFP constitutional-law criminal-procedure due-process fifth-amendment sixth-amendment statutory-interpretation Does 18 U.S.C. § 3583(g) comport with the Fifth and Sixth Amendments?
25-5179 Gerald Lynn Campbell v. United States Sixth Circuit 2025-07-23 Denied Response WaivedIFP armed-career-criminal-act erlinger-error guilty-plea harmless-error-review sentencing-enhancement sixth-amendment Does the unique ACCA occasions-different inquiry render Erlinger error structural, and what is the proper harmless-error review test for a guilty plea…
25-5180 Sherrod Anthony Wright v. Florida Florida 2025-07-23 Denied Response WaivedIFP criminal-procedure defendant-rights jury-trial sixth-amendment state-court waiver Whether the ancient right enshrined in the Sixth Amendment to trial by a twelve-member jury applies to a state court trial for major felonies where th…
25A93 Kevin Don Foster v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2025-07-23 Presumed Complete constitutional-violations death-penalty eighth-amendment fourteenth-amendment ineffective-assistance sixth-amendment Question not identified.
25-5171 Reginald Hitchcock v. United States Sixth Circuit 2025-07-22 Denied Response WaivedIFP confrontation-clause criminal-procedure due-process evidentiary-hearing hearsay-evidence sixth-amendment Whether the Sixth Circuit erred in denying an evidentiary hearing when evidence was presented showing the hearsay witness contradicted allegations swo…
25-72 James Randall Moehle v. Florida Florida 2025-07-21 Denied Response WaivedRelisted (3) constitutional-mandate criminal-procedure felony-trial jury-composition sixth-amendment williams-precedent Whether this Court should revaluate its decision in Williams v. Florida and hold that twelve-person juries are constitutionally mandated in criminal f…
25A80 Dimitry Kuperschmidt v. Jeff Angradi, Chief Probation Officer, et al. Third Circuit 2025-07-21 Presumed Complete certificate-of-appealability constitutional-right due-process ineffective-assistance sixth-amendment strickland-standard Whether the Sixth Amendment requires a meaningful opportunity to demonstrate ineffective assistance of counsel claims when a certificate of appealabil…
25-5137 Joel Salcedo v. United States Ninth Circuit 2025-07-17 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process habeas-corpus sixth-amendment speedy-trial Whether Mr. Salcedo was deprived of his right to a speedy trial in violation of his Sixth Amendment Guarantee by the United States Constitution
25-5141 Dedric Mayfield v. United States Tenth Circuit 2025-07-17 Denied Response WaivedIFP due-process fair-trial felony-conviction firearm-prohibition second-amendment sixth-amendment Whether the Second Amendment allows lifetime firearm prohibition for individuals with prior felony convictions and whether a district court's requirem…
25-5122 Raheem Brown v. United States Third Circuit 2025-07-16 Denied Response WaivedIFP criminal-procedure fair-trial fourteenth-amendment ineffective-assistance-of-counsel right-to-testify sixth-amendment Is a criminal defendant's Sixth and Fourteenth Amendment right to testify and to receive a fair trial abridged where trial counsel interferes with the…
25-5127 John W. Biddle v. Administrator, New Jersey State Prison, et al. Third Circuit 2025-07-16 Denied Response WaivedIFP due-process fifth-amendment fourth-amendment identification-procedures prosecutorial-misconduct sixth-amendment Whether multiple constitutional violations, including due process, prosecutorial misconduct, and ineffective assistance of counsel, warrant Supreme Co…
25-5099 Franklin Ray v. United States Second Circuit 2025-07-15 Denied Response WaivedIFP actual-innocence appeal-waiver due-process plea-agreement sixth-amendment statutory-interpretation Whether a lawyer's appeal waiver without a client's knowledge violates due process and Sixth Amendment rights when the underlying statute has been rei…
25-5111 Omar Agor, Jr. v. United States Ninth Circuit 2025-07-15 Denied Response WaivedIFP constitutional-rights courtroom-closure judicial-discretion procedural-interpretation public-trial sixth-amendment Whether there is an exception to the Sixth Amendment's right to a public trial for courtroom closure that district and circuit courts characterize as …
25-5071 Martez Dion Mason v. Jeff Tanner, Warden Sixth Circuit 2025-07-10 Denied Response WaivedIFP assault-with-intent-to-murder due-process ineffective-assistance-of-counsel offense-variables sixth-amendment transferred-intent Whether the evidence was insufficient to find Petitioner guilty beyond a reasonable doubt for assault with intent to murder on the theory of transferr…
25-5075 Mark Jabben v. Texas Texas 2025-07-10 Denied IFP character-evidence confrontation-clause due-process expert-testimony sixth-amendment trial-procedure Whether the State Court violated the defendant's constitutional rights through multiple procedural errors during trial and sentencing
25-5076 Shomari Legghette v. Illinois Illinois 2025-07-10 Denied Response WaivedIFP appellate-representation constructive-denial criminal-procedure due-process ineffective-assistance sixth-amendment Whether defense Counsel's absence at a critical stage constructively denied representation as guaranteed by the sixth amendment
25-5079 Leon Carter v. Bradley Mlodzik, Warden Seventh Circuit 2025-07-10 Denied IFP counsel-deprivation ex-parte-communication fourteenth-amendment habeas-corpus jury-instruction sixth-amendment Whether a writ of habeas corpus should issue when a bailiff ex parte reinstructed the jury in a criminal trial, depriving the defendant of counsel at …
25-5048 Jeremy Wayne Holt v. Oklahoma Oklahoma 2025-07-08 Denied IFP criminal-procedure discovery-violation due-process hearsay-evidence sixth-amendment speedy-trial Does a seven-year delay in bringing a sexual assault case to trial trigger a presumption of prejudice under Doggett v. United States, and does the pre…
25A34 Steven Pitts v. New York New York 2025-07-08 Presumed Complete apprendi-rule jury-right prior-conviction sentencing-enhancement sixth-amendment tolling-period Whether the Sixth Amendment jury right requires a jury, rather than a judge, to determine the length of a defendant's prior incarceration for purposes…
25A16 Thomas Bradley v. United States Sixth Circuit 2025-07-07 Presumed Complete armed-career-criminal-act constitutional-error harmless-error-review jury-trial sentencing-enhancement sixth-amendment Whether a defendant's Sixth Amendment right to a jury trial is violated when a sentencing enhancement under the Armed Career Criminal Act is determine…
25-5041 Geovani Hernandez v. United States Fifth Circuit 2025-07-07 Denied Response WaivedIFP appellate-review due-process harmless-error mandate-recall sixth-amendment statutory-interpretation Whether a court of appeals violates due process by declining to recall a mandate where a petitioner demonstrates conviction of a non-existent offense …
25-5024 Roy Glenn Reay v. Seth Norris, Warden Wyoming 2025-07-03 Denied Response WaivedIFP burden-of-proof due-process fourteenth-amendment kidnapping-statute sentencing-enhancement sixth-amendment Whether state kidnapping statutes unconstitutionally reallocate the burden of proof for extended imprisonment terms and violate due process by requiri…
25-5029 Damon D. Williams v. United States Eighth Circuit 2025-07-03 Denied Response WaivedIFP abuse-of-discretion attempted-robbery criminal-procedure fifth-amendment sentencing-guidelines sixth-amendment Whether the District Court abused its discretion in imposing maximum consecutive sentences for attempted robbery by erroneously applying Federal Sente…
25-5014 Phillip R. Durachinsky v. United States Sixth Circuit 2025-07-02 Denied Response WaivedIFP competency-hearing critical-stages defense-counsel due-process effective-advocacy sixth-amendment Where defense counsel reasonably believes that their client may be incompetent, but the defendant disagrees, does the Sixth Amendment require a distri…
25-5023 Mychal Andra Reed v. Superior Court of California, San Diego County, et al. California 2025-07-02 Denied Relisted (2)IFP court-appointed-counsel post-conviction-relief pro-se-representation procedural-rights racial-justice-act sixth-amendment Can the Superior court force petitioner to accept court-appointed counsel for a P.C. Section 745(a) proceeding and deny his 6th Amendment right to sel…
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 during deliberation results in prejudicial violation of a defendant's Sixth Ame…
25A8 Jose Joya Parada, Oscar Armando Sorto Romero, Milton Portillo Rodriguez, and Juan Carlos Sandoval Rodriguez v. United States Fourth Circuit 2025-07-01 Presumed Complete constitutional-interpretation criminal-trial jury-composition jury-size sixth-amendment williams-v-florida Question not identified.
24-7522 Rachael Lynn Boehme v. Oregon Oregon 2025-06-30 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process ineffective-assistance-of-counsel pro-se-representation sixth-amendment Whether a trial court commits reversible error by denying a defendant's request to proceed pro se and refusing to replace ineffective court-appointed …
24-7516 Darrell Allen Hess v. Oklahoma Oklahoma 2025-06-26 Denied IFP counsel-denial fraud-on-court habeas-corpus procedural-bars sixth-amendment state-ground Whether Oklahoma's application of successive postconviction procedural bars constitutes an adequate and independent state ground precluding federal re…
24-7493 Christopher David Harrell v. Seth Norris, Warden Wyoming 2025-06-25 Denied Response WaivedIFP burden-of-proof due-process fourteenth-amendment kidnapping-statute sentencing-enhancement sixth-amendment Whether the Wyoming Supreme Court's interpretation of kidnapping statutes unconstitutionally reallocates the burden of proof and violates due process …
24-7495 Jose Mario Lopez Carrillo v. Karin Arnold, Superintendent, Stafford Creek Corrections Center, et al. Ninth Circuit 2025-06-25 Rehearing Response WaivedRelisted (2)IFP brady-violation constitutional-rights due-process fourteenth-amendment ineffective-assistance sixth-amendment Whether ineffective assistance of counsel occurred when discovery was not properly provided and multiple constitutional rights were allegedly violated
24-7486 Bruce Stroud v. United States Fifth Circuit 2025-06-24 Denied Response RequestedResponse WaivedRelisted (2)IFP criminal-sentencing fact-finding fifth-amendment jury-trial restitution-order sixth-amendment Whether a restitution order imposed as part of a federal criminal sentence and based on fact-findings made by the district court, rather than the jury…
24A1265 Charles L. Payne, II v. Ohio Ohio 2025-06-23 Presumed Complete due-process fourteenth-amendment harmless-error prosecutorial-misconduct sixth-amendment witness-vouching Whether a trial court violates a defendant's Sixth and Fourteenth Amendment rights by permitting prosecutorial and police vouching for a witness's cre…
24A1272 Benito M. Valdez v. United States District of Columbia 2025-06-23 Presumed Complete first-amendment husher jury-selection public-trial sixth-amendment voir-dire Whether the use of a white-noise machine during voir dire, without specific privacy concerns, violates a defendant's constitutional right to a public …
24-7446 Telly Royster v. Joseph Terra, Superintendent, State Correctional Institution at Phoenix, et al. Third Circuit 2025-06-17 Denied IFP criminal-procedure due-process habeas-corpus ineffective-assistance mental-health sixth-amendment Whether the failure to consider trial counsel's mental health issues in evaluating ineffective assistance of counsel violates the Sixth Amendment righ…
24-7450 Zachery James Edward Rowe v. United States Ninth Circuit 2025-06-17 Denied Response WaivedIFP buyer-seller-rule complete-defense criminal-procedure drug-conspiracy jury-instruction sixth-amendment Whether the Ninth Circuit's decision affirming the refusal to give a buyer-seller instruction in a drug conspiracy case conflicts with this Court's ho…
24-1279 Frank J. Anderson, Jr. v. New Jersey New Jersey 2025-06-16 Denied Relisted (2) criminal-procedure double-jeopardy due-process fifth-amendment sentencing-modification sixth-amendment Does the New Jersey judicial process of preparing a judgment of conviction in the petitioner's absence, departing from the orally pronounced sentence,…
24-7425 Joshua Sutherland v. United States Fifth Circuit 2025-06-13 Denied Response WaivedIFP circuit-split constitutional-challenge federal-statute second-amendment sixth-amendment statutory-interpretation Does 18 U.S.C. §922(g)(1) comport with the Second Amendment? Does 18 U.S.C. §3583(g) comport with the Sixth Amendment?
24A1227 Victor Everette Silvers v. United States Sixth Circuit 2025-06-12 Presumed Complete beyond-reasonable-doubt criminal-jurisdiction judicial-notice jury-trial sixth-amendment special-maritime-jurisdiction Whether a court may conclusively determine through judicial notice that the government has satisfied its burden to prove an essential jurisdictional e…
24-7399 Lake Robinson v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2025-06-11 Denied Response WaivedIFP constitutional-law ex-post-facto fourteenth-amendment ineffective-assistance sixth-amendment stand-your-ground Whether defense counsel's failure to request a pretrial immunity hearing constitutes ineffective assistance of counsel under the Sixth and Fourteenth …
24-7393 Walter Aceituno v. United States First Circuit 2025-06-10 Denied Response WaivedIFP coram-nobis effective-assistance-counsel immigration-consequences padilla-standard permanent-ban sixth-amendment Whether a criminal defense attorney is required to advise a client of a permanent immigration re-entry ban under Padilla v. Kentucky and the Sixth Ame…
24-7394 Edwin D. Calligan v. United States Seventh Circuit 2025-06-10 Denied Response WaivedIFP certificate-of-appealability fourteenth-amendment ineffective-assistance judicial-disqualification procedural-grounds sixth-amendment Whether jurists of reason would find it debatable that a Certificate of Appealability (COA) should have been issued under Slack v. McDaniel after the …
24-7370 Jonathan Davis v. United States Eighth Circuit 2025-06-06 Denied Response RequestedResponse WaivedRelisted (2)IFP constitutional-rights criminal-procedure implied-bias juror-disqualification jury-impartiality sixth-amendment Does the Constitution require selected jurors to be free from implied bias and what standards should apply when assessing an implied bias claim?
24-1235 Suliang Bu v. Missouri Missouri 2025-06-04 Denied Response Waived criminal-procedure cross-section-of-community due-process fourteenth-amendment jury-trial-waiver sixth-amendment Whether the Missouri Court of Appeals erred in holding that a jury trial waiver does not require the record to show the defendant understood all funda…
24-7353 Jose Trinidad Martinez Santoyo v. Lasha Boyden, former United States Marshal for the Eastern District of California, et al. Ninth Circuit 2025-06-04 Denied Response WaivedIFP criminal-procedure extradition international-law sixth-amendment speedy-trial treaty-interpretation Whether the Sixth Amendment Speedy Trial Clause constitutes a law that can bar extradition under the United States-Mexico Extradition Treaty due to la…
24-7344 Sheterria Lanelle Jackson v. Florida Florida 2025-06-03 Denied Response WaivedIFP constitutional-rights due-process ineffective-assistance motion-to-suppress sixth-amendment trial-court Did the trial court err when it denied petitioner's claim that counsel was ineffective for failing to challenge evidence and for failing to file a mot…
24-7350 Rusty James Driscoll v. United States Eighth Circuit 2025-06-03 Denied Response WaivedIFP constitutional-rights discovery-material fifth-amendment inmate-rights local-rules sixth-amendment Whether District Court of South Dakota's Local Rules 16.1 and 57.10 violate an inmate's constitutional rights under the 5th and 6th Amendments to rece…
24A1181 Mark William Sain v. United States Sixth Circuit 2025-06-02 Presumed Complete armed-career-criminal-act double-jeopardy harmless-error jury-trial sixth-amendment structural-error Whether a district court's failure to charge and have a jury find the 'occasions different' fact under the Armed Career Criminal Act constitutes struc…
24-7320 Luis Raul Vicente Fonseca v. United States Eleventh Circuit 2025-05-29 Denied Response WaivedIFP covid-19-tolling fifth-amendment fourth-amendment judicial-emergency sixth-amendment speedy-trial Whether a district court can toll the speedy trial period during the COVID-19 pandemic without invoking specific judicial emergency provisions
24-7301 Dennis J. Rydbom v. Jonathan Frame, Superintendent, Mount Olive Correctional Complex Fourth Circuit 2025-05-28 Denied Response WaivedIFP assistance-of-counsel constitutional-rights defense-strategy hybrid-representation self-representation sixth-amendment Did Judge Reed mislead Rydbom on the Assistance of Counsel clause by improperly interfering with his right to strategic defense control?
24-7305 Francis F. Joseph v. United States Tenth Circuit 2025-05-28 Denied Response WaivedIFP complete-defense corporate-practice-of-medicine financial-transactions medical-regulation sixth-amendment state-compliance Whether a criminal defendant's Sixth Amendment right to present a complete defense is violated when a federal court excludes evidence that a physician…
24-7285 Kirk Powell v. Louisiana Louisiana 2025-05-23 Denied Response WaivedIFP co-defendant-statements confrontation-clause due-process fifth-amendment misjoinder sixth-amendment Whether the misjoinder of defendants and admission of co-defendant's out-of-court statements in a joint trial violated the Petitioner's Fifth and Sixt…
24-7252 Issa L. Lamizana, Jr. v. Louisiana Louisiana 2025-05-20 Denied Response RequestedResponse WaivedRelisted (6)IFP confrontation-clause due-process fourteenth-amendment jury-verdict ramos-unanimity sixth-amendment Whether a non-unanimous verdict can be sustained under Ramos v. Louisiana when the record is silent on jury vote unanimity and what burden of proof ap…
24-1166 Luis Iram Miranda v. United States Fifth Circuit 2025-05-14 Denied Response Waived conflict-of-interest constitutional-rights counsel-representation criminal-procedure due-process sixth-amendment Whether district courts and parties in criminal cases can establish a uniform standard for addressing conflicts of interest in attorney representation…
24-7190 Danny Lee Jones v. Ryan Thornell, Director, Arizona Department of Corrections Ninth Circuit 2025-05-13 Dismissed IFP cumulative-prejudice habeas-corpus ineffective-assistance sixth-amendment strickland-standard trial-counsel Whether the Sixth Amendment requires a court reviewing an ineffective assistance-of-counsel claim to consider the cumulative prejudice stemming from t…
24-7193 Steven Douglas Rockett v. United States Ninth Circuit 2025-05-13 Denied Response WaivedIFP due-process duplicitous-charge indictment-dismissal ineffective-assistance sixth-amendment vagueness Did the district court err in concluding that petitioner received effective assistance of counsel under the Sixth Amendment when petitioner's trial co…
24-7181 Robert Carl Sharp v. United States Eighth Circuit 2025-05-12 Denied Response WaivedIFP circuit-split conflict-of-interest ineffective-assistance-counsel post-conviction-relief sentencing-enhancement sixth-amendment Does the Cuyler v. Sullivan standard for conflict of interest apply uniformly across circuits when assessing Sixth Amendment violations in successive …
24-7185 Wayne Johnson v. First District Appellate Project, et al. California 2025-05-12 Denied Response WaivedIFP attorney-fiduciary-duty confidential-communications criminal-defendant fourteenth-amendment public-defender sixth-amendment Whether an attorney appointed at public expense has a fiduciary duty to a criminal defendant to not disclose confidential communications in an environ…
24-7146 Anida Gilowski v. United States Fifth Circuit 2025-05-07 Denied Response WaivedIFP criminal-proceedings due-process fair-trial fifth-amendment property-forfeiture sixth-amendment Whether the petitioner's Fifth and Sixth Amendment rights were violated by forfeiture of real properties purchased with her own litigation income
24-7139 David Little v. Georgia Georgia 2025-05-06 Denied IFP confrontation-clause criminal-procedure cross-examination due-process hearsay sixth-amendment Whether the Indiana Court violated the Sixth Amendment right to Confrontation by admitting deceased witness's hearsay statements without affording pet…
24-7145 Jeffery Day Rieber v. John Q. Hamm, Commissioner, Alabama Department of Corrections Eleventh Circuit 2025-05-06 Denied IFP capital-sentencing ineffective-assistance intent intoxication jury-trial sixth-amendment Did trial counsel render ineffective assistance of counsel by failing to pursue a theory of lack of intent due to intoxication and by not developing m…
24-7096 Timothy Wayne Calhoun v. Louisiana Louisiana 2025-04-29 Denied IFP constitutional-rights criminal-procedure due-process fourteenth-amendment non-unanimous-jury sixth-amendment Whether non-unanimous jury verdicts violate a criminal defendant's Sixth and Fourteenth Amendment rights
24-7076 Delowar Mohammed Hossain v. United States Second Circuit 2025-04-25 Denied Response WaivedIFP classified-information criminal-defendant-rights due-process effective-assistance-of-counsel fifth-amendment sixth-amendment Whether a Fifth Amendment Due Process or Sixth Amendment effective assistance of counsel claim arises when security-cleared defense counsel are not gi…
24-7058 Todd Cannady v. United States Ninth Circuit 2025-04-23 Denied Response WaivedIFP certificate-of-appealability due-process fifth-amendment habeas-corpus sentencing-guidelines sixth-amendment Whether the Ninth Circuit violated the Petitioner's Fifth Amendment Due Process rights by denying a Certificate of Appealability without conducting th…
24-7059 Dennis L. Magee v. Louisiana Louisiana 2025-04-23 Denied Response WaivedIFP aggravated-rape constitutional-rights criminal-procedure fourteenth-amendment non-unanimous-jury sixth-amendment Whether non-unanimous jury verdicts in aggravated rape cases violate a defendant's Sixth and Fourteenth Amendment rights
24-7052 Michael Lynn Ashford v. United States Eighth Circuit 2025-04-22 Denied Response WaivedIFP acquitted-conduct constitutional-rights due-process fifth-amendment sentencing-guidelines sixth-amendment Whether the District Court can utilize acquitted conduct in determining advisory Guidelines sentencing without violating constitutional due process an…
24-7054 Oscar J. Martinez-Hernandez v. United States First Circuit 2025-04-22 Denied Response RequestedResponse WaivedRelisted (2)IFP circuit-split confrontation-clause due-process federal-rules-of-evidence hearsay-evidence sixth-amendment Whether uncorroborated hearsay under Federal Rule of Evidence 801(d)(2)(E) without independent proof of conspiracy violates the Sixth Amendment's Conf…
24-7029 DeNeal Lee Smith v. Jeff Howard, Warden Sixth Circuit 2025-04-18 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process faretta-right self-representation sixth-amendment Can a criminal defendant invoke his Sixth Amendment right to self-representation under Faretta after an equivocal request?
24-1084 Steven M. Hohn v. United States Tenth Circuit 2025-04-17 Denied Amici (7) attorney-client-privilege constitutional-rights legal-prejudice prosecutorial-misconduct sixth-amendment trial-procedure Whether a prosecutor's intentional, unjustified intrusion into a defendant's attorney-client communications violates the Sixth Amendment without a sho…
24-7018 Roderick King v. United States Third Circuit 2025-04-17 Denied Response WaivedIFP criminal-procedure due-process evidence-rules rule-16 sixth-amendment trial-rights Whether the government violated petitioner's due process rights through multiple procedural irregularities in a criminal investigation and trial
24-7028 Jeffrey Bowers v. Illinois Illinois 2025-04-17 Denied IFP constitutional-rights fourth-amendment identification-procedure lineup-suppression probable-cause sixth-amendment Whether the suppression of identification was warranted due to lack of timely probable cause determination and improper lineup procedure
24-6990 Abdul Kilgore v. United States Sixth Circuit 2025-04-15 Denied Response WaivedIFP confrontation-clause hearsay-evidence procedural-reasonableness sentencing sixth-amendment supervised-release Whether the district court's reliance on hearsay evidence in a supervised release revocation proceeding violated the petitioner's Confrontation Clause…
24-6991 Jessica L. Morris v. Jeremy Howard, Warden Sixth Circuit 2025-04-15 Denied IFP constitutional-rights criminal-procedure due-process effective-assistance-of-counsel fourteenth-amendment sixth-amendment Whether certiorari is appropriate due to alleged constitutional violations in criminal proceedings
24-7003 Hale R. Harris v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2025-04-15 Denied Response WaivedRelisted (2)IFP constitutional-violation criminal-procedure habeas-corpus ineffective-assistance plea-bargaining sixth-amendment Does a finding of ineffective assistance of counsel require a remedy to the constitutional violation?
24A983 Delowar Mohammed Hossain v. United States Second Circuit 2025-04-15 Presumed Complete CIPA classified-information due-process material-support-terrorism need-to-know sixth-amendment Whether the Fifth and Sixth Amendments prohibit the government from denying defense counsel access to classified information used in the investigation…
24-1075 Lecram Omari Sanders v. Virginia Virginia 2025-04-14 Denied Response Waived after-discovered-evidence due-process fair-trial fourteenth-amendment jury-trial sixth-amendment Whether the Supreme Court of Virginia erred in affirming the judgment of the Court of Appeals of Virginia, which denied the defendant's motion for a n…
24-6980 Redo Rolling v. United States Sixth Circuit 2025-04-11 Denied Response WaivedIFP constitutional-rights due-process fair-trial habeas-corpus insufficient-evidence sixth-amendment Whether the lower court's denial of habeas corpus relief constitutes a violation of due process and the Sixth Amendment right to a fair trial based on…
24-1071 Jose Angel Garcia v. New Mexico, et al. New Mexico 2025-04-10 Denied Response Waived criminal-procedure ineffective-assistance jury-instruction medical-evidence sixth-amendment trial-counsel Whether Petitioner Garcia's Sixth Amendment right to counsel was deprived by his trial attorney's failure to present exculpatory evidence and challeng…
24-6950 Daontae T. Scott v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2025-04-09 Denied Response WaivedIFP confrontation-clause criminal-procedure due-process habeas-corpus ineffective-assistance sixth-amendment Whether trial counsel's failure to investigate and procure exculpatory security camera footage abrogates the appellant's Sixth and Fourteenth Amendmen…
24-6952 David J. Rudometkin v. United States Armed Forces 2025-04-09 Denied Response WaivedIFP all-writs-act appellate-defense-counsel court-of-appeals-for-armed-forces jurisdiction military-justice sixth-amendment Whether the Court of Appeals for the Armed Forces (CAAF) has jurisdiction to deny appellate defense counsel assigned by U.S. Army Judge Advocate Gener…
24-6933 Mikal Mahdi v. Bryan Stirling, Director, South Carolina Department of Corrections South Carolina 2025-04-08 Denied IFP capital-punishment childhood-trauma death-penalty ineffective-assistance mitigating-evidence sixth-amendment Whether a capital defendant's Sixth Amendment right to effective assistance of counsel is violated when trial counsel fails to fully investigate and p…
24-6940 Tam Q. Le v. Tim Hooper, Warden Fifth Circuit 2025-04-08 Denied Response WaivedIFP allen-charge constitutional-rights fifth-amendment fourteenth-amendment non-unanimous-jury sixth-amendment Whether the trial court committed reversible error by providing an Allen charge to a deadlocked jury and whether Mr. Le was convicted by a non-unanimo…
24-6942 John Sexton v. Florida Florida 2025-04-08 Denied IFP capital-punishment court-witness harmless-error mitigation-specialist sixth-amendment structural-error Did the state trial court commit structural error by violating the Defendant's Sixth Amendment-secured right to autonomy in his capital penalty procee…
24-6947 Harry Lee Goldsboro, II v. Florida Florida 2025-04-08 Denied IFP criminal-procedure discovery-violation due-process habeas-corpus ineffective-assistance sixth-amendment Whether a trial court's failure to provide counsel with adequate time to review discovery materials and prepare a defense constitutes a substantial vi…
24-6937 Anthony Craig Weimer v. Montana Montana 2025-04-07 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process first-amendment sixth-amendment supremacy-clause Whether the initial Court violated Article VI, Cl. 3 of the United States Constitution by denying Petitioner's statutory right of abatement and the U.…
24-6932 Michael Tanzi v. Ricky D. Dixon, Secretary, Florida Department of Corrections Florida 2025-04-04 Denied IFP death-penalty due-process eighth-amendment fourteenth-amendment jury-recommendation sixth-amendment Whether Florida may limit a jury's penalty phase role under the Sixth, Eighth, and Fourteenth Amendments despite the Supreme Court's overruling of Spa…
24-6907 Oscar Omar Lobo-Lopez v. United States Fourth Circuit 2025-04-02 Denied Response WaivedIFP compassionate-release criminal-procedure due-process ineffective-assistance right-to-counsel sixth-amendment Whether the Sixth Amendment right to counsel extends to critical stages of criminal proceedings such as compassionate release when counsel fails to pr…
24-6905 Jonathon William-Durand Neuhard v. United States Sixth Circuit 2025-04-01 Denied Response WaivedIFP autism-representation criminal-defense diminished-capacity effective-assistance-counsel sentencing-mitigation sixth-amendment Whether a trial defense attorney representing an adult autistic criminal defendant provides effective assistance of counsel by concealing the defendan…
24-1034 Ulysses Charles Sneed v. Terry Raybon, Warden Eleventh Circuit 2025-03-28 Denied certificate-of-appealability circuit-split habeas-corpus ineffective-assistance merits-review sixth-amendment Did the court of appeals err in denying petitioner's application for a COA as to his constitutional habeas claims where (i) a circuit judge found that…
24-6879 Zachary Michael Linan v. United States Fifth Circuit 2025-03-27 Denied Response WaivedIFP constitutional-rights criminal-procedure fifth-amendment judicial-fact-finding sentencing-guidelines sixth-amendment Did the Fifth Circuit err in affirming the district court's application of sentencing guidelines in a manner that expands judicial fact-finding beyond…
24-6880 Charles Christopher Wendell v. Florida Florida 2025-03-27 Denied IFP due-process fourteenth-amendment ineffective-assistance prosecutorial-misconduct sixth-amendment witness-impeachment Whether failure to adequately impeach a witness, challenge other crimes evidence, investigate witnesses, request medical examination, and object to pr…
24-6852 Eric William Diaz v. Pennsylvania Pennsylvania 2025-03-26 Denied IFP double-jeopardy legal-counsel plea-negotiation sentencing sexual-offense sixth-amendment Whether the Pennsylvania State Courts violated the Double Jeopardy Clause and Sixth Amendment Rights during sentencing and plea negotiations involving…
24-6850 Philip Jude Moran v. Florida Florida 2025-03-25 Denied Response WaivedIFP criminal-procedure due-process ineffective-assistance post-conviction-relief sixth-amendment strickland-standard Whether the state appellate court misapplied the Strickland prejudice standard when affirming the denial of Petitioner Moran's ineffective assistance …
24-1000 In Re Michael Prete 2025-03-20 Denied Relisted (2) due-process eighth-amendment fifth-amendment first-amendment fourth-amendment sixth-amendment Did the R.I. Judiciary violate multiple constitutional rights through retaliatory actions, improper evidence handling, and procedural misconduct?
24-6803 Vincent Giattino v. United States Second Circuit 2025-03-19 Denied Response WaivedIFP cruel-unusual-punishment due-process plea-deal sentencing-relief sixth-amendment trial-penalty Whether the lower courts erred in not finding an 'extraordinary reason' for sentencing relief under 18 U.S.C. Section 3582 based on an alleged unconst…
24-6796 Steven Nicholson v. United States Ninth Circuit 2025-03-18 Denied Response WaivedIFP covid-19-test district-court ninth-circuit sixth-amendment speedy-trial-act summary-reversal Whether the Supreme Court should summarily reverse the Ninth Circuit's decision that relied solely on a COVID-19 test for analyzing the Speedy Trial A…
24-6767 Brandon Green v. United States Second Circuit 2025-03-14 Denied Response WaivedIFP constitutional-rights due-process ineffective-assistance judicial-recusal pro-se-defendant sixth-amendment Whether a federal district judge's refusal to recuse himself after making prejudicial statements, displaying hostility toward a pro se defendant, and …
24-6773 Jerry Jeron Daniels v. Pennsylvania Parole Board Pennsylvania 2025-03-14 Denied IFP constitutional-rights due-process fourteenth-amendment fourth-amendment parole-board sixth-amendment Whether the Pennsylvania courts erred in denying the petitioner's appeal of the Pennsylvania Parole Board's decision and violating his constitutional …
24-6774 Alberto Rivera v. Tim Thomas, Warden Seventh Circuit 2025-03-14 Denied Response WaivedIFP counsel-of-choice critical-stage law-enforcement right-to-counsel sixth-amendment substitute-counsel Can law enforcement officials refuse to honor a defendant's request for the presence of their retained counsel at a 'critical stage' without a counter…
24-6752 Adonis Batista v. United States Tenth Circuit 2025-03-12 Denied Response WaivedIFP due-process fifth-amendment jury-trial methamphetamine-quantity sentencing-guidelines sixth-amendment Were Petitioner's Fifth Amendment due process rights and Sixth Amendment rights to jury trial violated when the jury found him accountable for less th…
24-6728 David C. Lettieri v. Lawrence Joseph Vilardo, Judge, United States District Court for the Western District of New York Second Circuit 2025-03-10 Dismissed IFP 42-usc-1985 bivens-action civil-rights due-process judicial-immunity sixth-amendment Can a judge be held liable for civil rights violations under Bivens and 42 U.S.C. 1985(3) despite claims of absolute or qualified immunity?
24-6717 Allaquan Jackson, aka Khalif Jackson, aka Kailif Jackson v. New Jersey New Jersey 2025-03-07 Denied IFP alibi-witness due-process fair-trial judicial-bias recusal sixth-amendment Whether the Sixth Amendment right to a fair trial is violated by a trial judge with personal knowledge of an alibi witness who did not testify due to …
24-6720 Leroy Harold White, Jr. v. United States Fifth Circuit 2025-03-07 Denied Response WaivedIFP burden-of-proof criminal-defendants deportation extraneous-offenses fifth-amendment sixth-amendment Do the Fifth and Sixth Amendments afford criminal defendants the same burden of proof for extraneous offenses as convicted aliens receive at deportati…
24-954 Anthony Vetri v. United States Third Circuit 2025-03-05 Denied Response Waived conflict-of-interest criminal-defense cronic-standard effective-counsel sixth-amendment strickland-standard Whether a defendant must show actual prejudice or can rely on a presumption of prejudice when some, but not all, attorneys in a multi-attorney represe…
24A850 Dieudruch Emmanuel v. United States Eleventh Circuit 2025-03-04 Presumed Complete controlled-substance-distribution fifth-amendment fourteenth-amendment fourth-amendment sixth-amendment spousal-privilege Whether the admission of privileged spousal communications and erroneous role-in-offense determinations in a drug distribution prosecution violated th…
24A836 Cedric Allen Ricks v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2025-02-28 Presumed Complete capital-case certificate-of-appealability federal-habeas-corpus fifth-amendment fourteenth-amendment sixth-amendment Whether the Fifth Circuit properly denied a Certificate of Appealability in a capital habeas corpus proceeding involving alleged Fifth, Sixth, and Fou…
24-6656 Derek Burns v. Georgia Georgia 2025-02-26 Denied IFP attorney-client-privilege evidence-intrusion legal-communications procedural-matters sixth-amendment state-actors Does characterizing attorney client communications about bond strategy and hearing preparation as merely 'procedural scheduling matters' defeat Sixth …
24-928 Zackery Terrell v. Texas Texas 2025-02-26 Denied Response Waived constitutional-rights cruel-unusual-punishment eighth-amendment ineffective-assistance sixth-amendment suggestion-of-reconsideration Whether the denial of the Applicant's Suggestion of Reconsideration violates the Eighth Amendment protection against cruel and unusual punishment and …
24-6636 Kerbet Dixon v. New York New York 2025-02-25 Denied Response WaivedRelisted (2)IFP adversarial-process pro-se-defendant prosecutorial-tactics self-representation sixth-amendment trial-preparation Does the right to self-representation include the right to prepare a defense outside the earshot of the prosecution, or can the prosecution have unfet…
24-6642 Hubert Glenn Sexton, Jr. v. Tennessee Tennessee 2025-02-25 Denied Response WaivedIFP appellate-review constitutional-rights counsel-waiver due-process self-representation sixth-amendment Whether an indigent defendant can be denied the right to present his own defense and compelled to accept representation by appointed counsel over his …
24-6646 Randy Allen Herman, Jr. v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2025-02-25 Denied Response WaivedIFP criminal-procedure fourteenth-amendment ineffective-assistance-of-counsel insanity-defense involuntary-act sixth-amendment Whether Petitioner was deprived of effective assistance of counsel in violation of his Sixth and Fourteenth Amendments to the United States Constituti…
24-910 Charles Ray Crawford v. Burl Cain, Commissioner, Mississippi Department of Corrections, et al. Fifth Circuit 2025-02-24 Denied ake-standard due-process ineffective-assistance insanity-defense mental-health-expert sixth-amendment Whether the trial court violated Ake v. Oklahoma by imposing preconditions on expert mental health assistance for an indigent criminal defendant raisi…
24-6608 Felix Pusey v. Florida Florida 2025-02-21 Denied Response WaivedIFP eighth-amendment firearm-possession juvenile-offender mandatory-minimum second-amendment sixth-amendment Whether a Florida statute criminalizing firearm possession for individuals under 24 with prior juvenile felony adjudications violates the Second Amend…
24-882 Derrick Chatman v. Mississippi Mississippi 2025-02-18 Denied Response Waived constitutional-law criminal-procedure direct-remand jury-unanimity lesser-included-offense sixth-amendment Does a state court direct-remand rule that infers jury unanimity on a lesser-included offense violate the Sixth Amendment, where the jury's verdict wa…
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…
24-6539 Fernando Lopez-Armenta v. United States Ninth Circuit 2025-02-11 Denied Response WaivedIFP constitutional-rights criminal-defense fifth-amendment lesser-included-offense sixth-amendment trial-instruction Where the sole defense raised to a criminal charge is guilt of a lesser included offense, does the right to a present a defense rooted in the Fifth an…
24A776 Michael Fimbres v. O'Brian Bailey, Acting Warden Ninth Circuit 2025-02-11 Presumed Complete gang-expert-testimony habeas-corpus ineffective-assistance prejudice-prong sixth-amendment strickland-standard Whether the Sixth Amendment requires a finding of prejudice under Strickland v. Washington when assessing ineffective assistance of counsel claims in …
24-6513 Tavon Johnathon Magee v. Michigan Michigan 2025-02-10 Denied IFP actual-innocence constitutional-claims effective-assistance-of-counsel federal-standard habeas-relief sixth-amendment Has Petitioner Magee made a proper showing of actual innocence to have his constitutional claims addressed on the merits, and should the Supreme Court…
24-6520 Lalako Jonathan Jose v. Arizona Arizona 2025-02-10 Denied Response WaivedIFP constitutional-rights criminal-procedure jury-trial ramos-precedent sixth-amendment twelve-person-jury Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a twelve-person jury when the defendant is charged with a felony
24-6491 Nawaz Ahmed v. Tim Shoop, Warden Sixth Circuit 2025-02-06 Denied IFP asset-freezing certificate-of-appealability due-process hybrid-representation right-to-counsel sixth-amendment Whether the Sixth Amendment right to counsel is violated when a trial court freezes assets, appoints counsel over a defendant's objection, restricts h…
24-6494 Brandon Green v. United States Second Circuit 2025-02-06 Denied Response WaivedIFP brady-violation constitutional-stop-and-frisk due-process ineffective-assistance prosecutorial-misconduct sixth-amendment Whether the Second Circuit's affirmation of Mr. Green's conviction, despite overwhelming evidence of prosecutorial misconduct, violates due process an…
24-6495 Billy Joe Taylor v. United States Eighth Circuit 2025-02-06 Denied Response WaivedIFP circuit-split constitutional-rights counsel-of-choice guilty-plea sixth-amendment structural-error Whether a defendant who is erroneously denied his Counsel of Choice in Violation of the Sixth Amendment, which is structural error, waives his right t…
24-6466 David Alcorn v. United States Fourth Circuit 2025-02-04 Denied Response WaivedIFP court-of-appeals criminal-procedure defendants-rights district-court public-trial sixth-amendment Whether The Court Of Appeals Erred By Upholding The District Court's Violation Of Defendants' Sixth Amendment Right To A Public Trial?
24-6469 Ramien Collins v. United States Eighth Circuit 2025-02-04 Denied Response WaivedIFP appellate-review confrontation-clause criminal-procedure due-process right-to-counsel sixth-amendment Did the appellate court commit reversible error by denying Petitioner's direct appeal due to violations of the Confrontation Clause and Sixth Amendmen…
24A755 Steven M. Hohn v. United States Tenth Circuit 2025-02-04 Presumed Complete attorney-client-communications ineffective-assistance prosecutorial-misconduct right-to-counsel sixth-amendment trial-prejudice Whether the Sixth Amendment prohibits prosecutorial intrusion into attorney-client communications without requiring a showing of discrete, trial-speci…
24-6446 Larayna Manning v. Kentucky Kentucky 2025-02-03 Denied IFP chain-of-custody constitutional-rights due-process fifth-amendment sixth-amendment speedy-trial Whether the delay in trial and chain of custody of evidence violated the defendant's constitutional rights to a speedy trial and due process
24-6442 Steven Lawayne Nelson v. Texas Texas 2025-02-03 Denied IFP adequate-state-grounds federal-law ineffective-assistance postconviction-relief sixth-amendment state-habeas Whether a state court's unexplained denial of a postconviction relief application can be presumed to lack adequate and independent state grounds when …
24-6460 Jonathan Mason v. United States Seventh Circuit 2025-02-03 Denied Response WaivedIFP bias-testimony confrontation-clause role-facilitation sentencing-hearing sixth-amendment witness-testimony Can a bias witness testimony, made during a bench trial in an unrelated case be admitted for its truth at Petitioner's sentencing hearing, to support …
24-6437 Armando Molina v. United States Ninth Circuit 2025-01-31 Denied Response WaivedIFP criminal-defense defendant-rights defense-counsel entrapment sixth-amendment trial-strategy Whether the Sixth Amendment right to determine the objectives of one's own defense is violated when defense counsel, against the defendant's wishes, s…
24-6414 Albert Pinedo v. United States Ninth Circuit 2025-01-29 Denied Response WaivedIFP bias criminal-procedure impartiality jury-selection sixth-amendment voir-dire Whether the Sixth Amendment requires a prospective juror to make an unequivocal commitment to impartiality after revealing their actual bias
24A744 Leonard Harris v. Nakita Ross, et al. Fourth Circuit 2025-01-29 Presumed Complete capital-sentencing criminal-procedure exculpatory-evidence ineffective-assistance right-to-counsel sixth-amendment Whether a criminal defendant's Sixth Amendment right to effective assistance of counsel is violated when counsel fails to adequately investigate and p…
24-6381 Gary Eugene Graham v. United States Eighth Circuit 2025-01-24 Denied Response WaivedIFP constitutional-rights covid-19-delay due-process ends-of-justice sixth-amendment speedy-trial Is it a violation of a pretrial defendant's Sixth Amendment right to a Speedy Trial along with the Speedy Trial Act, and this Honorable Court's decisi…
24-6389 Kalontae Carter, aka Kelontae Carter v. Doug Luneke, Warden Sixth Circuit 2025-01-24 Denied IFP accomplice-testimony confrontation-clause criminal-procedure out-of-court-statements sixth-amendment testimonial-statements Whether the Confrontation Clause prohibits the introduction of non-testifying accomplice statements that directly implicate the accused
24-6390 William Logsdon v. United States Fifth Circuit 2025-01-24 Denied Response WaivedIFP compulsory-process criminal-defendant fifth-amendment self-incrimination sixth-amendment witness-testimony Whether a district court must conduct a particularized inquiry into a witness's Fifth Amendment privilege before accepting a blanket assertion of self…
24-6373 Harry Lee Goldsboro, II v. Florida Florida 2025-01-23 Denied IFP constitutional-rights criminal-procedure due-process ineffective-assistance plea-bargaining sixth-amendment Does a criminal defendant's plea of guilty preclude an ineffective assistance of counsel claim when counsel's performance falls below an objective sta…
24A713 Matthew Lee Flowers v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2025-01-22 Presumed Complete confrontation-clause constitutional-rights criminal-procedure ineffective-assistance sixth-amendment trial-counsel Whether a criminal defendant's Sixth Amendment right to effective assistance of counsel is violated when trial counsel fails to adequately investigate…
24-6354 Shelben T. Curtis v. Ron Neal, Warden Seventh Circuit 2025-01-22 Denied Response WaivedIFP ineffective-assistance jury-instruction retroactive-application sixth-amendment sudden-heat voluntary-manslaughter Whether the lower courts unreasonably applied Brantley retroactively when deciding if counsel's ineffectiveness denied Sixth Amendment rights due to i…
24-6358 James David Watwood v. David Newcomer, Warden Fourth Circuit 2025-01-22 Denied Response WaivedIFP compulsory-process confidential-records due-process government-witness impeachment-evidence sixth-amendment Is a criminal defendant's Sixth Amendment right to Compulsory Process or Fourteenth Amendment right to due process violated when access to impeaching …
24-774 Reginald Keith Clark v. Colorado Colorado 2025-01-22 Denied Amici (2)Response WaivedRelisted (2) for-cause-challenge fourteenth-amendment jury-selection racial-bias sixth-amendment trial-court-discretion Whether a trial court violates a defendant's Sixth and Fourteenth Amendment rights when it erroneously denies a for-cause challenge to a racially bias…
24-6341 Zonta Tavaras Ellison aka Zonta Tavarus Ellison v. United States Fourth Circuit 2025-01-21 Denied Response WaivedIFP alford-plea career-offender circuit-court en-banc sixth-amendment trial-by-jury Whether the Circuit Courts' three-judge panel created a conflict of grave importance by denying petitioner's en banc rehearing and potentially infring…
24-6332 Andrew Jason Peterson v. Wisconsin Wisconsin 2025-01-17 Denied Response WaivedRelisted (2)IFP colloquy counsel-denial defendant-rights sequestration-order sixth-amendment trial-court Under the Sixth Amendment, does a defendant forfeit the right to directly challenge the court's order appeal on the grounds of complete actual or cons…
24-6321 Celeste Ryan v. Jeff Timmerman, et al. Washington 2025-01-16 Denied IFP constitutional-rights due-process equal-protection first-amendment judicial-discretion sixth-amendment Does the exercise of judicial discretion violate constitutional guarantees such as due process, equal protection, impartiality, and the right to a jur…
24-6323 Ernest Green v. United States Second Circuit 2025-01-16 Denied Response WaivedIFP constitutional-rights criminal-trial impartial-jury racial-bias sixth-amendment voir-dire Whether the Sixth Amendment requires a defendant of a minority race to be afforded voir dire of prospective jurors' racial bias if requested
24-6294 Christopher Lloyd Burnell v. United States Ninth Circuit 2025-01-14 Denied Response WaivedRelisted (2)IFP circuit-split counsel-substitution court-appointed-counsel criminal-procedure defendant-rights sixth-amendment What standard governs a criminal defendant's motion to substitute retained with court-appointed counsel?
24-6300 Pablo Gutierrez v. Florida Florida 2025-01-14 Denied Response RequestedResponse WaivedRelisted (2)IFP confrontation-clause criminal-procedure due-process fourteenth-amendment interpreter-rights sixth-amendment Whether Petitioner was deprived of his rights to due process and confrontation under the Sixth and Fourteenth Amendments, where the interpreter was pr…
24-6272 In Re Benjamin Shipley 2025-01-13 Denied IFP actual-innocence collateral-review fifth-amendment habeas-corpus retroactivity sixth-amendment Whether the Court's holding in Erlinger V. United States retroactively opens the affirmative defense requirement under 18 U.S.C. § 3559(c)(3)(A) to a …
24A680 Katie Garding v. Montana Department of Corrections Ninth Circuit 2025-01-13 Presumed Complete circuit-split federal-jurisdiction fourteenth-amendment habeas-corpus sixth-amendment strickland-standard Whether a federal appellate court retains jurisdiction to review a habeas petition when the underlying state criminal conviction has been vacated and …
24-6259 Kenneth Wayne Gilmore v. United States Eighth Circuit 2025-01-10 Denied Response WaivedIFP armed-career-criminal-act due-process fifth-amendment marijuana-probable-cause search-warrant sixth-amendment Whether the isolated smell of marijuana is sufficient probable cause for a search warrant; Whether Petitioner's conviction should be reversed due to a…
24-6248 Kenneth Brown v. Robert Adams, Jr., Warden Sixth Circuit 2025-01-08 Denied Relisted (2)IFP criminal-homicide due-process fourteenth-amendment ineffective-assistance proximate-causation sixth-amendment Whether trial counsel was ineffective for failing to request a jury instruction on proximate causation in a criminal homicide case and whether conflic…
24-6245 Brad A. Smith v. United States First Circuit 2025-01-08 Denied Response WaivedIFP fifth-amendment fourth-amendment immigration-law interrogation-rights knock-and-talk sixth-amendment Did authorities violate the Fourth, Fifth, and Sixth Amendments during a 'knock-and-talk' interrogation by entering a secured gate, demanding identifi…
24-6231 Emmanuel Zleh Totaye, Jr. v. Iowa Iowa 2025-01-03 Denied Response WaivedIFP criminal-procedure fair-trial fourteenth-amendment inconsistent-verdict reasonable-doubt sixth-amendment Does an inconsistent verdict in a criminal case violate a defendant's right to a fair trial under the Sixth Amendment and their right to be found guil…
24-706 Andrew Thomas Cowhy v. Michigan Michigan 2025-01-02 Denied constitutional-law criminal-procedure judicial-precedent jury-trial sentencing sixth-amendment Whether the Court should reexamine its holding in Oregon v. Ice regarding the Sixth Amendment jury requirement for consecutive sentencing
24-6225 Dennis Mischler v. Tim Hooper, Warden Fifth Circuit 2025-01-02 Denied Response WaivedIFP constitutional-rights due-process evidentiary-hearing fifth-circuit habeas-corpus sixth-amendment Whether the Fifth Circuit deprived Mischler of Due Process by failing to afford an evidentiary hearing on disputed facts when no hearing was provided …
24-6209 Edvin Santiagomazariegos v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2024-12-30 Denied Response WaivedIFP criminal-procedure due-process fourteenth-amendment ineffective-assistance sixth-amendment supreme-court-precedent Whether trial counsel's performance deprived Petitioner of his Sixth Amendment right to effective assistance of counsel as made applicable by the Four…
24-6201 Christopher Jeorge Millican v. United States Ninth Circuit 2024-12-26 Denied Response WaivedIFP confrontation-clause criminal-procedure hearsay search-warrant sixth-amendment testimonial-evidence Whether the Confrontation Clause allows the admission of testimonial documents created in response to a search warrant without direct confrontation of…
24A608 Miguel Adan Cayetano v. Texas Texas 2024-12-19 Presumed Complete confrontation-clause due-process fourteenth-amendment medical-evidence prosecutorial-misconduct sixth-amendment Whether the Fourteenth Amendment's Due Process Clause and Sixth Amendment Right of Confrontation were violated by alleged collusion between a District…
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…
24-654 David Lesh v. United States Tenth Circuit 2024-12-17 Denied Amici (9)Response RequestedResponse WaivedRelisted (2) article-iii constitutional-interpretation criminal-prosecution jury-trial petty-offense sixth-amendment Whether the Constitution's dual guarantee of trial by jury contains an unstated exception for 'petty offenses'
24-650 Robert Lee Webb v. Virginia Virginia 2024-12-16 Denied circumstantial-evidence fourteenth-amendment jury-instruction meaningful-defense sixth-amendment trial-court-error Whether the trial court's refusal to give a Virginia Model Jury Instruction on Circumstantial Evidence violated the appellant's Sixth and Fourteenth A…
24A584 Daryl Cook v. Tom McGinley, Superintendent, State Correctional Institution at Coal Township, et al. Third Circuit 2024-12-16 Presumed Complete criminal-procedure due-process exculpatory-evidence ineffective-assistance right-to-counsel sixth-amendment Whether a criminal defendant's constitutional right to effective assistance of counsel was violated by the prosecution's failure to timely disclose po…
24-6140 Terrance L. Lavoll v. Jerry Howell, et al. Ninth Circuit 2024-12-13 Denied IFP constitutional-rights criminal-procedure due-process right-to-counsel sentencing sixth-amendment Whether the defendant's Sixth Amendment right to counsel was violated when he was denied access to court-appointed counsel before his sentencing heari…
24-6101 Halim Khan v. United States Ninth Circuit 2024-12-10 Denied Response WaivedIFP confrontation-clause criminal-prosecution due-process interpreter-testimony sixth-amendment testimonial-statements Whether translated out-of-court testimonial statements may be admitted without violating the Confrontation Clause when an interpreter is deemed an age…
24-6104 Maurice Kerrick, Jr. v. United States District of Columbia 2024-12-10 Denied Response WaivedIFP criminal-sentencing double-jeopardy due-process maximum-term sixth-amendment supervised-release Whether a defendant's due process rights are violated when he is never informed that he may be sentenced to an additional term of imprisonment for vio…
24-6108 Sixto Jorge Diaz-Colon v. United States First Circuit 2024-12-10 Denied Response WaivedIFP appellate-review constitutional-rights due-process eighth-amendment procedural-rules sixth-amendment Whether an appellate court violates due process by dismissing an appeal based solely on procedural deficiencies without addressing substantial constit…
24-6114 Davis Ennis v. United States Fifth Circuit 2024-12-10 Denied Response WaivedIFP conspiracy-statute drug-quantity judicial-fact-finding mandatory-minimum rule-of-lenity sixth-amendment Whether judicial fact-finding of drug quantity for an enhanced mandatory minimum sentence violates the Sixth Amendment when the defendant and governme…
24-6097 Alfredo Alvarado-Varela v. United States Fifth Circuit 2024-12-09 Denied Response WaivedIFP almendarez-torres apprendi notice-clause prior-conviction-exception recidivism-enhancement sixth-amendment Whether the prior-conviction exception from Almendarez-Torres can be squared with the text of the Sixth Amendment's Notice Clause and the historical p…
24-6086 Curtis James McGarvey v. United States Eighth Circuit 2024-12-06 Denied Response WaivedIFP due-process eighth-amendment ineffective-assistance-of-counsel lasciviousness-standard sexual-exploitation sixth-amendment Whether the application of the Dost factors is appropriate in determining the lasciviousness standard for attempted sexual exploitation of a minor und…
24-6081 Christopher Zamarripa v. United States Fifth Circuit 2024-12-05 Denied Response WaivedIFP appeal-waiver criminal-procedure effective-assistance-of-counsel plea-agreement sentencing sixth-amendment Whether Zamarripa was denied effective assistance of counsel under the Sixth Amendment when his counsel advised him to accept a plea agreement that wa…
24-6083 Joshua Flores v. United States Ninth Circuit 2024-12-05 Denied Response WaivedIFP article-iii constitutional-rights criminal-prosecution jury-trial misdemeanor sixth-amendment Whether Article III and the Sixth Amendment guarantee a jury trial for petty misdemeanors
24-6062 Efe Clinton Osaghae v. Kansas Kansas 2024-12-04 Denied Response WaivedIFP apprendi-precedent blakely-rule criminal-procedure jury-trial sentencing-enhancement sixth-amendment Does Blakely v. Washington establish an 'unpled but admitted facts' exception to Apprendi v. New Jersey's Sixth Amendment interpretation regarding jur…
24A545 Bartholomew Granger v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2024-12-04 Presumed Complete capital-murder constitutional-deficiency critical-stage ineffective-assistance sixth-amendment trial-counsel Whether the Sixth Amendment right to effective assistance of counsel requires reversal of a capital murder conviction where trial counsel allegedly pr…
24-600 Quiotis C., Jr. v. Nebraska Nebraska 2024-12-03 Denied Response WaivedRelisted (2) batson-challenge constitutional-rights jury-trial juvenile-justice prosecutorial-discretion sixth-amendment Whether juveniles are guaranteed a Sixth Amendment right to a jury trial in juvenile court proceedings when prosecutors can unilaterally deny such a r…
24A538 Anthony Medina v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2024-12-03 Presumed Complete capital-punishment constitutional-claims habeas-corpus ineffective-assistance sixth-amendment strickland-standard Whether the Sixth Amendment requires a new trial when a defendant demonstrates ineffective assistance of counsel that potentially prejudiced the outco…
24A526 Saaed Moslem v. United States Second Circuit 2024-12-02 Presumed Complete access-to-courts appellate-proceedings constitutional-rights critical-stages due-process sixth-amendment Whether a criminal defendant's constitutional right to be present at critical stages of appellate proceedings requires transportation from prison to a…
24-6044 Antonio Shropshire v. United States Fourth Circuit 2024-11-27 Denied Response WaivedIFP constitutional-rights criminal-procedure government-seizure sixth-amendment testimonial-autonomy trial-preparation Were Shropshire's Sixth Amendment rights violated by the government's seizure of trial preparation documents and interference with his testimonial aut…
24-6026 Ana Ortiz, aka Ana Lopez v. Circuit Court of Illinois, Lake County Illinois 2024-11-25 Denied IFP constitutional-rights due-process family-court fourteenth-amendment legal-representation sixth-amendment Does the absence of counsel and transcripts in family court proceedings violate constitutional due process rights under the Fourteenth and Sixth Amend…
24-6014 Ronald Cox v. Ronald S. Weber, Warden, et al. Fourth Circuit 2024-11-21 Denied IFP appellate-review constitutional-claim criminal-procedure exculpatory-evidence ineffective-assistance sixth-amendment Whether the Fourth Circuit erred in denying relief for ineffective assistance of counsel under the Sixth Amendment by failing to recognize counsel's f…
24-562 Narjes Modarresi v. Texas Texas 2024-11-20 Denied Response RequestedRelisted (2) due-process ineffective-assistance involuntary-confession mental-illness miranda-rights sixth-amendment Whether the Texas Court of Criminal Appeals improperly rejected the trial court's recommendation of relief for ineffective assistance of counsel regar…
24-6003 Sydni Frazier v. United States Fourth Circuit 2024-11-20 Denied Response WaivedIFP criminal-defendant first-degree-murder jury-trial predicate-offense sixth-amendment unanimous-verdict Whether a criminal defendant's right to a jury trial under the Sixth Amendment is violated when the trial judge does not instruct the jury that it mus…
24-6007 Warren Dale Watson v. Dave Bergman, Warden, et al. Tenth Circuit 2024-11-20 Denied Relisted (2)IFP faretta-guidelines judicial-discretion pro-se-representation right-to-counsel sixth-amendment trial-court-procedure Does a defendant who has previously requested and later revoked pro se representation have the right under the Sixth Amendment to later go pro se afte…
24-5994 David Rodriguez v. Texas Texas 2024-11-19 Denied Relisted (2)IFP abuse-of-discretion due-process fourteenth-amendment right-to-counsel right-to-present-defense sixth-amendment Did the Court of Criminal Appeals of Texas err in holding that the trial court did not abuse its discretion and violate Rodriguez's Fourteenth Amendme…
24-557 David Asa Villarreal v. Texas Texas 2024-11-18 Granted Amici (7)Response RequestedResponse WaivedRelisted (3) constitutional-rights criminal-procedure defendant-testimony right-to-counsel sixth-amendment trial-court Whether a trial court abridges the defendant's Sixth Amendment right to counsel by prohibiting the defendant and his counsel from discussing the defen…
24-5982 Benigno Perez-Aguilar v. Jeff Howard, Warden Sixth Circuit 2024-11-15 Denied IFP expert-testimony hearsay ineffective-assistance-of-counsel sixth-amendment trial-court-discretion witness-bolstering Did the trial court abuse its discretion in admitting expert testimony that allegedly bolstered witness testimony, and did trial counsel's errors viol…
24-5973 Osiel Huertas v. United States Fifth Circuit 2024-11-14 Denied Response WaivedIFP almendarez-torres apprendi-rule notice-clause prior-conviction-exception recidivism-enhancement sixth-amendment Whether the prior-conviction exception from Almendarez-Torres can be squared with the text of the Sixth Amendment's Notice Clause and the historical p…
24A481 Ricky D. Ullman, Jr. v. Kentucky Kentucky 2024-11-14 Presumed Complete constitutional-right counsel due-process ineffective-assistance probation-revocation sixth-amendment Whether a criminal defendant's constitutional right to effective assistance of counsel applies to probation revocation hearings and what standard of r…
24-5959 Robert Ellis v. New York New York 2024-11-13 Denied Response WaivedIFP assigned-counsel attorney-client-relationship continuity-of-representation court-discretion indigent-defendant sixth-amendment When counsel has been assigned to represent an indigent defendant, has developed a close working relationship, and faces no obstacles to continuing th…
24-5962 Preston M. Young v. Angela Phams, Warden, et al. Georgia 2024-11-13 Denied IFP criminal-procedure due-process indictment ineffective-assistance prosecutorial-misconduct sixth-amendment Does a defense attorney provide effective assistance of counsel as guaranteed under the Sixth Amendment when he fails to challenge an indictment or pr…
24-5953 Ellva Slaughter v. United States Second Circuit 2024-11-12 Denied IFP circuit-split cross-section-representation discriminatory-intent jury-selection sixth-amendment systematic-exclusion Whether Duren's 'systematic exclusion' prong can be satisfied by proof of consistent underrepresentation or requires evidence of specific discriminato…
24-5943 Travyrus Jerard Stradford v. United States Fifth Circuit 2024-11-08 Denied IFP constitutional-law criminal-sentencing due-process fifth-amendment sixth-amendment statutory-interpretation Whether 18 U.S.C. § 3583(g) violates the Fifth and Sixth Amendments
24-5944 Nathan Reyes v. United States Fifth Circuit 2024-11-08 Denied IFP constitutional-law criminal-sentencing due-process fifth-amendment sixth-amendment statutory-interpretation Whether 18 U.S.C. § 3583(g) violates the Fifth and Sixth Amendments
24A464 Daniel O. Conahan, Jr. v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2024-11-08 Presumed Complete brady-violation certificate-of-appealability eighth-amendment fourteenth-amendment ineffective-assistance sixth-amendment Whether the Sixth, Eighth, and Fourteenth Amendments require a new trial or resentencing where the prosecution withheld material exculpatory evidence …
24-5947 Ismail Salaam v. United States Sixth Circuit 2024-11-08 Denied IFP courtroom-closure judicial-review plain-error sixth-amendment structural-error trial-procedure Whether a structural error during trial automatically warrants reversal even without a contemporaneous objection under plain error review
24-5935 Edward Greeman v. Edward Burnett, Superintendent, Fishkill Correctional Facility Second Circuit 2024-11-07 Denied Response WaivedRelisted (2)IFP brady-violation due-process habeas-corpus judicial-misconduct sixth-amendment warrantless-arrest Whether the warrantless arrest violated due process and whether exculpatory evidence was withheld from the Grand Jury
24A458 Corey Dequan Broome v. James R. Scheibner, Warden Sixth Circuit 2024-11-07 Presumed Complete constitutional-right constructive-denial ineffective-assistance legal-assistance pro-se sixth-amendment Whether the Sixth Amendment requires a finding of constructive denial of counsel when an indigent defendant is denied meaningful legal assistance duri…
24-517 Lance Shockley v. David Vandergriff, Warden Eighth Circuit 2024-11-06 Denied Amici (1)Relisted (6) appellate-review circuit-split habeas-corpus ineffective-assistance sixth-amendment strickland-claim Did the Court of Appeals err in denying petitioner's application to appeal the denial of his Sixth Amendment ineffective assistance of counsel claims?
24-5921 Christopher Koteras v. Daniel Akers, Warden Sixth Circuit 2024-11-06 Denied Response WaivedIFP confrontation-clause criminal-procedure evidentiary-hearing judicial-discretion sixth-amendment witness-communication Whether a victim's advocate's non-verbal communication with a child witness during trial constitutes prejudicial error that violates a defendant's rig…
24-5929 David Mark Fink v. California California 2024-11-06 Denied Response WaivedIFP evidentiary-hearing faretta-right judicial-discretion pro-se-representation sixth-amendment speedy-trial Whether a trial court improperly revoked a defendant's pro se status during an evidentiary hearing and violated Sixth Amendment speedy trial rights
24A457 Tony Lamons Gooch III v. Tennessee Tennessee 2024-11-06 Presumed Complete constitutional-error criminal-procedure ineffective-assistance post-conviction-relief sixth-amendment trial-counsel Whether the Sixth Amendment requires a state court to allow a criminal defendant to fully litigate ineffective assistance of counsel claims when the t…
24-5910 Robert Ward Frazier v. California California 2024-11-05 Denied IFP autonomy-right capital-defendant counsel-objection fundamental-objectives mitigation-defense sixth-amendment Is a capital defendant deprived of their Sixth Amendment autonomy right to determine the fundamental objectives of their defense when appointed counse…
24A448 Christopher Michael Montoya v. Arizona Arizona 2024-11-05 Presumed Complete capital-case for-cause-strike fourteenth-amendment jury-selection sixth-amendment witherspoon-standard Whether the Arizona Supreme Court improperly applied precedent in denying a for-cause challenge to a biased juror in a capital case, thereby violating…
24-5868 William J. Webb, Jr. v. Delaware Delaware 2024-10-30 Denied Response WaivedIFP appellate-review criminal-procedure faretta-hearing pro-se-representation right-to-counsel sixth-amendment Whether the Delaware Supreme Court correctly determined that a criminal defendant forfeited his Sixth Amendment right to counsel when proceeding pro s…
24-5842 Dallas Staden v. Marcus Myers, Warden Fifth Circuit 2024-10-29 Denied IFP fair-trial hybrid-counsel ineffective-assistance pro-se-representation sixth-amendment standby-counsel Whether a pro se defendant's hybrid representation and standby counsel's participation violate the defendant's Sixth Amendment right to counsel and fa…
24-5843 Jerome R. Sueing v. Noah Nagy, Warden Sixth Circuit 2024-10-29 Dismissed Response WaivedIFP constitutional-rights due-process ineffective-assistance prosecutorial-misconduct sixth-amendment trial-procedure Whether the trial court violated Petitioner's due process rights by joining unrelated cases and improperly admitting prejudicial testimony
24-5824 Oscar Alvarado v. Ken Hollibaugh, Superintendent, State Correctional Institution at Somerset, et al. Third Circuit 2024-10-25 Denied IFP certificate-of-appealability confrontation-clause harmless-error ineffective-counsel rule-60b1 sixth-amendment Did the court of appeals commit legal error in denying petitioner's certificate of appealability by finding that a jurist of reason would not debate t…
24-5815 Joseph S. Addison v. Tim Shoop, Warden Sixth Circuit 2024-10-24 Denied Response WaivedIFP constitutional-rights criminal-procedure right-to-counsel self-representation sixth-amendment trial-court-discretion Whether a defendant can be denied their Sixth Amendment right to self-representation when they have clearly and unequivocally invoked such right
24A379 Londell Bond v. Jasen Bohinski, Acting Superintendent, State Correctional Institution at Dallas, et al. Third Circuit 2024-10-22 Presumed Complete constitutional-rights criminal-procedure habeas-corpus ineffective-assistance post-conviction sixth-amendment Whether a criminal defendant's Sixth Amendment right to effective assistance of counsel was violated by counsel's deficient performance during the pos…
24A387 Andrew Thomas Cowhy v. Michigan Michigan 2024-10-22 Presumed Complete alleyne-precedent criminal-sexual-conduct judicial-factfinding jury-trial sentencing-enhancement sixth-amendment Whether judicial fact-finding that increases a criminal sentence beyond the concurrent sentencing guidelines violates the Sixth Amendment right to a j…
24-436 Robert James Rainey v. Colorado Colorado 2024-10-18 Denied Response Waived appointed-counsel constitutional-rights criminal-procedure indigent-defendant right-to-counsel sixth-amendment Whether the Sixth Amendment guarantees an indigent defendant the right to continued representation by appointed counsel equivalent to an affluent defe…
24-5771 Kyle Christopher Zoellner v. City of Arcata, California, et al. Ninth Circuit 2024-10-17 Denied IFP criminal-procedure due-process evidence-tampering fourth-amendment probable-cause sixth-amendment Whether the Ninth Circuit erred in affirming the district court's judgment regarding probable cause for arrest and the constitutional implications of …
24-5775 Timothy Robert Ronk v. Mississippi Mississippi 2024-10-17 Denied IFP constitutional-claim death-penalty expert-testimony ineffective-assistance-of-counsel procedural-rule sixth-amendment Does the failure of death penalty defense counsel to seek funding for an independent expert and not challenge the State's expert testimony constitute …
24-5777 Daniel Loren Jenkins v. Erin Reyes, Superintendent, Two Rivers Correctional Institution Ninth Circuit 2024-10-17 Denied Response WaivedIFP attorney-client-privilege confidentiality constitutional-rights criminal-procedure effective-assistance-of-counsel sixth-amendment Whether Supreme Court precedent establishes an exception to attorney-client confidentiality privilege when defense counsel determines a need to disclo…
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…
24-5747 Elmer Dean Baker v. Indiana Indiana 2024-10-11 Denied Relisted (2)IFP constitutional-rights equal-protection-clause fourteenth-amendment harmless-error non-unanimous-verdict sixth-amendment Whether a State violates the Sixth and Fourteenth Amendments by upholding a criminal conviction obtained through non-unanimous jury verdicts and claim…
24A344 Jermaine Jamaica Campbell, Jr. v. William Gittere, Warden, et al. Ninth Circuit 2024-10-11 Presumed Complete certificate-of-appealability drug-trafficking ineffective-assistance jury-finding sentencing-enhancement sixth-amendment Whether the Sixth Amendment requires a jury to find the specific drug quantity necessary to impose a Level III drug trafficking sentence beyond a reas…
24-5743 Rafael Ernesto Gabriel v. California California 2024-10-10 Denied IFP constitutional-rights ineffective-assistance plea-bargaining procedural-bar sixth-amendment unauthorized-sentence Whether the Sixth Amendment requires advisement of an unauthorized sentence during plea negotiations and whether procedural bars should be precluded f…
24-5725 Jose G. Barajas Gomez v. Daniel W. White, Superintendent, Monroe Correctional Complex Ninth Circuit 2024-10-08 Denied Response WaivedRelisted (2)IFP capital-punishment criminal-procedure ineffective-assistance mitigating-evidence sentencing-phase sixth-amendment Whether the Sixth Amendment right to effective assistance of counsel is violated when counsel fails to investigate or present mitigating evidence duri…
24-5726 William Hudson v. Brian Emig, Warden, et al. Third Circuit 2024-10-08 Denied Response WaivedIFP digital-search fourth-amendment ineffective-assistance sixth-amendment strickland-test warrant-particularity Whether digital searches of entire computer contents violate the Fourth Amendment's particularity requirement and whether ineffective assistance of co…
24A329 Robert Wharton v. Joseph Terra, Superintendent, State Correctional Institution at Phoenix Third Circuit 2024-10-04 Presumed Complete capital-sentencing counsel-performance ineffective-assistance mitigating-evidence prison-behavior sixth-amendment Whether a capital defendant's Sixth Amendment right to effective assistance of counsel is violated when counsel fails to present mitigating evidence o…
24-376 Brennaris Marquis Johnson v. Washington Washington 2024-10-02 Denied fourteenth-amendment jury-finding reasonable-doubt sentencing-guidelines sixth-amendment upward-departure Whether the Sixth and Fourteenth Amendments require a jury to find beyond a reasonable doubt that aggravating facts amount to 'substantial and compell…
24-5691 Antoine Edwards v. Bradley Scott, et al. Fifth Circuit 2024-10-02 Denied IFP constitutional-rights criminal-procedure due-process ineffective-counsel sixth-amendment speedy-trial-act What is the appropriate remedy for a Speedy Trial Act violation under 18 U.S.C.A § 3161 and the Sixth Amendment's constitutional protections?
24-5692 Jamie Patrick Hahn v. Angela Reaves, Warden, et al. Georgia 2024-10-02 Denied Relisted (2)IFP constitutional-review criminal-procedure false-evidence habeas-corpus right-to-counsel sixth-amendment Whether the Georgia Supreme Court improperly denied the petitioner's habeas corpus petition by failing to review false evidence and potential Sixth Am…
24A319 Hugo Rangel-Botello v. Texas Texas 2024-10-02 Presumed Complete counsel-performance criminal-procedure habeas-corpus ineffective-assistance plea-agreement sixth-amendment Whether the Sixth Amendment right to effective assistance of counsel was violated during a plea agreement due to counsel's failure to provide informed…
24A321 Jawan Fortia v. United States Fifth Circuit 2024-10-02 Presumed Complete appointed-counsel criminal-justice-act federal-criminal-procedure indigent-defense right-to-counsel sixth-amendment Whether the Criminal Justice Act's provisions for appointed counsel in federal criminal proceedings adequately protect an indigent defendant's right t…
24-5679 Christopher Michael Sevier v. United States Fifth Circuit 2024-10-01 Denied Response RequestedResponse WaivedRelisted (2)IFP constitutional-law criminal-procedure fifth-amendment sentencing-guidelines sixth-amendment statutory-interpretation Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments?
24-5638 Kareem Swinton v. United States Second Circuit 2024-09-26 Denied Response WaivedIFP co-conspirator-statements constitutional-rights federal-rules-of-evidence fifth-amendment hearsay-testimony sixth-amendment Whether the admission of hearsay testimony from unidentified co-conspirators without knowledge of their identity violates constitutional rights
24-5647 David Rashaun Hamil, Jr. v. Florida Florida 2024-09-26 Denied Response WaivedIFP constitutional-rights criminal-procedure fourteenth-amendment jury-trial sixth-amendment social-science Whether Petitioner was derived of his right, under the Sixth and Fourteenth Amendments, to a trial by a 12 person jury when the defendant is charged w…
24-5610 Harold U. McGhee v. United States Seventh Circuit 2024-09-25 Denied Response WaivedIFP abuse-of-discretion criminal-procedure franks-motion gps-tracker sixth-amendment warrant-affidavit Whether the District Court committed procedural and substantive errors in denying the Franks Motion and related legal challenges
24-5635 Kim Bowers v. Payson City, Utah Utah 2024-09-25 Denied Relisted (2)IFP confrontation-clause criminal-procedure defendant-presence due-process sixth-amendment trial-rights Whether a criminal defendant's right to be physically present during trial can be abridged when the defendant is absent voluntarily after the trial ha…
24-330 Cid C. Franklin v. New York New York 2024-09-24 Denied Amici (1)Response RequestedResponse WaivedRelisted (9) bail-report confrontation-clause criminal-procedure cross-examination sixth-amendment testimonial-statements Whether the Sixth Amendment's Confrontation Clause applies to out-of-court statements admitted as evidence against criminal defendants if the statemen…
24-5628 Angel Landa-Arevalo v. United States Tenth Circuit 2024-09-24 Denied Response WaivedIFP competency constitutional-rights mental-health pre-trial-detention sixth-amendment speedy-trial Was Petitioner's right to a speedy trial violated under the Sixth Amendment and should the trial judge have ordered a mental health evaluation given t…
24-5608 Jason Smith v. United States Seventh Circuit 2024-09-23 Denied Response RequestedResponse WaivedRelisted (2)IFP confrontation-clause constitutional-rights criminal-procedure recognizance-forfeiture sixth-amendment supervised-release Whether the Sixth Amendment right to confront accusers applies to revocations of federal supervised release based on historical understanding of jury …
24-323 Thanquarious R. Calhoun v. Warden, Baldwin State Prison, et al. Eleventh Circuit 2024-09-20 Denied Response WaivedRelisted (2) de-novo-review fifth-amendment habeas-corpus ineffective-assistance jury-trial sixth-amendment Does a federal court's unconditional deference to a state supreme court's purported findings on an essential element of a crime violate a habeas petit…
24-5594 Seldrick Carpenter v. United States Seventh Circuit 2024-09-20 Denied Amici (1)Response RequestedResponse WaivedRelisted (2)IFP article-iii constitutional-rights criminal-procedure jury-trial sixth-amendment supervised-release Whether the Sixth Amendment and Article III create a jury right for federal supervised release revocation proceedings when new crimes are alleged
24-5572 Ramon Lopez-Alvarado v. United States Eleventh Circuit 2024-09-19 Denied Response WaivedIFP appellate-review certificate-of-appealability constitutional-claims due-process ineffective-assistance sixth-amendment Whether the Eleventh Circuit erred in denying Petitioner's Motion for Certificate of Appealability and Appointment of Counsel, and whether multiple co…
24A276 Manuel Enrique Yates v. United States Second Circuit 2024-09-18 Presumed Complete confrontation-clause fourth-amendment pro-se search-and-seizure sixth-amendment venue Whether the Sixth Amendment's Confrontation Clause and Venue Clause, and the Fourth Amendment's prohibition on unreasonable searches and seizures, wer…
24-301 William French Anderson, et ux. v. Commissioner of Internal Revenue Tenth Circuit 2024-09-17 Denied Response Waived business-expenses economic-espionage intellectual-property legal-deductibility sixth-amendment trade-secrets Whether attorney fees incurred in defending against a false criminal claim intended to steal intellectual property are deductible business expenses un…
24-5559 Daniel Salgado-Melendez v. United States Fifth Circuit 2024-09-17 Denied Response WaivedIFP apprendi-doctrine constitutional-interpretation notice-clause prior-conviction-exception sixth-amendment supreme-court-review Whether the Supreme Court should overrule Almendarez-Torres v. United States and reconsider the prior-conviction exception under the Sixth Amendment's…
24A270 David Lesh v. United States Tenth Circuit 2024-09-17 Presumed Complete blanton-precedent constitutional-right criminal-prosecution jury-trial petty-offense sixth-amendment Whether the Sixth Amendment requires a jury trial for petty offenses carrying six months or less imprisonment
24A271 Leonard Contreras Sandoval v. Jamie Miller, Superintendent, Snake River Correctional Institution Ninth Circuit 2024-09-17 Presumed Complete constitutional-violation habeas-corpus ineffective-assistance prejudice-analysis sixth-amendment strickland-standard Whether the Sixth Amendment requires a more nuanced evaluation of prejudice under Strickland v. Washington when assessing ineffective assistance of co…
24-295 Donald Herrington v. Chadwick Dotson, Director, Virginia Department of Corrections Fourth Circuit 2024-09-16 Denied Response Waived circuit-split criminal-procedure fifth-amendment right-to-counsel sixth-amendment waiver-of-counsel Whether the Fourth Circuit erred in holding that a criminal defendant can waive counsel without being fully informed of the charges, potential defense…
24-5547 Clifton Bean v. Florida Florida 2024-09-16 Denied Response WaivedIFP constitutional-rights criminal-trial fourteenth-amendment jury-composition life-sentence sixth-amendment Does the Sixth and Fourteenth Amendments guarantee the right to a twelve-person jury in felony cases with potential life without parole sentences?
24-5543 Jose Luis Sarmiento v. United States Fifth Circuit 2024-09-13 Denied Response WaivedIFP apprendi-doctrine constitutional-interpretation notice-clause prior-conviction-exception sixth-amendment supreme-court-review Whether the Supreme Court should overrule Almendarez-Torres v. United States and reconsider the prior-conviction exception under the Sixth Amendment's…
24-5546 Mario M. Contreras v. United States Eighth Circuit 2024-09-13 Denied Response WaivedIFP habeas-corpus ineffective-assistance jury-strikes medical-testimony sixth-amendment wrongful-conviction Whether a reasonable jurist can conclude counsel's failure to object to jury strikes and exclude exculpatory medical testimony constitutes ineffective…
24-5527 Adrian Mahdee Akram v. James Corrigan, Warden Sixth Circuit 2024-09-12 Denied Response WaivedIFP alibi-defense constitutional-rights ineffective-assistance sixth-amendment strickland-standard trial-counsel Whether Adrian Akram's conviction violated his Sixth Amendment right to effective assistance of counsel under Strickland v. Washington by failing to c…
24-5530 Manuel Larry Jackson v. United States Ninth Circuit 2024-09-12 Denied Response WaivedIFP criminal-procedure due-process evidence-preclusion fifth-amendment percipient-witness sixth-amendment Do the Fifth and Sixth Amendments guarantee a defendant the right to call a percipient witness to nearly the entirety of the Government's evidence pre…
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…
24-271 Jerry Arnold Westrom v. Minnesota Minnesota 2024-09-10 Denied Response Waived confrontation-clause effective-assistance-of-counsel fourth-amendment reasonable-expectation-of-privacy shed-dna sixth-amendment Whether society recognizes a reasonable expectation of privacy in shed DNA under the Fourth Amendment and whether scientific testimony violates confro…
24-5504 Javaid Perwaiz v. United States Fourth Circuit 2024-09-10 Denied Response WaivedIFP adversarial-process cronic-standard ineffective-assistance-of-counsel meaningful-testing sentencing-advocacy sixth-amendment Whether minimal sentencing advocacy that fails to meaningfully challenge the prosecution's sentencing recommendation constitutes a complete denial of …
24-5486 Joel Salcedo v. United States Ninth Circuit 2024-09-09 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process sixth-amendment speedy-trial Whether the petitioner was deprived of his Sixth Amendment right to a speedy trial
24-5487 Michael Ravy v. Louisiana Louisiana 2024-09-09 Denied IFP collateral-attack constitutional-right criminal-proceeding critical-stage due-process sixth-amendment Whether an evidentiary hearing following a collateral attack on a conviction constitutes a critical stage of a criminal proceeding requiring counsel u…
24-5460 Troy L. Fields v. Colorado Colorado 2024-09-05 GVR Response RequestedResponse WaivedRelisted (2)IFP armed-career-criminal-act criminal-sentencing fifth-amendment habitual-criminal prior-convictions sixth-amendment Whether Petitioner's Fifth and Sixth Amendment rights were violated when he was subjected to an increased maximum sentence based on the trial court's …
24-242 In Re Peter K. Stern 2024-09-04 Denied Response WaivedRelisted (2) congressional-intent fifth-amendment judicial-bias prosecutorial-misconduct sixth-amendment subject-matter-jurisdiction Whether the District Court lacked subject matter jurisdiction and whether prosecutorial misconduct and judicial bias warrant reversal of the petitione…
24-5439 Richard Beasley v. Ohio Ohio 2024-09-04 Denied IFP appellate-procedure capital-punishment constitutional-rights due-process fifth-amendment sixth-amendment Whether a criminal defendant's due process rights are violated when a state supreme court dismisses a capital appeal and fails to appoint replacement …
24-5457 Larome Deon Waiters v. United States Eleventh Circuit 2024-09-04 Denied Response WaivedIFP armed-career-criminal-act controlled-substances drug-offense prior-conviction sentencing-enhancement sixth-amendment Whether a Florida controlled substances offense that does not require proof of knowledge of the illicit nature of the substance can qualify as a 'seri…
24-5458 Derrick Courchaine v. California California 2024-09-04 Denied IFP constitutional-rights ineffective-assistance plea-bargaining procedural-bar sixth-amendment unauthorized-sentence Whether the Sixth Amendment requires advisement of an unauthorized sentence during plea negotiations and whether procedural bars should be precluded f…
24A228 Elliot Morales v. New York New York 2024-09-03 Presumed Complete criminal-procedure pro-se-representation right-to-counsel sentencing-exposure sixth-amendment waiver Whether a criminal trial court violates the Sixth Amendment right to self-representation when it fails to inform a defendant of his actual sentencing …
24-5430 Christopher J. Thorpe v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2024-08-30 Denied Response WaivedIFP confrontation-clause criminal-procedure due-process habeas-corpus sexual-battery sixth-amendment Whether the Petitioner's constitutional right of confrontation was violated by the trial court's ruling that the 'door was opened' to a law enforcemen…
24-5431 Jacob Valle v. Florida Florida 2024-08-30 Denied Response WaivedIFP criminal-procedure fourteenth-amendment jury-trial sixth-amendment social-science unanimous-verdict Whether Petitioner was derived of his right, under the Sixth and Fourteenth Amendments, to a trial by a 12-person jury when the defendant is charged w…
24-5411 Mario Chavez v. Carlos Lazarin, Warden, et al. Tenth Circuit 2024-08-28 Denied Response WaivedIFP confrontation-clause constitutional-rights criminal-procedure due-process hearsay-evidence sixth-amendment Whether a criminal defendant's Sixth Amendment confrontation rights are violated when a court admits hearsay evidence through a surrogate witness in v…
24A216 Lance Shockley v. David Vandergriff, Warden Eighth Circuit 2024-08-28 Presumed Complete ineffective-assistance juror-bias jury-misconduct right-to-fair-trial sixth-amendment voir-dire Whether a trial court's refusal to inquire into a juror's potential bias, stemming from a published book with violent vigilante themes, constitutes a …
24-213 Willis Franklin v. California California 2024-08-27 Denied Response Waived client-autonomy counsel-of-choice fourteenth-amendment mccoy-v-louisiana sixth-amendment trial-continuance Was petitioner denied his Sixth and Fourteenth Amendment rights to retained counsel of choice and client autonomy when the trial court failed to conti…
24-5402 Craig Foote v. United States Third Circuit 2024-08-27 Denied Response RequestedResponse WaivedRelisted (2)IFP counsel criminal-procedure ineffective-assistance sixth-amendment Whether the petitioner was denied effective assistance of counsel
24-5377 Douglas Arcia-Hernandez v. United States Fifth Circuit 2024-08-23 Denied Response WaivedIFP almendarez-torres apprendi-rule certiorari prior-conviction-exception sixth-amendment supreme-court-review Whether the Supreme Court should overrule Almendarez-Torres v. United States and reconsider the prior-conviction exception under the Sixth Amendment
24-5380 Leonus Stevenson Peterson v. United States Fourth Circuit 2024-08-23 Denied Response WaivedIFP due-process evidentiary-hearing ineffective-assistance section-2255-motion sentencing-variance sixth-amendment Did the lower courts err in conflating Fifth and Sixth Amendment rights, thereby denying both due process and effective assistance of counsel, when th…
24-5366 Marquise Thomas v. United States Eleventh Circuit 2024-08-22 Denied IFP child-exploitation criminal-punishment jury-determination mandatory-minimum restitution-order sixth-amendment Does the Sixth Amendment require a jury to find the facts needed to justify a restitution order meeting or exceeding the $3,000 mandatory minimum for …
24-5373 Raymond Rodriguez v. California California 2024-08-22 Denied IFP constitutional-rights ineffective-assistance plea-bargaining procedural-bar sixth-amendment unauthorized-sentence Whether the Sixth Amendment requires advisement of an unauthorized sentence during plea negotiations and whether procedural bars should be precluded f…
24A193 Eloy Heraclio Alcala v. Texas Texas 2024-08-22 Presumed Complete confrontation-clause criminal-procedure cross-examination exclusionary-rule motion-to-suppress sixth-amendment Whether the trial court violated the defendant's Sixth Amendment right to confrontation by impeding his ability to cross-examine witnesses and denying…
24-5355 Darius Leigh Gilkey v. Sherman Campbell, Warden Sixth Circuit 2024-08-21 Denied Response WaivedIFP attorney-client-communication due-process ineffective-assistance prejudicial-error right-to-counsel sixth-amendment Whether a breakdown in attorney-client communication constitutes a Sixth Amendment violation of the right to counsel and whether ineffective assistanc…
24-5362 Gumaro Maldonado-Sandoval v. United States Fifth Circuit 2024-08-21 Denied Response WaivedIFP certiorari constitutional-interpretation judicial-precedent prior-conviction-exception sixth-amendment supreme-court-review Whether the Supreme Court should overrule Almendarez-Torres v. United States and reconsider the prior-conviction exception under the Sixth Amendment's…
24-5342 In Re Richard J. Ramsey 2024-08-20 Denied Relisted (2)IFP constitutional-rights court-martial due-process jury-trial sixth-amendment waiver-of-rights Whether waiving jury trial is constitutional under the 6th Amendment when the amendment did not secure trial by jury as an absolute right
24-5347 Devin Allen Bennett v. Mississippi Mississippi 2024-08-20 Denied IFP death-penalty eighth-amendment ineffective-assistance mitigation-evidence sixth-amendment strickland-standard Whether trial counsel's failure to investigate, uncover, and present evidence of defendant's reduced moral culpability may be categorically discounted…
24-5339 Seth Elred Perricone v. United States Fifth Circuit 2024-08-19 Denied Response RequestedResponse WaivedRelisted (2)IFP acquitted-conduct constitutional-rights due-process fifth-amendment sentencing-enhancement sixth-amendment Whether the Fifth and Sixth Amendments prohibit sentencing a defendant based on acquitted conduct
24A185 Derek Don Posey v. Oklahoma Oklahoma 2024-08-19 Presumed Complete capital-punishment eighth-amendment fourteenth-amendment jury-selection sentencing-procedure sixth-amendment Whether the Sixth and Fourteenth Amendments were violated by the improper dismissal of prospective jurors and whether the Eighth and Fourteenth Amendm…
24-164 Aaron York Dean v. Texas Texas 2024-08-15 Denied Response Waived due-process equal-protection fifth-amendment grand-jury-indictment lesser-included-offense sixth-amendment Does Grey v. State violate constitutional due process and equal protection by allowing the State unequal procedural rights in submitting lesser-includ…
24-166 In Re Mawule Tepe 2024-08-15 Denied due-process federal-bar-admission judicial-conflict-of-interest judicial-recusal oath-of-office sixth-amendment Is the case proceeding valid and consistent with due process when courts refuse to recuse judges and disqualify attorneys who lack proper oaths of off…
24A174 Omnisun Azali v. Ohio Ohio 2024-08-14 Presumed Complete burden-of-proof criminal-procedure fourteenth-amendment self-defense sixth-amendment sufficiency-of-evidence Whether the Sixth and Fourteenth Amendments require the State to prove beyond a reasonable doubt that a defendant was not acting in lawful self-defens…
24-5309 Andrew R. Allred v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2024-08-13 Denied IFP criminal-procedure death-penalty ineffective-assistance-of-counsel mental-health-evaluation mitigation-testimony sixth-amendment Whether Mr. Allred's convictions and death sentences are unconstitutional due to receiving ineffective assistance of counsel at his trial in violation…
24-5310 Paul Wagner v. United States Ninth Circuit 2024-08-13 Denied Response WaivedIFP conflict-of-interest criminal-investigation due-process right-to-counsel sixth-amendment trial-attorney Whether a trial attorney's knowledge of a concurrent federal criminal investigation constitutes a disqualifying conflict of interest under the Sixth A…
24-5319 Marlin Lee Gougher v. United States Ninth Circuit 2024-08-13 Denied Response WaivedRelisted (2)IFP constitutional-rights criminal-procedure due-process faretta-colloquy self-representation sixth-amendment Whether a defendant's lucid Faretta colloquy response can preclude their right to self-representation and understanding of charges against them
24A172 Evan Wald v. New York New York 2024-08-13 Presumed Complete autopsy-report confrontation-clause criminal-evidence cross-examination sixth-amendment testimonial-hearsay Whether an autopsy report created during a homicide investigation constitutes 'testimonial' evidence under the Confrontation Clause requiring the oppo…
24A160 George Hall v. United States Fourth Circuit 2024-08-09 Presumed Complete due-process legal-access legal-materials pre-trial-detention right-to-counsel sixth-amendment Whether a criminal defendant's constitutional rights are violated when a district court improperly restricts access to legal materials and law library…
24-5284 Roy E. Terrell v. Florida Florida 2024-08-08 Denied Response WaivedIFP criminal-procedure due-process jury-composition sixth-amendment statutory-amendment trial-rights Whether the trial court erred in instructing the jury on elements of crimes defined by a post-offense statute amendment and whether the defendant was …
24-5251 Keith Vernon Davis v. David Close, Superintendent, State Correctional Institution at Houtzdale Third Circuit 2024-08-07 Denied Relisted (2)IFP counsel-conflict due-process judicial-determination probable-cause property-seizure sixth-amendment Whether an independent judicial determination of probable cause was made prior to entry and seizure of property, and whether the trial court erred in …
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?
24-5227 James W. Johnson v. United States Third Circuit 2024-08-05 Denied Response WaivedIFP criminal-procedure due-process impartial-jury impartiality jury-selection peremptory-challenge racial-bias sixth-amendment Whether a criminal defendant is denied his Due Process and Sixth Amendment right to an impartial jury when the trial court determines that a potential…
24-5230 Victor Vargas v. United States Eleventh Circuit 2024-08-05 Denied Response WaivedIFP clear-error-review constitutional-rights de-novo-review mixed-questions mixed-questions-of-law-and-fact sixth-amendment speedy-trial standard-of-review Whether the Eleventh Circuit's standard of review for Sixth Amendment speedy trial rights that involve 'mixed questions of law and fact' conflicts wit…
24-121 John Won v. United States Second Circuit 2024-08-02 Denied Amici (1) confrontation-clause constitutional-procedure criminal-procedure criminal-trial due-process evidence exceptional-circumstances interest-of-justice sixth-amendment two-way-video video-testimony Whether the Confrontation Clause contains an exception that permits the government to present testimony at a criminal trial by two-way video so long a…
24-5216 Ricky Mendoza v. William Sullivan, Warden Ninth Circuit 2024-08-02 Denied Response WaivedIFP confrontation-clause criminal-procedure cross-examination due-process habeas-corpus habeas-relief harmless-error sixth-amendment witness-testimony Whether the Ninth Circuit erred in denying habeas relief on petitioner's claim that the state trial court deprived him of his Sixth Amendment right to…
24-5189 Brandon Alexander v. Ohio Ohio 2024-07-31 Denied Response WaivedIFP burden-of-proof direct-appeal evidence-admission harmless-error inadmissible-evidence ineffective-assistance-of-counsel prejudice-standard sixth-amendment When a defendant asserts IAC on direct appeal in Ohio for failing to object to inadmissible evidence and is able to demonstrate deficient performance,…
24-5188 Patrick Wilson v. Louisiana Louisiana 2024-07-31 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process fourteenth-amendment jury-trials non-unanimous-jury second-degree-murder sixth-amendment state-courts Whether non-unanimous jury verdicts in state criminal trials violate the Sixth and Fourteenth Amendments of the U.S. Constitution
24-5200 Victor Tavares v. Rhode Island Rhode Island 2024-07-31 Denied Response WaivedIFP constitutional-provisions criminal-procedure double-jeopardy due-process indictment jurisdiction legal-jurisdiction petition sixth-amendment supreme-court writ-of-certiorari Does the case violate the Sixth Amendment Clause of the U.S. Constitution?
24-5171 Jeffrey Wayne Ross v. Edward Bickham, Warden Fifth Circuit 2024-07-30 Denied Relisted (2)IFP constitutional-rights defense-witnesses due-process fair-trial ineffective-assistance ineffective-assistance-of-counsel non-homicide-case self-defense sixth-amendment Whether the trial court and Fifth Circuit erred in finding no ineffective assistance of counsel
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…
24-5160 Duane Leo Ehmer, Darryl William Thorn, and Jake Ryan v. United States Ninth Circuit 2024-07-29 Denied Response RequestedResponse WaivedRelisted (2)IFP criminal-procedure criminal-prosecution ex-parte jury-selection jury-trial petty-offenses presley-v-georgia sixth-amendment structural-error sua-sponte Whether the district court's sua sponte, ex parte, and case-specific excusal of trial jurors for cause constituted reversible structural error?
24-5162 Johnny Ho v. United States Sixth Circuit 2024-07-29 Denied Response WaivedIFP criminal-procedure fair-trial impartial-jury judicial-discretion jury-selection peremptory-challenges sixth-amendment voir-dire Defendant's right to a fair trial by impartial jury
24A100 Brennaris Marquis Johnson v. Washington Washington 2024-07-29 Presumed Complete aggravating-factors criminal-sentencing judicial-discretion jury-trial sentencing-guidelines sixth-amendment Whether a judge's finding of 'substantial and compelling reasons' to impose a sentence above the statutory presumptive range violates a defendant's Si…
24-5166 Nicholas Joseph v. United States Second Circuit 2024-07-29 Denied IFP abuse-of-discretion circuit-split criminal-procedure federal-rules-of-criminal-procedure impartial-jury newly-discovered-evidence sixth-amendment unconscious-bias voir-dire Whether a trial judge must voir dire on implicit or unconscious bias
24A84 Troy L. Fields v. Colorado Colorado 2024-07-26 Presumed Complete criminal-episodes habitual-offender jury-trial prior-convictions sentencing-enhancement sixth-amendment Whether the Sixth Amendment requires a jury, rather than a judge, to determine whether a defendant's prior convictions arose from separate criminal ep…
24A88 Michael Collins Iheme v. Minnesota Minnesota 2024-07-25 Presumed Complete due-process fourteenth-amendment ineffective-assistance judicial-bias postconviction-relief sixth-amendment Whether the Sixth and Fourteenth Amendments require reversal of a criminal conviction due to ineffective assistance of counsel, judicial bias, and all…
24-5123 Angel Sanchez v. Teresa Cisneros, Warden Ninth Circuit 2024-07-23 Denied Response WaivedRelisted (2)IFP calcrim-375 constitutional-rights criminal-procedure due-process effective-assistance-of-counsel fair-trial fifth-amendment fourteenth-amendment prior-acts sixth-amendment Whether petitioner was denied his Sixth and Fourteenth Amendment right to due process and fair trial
24A66 Austin Kyle Lee v. United States Fourth Circuit 2024-07-19 Presumed Complete apprendi-error drug-felony harmless-error jury-trial sentencing-enhancement sixth-amendment Whether an Alleyne or Apprendi error involving a sentencing enhancement should be reviewed under the harmless error standard of Neder or the more stri…
24-5118 Jared Holton Seavey v. Texas Texas 2024-07-19 GVR Response RequestedResponse WaivedRelisted (2)IFP confrontation-clause criminal-procedure due-process expert-testimony medical-examiner precedent remand sixth-amendment Where the State used a surrogate medical examiner to opine as to the cause of death in a murder trial, should the Court GVR this matter in light of th…
24-5119 Stacey Williams, Jr. v. United States Sixth Circuit 2024-07-19 Denied Response WaivedIFP criminal-procedure due-process mandatory-life-sentence mandatory-sentencing sentencing sentencing-enhancement sixth-amendment statutory-interpretation due-process
24-5100 Elmer Dean Baker v. Indiana Indiana 2024-07-18 Denied Response WaivedRelisted (2)IFP due-process fair-trial Fifth-Amendment-due-process Fourteenth-Amendment-due-process juror-misconduct jury-bias pre-trial-publicity sixth-amendment voir-dire Sixth-Amendment-right-to-fair-trial
24-5102 Alexi Hinojosa Matos v. Texas Texas 2024-07-18 Denied IFP appointment-of-counsel criminal-procedure due-process habeas-corpus miscarriage-of-justice prosecutorial-misconduct sixth-amendment trial-counsel writ-application Ineffective-assistance-of-counsel
24-5110 Cristobal Castillo-Velasquez v. United States Fifth Circuit 2024-07-18 Denied Response WaivedIFP almendarez-torres case-law constitutional-interpretation criminal-procedure due-process judicial-discretion legal-precedent precedent-overruling sentencing sixth-amendment supreme-court supreme-court-review Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)?
24-5111 Amadi Sosa v. Massachusetts Massachusetts 2024-07-18 Denied Response WaivedIFP burden-of-proof confrontation-clause constructive-malice cross-examination due-process felony-murder perjury-protocol sixth-amendment winship-fact Due-process-right-to-fair-trial,confrontation-clause,perjury-protocol,felony-murder,burden-of-proof,winship-fact
24-5113 Steven Alexander Mantecon v. Florida Florida 2024-07-18 Denied IFP constitutional-right criminal-defendant criminal-procedure due-process felony felony-offense fourteenth-amendment jury jury-trial sixth-amendment trial-procedure Whether the Sixth Amendment requires a twelve-person jury to try a criminal defendant accused of a felony offense
24-5079 John W. Patton v. Louisiana Louisiana 2024-07-16 Denied Response WaivedIFP actual-innocence confrontation constitutional-rights due-process fair-trial grand-jury impartial-judge judicial-interference perjury pro-se-defendant sixth-amendment stand-by-counsel transcript Due-process
24-5062 Amanda Reynolds v. City of Sandy, Utah Utah 2024-07-12 Denied IFP birchfield-v-north-dakota constitutional-violation due-process exclusionary-rule fifth-amendment first-amendment fourth-amendment implied-consent miranda-rights sixth-amendment standing-mootness-public-interest-doctrine Does Petitioner have standing to challenge the constitutionality of Utah's Implied Consent Statute?
24A38 Cid C. Franklin v. New York New York 2024-07-12 Presumed Complete bail-hearing confrontation-clause criminal-procedure evidence-admission sixth-amendment testimonial-statement Whether a pretrial report prepared by a criminal justice agency employee is a 'testimonial' statement subject to the Sixth Amendment's Confrontation C…
24-5055 Tre'veon Demarcus Anderson v. Louisiana Louisiana 2024-07-11 Denied Response WaivedIFP confrontation-clause constitutional-rights douglas-v-alabama due-process fifth-amendment prosecutorial-misconduct self-incrimination sixth-amendment sixth-and-fourteenth-amendments Whether the defendant's Sixth Amendment right to confrontation was violated when the State elicited testimony from a witness who repeatedly invoked th…
24-25 Mrugeshkumar Kumar Shah v. United States Fifth Circuit 2024-07-10 Denied Response RequestedResponse WaivedRelisted (5) apprendi-rule constitutional-rights criminal-fines criminal-penalty criminal-restitution hester-v-united-states jury-determination sixth-amendment southern-union-co-v-united-states Whether the Sixth Amendment reserves to juries the determination of any fact underlying a criminal restitution order
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…
24-23 Michael Bassem Rimlawi v. United States Fifth Circuit 2024-07-09 Denied Response RequestedResponse WaivedRelisted (5) certiorari confrontation-clause constitutional-error error-based-approach guilt-based-approach harmless-error sixth-amendment Did the court of appeals err in applying the guilt-based approach, rather than the error-based approach, to assess the harmlessness of the confrontati…
24-5029 Jurgen Marku v. Florida Florida 2024-07-09 Denied Response WaivedIFP Bruton-v-United-States Codefendant confrontation-clause criminal-prosecution Cross-Examination Due-Process felony-murder fourteenth-amendment Guilty-Plea sixth-amendment Whether it is a violation of a criminal defendant's Confrontation-Clause
24-5032 Jackson Jacob v. United States Fifth Circuit 2024-07-09 Denied Response RequestedResponse WaivedRelisted (5)IFP anti-kickback-statute criminal private-health-insurers restitution scope sixth-amendment Does the Anti-Kickback Statute extend to services paid for by private health insurers?
24-5033 Jose Domingo Carranza-Rubio v. United States Fifth Circuit 2024-07-09 Denied Response WaivedIFP almendarez-torres case-law constitutional-interpretation criminal-procedure due-process judicial-discretion legal-precedent precedent-overruling sentencing sixth-amendment supreme-court supreme-court-review Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)?
24-5014 Aweis Haji-Mohamed v. United States Sixth Circuit 2024-07-08 Denied Response WaivedIFP circuit-split due-process ineffective-assistance mandatory-minimum plea-bargaining prejudice prejudice-analysis sixth-amendment sixth-circuit-error strickland-standard strickland-v-washington Ineffective-assistance-of-counsel
24-5019 Daniel Salgado v. United States Fifth Circuit 2024-07-08 Denied Response WaivedIFP almendarez-torres apprendi-rule certiorari constitutional-interpretation criminal-procedure-sentencing notice-clause prior-conviction-exception sixth-amendment supreme-court-review Should Almendarez-Torres v. United States be overruled?
23-7840 Douglas Lemon v. Illinois Illinois 2024-07-02 Denied Relisted (2)IFP actual-innocence constitutional-violation disclosure-of-evidence due-process due-process-clause evidence-disclosure fitness-evaluation ineffective-assistance-of-counsel ineffective-counsel sixth-amendment Whether the petitioner's constitutional rights were violated due to lack of a fair fitness evaluation, failure to disclose evidence, ineffective assis…
23-7838 Davit Davitashvili v. United States Third Circuit 2024-07-01 Denied Response WaivedIFP 5th-amendment 6th-amendment constitutional-violations criminal-procedure due-process fifth-amendment mental-health-disclosure miscarriage-of-justice prosecutorial-misconduct sixth-amendment Were there violations of the 5th and 6th Amendments?
23-7805 In Re Enrique Medina 2024-06-28 Denied IFP access-to-court constitutional-law constitutional-rights criminal-procedure due-process exclusionary-rule fourth-amendment jurisdiction search-and-seizure sixth-amendment warrantless-search Whether the petitioner's right to speedy trial was violated
23-7819 LaShonda O'Neill v. United States Fifth Circuit 2024-06-28 Denied Response WaivedIFP abuse-of-discretion alleyne-v-united-states drug-quantities fifth-amendment harmless-error judicial-fact-finding plain-error sentencing-enhancement sixth-amendment Whether the Fifth Circuit Court of Appeals erred in its review of the District Court's fact-finding and sentencing enhancements
23-7821 Noe Rodriguez-Adorno v. United States First Circuit 2024-06-27 Denied Response WaivedIFP communications constitutional-rights criminal-procedure defense-counsel district-court impasse right-to-counsel sixth-amendment supervised-release Should certiorari be granted where defense counsel informed the District Court he and Petitioner were at an impasse, and all communications between th…
23A1151 Devin Allen Bennett v. Mississippi Mississippi 2024-06-25 Presumed Complete capital-sentencing double-edged-sword ineffective-assistance mitigation-evidence sixth-amendment strickland-standard Whether a state court's rejection of an ineffective assistance of counsel claim based on a hypothetical 'residual doubt' strategy and potential 'doubl…
23-7799 Esther Martin v. Indiana Indiana 2024-06-25 Denied Response WaivedIFP competency competency-to-stand-trial counsel-performance due-process effective-assistance-of-counsel ineffective-assistance intellectual-disability post-conviction post-conviction-proceedings sixth-amendment Whether counsel performed deficiently by failing to investigate and challenge an intellectually disabled defendant's competency based on known red fla…
23-7803 Michael Sean Graham v. United States Ninth Circuit 2024-06-25 Denied Response WaivedIFP confrontation confrontation-clause covid-19-restrictions due-process fifth-amendment public-interest sars-cov-2 sixth-amendment trial-procedure Did the Ninth Circuit err in holding that masking trial witnesses did not violate the defendant's due process and confrontation rights?
23-7783 Joseph James Conkling v. Kansas Kansas 2024-06-24 Denied Response RequestedResponse WaivedRelisted (2)IFP apprendi-precedent apprendi-rule blakely-rule blakely-v-washington criminal-sentencing fact-finding jury-determination jury-trial sentencing sixth-amendment unpled-facts Does this Court's decision in Blakely v. Washington establish an 'unpled but admitted facts' exception to the rule set forth in Apprendi v. New Jersey…
23A1145 Percy L. Jacobs v. United States Fourth Circuit 2024-06-24 Presumed Complete competency-to-proceed criminal-procedure faretta-hearing right-to-counsel sixth-amendment waiver-of-counsel Whether a defendant's waiver of the Sixth Amendment right to counsel is invalid if the trial court fails to inquire about the defendant's understandin…
23-7787 Enrique Martinez-Flores v. United States Fifth Circuit 2024-06-24 Denied Response WaivedIFP almendarez-torres apprendi-v-new-jersey constitutional-interpretation criminal-enhancement criminal-procedure historical-analysis notice-clause prior-conviction-exception recidivism sixth-amendment sixth-amendment-notice-clause Can the prior-conviction exception from Almendarez-Torres be squared with the text of the Sixth Amendment's Notice Clause and the historical practices…
23-7789 In Re Glenn A. Holder 2024-06-24 Denied Relisted (2)IFP actual-innocence constitutional-rights due-process due-process-violations fair-trial ineffective-assistance ineffective-assistance-of-counsel sixth-amendment strickland-standard structural-error Wrongful-conviction
23-7774 Pablo Santana Arellano v. United States Fifth Circuit 2024-06-21 Denied IFP co-conspirator-testimony co-conspirators confrontation-clause confrontation-rights criminal-procedure sentencing-agreements sixth-amendment witness-bias Whether defendants may be prohibited from asking cooperating witnesses and former co-conspirators about their sentences and sentencing agreements to e…
23-7778 Davonte Williams-Dorsey v. United States Second Circuit 2024-06-21 Denied Response WaivedIFP criminal-procedure criminal-procedure-due-process-jury-trial-evidence due-process duress-defense fifth-amendment judicial-precedent jury-trial sixth-amendment trial-procedure united-states-v-contento-pancho united-states-v-paul Did the lower courts err in precluding petitioner's duress defense at trial?
23-7766 Charles Edward Luckett v. Robert Neuschmid, Warden Ninth Circuit 2024-06-20 Denied Response WaivedIFP brady-v-maryland burden-of-proof criminal-procedure due-process evidence exclusionary-rule fourteenth-amendment fourth-amendment habeas-corpus sixth-amendment witness Whether the exclusion of evidence related to Luckett's brother's detention inside the crime scene perimeter violated Luckett's Sixth and Fourteenth Am…
23-7768 Leonard Williamson, Jr. v. United States Seventh Circuit 2024-06-20 Denied Response WaivedIFP acquitted-conduct criminal-procedure double-jeopardy due-process fifth-amendment sentencing-guidelines sixth-amendment Whether the Fifth and Sixth Amendments prohibit the district court from considering conduct of which Mr. Williamson was acquitted by the jury when cal…
23-1329 Francisco De Aragon v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2024-06-20 Denied Response Waived aedpa certificate-of-appealability habeas ineffective-assistance-of-counsel sixth-amendment strickland-v-washington Does Strickland require cumulative-effect-of-errors evaluation,does-AEDPA-deference-apply-to-state-court-findings-favorable-to-petitioner,does-actual-…
23-1313 Natin Paul v. The Roy F. and Joann Cole Mitte Foundation Texas 2024-06-18 Denied Amici (1)Response RequestedResponse WaivedRelisted (2) civil-procedure criminal-contempt due-process due-process,criminal-contempt,sixth-amendment,stan habeas-corpus judicial-ethics sixth-amendment Whether a criminal-contempt prosecution by an interested private party violates the Due Process Clause
23-7740 William H. Baker v. Angela Hunsinger-Stuff, Warden Sixth Circuit 2024-06-18 Denied IFP constitutional-rights due-process effective-assistance-of-counsel equal-protection fifth-amendment fourteenth-amendment miscarriage-of-justice procedural-default sixth-amendment Whether the procedural default creates a miscarriage of justice that denies Petitioner his fundamental rights to due-process
23-7746 Robert Brumfield, III v. United States Fifth Circuit 2024-06-18 Denied Response WaivedIFP acquitted-conduct brady-prejudice criminal-procedure due-process fifth-amendment jury-acquittal prosecution-evidence sentencing sentencing-guidelines sixth-amendment Whether courts evaluating Brady prejudice are permitted to ignore a jury's acquittal when evaluating the strength of the prosecution's evidence
23-7724 In Re Shomas T. Winston 2024-06-14 Denied IFP evidentiary-hearing fair-trial fourteenth-amendment impartial-jury juror-misconduct jury-selection sixth-amendment voir-dire Whether a petitioner should be denied an evidentiary hearing to question a juror who failed to disclose information
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?
23-1309 Karnail Singh v. United States Sixth Circuit 2024-06-14 Denied Response Waived breach-of-plea-agreement coram-nobis corum-nobis due-process ineffective-assistance ineffective-assistance-of-counsel plea-agreement relief sixth-amendment Whether the denial of corum nobis relief was erroneous given that Petitioner suffered ineffective assistance of counsel
23-7707 Martin Ochoa-Perez v. United States Fifth Circuit 2024-06-13 Denied Response WaivedIFP almendarez-torres apprendi-rule apprendi-v-new-jersey common-law-history criminal-sentencing notice-clause prior-conviction-exception recidivism sixth-amendment sixth-amendment-notice-clause Whether the prior-conviction exception from Almendarez-Torres can be squared with the text of the Sixth Amendment's Notice Clause and the historical p…
23-7709 Percy Leroy Jacobs v. United States Fourth Circuit 2024-06-13 Denied Response WaivedIFP bradshaw-v-stumpf criminal-penalties due-process right-to-counsel sixth-amendment speedy-trial speedy-trial-act trial-counsel von-moltke-v-gillies waiver whether-defendant-must-understand-elements-of-charged-offenses
23-7711 Philong Nghia Huynh v. J. Lizarraga Ninth Circuit 2024-06-13 Denied Response WaivedIFP confrontation-clause criminal-procedure criminal-trial forensic-nurse sixth-amendment surrogate-nurse surrogate-testimony testimonial-statements testimony Whether the Confrontation Clause of the Sixth Amendment permits the prosecution in a criminal trial to present testimony by a surrogate nurse conveyin…
23-7697 Zachary Kelsey v. Tim Garrett, Warden, et al. Ninth Circuit 2024-06-12 Denied Response WaivedIFP cause-of-death closing-argument criminal-procedure criminal-trial forensic-pathologist forensic-pathology habeas-corpus ineffective-assistance-of-counsel second-degree-murder sixth-amendment Whether Zachary Kelsey was deprived of the effective assistance of counsel
23-7699 Levoyd A. Jones v. Angela Hunsinger-Stuff, Warden Sixth Circuit 2024-06-12 Denied IFP 6th-amendment brady-violation criminal-procedure direct-evidence due-process evidence ineffective-assistance jurisdiction sixth-amendment trial-counsel uncharged-crime witness-impeachment Whether evidence of an uncharged crime can be used as direct evidence
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…
23-7685 Edwin K. Davis v. Florida Florida 2024-06-11 Denied Response WaivedIFP criminal-procedure fourteenth-amendment jury-trial ramos-v-louisiana sixth-amendment williams-v-florida Whether Petitioner was derived of his right, under the Sixth and Fourteenth Amendments, to a trial by a 12-person jury when the defendant is charged w…
23-7673 Aubrey Jiles Stanley, Jr. v. Bryan Morrison, Warden Sixth Circuit 2024-06-10 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct self-defense severance sixth-amendment witness-testimony Was trial counsel ineffective?
23-7661 Muhammad E. Milhouse v. New York City Department of Homeless Services, et al. Second Circuit 2024-06-07 Denied Response WaivedIFP attorney-representation civil-procedure civil-rights criminal-procedure critical-stage due-process representation right-to-counsel sixth-amendment standing victim-rights Question not identified.
23-7663 Sandra Denise Curl, aka Sandra Curl Jacobs, aka Sandra Curl-Jacobs El, aka Minister Sandra El v. United States Fourth Circuit 2024-06-07 Denied Response WaivedIFP criminal-procedure due-process mental-health right-to-counsel sixth-amendment von-moltke-v-gillies waiver waiver-of-counsel Whether a defendant must understand the elements of the charged offenses for a valid waiver of the Sixth Amendment right to trial counsel
23-7672 Andrew Culler v. Ohio Ohio 2024-06-07 Denied IFP confrontation-clause due-process medical-examination sexual-assault sixth-amendment testimonial-hearsay victim-statements The admission of testimonial hearsay violates the Sixth Amendment's Confrontation Clause
23A1090 Victor Vargas v. United States Eleventh Circuit 2024-06-06 Presumed Complete clear-error constitutional-rights drug-distribution post-indictment-delay sixth-amendment speedy-trial Whether the Sixth Amendment speedy trial right requires dismissal of an indictment when there is a 35-month delay between indictment and trial
23-7637 Andres Nixon Gonzales-Catagua, aka Nexon Gonzalez v. United States Eleventh Circuit 2024-06-05 Denied Response WaivedIFP criminal-procedure drug-enforcement drug-interdiction jurisdiction jurisdictional-limit law-enforcement maritime-drug-law maritime-law military-law-enforcement miranda-warnings sixth-amendment Whether the jurisdictional limit in the Maritime Drug Law Enforcement Act relates to legislative reach or subject matter jurisdiction
23-7615 Randall Crater v. United States First Circuit 2024-06-03 Denied Response WaivedIFP compulsory-process criminal-procedure fair-trial sixth-amendment structural-error touhy-regulations trial-subpoenas witness-testimony Whether the district court's decision to quash three trial subpoenas because defendant did not comply with Touhy regulations violated defendant's Sixt…
23-7620 Donald Kie, Jr. v. Garrett, Warden Ninth Circuit 2024-06-03 Denied IFP certificate-of-appealability criminal-conviction due-process fair-trial ineffective-assistance ineffective-assistance-of-counsel ninth-circuit plea-bargaining sixth-amendment sufficiency-of-evidence sufficient-evidence Did the Ninth Circuit Court of Appeals err in denying a Certificate of Appealability
23-7623 Estephen Castellon v. Ohio Ohio 2024-06-03 Denied IFP criminal-procedure discovery due-process evidence-preservation exculpatory-evidence law-enforcement sixth-amendment speedy-trial warrant-execution Whether the failure to preserve potentially exculpatory evidence under the Trombetta and Youngblood standards, coupled with delays in trial proceeding…
23-7610 David K. Horsley v. Ohio Ohio 2024-05-31 Denied Relisted (2)IFP 6th-amendment anders-review appellate-procedure constitutional-violation due-process procedural-safeguards right-to-counsel sixth-amendment stare-decisis time-limit Does Ohio's App. R. 26(B)(1) violate the 6th Amendment by applying a time limit to reopen an appeal when an applicant has proven counsel error in not …
23A1069 Michael Bassem Rimlawi v. United States Fifth Circuit 2024-05-30 Presumed Complete bruton-rule codefendant-statement confrontation-clause constitutional-error harmless-error sixth-amendment Whether a constitutional error in admitting a nontestifying codefendant's statement can be deemed harmless beyond a reasonable doubt under the Sixth A…
23-7588 Ruben Mendezsales v. Florida Florida 2024-05-29 Denied IFP 14th-amendment 6th-amendment constitutional-rights criminal-procedure felony felony-charges fourteenth-amendment jury-trial overrule sixth-amendment williams-v-florida Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony?
23-7564 Ricky T. Jackson v. United States Sixth Circuit 2024-05-28 Denied Response WaivedIFP confidential-informant criminal-procedure criminal-sentencing double-hearsay due-process evidentiary-sufficiency sentencing sentencing-enhancement sixth-amendment sixth-circuit Whether the Sixth Circuit's determination that uncorroborated and unreliable double hearsay statements of an unreliable confidential informant was suf…
23-7566 Brendon Tyre Garner v. United States Fourth Circuit 2024-05-28 Denied Response WaivedIFP 5th-amendment 6th-amendment acquitted-conduct criminal-procedure due-process fifth-amendment sentencing sentencing-guidelines sixth-amendment Whether the Fifth and Sixth Amendments prohibit a federal court from basing a criminal defendant's sentence on conduct for which a jury has acquitted …
23-7569 Raymond Woodley v. North Carolina North Carolina 2024-05-28 Denied Response WaivedIFP conflict-of-interest criminal-procedure due-process ineffective-assistance multiple-representation sixth-amendment strickland-prejudice strickland-standard sullivan-standard trial-court When counsel alerts the trial court to a conflict of interest not involving multiple representation, and the trial court fails to resolve the conflict…
23A1057 Mrugeshkumar Kumar Shah v. United States Fifth Circuit 2024-05-28 Presumed Complete anti-kickback-statute constitutional-fact-finding criminal-restitution healthcare-conspiracy jury-determination sixth-amendment Whether the Sixth Amendment requires a jury to find facts supporting the amount of criminal restitution beyond a reasonable doubt
23-1241 Jeffrey Fay Pike v. United States Fifth Circuit 2024-05-24 Denied Response Waived conflict-of-interest counsel-of-choice disqualification due-process ex-parte ex-parte-proceeding fifth-amendment prosecution-witness right-to-counsel sixth-amendment Does it deny a defendant due process of law to disqualify trial counsel based on a purported conflict of interest following the ex parte consideration…
23A1048 Quentin Veneno, Jr. v. United States Tenth Circuit 2024-05-23 Presumed Complete covid-19 criminal-procedure preservation public-trial right-to-access sixth-amendment Whether a criminal defendant must object at the start of trial to preserve a Sixth Amendment challenge to a court's restrictions on public access to j…
23A1049 Meko R. Walker v. United States Fifth Circuit 2024-05-23 Presumed Complete constitutional-rights criminal-procedure ineffective-assistance right-to-testify sixth-amendment trial-counsel Whether a criminal defendant's Sixth Amendment right to effective assistance of counsel is violated when trial counsel fails to inform the defendant o…
23-7521 Keith Lamar Rodgers v. Florida Florida 2024-05-21 Denied Response WaivedIFP constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition jury-trial sixth-amendment Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony?
23-7528 Aaron Matthew Rentfrow v. United States Fifth Circuit 2024-05-21 Denied Response WaivedIFP criminal-procedure evidence fair-trial juror-misconduct jury-misconduct prosecutorial-conduct prosecutorial-misconduct sixth-amendment trial-procedure witness-testimony Whether the district court erred in failing to grant a mistrial
23-7516 Anthony Roy Spain v. Oklahoma Oklahoma 2024-05-20 Denied IFP creek-nation criminal-procedure direct-appeal flores-ortega ineffective-assistance ineffective-assistance-of-counsel jurisdiction mcgirt-decision mcgirt-v-oklahoma sixth-amendment Were trial counsel ineffective for failing to consult with Mr. Spain about taking a direct appeal from his conviction, where doing so would not have b…
23-7503 Christopher Michael Bullins Croce v. Florida Florida 2024-05-17 Denied Response WaivedIFP 14th-amendment 6th-amendment constitutional-rights criminal-procedure due-process felony first-amendment fourteenth-amendment jury-trial sixth-amendment stalking-statute Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony?
23-7496 In Re Olamide O. Bello 2024-05-16 Denied IFP access-to-court access-to-courts constitutional-rights criminal-procedure due-process exculpatory-evidence ineffective-assistance-of-counsel prosecutorial-misconduct sixth-amendment speedy-trial-act standing Whether the failure of the counsel to pursue an appeal or motion the petitioner would have otherwise pursued violate the Sixth Amendment prejudice the…
23-1218 Alfredo Navarro Hinojosa v. United States Fifth Circuit 2024-05-16 Denied Response Waived burden-of-proof circuit-split direct-appeal evidentiary-hearing harmless-error ineffective-assistance kotteakos-v-united-states preserved-nonconstitutional-errors sixth-amendment sufficiency-of-evidence Does the Fifth Circuit's harmless-error standard conflict with this Court's harmless-error standard?
23-7488 Jose Eliso Zavala v. Texas Texas 2024-05-15 Denied IFP 14th-amendment 6th-amendment actual-bias constitutional-rights fair-trial fourteenth-amendment impartial-jury juror-bias prejudice sixth-amendment structural-error Whether the petitioner was deprived of his constitutional rights to a fair and impartial trial
23-7467 Joseph Thomas Saari v. Kris Rish, Warden Eighth Circuit 2024-05-14 Denied Response WaivedIFP aedpa certificate-of-appealability constitutional-error first-amendment mootness retroactivity right-to-jury-trial sixth-amendment Question not identified
23-7472 Torrie Chermaine Austin v. Florida Florida 2024-05-14 Denied Response WaivedIFP constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition jury-trial sixth-amendment Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony?
23-7458 In Re Michael David Hower 2024-05-13 Dismissed Response WaivedIFP acquitted-charge acquitted-conduct criminal-procedure due-process evidentiary-hearing habeas-corpus jury-trial section-2255 sentencing sentencing-enhancement sixth-amendment Did the courts below commit reversible error in denying petitioner's 2255 motion without an evidentiary hearing?
23-7460 William Burton v. Brian Emig, Warden, et al. Third Circuit 2024-05-13 Denied IFP criminal-procedure effective-assistance-of-counsel evidentiary-stipulation fourteenth-amendment ineffective-assistance-of-counsel mccoy-v-louisiana plea-rights sixth-amendment strickland-standard Was Petitioner's Sixth and Fourteenth Amendment right to effective assistance of counsel violated?
23-7427 Alton Pelichet v. Fredeane Artis, Warden Sixth Circuit 2024-05-09 Denied Response WaivedIFP certificate-of-appealability due-process equal-protection fair-trial fourteenth-amendment sixth-amendment Whether the petitioner's rights to a fair trial, due process, and equal protection were violated
23-7425 Orlando Bell v. United States District of Columbia 2024-05-08 Denied Response WaivedIFP compulsory-process conflict-of-interest criminal-procedure due-process effective-assistance-of-counsel ineffective-assistance right-to-counsel sixth-amendment Was counsel ineffective in not using compulsory process for obtaining witnesses in the movant's favor?
23-7406 Bobby Rouse v. United States Fifth Circuit 2024-05-07 Denied Response WaivedIFP constitutional-rights criminal-defense criminal-procedure due-process effective-assistance-of-counsel equal-protection ineffective-assistance-of-counsel pro-se pro-se-representation sixth-amendment Is it a violation of appellant's Sixth Amendment constitutional rights for defense counsel to refuse to investigate the evidence and interview witness…
23-7409 Fernando Ramirez v. New York New York 2024-05-07 Denied Response WaivedIFP constitutional-right criminal-procedure demeanor-observation due-process fair-trial impartiality jury-selection right-to-counsel sixth-amendment voir-dire Whether the Constitution requires that a defendant have a simultaneous, unobstructed view of a prospective juror's facial expression to observe their …
23-7387 Justin Luis Sanchez v. Florida Florida 2024-05-06 Denied Response WaivedIFP constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition sixth-amendment trial-by-jury Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony?
23-1194 Erik Hentzen v. United States Sixth Circuit 2024-05-06 Denied Response Waived appeal appellate-review child-pornography harmless-error ineffective-assistance ineffective-assistance-of-counsel prejudice-prong sixth-amendment strickland-standard strickland-v-washington Can Strickland v. Washington's 'prejudice prong' be satisfied by a showing that constitutionally inadequate representation at the trial-court level ac…
23-7374 David Allen v. United States Sixth Circuit 2024-05-03 Denied Response WaivedIFP cell-phone commerce-clause constitutional-interpretation original-meaning sixth-amendment sixth-circuit speedy-trial statutory-interpretation substantial-effects-test supreme-court-precedent Whether the broad rule adopted by the Sixth Circuit, that the Commerce Clause gives congress the power to regulate all conduct incidentally using a ce…
23-7379 Michael Hebert v. Tim Hooper, Warden Fifth Circuit 2024-05-03 Denied Response WaivedIFP brady-violation constitutional-violations due-process evidence evidence-contamination fifth-amendment fourteenth-amendment ineffective-assistance prosecutorial-misconduct sixth-amendment Whether the lower court erred in denying COA on the claim of prosecutorial misconduct
23A983 Robert Brumfield, III v. United States Fifth Circuit 2024-05-03 Presumed Complete acquitted-conduct brady-violation criminal-procedure fifth-amendment sentencing-enhancement sixth-amendment Whether the Fifth and Sixth Amendments prohibit a federal court from enhancing a criminal defendant's sentence based on acquitted conduct that could c…
23-7372 Meghan Kelly v. Disciplinary Counsel Patricia B. Swartz, et al. Third Circuit 2024-05-02 Denied Relisted (2)IFP civil-procedure civil-rights constitutional-rights disciplinary-proceedings due-process fifth-amendment first-amendment free-speech judicial-discretion professional-disciplinary-proceedings sixth-amendment standing Question not identified
23A972 Benjamin Biancofiori v. United States Seventh Circuit 2024-05-01 Presumed Complete confrontation-clause criminal-procedure evidence-admissibility hearsay-exception sex-trafficking sixth-amendment Whether the Sixth Amendment permits the admission of out-of-court narrative evidence describing a defendant's alleged criminal acts against non-testif…
23-1181 Gail M. Ritchey v. Ohio Ohio 2024-05-01 Denied Amici (1) autopsy-report confrontation-clause criminal-investigation criminal-procedure evidence hearsay-evidence medical-examiner medical-examiner-testimony sixth-amendment Does the admission of an autopsy report and testimony from a doctor who neither participated in the autopsy nor prepared the report violate the Sixth …
23-7329 Alrick Brown v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2024-04-29 Denied Response WaivedIFP 5th-amendment 6th-amendment constitutional-rights due-process fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel premeditated-murder self-defense sixth-amendment whether-a-state-criminal-appellant-has-constitutional-right-to-fair-trial
23-7332 Angel De Jesus Castillo-Godoy v. United States First Circuit 2024-04-29 Denied Response WaivedIFP appeal-waiver burden-of-proof criminal-procedure due-process fifth-amendment government-defense jurisdiction opening-brief reply-brief sixth-amendment Whether a criminal defendant must raise the issue of an appeal waiver in his opening brief or whether it falls upon the government to raise the waiver…
23-7312 James Bennett v. United States Eighth Circuit 2024-04-26 Denied Response WaivedIFP acquitted-conduct criminal-procedure due-process fifth-amendment sentencing sixth-amendment Whether consideration of acquitted conduct by the District Court in consideration of Bennett's ultimate sentence violates the Due Process Clause of th…
23-7322 Gabriel Paul Hall v. Texas Texas 2024-04-26 Denied IFP attorney-conduct capital-appointments capital-punishment due-process fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel pecuniary-incentive sixth-amendment state-statute Whether a state statute that makes an attorney ineligible for future capital appointments if found to be ineffective creates a pecuniary incentive for…
23-7306 Ronnie Y. Conrad v. Rob St. Andre, Warden Ninth Circuit 2024-04-25 Denied IFP 6th-amendment conflict-of-interest criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel presumption-of-prejudice prosecutorial-misconduct retroactivity sixth-amendment Whether the presumption of prejudice applies to conflict-of-counsel claims when the defense attorney is being prosecuted by the same agency prosecutin…
23-1145 Ojin Kim v. United States Fifth Circuit 2024-04-22 Denied Response Waived case-or-controversy criminal-conviction deportation deportation-consequences federal-jurisdiction habeas immigration-consequences ineffective-assistance post-conviction-relief sixth-amendment standing strickland-standard Whether the real threat of deportation as a result of a federal criminal conviction establishes standing and a real case in controversy for federal co…
23-7265 Nicholas Stewart Hines v. South Dakota South Dakota 2024-04-19 Denied Response WaivedIFP criminal-procedure double-jeopardy due-process fourteenth-amendment plea-agreement plea-bargaining sentencing sentencing-considerations sixth-amendment Whether acquitted conduct or dismissed conduct pursuant to a plea can be argued and considered at sentencing
23-7266 Nathaniel O. Robinson v. Louisiana Louisiana 2024-04-19 Denied Response WaivedIFP constitutional-rights criminal-procedure direct-review fourteenth-amendment griffin-v-kentucky jury-unanimity ramos-v-louisiana sixth-amendment state-proceedings Whether a conviction can be obtained, in light of Ramos v. Louisiana holding that the Sixth Amendment requires a unanimous jury to convict, when the r…
23-7272 Matthew Michael Albritton v. Florida Florida 2024-04-19 Denied Response WaivedIFP constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition jury-trial sixth-amendment Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony?
23-7276 Robert Dwayne Smith v. Amy Robey, Warden Sixth Circuit 2024-04-19 Denied Response WaivedIFP fifth-amendment fourteenth-amendment habeas-corpus ineffective-assistance-of-counsel procedural-default sixth-amendment sixth-circuit Did the court of appeals erroneously deny petitioner's habeas corpus petition due to procedural default without reviewing the record and basing its de…
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…
23-7244 Clarence F. Stephenson v. Florida Florida 2024-04-17 Denied Response WaivedIFP constitutional-law constitutional-rights criminal-procedure criminal-trial fourteenth-amendment jury-composition jury-trial life-felony sixth-amendment Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a twelve-person jury when the defendant is charged with a life felony?
23-7245 Dustin Jay Harpel v. Florida Florida 2024-04-17 Denied Response WaivedIFP constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition jury-trial sixth-amendment Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony?
23-7246 Harold Stewart v. Florida Florida 2024-04-17 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process felony felony-charge fourteenth-amendment jury-trial sixth-amendment Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony?
23-7248 Hector Negron-Espada v. Florida Florida 2024-04-17 Denied IFP constitutional-rights criminal-procedure due-process felony felony-charges fourteenth-amendment jury-trial sixth-amendment Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony?
23-7232 Quotez Tyvick Pair v. United States Fourth Circuit 2024-04-16 Denied Response WaivedIFP civil-rights constitution constitutional-rights covid-19 district-court due-process federal-courts judicial-procedure pandemic-restrictions sixth-amendment speedy-trial Can a United States District Court's general order suspend rights under the Constitution of the United States of America?
23-7238 Richard Lee Devito v. United States Sixth Circuit 2024-04-16 Denied Response WaivedIFP certificate-of-appealability circuit-court duty-to-investigate habeas-corpus ineffective-assistance-of-counsel miller-el miller-el-standard panel-rehearing sixth-amendment sixth-circuit-law strickland strickland-ineffective-assistance Did the Circuit Court exceed the threshold inquiry as prescribed in Miller-El?
23-7239 Bertrand Laidler, Jr. v. Florida Florida 2024-04-16 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process felony felony-charges fourteenth-amendment jury-trial sixth-amendment trial-by-jury Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony?
23-7227 Richard Lee Tabler v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2024-04-15 Denied Amici (1)IFP agency-relationship habeas-corpus ineffective-assistance ineffective-assistance-of-counsel maples-v-thomas martinez-v-ryan procedural-default sixth-amendment state-post-conviction Where counsel's renunciation of representation leads to a procedural default in state post-conviction proceedings that provide the initial opportunity…
23-7185 Lawrence Northern v. Lizzie Tegels, Warden Wisconsin 2024-04-10 Denied Response WaivedIFP appellate-procedure counsel-of-choice direct-appeal due-process ineffective-assistance ineffective-assistance-of-counsel right-to-counsel sixth-amendment state-v-machner strickland-standard strickland-v-washington Question not identified.
23-7196 Adam Carson v. United States Sixth Circuit 2024-04-10 Denied Response WaivedRelisted (2)IFP constitutional-rights first-impression ineffective-assistance ineffective-assistance-of-counsel lafler-v-cooper missouri-v-frye plea-bargaining plea-offer sentencing-reduction sixth-amendment Whether the panel's opinion violated the defendant's Sixth Amendment right by failing to accept the government's plea proposal
23A907 Wilfred H. v. Josh Ward, Interim Superintendent, Mount Olive Correctional Complex West Virginia 2024-04-10 Presumed Complete carbon-copy-indictment constitutional-protections criminal-procedure double-jeopardy due-process sixth-amendment Whether a state violates a defendant's due process and double jeopardy rights by charging and convicting a defendant on multiple, identically worded c…
23-7187 Leslie Galloway, III v. Mississippi Mississippi 2024-04-09 Denied IFP constitutional-rights criminal-defense death-penalty ineffective-assistance ineffective-assistance-of-counsel investigation-standard mitigation post-hoc-strategy post-traumatic-stress-disorder procedural-history sixth-amendment whether-post-hoc-speculation-about-strategy-can-excuse-a-failure-to-conduct-reasonable-investigation
23-1096 William Allen Davis v. Colorado Colorado 2024-04-09 Denied Amici (1)Response RequestedResponse WaivedRelisted (3) affluent-defendants appointed-counsel constitutional-rights continuity-of-representation criminal-procedure indigent-defendant indigent-defendants lower-court-split right-to-counsel sixth-amendment Whether indigent defendants have the same Sixth Amendment right to continuity of counsel as affluent defendants
23-1091 Call-A-Head Portable Toilets, Inc., et al. v. New York State Department of Environmental Conservation, et al. New York 2024-04-08 Denied Response Waived administrative-law administrative-proceeding confrontation-clause criminal-procedure due-process evidence sixth-amendment witness-testimony Do the accused in State administrative proceedings have a Sixth Amendment right to confront and cross-examine witnesses whose written testimony serves…
23-7162 James Hodge v. Florida Florida 2024-04-08 Denied Response WaivedIFP constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition jury-trial sixth-amendment Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony?
23-7150 Elana Gordon v. Massachusetts Massachusetts 2024-04-05 GVR Response RequestedResponse WaivedRelisted (4)IFP confrontation-clause criminal-procedure criminal-trial expert-testimony expert-witness forensic-evidence forensic-testimony right-to-counsel sixth-amendment trial-counsel Whether the Confrontation Clause permits the prosecution to present testimony by a substitute forensic expert conveying testimonial statements of a no…
23A889 Walter Taylor, III v. Vermont Vermont 2024-04-05 Presumed Complete constitutional-rights criminal-defense fourteenth-amendment impartial-jury jury-instruction sixth-amendment Whether a criminal defendant is entitled to a jury instruction on a valid defense theory when there is sufficient evidence to support such an instruct…
23A876 Brian J. Dorsey v. David Vandergriff, Warden Missouri 2024-04-02 Denied capital-case conflict-of-interest effective-assistance flat-fee-contract ineffective-counsel sixth-amendment Whether a capital defendant's appointed counsel's flat-fee contract constitutes an actual conflict of interest that warrants a presumption of prejudic…
23-7124 Naftali Dominguez Zenon v. Florida Florida 2024-04-02 Denied Response WaivedIFP constitutional-law constitutional-rights criminal-procedure eighth-amendment fourteenth-amendment jury-composition jury-trial life-felony life-without-parole sixth-amendment Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a twelve-person jury when the defendant is charged with a life felony?
23-7094 Tyshawn Shepard v. Ohio Ohio 2024-03-28 Denied IFP administrative-agency administrative-extension criminal-sentencing due-process incarceration incarceration-findings jury-trial post-conviction sentencing sixth-amendment Does the Sixth Amendment's guarantee of a right to trial by jury allow prison administrators to use their own post-conviction factual findings as the …
23-7084 Gregory S. Kudla v. Kenneth Black, Warden Sixth Circuit 2024-03-27 Denied Response WaivedIFP appellate-procedure arbitrary-enforcement constitutional-vagueness discriminatory-enforcement due-process effective-assistance-of-counsel fourteenth-amendment sixth-amendment vagueness Is the undefined, non-specific, ambiguous language used in Ohio's App-R.26(B)(2)(c) that results in arbitrary, inconsistent, and discriminatory enforc…
23-7087 Natasha Bates, aka Tasha Bates v. Tennessee Tennessee 2024-03-27 Denied IFP 4th-amendment 6th-amendment criminal-procedure evidence fourth-amendment ineffective-assistance ineffective-assistance-of-counsel probable-cause search-warrant sixth-amendment Did the trial court commit reversible error by failing to grant Petitioner's post conviction relief due to introduction of evidence from a warrantless…
23-7078 Jeffery Wayne Taylor v. United States Eighth Circuit 2024-03-26 Denied Response WaivedIFP confrontation-clause criminal-procedure criminal-trial cross-examination due-process evidence first-step-act out-of-court-statements sixth-amendment Is it a violation of the Confrontation Clause when an out-of-court statement connecting the defendant to the crime is admitted during trial, making it…
23-1055 Jeremy Alan Douglass v. Arizona Arizona 2024-03-26 Denied Response Waived criminal-procedure ineffective-assistance ineffective-assistance-of-counsel newly-discovered-evidence post-conviction-relief right-to-counsel sixth-amendment substance-abuse Whether evidence of a defense attorney's impairment due to substance abuse discovered after the first petition for post-conviction relief was decided …
23-1048 Michael Kellywood v. Ryan Thornell, Director, Arizona Department of Corrections, Rehabilitation and Reentry Ninth Circuit 2024-03-22 Denied Response Waived counseling-records due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel medical-records sixth-amendment trial-counsel Whether the denial of Mr. Kellywood's writ of habeas corpus regarding ineffective representation of trial counsel when failing to sufficiently researc…
23-7044 Melanie A. Ogle v. Hocking County Common Pleas Court, et al. Ohio 2024-03-22 Denied Response WaivedIFP constitutional-authority criminal-procedure criminal-sentencing due-process personal-jurisdiction right-to-counsel sixth-amendment subject-matter-jurisdiction void-conviction Absence-of-counsel,Sixth-Amendment,Sentencing,Personal-jurisdiction,Subject-matter-jurisdiction,Void-sentence
23-7057 Sammy Tinnin v. Indiana Indiana 2024-03-22 Dismissed Response WaivedIFP criminal-procedure due-process evidence fair-trial fourteenth-amendment sixth-amendment Whether the admission of evidence that is not supported by the record deprives a defendant of their Sixth and Fourteenth Amendment right to a fair tri…
23-7059 Alissa Peterson v. Jackson County Department of Health and Human Services, et al. Michigan 2024-03-22 Denied IFP civil-rights due-process edwards-v-arizona fair-trial fourteenth-amendment gideon-v-wainwright res-judicata screws-v-united-states sixth-amendment Where CPS investigators and Judge Diane Rappleye violate the rules announced in Doe v. Doe, where Prosecution and Appointed legal counsel of Ms Peters…
23-7062 Clark D. Thomas v. McKendley Newton, Warden, et al. Fourth Circuit 2024-03-22 Denied Response WaivedIFP actual-innocence certificate-of-appealability discovery-and-counsel-denial double-jeopardy due-process equitable-tolling fourteenth-amendment habeas-corpus ineffective-assistance-of-counsel sixth-amendment Whether the Fourth Circuit erred in denying a certificate of appealability
23-7050 David Phillip Ryan v. Florida Florida 2024-03-21 Denied Response WaivedIFP civil-procedure constitutional-interpretation criminal-procedure due-process fourteenth-amendment jury jury-composition jury-trial sixth-amendment standing Whether the jury guaranteed by the Sixth and Fourteenth Amendments is a 12-person jury?
23-7051 Loren J. Larson, Jr. v. Joe Schmidt, Commissioner, Alaska Department of Corrections, et al. Alaska 2024-03-21 Dismissed Response WaivedIFP appellate-review due-process fair-trial fourteenth-amendment judicial-bias sixth-amendment state-court-of-appeals structural-error systemic-bias Does a systemic appearance of bias from a State court of appeals create structural error to a defendant's Sixth Amendment guarantee to a fair trial?
23-1043 Amir Anariba v. California California 2024-03-21 Denied Response Waived arbitrary-rules compulsory-process criminal-defense due-process evidence-rules holmes-v-south-carolina right-to-present-defense sixth-amendment subpoena-duces-tecum united-states-v-nixon May a state court assume the truth of the prosecution's evidence in deciding whether the accused has established a 'plausible justification' in suppor…
23-1036 Robert John Dodd v. Chadwick Dotson, Director, Virginia Department of Corrections Fourth Circuit 2024-03-19 Denied constitutional-violation criminal-indictment criminal-procedure double-jeopardy due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sixth-amendment trial-counsel Whether trial counsel was ineffective for failing to object on Double Jeopardy grounds to nine identical carbon copy indictments
23-1015 Norman Seabrook v. United States Second Circuit 2024-03-15 Denied Response Waived 28-usc-2255 habeas-corpus habeas-law ineffective-assistance judicial-recusal light-most-favorable notice-and-hearing procedural-due-process sixth-amendment sua-sponte sua-sponte-dismissal Did the District Court's sua sponte denial of Petitioner's habeas petition alleging ineffectiveness of trial counsel violate habeas procedural law?
23-6983 Christopher James Michelotti v. Austin Knudsen, Attorney General of Montana Ninth Circuit 2024-03-15 Denied Response WaivedIFP 5th-amendment brady-v-maryland civil-rights conflict-of-interest constitutional-rights criminal-procedure due-process ineffective-assistance jury-trial prejudicial-evidence sixth-amendment Were Christopher Mh cheloth's 5th amendment constitutional rights violated?
23-6991 Spencer P. Peace v. Wisconsin Wisconsin 2024-03-15 Denied Response WaivedIFP common-law constitutional-law constitutional-rights criminal-procedure due-process judicial-precedent sixth-amendment speedy-trial Should this Court overturn Barker v. Wingo?
23-6999 Ronald Monique Best v. Chadwick Dotson, Director, Virginia Department of Corrections Fourth Circuit 2024-03-15 Denied IFP constitutional-rights counsel-effectiveness criminal-procedure defendant-representation due-process effective-assistance-of-counsel jury-trial plea-bargaining right-to-counsel sixth-amendment trial-strategy Is it permissible for counsel to unilaterally concede the actual charge act of the offense when guilt and punishment is the sole issue for the jury?
23-7000 Jereme Lee Escobedo v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2024-03-15 Denied IFP constitutional-rights criminal-procedure due-process effective-assistance-of-counsel equal-protection fifth-circuit-review ineffective-assistance-of-counsel jury-bias sex-crimes sixth-amendment Does a criminal defendant charged with sex-crimes have the same Constitutional rights as a defendant charged with non-sex-crimes?
23-6980 Matthew Murphy v. United States First Circuit 2024-03-15 Denied Response WaivedIFP bias constitutional-rights fourteenth-amendment guilty-plea prosecutorial-bias recusal sixth-amendment structural-error whether-this-court-should-grant-this-petition
23-6975 D'Amantae Graham v. Ohio Ohio 2024-03-13 Denied IFP constitutional-rights criminal-defendant criminal-procedure due-process pro-se-representation self-representation sixth-amendment sovereign-citizen trial-court Can a trial court deny a criminal defendant the right to self-representation solely because he was designated a sovereign citizen?
23-6979 Kyston Ivory v. United States Fifth Circuit 2024-03-13 Denied Response WaivedIFP constitutional-challenge criminal-procedure criminal-sentencing due-process mandatory-revocation sentencing sixth-amendment statutory-interpretation united-states-v-haymond Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments?
23-6963 James Deon Bryant, Jr. v. Florida Florida 2024-03-12 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process felony felony-charges fourteenth-amendment jury-trial sixth-amendment Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony?
23-6966 Alison Lee Gendreau v. United States Ninth Circuit 2024-03-12 Denied Response RequestedResponse WaivedRelisted (2)IFP criminal-restitution fifth-amendment grand-jury grand-jury-right jury-trial proof-beyond-reasonable-doubt reasonable-doubt restitution sixth-amendment Whether the Fifth Amendment grand jury right and the Sixth Amendment right to jury trial on proof beyond a reasonable doubt apply to restitution in a …
23-6968 Raymond Vincent v. Florida Florida 2024-03-12 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process felony felony-charges fourteenth-amendment jury-trial sixth-amendment Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony?
23-6951 Jesus Barron-Bautista v. United States Fifth Circuit 2024-03-11 Denied Response WaivedIFP Almendarez-Torres criminal-law criminal-procedure due-process fifth-circuit jury-trial precedent-overruling sentencing Sixth-Amendment supreme-court-review writ-of-certiorari Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)?
23-6952 Frantz Brifil v. Florida Florida 2024-03-11 Denied Response WaivedIFP confrontation-clause constitutional-law crawford-v-washington criminal-procedure due-process evidence evidence-law hearsay out-of-court-statements sixth-amendment witness-testimony Whether the state court violated the mandate of Crawford and progeny by introducing a nontestifying witness's out-of-court statements?
23-6956 David Wilbanks v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2024-03-11 Denied IFP collateral-order-doctrine confrontation-clause constitutional-interpretation criminal-sentencing due-process final-judgment fourteenth-amendment judicial-review jurisdiction sixth-amendment statutory-construction Did the Court of Appeals have jurisdiction over the collateral order doctrine when the district judge failed to issue a COA for the final judgment und…
23-989 Robert J. Murphy v. United States District Court for the Eastern District of Pennsylvania Third Circuit 2024-03-11 Denied civil-rights constitutional-rights disciplinary-proceedings due-process ex-parte-communications first-amendment fourteenth-amendment judicial-code sixth-amendment workers-compensation Where petitioner sought removal of unelected administrative Workers' Compensation judges involving their actual or apparent improprieties involving ad…
23-6931 Darrell Tillery v. Tim Hooper, Warden Louisiana 2024-03-08 Denied Response WaivedIFP aggravated-rape constitutional-rights criminal-procedure due-process equal-protection fourteenth-amendment jury-trial non-unanimous-jury sexual-battery sixth-amendment Whether non-unanimous jury verdicts violate the Sixth and Fourteenth Amendments
23-6937 Mahmoud Almuhtaseb v. Florida Florida 2024-03-08 Denied Response WaivedIFP constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition jury-trial sixth-amendment Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony?
23-6941 Ricardo Fortino Martinez-Munoz v. United States Fifth Circuit 2024-03-08 Denied Response WaivedIFP almendarez-torres-v-united-states apprendi-v-new-jersey constitutional-interpretation due-process jury-trial legal-precedent prior-conviction prior-convictions sixth-amendment statutory-maximum Can Almendarez-Torres be squared with the history undergirding the Sixth Amendment; and if not, should this Court overrule Almendarez-Torres?
23-6925 Sadat El-Amin v. Louisiana Louisiana 2024-03-07 Denied IFP constitutional-rights criminal-procedure due-process equal-protection forcible-rape fourteenth-amendment jury-trial non-unanimous-jury sixth-amendment Whether non-unanimous jury verdicts for felony convictions violate the Sixth and Fourteenth Amendments
23-978 Loan Phuong v. Cong Van Nguyen Virginia 2024-03-07 Denied 6th-amendment bias due-process impartiality judicial-bias legal-procedure prejudice sixth-amendment supreme-court virginia-law virginia-supreme-court Whether the Virginia Supreme Court's decision caused the Petitioner to suffer damages when it refused to rehear her case against the Respondent in vio…
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
23-6891 Joshua Terrel Brown v. Florida Florida 2024-03-05 Denied Response WaivedIFP constitutional-law constitutional-rights criminal-trial felony fourteenth-amendment jury-composition jury-size sixth-amendment trial-by-jury williams-v-florida Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a twelve-person jury when the defendant is charged with a felony?
23-6901 Joshua Lane Tansil v. Florida Florida 2024-03-05 Denied Response WaivedIFP constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition jury-trial sixth-amendment Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony?
23-6886 Paul Francisco Torres, III v. United States Ninth Circuit 2024-03-04 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process jury-trial jury-trials pandemic pandemic-restrictions sixth-amendment speedy-trial Did prolonged jury-trial bans during the pandemic violate the Sixth Amendment's Speedy Trial Clause, especially as to those accused who were jailed du…
23-6878 Jose Luis Avalos-Sanchez v. United States Fifth Circuit 2024-03-01 Denied Response WaivedIFP Almendarez-Torres court-of-appeals criminal-procedure due-process judicial-review jury-trial legal-precedent sentencing Sixth-Amendment supreme-court-review writ-of-certiorari Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)?
23-6838 Danny Lee Warner, Jr. v. Montana Montana 2024-02-29 Denied Response WaivedIFP attorney-client-privilege due-process fourteenth-amendment fourth-amendment presumption-of-prejudice prosecutorial-misconduct sixth-amendment warrantless-search Are unsworn assertions sufficient to overcome clear and convincing evidence of illegal search and seizure?
23-6843 Joseph A. Crenshaw v. Florida Florida 2024-02-28 Denied Response WaivedIFP due-process expert-witness fair-trial fourteenth-amendment ineffective-assistance post-conviction sixth-amendment trial-procedure Does a trial court's 'tender and accept' procedure of an expert witness in front of a jury violative of a Defendant's Sixth Amendment right to a fair …
23-6845 Milton Martin Biester-Villeda v. United States Fifth Circuit 2024-02-28 Denied Response WaivedIFP case-review criminal-procedure due-process fifth-circuit judicial-precedent legal-procedure sentencing sixth-amendment stare-decisis statutory-interpretation supreme-court-review writ-of-certiorari Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)?
23-6856 Stephen Aguiar v. United States Second Circuit 2024-02-28 Denied Response WaivedIFP certificate-of-appealability civil-rights conflict-of-interest due-process fraud-on-court government-fraud habeas habeas-corpus ineffective-assistance rule-60b sixth-amendment Whether the Second Circuit wrongly denied a COA
23A796 Leslie Galloway, III v. Mississippi Mississippi 2024-02-28 Presumed Complete capital-punishment constitutional-rights ineffective-assistance mitigation-investigation penalty-phase sixth-amendment Whether the Sixth Amendment requires reversal of a capital conviction where trial counsel provided constitutionally ineffective assistance by failing …
23-925 Michael Shane McCormick, Sr. v. United States Sixth Circuit 2024-02-27 Denied circuit-split consultation-duty criminal-appeal criminal-conviction defendant-consultation defense-counsel flores-ortega lower-court-confusion reasonable-effort sixth-amendment Whether, to adequately 'consult' regarding an appeal when the defendant says he will decide after sentencing or is obviously dissatisfied with his sen…
23A794 Gail M. Ritchey v. Ohio Ohio 2024-02-27 Presumed Complete confrontation-clause constitutional-criminal-procedure coroner's-report evidence-admissibility hearsay sixth-amendment Whether the Sixth Amendment permits the introduction of a coroner's report prepared by a non-testifying and unavailable declarant as evidence
23-6839 Donte Johnson v. Nevada Nevada 2024-02-27 Denied IFP constitutional-rights criminal-procedure discretionary-strategy effective-counsel expert-testimony false-confessions ineffective-assistance police-interrogation sixth-amendment strickland strickland-standard did-the-nevada-supreme-court-deprive-petitioner-of-his-sixth-amendment-right-to-effective-counsel
23-6823 Troy Raynard Alexander v. United States Fourth Circuit 2024-02-26 Denied Response WaivedRelisted (2)IFP certificate-of-appealability constitutional-rights criminal-procedure due-process fifth-amendment guilty-plea rehaif-standard rehaif-v-united-states sixth-amendment Whether the lower court abused their discretion by denying a COA
23-6833 Jason Matthew Karr v. Colorado Colorado 2024-02-26 Denied IFP appointment-of-counsel clearly-established-federal-law colorado-supreme-court constitutional-review due-process-rights evidentiary-hearing federal-law-application ineffective-assistance-counsel ineffective-assistance-of-counsel sixth-amendment strickland-standard strickland-v-washington whether-the-colorado-supreme-court-held-the-petitioner-to-a-higher-standard-for-pleading-ineffective-assistance-of-counsel
23-6810 Larry D. Mosley v. Phillip A. White, Warden Fourth Circuit 2024-02-23 Denied IFP Abuse-of-Discretion Equal-Protection Fourteenth-Amendment habeas-corpus ineffective-assistance Police-Misconduct Prosecutorial-Misconduct Sixth-Amendment trial-court-discretion Ineffective-Assistance-of-Counsel
23-6803 Eduardo Garcia Briseno v. United States Fifth Circuit 2024-02-22 Denied Response WaivedIFP almendarez-torres constitutional-interpretation criminal-law historical-record notice notice-clause prior-conviction-exception sixth-amendment sixth-amendment-text supreme-court-precedent Whether, in light of the historical record, Almendarez-Torres v. United States, 523 U.S. 224 (1998), should be overruled?
23-6786 Carl Ray McNeil, Jr. v. United States Fourth Circuit 2024-02-21 GVR Relisted (2)IFP armed-career-criminal-act criminal-law criminal-procedure due-process fifth-amendment indictment sentencing sentencing-enhancement sixth-amendment statutory-interpretation Whether the different-occasions element of the Armed Career Criminal Act must be charged in the indictment and either admitted as part of a guilty ple…
23-6795 Gregory Taylor v. United States Sixth Circuit 2024-02-21 Denied Relisted (2)IFP confrontation-clause criminal-procedure evidence expert-testimony hearsay laboratory-evidence laboratory-tests sixth-amendment Whether the Confrontation Clause of the Sixth Amendment is satisfied when an expert witness provides opinion testimony that is based on data from labo…
23-6802 Wally Irizarry-Sisco v. United States First Circuit 2024-02-21 Denied Response WaivedIFP child-sex-abuse child-sex-case criminal-procedure double-jeopardy due-process evidence-law excited-utterance hearsay hearsay-exception sixth-amendment Whether Federal Rule of Evidence 803(2) encompasses out-of-court statements that go beyond the exciting event, are elicited by questioning, and are in…
23-898 Ryan Thornton v. Wisconsin Wisconsin 2024-02-21 Denied Response Waived burden-of-proof counsel criminal-procedure defendant due-process habeas-corpus ineffective-assistance-of-counsel legal-harm sixth-amendment When a defendant is harmed from Ineffective Assistance of Counsel, what is the appropriate burden of proof needed to correct this harm?
23-6790 James Hamilton v. United States Fifth Circuit 2024-02-20 Denied Response WaivedIFP circuit-split drug-sentencing ineffective-assistance mens-rea sixth-amendment statutory-interpretation Was counsel ineffective in violation of the Sixth Amendment for failing to recognize and address the methamphetamine disparity violation committed by …
23-6775 Jesse Dean Redfearn v. William "Chris" Rankins, Warden Tenth Circuit 2024-02-16 Denied IFP constitutional-law due-process fifth-amendment fourteenth-amendment habeas-corpus sixth-amendment Did the United States District Court and Court of Appeals properly apply clearly established constitutional law, [Hemphill v. New York, 142 S.Ct. 681,…
23-6763 Armani L. Moore v. Illinois Illinois 2024-02-15 Denied Response WaivedIFP confrontation-clause crawford-v-washington criminal-procedure evidence evidence-law memory-loss sixth-amendment testimonial-hearsay unavailable-witness witness-unavailability Whether a declarant is 'unavailable to testify' for purposes of the Sixth Amendment
23-6743 Loren J. Larson, Jr. v. Alaska Alaska 2024-02-14 Denied Response WaivedIFP constitutional-claims effective-assistance effective-representation exhaustion-requirement exhaustion-requirements habeas-corpus procedural-default sixth-amendment Does the Sixth Amendment right to 'effective representation' require that an attorney provide meaningful, conflict free consultation prior to the atto…
23-6738 Ellis Louis Mashburn, Jr. v. John Q. Hamm, Commissioner, Alabama Department of Corrections Eleventh Circuit 2024-02-13 Denied IFP capital-murder capital-trial death-penalty habeas-corpus ineffective-assistance-of-counsel mental-illness mitigation-evidence prejudice sixth-amendment strickland-standard strickland-v-washington Whether a death row inmate is precluded from establishing prejudice from his trial counsel's deficient performance during the penalty phase if his cou…
23-6723 Brandon Keith Owensby v. Florida Florida 2024-02-12 Denied IFP constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition jury-trial sixth-amendment Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony?
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…
23-6701 Luis Raul Vicente Fonseca v. United States Eleventh Circuit 2024-02-08 Denied Response WaivedIFP civil-procedure constitutional-provisions constitutional-rights criminal-procedure due-process sixth-amendment speedy-trial standing statement-of-the-case statutory-provisions trial-rights Whether the lower court erred in its interpretation and application of the relevant constitutional and statutory provisions
23-6706 Ohio, ex rel. Lonnie Rarden v. Court of Common Pleas of Ohio, Butler County, et al. Ohio 2024-02-08 Denied Response WaivedIFP criminal-procedure faretta-v-california fundamental-error johnson-v-zerbst law-of-the-case res-judicata right-to-counsel sixth-amendment trial-court-jurisdiction waiver-of-counsel Does this Court no longer recognize the right to counsel under Johnson v. Zerbst?
23A737 Byron Ray Barker v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2024-02-08 Presumed Complete aedpa alternative-perpetrator child-sexual-abuse habeas-corpus ineffective-assistance sixth-amendment Whether the Sixth Amendment right to effective assistance of counsel was violated when trial counsel failed to present alternative perpetrator evidenc…
23-6696 Anthony Daniels v. Mark Miller, Superintendent, Green Haven Correctional Facility Second Circuit 2024-02-07 Denied Response WaivedIFP due-process due-process-violation ineffective-assistance right-to-counsel sixth-amendment suggestive-identification Whether the District Court errored for denial of Petitioner's claim that the State Identification was suggestive, improper and the State Court conclus…
23-6659 Edward Logan v. Illinois Illinois 2024-02-02 Denied Response WaivedIFP confrontation-clause constitutional-rights criminal-procedure due-process equal-protection pre-trial-detention sixth-amendment speedy-trial statutory-interpretation Whether a state statute that denies a criminal defendant the constitutional right to a speedy trial violates the Equal Protection Clause
23-831 Constance Eileen Caswell v. Colorado Colorado 2024-02-02 Denied Amici (1)Relisted (2) almendarez-torres apprendi-rule criminal-procedure due-process felony-enhancement jury-determination jury-trial misdemeanor-elevation prior-conviction sentencing sixth-amendment Whether a prior misdemeanor conviction that elevates a subsequent offense from a misdemeanor to a felony is an element of the subsequent offense that …
23-6645 Arthur Johnson v. United States Fifth Circuit 2024-02-01 Denied Response WaivedIFP constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment sentencing sixth-amendment statutory-interpretation supervised-release Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments?
23-6648 Anthony Christopher Mendonca v. United States Second Circuit 2024-02-01 Denied IFP constitutional-rights criminal-procedure due-process fair-trial first-amendment jury-selection plain-error-review public-trial public-trial-right sixth-amendment structural-error Does the plainly erroneous exclusion of the public from jury selection in a criminal trial seriously affect the fairness, integrity, and public reputa…
23-6637 Aruan Aleman Hernandez v. Palm Beach County State Attorney Eleventh Circuit 2024-01-31 Denied IFP 6th-amendment civil-rights constitutional-rights counsel-rights due-process equal-protection federal-jurisdiction sixth-amendment standing statutory-interpretation Whether the 6th Amendment right to counsel extends to victims of a crime for purposes of Equal Protection
23-6638 Trent Drexel Howard v. United States Ninth Circuit 2024-01-31 Denied Response WaivedIFP due-process extradition government-delay governmental-delay incarceration sixth-amendment sixth-amendment-protections speedy-trial speedy-trial-clause Did the Ninth Circuit err by failing to treat 'undue and oppressive incarceration' and 'anxiety and concern accompanying public accusation' as the maj…
23-6618 Mabior M. Mabior v. Nebraska Nebraska 2024-01-30 Denied Response WaivedIFP appellate-review confrontation-clause cross-examination hearsay hearsay-exception ineffective-assistance sixth-amendment testimonial-statement testimonial-statements Is a defendant's right to confrontation under the Sixth Amendment violated when testimonial statements are admitted for the truth of the matters asser…
23-6622 Miguel Jaimes-Luviano v. Florida Florida 2024-01-30 Denied IFP constitutional-law constitutional-rights criminal-procedure criminal-trial felony fourteenth-amendment jury-composition jury-size jury-trial sixth-amendment Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a twelve-person jury when the defendant is charged with a felony?
23-820 Ohio v. William Johnson Ohio 2024-01-30 Denied Amici (2)Response RequestedRelisted (2) 911-recording confrontation-clause domestic-violence excited-utterance hearsay non-testimonial ongoing-emergency sixth-amendment Were the statements describing the fresh incident of domestic violence in the 911 recording non-testimonial?
23-6605 In Re Darius Lake 2024-01-29 Denied IFP administrative-law civil-rights constitutional-law due-process equal-protection judicial-review jury-selection legal-procedure precedent racial-discrimination sixth-amendment statutory-interpretation Whether the district attorney's striking of the only Black juror in the petitioner's trial violated the petitioner's constitutional rights
23-6594 Noemy Ramirez-Gomez v. United States Fifth Circuit 2024-01-26 Denied Response WaivedIFP Almendarez-Torres case-review criminal-procedure due-process fifth-circuit judicial-precedent jury-trial legal-challenge sentencing Sixth-Amendment supreme-court-review writ-of-certiorari Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)?
23-6597 Abraham Fagot Mejia v. Florida Florida 2024-01-26 Denied IFP constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition jury-trial sixth-amendment Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony?
23-6545 Stephen Christopher Plunkett v. United States Fifth Circuit 2024-01-24 Denied Response WaivedIFP certificate-of-appealability circuit-split civil-rights due-process habeas-corpus ineffective-assistance judicial-recusal sentencing-guidelines sixth-amendment standing Did the Fifth Circuit flout SCOTUS precedent in Buck v. Davis?
23-6551 Steven McGauley v. Illinois Illinois 2024-01-24 Denied Response WaivedIFP civil-rights constitutional-rights criminal-procedure criminal-proceedings critical-stage due-process effective-assistance ineffective-assistance-of-counsel jury-bias right-to-counsel sixth-amendment standing Whether the trial court erred in denying McGauley's motion for a mistrial based on possible jury bias and failing to take remedial measures, and wheth…
23-6557 Frank R. Stevenson v. Lynn Lilley, Superintendent, Eastern Correctional Facility Second Circuit 2024-01-24 Denied Response WaivedIFP automatic-reversal constitutional-rights criminal-defense criminal-procedure due-process federal-law ineffective-assistance-of-counsel sixth-amendment structural-error unwanted-defense Whether the unconstitutionality of imposing an unwanted defense on the accused, over objection, has long been federally established and is a structura…
23-6558 Freddie Quinn v. Florida Florida 2024-01-24 Denied IFP constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition jury-trial sixth-amendment Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony?
23-6559 Marcus Johnson v. Randy Irwin, Superintendent, State Correctional Institution at Forest, et al. Third Circuit 2024-01-24 Denied Response WaivedRelisted (2)IFP appellate-deference confrontation-clause due-process expert-testimony expert-witness judicial-review prejudice prejudice-standard self-defense sixth-amendment testimonial-statements Did the Third Circuit err in deferring to the District Court's finding that Mr. Johnson suffered no prejudice from the Confrontation violation that oc…
23-793 Isidro Javier Armenta v. California California 2024-01-24 Denied 14th-amendment 5th-amendment 6th-amendment automated-enforcement automated-traffic-enforcement confrontation-clause due-process equal-protection fourth-amendment sixth-amendment Whether the Sixth Amendment Confrontation Clause holding in Melendez-Diaz v. Massachusetts extends to automated traffic enforcement system schemes
23-6524 Lynn Richard Norton v. United States Sixth Circuit 2024-01-23 Denied Response WaivedIFP armed-career-criminal crack-cocaine criminal-procedure drug-quantity due-process habeas-corpus ineffective-assistance obstruction-of-justice sentencing-enhancement sixth-amendment strickland-v-washington Whether Defense Counsel Jessica McAfee Performance Was Ineffective Assistance Under Strickland v. Washington
23-6532 Zerak Brown v. United States Eighth Circuit 2024-01-23 Denied Response WaivedIFP 6th-amendment assistance-of-counsel certiorari criminal-procedure criminal-prosecution due-process jurisdiction right-to-counsel sixth-amendment Did the Framers intend that, in a criminal prosecution, a defendant is entitled assistance of counsel, under the 6th Amendment, for all criminal prose…
23-6536 Kidada Savage v. United States Third Circuit 2024-01-23 Denied Response WaivedIFP attorney-conflict-of-interest conflict-of-interest constitutional-rights due-process effective-assistance-of-counsel prejudice sixth-amendment trial-court-inquiry Whether the Third Circuit erroneously extended Cuyler v. Sullivan
23-6527 Jermaine Anderson, Jr. v. Florida Florida 2024-01-22 Denied IFP constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition sixth-amendment trial-by-jury Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony?
23A665 Tyshawn Shepard v. Ohio Ohio 2024-01-22 Presumed Complete constitutional-challenge criminal-sentencing factual-findings indeterminate-sentencing jury-trial sixth-amendment Whether Ohio's indeterminate sentencing scheme violates the Sixth Amendment by permitting judicial factual findings that increase a defendant's impris…
23A672 Samuel Fields v. Scott Jordan, Warden Sixth Circuit 2024-01-22 Presumed Complete confrontation-clause constitutional-violation extrinsic-evidence habeas-relief jury-deliberation sixth-amendment Whether the Sixth Amendment's Confrontation Clause prohibits a jury from considering extrinsic evidence against a criminal defendant without providing…
23A659 Raymond Woodley v. North Carolina North Carolina 2024-01-18 Presumed Complete conflict-of-counsel ineffective-assistance right-to-counsel sixth-amendment standard-of-review strickland-standard Whether the Sixth Amendment requires a different standard of review for claims of ineffective assistance of counsel involving a trial court's failure …
23-6491 Peyton John Wesley Hopson v. Deborah S. Hunt Sixth Circuit 2024-01-18 Denied IFP certificate-of-good-cause certificate-of-good-faith circuit-court counsel-appointment district-court due-process jurisdiction right-to-counsel sixth-amendment sixth-circuit Did the Sixth Circuit lose jurisdiction to proceed to review where the Sixth Circuit failed to comply with the Sixth Amendment requirement to appoint …
23-6496 Irvin Harris Johnson v. United States District of Columbia 2024-01-17 Denied IFP attorney-client-privilege criminal-procedure evidence-seizure prejudice pretrial-detention right-to-counsel sixth-amendment trial-evidence work-product-doctrine work-product-privilege Whether the government's seizure and use at trial of a pretrial detainee's notes reflecting his defense strategy for discussion with counsel violates …
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
23-6472 Keith L. Allen v. Nebraska Nebraska 2024-01-12 Denied IFP constitutional-bar credible-threats impartial-jury juror-misconduct juror-threats no-impeachment-rule sixth-amendment sixth-amendment-violation verdict-influence Whether a no-impeachment rule constitutionally bars evidence of credible threats of violence against the jurors influencing their verdict offered to p…
23-6474 Courtney Rose Desjarlais v. United States Eighth Circuit 2024-01-12 Denied Response WaivedIFP confrontation-clause cross-examination due-process hearsay hearsay-evidence sentencing-enhancement sixth-amendment Question not identified
23-6479 Sterling H. Roberts v. United States Sixth Circuit 2024-01-12 Denied Response WaivedIFP confrontation-clause criminal-procedure declarant-unavailability forfeiture-by-wrongdoing mixed-motives primary-purpose sixth-amendment unavailability Whether the prosecution must prove the defendant's primary purpose for making the declarant unavailable was to prevent their testimony in the proceedi…
23-6460 Richard C. Duerson v. United States Sixth Circuit 2024-01-11 Denied Response WaivedIFP conspiracy criminal-procedure due-process effective-assistance-of-counsel ineffective-assistance-of-counsel manifest-injustice newly-discovered-evidence pro-se rule-33 sixth-amendment supervisory-power whether-rule-33-criteria-override
23-6463 Charles D. Adams v. Merit Systems Protection Board Federal Circuit 2024-01-11 Dismissed Response WaivedIFP civil-rights clearance-system constitutional-rights discrimination due-process eeo-records employer-discrimination retaliation sixth-amendment standing Whether CAFC made an error in their decision to dismiss CAFC 2023-1680 which was about MDA COC's and MDA's Aiding And Abetting Employer Discrimination
23-6464 Michael Edward Aguilar v. Ryan Thornell, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. Ninth Circuit 2024-01-11 Denied Response WaivedIFP appellate-review certificate-of-appealability constitutional-interpretation criminal-appeal criminal-code due-process effective-assistance-of-counsel sixth-amendment state-law statutory-ambiguity timeliness Whether the dismissal of a criminal appeal as untimely violates the Due Process Clause and the Sixth Amendment right to effective assistance of counse…
23-6447 Samuel Sherman v. United States Eighth Circuit 2024-01-10 Denied Response WaivedIFP confrontation-clause confrontation-right criminal-joinder criminal-procedure prejudice prejudicial-error rule-14 rule-14-procedure sixth-amendment zafiro-precedent zafiro-v-united-states Whether the lower courts misapplied this Court's holding in Zafiro v. United States
23A635 Jereme Lee Escobedo v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2024-01-09 Presumed Complete impartial-jury ineffective-assistance juror-bias sixth-amendment trial-counsel voir-dire Whether a criminal defendant's Sixth Amendment right to an impartial jury is violated when a juror with a potential familial connection to a witness i…
23-6433 Rico Lorodge Brown v. United States Fourth Circuit 2024-01-08 GVR Relisted (2)IFP armed-career-criminal-act constitutional-amendment criminal-law criminal-procedure due-process fifth-amendment indictment jury-finding sentencing sixth-amendment statutory-interpretation statutory-penalty Whether the different-occasions element of the Armed Career Criminal Act must be charged in the indictment and either admitted as part of a guilty ple…
23-6408 Jade LaRoche v. United States Eighth Circuit 2024-01-03 Denied Response WaivedIFP acquitted-conduct criminal-procedure double-jeopardy due-process fifth-amendment sentencing sixth-amendment Whether the use of acquitted conduct to determine a defendant's sentence violates the Fifth and Sixth Amendments
23A619 Steven Antonius, aka Sealed Defendant 1, Shervington Lovell, aka Sealed Defendant 1, Argemiro Zapata-Castro, aka Sealed Defendant 1 v. United States Second Circuit 2024-01-03 Presumed Complete criminal-procedure ineffective-assistance notice-of-appeal procedural-default right-to-counsel sixth-amendment Whether a criminal defendant's Sixth Amendment right to effective assistance of counsel is violated when counsel fails to timely file a notice of appe…
23-6392 Phillip Watkins v. United States Sixth Circuit 2023-12-28 Denied Response WaivedIFP abuse-of-discretion criminal-procedure due-process evidentiary-hearing guilty-plea ineffective-assistance ineffective-assistance-of-counsel plea-agreement sentencing-enhancement sixth-amendment Whether the Sixth Circuit abused its discretion by affirming the district court's failure to conduct an Evidentiary Hearing regarding the fact his Gui…
23-6359 Davin Chaz Nevins v. United States Fifth Circuit 2023-12-27 Denied Response WaivedIFP constitutional-law criminal-procedure due-process sentencing sixth-amendment supervised-release Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments?
23-6363 Matthew Reid Hinson v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2023-12-27 Denied Response WaivedIFP competent-counsel due-process equal-protection fair-trial fourteenth-amendment ineffective-assistance-of-counsel plea-bargaining right-to-counsel sixth-amendment Does an attorney's failure to investigate, interview witnesses, and discuss defenses before advising a guilty plea violate the Sixth Amendment's right…
23-6365 Rodney Adam Hurdsman v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2023-12-27 Denied IFP critical-stage incarceration plea-bargain presumption-of-prejudice pretrial-period right-to-counsel sixth-amendment speedy-trial whether-the-pretrial-period-is-a-critical-stage
23-6370 Charles D. Adams v. Merit Systems Protection Board Federal Circuit 2023-12-27 Dismissed Response WaivedIFP clearance-system constitutional-rights disparate-treatment dod-clearance-system due-process eeo-records employer-discrimination equal-justice retaliation sixth-amendment Whether CAFC made an error in their decision to dismiss CAFC 2023-1662 which was about Removing the last discriminatory '2' appraisal from my records
23-6371 Charles D. Adams v. Merit Systems Protection Board Federal Circuit 2023-12-27 Dismissed Response WaivedIFP abuse-of-power civil-rights clearance-system constitutional-rights discrimination due-process employer-discrimination employment-discrimination evidence-suppression obstruction-of-justice sixth-amendment Whether CAFC made an error in their decision to dismiss CAFC 2023-1695
23A590 Stephen Christopher Plunkett v. United States Fifth Circuit 2023-12-27 Presumed Complete ineffective-assistance plea-agreement prosecutorial-misconduct right-to-counsel sentencing-enhancement sixth-amendment Whether a defendant's Sixth Amendment right to effective assistance of counsel is violated when multiple attorneys fail to adequately challenge plea a…
23-6344 Michael Broomer v. Delaware Delaware 2023-12-26 Denied IFP civil-rights constitutional-rights criminal-procedure due-process exculpatory-evidence fair-trial ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct racial-discrimination sixth-amendment trial-counsel Questions Presented
23-6345 Jeffrey M. Spring, Sr. v. David W. Gray, Warden Sixth Circuit 2023-12-26 Denied Response WaivedIFP 14th-amendment 6th-amendment constitutional-rights due-process evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel newly-discovered-evidence procedural-due-process sixth-amendment substantive-due-process Is it a violation of substantive and procedural due process to deny the defendant an evidentiary hearing to develop newly discovered evidence?
23-6346 Walter Freeman Jordan, III v. United States Fifth Circuit 2023-12-26 Denied Response WaivedIFP case-law criminal-procedure due-process federal-appeal habeas-corpus ineffective-assistance-of-counsel judicial-review legal-petition sentencing sixth-amendment supreme-court writ-of-certiorari Whether the Sixth Circuit Court of Appeals erred in affirming the district court's denial of Petitioner's motion to vacate his sentence under 28 U.S.C…
23-6350 Brady Franklin v. Illinois Illinois 2023-12-26 Denied Response WaivedIFP confrontation-clause craig-precedent crawford-precedent crawford-v-washington intellectual-disability maryland-v-craig public-policy sixth-amendment witness-testimony Whether the balancing test created by Maryland v. Craig is still good law after Crawford v. Washington, and if so, whether extending its exemption for…
23A577 Tyler Gonzales, fka Tyler A. Montour v. Cheryl Eplett, Warden Seventh Circuit 2023-12-22 Presumed Complete attorney-performance constitutional-performance ineffective-assistance professional-norms sixth-amendment strickland-standard Whether a reviewing court must assess an attorney's performance under the Sixth Amendment's ineffective assistance of counsel standard by objectively …
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?
23-6308 Ariel Garcia-Pelico v. Nebraska Nebraska 2023-12-20 Denied IFP constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel investigative-procedures judicial-discretion motion-to-reopen procedural-fairness sixth-amendment strickland-v-washington Were the trial counsel's actions below the Strickland v. Washington standards?
23-6304 Onterrious V. Tillman v. Florida Florida 2023-12-19 Denied Relisted (5)IFP constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition jury-trial sixth-amendment Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony?
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…
23A558 Gerald D. Fields v. Jay Forshey, Warden Sixth Circuit 2023-12-18 Presumed Complete habeas-corpus ineffective-assistance pro-se-representation right-to-counsel sixth-amendment structural-error Whether the Sixth Amendment requires trial courts to explicitly warn defendants of the dangers of self-representation before finding a knowing and vol…
23-6281 Laquince T. Hogan v. Dexter Payne, Director, Arkansas Division of Correction Arkansas 2023-12-18 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process fifth-amendment fourteenth-amendment habeas-corpus oral-amendment sixth-amendment uncharged-offense Whether the Arkansas Supreme Court denied Mr. Hogan due process of law under the Fifth, Sixth and Fourteenth Amendments
23-6283 Stacy Anthony Mitchell v. Arkansas Arkansas 2023-12-18 Denied Response WaivedIFP choice-of-counsel constitutional-rights criminal-procedure due-process indigent-defendant right-to-counsel sixth-amendment trial-court-discretion Does a trial court's denial of an indigent criminal defendant's choice of privately retained counsel, who is ready, willing, and able to proceed to tr…
23-6289 Wisben Sanon v. Florida Florida 2023-12-18 Denied Relisted (5)IFP constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition sixth-amendment trial-by-jury Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony?
23-6267 Jose Gonzalez, III v. Texas Texas 2023-12-15 Denied IFP constitutional-rights criminal-procedure due-process fifth-amendment ineffective-assistance ineffective-assistance-of-counsel mccoy-precedent right-to-counsel right-to-remain-silent sixth-amendment trial-procedure Is McCoy v Louisiana a logical extension of Florida V Nixon when concession of Petitioner's guilt was never discussed prior to trial?
23-6277 Fidel Gutierrez-Garcia v. United States Fifth Circuit 2023-12-15 Denied Response WaivedIFP 5th-amendment 6th-amendment court-interpreter-act due-process fundamental-fairness indigenous-rights language-comprehension sixth-amendment Did the proceedings against Gutierrez proceed in a language other than his primary language and inhibit his comprehension such that they were fundamen…
23-6279 Ismael Robles-Perez v. United States Fifth Circuit 2023-12-15 Denied Response WaivedIFP Almendarez-Torres almendarez-torres-precedent constitutional-provisions criminal-procedure due-process fifth-circuit judicial-review jury-trial sentencing Sixth-Amendment supreme-court-review writ-of-certiorari Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)?
23-6257 Randall Scott Jordan v. Texas Texas 2023-12-14 Denied IFP brady brady-violation criminal-history due-process impeachment ineffective-assistance sixth-amendment suppression-of-evidence witness-credibility witness-impeachment Did the prosecution's suppression or withholding of state's key witness' prior violent criminal history that was favorable to accused for impeachment …
23-6260 Charles E. Linder, Jr. v. Kenneth Black, Warden Sixth Circuit 2023-12-14 Denied Response WaivedIFP constitutional-law criminal-procedure detective-testimony evidence evidentiary-objection firearm ineffective-assistance sixth-amendment testimony witness-credibility Whether trial counsel was ineffective in violation of the Sixth Amendment due to failure to object to testimony
23A547 Eric Lavell Minter v. United States Sixth Circuit 2023-12-14 Presumed Complete abuse-of-discretion criminal-procedure fact-finding jury-trial sentencing-enhancement sixth-amendment Whether a district court's fact-finding at sentencing that lacks explicit reasoning for selecting among competing inferences violates a defendant's Si…
23-6250 Matthew C. Spaeth v. United States Tenth Circuit 2023-12-13 Denied Response RequestedResponse WaivedRelisted (2)IFP attorney-client-confidentiality collateral-attack plea-bargaining prosecutorial-misconduct sentencing sixth-amendment tollett-precedent Does Tollett v. Henderson preclude a defendant from collaterally attacking a conviction based on pre-plea prosecutorial misconduct?
23-6251 Jonathan Rodriguez v. United States Fifth Circuit 2023-12-13 Denied Response WaivedIFP acquitted-conduct confrontation-clause due-process fifth-amendment preponderance-of-evidence sentencing sentencing-standard sixth-amendment suppression-motion Whether the use of a preponderance of the evidence standard at sentencing violated Rodriguez's Fifth Amendment and Sixth Amendment rights?
23-6230 Danille Morris v. United States Tenth Circuit 2023-12-12 Denied Response RequestedResponse WaivedRelisted (2)IFP attorney-client-confidentiality attorney-client-privilege guilty-plea habeas-corpus habeas-relief plea-bargaining prosecutorial-misconduct sixth-amendment tollett-interpretation tollett-v-henderson Does Tollett v. Henderson preclude collateral attack on a sentence due to pre-plea prosecutorial misconduct involving confidential attorney-client com…
23-6238 William Jarvis v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2023-12-12 Denied IFP confrontation confrontation-clause due-process effective-counsel equal-protection fifth-amendment self-incrimination sixth-amendment third-party-guilt Whether the Fifth Amendment right to be free from the compulsion to make self-incriminating statements includes the right to not be required to provid…
23-6217 Ubaldo De La Cruz Leyva v. United States Fifth Circuit 2023-12-11 Denied Response WaivedIFP almendarez-torres apprendi apprendi-v-new-jersey historical-practices notice-clause prior-conviction prior-conviction-exception recidivism-enhancement sixth-amendment Whether the prior-conviction exception from Almendarez-Torres can be squared with the text of the Sixth Amendment's Notice Clause and the historical p…
23-6227 Jose Antonio Cortez v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2023-12-11 Denied IFP certificate-of-appealability civil-rights due-process federal-rules-of-civil-procedure fourteenth-amendment habeas-corpus reasonable-time rule-60b6 sixth-amendment unanimous-jury-verdict Whether the court of appeals side-stepped the requirements of a Certificate of Appealability
23A526 Jacob Smith v. Nethanjah Breitenbach, Warden, et al. Ninth Circuit 2023-12-11 Presumed Complete constitutional-right criminal-procedure faretta-right preliminary-hearing self-representation sixth-amendment Whether the Sixth Amendment right to self-representation established in Faretta applies to preliminary hearings in state criminal proceedings
23A522 Gary Wayne Warner v. Texas Texas 2023-12-08 Presumed Complete constitutional-rights fourteenth-amendment habeas-corpus ineffective-assistance pro-se-litigant sixth-amendment Whether Texas's systemic failure to provide an adequate procedural vehicle for raising ineffective assistance of counsel claims violates a criminal de…
23-6204 Angel Anthony Sanchez v. California California 2023-12-08 Denied IFP constitutional-rights due-process effective-assistance-of-counsel evidence-code fair-trial fifth-amendment fourteenth-amendment prior-acts-instructions sixth-amendment trial-procedure whether-petitioner-was-denied-his-fifth-sixth-and-fourteenth-amendment-rights-to-due-process-and-fair-trial
23-610 Frander Salguero v. California California 2023-12-06 Denied Response WaivedRelisted (2) brady-violation constitutional-rights due-process evidence-suppression fourteenth-amendment judicial-procedures material-evidence prosecutorial-misconduct sixth-amendment Whether the effect on due process remains unchanged as to Brady's holding
23-6162 James Williams v. United States Third Circuit 2023-12-05 Denied Response WaivedIFP 6th-amendment court-appointed-counsel criminal-procedure irreconcilable-differences judicial-discretion mckaskle-v-wiggins pro-se pro-se-representation right-to-counsel sixth-amendment waiver When a defendant takes reasonable steps to remedy perceived irreconcilable differences with court-appointed attorney, does the 6th Amendment afford th…
23-6154 Jennifer Lynn Dees v. Colorado Colorado 2023-12-04 Denied IFP criminal-procedure due-process fair-trial fourteenth-amendment judicial-misconduct jury-tampering sixth-amendment trial-integrity Whether a trial's verdict validity is impacted by a judge's jury tampering
23-6160 Kennath Artez Henderson v. Zac Pounds, Warden Sixth Circuit 2023-12-04 Denied Relisted (2)IFP constitutional-review federal-habeas-corpus grand-jury-discrimination hill-v-lockhart ineffective-assistance ineffective-assistance-of-counsel procedural-default sixth-amendment strickland-v-washington supremacy-clause Racial-discrimination-in-grand-jury-selection
23-6143 Howard Nelson Bartee, III v. Florida Florida 2023-12-01 Denied Relisted (6)IFP constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition sixth-amendment trial-by-jury Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony?
23-582 Rollo A. Barker, aka Rollo Narker v. New Jersey New Jersey 2023-11-30 Denied Response RequestedResponse WaivedRelisted (2) 6th-amendment chain-of-custody confrontation-clause criminal-evidence evidence forensic-analysis lab-analysis lab-testimony melendez-diaz melendez-diaz-precedent sixth-amendment Does testimony from a lab analyst who did not perform the actual testing on Defendant's seized (alleged) contraband that was analyzed by a State Polic…
23-6139 Milton Dwayne Gobert v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2023-11-30 Denied IFP client-instructions habeas-corpus ineffective-assistance ineffective-assistance-of-counsel per-se-rule sixth-amendment strickland-standard strickland-v-washington substitution-of-counsel trial-counsel trial-strategy Does this Court's clearly established precedent under Strickland v. Washington permit lower courts to hold that trial counsel's performance categorica…
23-554 Michael O'Bannon v. United States Seventh Circuit 2023-11-27 Denied Response Waived acquitted-conduct constitutional-law constitutional-rights criminal-procedure due-process sentencing sixth-amendment Whether the Constitution permits a criminal defendant to be sentenced based on conduct for which he or she was acquitted
23-564 Timothy Bing, Jr. v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2023-11-27 Denied Response Waived due-process effective-assistance-of-counsel plea-bargaining plea-offer pretrial-investigation pretrial-motions sixth-amendment state-attorney Whether a policy by the State Attorney's Office which punished the petitioner for engaging in a pretrial investigation of his case as well as filing p…
23-6108 Bryan Scott Cavett v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2023-11-27 Denied IFP compulsory-process constitutional-rights due-process effective-assistance-of-counsel habeas-corpus ineffective-assistance-of-counsel prosecutorial-misconduct sixth-amendment subject-matter-jurisdiction trial-procedure Whether or not State violates an accused person's Due Process Rights when Texas High Court denies his State 11.07 Habeas Corpus, without written order…
23-6072 James Richards v. United States Eighth Circuit 2023-11-21 Denied Response WaivedIFP confrontation-clause constitutional-rights crawford-v-washington crawford-violation criminal-procedure evidence ineffective-assistance ineffective-assistance-of-counsel sixth-amendment testimonial-evidence Whether the admission of a deceased witness's testimonial video statement violated the Sixth Amendment Confrontation Clause, despite defense counsel's…
23-6060 John Lacey Mulkey v. Georgia Georgia 2023-11-20 Denied Response WaivedIFP confrontation confrontation-clause criminal-procedure due-process evidence extrinsic-evidence right-to-present-defense rule-403 sixth-amendment speedy-trial Did the Court of Appeals violate the due process right to present a defense, in holding admissible, under O.C.G.A. § 24-4-403, (Rule403) extrinsic evi…
23-6064 Anthony Kimbrough v. Oklahoma Oklahoma 2023-11-20 Denied Relisted (2)IFP actual-bias dna-testing due-process fourteenth-amendment material-false-testimony oklahoma-criminal-procedure post-conviction-dna-testing post-conviction-relief retroactive-application sixth-amendment whether-escobar-vs-texas-applies-retroactively
23-6038 Lakeith Lynn Washington v. United States Fifth Circuit 2023-11-17 GVR Relisted (2)IFP alleyne-v-united-states apprendi-v-new-jersey armed-career-criminal-act constitutional-rights criminal-procedure fifth-amendment jury-beyond-reasonable-doubt minimum-and-maximum-sentences prior-convictions sentencing-enhancement sixth-amendment Do the Fifth and Sixth Amendments require facts to prove prior convictions for ACCA sentencing be alleged in indictment and proven to jury?
23-6049 Jimmie Jerome Manning, Jr. v. Florida Florida 2023-11-17 Denied Relisted (8)IFP constitutional-rights criminal-procedure criminal-trial felony fourteenth-amendment jury-composition jury-size jury-trial sixth-amendment williams-v-florida Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony?
23A447 Constance Eileen Caswell v. Colorado Colorado 2023-11-17 Presumed Complete apprendi-rule elements-of-offense jury-trial prior-conviction sentencing-factors sixth-amendment Whether the Sixth Amendment requires a jury to find beyond a reasonable doubt that a prior misdemeanor conviction can be used to elevate a subsequent …
23-529 Matthew Hayko v. Indiana Indiana 2023-11-17 Denied Response Waived appellate-review credibility criminal-procedure evidence-weighing harmless-error sixth-amendment trial-by-jury witness-credibility Whether an appellate court can violate a defendant's right to trial by jury under the Sixth Amendment by weighing evidence and judging the credibility…
23A441 Trent Drexel Howard v. United States Ninth Circuit 2023-11-16 Presumed Complete constitutional-rights detention government-delay pro-se-petition sixth-amendment speedy-trial-act Whether the Sixth Amendment and Speedy Trial Act permit a court to deny a motion to dismiss an indictment when the government deliberately delayed the…
23A436 Guillermo Octavio Arbelaez v. Florida, et al. Florida 2023-11-15 Presumed Complete capital-punishment death-penalty eighth-amendment fourteenth-amendment postconviction-relief sixth-amendment Whether the Sixth, Eighth, and Fourteenth Amendments prohibit the imposition of a death sentence that fails to comply with evolving standards of decen…
23-6013 Calvin Cogdill v. United States Sixth Circuit 2023-11-15 GVR Relisted (2)IFP armed-career-criminal-act constitutional-procedure criminal-sentencing fifth-amendment indictment jury reasonable-doubt sixth-amendment statutory-interpretation Whether the Armed Career Criminal Act's 'occasions different' fact must be charged in the indictment and proven to a jury beyond a reasonable doubt
23-6016 Malik Green v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2023-11-15 Denied IFP 28-usc-2253(c) certificate-of-appealability criminal-procedure ineffective-assistance ineffective-assistance-of-counsel interference-with-right-to-testify postconviction-relief prior-criminal-history right-to-testify sixth-amendment Whether the court of appeals improperly denied the Petitioner a certificate of appealability
23-6017 Roberto Alaniz-Pimentel v. United States Fifth Circuit 2023-11-15 Denied Response WaivedIFP almendarez-torres apprendi apprendi-v-new-jersey historical-practices notice-clause prior-conviction prior-conviction-exception recidivism-enhancement sixth-amendment Whether the prior-conviction exception from Almendarez-Torres can be squared with the text of the Sixth Amendment's Notice Clause and the historical p…
23-502 Noble U. Ezukanma v. United States Fifth Circuit 2023-11-14 Denied Response Waived counsel-advice criminal-procedure defendant-testimony due-process ineffective-assistance ineffective-assistance-of-counsel prejudice right-to-testify sixth-amendment strickland strickland-standard How do the standards for judging ineffective-assistance-of-counsel apply to the question of what advice defense-counsel gives to a defendant concernin…
23-508 Micah Sherif Matthews v. Chris Tripp, Warden Eighth Circuit 2023-11-14 Denied appellate-procedure certificate-of-appealability district-court due-process eighth-circuit ineffective-assistance ineffective-assistance-of-counsel judicial-review sixth-amendment Whether the United States District Court For the District of Iowa erred in denying Petitioner Matthews a Certificate of Appealability
23-5980 Edgar Arellano v. California California 2023-11-09 Denied Response WaivedRelisted (2)IFP constitutional-rights criminal-procedure due-process equal-protection fourteenth-amendment jury-trial senate-bill-567 sentencing sentencing-disposition sixth-amendment Whether the California courts were correct in stating that the petitioner's case was final, because the California Senate Bill 1393 resentencing dispo…
23-5976 Brian Heath Davis v. Randy Gibbs, Warden, et al. Eighth Circuit 2023-11-08 Denied Response WaivedIFP autopsy autopsy-report confrontation-clause criminal-procedure effective-assistance expert-testimony reasonable-doubt sixth-amendment To what extent are Sixth Amendment guarantees of Confrontation and Effective Assistance violated when an expert conducts an autopsy, prepares an autop…
23-5979 Daniel Vargas-Hernandez v. United States Fifth Circuit 2023-11-08 Denied Response WaivedIFP apprendi-rule apprendi-v-new-jersey constitutional-interpretation criminal-procedure criminal-sentencing due-process jury-trial prior-conviction prior-convictions sixth-amendment Whether the prior-conviction exception to the Apprendi rule can be squared with the historical practices codified in the Sixth Amendment, and if not, …
23A411 Irvin Harris Johnson v. United States District of Columbia 2023-11-08 Presumed Complete attorney-client-privilege confidential-communication criminal-procedure right-to-counsel sixth-amendment work-product-doctrine Whether the Sixth Amendment protects a criminal defendant's handwritten notes prepared for attorney consultation from being seized and used as evidenc…
23-5965 Cody Enrriquez v. Florida Florida 2023-11-07 Denied Relisted (9)IFP constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition jury-trial sixth-amendment Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony?
23-5968 Richard Langston v. Connecticut Connecticut 2023-11-07 Denied Amici (1)Response RequestedResponse WaivedRelisted (2)IFP constitutional-rights criminal-procedure criminal-sentencing double-jeopardy fourteenth-amendment jury-acquittal jury-trial sentencing sixth-amendment Whether the Sixth and Fourteenth Amendments to the Constitution of the United States prohibit a state court from basing a criminal defendant's sentenc…
23-5969 Semaan Makdissi v. Florida Florida 2023-11-07 Denied Response WaivedRelisted (2)IFP compulsory-process confrontation-clause criminal-procedure due-process evidence false-accusation fourteenth-amendment motive sixth-amendment Whether the Petitioner's Sixth and Fourteenth Amendment rights were violated
23-5971 Kevondric Fezia v. United States Fifth Circuit 2023-11-07 Denied Response WaivedIFP closing-arguments confrontation-clause criminal-procedure due-process hearsay jury non-testifying-witness prosecutorial-argument sixth-amendment witness-testimony Does the Confrontation Clause apply to statements made by a prosecutor during closing arguments that detail for the jury what a non-testifying witness…
23-5956 Eriq R. McCorkle v. Norm Robinson, Warden Sixth Circuit 2023-11-06 Denied Response WaivedIFP 14th-amendment 5th-amendment 6th-amendment barker-standard barker-v-wingo constitutional-rights material-witness pre-trial-delay prejudice sixth-amendment speedy-trial when-death-of-material-witness-occurs-during-pre-trial-delay
23-5938 Loren J. Larson, Jr. v. Alaska Alaska 2023-11-02 Denied Response WaivedIFP criminal-procedure criminal-trial due-process fair-trial fifth-amendment juror-testimony sixth-amendment structural-error Does the Sixth Amendment guarantee to a 'fair trial' implicitly require that the trial be free of structural error?
23-5926 Jahvaris Lamoun Springfield v. United States Ninth Circuit 2023-10-31 Denied Response WaivedRelisted (2)IFP constitutional-rights criminal-procedure due-process fair-trial fifth-amendment jury-misconduct no-impeachment-rule sixth-amendment Whether there is a constitutional exception to the no-impeachment rule codified in Federal Rule of Evidence 606(b) for instances where there is eviden…
23-5906 Carey Ackies v. United States First Circuit 2023-10-30 Denied Response WaivedRelisted (2)IFP civil-rights constitutional constitutional-rights direct-appeal due-process ineffective-assistance procedural-prerequisites sixth-amendment standing strickland-standard strickland-v-washington Whether Ackies has satisfied all procedural prerequisites necessary to file COA?
23-452 Michigan v. Anthony Joseph Veach Michigan 2023-10-30 Denied 6th-amendment child-rape child-victim courtroom-closure public-trial sixth-amendment technicality trial-court trial-procedure victim waller-standard Does the Sixth Amendment right to a public trial require subjecting the child rape victim to an automatic retrial based on a technicality when there a…
23-444 Steven Lee Moss v. Gary Miniard, Warden Sixth Circuit 2023-10-27 Denied Response RequestedResponse WaivedRelisted (2) 6th-amendment counsel-denial cronic-exception effective-assistance-of-counsel ineffective-assistance prejudice sixth-amendment state-action strickland-standard strickland-v-washington united-states-v-cronic Whether, when counsel is physically present, state action is required before a court may find a complete denial of counsel under Cronic
23-437 Anthony A. Anderson v. United States Armed Forces 2023-10-26 Denied constitutional-law court-martial criminal-prosecution due-process equal-protection liberty-interests property-interests sixth-amendment Does the United States Constitution require that a general court-martial guilty verdict be unanimous?
23-5891 Luis Alonso Hidalgo, III v. Tim Garrett, Warden, et al. Ninth Circuit 2023-10-26 Denied Response WaivedRelisted (2)IFP confrontation-clause constitutional-rights criminal-procedure double-jeopardy due-process ineffective-assistance ineffective-assistance-of-counsel joinder joint-trial sixth-amendment Did the Ninth Circuit err in denying Petitioner Hidalgo's claims of ineffective assistance of counsel, improper joinder, and improper convictions?
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
23-5886 Phillip Charles Gibbs v. Becky Carl, Warden Sixth Circuit 2023-10-25 Denied Response WaivedRelisted (2)IFP appellate-review automatic-reversal constitutional-violation habeas-corpus ineffective-assistance-of-counsel prejudice-analysis sixth-amendment state-practice strickland-standard strickland-v-washington unconstitutional-state-practice Whether prejudice under Strickland v. Washington, 466 U.S. 668 (1984), is shown by an attorney's failure to preserve a claim that would result in an a…
23-5861 Joseph Pierre v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2023-10-23 Denied Response WaivedRelisted (2)IFP brady-violation due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel kyles-v-whitley prosecutorial-misconduct sixth-amendment sixth-amendment-right Whether the Courts below decided an important federal question in a way that conflicts with the relevant decisions of this court
23-5839 Cesar Humberto Valencia-Terrazas v. United States Fifth Circuit 2023-10-19 Denied Response WaivedIFP case-law constitutional-interpretation criminal-procedure due-process judicial-discretion legal-precedent precedent-overruling sentencing sixth-amendment statutory-interpretation supreme-court supreme-court-review Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)?
23-416 Derek Michael Chauvin v. Minnesota Minnesota 2023-10-19 Denied Amici (1)Response Waived change-of-venue community-bias community-harm criminal-procedure juror-bias juror-prejudice presumed-prejudice sixth-amendment venue-change voir-dire Whether community harm and threat of harm is a presumed community bias and must be considered as a singular inquiry as an extreme case creating circum…
23-5833 Sean William Roulo v. Minnesota Minnesota 2023-10-18 Denied Response WaivedRelisted (2)IFP 6th-amendment double-jeopardy due-process equal-protection fair-notice fourteenth-amendment prosecutorial-misconduct right-to-counsel sixth-amendment Was the prosecutor's deliberate refusal to communicate with petitioner after filing formal charges, including withholding the court's summons and the …
23-5835 Sean Christopher Finnell v. United States Eleventh Circuit 2023-10-18 Denied Response RequestedResponse WaivedRelisted (2)IFP constitutional-rights criminal-defendants first-amendment internet-access packingham-v-north-carolina sex-offenders sixth-amendment supervised-release Whether the First Amendment right to access the internet recognized in Packingham applies to criminal defendants who are on supervised release
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
23-5794 Joseph Aiken v. Florida Florida 2023-10-16 Denied Response RequestedResponse WaivedRelisted (9)IFP 14th-amendment 6th-amendment constitutional-law constitutional-rights criminal-procedure felony felony-charges fourteenth-amendment jury-trial sixth-amendment Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony?
23-5801 Jeffery Ducote v. Tim Hooper, Warden Fifth Circuit 2023-10-16 Denied Response WaivedRelisted (2)IFP 14th-amendment 5th-amendment 6th-amendment constitutional-rights due-process fifth-amendment fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel right-to-testify sixth-amendment Whether Mr. Ducote's 5th, 6th, and 14th Amendment rights were violated when his right to testify was taken from him
23-5802 Erie Adams, aka Michael Johnson v. United States Sixth Circuit 2023-10-16 Denied Response WaivedIFP constitutional-rights criminal-procedure defense-counsel due-process habeas-corpus ineffective-assistance legal-precedent sixth-amendment strickland-standard strickland-v-washington Was the defense counsel ineffective under Strickland v. Washington?
23-5767 Fidel Flores v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2023-10-12 Denied Response WaivedIFP complainant-credibility credibility-determination expert-testimony harmless-error lay-testimony sixth-amendment strickland-prejudice strickland-standard Did the Fifth Circuit err in its review of Petitioner's Sixth Amendment claim and its evaluation of Strickland prejudice when it determined that repea…
23-5769 Brandon M. Jefferson v. Aaron D. Ford, Attorney General of Nevada, et al. Ninth Circuit 2023-10-12 Denied Response WaivedRelisted (2)IFP constitutional-law constitutional-rights counsel-right criminal-procedure due-process effective-assistance nevada-law right-to-counsel sixth-amendment state-law Did the petitioner have the Sixth Amendment right to be represented by legal counsel during all stages of his criminal prosecution in the state of Nev…
23-5753 Ben J. Latham v. Alaska Alaska 2023-10-11 Denied Response WaivedRelisted (2)IFP civil-rights due-process ex-post-facto fourteenth-amendment punishment punitive-law retroactivity right-to-counsel sentencing sixth-amendment Whether the retroactive application of a punitive ex post facto law is prohibited under the Fourteenth Amendment
23-5724 Taylor Scott Meece v. Wyoming Wyoming 2023-10-05 Denied Response WaivedIFP appellate-review constitutional-rights due-process fair-trial fourteenth-amendment fourth-amendment judicial-discretion prosecutorial-misconduct sixth-amendment supreme-court-procedure Did the Wyoming Supreme Court abuse its discretion in affirming the conviction and sentence?
23-5714 Cuhuatemoc Hinricky Peraita v. Alabama Alabama 2023-10-04 Denied Relisted (2)IFP appellate-review evidence-rule juror-misconduct jury-misconduct mattox-v-united-states no-impeachment-rule parker-v-gladden prior-convictions sixth-amendment trial-procedure verdict-challenge Did the Alabama Court of Criminal Appeals depart from this Court's decisions in Mattox v. United States, 146 U.S. 140 (1892) and Parker v. Gladden, 38…
23-5700 Paul Gray v. Louisiana Louisiana 2023-10-03 Denied Response WaivedIFP civil-rights constitutional-protection due-process equal-protection fourteenth-amendment judicial-economy montgomery-v-louisiana nonunanimous-verdict sixth-amendment Does the State of Louisiana have the right to invoke 'judicial economy' as a ruse for violations of constitutional guarantees?
23-5702 Ian A. Milaski v. Florida Florida 2023-10-03 Denied Relisted (2)IFP arbitrary-and-unreasonable continuance counsel-of-choice criminal-procedure due-process right-to-counsel sixth-amendment trial-court Whether the trial court's arbitrary and unreasonable denial of a continuance violated the Petitioner's Sixth Amendment rights
23-5678 Jasper Michael Wagner v. United States Fifth Circuit 2023-10-02 Denied Response WaivedIFP circuit-court-interpretation constitutional-law criminal-history criminal-procedure descamps-v-united-states gall-v-united-states judicial-fact-finding sentencing sentencing-guidelines sixth-amendment united-states-v-hernandez Whether judicial fact-finding as to past offenses during sentencing violates precedent and the Sixth Amendment
23-5686 David Calhoun v. United States Third Circuit 2023-10-02 Denied Response WaivedRelisted (2)IFP 5th-amendment civil-rights counsel-of-choice due-process fifth-amendment government-misconduct harmless-error kotteakos-v-united-states procedural-default sixth-amendment Whether the district court's resolution of the petitioner's Fifth Amendment due process claim was correct, given the government's multiple breaches of…
23-5692 Jose Ramon Andino-Morales v. United States First Circuit 2023-10-02 Denied Response WaivedIFP 6th-amendment acquitted-conduct criminal-procedure due-process fifth-amendment jury-trial jury-trial-right sentencing sixth-amendment Whether the Fifth and Sixth Amendments prohibit a federal court from basing a criminal defendant's sentence on conduct for which a jury has acquitted …
23A283 James T. Cunningham v. United States Armed Forces 2023-10-02 Presumed Complete courts-martial Fifth-Amendment service-members Sixth-Amendment UCMJ unanimous-verdict Whether service members accused of crimes are entitled to a unanimous verdict requirement under the Fifth and Sixth Amendments as applied to courts-ma…
23-5677 Rodtravion Woods v. Brian Cates, Warden Ninth Circuit 2023-09-29 Denied Response WaivedIFP constitutional-rights credibility credibility-challenge effective-assistance-of-counsel government-witness habeas-corpus impeachment-evidence ineffective-assistance prejudice sixth-amendment trial-counsel Was petitioner prejudicially denied his constitutional right to the effective assistance of counsel
23-5656 Stephen M. Cooke, Jr. v. Allen Gang, Warden, et al. Fourth Circuit 2023-09-27 Denied Response WaivedIFP confrontation-clause criminal-procedure due-process evidence fourteenth-amendment involuntary-statements post-indictment-statements right-to-counsel sixth-amendment undercover-agent Was Cooke's Sixth Amendment right to counsel violated?
23-321 Jerry J. Davis, Jr. v. United States Sixth Circuit 2023-09-27 Denied Response Waived certificate-of-appealability criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sixth-amendment strickland strickland-standard trial-counsel Whether the District Court and Sixth Circuit Erred When Both Found That Mr. Davis Was Not Entitled to the Issuance of a Certificate of Appealability f…
23-5634 Jacob M. Currey v. Illinois Illinois 2023-09-21 Denied Response WaivedIFP civil-rights constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel legal-standard plea-bargaining right-to-appeal sixth-amendment Whether the court clerk's refusal to file a pro se motion to withdraw guilty plea violates the petitioner's right to appeal
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
23-5620 Margaret A. Allen v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2023-09-20 Denied IFP capital-punishment certificate-of-appealability constitutional-rights due-process evidence ineffective-assistance ineffective-assistance-of-counsel mitigation sixth-amendment strickland-v-washington Whether the Eleventh Circuit flouted this Court's relevant decisions and precedent by declining to even grant a certificate of appealability regarding…
23-5609 Eric G. Banks, Sr. v. Anthony Brown, Attorney General of Maryland, et al. Fourth Circuit 2023-09-19 Denied Response WaivedIFP 5th-amendment court-error due-process eighth-amendment fifth-amendment fourteenth-amendment ineffective-counsel liberty prosecution-misconduct sixth-amendment Did the U.S. District Court violate the Petitioners 5th Amendment Constitutional Right
23-5599 Juan Manuel Amaya-Castaneda v. United States Fifth Circuit 2023-09-18 Denied Response WaivedIFP almendarez-torres appellate-review criminal-procedure judicial-discretion prior-conviction-exception prior-convictions sentencing sentencing-guidelines sixth-amendment Whether a party may obtain appellate relief when the district court fails to address substantial arguments for a sentence outside the Guideline range
23-5606 Samuel Valencia v. United States Fifth Circuit 2023-09-18 GVR Relisted (3)IFP alleyne-v-united-states apprendi-v-new-jersey armed-career-criminal-act constitutional-interpretation fifth-amendment indictment jury-trial prior-convictions sentencing-enhancement sixth-amendment Do the Fifth and Sixth Amendments require facts to prove a defendant's prior convictions were for offenses committed on 'occasions different from one …
23-5594 Brim Bell v. New Hampshire New Hampshire 2023-09-15 Denied Response WaivedRelisted (2)IFP confrontation-clause constitutional-rights criminal-procedure due-process false-testimony ineffective-assistance-of-counsel judicial-bias prosecutorial-misconduct sixth-amendment trial-procedure warrantless-search Whether trial-counsel erred by excluding the Defendant from the last two-days of trial?
23-5579 Fitzroy C. Morton v. Florida Florida 2023-09-14 Denied Response RequestedResponse WaivedRelisted (18)IFP constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition jury-trial sixth-amendment Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony?
23-5583 Fernando Lopez v. United States Fifth Circuit 2023-09-14 Denied Response WaivedIFP crime-of-violence double-counting felon-in-possession fifth-amendment preponderance-of-the-evidence preponderance-standard relevant-conduct sentencing sixth-amendment Whether alleged possession of a different gun 17 months after Mr. Lopez's charged felon-in-possession offense constituted relevant-conduct
23-242 Jonathan M. Martinez v. United States Armed Forces 2023-09-14 Denied Response RequestedResponse WaivedRelisted (2) 6th-amendment constitutional-rights criminal-procedure due-process jury-trial jury-unanimity military-conviction military-justice sixth-amendment unanimous-verdict uniform-code-military-justice Whether military convictions for serious offenses must be unanimous
23-5567 Carlos Gilbert Arellano-Ramirez v. Florida Florida 2023-09-13 Denied Response RequestedResponse WaivedRelisted (18)IFP 14th-amendment 6th-amendment constitutional-law constitutional-rights criminal-procedure felony felony-charges fourteenth-amendment jury-trial sixth-amendment Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony?
23-5570 Scottie Andrea Jackson v. Florida Florida 2023-09-13 Denied Response RequestedResponse WaivedRelisted (18)IFP constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition jury-trial sixth-amendment Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony?
23-5573 Lashun Tracy Tinnen v. United States Fourth Circuit 2023-09-13 Denied Response WaivedIFP constitutional-rights criminal-procedure defense-counsel habeas-corpus ineffective-assistance legal-precedent performance-evaluation right-to-counsel sixth-amendment strickland-standard strickland-test Was the defense counsel ineffective under Strickland v. Washington?
23-5574 Ramone L. Wright v. United States Sixth Circuit 2023-09-13 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process effective-assistance-of-counsel judicial-process notice-requirement self-representation sixth-amendment trial-preparation Whether the trial court's denial of the defendant's right to self-representation and effective assistance of counsel constitutes a violation of the Si…
23-5575 Andrew Sposato v. Florida Florida 2023-09-13 Denied Response RequestedResponse WaivedRelisted (18)IFP 14th-amendment 6th-amendment constitutional-rights criminal-procedure due-process felony felony-charge fourteenth-amendment jury-trial sixth-amendment Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony?
23A227 Calvin Cogdill v. United States Sixth Circuit 2023-09-11 Presumed Complete armed-career-criminal-act felon-in-possession-of-firearm mandatory-minimum-sentence predicate-offense preponderance-of-evidence sixth-amendment Whether the Armed Career Criminal Act's mandatory minimum sentence provision violates the Fifth or Sixth Amendment when a district court finds prior c…
23A225 Jeremie Saintvil v. United States Eleventh Circuit 2023-09-08 Presumed Complete bank-fraud-statute duplicitous-indictment fifth-amendment sixth-amendment surplusage venue-rights Whether a duplicitous indictment charging two distinct bank fraud subsections conjunctively as a single offense violates the Fifth and Sixth Amendment…
23-5540 Michael Rinaldi v. United States Third Circuit 2023-09-07 Denied Response WaivedIFP 6th-amendment acquitted-conduct criminal-sentencing double-jeopardy due-process fifth-amendment jury-trial ratio-decidendi sentencing sixth-amendment Whether the use of acquitted conduct sentencing violates the Due Process Clause and the Sixth Amendment right to a jury trial
23-5526 Adelfo Rodriguez-Mendez v. United States Third Circuit 2023-09-06 Denied Response WaivedIFP alleyne-standard constitutional-violation criminal-procedure drug-attribution evidence fifth-amendment fourteenth-amendment fourth-amendment post-conviction-sentencing sentencing sixth-amendment Whether attributing drugs post-conviction in an amount greater than what is charged in an indictment and greater than what the jury found is in violat…
23-5516 Angela Jane Johnson, et al. v. Victoria Fire and Casualty Company Sixth Circuit 2023-09-05 Rehearing Relisted (2)IFP criminal-procedure due-process judicial-process legal-review petition public-trial right-to-counsel sentencing sixth-amendment supreme-court writ-of-certiorari Whether the Sixth Amendment right to a public trial applies to a criminal defendant's sentencing hearing
23-5517 Kamar Laquan Cox v. United States Sixth Circuit 2023-09-05 Denied Response WaivedIFP acquittal criminal-sentencing double-jeopardy due-process fifth-amendment judicial-discretion jury-acquittal jury-trial sentencing sixth-amendment Whether the Fifth and Sixth Amendments prohibit a federal court from basing a criminal defendant's sentence on conduct for which a jury has acquitted …
23-5509 Vincent D. White, Jr. v. Michael Phillips, Warden Sixth Circuit 2023-09-01 Denied Response WaivedIFP adverse-effect concurrent-conflict conflict-of-interest constitutional-rights criminal-defense criminal-procedure due-process habeas-corpus hearsay-evidence ineffective-assistance 23-5508" mickens-standard post-conviction-relief sixth-amendment state-court trial-counsel Whether a state court's denial of post-conviction Whether a criminal-defense attorney, under indictment on charges of rape, kidnapping, and sexual assault, has a conflict of interest when simultaneous…
23-5484 Dion Ray Wheeler v. United States Fifth Circuit 2023-08-30 Denied Response WaivedIFP constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment sentencing sixth-amendment statutory-interpretation supervised-release Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments?
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…
23-5459 Maurice Turner v. Administrator, New Jersey State Prison, et al. Third Circuit 2023-08-28 Denied Response WaivedIFP co-defendant co-defendant-statements confrontation-clause criminal-procedure douglas-v-alabama due-process harmless-error pretrial-statements sixth-amendment testimony Whether the violation of the Confrontation Clause as explicated in Douglas v. Alabama was harmless error
23-5455 John A. Crane v. Florida Florida 2023-08-28 Denied Response RequestedResponse WaivedRelisted (18)IFP constitutional-rights criminal-defendant criminal-procedure due-process felony felony-charge fourteenth-amendment jury-trial sixth-amendment Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony?
23-5449 Antonio Rojas v. United States Fifth Circuit 2023-08-25 Denied Response WaivedIFP constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment sentencing sixth-amendment statutory-interpretation supervised-release Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments?
23-5453 Pedro Ramirez-Urbina v. United States Fifth Circuit 2023-08-25 Denied Response WaivedIFP 5th-amendment 6th-amendment alien-smuggling burden-of-proof causation causation-standard criminal-procedure due-process fifth-amendment sentence-enhancement sixth-amendment Whether the Fifth or Sixth Amendments prohibit conduct for which Ramirez was acquitted from being used to enhance his sentence for alien-smuggling
23A172 Bradley Wayne Berry v. Kirt Guerin, Warden Fifth Circuit 2023-08-25 Presumed Complete collateral-review constitutional-right jury-verdict retroactive-application sixth-amendment unanimous-jury Whether the Sixth Amendment requires retroactive application of the Ramos v. Louisiana unanimous jury verdict rule to state criminal convictions on co…
23A175 Phillip Charles Gibbs v. Becky Carl, Warden Sixth Circuit 2023-08-25 Presumed Complete courtroom-closure public-trial sixth-amendment strickland-prejudice structural-error voir-dire Whether the Sixth Amendment right to a public trial is violated by a trial court's closure of the courtroom during voir dire, and whether such a viola…
23-5427 Ranson Long Pumpkin v. United States Eighth Circuit 2023-08-24 Denied IFP confrontation-clause credibility credibility-evidence criminal-procedure cross-examination drug-usage drug-use evidence sixth-amendment Whether Long Pumpkiw's right to confrontation was denied
23-5434 Lamar Victor Moncrieffe v. United States Eleventh Circuit 2023-08-24 Denied Response WaivedIFP acquitted-conduct double-jeopardy fifth-amendment jury-determination jury-trial sentencing-enhancement sixth-amendment Whether a district court violates a defendant's Fifth Amendment and Sixth Amendment rights by basing a substantial four-level sentencing enhancement o…
23A164 Jesus Arley Munera-Gomez v. United States First Circuit 2023-08-23 Presumed Complete compulsory-process entrapment-defense fifth-amendment prosecutorial-discretion sixth-amendment use-immunity Whether the Fifth Amendment and Sixth Amendment right to compulsory process require the government to grant use immunity to a defense witness whose ex…
23-5410 Sedrick D. Russell v. J. Denmark Fifth Circuit 2023-08-21 Denied Response RequestedResponse WaivedRelisted (2)IFP civil-rights constitutional-rights criminal-procedure due-process exhaustion-doctrine habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prejudice pro-se-petition sixth-amendment standing Must a pro se petitioner alleging a complete denial of counsel specifically cite Cronic to exhaust his claim in the state court?
23-5400 Nathan Leon Branham v. Michigan Michigan 2023-08-18 Denied IFP compulsory-process curriculum-vitae defense-expert due-process expert-witness fourteenth-amendment right-to-present-defense sixth-amendment When can a defense expert be excluded for failure to timely file curriculum vitae?
23A152 Michael Lajeunesse v. Kris Karberg, Warden Eighth Circuit 2023-08-18 Presumed Complete fourteenth-amendment physician-patient-privilege prosecutorial-misconduct right-to-counsel sixth-amendment waiver-of-privilege Whether a state prosecutor may compel a defendant to waive physician-patient privilege without adequate constitutional safeguards protecting the defen…
23-5379 Everett Charles Wills, II v. Louisiana Louisiana 2023-08-17 Denied Response WaivedIFP actus-reus counsel-concession criminal-defendant-rights criminal-procedure ineffective-assistance-of-counsel mens-rea retroactivity right-to-counsel sixth-amendment trial-strategy When guilt is the sole issue for the jury to decide, is it permissible for counsel to unilaterally concede the essential elements (actus reus and mens…
23A129 Cuhuatemoc Peraita v. Alabama Alabama 2023-08-16 Presumed Complete capital-punishment extraneous-prejudicial-information jury-impartiality mitigation-evidence sixth-amendment waiver-of-rights Whether a capital defendant's waiver of mitigation evidence is knowing and voluntary under the Sixth and Fourteenth Amendments when the defendant suff…
23A135 Richard Langston v. Connecticut Connecticut 2023-08-15 Presumed Complete acquitted-conduct-sentencing due-process fourteenth-amendment jury-trial sentencing sixth-amendment Whether a state sentencing judge's explicit consideration of conduct for which a defendant was acquitted violates the defendant's rights under the Six…
23-5359 James Thomas Burke v. Nick Deml, Commissioner, Vermont Department of Corrections, et al. Second Circuit 2023-08-15 Denied Response WaivedIFP conflict-of-interest constitutional-rights criminal-procedure defense-counsel due-process effective-assistance effective-assistance-of-counsel right-to-counsel sixth-amendment Whether Americans are lawfully entitled to conflict free defense counsel?
23-5342 Roger Rachon Cooley v. United States Eighth Circuit 2023-08-11 Denied Response WaivedIFP barker-test barker-v-wingo constitutional-rights four-factor-balancing-test judicial-review motion-to-dismiss negligence prejudice sixth-amendment speedy-trial Did the lower courts err in analyzing the four factor balancing test outlined in Barker v. Wingo, 407 U.S. 514, (1972) when they denied Mr. Cooley's m…
23-5343 Scott Lindsay Halfhill v. Washington Washington 2023-08-11 Denied IFP alternative-suspect circumstantial-evidence criminal-procedure due-process fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel reasonable-doubt sixth-amendment Should this Court grant Certiorari when Halfhill was convicted of killing a man with intent upon nothing more than being one of many people in the vic…
23-5346 Marcrease Delance Farmer v. United States Eighth Circuit 2023-08-11 Denied Response WaivedRelisted (2)IFP constitutional-violation counsel-of-record due-process fifth-amendment juror-challenge racial-bias racial-identity sixth-amendment voir-dire Is it a constitutional Fifth and Sixth Amendment violation when during voir dire and motivated by a single juror's racial identity, Counsel of Record …
23-5324 Michael D. Beiter, Jr. v. United States Eleventh Circuit 2023-08-10 Denied Response WaivedRelisted (2)IFP 18-usc-3006a court-appointed-counsel criminal-procedure due-process forced-counsel right-to-counsel sixth-amendment statutory-interpretation waiver Whether a district court can force counsel upon a defendant
23-5325 Charles D. Adams v. Merit Systems Protection Board Federal Circuit 2023-08-10 Dismissed Response WaivedIFP agency-collusion civil-rights collusion-between-an-mda-ses-and-dia-is-wrong-and- constitutional-violations due-process employer-discrimination equal-justice-under-the-law evidence-withholding sixth-amendment standing Whether CAFC made an error in their decision to dismiss CAFC 2023-1212
23-5329 Charles D. Adams v. Merit Systems Protection Board Federal Circuit 2023-08-10 Dismissed Response WaivedIFP access-to-records adverse-action civil-rights discrimination discrimination-complaint due-process equal-employment-opportunity evidence-withholding retaliation sixth-amendment wrongful-termination Whether CAFC made an error in their decision to dismiss CAFC 2023-1213
23-5315 Jesse Dean Redfearn v. Oklahoma Oklahoma 2023-08-09 Denied IFP 42-usc-1983 civil-rights compulsory-process confrontation-clause criminal-procedure due-process sixth-amendment witness-obstruction Did the trial court and/or the prosecution violate the Sixth Amendment confrontation-clause and clearly-established-law by concealing the location of …
23-5319 Antoine L. Riggins v. Ken Hollibaugh, Superintendent, State Correctional Institution at Somerset, et al. Third Circuit 2023-08-09 Denied Response WaivedIFP brecht-exception brecht-v-abrahamson co-defendant-confession fair-trial fourteenth-amendment joint-trial sixth-amendment Is there an urgent need to further discuss the exception mentioned in Brecht v. Abrahamson 507 U.S. 619 (1993) where defendant's Sixth and Fourteenth …
23-5298 Edgar Sandoval Catarino v. California California 2023-08-08 Denied Response WaivedIFP criminal-procedure fourteenth-amendment jury-trial mandatory-minimum sentencing sixth-amendment Do the Sixth and Fourteenth Amendments confer a right to a jury trial with respect to a fact that has the dual effect of (1) increasing the mandatory …
23-5305 John Vaughn v. Nebraska Nebraska 2023-08-08 Denied Response WaivedIFP automobile-exception commercial-trains confrontation-clause fourth-amendment plain-smell-exception probable-cause search-and-seizure sixth-amendment warrant-requirement Does the automobile exception to the warrant requirement of the Fourth Amendment apply to commercial trains?
23-5294 Micky Don Wade v. Texas Texas 2023-08-07 Denied IFP criminal-procedure cronic-standard due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sixth-amendment strickland-standard Whether a state court may evaluate a Cronic claim under the more burdensome standard of Strickland
23-5295 Custodio Carrasco-Garcia v. United States Fifth Circuit 2023-08-07 Denied Response WaivedIFP counsel-performance criminal-procedure due-process ineffective-assistance right-to-appeal sixth-amendment strickland-standard strickland-v-washington Was the defense counsel ineffective in not automatically filing a notice of appeal?
23-5296 Leonel Marin-Torres v. United States Ninth Circuit 2023-08-07 Denied Response WaivedIFP criminal-justice-reform effective-assistance-of-counsel equitable-relief first-step-act guidelines-range ineffective-assistance pro-se-representation sentencing-guidelines sixth-amendment Whether a district court complies with Concepcion v. United States when deciding a First Step Act motion
23-5285 Asmerom Gebreselassie v. Gigi Matteson, Warden Ninth Circuit 2023-08-04 Denied Response WaivedIFP certificate-of-appealability conflict-of-interest court-of-appeals docket-entry ninth-circuit procedural-history retained-counsel right-to-counsel sixth-amendment unreasonable-determination-of-fact Did the Ninth Circuit Court of Appeals err in failing to grant a certificate of appealability?
23-5289 Willie Seth Crain, Jr. v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2023-08-04 Denied IFP appellate-review constitutional-rights criminal-procedure due-process evidence-sufficiency fourteenth-amendment ineffective-assistance pleadings sixth-amendment sufficiency-of-evidence Is it a violation of the Fourteenth Amendment right to Due Process to allow a conviction to stand where some of the elements of the crime were not est…
23-95 Philip Esformes v. United States Eleventh Circuit 2023-08-02 Denied attorney-client-privilege criminal-procedure disqualification forfeiture judicial-fact-finding prejudice prosecutorial-misconduct sixth-amendment Whether a criminal defendant must show actual prejudice to establish a Sixth Amendment violation warranting dismissal of the indictment or disqualific…
23-91 Nolan Marcus Forness, II v. Virginia Virginia 2023-08-01 Denied Response Waived body-cameras compulsory-process confrontation-clause due-process evidence-preservation fifth-amendment fourteenth-amendment sixth-amendment Defendant's right to access law enforcement recordings
23-92 James Edwin Hoganson v. Colorado Colorado 2023-08-01 Denied aggravating-circumstances apprendi-v-new-jersey blakely-v-washington constitutional-rights criminal-sentencing due-process jury-determination jury-trial reasonable-doubt sixth-amendment Whether the Sixth Amendment requires the existence of 'extraordinary aggravating circumstances' to be submitted to the jury and found beyond a reasona…
23-5248 Nikolas Gacho v. Tyrone Baker, Warden Seventh Circuit 2023-08-01 Denied Response WaivedIFP 28-usc-2254 6th-amendment certificate-of-appealability conflict-of-interest due-process evidentiary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-negotiations sixth-amendment Should the 7th Circuit Court of Appeals have issued a certificate of appealability
23-5253 Youssef Hoballah v. Virginia Virginia 2023-08-01 Denied IFP appeal-procedure constitutional-rights criminal-procedure double-jeopardy due-process evidence plea-bargaining sentencing sixth-amendment structural-error trial-procedure Whether the defendant's plea agreement was invalid, and the defendant's conviction should be vacated, due to the defendant being incarcerated on an un…
23-5226 Cornelius Michael Turner v. United States Eleventh Circuit 2023-07-27 Denied Response WaivedIFP armed-career-criminal-act criminal-procedure judicial-factfinding occasions-clause sentencing sentencing-enhancement sixth-amendment wooden-v-united-states Whether a defendant's Armed Career Criminal Act sentence may be affirmed when the lower court fails to properly apply this Court's occasions clause te…
23-81 Douglas D. McCall v. Florida Florida 2023-07-27 Denied Response Waived constitutional-rights criminal-defendant criminal-defendant-rights extrinsic-evidence fourteenth-amendment minor-victim prior-inconsistent-statement sixth-amendment Whether a state evidentiary rule prohibiting the introduction of extrinsic evidence of an alleged minor victim's prior inconsistent statement must yie…
23-5192 Phiet The Doan v. California California 2023-07-25 Denied Response WaivedIFP due-process equal-protection excessive-fine fourteenth-amendment jury-trial restitution sixth-amendment victim-restitution Did Mr. Doan have a Sixth and Fourteenth Amendment right to a jury trial on whether he owed almost $64,000 in victim restitution?
23A65 Jacob Hilbert v. Missouri Missouri 2023-07-24 Presumed Complete bench-trial criminal-procedure fourteenth-amendment jury-trial-waiver sixth-amendment valid-waiver Whether the Sixth Amendment requires that a waiver of the right to a jury trial in a criminal proceeding must be made personally by the defendant, or …
23-5162 DeMario B. Griffin v. United States Eighth Circuit 2023-07-21 Denied Response WaivedIFP circuit-court criminal-procedure direct-appeal due-process fifth-amendment jurisdiction mandate-recall right-to-counsel sixth-amendment Does Griffin have a right to counsel on his first direct appeal under the Fifth Amendment?
23-5171 Natoya Cunningham v. Florida Florida 2023-07-21 Denied Response RequestedResponse WaivedRelisted (19)IFP constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition sixth-amendment trial-by-jury Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony?
23-5173 Jose Luis Guzman v. Florida Florida 2023-07-21 Denied Response RequestedResponse WaivedRelisted (18)IFP constitutional-rights criminal-procedure criminal-trial due-process felony felony-proceedings fourteenth-amendment jury-composition jury-trial sixth-amendment Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony?
23-5140 Ralph Castillo v. Richard Martinez, Warden, et al. New Mexico 2023-07-19 Denied IFP aggravating-circumstances criminal-rights due-process jury-determination jury-trial plea-agreement plea-bargaining sentencing-enhancement sentencing-procedure sixth-amendment Was it proper for the state to intentionally mislead the court
23-5125 Justin Lewis v. United States Eleventh Circuit 2023-07-18 Denied Response WaivedIFP appellate-review constitutional-rights criminal-procedure double-jeopardy due-process fifth-amendment habeas-corpus ineffective-assistance jurisdiction sixth-amendment Whether the Double Jeopardy Clause prohibits the government from prosecuting a defendant for the same offense after a court has previously denied the …
23A36 Jerry J. Davis, Jr. v. United States Sixth Circuit 2023-07-17 Presumed Complete 28-USC-2255 effective-assistance-of-counsel franks-issue habeas-corpus motion-to-suppress sixth-amendment Whether trial counsel's failure to adequately challenge inadmissible evidence through a meaningful motion to suppress, appellate counsel's failure to …
23A37 Patrick Bowie v. William Lee, Superintendent, Greenhaven Correctional Facility Second Circuit 2023-07-14 Presumed Complete confrontation-clause crawford-v-washington fourteenth-amendment ineffective-assistance-of-counsel sixth-amendment strickland-v-washington Whether the admission of an unproduced witness's statements without the defendant's opportunity to confront the witness violates the Sixth Amendment C…
23A27 Ranson Long Pumpkin v. United States Eighth Circuit 2023-07-13 Presumed Complete carjacking confrontation-clause crime-of-violence fair-trial firearm-discharge sixth-amendment Whether the Sixth Amendment's Confrontation Clause was violated in petitioner's trial for carjacking resulting in serious bodily injury and firearm di…
23-5088 Quinton Troy Hall v. United States Sixth Circuit 2023-07-13 Denied Response WaivedIFP constitutional-rights due-process jury jury-finding methamphetamine methamphetamine-distribution preponderance-of-evidence sentencing sixth-amendment Was it a violation of the United States Constitution, Sixth Amendment when the trial court sentenced the petitioner to a term of 360 months
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 …
23-5081 Ronnie R. Lovell v. United States Sixth Circuit 2023-07-12 Denied Response WaivedIFP armed-career-criminal-act burden-of-proof criminal-procedure fifth-amendment jury-trial preponderance-of-evidence sentencing-enhancement sixth-amendment Can a district court judge determine that an individual's prior offenses occurred 'on occasions different,' as required by the Armed Career Criminal A…
23-5085 Andre Rene Williams v. United States Fifth Circuit 2023-07-12 Denied Response WaivedIFP acca constitutional-rights due-process fifth-amendment jury-trial non-elemental-facts preponderance-standard sentencing sentencing-enhancement sixth-amendment sixth-amendment-jury-trial Whether the Constitution permits a sentencing judge to find non-elemental facts by a preponderance of the evidence and then rely on those facts to imp…
23A28 Moses Crowe v. United States Eighth Circuit 2023-07-12 Presumed Complete carjacking confrontation-clause eighth-circuit fair-trial firearm-possession sixth-amendment Whether the Eighth Circuit violated the Confrontation Clause of the Sixth Amendment and denied Mr. Crowe his constitutional right to a fair trial in h…
23-5034 Omar Francisco Orduno-Ramirez v. United States Tenth Circuit 2023-07-05 Denied IFP attorney-client-privilege confidential-communications due-process prosecutorial-misconduct sentencing sentencing-phase sixth-amendment structural-error When prosecutors intentionally and without any legitimate law-enforcement justification access confidential attorney-client communications before sent…
23-5037 Patrick L. Martinez v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2023-07-05 Denied Relisted (3)IFP due-process equal-protection habeas-corpus indigent-prisoners ineffective-assistance ineffective-assistance-of-counsel sixth-amendment texas-criminal-procedure Do Texas procedures for postconviction habeas corpus violate the Sixth Amendment and deny indigent prisoners equal protection and due process of law b…
23-5039 Thomas E. Creech v. Tim Richardson, Warden Ninth Circuit 2023-07-05 Denied Amici (1)IFP capital-sentencing death-row eighth-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel psychopathy sixth-amendment Whether evidence of or reference to psychopathy should be treated as potentially mitigating or as categorically aggravating in capital sentencings
23-5003 Monty J. Banister v. Kansas Kansas 2023-06-30 Denied Response WaivedIFP criminal-procedure duty-to-consult effective-assistance-of-counsel ineffective-assistance notice-of-appeal post-conviction-relief roe-v-flores-ortega sixth-amendment trial-counsel Does this Court's decision in Roe v. Flores-Ortega establish a rebuttable presumption of Sixth Amendment duty to consult client post-conviction?
22-7901 Samuel Howard v. Renee Baker, Warden Ninth Circuit 2023-06-29 Denied Response WaivedIFP conflict-of-interest criminal-defense criminal-procedure habeas-corpus ineffective-assistance judicial-inquiry legal-representation prejudice right-to-counsel sixth-amendment Sixth-Amendment-violation
22-7902 Saul Navarrete De La Cerda v. United States Fifth Circuit 2023-06-29 Denied Response WaivedIFP almendarez-torres apprendi-v-new-jersey common-law constitutional-interpretation criminal-procedure notice-clause prior-conviction prior-conviction-exception sixth-amendment Whether the prior-conviction exception from Almendarez-Torres can be squared with the text of the Sixth Amendment's Notice Clause and the historical p…
22-7906 Lamar McDonald v. United States Fifth Circuit 2023-06-29 Denied Response WaivedIFP apprendi-standard criminal-procedure due-process fifth-amendment sentencing sixth-amendment statutory-interpretation sufficiency-of-evidence void-for-vagueness Is Apprendi v. New Jersey Still Good Caselaw?
22-7877 Corey Coggins v. Murray Tatum, Warden Georgia 2023-06-27 Denied Response RequestedResponse WaivedRelisted (2)IFP constitutional-rights due-process fourth-amendment ineffective-assistance ineffective-assistance-of-counsel joint-defense-agreement sixth-amendment strickland-standard strickland-v-washington trial-strategy Is it ineffective assistance of counsel for a court-appointed attorney to enter into a joint defense agreement without client consent, waiving 4th Ame…
22-7863 Osvaldo Castelan-Saucedo v. United States Fifth Circuit 2023-06-26 Denied Response WaivedIFP Almendarez-Torres case-precedent court-of-appeals criminal-procedure due-process fifth-circuit jury-trial legal-review sentencing Sixth-Amendment supreme-court writ-of-certiorari Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)?
22-7846 Vance Collins v. United States Second Circuit 2023-06-22 Denied Response WaivedIFP bruton-v-united-states codefendant codefendant-statement confrontation-clause crawford-v-washington criminal-procedure hearsay out-of-court-statement sixth-amendment Whether a defendant's rights under the Confrontation Clause are violated by the admission of a non-testifying codefendant's out-of-court statement
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?
22-7834 Marshall Henry Ellis v. Oklahoma Oklahoma 2023-06-21 Denied IFP 14th-amendment 6th-amendment constitutional-rights discovery due-process evidentiary-hearings fifth-amendment fourteenth-amendment prejudicial-hearsay sixth-amendment supremacy-clause Has the State of Oklahoma denied my rights under the Fifth, Sixth and Fourteenth Amendments?
22-7837 Carlos Delgado-Adame v. United States Fifth Circuit 2023-06-21 Denied Response WaivedIFP almendarez-torres apprendi apprendi-v-new-jersey historical-practices notice-clause prior-conviction prior-conviction-exception recidivism-enhancement sixth-amendment Whether the prior-conviction exception from Almendarez-Torres can be squared with the text of the Sixth Amendment's Notice Clause and the historical p…
22-7803 Aaron Joel Oliphant v. Montana Montana 2023-06-16 Denied Response WaivedIFP appeal criminal-procedure due-process expert-consultation ineffective-assistance ineffective-assistance-of-counsel right-to-counsel sixth-amendment strickland-standard strickland-v-washington trial-counsel Did the Montana Supreme Court incorrectly apply Strickland?
22-7808 Elroy Pedro Gomez v. William Joe Sullivan, Warden Ninth Circuit 2023-06-16 Denied Response WaivedIFP California-Supreme-Court criminal-procedure Due-process Equal-protection Habeas-corpus ineffective-assistance plea-bargain Sentencing-enhancements Sixth-Amendment Ineffective-assistance-of-counsel
22-7809 Brandy Bain Jennings v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2023-06-16 Denied IFP constitutional-rights due-process effective-assistance-of-counsel habeas-corpus ineffective-assistance mitigation-evidence postconviction-proceedings postconviction-relief sixth-amendment strickland-standard strickland-v-washington Whether the Eleventh Circuit's analysis of ineffective assistance of counsel claims fails to protect the Sixth Amendment right to effective assistance…
22-7793 Nedeltcho Vladimirov v. United States Fourth Circuit 2023-06-15 Denied Response WaivedIFP confrontation-clause covid-19-restrictions criminal-procedure due-process fair-trial less-restrictive-alternatives sixth-amendment speedy-trial witness-testimony Whether the Confrontation Clause of the Sixth Amendment is violated by requiring all trial witnesses to testify with masks
22-7797 Anurag Dass v. United States Fifth Circuit 2023-06-15 Denied Response WaivedIFP criminal-justice due-process fundamental-rights ineffective-assistance ineffective-assistance-of-counsel money-laundering plea-bargaining right-to-counsel sixth-amendment Whether the 5th Circuit erred in affirming the district court's decision that allowed to convict Petitioner of money laundering based on transactions …
22-7772 Stanley Jackson, III v. United States Sixth Circuit 2023-06-13 Denied Response WaivedIFP armed-career-criminal-act constitutional-rights criminal-sentencing due-process jury-factfinding jury-trial prior-convictions sentencing sixth-amendment Whether the Constitution requires an indictment, jury trial, and proof beyond a reasonable doubt to find a defendant's prior convictions were 'committ…
22-7758 Steven Keith Hunley v. United States Sixth Circuit 2023-06-12 Denied Response WaivedIFP armed-career-criminal-act constitutional-violations criminal-procedure fifth-amendment indictment jury-factfinding lower-courts-error preponderance-of-evidence sixth-amendment Can a district court judge determine that an individual's prior offenses occurred 'on occasions different' by a preponderance of the evidence or do th…
22-7744 Gregory Bartunek v. United States Eighth Circuit 2023-06-09 Denied Response WaivedIFP certificate-of-appealability confrontation-clause due-process habeas habeas-corpus ineffective-assistance-of-counsel sixth-amendment speedy-trial Did the Court of Appeals abuse its discretion, violating Bartunek's due-process rights, by failing to issue a Certificate of Appealability?
22-1195 Phillip Robinson v. United States Seventh Circuit 2023-06-09 Denied Response Waived acquitted-conduct criminal-sentencing due-process fifth-amendment jury-trial sentencing sixth-amendment Whether the Fifth and Sixth Amendments prohibit a federal court from basing a criminal defendant's sentence on conduct for which a jury has acquitted …
22-7723 Wesley Jorome Harris v. United States Fifth Circuit 2023-06-06 Denied Response WaivedIFP constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment parole sentencing sixth-amendment statutory-interpretation supervised-release Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments?
22-7706 Johnny Taylor v. Jeff Tanner, Acting Warden Sixth Circuit 2023-06-05 Dismissed Response RequestedResponse WaivedIFP complete-denial-of-counsel critical-stage evidentiary-hearing habeas-corpus ineffective-assistance-of-counsel prejudice presumption-of-prejudice sixth-amendment sixth-circuit If an attorney's deficiency is grave enough, criminal defendants do not need to demonstrate prejudice to prove ineffective-assistance-of-counsel
22-7698 Tristan Kareem Davis v. United States Eighth Circuit 2023-06-02 Denied Response WaivedIFP administrative-law appointments-clause civil-rights constitutional-interpretation due-process executive-power senate-confirmation sentencing sixth-amendment statutory-maximum tenth-amendment territorial-governance Whether the court exceeded its authority by not having a jury at the sentencing hearing to sentence Davis beyond the statutory maximum
22-7681 Jason Harriman v. United States Eighth Circuit 2023-06-01 Denied Response WaivedIFP brady-violation due-process eighth-amendment evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel sixth-amendment whether-the-government-violated-constitutional-rights
22-7686 Daniel Dorado v. California California 2023-06-01 Denied IFP civil-rights criminal-procedure due-process equal-protection first-amendment fourteenth-amendment miranda-rights rape-cases sentencing sixth-amendment Question not identified
22-7689 Jose Guadalupe Romero Torres v. United States Fifth Circuit 2023-06-01 Denied Response WaivedIFP almendarez-torres apprendi-v-new-jersey constitutional-interpretation criminal-procedure historical-practices notice-clause prior-conviction prior-conviction-exception sixth-amendment Whether the prior-conviction exception from Almendarez-Torres can be squared with the text of the Sixth Amendment's Notice Clause and the historical p…
22-7673 James Michael Wells v. United States Ninth Circuit 2023-05-31 Denied Response WaivedIFP anonymous-jury apprendi-rights criminal-procedure due-process jury-selection jury-trial public-trial restitution-order sixth-amendment Whether a criminal defendant has a Sixth Amendment right to a public jury
22-7676 Rene Lugo-Barcenas v. United States Eighth Circuit 2023-05-31 Denied Response WaivedIFP constitutional-rights drug-purity due-process equal-protection methamphetamine methamphetamine-sentencing sentencing-guidelines sixth-amendment ussg-2d1.1 Does the fifth amendment's due process and equal protection rights guard against disparate sentences created by the Methamphetamine Drug Table under U…
22-7660 Damon L. Buford v. United States Eighth Circuit 2023-05-30 Denied Response RequestedResponse WaivedRelisted (2)IFP armed-career-criminal-act fifth-amendment judicial-factfinding occasions-clause plain-error predicate-offenses sixth-amendment Whether a defendant's Armed Career Criminal Act sentence may be affirmed when the lower court fails to properly apply this Court's occasions clause te…
22-7661 Michael D. Beiter, Jr. v. United States Eleventh Circuit 2023-05-30 Denied Response WaivedIFP access-to-counsel constitutional-rights counsel-termination criminal-procedure discovery due-process fifth-amendment pro-se-defense sixth-amendment Whether a defendant who continually terminated (FIRED) his/her counsel ab initio of the proceedings and throughout the proceedings can gain access to …
22-7652 Mark A. Jones v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2023-05-26 Denied Response WaivedRelisted (2)IFP constitutional-rights counsel-communication criminal-procedure deadline-extension effective-assistance-of-counsel ineffective-assistance missouri-v-frye plea-bargaining sixth-amendment Whether the Sixth Amendment duty to communicate a plea offer extends to communicating a plea offer deadline extension
22-7637 Michael D. Beiter, Jr. v. United States Eleventh Circuit 2023-05-25 Denied Response WaivedIFP circuit-court constitutional-rights district-court due-process forced-counsel jurisdiction pro-se-representation right-to-counsel sixth-amendment vagueness Whether a district court can force counsel upon a person even without inquiring the provisions set forth in §3006(A)
22-7642 Julio Angel Torrez, Jr. v. California California 2023-05-25 Denied Relisted (3)IFP doyle-v-ohio due-process estelle-v-mcguire evidence-admission fair-trial fifth-amendment fourteenth-amendment jury-trial people-v-medina right-to-silence sixth-amendment Whether the rule of Doyle v. Ohio applies to private conversations and selective silence
22-7632 Kristofer D. Garrett v. Ohio Ohio 2023-05-24 Denied IFP capital-defendant plain-error-test public-trial sixth-amendment structural-error substantial-rights Does a state court finding of structural error, based on a violation of a capital defendant's Sixth Amendment right to a public trial, satisfy the pla…
22-7617 David Anthony Battle v. United States Ninth Circuit 2023-05-23 Denied Response WaivedIFP barker-factors constitutional-rights covid-19 covid-19-delay dismissal-with-prejudice due-process jury-trial pretrial-incarceration sixth-amendment speedy-trial Whether the district court failed to make proper ends of justice findings to justify a sixteen month delay in the trial
22-7620 Timothy Sean Coogle v. United States Fourth Circuit 2023-05-23 Denied Response WaivedIFP civil-rights criminal-procedure due-process entrapment evidence-sufficiency fabricated-evidence ineffective-assistance ineffective-assistance-of-counsel insufficient-evidence sixth-amendment strickland-standard Question not identified
22-7609 Akiaz Marqiez King v. United States Ninth Circuit 2023-05-22 Denied Response WaivedIFP 28-usc-2255 federal-habeas federal-procedure habeas-corpus ineffective-assistance ineffective-assistance-of-counsel reed-v-goertz sixth-amendment state-law-interpretation statute-of-limitations Whether the one-year statute of limitations under 28 U.S.C. § 2255(f) for filing a federal habeas petition commenced when the state trial court denied…
22-7604 Harbans Singh v. United States Ninth Circuit 2023-05-19 Denied IFP confrontation-clause criminal-procedure due-process hearsay immigration interpreter-testimony sixth-amendment Whether an interpreter's hearsay statements are subject to Confrontation Clause analysis, particularly when the statements themselves constitute the c…
22-7595 Arnoldo Navarette v. Vincent Horton, Warden, et al. Tenth Circuit 2023-05-18 Denied Response WaivedIFP criminal-procedure effective-assistance-of-counsel evidence ineffective-assistance-of-counsel sixth-amendment trial Whether the defendant's Sixth Amendment right to effective assistance of counsel was violated when his defense attorney failed to present certain evid…
22-7579 Keith Grant Schneider v. Florida Florida 2023-05-17 Denied Response WaivedIFP anders-brief anders-v-california appellate-procedure appellate-review constitutional-right counsel-appointment due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel post-conviction-relief sixth-amendment Whether the appellate court has a duty to conduct a full review of the record under Anders v. California when appointed counsel files an Anders brief …
22-7585 Enrique Roberto Villarreal v. United States Fifth Circuit 2023-05-17 Denied Response WaivedIFP constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment sentencing sixth-amendment statutory-interpretation supervised-release Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments?
22-7557 Germaine Coulter, Sr., aka Slim v. United States Tenth Circuit 2023-05-16 Denied Response WaivedIFP due-process fair-trial hearsay-testimony juror-coercion jury-coercion jury-deliberation jury-deliberations prosecutorial-misconduct sixth-amendment Whether Mr. Coulter's Sixth Amendment rights were violated
22-7559 Brenda Sensing and Dennis Sensing v. United States Fifth Circuit 2023-05-16 Denied Response WaivedIFP bearden-v-georgia due-process fifth-amendment restitution-collection right-to-counsel show-cause-hearing sixth-amendment Can a district court initiate restitution collection proceedings?
22-1115 Chris Noel Tagunicar v. California California 2023-05-15 Denied bill-of-rights courtroom-access covid-19 covid-19-restrictions criminal-defendant first-amendment media public-trial sixth-amendment Does the Sixth Amendment public trial right mean that members of the public have a right to be physically present in the courtroom during the trial, i…
22-7539 Stacy Gallman v. United States Third Circuit 2023-05-12 Denied Response RequestedResponse WaivedRelisted (2)IFP court-proceedings criminal-procedure cross-examination evidence evidence-ruling jury-selection public-trial sixth-amendment Whether the Sixth Amendment's public trial guarantee extends to proceedings after a jury has been seated in which the court rules on challenged eviden…
22-7543 Dwayne Mitchell Littlejohn v. United States Fourth Circuit 2023-05-12 Denied Response WaivedIFP all-writs-act coram-nobis criminal-procedure custody due-process ineffective-assistance-counsel ineffective-assistance-of-counsel novelty-of-legal-interpretation sixth-amendment Whether a defendant's reliance on erroneous advice from counsel, the Court of Appeals and novelty of a legal interpretation constitutes 'valid reasons…
22-7528 Joshua Omar Garcia v. United States Tenth Circuit 2023-05-11 Denied IFP circuit-split constitutional-rights due-process federal-prosecution sixth-amendment sovereign-delay speedy-trial state-prosecution Under what circumstances is waiting for another sovereign to complete their proceedings against a defendant a justifiable reason for delay under the S…
22-7532 In Re Rex Gard 2023-05-11 Denied IFP criminal-justice cruel-and-unusual-punishment due-process equal-protection ex-post-facto ineffective-assistance ineffective-assistance-of-counsel plea-bargaining sentencing sixth-amendment Is Petitioner actually innocent and has a miscarriage of justice occurred?
22-7515 Juan Andrade-Moreno v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2023-05-10 Denied IFP 6th-amendment civil-rights constitutional-rights criminal-procedure due-process habeas-corpus indigent-defense ineffective-assistance ineffective-assistance-of-counsel procedural-default right-to-counsel sixth-amendment Whether the Supreme Court's decision in Strickland v. Washington, 466 U.S. 668 (1984), is unconstitutional under the United States Constitution?
22-1097 Don Fitzgerald Hancock v. United States District of Columbia 2023-05-10 Denied Response Waived confrontation-clause due-process effective-assistance-of-counsel plain-error religious-freedom religious-garment sixth-amendment witness-testimony Whether the Sixth Amendment right to confront and cross-examine witnesses was violated by allowing the sole witness to testify in a niqab
22-1090 Christopher David Tarpey v. Wyoming Wyoming 2023-05-09 Denied Response RequestedResponse WaivedRelisted (2) constitutional-rights criminal-procedure defendant-waiver due-process fundamental-right personal-right public-trial sixth-amendment waiver Is the Sixth Amendment right to a public trial a fundamental right that is personal to the defendant such that waiver must be on the record by the def…
22-7487 Travis Carter v. Louisiana Louisiana 2023-05-09 Denied Response WaivedIFP civil-rights constitutional-rights due-process fourteenth-amendment judicial-economy montgomery-precedent montgomery-v-louisiana sixth-amendment standing state-v-reddick takings Does the State of Louisiana have the right to invoke 'judicial-economy' as a defense for constitutional-violations
22-7501 Leon Caril, II v. Washington Washington 2023-05-09 Denied IFP appeals-process criminal-procedure double-jeopardy due-process improper-witness-testimony ineffective-assistance-of-counsel legal-errors sentencing-errors sentencing-review sixth-amendment witness-testimony Whether the petitioner's constitutional rights were violated by the issues raised regarding double jeopardy, ineffective assistance of counsel, improp…
22-7485 Daniel Isaiah Thody v. United States Sixth Circuit 2023-05-08 Denied Response WaivedIFP civil-rights constitutional-challenge due-process jury-trial sentencing sentencing-procedure sixth-amendment statutory-interpretation supervised-release united-states-v-haymond Whether the current implementation of Supervised Release, (18 U.S.C. §3583), as a 'separate sentence' in addition to the 'sentence of imprisonment', i…
22-7468 Donatus O. Mbanefo v. United States Eleventh Circuit 2023-05-05 Denied Response WaivedIFP 14th-amendment constitutional-deficiency criminal-procedure due-process equal-protection minority-rights selective-prosecution sixth-amendment trial-counsel Whether the lower courts erred by lending themselves to a prosecution that intentionally selected minority physicians for prosecution in violation of …
22-1068 Gary Paul Kirkman v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2023-05-04 Denied certificate-of-appealability confrontation-clause crawford-v-washington criminal-procedure cross-examination due-process melendez-diaz-v-massachusetts sane-records sixth-amendment Whether the Fifth Circuit erred in denying Gary Paul Kirkman's request for a certificate of appealability
22-7429 Melecio Santana Delacruz, aka Ricardo Vergara v. Texas Texas 2023-05-01 Denied IFP credibility-determination habeas-corpus ineffective-assistance ineffective-assistance-of-counsel perjury record-evidence sixth-amendment Whether a credibility determination with no or contrary record evidence can trump a clearly record-supported claim that proves an attorney has present…
22-7400 Maurice Morrison v. Massachusetts Massachusetts 2023-04-28 Denied Response WaivedIFP confrontation-clause confrontation-rights criminal-procedure due-process evidence fourteenth-amendment judicial-protection jury-deliberations jury-trial sixth-amendment trial-evidence Whether a juror's communication to the jury during deliberations of highly prejudicial specialized factual information that was based on his professio…
22-7391 Joshua G. Stegemann v. United States Second Circuit 2023-04-27 Denied Response WaivedIFP asset-forfeiture constitutional-rights counsel-performance criminal-procedure ineffective-assistance ineffective-assistance-of-counsel plea-bargaining right-to-counsel sixth-amendment Was the lawyer's advice objectively unreasonable under the Sixth Amendment's guarantee to effective assistance of counsel?
22-7374 Earl McCoy v. United States Second Circuit 2023-04-26 Denied IFP court-of-appeals due-process false-statements juror-bias jury-selection mcdonongh-test mcdonough-standard new-trial sixth-amendment voir-dire whether-the-court-of-appeals-misapplied-mcdonongh
22-7378 Patrick Ellis Cochran v. Harold W. Clarke, Director, Virginia Department of Corrections Fourth Circuit 2023-04-26 Denied Response WaivedIFP 6th-amendment constitutional-rights criminal-procedure custody due-process ineffective-assistance plea-bargaining plea-negotiations sixth-amendment speedy-trial Was Petitioner's right to a speedy trial under the 6th Amendment denied?
22-7382 Tarus Vandell Sales v. Texas Texas 2023-04-26 Denied IFP actual-innocence constitutional-rights criminal-procedure death-penalty eighth-amendment enmund-v-florida fourteenth-amendment habeas-corpus law-of-parties sixth-amendment tison-v-arizona Whether Mr. Sales's death sentence violates the Sixth, Eighth, and Fourteenth Amendments
22-7363 David Vahlkamp v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2023-04-25 Denied Response WaivedIFP civil-procedure equitable-tolling gross-negligence habeas-corpus holland-v-florida ineffective-assistance postconviction-attorney postconviction-relief reasonable-diligence sixth-amendment Whether the Petitioner is entitled to equitable tolling in light of his postconviction attorney's gross negligence
22-7369 Sydney Tyrone Mays v. Illinois Illinois 2023-04-25 Denied IFP civil-rights criminal-procedure due-process evidence ineffective-assistance prior-statement right-to-counsel sixth-amendment trial-integrity witness Does a witness's prior inconsistent statement preclude the witness from testifying about the subject matter?
22-7358 In Re Ronnie Dante Thomas 2023-04-24 Denied IFP collateral-challenge due-process habeas-corpus juvenile-adjudication procedural-bar sentencing-enhancement sixth-amendment Is the Sixth Circuit's application of 28 U.S.C. § 2244(b)(3)'s procedural bar to a collateral challenge to a prior juvenile adjudication that was used…
22-7345 Ali F. Elmezayen v. United States Ninth Circuit 2023-04-21 Denied Response WaivedIFP civil-rights criminal-procedure domestic-abuse due-process fair-trial impartial-jury jury-selection sixth-amendment voir-dire Whether a district court may refuse to inform the venire during jury selection about key emotional issues in the case, such as allegations of domestic…
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
22-7317 Rosa V. v. Ali H. California 2023-04-19 Denied IFP child-abuse civil-rights confrontation-clause criminal-procedure due-process evidence evidence-law hearsay-exception medical-records out-of-court-statements sixth-amendment Whether the trial court erred in excluding evidence of medical records and statements under the hearsay rule
22-7310 Antonio Minnis v. United States Eighth Circuit 2023-04-18 Denied Response WaivedIFP constitutional-rights criminal-procedure enhanced-sentence ineffective-assistance ineffective-assistance-of-counsel plea-bargaining prejudice-prong sentencing-enhancement sixth-amendment strickland-standard strickland-v-washington Whether the court's prejudice prong in Strickland v. Washington is satisfied when an attorney admits to ineffective assistance and the defendant rejec…
22-7311 Randal Thomas Rosado v. Florida Florida 2023-04-17 Denied Response WaivedIFP constitutional-rights criminal-act double-jeopardy fifth-amendment fourteenth-amendment multiple-prosecutions multiple-punishments negotiated-plea plea-bargaining same-offense sixth-amendment Does a ten-count conviction under the same statute for a single act of filing one document violate the double jeopardy clause of the Fifth Amendment p…
22-7287 Rodolfo Tovar-Zamarripa v. United States Fifth Circuit 2023-04-14 Denied IFP almendarez-torres apprendi-v-new-jersey constitutional-interpretation criminal-procedure historical-practices notice-clause prior-conviction-exception prior-convictions sixth-amendment Whether the prior-conviction exception from Almendarez-Torres can be squared with the text of the Sixth Amendment's Notice Clause and the historical p…
22-7267 Lloyd Leslie Kindred v. T. Cisneros, Warden Ninth Circuit 2023-04-13 Denied IFP 6th-amendment constitutional-rights criminal-procedure cruel-and-unusual-punishment due-process effective-assistance-of-counsel ineffective-assistance interest-of-justice outcome-determination prejudicial-error reasonable-probability sixth-amendment Whether the 6th Amendment of the U.S. Constitution was violated by the state court's finding that the petitioner's trial counsel was reasonably effect…
22-7257 Santos Cuevas v. Tina Kotek, Governor of Oregon, et al. Ninth Circuit 2023-04-12 Denied IFP constitutional-review double-jeopardy due-process federal-law judicial-discretion jury-trial sentence-enhancement sentencing sixth-amendment Has Oregon's Judiciary and legislature failed to incorporate landmark cases relevant for how and when to enhance a sentence, and to comport with the r…
22-7260 Luis Alberto Escobedo-Duenas v. United States Fifth Circuit 2023-04-12 Denied IFP almendarez-torres-precedent certiorari constitutional-provisions criminal-procedure due-process fifth-circuit judicial-review overrule sentencing sixth-amendment supreme-court supreme-court-review Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)?
22-7256 Mickey Wahl v. Kris Mayes, Attorney General of Arizona, et al. Ninth Circuit 2023-04-11 Denied IFP certificate-of-appealability constitutional-rights effective-assistance-of-counsel fourteenth-amendment habeas-corpus ineffective-assistance-of-counsel ninth-circuit sixth-amendment uncertified-issues Whether Mr. Wahl was denied his right to effective assistance of counsel in violation of the Sixth & Fourteenth Amendments?
22-7244 Jose Ramon Cruz v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2023-04-10 Denied IFP certificate-of-appealability federal-review habeas-corpus ineffective-assistance-of-counsel plea-bargaining sixth-amendment state-court-decision state-court-deference strickland strickland-standard Whether the 'could have supported' framework of Harrington v. Richter allows a federal court to 'invent' historical facts not relied upon by the state…
22-980 Neil Paul Noble v. Texas Texas 2023-04-10 Denied Response Waived constitutional-rights criminal-procedure due-process fourteenth-amendment fundamental-right harmless-error indictment-notice notice sixth-amendment state-courts Is the Sixth Amendment right to be informed of the nature and cause of the accusation a fundamental federal constitutional right that should be made a…
22-7239 Edward Knight v. United States Ninth Circuit 2023-04-07 Denied Response WaivedIFP crime-of-violence criminal-procedure due-process felony hobbs-act in-person jury-trial public-trial sixth-amendment structural-error Whether allowing a seated juror to appear virtually via Zoom in a federal felony trial is structural error violating the Fifth and Sixth Amendment rig…
22-7236 Louis Gaskin v. Florida Florida 2023-04-06 Denied IFP constitutional-rights cruel-and-unusual-punishment death-penalty eighth-amendment espinosa-v-florida fourteenth-amendment post-conviction-relief procedural-due-process procedural-rules sixth-amendment Whether Mr. Gaskin's execution violates the US Constitution due to a malfunctioned process
22-7214 Miguel Angel Bacilio v. Texas Texas 2023-04-05 Denied Relisted (2)IFP constitutional-error constitutional-rights criminal-procedure due-process fair-trial judicial-discretion jurisdiction right-to-counsel sixth-amendment Whether the trial court was legally convened and constituted with the provisions of the constitution and statute to remain a 'Court of Competent Juris…
22-7221 Carlotta Susann Kutschenreuter v. Lagreta McClain, Warden Eleventh Circuit 2023-04-05 Denied Response WaivedIFP 6th-amendment civil-rights due-process equitable-tolling habeas-corpus ineffective-assistance-of-counsel procedural-default sixth-amendment state-post-conviction-procedures Whether Alabama's procedural rules and courts' rulings have denied review of petitioner's Sixth Amendment ineffective assistance of counsel claims, wa…
22-7174 James R. Householder, Jr. v. Michael Zaken, Superintendent, State Correctional Institution at Greene, et al. Third Circuit 2023-04-03 Denied IFP cross-examination due-process Fair-trial Fourteenth-Amendment Impeachment Inconsistent-testimony ineffective-assistance Ineffective-counsel Sixth-Amendment witness-testimony Due-process
22-7180 Tyshon Booker v. Tennessee Tennessee 2023-04-03 Dismissed IFP apprendi-v-new-jersey criminal-procedure fourteenth-amendment juvenile-court juvenile-transfer probable-cause reasonable-doubt sentencing sixth-amendment transfer-hearing Did it violate the Sixth and Fourteenth Amendments for the increase in the range of potential punishment to be based on findings made by a judge under…
22-7184 Darrell Kelly Middlekauff v. Sue Washburn, Superintendent, Eastern Oregon Correctional Institution Oregon 2023-04-03 Denied Response WaivedIFP capital-sentencing death-penalty fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel jury-trial jury-trial-waiver post-conviction-relief sixth-amendment Is trial counsel ineffective for failing to advise client of death penalty factors prior to waiving jury?
22-7138 Muzammil Ali v. United States Eighth Circuit 2023-03-29 Denied Response WaivedIFP criminal-procedure downward-variance due-process fifth-amendment jail-phone-calls motion-for-continuance sentencing sixth-amendment speedy-trial speedy-trial-act Whether the court of appeals erred in affirming that Ali's Fifth and Sixth Amendment rights were not violated under the Speedy Trial Act
22-7144 In Re David Priester 2023-03-29 Denied IFP appellate-review constitutional-rights conviction counsel-representation due-process extraordinary-writ federal-constitutional ineffective-assistance sixth-amendment trial Does the Sixth Amendment require the Assistance of and from counsel be appointed?
22-7146 Daren Bernard Razz, III v. United States Eleventh Circuit 2023-03-29 Denied Response WaivedIFP 18-usc-3161 criminal-procedure due-process federal-prosecution government-delay indictment-timing sixth-amendment speedy-trial statutory-delay Denial of motion to dismiss indictment alleging unconstitutional delay
22-7148 Karteu Omar Jenkins v. United States Eleventh Circuit 2023-03-29 Denied Response WaivedRelisted (9)IFP acquitted-conduct criminal-procedure drug-weight-calculation due-process fifth-amendment ineffective-assistance-of-counsel right-to-counsel sentencing sixth-amendment Whether the district court erred in not appointing new counsel after the second hearing on the matter?
22-7125 Charles M. Torrence v. Hazel Peterson, Warden Tenth Circuit 2023-03-28 Denied Response WaivedIFP constitutional-rights critical-stage federal-law pro-se right-to-counsel sixth-amendment standby-counsel waiver-of-counsel Whether the Tenth Circuit correctly concluded there was no clearly established Federal law from the Supreme Court holding that the Sixth Amendment is …
22-7126 Andre Chandler, aka Mac Dre v. United States Second Circuit 2023-03-28 Denied Response WaivedIFP attorney-client-privilege constitutional-rights due-process government-misconduct prejudice sixth-amendment trial-strategy witness-cooperation witness-debriefing Did the government violate Petitioner's Sixth Amendment rights
22-7134 Christopher L. Whitaker v. Ohio Ohio 2023-03-28 Denied IFP 14th-amendment 5th-amendment 6th-amendment 8th-amendment capital-defendant capital-punishment eighth-amendment fifth-amendment fourteenth-amendment mitigation-evidence self-incrimination sixth-amendment Is a capital defendant's offer to plead guilty and waive all post-trial procedures in exchange for a life sentence admissible as mitigating evidence?
22-7122 Quintel West v. Fredeane Artis, Acting Warden Sixth Circuit 2023-03-27 Denied Response WaivedIFP due-process effective-assistance-of-counsel expert-testimony fourth-amendment probable-cause prosecutorial-misconduct reckless-driving sixth-amendment warrantless-arrest Whether the petitioner's warrantless arrest was consistent with the Fourth Amendment?
22-7085 Rodolfo Godinez v. Steven Johnson, Administrator, New Jersey State Prison, et al. Third Circuit 2023-03-24 Denied Response WaivedIFP criminal-procedure-miranda due-process fair-trial gang-evidence gang-expert-testimony ineffective-assistance ineffective-assistance-of-counsel insufficient-evidence media-exposure miranda-rights sixth-amendment Whether the Appellant's Pre-Miranda Statements was obtained in violation of Miranda v. Arizona
22-7087 Michael James Hoffman v. United States District Court for the District of Arizona Ninth Circuit 2023-03-24 Denied Relisted (2)IFP criminal-procedure due-process evidence-manipulation fifth-amendment fourteenth-amendment grand-jury right-to-counsel sixth-amendment state-misconduct trial-misconduct Did the State violate the Petitioner's Sixth Amendment right to counsel and due process?
22-7103 George Lincoln Stanley, IV v. United States Fourth Circuit 2023-03-24 Denied Response WaivedIFP 28-usc-1291 confrontation-clause criminal-procedure hearsay-testimony ineffective-assistance-of-counsel ineffective-counsel jurisdiction kidnapping kidnapping-charges sixth-amendment sufficiency-of-evidence Whether Mr. Stanley's Sixth Amendment right to confront his witness was violated
22-7106 Brian Keith Wells, aka B. K. Wells v. United States Sixth Circuit 2023-03-24 Denied Response WaivedIFP counsel-denial criminal-procedure criminal-sentencing ineffective-assistance procedural-review role-enhancement sentencing sentencing-guidelines sixth-amendment sixth-circuit substantive-reasonableness ussg-3b1.1 Whether Mr. Wells' request for new counsel should have been granted
22-7067 Thomas Powers v. Greg Donathan Seventh Circuit 2023-03-23 Dismissed IFP civil-commitment civil-rights constitutional-rights due-process illinois-sexual-violent-persons-act involuntary-detention sixth-amendment speedy-trial Whether the petitioner is entitled to release from involuntary detention
22-7065 Ahmed Abu Khatallah v. United States District of Columbia 2023-03-22 Denied IFP acquitted-conduct constitutional-rights criminal-law criminal-statute due-process extraterritorial-application extraterritorial-jurisdiction sentencing sentencing-enhancement sixth-amendment statutory-interpretation Does 18 U.S.C. § 924(c) apply extraterritorially?
22-7075 Dennis Morgan Hicks v. Alabama Alabama 2023-03-22 Denied IFP child-witnesses confrontation-clause crawford-v-washington criminal-defendant hearsay prior-statements sixth-amendment testimonial-statements witness-testimony Whether a criminal defendant is deprived of his Sixth Amendment right to confront witnesses against him
22-7046 Valdamir Fred Morelos v. California California 2023-03-21 Dismissed IFP autonomy-right capital-defendant capital-defendants counsel-consent due-process guilty-plea mccoy-v-louisiana penal-code penal-code-section-1018 right-to-autonomy sixth-amendment Does California's Penal Code Section 1018 violate capital defendants' right to autonomy under the Sixth Amendment and McCoy v. Louisiana?
22-7025 Kevin Ariel Garcia-Archaga v. United States Fifth Circuit 2023-03-17 Denied IFP almendarez-torres apprendi-v-new-jersey constitutional-interpretation criminal-procedure historical-practices notice-clause prior-conviction-exception sixth-amendment Whether the prior-conviction exception from Almendarez-Torres can be squared with the text of the Sixth Amendment's Notice Clause and the historical p…
22-7033 DeAndre Forrest v. United States Sixth Circuit 2023-03-17 Denied Response WaivedIFP appellate-procedure certificate-of-appealability constitutional-rights criminal-procedure criminal-trial due-process habeas-corpus ineffective-assistance-of-counsel sixth-amendment Whether Forrest's Sixth Amendment was violated when his counsel conceded his guilt during trial
22-899 Jason Smith v. Arizona Arizona 2023-03-16 Judgment Issued Amici (10)Response RequestedResponse WaivedRelisted (2) 6th-amendment confrontation-clause criminal-procedure criminal-trial expert-testimony forensic-analysis sixth-amendment subpoena testimonial-evidence Whether the Confrontation Clause permits the prosecution to present testimony by a substitute expert conveying the testimonial statements of a nontest…
22-885 South Carolina v. Angela D. Brewer South Carolina 2023-03-15 Denied confrontation-clause crawford-v-washington criminal-procedure expert-testimony forensic-evidence forensic-pathology melendez-diaz-v-massachusetts ohio-v-clark sixth-amendment testimonial-evidence testimonial-statements Whether lab results requested not by law enforcement but by a forensic pathologist to assist in making a routine cause of death determination are test…
22-7012 Lionel Jericho McCoy v. California California 2023-03-15 Denied Response WaivedIFP charging-document common-law common-law-pleading criminal-charging due-process first-degree-murder notice notice-requirements sentencing-enhancement sixth-amendment Does the 1883 rule set forth in People v Soto, 63 Cal. 166 -that facts which expose a defendant to substantially enhanced punishment need not be pled …
22-7022 LeAnthony T. Winston v. United States District Court for the Eastern District of Virginia Fourth Circuit 2023-03-15 Denied Response WaivedIFP 6th-amendment civil-rights constitutional-challenge criminal-procedure due-process prosecutorial-discretion sixth-amendment speedy-trial state-prosecution trial-in-absentia Whether the Sixth Amendment right to a speedy trial is violated when a state prosecution continues in the accused's absence after the accused has plea…
22-7008 Heath R. Barker v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2023-03-14 Denied Response WaivedIFP certificate-of-appealability child-sexual-abuse forensic-interview forensic-interviews habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sixth-amendment trial-counsel Was Petitioner entitled to a certificate of appealability on his claim of ineffective assistance of counsel?
22-7009 Davion Smith v. California California 2023-03-14 Denied Response WaivedIFP adult-sentence criminal-procedure due-process fourteenth-amendment jury-trial juvenile-adjudication juvenile-delinquent sentencing-enhancement sixth-amendment Does a state violate the Due Process Clause of the Fourteenth Amendment when it denies the right to a jury trial to a juvenile delinquent on the groun…
22-6990 Scott Ray Bishop v. United States Tenth Circuit 2023-03-13 Denied Response WaivedIFP circuit-split constitutional-rights criminal-procedure due-process presumption-against-waiver right-to-counsel sixth-amendment waiver Whether the Von Moltke advisements remain prerequisites for a knowing and intelligent waiver of the right to counsel and whether this Court continues …
22-7000 Nickless Whitson v. United States Sixth Circuit 2023-03-13 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process effective-assistance effective-assistance-of-counsel ex-post-facto fair-trial prosecutorial-misconduct right-to-counsel sixth-amendment Does the Sixth Amendment of the United States Constitution still guarantee a criminal defendant the right to effective assistance of counsel, to prote…
22-875 Michael Meyers v. David Gomez, Warden Seventh Circuit 2023-03-13 Denied Response Waived circuit-split habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sixth-amendment strategic-rationale strickland-standard strickland-v-washington When evaluating a claim for ineffective assistance of counsel, may a court retroactively construct a strategic justification for a decision that the a…
22-6986 Paulo Bernal-Ceto v. United States Fifth Circuit 2023-03-10 Denied IFP case-law court-of-appeals criminal-procedure due-process judicial-review jury-trial legal-precedent recidivism sentencing Sixth-Amendment supreme-court-review writ-of-certiorari Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)?
22-6958 Thomas Powers v. David Doll, et al. Illinois 2023-03-08 Dismissed IFP civil-commitment civil-detainee civil-rights due-process illinois-supreme-court legal-malpractice sexual-violent-person-act sixth-amendment speedy-trial Whether a pre-trial detainee has a right to be presumed innocent until proven guilty
22-6969 Christopher Ashley Shetskie v. Colorado Colorado 2023-03-08 Denied IFP criminal-law due-process fourteenth-amendment mens-rea mental-state murder murder-statute sixth-amendment Whether the Sixth Amendment' jury-trial guarantee, taken together with the Fourteenth Amendments' right to due process require that the legislative si…
22-850 Jacqueline Graham v. United States Second Circuit 2023-03-08 Denied Response Waived effective-assistance-of-counsel party-presentation-rule plea-bargaining sixth-amendment united-states-v-sineneng-smith waiver Whether a defendant waives her Sixth Amendment claim by not asking the trial court to reinstate a plea offer that expired before her counsel conveyed …
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?
22-6952 Brian Duane Brookins v. Georgia Georgia 2023-03-07 Denied IFP constitutional-rights criminal-procedure due-process impartial-jury jury-impartiality right-to-counsel sixth-amendment trial-fairness turner-v-louisiana witness-testimony Did the Sheriff's dual role as prosecution witness and custodian of the jury strip Brookins of his constitutional right to an impartial jury and relia…
22-6940 Leon Little v. United States Third Circuit 2023-03-06 Denied Response WaivedRelisted (9)IFP criminal-sentencing due-process fifth-amendment jury-trial preponderance-of-evidence sixth-amendment uncharged-conduct Whether the Fifth and Sixth Amendments prohibit a federal court from basing a criminal defendant's sentencing on uncharged conduct
22-844 Hamid Akhavan and Ruben Weigand v. United States Second Circuit 2023-03-06 Denied confrontation-clause criminal-procedure cross-examination exceptional-circumstances remote-testimony sixth-amendment trial-procedure Whether the Confrontation Clause of the Sixth Amendment is violated by denying a criminal defendant the right to cross-examine a key prosecution witne…
22-841 Christopher H. West v. Robert May, Warden, et al. Third Circuit 2023-03-03 Denied Response Waived 6th-amendment constitutional-rights cronic-standard due-process habeas-corpus ineffective-assistance sandin-v-conner sixth-amendment strickland-v-washington trial-counsel Question not identified
22-6925 Gregory Allen Cook v. United States Sixth Circuit 2023-03-03 Denied Response WaivedIFP armed-career-criminal-act criminal-procedure due-process indictment jury-factfinding sentencing-enhancement sentencing-enhancements sixth-amendment Whether the Constitution requires the uncharged, non-elemental fact that a person committed three prior offenses 'on occasions different from one anot…
22-6903 William Landry, Jr. v. Oklahoma Oklahoma 2023-03-02 Denied IFP constitutional-interpretation constitutional-rights due-process faretta-v-california fourteenth-amendment indigent-defense sixth-amendment speedy-trial state-constitution statutory-interpretation Whether Oklahoma's State Constitution Article II § 20 violates the Sixth and Fourteenth Amendments by failing to contain the language of the Speedy Tr…
22-6913 In Re Robert B. Read, Jr. 2023-03-02 Denied IFP constitutional-law criminal-procedure ex-post-facto habeas-corpus rules-of-evidence sixth-amendment speedy-trial subject-matter-jurisdiction Did the trial court have implied subject-matter jurisdiction to try the petitioner for the indicted felony offense?
22-6874 Anael Sainfil v. United States Second Circuit 2023-02-28 Denied Response WaivedIFP body-armor-enhancement due-process effective-assistance-of-counsel insufficient-evidence jackson-v-virginia miranda-rights miranda-v-arizona sixth-amendment May this Court's decision in Jackson v. Virginia be applied to set aside the conviction in this case?
22-6867 Rickie Markiece Atkinson v. United States Fourth Circuit 2023-02-27 Denied Response WaivedIFP armed-career-criminal-act breaking-and-entering burglary categorical-approach constitutional-interpretation fourth-amendment sixth-amendment violent-felony Whether North Carolina breaking or entering is categorically broader than generic burglary and cannot be a violent felony under the Armed Career Crimi…
22-6868 Billy Leon Kearse v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2023-02-27 Denied IFP counsel-performance due-process fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel reasonable-strategy sixth-amendment strickland-standard strickland-v-washington Whether the Eleventh Circuit's analysis of ineffective-assistance-of-counsel claims fails to protect the Sixth-Amendment-right-to-effective-assistance…
22-6873 Jesus Ivan Dominguez v. United States Fifth Circuit 2023-02-27 Denied IFP Almendarez-Torres case-review criminal-procedure due-process fifth-circuit judicial-precedent jury-trial legal-challenge sentencing Sixth-Amendment supreme-court-review writ-of-certiorari Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)?
22-6858 In Re Zumar H. Dubose 2023-02-24 Denied IFP constitutional-law criminal-procedure due-process grand-jury indictment jury-selection personal-jurisdiction sixth-amendment subject-matter-jurisdiction trial-rights Whether the U.S. District Court has personal or subject-matter jurisdiction over an indictment that was not filed in open court or voted on by 10 or m…
22-6851 David Freeman v. John Q. Hamm, Commissioner, Alabama Department of Corrections Eleventh Circuit 2023-02-23 Denied IFP 28-usc-2254d appellate-procedure due-process federal-habeas habeas-corpus ineffective-assistance ineffective-assistance-of-counsel party-presentation sixth-amendment state-post-conviction Whether a court of appeals violates the principle of party presentation and due process rights when it raises an issue sua sponte that the parties did…
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?
22-6816 Montray Lorenzo Cato v. United States Fifth Circuit 2023-02-21 Denied Response WaivedIFP constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment sentencing sixth-amendment statutory-interpretation supervised-release Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments?
22-6821 James Mammone v. Charlotte Jenkins, Warden Sixth Circuit 2023-02-21 Denied IFP change-of-venue fair-trial habeas-corpus prejudice-presumption presumption-of-prejudice pretrial-publicity rideau-v-louisiana sixth-amendment In determining whether to presume prejudice under Rideau and Skilling, are courts permitted to consider (1) the defendant's role in creating the pretr…
22-6826 Marcos Juan Martin-Andres v. United States Fifth Circuit 2023-02-21 Denied IFP case-law criminal-procedure due-process fifth-circuit judicial-precedent jury-trial legal-review recidivism sentencing Sixth-Amendment supreme-court-review writ-of-certiorari Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)?
22-785 Theryn Jones v. United States Second Circuit 2023-02-21 Denied Amici (1)Relisted (2) circuit-split criminal-procedure due-process fifth-amendment immunity self-incrimination sixth-amendment witness witness-immunity when-the-due-process-clause-requires-vacatur-of-a-criminal-conviction-based-on-the-government's-refusal-to-seek-immunity-for-a-defense-witness
22-6815 David E. Merry v. United States Eleventh Circuit 2023-02-17 Denied Relisted (7)IFP acquitted-conduct constitutional-rights criminal-procedure criminal-sentencing due-process fifth-amendment jury-trial sentencing sixth-amendment Whether the Fifth and Sixth Amendments prohibit a federal court from basing (enhancing) a criminal defendant's sentence on conduct for which a jury ha…
22-6800 Ronald Lee Sorenson v. Washington Washington 2023-02-16 Denied IFP constitutional-rights due-process jurisdiction mathews-factors reasonable-doubt sixth-amendment structural-error structural-error-doctrine venue where-the-first-of-the-four-total-specific-alleged-acts-occurred-outside-the-state-of-washington
22-6791 Jerome Simmons v. United States Eleventh Circuit 2023-02-15 Denied Response WaivedIFP 18-usc-924(c) crime-of-violence criminal-conspiracy elements-clause fifth-amendment hobbs-act hobbs-act-robbery sentencing-enhancement sentencing-enhancements sixth-amendment vagueness-doctrine Whether a sentence predicated upon a finding that Hobbs Act robbery is a crime of violence under the elements clause in 18 U.S.C § 924 (c) violates th…
22-6794 Anthony Suggs v. Tim McConahay, Warden Sixth Circuit 2023-02-15 Denied Response WaivedIFP civil-rights constitutional-rights criminal-procedure due-process evidence-sufficiency habeas-corpus legal-jurisdiction sentencing sixth-amendment standing Why is Mr. Biggs being denied relief even though the convictions for kidnapping do not have the essential elements to support it?
22-6779 Jong Sung Kim v. United States Eleventh Circuit 2023-02-14 Denied Response WaivedIFP brady-rule brady-violation de-novo-review due-process fifth-amendment giglio-rule giglio-violation sixth-amendment standard-of-review Whether due process and the Fifth and Sixth Amendments require circuit courts to review Brady and Giglio violation claims de novo, rather than for an …
22-6781 Samuel Adkins v. Texas Texas 2023-02-14 Denied IFP attorney-client-relationship criminal-trial effective-assistance-of-counsel habeas-corpus ineffective-assistance pre-trial-proceedings sexual-abuse sixth-amendment trial Did the state court err in holding that the petitioner's Sixth Amendment right to effective assistance of counsel was not violated?
22-6750 Pascual Agustin-Basilio v. United States Fifth Circuit 2023-02-10 Denied Response WaivedIFP case-review criminal-procedure due-process fifth-circuit judicial-precedent legal-procedure sentencing sixth-amendment stare-decisis supreme-court supreme-court-review writ-of-certiorari Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)?
22-6753 Andrew Mark Lamar v. Colorado Colorado 2023-02-10 Denied IFP constitutional-rights double-jeopardy due-process fair-trial fourteenth-amendment juror-misconduct mistrial sixth-amendment Whether petitioner's right to a fair and impartial trial was violated due to juror misconduct
22-6736 Justin D. Martin v. United States Sixth Circuit 2023-02-09 Denied Relisted (8)IFP acquittal criminal-procedure criminal-sentencing double-jeopardy due-process fifth-amendment judicial-discretion jury-acquittal jury-trial sentencing sixth-amendment Whether the Fifth and Sixth Amendments prohibit a federal court from basing a criminal defendant's sentence on conduct for which a jury has acquitted …
22-749 Andre Dow v. Nevada Nevada 2023-02-09 Denied 6th-amendment attorney-client-privilege counsel-of-choice due-process fair-trial first-amendment prejudice sixth-amendment us-v-gonzalez-lopez Whether Mr. Dow's Sixth Amendment right to counsel of choice was violated
22-6733 In Re John B. Myles 2023-02-08 Denied IFP abuse-of-discretion appellate-review arrest-warrant due-process evidence evidence-exclusion ineffective-assistance-of-counsel judicial-discretion prosecutorial-misconduct sixth-amendment Whether the defendant was denied effective assistance of counsel
22-6721 Jeffery T. Crystal v. Florida Florida 2023-02-07 Denied IFP constitutional-rights criminal-charges criminal-procedure double-jeopardy due-process ex-post-facto jury-determination jury-trial sixth-amendment supremacy-clause trial-procedure verdict-form Did the verdict form agreed upon by the jury failure to specify 'GUILTY' as to Count 1 violate 6th Amendment right to a jury determination of Guilt?
22-6670 Jimmy Ray Lacy, Jr. v. Chandler Cheeks Sixth Circuit 2023-02-01 Denied Response WaivedIFP brady-v-maryland brady-violation due-process effective-assistance-of-counsel fair-trial fourteenth-amendment jailhouse-informant prosecutorial-misconduct sixth-amendment Was Jimmy Ray Lacy Jr. denied a fair trial under the fourteenth amendment
22-6680 Michael Stapleton v. United States Eleventh Circuit 2023-02-01 Denied Response RequestedResponse WaivedRelisted (3)IFP aiding-and-abetting alien-smuggling circuit-split defective-indictment due-process effective-assistance-of-counsel jurisdiction pro-se-rights sixth-amendment Was the indictment defective?
22-6662 Wesley Ruiz v. Texas Texas 2023-01-31 Denied IFP constitutional-rights death-penalty due-process equal-protection juror-misconduct jury-selection racial-bias sixth-amendment Does Peria-Rodriguez apply to Petitioner's evidence that at least one juror relied on anti-Hispanic racial stereotypes and animus to find that he was …
22-6645 Kimberlee Szewczyk v. Florida Florida 2023-01-27 Denied Response WaivedIFP constitutional-rights due-process fair-trial fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel sixth-amendment strickland-standard strickland-v-washington Does the standard for assessing ineffective assistance of counsel claims, announced in Strickland v. Washington, fail to protect the Sixth Amendment r…
22-6651 Michael Vanous v. United States Fifth Circuit 2023-01-27 Denied Response WaivedIFP criminal-procedure guidelines ineffective-assistance judicial-discretion jury pretrial-proceedings sentencing sentencing-guidelines sixth-amendment Was defense counsel ineffective in the pretrial proceedings?
22-6654 Roland Cummings v. Maine Maine 2023-01-27 Denied Response WaivedIFP due-process fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel post-conviction-review prejudice sixth-amendment sua-sponte Whether the Sixth Amendment right to a fair trial and Fourteenth Amendment right to due process are satisfied by an appellate court's summary conclusi…
22-6642 Leihinahina Sullivan v. Federal Bureau of Prisons, et al. Ninth Circuit 2023-01-26 Dismissed Response WaivedIFP criminal-procedure due-process fair-trial jury-selection public-trial sixth-amendment Whether the Sixth Amendment right to a public trial applies to jury selection proceedings
22-6613 Robert Nathaniel Brown v. Florida Florida 2023-01-24 Denied IFP criminal-procedure due-process federal-habeas-review habeas-corpus ineffective-assistance ineffective-assistance-of-counsel post-conviction-relief sixth-amendment standard-of-review state-court-decisions Strickland-v-Washington Whether the state appellate court misapplied Harrington v. Richter
22-6608 Arthur Torlucci v. California California 2023-01-23 Denied IFP due-process imprisonment indigent-defendants misdemeanor right-to-counsel sixth-amendment Whether the Due Process Clause of the Fourteenth Amendment requires the government to provide counsel to indigent defendants in misdemeanor cases wher…
22-6568 Duraid Hussein v. United States Ninth Circuit 2023-01-19 Denied Response WaivedIFP apprendi-v-new-jersey circuit-precedent criminal-law criminal-procedure due-process equal-protection procedural-due-process rehaif-v-united-states sixth-amendment stare-decisis statutory-interpretation Whether the Ninth Circuit denied procedural due process and equal protection by not dismissing an insufficient indictment under circuit precedent
22-6576 Phillip Tarver v. Keisha Fisher, Administrator, South Woods State Prison, et al. Third Circuit 2023-01-19 Denied IFP civil-rights constitutional-law constitutional-rights criminal-procedure double-jeopardy due-process fourteenth-amendment sixth-amendment trial-by-jury Was the petitioner deprived of due process and the right to trial by jury, and is the right not to be put in jeopardy twice for the same crime charged…
22-6561 Telly Hankton v. United States Fifth Circuit 2023-01-18 Denied Response WaivedIFP confrontation-clause conspiracy-liability criminal-procedure federal-circuit-courts forfeiture-by-wrongdoing sixth-amendment standard-of-proof testimonial-statements What standard of proof is required for the admission of prior testimonial statements under the forfeiture-by-wrongdoing exception to the Confrontation…
22-6565 Cristian Santa v. Massachusetts Massachusetts 2023-01-18 Denied Response WaivedIFP expert-opinion expert-testimony factual-investigation ineffective-assistance ineffective-assistance-of-counsel kolenovic-precedent massachusetts-jurisprudence right-to-counsel sixth-amendment trial-counsel Has Massachusetts jurisprudence, particularly the expansion of Commonwealth v. Kolenovic, 471 Mass. 664 (2015), run afoul of the Sixth Amendment by ru…
22-6566 Rodney R. Ellis v. Florida Florida 2023-01-18 Denied Response WaivedIFP apprendi-doctrine apprendi-v-new-jersey criminal-procedure jury-clause jury-trial prior-record-exception sentencing sentencing-enhancement sixth-amendment Whether a sentencing court violates the Sixth Amendment's Jury Clause when the sentencing court—rather than the jury—finds that the defendant committe…
22-658 Victor Gates v. United States Third Circuit 2023-01-18 Denied Response Waived certificate-of-appealability due-process fifth-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sixth-amendment Did the United States Court of Appeals for the Third Circuit abuse its discretion and commit an error of law in not issuing a Certificate of Appealabi…
22-6538 Tremane Wood v. Oklahoma Oklahoma 2023-01-17 Denied IFP capital-successor-statute collateral-review due-process eighth-amendment federal-constitutional-claims fourteenth-amendment newly-discovered-evidence postconviction-review sixth-amendment state-prisoners successor-postconviction Whether the Fourteenth Amendment requires states to afford state prisoners some adequate corrective process for the hearing and determination of claim…
22-6546 Arty Marcel v. Tim Hooper, Warden Fifth Circuit 2023-01-17 Denied Response WaivedIFP burden-of-proof constitutional-error fair-trial improper-amendment-of-bill-of-information ineffective-assistance ineffective-assistance-of-counsel lesser-included-offense other-crimes-evidence reasonable-doubt sixth-amendment strickland-v-washington whether-mr-marcel-was-denied-right-to-fair-trial
22-643 Jason Devon Lenoir v. Lynn Guyer, Warden, et al. Ninth Circuit 2023-01-11 Denied Response Waived certificate-of-appealability faretta-hearing fourteenth-amendment pro-se-representation psychological-evaluation right-to-counsel sixth-amendment waiver-of-counsel Is a criminal defendant entitled to a COA when he has demonstrated and made a substantial showing that his rights were denied under the Sixth and Four…
22-6503 Patrick Emeka Ifediba v. United States Eleventh Circuit 2023-01-10 Denied Response RequestedRelisted (2)IFP controlled-substances criminal-procedure due-process fifth-amendment intent medical-intent medical-practice sentencing sixth-amendment Was Petitioner denied his rights under Ruan v. United States
22-6483 Eli Sloan v. United States Ninth Circuit 2023-01-09 Denied Response WaivedRelisted (2)IFP civil-rights constitutional-rights criminal-procedure impartial-jury jury-selection prejudicial sixth-amendment trial-procedure voir-dire Whether the voir dire selection was partial or prejudicial, in violation of Petitioner, Eli Sloan's Sixth Amendment right to an impartial jury
22-6498 Joseph T. Shine-Johnson v. David W. Gray, Warden Sixth Circuit 2023-01-09 Denied Response WaivedRelisted (2)IFP agency counsel-appointment discretionary-review due-process federal-appellate-review habeas-corpus indigent-counsel sixth-amendment state-government Whether due process extends to the State government opting to assign an indigent petitioner appointed counsel on discretionary Review and if due proce…
22-6471 Kyle Maurice Parks v. United States Eighth Circuit 2023-01-06 Denied Response WaivedIFP civil-rights constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sixth-amendment statutory-interpretation Whether Appellant was improperly denied a review of ineffective assistance of counsel and correction of errors by the District Court
22-6472 Vincent Paul Melendrez v. Jason Bennett, Superintendent, Stafford Creek Corrections Center Ninth Circuit 2023-01-06 Denied Response WaivedIFP confrontation confrontation-clause constitutional-rights criminal-defendant criminal-procedure defense due-process fifth-amendment self-incrimination sixth-amendment Where the Trial Court's Ruling Compelling the Election of Rights had required a criminal Defendant to waive his Fifth Amendment Constitutional Rights …
22-6475 Nohe Dominguez-Morales v. United States Fifth Circuit 2023-01-06 Denied Response RequestedResponse WaivedRelisted (2)IFP almendarez-torres apprendi apprendi-v-new-jersey criminal-procedure historical-practices notice-clause prior-conviction-exception prior-convictions sixth-amendment Whether the prior-conviction exception from Almendarez-Torres can be squared with the text of the Sixth Amendment's Notice Clause and the historical p…
22-6462 Jerome K. Ta'afulisia v. Washington Washington 2023-01-05 Denied Response WaivedIFP confrontation-clause crawford-v-washington evidence-creation law-enforcement-solicitation michigan-v-bryant ohio-v-clark police-investigation primary-purpose-test sixth-amendment testimonial-statement Is a statement testimonial for purposes of the Confrontation Clause of the Sixth Amendment when the speaker talks with a trusted family member who is …
22-6443 Daquan Madrid Pridgen v. United States Fourth Circuit 2023-01-04 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process rule-of-lenity sentencing sentencing-guidelines sixth-amendment statutory-interpretation structural-error Whether the district court committed structural error by finding that the sentence for a violation of 18 U.S.C. § 2113(e) should be 10 years to life i…
22-6445 Juan Villa Ramirez v. California California 2023-01-04 Denied IFP aggravating-circumstances constitutional-rights death-penalty fifth-amendment fourteenth-amendment jury-finding ring-v-arizona sixth-amendment Does California's death penalty scheme violate the requirement that every fact, other than a prior conviction, that serves to increase the statutory m…
22-6460 Davonte DeJean v. United States Fifth Circuit 2023-01-04 Denied Response WaivedRelisted (2)IFP 6th-amendment constitutional-rights court-responsibility criminal-procedure due-process ineffective-assistance-of-counsel ineffective-counsel jury-trial right-to-jury-trial sentencing sixth-amendment Was counsel ineffective for not enforcing the 6th Amendment right to a jury trial in the sentencing proceeding and is the court also responsible?
22-607 Noah Nagy, Warden v. Jimmy Baugh Sixth Circuit 2023-01-03 Denied Response RequestedResponse WaivedRelisted (2) actual-innocence constitutional-error criminal-procedure federal-review habeas-corpus new-evidence sixth-amendment standard-of-review statutory-interpretation Did the Sixth Circuit misapprehend § 2244(b)(2)(B)(ii)'s standard by granting habeas relief to Jimmy Baugh when the newly discovered evidence at issue…
22-6438 Tommiel Q. Claiborne, aka Tommie Lee Claiborne, Jr., aka Tommie L. Claiborne v. Mississippi Mississippi 2023-01-03 Denied IFP confrontation constitutional-rights court-appointed-counsel criminal-procedure criminal-proceeding due-process ineffective-assistance-of-counsel jury-selection legal-assistance peremptory-challenges sixth-amendment Ineffective Assistance of Counsel for Failing to Exercise the Right to Challenge Jurors for Cause or Peremptory Challenge Purposes
22-6413 Rajul Ruhbayan v. Rebecca Beach Smith, Judge, United States District Court for the Eastern District of Virginia, et al. Fourth Circuit 2022-12-30 Denied Response WaivedIFP christopher-v-harbury civil-rights constitutional-rights due-process fifth-amendment fourth-circuit jury-trial sentencing-finality sixth-amendment supervisory-powers Whether the Fourth Circuit Court of Appeals and four Defendant judges' ongoing 17 years' cover up or violations of Petitioner's prospective denial of …
22-6424 Trevis Thompson v. Illinois Illinois 2022-12-30 Denied Response WaivedIFP criminal-conviction criminal-defendant deliberation-misconduct external-information federal-rule-of-evidence-606(b) harmless-error jury-bias post-conviction-proceeding sixth-amendment unbiased-jury Where deliberating jurors receive external information that a criminal defendant had committed prior bad acts, does the dissemination of such informat…
22-6426 Delano Marco Medina v. United States Tenth Circuit 2022-12-30 Denied Response WaivedIFP breach-of-contract civil-rights conflict-of-interest constitutional-rights ineffective-assistance ineffective-counsel plea-agreement right-to-counsel sixth-amendment speedy-trial strickland-standard Question not identified
22-6433 Ricky Escobedo v. United States Fifth Circuit 2022-12-30 Denied Response WaivedIFP attorney-client-privilege conflict-of-interest fifth-amendment fourth-amendment ineffective-assistance ineffective-assistance-of-counsel sixth-amendment Violation of attorney-client privilege and right to effective assistance of counsel
22-6434 Elvis Harold Reyes v. United States Eleventh Circuit 2022-12-30 Denied Response WaivedIFP apprendi-rule apprendi-v-new-jersey blakely-v-washington criminal-restitution fifth-amendment jury-determination restitution sentencing-fact sixth-amendment southern-union-co-v-united-states Whether the Sixth and Fifth Amendments are violated by the imposition of restitution based on the sentencing judge's determination of a fact (other th…
22-6435 Willie Tyrone Shipley v. D. Holbrook Ninth Circuit 2022-12-30 Denied Response WaivedIFP civil-rights confrontation constitutional-rights criminal-procedure due-process effective-assistance-of-counsel evidence fourteenth-amendment prosecutorial-discretion sixth-amendment witness-testimony Whether the defendant was deprived of his right to confrontation and due process under the Sixth and Fourteenth Amendments when the district attorney …
22-6436 Timothy D. Robertson v. Illinois Illinois 2022-12-30 Denied IFP due-process effective-assistance-of-counsel post-conviction-petition prior-conviction reversal sentencing sentencing-error sixth-amendment Whether the petitioner's Sixth Amendment right to effective assistance of counsel was violated when the trial court failed to conduct a hearing on the…
22-6401 William Clyde Culberson, Jr. v. Texas Texas 2022-12-28 Denied IFP 6th-amendment confrontation-clause crawford-vs-washington criminal-procedure due-process evidence evidence-law medical-records sixth-amendment testimonial-evidence Is medical records considered as confrontation clause covered under Crawford vs. Washington?
22-6403 Marco D. Martin v. Fredeane Artis, Acting Warden Sixth Circuit 2022-12-28 Denied Response WaivedIFP due-process effective-assistance-of-counsel electronic-monitoring ex-post-facto lifetime-electronic-monitoring plea-bargaining plea-offer sixth-amendment whether-petitioner-was-denied-constitutional-rights
22-6407 Steven L. Haden v. California California 2022-12-28 Denied IFP categorical-approach criminal-sentencing descamps-v-united-states elements-test mathis-v-united-states prior-conviction prior-conviction-enhancement retroactivity sixth-amendment teague-doctrine Are the Sixth Amendment holdings of Descamps v. United States and Mathis v. United States fully retroactive?
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
22-6393 Xavier Milton Earquhart v. United States Fourth Circuit 2022-12-27 Denied Response WaivedIFP due-process fair-trial federal-rules-criminal-procedure federal-rules-of-criminal-procedure judicial-review mandate-rule motion-to-dismiss sixth-amendment standing subject-matter-jurisdiction Does the court have an obligation to determine whether subject matter jurisdiction exists as a preliminary matter?
22-6394 Van Raymond Brollini v. United States Ninth Circuit 2022-12-27 Denied Response WaivedIFP appellate-review conflicting-evidence credibility-of-witnesses evidence-preclusion harmless-error jury-trial sixth-amendment sixth-amendment-jury-trial tax-prosecution willfulness Whether the Ninth Circuit's harmless-error analysis is consistent with Supreme Court precedent
22-6397 Alex Daniel v. Illinois Illinois 2022-12-27 Denied Response WaivedIFP ake-v-oklahoma appointed-counsel britt-v-north-carolina due-process fundamental-fairness griffin-v-illinois indigent-defendant self-representation sixth-amendment Whether an indigent defendant can be compelled to accept the representation of appointed counsel and give up his Sixth Amendment right to represent hi…
22-6386 Frank Sanchez v. United States Eighth Circuit 2022-12-22 Denied Relisted (9)IFP acquitted-conduct criminal-procedure double-jeopardy due-process fifth-amendment sentencing sixth-amendment Whether the use of acquitted conduct to determine a defendant's sentence violates the Fifth and Sixth Amendments
22-6360 Tyrell Hart v. Kevin Ransom, Superintendent, State Correctional Institution at Dallas, et al. Third Circuit 2022-12-21 Denied Response WaivedIFP civil-rights constitutional-violations due-process false-confessions habeas-corpus ineffective-assistance ineffective-assistance-of-counsel police-misconduct right-to-counsel sixth-amendment speedy-trial Whether the lower federal and state courts unreasonably applied this Court's holdings finding that Yart was not denied effective assistance of counsel…
22-6350 Raul Alvarez v. New York New York 2022-12-20 Denied Amici (1)Response WaivedIFP actual-innocence constitutional-rights court-objection criminal-defense criminal-procedure ineffective-assistance right-to-counsel sixth-amendment trial-strategy Must a client object in open court to invoke their Sixth Amendment right to maintain actual innocence as the objective of their defense?
22-6356 Tyler Nees v. Oregon Oregon 2022-12-20 Denied Response WaivedIFP confrontation-clause cross-examination due-process evidence federal-review habeas-corpus hearsay independent-state-ground procedural-default sixth-amendment state-court Whether the Confrontation Clause of the Sixth Amendment prohibits the admission of testimonial hearsay evidence without an opportunity for cross-exami…
22-6357 Clifton Raye v. Tim Hooper, Warden Fifth Circuit 2022-12-20 Denied Response WaivedIFP 6th-amendment constitutional-law constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sixth-amendment trial-counsel Was Petitioner's rights under 6th Amendment to the United States Constitution violated when trial counsel was ineffective?
22-6329 Phosavan Khamnivong v. United States Ninth Circuit 2022-12-19 Denied Response WaivedIFP 5th-amendment 6th-amendment bodily-injury due-process fifth-amendment firearm-enhancement jury-trial reasonable-doubt sentencing sentencing-guidelines sixth-amendment Whether the Sixth Amendment is violated when courts impose sentences that, but for a judge-found fact, would be reversed for substantive unreasonablen…
22-6331 Lance Green v. United States Third Circuit 2022-12-19 Denied Response WaivedIFP 6th-amendment 6th-amendment-confrontation confrontation-clause daubert dna-evidence due-process firearm-possession sixth-amendment speedy-trial-act 6th-amendment-confrontation,due-process,speedy-trial-act,6th-amendment,daubert,dna-evidence
22-6326 Mark A. White v. United States Seventh Circuit 2022-12-16 Denied Response WaivedIFP constitutional-interpretation due-process illegal-detention judicial-error mcmillan-v-pennsylvania sentencing-factors sixth-amendment substantive-due-process Whether the Justices of the 1986 Supreme Court violated the substantive due process rights, protection and guarantees of the petitioner and American c…
22-6308 Alberto Mendoza-Espinoza v. United States Fifth Circuit 2022-12-15 Denied Response WaivedIFP case-review court-of-appeals criminal-procedure due-process judicial-procedure legal-precedent overrule sentencing sixth-amendment supreme-court supreme-court-review writ-of-certiorari Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)?
22-6297 Kevin W. Malone v. Nebraska, et al. Eighth Circuit 2022-12-14 Denied Response WaivedIFP 14th-amendment 6th-amendment conflict-of-interest criminal-procedure due-process fourteenth-amendment ineffective-assistance-of-counsel legal-ethics sixth-amendment trial-bias Does the trial counsel's fraudulent behavior and conflict of interest violate the Petitioner's 6th & 14th Amendment right to conflict free counsel?
22-6300 Edman Castro-Salazar v. United States Fifth Circuit 2022-12-14 Denied Response WaivedIFP almendarez-torres criminal-procedure due-process indictment recidivism recidivism-enhancement sixth-amendment statutory-interpretation statutory-offense Whether the government's failure to allege a prior conviction necessary to support a statutory recidivism enhancement violated Mr. Castro's right 'to …
22-6261 Damar D. Ruffin v. United States Sixth Circuit 2022-12-08 Denied Response WaivedIFP criminal-procedure due-process jury-trial sentencing sixth-amendment statutory-maximum Whether a special verdict is required to have confidence that the jury has made the finding of drug quantity that allows a sentence beyond the default…
22-528 Gilbert Rodriguez, IV v. Texas Texas 2022-12-08 Denied criminal-procedure due-process fifth-amendment fourteenth-amendment habeas-corpus ineffective-assistance-of-counsel miranda-rights sixth-amendment Whether the 1838rd district court for Harris County, Texas erred in denying Petitioner Rodriguez's writ of Habeas Corpus
22-530 Daniel A. Bench v. United States Armed Forces 2022-12-08 Denied Response Waived child-witness confrontation confrontation-right court-martial plain-error prosecutorial-misconduct remote-testimony sixth-amendment Does a prosecutor's in-court lie to secure a witness's testimony constitute misconduct that materially prejudices an accused's' Sixth Amendment right …
22-6240 Robert Dale Hines v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2022-12-07 Denied IFP civil-rights constitutional-rights criminal-procedure due-process evidence-tampering fourth-amendment ineffective-assistance ineffective-assistance-of-counsel plea-negotiations sixth-amendment trial-counsel Whether the Court violated the petitioner's constitutional rights, including due process and effective assistance of counsel
22-6225 Jerome Kieffer v. United States Fifth Circuit 2022-12-06 Denied Response WaivedIFP constitutional-procedure criminal-law due-process federal-jurisdiction fourth-amendment imprisonment-rights religious-land-use rluipa sixth-amendment statutory-interpretation void-for-vagueness Whether the unconstitutionally vague language struck down by the Court in 18 U.S.C. 1030 applies to 18 U.S.C. 2232(a)(1)
22-6228 Giovanny Sanchez-Juarez v. United States Fifth Circuit 2022-12-06 Denied Response WaivedIFP apprendi-v-new-jersey constitutional-law criminal-procedure immigration-law indictment sentencing sentencing-enhancement sixth-amendment statutory-interpretation statutory-maximum Whether Almendarez-Torres v. United States was wrongly decided
22-6221 Oscar J. Martinez-Hernandez v. United States First Circuit 2022-12-05 Denied Response WaivedIFP conflict-of-interest due-process effective-assistance-of-counsel fifth-amendment prosecutorial-misconduct sixth-amendment Whether former prosecutor's defense of defendant under same indictments violates 18 U.S.C. § 207 and defendant's constitutional rights
22-519 Shawn Rogers Malloy v. Pennsylvania Pennsylvania 2022-12-05 Denied attorney-client-privilege brady-v-maryland brady-violation constitutional-remedy due-process prosecutorial-misconduct right-to-counsel sixth-amendment united-states-v-nobles Does the prosecution's retention of, failure to quarantine, and failure to disclose possession of a criminal defendant's legal strategy notes, prepare…
22-6208 Jason Ross Gilley v. Raymond Madden, Warden Ninth Circuit 2022-12-02 Denied IFP 5th-amendment 6th-amendment civil-rights constitutional-violations due-process evidence-standards fair-trial prosecutorial-misconduct reasonable-doubt sixth-amendment Question not identified.
22-6212 Eric Cain v. United States Sixth Circuit 2022-12-02 Denied Relisted (9)IFP criminal-procedure double-jeopardy due-process federal-sentencing-guidelines fifth-amendment jury-trial-right sentencing-guidelines sixth-amendment Whether the Sixth Amendment jury trial right or the Fifth Amendment Due Process Clause bars a court from imposing a more severe criminal sentence base…
22-6190 Kevin Patrick Mallory v. United States Fourth Circuit 2022-12-01 Denied IFP constitutional-rights court-findings judicial-discretion overriding-interest partial-closure public-trial reasonable-alternatives sixth-amendment waller-standard waller-v-georgia Whether the Sixth Amendment right to a public trial requires courts to make adequate findings before ordering a 'partial closure' restricting public a…
22-6180 Alvaro Noe Mendoza-Valencia v. Oregon Oregon 2022-11-30 Denied Response WaivedIFP attorney-client-relationship criminal-trial due-process effective-assistance-of-counsel ineffective-assistance jury-trial right-to-counsel sixth-amendment substitution-counsel Can a state trial court deny a criminal defendant's request for substitution counsel without any reasonable inquiry into trial counsel's performance, …
22-6181 Willie Speed v. Douglas Fender, Warden Sixth Circuit 2022-11-30 Denied Response WaivedIFP attorney-conflict conflict-of-interest criminal-procedure due-process effective-assistance ex-post-facto fourteenth-amendment sixth-amendment whether-an-attorney's-conflict-of-interest-deprived-petitioner-of-his-rights-under-the-sixth-and-fourteenth-amendments-to-effective-assistance-and-due…
22-6160 Wayland Lynn Dilts v. Mike Brown, Warden Sixth Circuit 2022-11-29 Denied Response WaivedIFP aedpa aedpa-standard constitutional-violation courtroom-closure due-process public-trial public-trial-right sixth-amendment sixth-circuit weaver-v-massachusetts witness-testimony Whether the Court of Appeals for the Sixth Circuit improperly applied Weaver v. Massachusetts and AEDPA, and whether the Michigan trial court violated…
22-496 Jheshua Daniel Jackson v. Colorado Colorado 2022-11-28 Denied Response Waived criminal-procedure due-process fourteenth-amendment in-absentia-trial right-to-counsel sixth-amendment trial-in-absentia Do the Sixth and Fourteenth Amendments to the United States Constitution permit a court to deny a criminal defendant his request for appointment of co…
22-491 Raymond Delgado v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2022-11-23 Denied Response Waived criminal-procedure custodial-interrogation fifth-amendment ineffective-assistance miranda-rights miranda-v-arizona motion-to-suppress right-to-counsel right-to-remain-silent sixth-amendment suppression-of-confession Whether Delgado was denied effective assistance of counsel
22-6149 Edgar Arellano v. California California 2022-11-23 Denied IFP assistance-of-counsel constitutional-rights criminal-justice-reform effective-assistance-of-counsel fourteenth-amendment mitigating-evidence senate-bill-1333 sentencing sentencing-hearing sixth-amendment Whether a re-sentencing hearing under the new First Step Act entitles a defendant to the right to effective assistance of counsel under the Sixth and …
22-6142 Taj Collier v. Florida Department of Corrections Eleventh Circuit 2022-11-22 Denied Response WaivedRelisted (2)IFP aedpa constitutional-rights criminal-appeals criminal-appeals-reform-act fifth-amendment fourteenth-amendment fourth-amendment habeas-corpus ineffective-assistance sixth-amendment strickland-standard Whether the Florida courts of appeals provide for evidentiary hearings to determine Strickland's mixed question of law and fact
22-6094 William Milton v. California California 2022-11-18 Denied Response WaivedIFP criminal-sentencing descamps-v-united-states due-process mathis-v-united-states prior-conviction-enhancement retroactivity sixth-amendment supreme-court-precedent Are the Sixth Amendment holdings of Descamps v. United States, 570 U.S. 254 (2013) and Mathis v. United States, 579 U.S. 500 (2016) fully retroactive
22-6091 Brian J. Dorsey v. David Vandergriff, Warden Eighth Circuit 2022-11-17 Denied IFP capital-sentencing certificate-of-appealability evidentiary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel law-of-the-case martinez-v-ryan procedural-default sixth-amendment Whether the law-of-the-case doctrine prohibits a court from changing its previous ruling on the same question later during the course of litigation
22-6051 Arriba Lewis v. United States Seventh Circuit 2022-11-14 Denied Response WaivedIFP 4th-amendment 5th-amendment 6th-amendment career-offender criminal-procedure ineffective-assistance motion-to-suppress racial-profiling selective-enforcement sentencing-enhancement sixth-amendment Ineffective-assistance-of-counsel
22-6037 Spencer Jean v. United States Second Circuit 2022-11-10 Denied Response WaivedIFP 18-usc-924c 6th-amendment criminal-procedure disclosure-requirements due-process expert-witness fair-trial government-misconduct rule-16-disclosure sixth-amendment whether-the-jury-verdict-was-metaphysically-impossible
22-441 Rony Galicia v. Maryland Maryland 2022-11-10 Denied Response Waived abuse-of-discretion accomplice-confession appellate-review confrontation-clause cross-examination double-murder sixth-amendment standard-of-review Whether the Sixth Amendment is violated by a denial of cross-examination into an accomplice's confession
22-431 Gigi Jordan v. Amy Lamanna, Superintendent, Bedford Hills Correctional Facility Second Circuit 2022-11-08 Dismissed Response RequestedResponse WaivedRelisted (2) clearly-established federal-law habeas-corpus public-trial-clause sixth-amendment supreme-court-precedent unreasonable-application Whether a federal habeas petitioner seeking relief on the basis of a violation of the Public Trial Clause can demonstrate an 'unreasonable application…
22-6018 David L. Hering v. Patti Wachtendorf, Warden Eighth Circuit 2022-11-08 Denied Response WaivedIFP adversarial-trial burden-of-proof criminal-defense due-process ineffective-assistance insanity-defense sixth-amendment When using insanity as a tool in the defense of a criminal defendant who plead not guilty and is strongly asserting their innocence. Does defense coun…
22-6022 Shimar Jamal Dean Thompkins v. United States Sixth Circuit 2022-11-08 Denied Response WaivedIFP circuit-precedent criminal-law criminal-procedure diversionary-disposition due-process federal-charging federal-jurisdiction judicial-interpretation sentencing sentencing-enhancement sixth-amendment statutory-interpretation Whether a defendant's prior diversionary disposition in a felony case can be considered both an indictment and a conviction for federal charging and s…
22-6009 David Matthew Carter v. South Carolina South Carolina 2022-11-07 Denied IFP civil-procedure confrontation-clause courtroom-removal Crawford-v-Washington criminal-procedure due-process Maryland-v-Craig sixth-amendment trial-rights witness-testimony Sixth-Amendment-right-to-be-present
22-5976 Ricky Pendleton v. Donnie Ames, Superintendent, Mount Olive Correctional Complex West Virginia 2022-11-04 Dismissed Response WaivedIFP constructive-amendment criminal-procedure double-jeopardy fifth-amendment grand-jury ineffective-assistance-of-counsel ineffective-counsel jurisdiction malicious-assault robbery sixth-amendment Question not identified
22-418 Gene Deveraux v. Montana Montana 2022-11-04 Denied Amici (1)Response RequestedResponse WaivedRelisted (2) automatic-reversal biased-juror constitutional-right for-cause-challenge jury-bias sixth-amendment structural-error trial-court-discretion trial-procedure Whether a trial court commits structural error, requiring automatic reversal under the Sixth Amendment, when it seats a biased juror after erroneously…
22-421 D. A.. v. Portage County, Wisconsin Wisconsin 2022-11-04 Denied Response Waived 14th-amendment 6th-amendment children-in-need-of-protection civil-rights cross-examination due-process family-law fourteenth-amendment sixth-amendment standing witness-testimony Whether a natural father is entitled to basic Sixth and Fourteenth Amendment Due Process during Wisconsin Children in Need of Protection or Services p…
22-5973 Raymond J. Scott v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. Ninth Circuit 2022-11-02 Denied IFP constitutional-violation direct-review due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel procedural-default sixth-amendment Can ineffectiveness or incompetence of counsel on direct review result in a Sixth Amendment violation?
22-5964 Shaun Michael Farrington v. United States Eighth Circuit 2022-11-01 Denied Response WaivedIFP civil-rights constitutional-rights criminal-procedure due-process impartial-jury implied-bias judicial-discretion jury-impartiality sixth-amendment standing Whether the Sixth Amendment right to an impartial jury is impacted when circumstances indicate implied bias but the court allows the juror to sit beca…
22-5936 Demetrius Troy Bradley v. Michigan Michigan 2022-10-31 Denied IFP acquitted-conduct constitutional-law criminal-procedure due-process fourteenth-amendment jury-trial jury-trial-rights sentencing sentencing-discretion sixth-amendment Do the jury-trial and due process guarantees of the Sixth and Fourteenth Amendments prohibit judges from considering, at sentencing in a criminal case…
22-5931 Anthony Michael D'Amico v. United States Eleventh Circuit 2022-10-28 Denied Response WaivedIFP arrest criminal-procedure due-process fair-trial juror juror-observation sixth-amendment witness witness-arrest Whether a person's Sixth Amendment right to a fair trial is violated when a juror witnesses a critical defense witness arrested outside the courtroom …
22-5941 Albert L. Watson v. Stu Sherman, Warden, et al. Ninth Circuit 2022-10-28 Denied IFP constitutional-provisions criminal-procedure due-process en-banc-hearing ninth-circuit penal-code procedural-rules reasoned-opinion sixth-amendment state-law state-penal-code Was the district court's use of state penal code justifying violation of sixth amendment correct
22-5942 David G. Wiggins v. Mark Brnovich, Attorney General of Arizona, et al. Ninth Circuit 2022-10-28 Denied Response WaivedIFP certificate-of-appealability constitutional-law constitutional-rights criminal-law due-process felony-murder fourteenth-amendment sixth-amendment statutory-interpretation Whether the Felony Murder Statute as applied to the Petitioner is unconstitutional, denying his rights under the Sixth and Fourteenth Amendments
22-5926 Charles Chitat Ng v. California California 2022-10-27 Denied IFP confrontation-clause due-process extradition-hearing fifth-amendment fourteenth-amendment self-representation sixth-amendment stun-belt Was petitioner deprived of due-process, self-representation, fair-trial, confrontation
22-5927 Jonathan Lee Oliver v. United States Ninth Circuit 2022-10-27 Denied Response WaivedIFP due-process fifth-amendment judicial-procedure jury-trial non-jury-proceeding preponderance-of-evidence sixth-amendment supervised-release Did the district court's unindicted, non-jury, preponderance of the evidence fact-finding that Mr. Oliver committed a new federal offense to conclude …
22-5908 Giles McGhee v. Darrel Vannoy, Warden Fifth Circuit 2022-10-26 Denied Response WaivedIFP criminal-procedure due-process fifth-amendment fourteenth-amendment in-re-winship ineffective-assistance jackson-v-virginia reasonable-doubt sixth-amendment Did the State fail to meet its burden of proof beyond a reasonable doubt that Mr. McGhee was guilty of two Counts of First Degree Murder?
22-5920 Jesse Brewer v. United States Third Circuit 2022-10-26 Denied Response WaivedIFP civil-liberties civil-rights constitutional-rights due-process immigration judicial-review legal-procedure plea-bargaining sentencing sixth-amendment statutory-interpretation Whether Wheeler Volchones' Sixth Amendment right to counsel was violated by Counsel's failure to advise him of the immigration consequences of his ple…
22-5909 Timmy Doucet v. Tim Hooper, Warden Fifth Circuit 2022-10-25 Denied Response WaivedIFP brady-material criminal-procedure due-process expert-testimony fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel jackson-v-virginia reasonable-doubt sixth-amendment Insufficient evidence to convict beyond reasonable doubt
22-5893 Christopher Tavaris Dean v. Florida Florida 2022-10-24 Denied Response WaivedIFP apprendi-exception apprendi-v-new-jersey criminal-procedure criminal-sentencing jury-clause prior-record-exception prison-releasee-reoffender sentencing-enhancement sixth-amendment state-prison Whether a sentencing court violates the Sixth Amendment's Jury Clause when it rather than the jury finds that the defendant committed the offense with…
22-377 Steven Elmer Hinds v. Texas Texas 2022-10-24 Denied Relisted (2) 4th-amendment 5th-amendment 6th-amendment constitutional-amendments due-process equal-protection fifth-amendment fourth-amendment policing-for-profit sixth-amendment Is Texas Penal Code (T.P.C.) § 42.105 repugnant to the 1st, 4th, 5th, 6th, 7th, 8th, 9th, 10th, 13th and 14th Amendments to the Constitution?
22-378 Steven Elmer Hinds v. Texas Texas 2022-10-24 Denied Relisted (2) 4th-amendment 6th-amendment civil-rights constitutional-violations due-process equal-protection fourth-amendment policing-for-profit sixth-amendment state-prosecution Is Texas Penal Code (T.P.C.) § 42.105 repugnant to the 1st, 4th, 5th, 6th, 7th, 8th, 9th, 10th, 13th and 14th Amendments to the Constitution?
22-5882 Allen Calligan v. Frank Vanihel, Warden Seventh Circuit 2022-10-21 Denied Response WaivedIFP criminal-procedure habitual-offender ineffective-assistance ineffective-assistance-of-counsel informal-plea-offer plea-bargaining prejudice sentencing sixth-amendment Was Mr. Calligan's attorney ineffective for failing to inform him of the informal plea offer from the prosecutor, which prejudiced Mr. Calligan by cau…
22-5862 Gregory Ramos v. United States Second Circuit 2022-10-18 Denied Response WaivedIFP appeal constitutional-right criminal-procedure due-process effective-assistance-of-counsel habeas-corpus ineffective-assistance-of-counsel second-circuit sixth-amendment Whether the Second Circuit's determination that Petitioner was not denied his right to the effective assistance of counsel consistent with the Sixth A…
22-5863 Arlandis Shy v. United States Sixth Circuit 2022-10-18 Denied Response WaivedIFP 4th-amendment 6th-amendment apprendi-v-new-jersey due-process fair-trial fourth-amendment jury-instruction probable-cause search-warrant sixth-amendment unreasonable-search Whether the district court clearly erred by failing to properly instruct the jury, in violation of Apprendi v. New Jersey, and by admitting Defendant …
22-5828 DeShaun Bullock v. United States Eighth Circuit 2022-10-14 Denied Relisted (10)IFP acquittal criminal-procedure criminal-sentencing double-jeopardy fifth-amendment judicial-discretion jury-acquittal sentencing sixth-amendment Whether the Fifth and Sixth Amendments prohibit a federal court from basing a criminal defendant's sentence on conduct for which a jury has acquitted …
22-5842 Lex Lugard Eugene v. Florida Florida 2022-10-14 Denied Response WaivedIFP confrontation-clause criminal-sentencing first-amendment fourteenth-amendment habitual-felony-offender-statute sixth-amendment unsubstantiated-allegations Whether unsubstantiated allegations of misconduct introduced in a criminal sentencing proceeding violates the First and Fourteenth Amendments
22-5829 Montana Barronette, Brandon Wilson, John Harrison, Linton Broughton, Terrell Sivells, Taurus Tillman, Timothy Floyd, and Dennis Pulley v. United States Fourth Circuit 2022-10-13 Denied Response WaivedIFP 6th-amendment courtroom-access criminal-procedure due-process family-attendance family-friends public-trial public-trial-clause sixth-amendment Does the Public Trial Clause require heightened protection for courtroom access for defendants' family and friends?
22-5814 Christopher Allan Allred v. Washington Washington 2022-10-12 Denied Relisted (2)IFP constitutional-rights criminal-procedure critical-stage cruel-and-unusual-punishment death-penalty due-process eighth-amendment execution mental-illness rational-understanding right-to-counsel sixth-amendment Whether the Eighth Amendment's prohibition on cruel and unusual punishment prohibits the execution of a prisoner who has a severe mental illness that …
22-5801 Steven Nelson Murray v. Jerry Howell, Warden, et al. Ninth Circuit 2022-10-11 Denied Response WaivedIFP constitutional-rights criminal-procedure habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-trial jury-trial-waiver procedural-default sixth-amendment When a criminal defendant must make a personal decision whether to waive a fundamental constitutional right, does an attorney provide deficient perfor…
22-5789 Rodney Donta Jackson v. Minnesota Minnesota 2022-10-07 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process juror-misconduct post-verdict-hearing post-verdict-hearings public-trial sixth-amendment trial-procedure Does the Sixth Amendment right to a public trial extend to postverdict hearings investigating potential juror misconduct?
22-5769 Donovan Lemont Bookman v. United States Fifth Circuit 2022-10-05 Denied Response WaivedIFP constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment sentencing sixth-amendment statutory-interpretation supervised-release Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments?
22-318 Ronald Tai Young Moon, Jr. v. United States Eleventh Circuit 2022-10-05 Denied Response Waived 6th-amendment constitutional-rights criminal-procedure forfeiture public-trial sixth-amendment waiver What is the standard for finding a waiver (as opposed to mere forfeiture) of the Sixth Amendment right to a 'public trial?'
22-5731 Jonathan D. Carr v. Kansas Kansas 2022-10-03 Denied IFP capital-trial confrontation-clause criminal-procedure eligibility-phase selection-phase sentencing-phase sixth-amendment witness-confrontation Whether the Sixth Amendment's Confrontation Clause secures an accused's right to confront witnesses against him throughout the sentencing phase of a c…
22-5732 Richard Michael Arrington v. Wisconsin Wisconsin 2022-10-03 Denied Response WaivedIFP criminal-procedure interrogation jail-informant maine-v-moulton massiah-v-united-states recording-device right-to-counsel sixth-amendment state-agent united-states-v-henry Whether the Sixth Amendment right to counsel was violated when a jail informant recorded conversations with the accused about his pending case after b…
22-5733 Robert Brown, II v. United States Sixth Circuit 2022-10-03 Denied Response WaivedIFP appellate-review criminal-procedure criminal-trial evidence fair-trial jury jury-bias perjury perjury-evidence rico rico-conspiracy sixth-amendment Whether the District Court's denial of admission of evidence regarding a Government cooperating witness committing perjury was error and affected the …
22-5735 Thomas A. Scott v. Lonnie Oliver, Superintendent, State Correctional Institution at Albion, et al. Third Circuit 2022-10-03 Denied IFP constitutional-rights criminal-procedure due-process fair-trial fifth-amendment fourteenth-amendment fourth-amendment judicial-integrity judicial-review manifest-injustice sixth-amendment Does the judgement of sentence represent a manifest injustice warranting the supervisory powers of this honorable court as it shakes societys confiden…
22-5738 Vernon J. Mills v. Virginia Virginia 2022-10-03 Denied Response WaivedIFP 14th-amendment 6th-amendment actual-innocence civil-rights compulsory-process due-process exculpatory-evidence fourteenth-amendment habeas-corpus sixth-amendment Whether the appellate court erred in possessing the legal significance of the exculpatory material of the three sworn affidavits tending to exonerate …
22-5724 In Re Chad Small 2022-09-30 Denied IFP compliance-with-rules constitutional-rights criminal-procedure due-process effective-assistance-of-counsel guilty-plea ineffective-assistance-of-counsel knowingly-intelligently-voluntarily parties-to-proceeding sixth-amendment WHETHER PETITIONER WAS DENIED HIS 6TH AMENDMENT RIGHT TO EFFECTIVE ASSISTANCE OF COUNSEL
22-5714 Tracy Alan Zornes v. William Bolin, Warden Eighth Circuit 2022-09-29 Denied Response WaivedIFP antiterrorism-and-effective-death-penalty-act-of-1 courtroom-closure criminal-procedure partial-courtroom-closure presley-v-georgia public-trial sixth-amendment voir-dire waller-test waller-v-georgia Whether the Sixth Amendment's public trial guarantee, within the review apparatus imposed by the Antiterrorism and Effective Death Penalty Act of 1996…
22-5684 Victor Gavillan Martinez v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2022-09-27 Denied IFP 14th-amendment 4th-amendment 6th-amendment criminal-procedure due-process evidence-suppression fourteenth-amendment fourth-amendment ineffective-assistance-of-counsel sixth-amendment warrantless-search Whether Petitioner's Fourth, Sixth, and Fourteenth Amendment Rights to the United States Constitution Require this Court to vacate Petitioner's convic…
22-5699 In Re Thomas George Craaybeek 2022-09-27 Denied Relisted (2)IFP 2nd-amendment civil-rights constitutional-rights criminal-procedure due-process free-speech habeas-corpus ineffective-assistance sixth-amendment standing takings Whether the petitioner's Second Amendment rights were violated by the state's concealed carry restrictions
22-5673 Juan Amaya Lozano v. Fredrick Entzel, Warden Eighth Circuit 2022-09-26 Denied IFP abuse-of-discretion criminal-procedure due-process effective-assistance-of-counsel interpreter-rights limited-english-proficiency sentencing sentencing-discretion sixth-amendment Whether the District Court abused its discretion in failing to provide a Spanish interpreter during critical stages of the defendant's defense
22-5678 Eugene Roberts v. Territory of the Virgin Islands Virgin Islands 2022-09-26 Denied Response WaivedIFP brady-violation disclosure due-process fifth-amendment giglio-violation internal-affairs internal-affairs-report right-to-counsel sixth-amendment Whether the Virgin Islands Supreme Court violated Appellant's constitutional right to due process and right to counsel
22-5672 Luan Van Nguyen v. United States Fifth Circuit 2022-09-23 Denied Response WaivedRelisted (2)IFP and whether the ineffective assistance of counsel 4th-amendment carjacking civil-rights constitutional-rights criminal-conspiracy exclusionary-rule ineffective-assistance probable-cause search-and-seizure sixth-amendment standing Whether the Fourth Amendment of the Constitution prohibits or limits the government's ability to conduct warrantless searches and seizures?
22-5666 Arturo Cano v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2022-09-22 Denied Response WaivedIFP civil-rights due-process habeas-corpus ineffective-assistance martinez-v-ryan pro-se procedural-default prosecutorial-misconduct sixth-amendment standing Whether being presented by counsel at the state initial-collateral proceedings is a determinative factor for obtaining an evidentiary hearing before a…
22-5650 In Re Bobby D. Hathaway-Bey 2022-09-22 Denied IFP criminal-procedure first-amendment public-access public-trial sentencing sixth-amendment Whether the Sixth Amendment's right to a public trial and the First Amendment's right of public access to criminal trials apply to the sentencing phas…
22-5641 Jay Eugene Reed v. United States Third Circuit 2022-09-21 Denied Response WaivedRelisted (2)IFP charging-instrument constitutional-rights conviction due-process fifth-amendment sentencing sentencing-reasonableness sixth-amendment Has the United States Court of Appeals for the Third Circuit violated the Fifth and Sixth Amendment to the United States Constitution by allowing an i…
22-5602 Edward Ellis, III v. Missouri Missouri 2022-09-19 Denied Response WaivedIFP constitutional-standard ineffective-assistance ineffective-assistance-of-counsel legal-argument missouri-law prejudice reasonable-strategy sixth-amendment trial-counsel witness-testimony Whether trial counsel can be held to have an objectively reasonable strategy in not making a legal argument when he never considered that legal argume…
22-5606 Jesus Guadalupe Amparano-Torres v. United States Fifth Circuit 2022-09-19 Denied Response WaivedIFP case-precedent constitutional-law criminal-procedure due-process fifth-circuit judicial-review legal-challenge sentencing sixth-amendment supreme-court supreme-court-review writ-of-certiorari Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)?
22-5597 Bernardino Adrian Venzor-Ortega v. United States Fifth Circuit 2022-09-16 Denied Response WaivedIFP case-review criminal-procedure due-process fifth-circuit judicial-procedure legal-precedent overrule sentencing sixth-amendment supreme-court writ-of-certiorari Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)?
22-5588 John Wakefield v. New York New York 2022-09-15 Denied Relisted (2)IFP artificial-intelligence confrontation-clause due-process expert-testimony forensic-evidence probabilistic-genotyping sixth-amendment source-code Does the Confrontation Clause require disclosure of AI software source code?
22-5593 Richard Anthony Rodriguez v. California California 2022-09-15 Denied Response WaivedIFP apprendi-rule constitutional-procedure criminal-procedure due-process jury-trial jury-trial-right juvenile-adjudication prior-conviction-exception prior-convictions sentencing-enhancement sentencing-enhancements sixth-amendment Whether juvenile adjudications obtained without a trial by jury can be used to enhance a defendant's sentence in a later proceeding
22-5564 Michael Muthee Munywe v. Washington Washington 2022-09-14 Denied IFP 4th-amendment 5th-amendment 6th-amendment civil-rights constitutional-rights criminal-procedure due-process jury-interrogation miranda-rights sixth-amendment trial-rights Question not identified
22-5565 Fedner Pierre-Louis v. Matthew J. Platkin, Acting Attorney General of New Jersey, et al. Third Circuit 2022-09-14 Denied IFP certificate-of-appealability debatable-claim habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jurist-of-reason post-conviction-relief sixth-amendment Whether the ruling of the court of appeals for the third circuit is contrary to clearly established federal law
22-5577 Marvin Davis v. Kevin Genovese, Warden Sixth Circuit 2022-09-13 Denied Response WaivedIFP child-interview child-witness confrontation-clause constitutional-challenge criminal-procedure due-process effective-assistance-counsel forensic-interviewer hearsay hearsay-statements sixth-amendment statutory-interpretation Whether the trial court erred in allowing the child video interview and whether T.C.A. section 24-7-123 is unconstitutional?
22-5541 Edwin Pawlowski v. United States Third Circuit 2022-09-12 Denied Response WaivedRelisted (2)IFP appellate-review compulsory-process due-process harmless-error judicial-process re-cross-examination sixth-amendment structural-error trial-court-error Did the Trial Court error by improperly restricting the Defendant's right to re-cross examination in light of new matter and evidence presented by the…
22-5542 Johnny A. Johnson v. Paul Blair, Warden Eighth Circuit 2022-09-12 Denied IFP capital-cases certificate-of-appealability cumulative-effect habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sixth-amendment strickland-standard Strickland-v-Washington wiggins-claim Wiggins-v-Smith Whether the Eighth Circuit's practice of issuing unexplained summary denials of certificates of appealability in capital cases conflicts with 28-U.S.C…
22-5563 Noel Brown v. Pennsylvania, et al. Pennsylvania 2022-09-12 Denied Relisted (2)IFP collateral-review criminal-procedure due-process fourteenth-amendment habeas-corpus plea-bargaining retroactivity right-to-counsel sixth-amendment Right to counsel
22-5545 Clinton Folkes v. Charles Williams, Jr., Warden Fourth Circuit 2022-09-09 Denied Response RequestedResponse WaivedRelisted (2)IFP appellate-jurisdiction direct-appeal indigent-defense ineffective-assistance-of-counsel legal-misrepresentation procedural-default right-to-counsel sixth-amendment Whether a criminal defendant's right to counsel on direct appeal attaches throughout the period when the appellate court has jurisdiction over the cas…
22-5546 Jhon Albert Carrizales Pretell v. Florida Florida 2022-09-09 Denied Response RequestedResponse WaivedRelisted (2)IFP constitutional-right criminal-defendant criminal-procedure due-process felony felony-offense fourteenth-amendment jury-trial sixth-amendment trial-procedure Whether the Sixth Amendment requires a twelve-person jury to try a criminal defendant accused of a felony offense
22-5536 Mikal D. Mahdi v. Bryan P. Stirling, Commissioner, South Carolina Department of Corrections, et al. Fourth Circuit 2022-09-08 Denied IFP capital-mitigation ineffective-assistance-counsel ineffective-assistance-of-counsel investigation-into-mitigating-evidence mental-health-background mitigating-evidence post-conviction-review sixth-amendment traumatic-background trial-investigation Did the state post-conviction court misapply this Court's Sixth Amendment precedent when it held that Mikal Mahdi's trial attorneys reasonably ended t…
22-5537 Joseph William Rendon v. Iowa Iowa 2022-09-08 Denied Response WaivedIFP appeal criminal-procedure due-process habeas-corpus ineffective-assistance sixth-amendment Whether the Petitioner Was Provided Trefrecive Assistance of Counse
22-5516 Antrell Desharron Lewis v. United States Eighth Circuit 2022-09-07 Denied Response WaivedIFP 2255-motion burrage burrage-standard criminal-procedure drug-overdose habeas-corpus ineffective-assistance prosecutorial-misconduct sixth-amendment Did trial counsel provide ineffective assistance in light of this court's holding in Burrage by failing to investigate the drug alleged to have caused…
22-5519 Kareem J. Stansbury v. Michael Courley, Acting Superintendent, State Correctional Institution at Camp Hill, et al. Third Circuit 2022-09-07 Denied Response WaivedRelisted (2)IFP certificate-of-appealability criminal-justice-system fair-trial federal-constitutional-rights habeas-corpus pro-se-defendant procedural-default sixth-amendment speedy-trial Whether and to what extent the criminal justice system tolerates criminal convictions based off cumulative violations of a pro se defendant's federal …
22-5520 Anthony Sims, Jr. v. New Jersey New Jersey 2022-09-07 Denied IFP confrontation-clause criminal-trial cross-examination hearsay hearsay-statement memory-loss pre-trial-hearing sixth-amendment testimonial-evidence Was the opportunity for cross-examination at the pretrial hearing adequate under the Confrontation Clause?
22-5510 Ronald Lebed, Sr. v. Florida Florida 2022-09-06 Denied Response WaivedIFP constitutional-rights fourteenth-amendment fourth-amendment ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct search-and-seizure sixth-amendment Whether the Fifth District Court of Appeal violated the petitioner's Fourth, Sixth and Fourteenth Amendment rights
22-196 Adam Samia, aka Sal, aka Adam Samic v. United States Second Circuit 2022-09-01 Judgment Issued Amici (7) codefendant-confession confrontation-clause constitutional-rights criminal-procedure due-process evidence out-of-court-statement redaction sixth-amendment Whether admitting a codefendant's redacted out-of-court confession that immediately inculpates a defendant based on the surrounding context violates t…
22-5487 Gabriel Paul Hall v. Texas Texas 2022-09-01 Denied IFP capital-murder criminal-procedure evidence-admission massiah-v-united-states penalty-phase right-to-counsel sixth-amendment state-action state-agent Did the TCCA err in holding that the State upheld its 'affirmative obligation to not act in a manner that circumvents the [Sixth Amendment] protection…
22-5469 Jeffrey Beard, II v. United States Eleventh Circuit 2022-08-31 Denied Response WaivedIFP confrontation-clause criminal-procedure cross-examination hearsay hearsay-evidence obstruction-of-justice sentencing sentencing-guidelines sixth-amendment Whether the defendant should have the right to confront a witness whose testimony is offered to enhance the sentencing guidelines sentence for conduct…
22-5471 Tremain Lamar Braxton, Timothy Roy Mason, and Darrell Lee-Lamont Summers, II v. United States Sixth Circuit 2022-08-30 Denied Response WaivedIFP confrontation-clause confrontation-rights criminal-sexual-conduct criminal-trial cross-examination evidence-exclusion incentive-to-testify sixth-amendment witness-credibility Whether a defendant's Sixth Amendment confrontation rights are violated when a trial court bars all cross-examination about events that concededly too…
22-176 James Burkhart v. United States Seventh Circuit 2022-08-29 Denied Response Waived 28-usc-2255 adverse-effect conflict-of-interest counsel-conflict evidentiary-hearing guilty-plea ineffective-assistance post-conviction-relief sixth-amendment Whether the Seventh Circuit's formulation of the adverse effect standard under Cuyler v. Sullivan is too demanding, particularly in the guilty plea co…
22-5458 Kenneth Lainell Davis v. Florida Florida 2022-08-29 Denied IFP criminal-defendant criminal-procedure criminal-trial due-process eighth-amendment felony jury jury-composition juvenile-sentencing mandatory-minimum sixth-amendment Whether the Sixth Amendment requires a twelve-person jury to try a criminal defendant accused of a felony offense
22-5438 Winfred Scott Simpson v. North Carolina Department of Public Safety Fourth Circuit 2022-08-24 Denied Relisted (2)IFP and ineffective assistance of counsel unlawful detention compulsory-process due-process fifth-amendment fourteenth-amendment jencks-act miranda-rights right-to-present-defense self-defense sixth-amendment Violation of Petitioner's 5th, 6th, and 14th Amendment rights regarding suppressed evidence
22-164 Mark Elliott Stuart v. Douglas Gerlach, Judge, Superior Court of Arizona, Maricopa County, et al. Arizona 2022-08-23 Denied Response Waived civil-rights constitutional-rights due-process free-speech police-conduct prosecutorial-misconduct sixth-amendment speedy-trial vindictive-prosecution Whether the State can punish an individual for refusing to obey an unconstitutional order or for peacefully exercising constitutional rights
22-5431 Davante Turner v. United States Sixth Circuit 2022-08-23 Denied Response WaivedIFP constitutional-protections courtroom-closure due-process fair-trial government-agent public-trial sixth-amendment structural-error Whether it is structural error and a violation of Petitioner's constitutional protections to a fair and public trial under the Sixth Amendment
22-5410 Claud R. Koerber v. United States Tenth Circuit 2022-08-22 Denied Response WaivedIFP barker-factors barker-v-wingo constitutional-rights due-process fair-trial government-misconduct issue-preclusion sixth-amendment speedy-trial statute-of-limitations speedy-trial
22-5422 Vohn Robert Cooper v. Florida Florida 2022-08-22 Denied IFP criminal-procedure due-process jury-trial sentencing sixth-amendment statutory-maximum Whether the sentencing judge violated Cooper's Sixth Amendment right to have a jury determine any fact that increased the statutory maximum in his cas…
22-5385 J. S. v. Texas Texas 2022-08-19 Denied IFP confrontation criminal-procedure due-process juvenile-justice kent-v-united-states sixth-amendment Whether the Sixth Amendment right to confrontation extends to a hearing on whether to certify a child as an adult
22-5403 Paul Frederick Stover v. Oregon Board of Parole and Post-Prison Supervision Ninth Circuit 2022-08-19 Denied Response WaivedIFP certificate-of-appealability criminal-procedure ineffective-assistance ineffective-assistance-of-counsel lesser-included-offense second-degree-assault sixth-amendment strickland-standard strickland-v-washington Could reasonable jurists debate whether trial counsel's failure to request a lesser-included offense instruction as an alternative to second degree as…
22-5371 Darrell Harris v. Robert Hudgins, Warden Fourth Circuit 2022-08-17 Denied Response WaivedIFP collateral-estoppel federal-court federal-offense federal-prosecution issue-preclusion res-judicata sixth-amendment speedy-trial Whether principles of res judicata triggered application of issue preclusion and collateral estoppel
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
22-5360 Wayne Chin v. Joseph Noeth, Superintendent, Attica Correctional Facility Second Circuit 2022-08-16 Denied Response WaivedIFP accused-autonomy actual-innocence attorney-client-relationship autonomy constitutional-rights criminal-procedure defense-counsel due-process right-to-counsel sixth-amendment unwelcome-defense Whether a defense counsel can override an accused's final and informed decision for an actual innocence defense and impose an unwelcome defense upon t…
22-5362 Agustin Garcia v. New Jersey New Jersey 2022-08-16 Denied IFP 6th-amendment complete-defense constitutional-rights due-process equal-protection fourteenth-amendment fundamental-miscarriage-of-justice post-conviction-relief right-to-counsel sixth-amendment technological-advances Whether the petitioner was deprived of the right to a fair trial and present a complete defense
22-5364 Quartavious Davis v. United States Eleventh Circuit 2022-08-16 Denied Response RequestedResponse WaivedRelisted (5)IFP constitutional-rights criminal-defense due-process ineffective-assistance-of-counsel plea-bargaining plea-negotiations prosecutorial-discretion right-to-counsel Sixth-Amendment Strickland-v-Washington Ineffective-assistance-of-counsel
22-5345 Gary Paul Karr v. United States Fifth Circuit 2022-08-15 Denied Relisted (11)IFP acquitted-conduct criminal-sentencing cross-examination due-process fifth-amendment hearsay-statement sixth-amendment Whether the Fifth and Sixth Amendments prohibit a federal court from basing a criminal defendant's sentence on conduct underlying a charge for which t…
22-5341 Ted Amparan v. M. Eliot Spearman, Warden Ninth Circuit 2022-08-11 Denied IFP alleyene-v-united-states apprendi-v-new-jersey criminal-sentencing due-process exhaustion habeas-corpus jury jury-determination sentencing sentencing-procedure sixth-amendment Should CERTIORARI be granted to review the issues of whether the State violated Supreme Court precedent by having a sentencing judge, not the jury, ma…
22-5343 In Re Quelyory A. Rigal 2022-08-11 Denied IFP criminal-procedure due-process duplicitous-indictment fifth-amendment habeas-corpus jury non-unanimous-verdict sixth-amendment Whether a non-unanimous verdict in a criminal case violates the Fifth and Sixth Amendments
22-5331 Mark Anthony Williams v. Michigan Michigan 2022-08-10 Denied IFP confrontation-clause criminal-sexual-conduct cross-examination cumulative-error due-process fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel sentencing-guidelines sixth-amendment Insufficient-evidence-to-support-conviction
22-5304 Nuelito Morel-Vargas v. Connecticut Connecticut 2022-08-08 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process fifth-amendment fourteenth-amendment sixth-amendment waiver waiver-doctrine Whether the Constitution requires a canvass on the right to testify
22-5288 Kendale Welborn v. United States Sixth Circuit 2022-08-05 Denied Response WaivedIFP alleyne-decision alleyne-v-united-states apprendi-rule apprendi-v-new-jersey criminal-sentencing drug-offenses methamphetamine-actual methamphetamine-mixture plea-bargaining sentencing-guidelines sixth-amendment Whether the use of Methamphetamine Actual to determine the Guideline Offense Level and potential sentence, when the Defendant was charged with and ple…
22-5282 Cory Mingo v. Florida Florida 2022-08-04 Denied Response WaivedIFP 4th-amendment 6th-amendment cell-site-location-information criminal-procedure due-process fourth-amendment ineffective-assistance probable-cause search-and-seizure sixth-amendment warrantless-search Whether the Petitioner was deprived of the effective counsel
22-5283 Gerald Funk v. George Little, Acting Secretary, Pennsylvania Department of Corrections, et al. Third Circuit 2022-08-04 Denied Response WaivedIFP consequences constitutional-rights guilty-plea guilty-plea-negotiation ineffective-assistance plea-negotiations plea-offer sixth-amendment trial-counsel trial-strategy Whether trial counsel's Sixth Amendment duties require affirmative assistance in guilty-plea decision
22-5236 George E. McFarland v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2022-08-01 Denied IFP adversarial-proceedings constructive-denial cronic-violation ineffective-assistance lineup-identification prosecutorial-awareness right-to-counsel sixth-amendment Whether the Sixth Amendment requires inquiry into surrounding circumstances for a constructive denial of counsel claim
22-5243 Grover D. Cannon v. Louisiana Louisiana 2022-08-01 Denied Response WaivedIFP actus-reus constitutional-law criminal-procedure defense-counsel mccoy-v-louisiana mens-rea right-to-autonomy self-defense sixth-amendment Did Louisiana's courts violate Grover D. Cannon's Sixth Amendment rights recognized in McCoy by allowing Mr. Cannon's defense counsel over Mr. Cannon'…
22-5244 Charles M. Torrence v. Hazel Peterson, Warden Tenth Circuit 2022-08-01 Denied Response WaivedIFP constitutional-right criminal-procedure critical-stage due-process legal-representation mental-competency right-to-counsel sixth-amendment statewide-importance Whether a mental competency hearing is a critical stage of a criminal prosecution requiring representation by counsel under the Sixth Amendment
22-5247 Luckens Petit v. Florida Florida 2022-08-01 Denied Response WaivedIFP bond-hearing confrontation-clause constitutional-rights crawford-precedent crawford-v-washington criminal-procedure due-process evidence florida-arthur-bond-hearing sixth-amendment Whether the Florida Arthur/Bond hearing satisfies the Sixth Amendment's Confrontation Clause requirement as explained in Crawford v. Washington
22-5216 Ray Salazar v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2022-07-28 Denied Relisted (2)IFP constitutional-rights criminal-procedure due-process fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel investigation mental-competency sixth-amendment Did the trial counsel's failure to timely and adequately conduct an investigation into Salazar's known mental health issues constitute ineffective ass…
22-5218 Reginald Dexter Carr, Jr. v. Kansas Kansas 2022-07-28 Denied IFP 14th-amendment 5th-amendment 6th-amendment automatic-reversal due-process fifth-amendment fourteenth-amendment harmless-error sixth-amendment structural-error Was the denial of Reginald Carr's Fifth, Sixth and Fourteenth Amendment rights to testify structural constitutional error requiring automatic reversal…
22-5182 Bakhtiyor Jumaev v. United States Tenth Circuit 2022-07-26 Denied Response WaivedIFP balancing-test barker-test barker-v-wingo constitutional-rights due-process exculpatory-evidence original-public-understanding sixth-amendment speedy-trial Whether the judge-made and ahistorical balancing test for assessing a deprivation of the Sixth Amendment's right to a speedy trial set out in Barker v…
22-5187 Jesus Maya-Zapata v. California California 2022-07-26 Denied Response WaivedIFP appellate-review batson-challenge batson-v-kentucky credibility-determination judicial-procedure jury-selection peremptory-challenge peremptory-excusal-of-a-juror reasonableness-of-stated-justifications sixth-amendment Whether there is a single deferential standard of appellate review for Sixth-Amendment-claims-arising-under-Batson-v-Kentucky or whether appellate cou…
22-5188 Jamshid Muhtorov v. United States Tenth Circuit 2022-07-26 Denied Response WaivedIFP barker-test barker-v-wingo constitutional-rights criminal-procedure due-process exculpatory-evidence judicial-balancing sixth-amendment speedy-trial Whether the judge-made and ahistorical balancing test for assessing a deprivation of the Sixth Amendment's right to a speedy trial set out in Barker v…
22-5172 Glen Torres v. Illinois Illinois 2022-07-25 Denied Response WaivedIFP co-counsel constitutional-right counsel-of-choice disqualification indigent-defendant right-to-counsel sixth-amendment trial-representation Does the Sixth Amendment right to choose one's attorney apply to private and pro bono co-counsel?
22-5177 William Eugene Moon v. Tennessee Tennessee 2022-07-25 Denied Response WaivedIFP 6th-amendment constitutional-rights criminal-procedure due-process habeas-corpus right-to-counsel sixth-amendment speedy-trial statute-of-limitations trial-delay Was the Defendant denied a speedy trial?
22-5152 In Re Jerry N. Alfred 2022-07-22 Dismissed Relisted (2)IFP constitutional-rights criminal-conviction due-process equal-protection false-evidence fourteenth-amendment habeas-corpus prosecutorial-misconduct sixth-amendment Whether the Due Process Clause of the Fourteenth Amendment to the United States Constitution is violated when a state knowingly uses false evidence to…
22-5160 Robert V. Wonsch v. Scott Crow, Director, Oklahoma Department of Corrections Tenth Circuit 2022-07-22 Denied IFP criminal-procedure due-process federal-supremacy sixth-amendment speedy-trial state-constitutional-law May-any-State-or-Territory-create-enact-or-enforce-any-penal-statute-or-constitutional-provision-in-CONTUMACY-of-the-Sixth-Amendment-right-to-a-Speedy…
22-5164 Oscar Lenton, Sr. v. Warden, FCI Edgefield Fourth Circuit 2022-07-22 Denied Response WaivedIFP brady-v-maryland brady-violation confrontation-clause due-process evidence-suppression exculpatory-evidence fair-trial government-misconduct habeas-corpus prosecutorial-misconduct sixth-amendment Whether the Appeals Court ruling deprived petitioner of his right under Brady v. Maryland, where the Government had violated its obligation to turn ov…
22-5165 Daniel Boos v. Jermaine White, Warden Eleventh Circuit 2022-07-22 Denied Response WaivedIFP constitutional-rights criminal-procedure cumulative-error cumulative-prejudice due-process effective-assistance-of-counsel ineffective-assistance sixth-amendment trial-counsel trial-errors Whether the petitioner's Sixth Amendment right to effective assistance of counsel was violated due to multiple errors by trial counsel, which cumulati…
22-5167 Regis Storm Ervin v. United States Fifth Circuit 2022-07-22 Denied Response WaivedIFP 18-usc-3583g constitutional-challenge criminal-sentencing due-process fifth-amendment mandatory-revocation sixth-amendment statutory-interpretation united-states-v-haymond Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments?
22-5147 Ortavious Devon Wilson v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2022-07-21 Denied Response WaivedIFP almendarez-torres-v-united-states certificate-of-appealability constitutional-rights criminal-procedure jury-trial mandatory-minimum mandatory-sentencing prison-releasee-reoffender sixth-amendment Whether the Petitioner's sentence violated his Sixth Amendment right to a jury trial
22-5123 Kevin Brazelton v. Tennessee Tennessee 2022-07-19 Denied Response WaivedIFP 14th-amendment 5th-amendment 6th-amendment courtroom-decorum due-process fair-trial fifth-amendment sixth-amendment stun-belt Were the Petitioner's federal due process rights violated when the trial court denied a mistrial after the Petitioner was electrically shocked in fron…
22-5131 Terry Gillard v. California California 2022-07-19 Denied Response WaivedIFP confrontation confrontation-clause criminal-procedure due-process fair-trial fourteenth-amendment sixth-amendment witness-impeachment Whether the California court's refusal to allow a witness to be impeached with his federal bank robbery conviction violated petitioner's clearly estab…
22-44 Westley Devone Harris v. Alabama Alabama 2022-07-15 Denied criminal-procedure fourteenth-amendment impartial-jury juror-misconduct jury-selection sixth-amendment voir-dire Whether a criminal defendant is deprived of his Sixth and Fourteenth Amendment rights to an impartial jury when a jury member gives dishonest and inco…
22-5115 Michael Kennedy v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2022-07-15 Denied IFP consent constitutional-rights criminal-procedure defendant-consent due-process fourteenth-amendment right-to-counsel sixth-amendment trial-counsel Does the Sixth and Fourteenth Amendments require that before a trial counsel can concede a defendant's guilt, trial counsel must first consult with th…
22-40 Isiah Dozier v. United States Eighth Circuit 2022-07-14 Denied Response Waived 18-usc-1791 criminal-defendant criminal-defense evidentiary-standard knowledge-requirement prohibited-object rock-v-arkansas rock-v-armenia sixth-amendment witness-testimony Can a Trial Court prohibit a criminal Defendant from calling a witness in his own defense, by weighing the probative value of the expected witness tes…
22-5088 Norman Blake McKenzie v. Florida Florida 2022-07-13 Denied IFP aggravating-factors constitutional-rights death-penalty due-process fourteenth-amendment jury-trial reasonable-doubt sixth-amendment Whether the failure to require the jury, and the jury alone, to find that the aggravating factors outweighed the mitigating factors, beyond and to the…
22-5099 Erwin Whitter v. Merrick B. Garland, Attorney General Eleventh Circuit 2022-07-13 Denied Response WaivedIFP advisal-statute burden-of-proof civil-rights constitutional-provisions due-process legal-rights public-defender right-to-counsel sixth-amendment Whether the petitioner has a right to be granted extended time to secure counsel, the right to obtain the burden of proof, and the right to the Sixth …
22-5102 Nathaniel Louis Daniels v. United States Fourth Circuit 2022-07-13 Denied Response RequestedResponse WaivedRelisted (3)IFP 6th-amendment armed-career-criminal-act criminal-procedure judge judicial-discretion jury jury-determination sentencing-enhancement sixth-amendment statutory-interpretation Whether the Sixth Amendment requires that a jury, rather than a judge, resolve whether prior crimes were 'committed on occasions different from one an…
22-5070 Lane Walker Waldron v. Texas Texas 2022-07-12 Denied IFP attorney-credibility constitutional-rights conviction-reversal habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-bias sixth-amendment trial-counsel Whether petitioner was denied Sixth Amendment right to effective assistance of counsel
22-5071 Daniel Toney v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2022-07-12 Denied IFP 14th-amendment 6th-amendment circumstantial-evidence due-process evidentiary-hearing fourteenth-amendment habitual-offender ineffective-assistance montgomery sixth-amendment Whether Petitioner's 6th and 14th Amendment rights to due process are being violated by denying claims based on assumption and not facts
22-5066 John Cody, aka Bobby Thompson v. Tim McConahay, Warden Sixth Circuit 2022-07-11 Denied IFP 6th-amendment actual-innocence certificate-of-appealability constitutional-claim debatability-review equal-protection-clause habeas-corpus procedural-default sixth-amendment Whether a certificate of appealability (COA) debatability review under 28 U.S.C. §2253(c)(2) allows a circuit court to deny debatability of a constitu…
22-5040 Priscilla Ann Ellis v. United States District Court for the District of Columbia District of Columbia 2022-07-06 Dismissed Response WaivedRelisted (2)IFP article-iii constitutional-rights criminal-charges criminal-procedure due-process extradition indictment right-to-counsel sixth-amendment Right-to-counsel
22-5024 Jerod Rodriguez v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2022-07-05 Denied Response RequestedResponse WaivedRelisted (2)IFP certificate-of-appealability criminal-procedure guilty-verdict ineffective-assistance ineffective-assistance-of-counsel miller-el-v-cockrell mistrial postconviction-relief prejudice-prong reasonable-jurists sixth-amendment strickland-standard whether-strickland-prejudice-prong-established
22-4 Donald G. Karr, Jr. v. Mark R. Sevier, Warden Seventh Circuit 2022-06-30 Denied Response Waived civil-rights counsel-rights davis-hatton-procedure due-process fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel procedural-default sixth-amendment Whether the Davis-Hatton Procedure is unconstitutional as-applied
22-5005 Gerardo Olvera-Vitela v. United States Fifth Circuit 2022-06-30 Denied Response WaivedIFP case-law court-of-appeals criminal-procedure due-process judicial-review legal-precedent overrule sentencing sixth-amendment supreme-court supreme-court-review writ-of-certiorari Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)?
22-5013 In Re Megan Kyte 2022-06-30 Denied IFP 4th-amendment due-process false-arrest fourth-amendment habeas-corpus malicious-prosecution search-and-seizure sixth-amendment unreasonable-search Was petitioner denied her Fourth Amendment right to a pro se habeas corpus
21-8262 Antonio Jones v. Frank Vanihel, Warden Seventh Circuit 2022-06-29 Denied Response WaivedIFP confrontation-clause cross-examination due-process fourteenth-amendment police-investigation right-to-present-defense sixth-amendment testimonial-evidence witness-credibility Whether the Sixth and Fourteenth Amendments were violated
21-8263 John Matthias Watson, III v. Nevada Nevada 2022-06-29 Denied IFP capital-murder criminal-procedure defendant-autonomy mccoy-precedent mccoy-v-louisana right-to-autonomy sixth-amendment trial-counsel unauthorized-concession Is it a concession of guilt by trial counsel which violated Mr. Watson's longstanding right to autonomy and the Sixth Amendment holding of McCoy v. Lo…
21-8279 Randy William Gay v. Arkansas Arkansas 2022-06-29 Denied IFP capital-defendant capital-punishment effective-assistance-of-counsel fair-jury fourteenth-amendment ineffective-assistance-of-counsel jury-selection sixth-amendment voir-dire Whether a capital defendant's Sixth and Fourteenth Amendments rights to a fair and impartial jury and to the effective assistance of counsel are viola…
21-8286 Thomas Richie McBride v. Texas Texas 2022-06-29 Denied IFP constitutional-rights double-jeopardy due-process judicial-proceedings jury-trial repeat-offender sentencing sixth-amendment Whether the trial court proceedings constituted a mistrial that voided the 1984 judgment and sentence
21-1611 Robert Koger v. United States Fourth Circuit 2022-06-29 Denied Response Waived conflict-of-interest criminal-defense criminal-investigation defense-counsel disclosure due-process reversal sixth-amendment witness witness-testimony Whether a criminal defendant establishes an actual unwaiveable conflict of interest that adversely affects counsel's representation
21-8243 Michael Shane Bargo v. Florida Florida 2022-06-28 Denied IFP burden-of-proof criminal-defense due-process ineffective-assistance plea-of-not-guilty presumption-of-innocence right-to-counsel sixth-amendment structural-error Did Mr. Bargo show that a violation of his rights occurred, pursuant to McCoy, when he explicitly entered a plea of not guilty and maintained his inno…
21-8238 James Seeley v. United States Second Circuit 2022-06-27 Denied Response WaivedIFP 18-usc-2252a constitutional-interpretation criminal-procedure due-process fourth-amendment proportionality sentencing-commission sentencing-guidelines sixth-amendment statutory-authority statutory-interpretation What is the correct United States Sentencing Guideline for a conviction under 18 U.S.C. 2252A?
21-8227 Jose Fernando Ochoa-Fabian v. United States Fifth Circuit 2022-06-24 Denied Response WaivedIFP case-law constitutional-law court-of-appeals criminal-procedure due-process judicial-review legal-precedent sentencing sixth-amendment supreme-court supreme-court-review writ-of-certiorari Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)?
21-8205 Bobby Charles Byrd v. Tim Hooper, Warden Fifth Circuit 2022-06-23 Denied Response WaivedIFP aggravated-flight constitutional-rights due-process false-evidence fourteenth-amendment ineffective-assistance-of-counsel right-to-counsel-of-choice sixth-amendment whether-mr-byrd-was-denied-effective-assistance-of-appellate-counsel
21-1584 Martin Louis Ballard v. United States Fourth Circuit 2022-06-23 Denied Response Waived drug-conspiracy due-process fair-trial fifth-amendment ineffective-assistance ineffective-assistance-of-counsel mistrial murder-for-hire sixth-amendment Is the right of Martin Ballard to due process of law under the Fifth Amendment and the right to a fair and impartial fact finder in his trial under th…
21-1579 Stephen Alexander v. Georgia Georgia 2022-06-22 Denied Response Waived courtroom-closure fundamental-unfairness ineffective-assistance ineffective-assistance-of-counsel prejudice prejudice-analysis sixth-amendment strickland-standard strickland-v-washington When Defense Counsel errs by not objecting to an improper courtroom closure, should reviewing courts apply a 'fundamental unfairness' test, or the tra…
21-8203 Galina Rytsar v. Lonnie Oliver, Superintendent, State Correctional Institution at Cambridge Springs Third Circuit 2022-06-22 Denied Response WaivedIFP criminal-procedure deportation-consequences discovery due-process guilty-plea habeas-corpus impeachment-of-witnesses ineffective-assistance sixth-amendment sixth-amendment-right translation Ineffective-assistance-of-counsel
21-8204 Reginald Brown v. United States Eleventh Circuit 2022-06-22 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process forfeiture ineffective-counsel pro-se pro-se-representation right-to-counsel severance sixth-amendment Whether the district court erred by denying the motions for severance?
21-8188 Joe Davis, Jr. v. Florida Florida 2022-06-21 Denied IFP client-advice constitutional-rights criminal-procedure effective-assistance-of-counsel plea-bargaining plea-offer right-to-counsel sixth-amendment Whether the Sixth Amendment right to the effective assistance of counsel requires counsel to advise his client whether acceptance or rejection of a pl…
21-8174 Scott Svoboda v. Ohio Ohio 2022-06-17 Denied IFP attorney-client-privilege attorney-client-relationship confiscation criminal-procedure effective-assistance-of-counsel prosecutorial-misconduct right-to-counsel sixth-amendment trial-strategy Whether a criminal defendant is denied his right to the effective assistance of counsel
21-8177 Marlin Larice Joseph v. Florida Florida 2022-06-17 Denied IFP constitutional-safeguards cruel-and-unusual-punishment death-penalty due-process eighth-amendment fourth-amendment geographic-arbitrariness sixth-amendment standards-of-decency Does the death penalty violate the Eighth Amendment?
21-8158 Larry Jose Torrez-Gutierrez v. United States Fifth Circuit 2022-06-16 Denied Response WaivedIFP case-law constitutional-law criminal-procedure due-process fifth-circuit judicial-precedent sentencing sixth-amendment stare-decisis statutory-interpretation supreme-court-review writ-of-certiorari Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)?
21-8159 Danny Leon Lynch, Jr. v. United States Fifth Circuit 2022-06-16 Denied Response WaivedIFP constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment sentencing sixth-amendment statutory-interpretation supervised-release Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments?
21-8135 Zachary Chandler v. United States Eleventh Circuit 2022-06-14 Denied Response WaivedIFP adversarial-testing criminal-defense criminal-procedure due-process evidentiary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-sympathy sixth-amendment sympathy-defense trial-strategy Whether counsel was ineffective due to defense strategy
21-8137 David Lee Green v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2022-06-14 Denied Response WaivedIFP 28-usc-2253 certificate-of-appealability criminal-procedure entrapment ineffective-assistance ineffective-assistance-of-counsel miller-el-v-cockrell reasonable-jurists sixth-amendment strategic-decision undercover-operation Whether an attorney's decision to forego a viable defense can be considered 'strategic' if the attorney misunderstood the law
21-8138 Lawrence J. Gerrans v. United States Ninth Circuit 2022-06-14 Denied Response WaivedIFP civil-rights criminal-procedure first-amendment free-exercise religious-rights sixth-amendment structural-error trial-rights May a district court prohibit a defendant from possessing and consulting a Bible during a criminal trial?
21-1557 Dayonta McClinton v. United States Seventh Circuit 2022-06-14 Denied Amici (6)Response RequestedResponse WaivedRelisted (14) criminal-procedure criminal-sentencing double-jeopardy fifth-amendment judicial-discretion jury-acquittal sentencing sixth-amendment Whether the Fifth and Sixth Amendments prohibit a federal court from basing a criminal defendant's sentence on conduct for which a jury has acquitted …
21-1562 Jermel Leon Reed v. Harold W. Clarke, Director, Virginia Department of Corrections Virginia 2022-06-14 Denied Response Waived 14th-amendment 5th-amendment constitutional-rights criminal-procedure due-process effective-assistance-of-counsel fifth-amendment fourteenth-amendment grand-jury grand-jury-indictment ineffective-assistance-of-counsel sixth-amendment Was Reed's right to a grand jury indictment secured by the Fourteenth and Fifth Amendment to the United States Constitution violated when Reed was not…
21-1553 Ramin Khorrami v. Arizona Arizona 2022-06-10 Denied Amici (3)Relisted (5) 14th-amendment 6th-amendment constitutional-rights due-process felony fourteenth-amendment impartial-jury jury-trial original-public-meaning precedent sixth-amendment Whether the Sixth and Fourteenth Amendments guarantee the right to a trial by a 12-person jury when the defendant is charged with a felony
21-8120 Willie Alfred Green v. Delijah Washington Eleventh Circuit 2022-06-10 Denied Response WaivedIFP brady-claim brady-claims due-process effective-assistance false-evidence guilty-plea materially-exculpatory-evidence perjured-testimony prosecutorial-misconduct sixth-amendment Are Brady claims available for defendants who plead guilty when the prosecution withholds materially exculpatory evidence?
21-8098 Rocky Christian v. Florida Florida 2022-06-09 Denied Response WaivedRelisted (2)IFP anders-review appellate-procedure appellate-review fourteenth-amendment jury-instruction plain-error self-defense self-defense-instruction sixth-amendment Did the Fifth District Court of Appeal for the State of Florida conduct an adequate review of the record pursuant to Anders v. California 386 U.S. 738…
21-8086 Jeremiah F. Wooden v. Massachusetts Massachusetts 2022-06-08 Denied Response WaivedIFP criminal-procedure criminal-record guilty-plea ineffective-assistance informed-consent meritorious-defenses plea-bargaining plea-counsel right-to-counsel sixth-amendment Whether plea counsel has a duty to advise of the impact of a conviction on his client's criminal record before a guilty plea
21-8094 In Re Marcus O'Neal Jenkins 2022-06-08 Denied Response WaivedRelisted (2)IFP arrest booked-on-charges civil-rights criminal-procedure custody due-process sixth-amendment speedy-trial Evidentiary Hearings on Jenkins' Ground Four Claim
21-8074 Juan Jesus Barrieta-Barrera v. United States Fifth Circuit 2022-06-07 Denied Response WaivedIFP constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment parole sentencing sixth-amendment statutory-interpretation supervised-release Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments?
21-8076 Siva K. Durbesula v. United States Fourth Circuit 2022-06-07 Denied Response WaivedIFP constitutional-rights criminal-procedure enhanced-punishment enhanced-punishments judicial-fact-finding jury sixth-amendment special-assessment speedy-trial-act supervised-release Whether the Sixth Amendment requires a jury rather than a judge to determine facts which are used to apply enhanced punishments including the period o…
21-8064 Antonio D. Shannon v. Randall Hepp, Warden Seventh Circuit 2022-06-06 Denied Response WaivedIFP counsel-obligations criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel right-to-counsel right-to-testify sixth-amendment whether-the-defendant-has-the-right-to-testify
21-8067 Juan Gomez v. Scott Frauenheim, Warden Ninth Circuit 2022-06-06 Denied IFP child-sexual-abuse criminal-procedure culpability due-process fourteenth-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel intellectual-disability sixth-amendment Whether the petitioner's Sixth Amendment right to effective assistance of counsel was violated when his trial counsel failed to investigate and presen…
21-8053 Ron Delano Kuntz v. United States Third Circuit 2022-06-03 Denied Response WaivedIFP concurrent-representation conflict-of-interest crime-of-violence critical-stages cuyler-v-sullivan district-court jury-trial sentence-enhancement sixth-amendment Whether a conflict arises when trial counsel's concurrent representation ends prior to trial
21-8042 Etheria Verdell Jackson v. Florida Florida 2022-06-02 Denied IFP aggravating-factors constitutional-rights death-penalty hurst-v-florida jury-recommendation jury-trial sixth-amendment sixth-amendment-right Whether a jury's advisory recommendation of death which does not identify the specific aggravators found, nor whether the aggravators were found unani…
21-8027 Derek J. DeGroot v. Wisconsin Wisconsin 2022-06-01 Denied Response WaivedIFP competency conflict-of-counsel counsel-conflict faretta-colloquy faretta-v-california pro-se-representation self-representation sixth-amendment timeliness trial-court-discretion Does the Sixth Amendment require a trial court to conduct a competency colloquy where a defendant makes a mid-trial demand to represent himself?
21-1504 Jason Wayne Carlile v. Texas Texas 2022-06-01 Denied Response Waived adversarial-testing criminal-procedure due-process fair-trial fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel sixth-amendment Whether a defense attorney's complete failure to subject the State's case to adversarial testing during a trial deprives a criminal defendant of the e…
21-8000 Elijah Johnson v. California California 2022-05-31 Denied Response WaivedIFP appellate-review constitutional-interpretation criminal-procedure general-verdict inconsistent-verdicts jury-trial reasonable-doubt sixth-amendment Whether a reviewing court may uphold a general verdict by relying on a specific fact the jury rejected as not proved beyond a reasonable doubt, in lig…
21-7983 Allen James Harrison v. Louisiana Louisiana 2022-05-27 Denied Response WaivedIFP due-process fifth-amendment fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel plea-bargain sixth-amendment Whether Petitioner was denied due process under the Fifth and Fourteenth Amendments when retained counsel admitted fault concerning a plea bargain, co…
21-7995 Joseph Kurz v. Tim Hooper, Warden Fifth Circuit 2022-05-27 Denied Response WaivedIFP constitutional-amendments criminal-procedure due-process effective-assistance-of-counsel ex-post-facto fifth-circuit fourteenth-amendment reasonable-jurists sixth-amendment Whether reasonable jurists would determine there was sufficient evidence to support convictions
21-7975 Amir Karim Beigali v. United States Sixth Circuit 2022-05-26 Denied Response WaivedIFP 924-c consecutive-sentences constitutional-interpretation criminal-sentencing double-jeopardy due-process fifth-amendment mandatory-minimum section-924c sixth-amendment supervised-release Whether the Fifth and Sixth Amendment prohibit a consecutive mandatory penalty under 18 U.S.C. § 924(c)(1)(C)(i) when the second § 924(c) offense was …
21-7978 Patrick Clay Kunkel v. California California 2022-05-26 Denied IFP brady-violation confrontation-clause double-jeopardy due-process newly-discovered-evidence prosecutorial-misconduct sixth-amendment Where petitioner received a conviction for premeditated attempted murder and attempted manslaughter of two individuals, were such that petitioner was …
21-7956 Timothy McClendon v. Chris Brewer, Warden Eighth Circuit 2022-05-25 Denied Response WaivedIFP certificate-of-appealability constitutional-rights fifth-amendment fourteenth-amendment interrogation-technique miranda-rights miranda-v-arizona missouri-v-seibert sixth-amendment Whether jurists of reason could debate the district court's conclusion that the detectives' actions were not a coordinated two-step interrogation tech…
21-7908 Jose Mejia v. New York New York 2022-05-19 Denied Response WaivedIFP criminal-procedure due-process fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel retroactive-application retroactivity sixth-amendment Does the failure to apply the amendment retroactively deprive a defendant of his fundamental rights under the Sixth and Fourteenth amendments where he…
21-7904 Vladimir Duarte v. New York New York 2022-05-18 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process faretta-standard faretta-v-california self-representation sincerity sixth-amendment unequivocal-request waiver-of-counsel Whether a court must assess only the plain language of a defendant's self-representation request or also determine whether the defendant sincerely des…
21-7910 Kendrick Dwight Marshall v. United States Fifth Circuit 2022-05-18 Denied Response WaivedIFP constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment sentencing sixth-amendment statutory-interpretation supervised-release Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments?
21-7892 Abdul Samuels v. United States District of Columbia 2022-05-17 Denied Response WaivedIFP conflict-of-interest court-of-appeals due-process ineffective-assistance remand representation right-to-counsel sixth-amendment trial-counsel Did the court of appeals err in denying Petitioner—whose trial counsel had a conflict of interest because his child was applying for a job at the U.S.…
21-7854 Michael G. Peters v. David Hittner, Judge Fifth Circuit 2022-05-13 Dismissed IFP confrontation-clause criminal-procedure cross-examination hearsay sixth-amendment unavailability Whether the Sixth Amendment's Confrontation Clause prohibits the admission of testimonial hearsay statements in a criminal trial when the declarant is…
21-7855 James Wells Horsey v. Oklahoma Oklahoma 2022-05-13 Denied Relisted (2)IFP blockburger-test constitutional-rights due-process eighth-amendment fifth-amendment first-amendment juvenile-pornography same-evidence-test sixth-amendment Can possession of juvenile pornography be considered child or adult pornography?
21-7862 Mark DeWayne Hallcy v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2022-05-13 Denied Relisted (2)IFP appellate-review constitutional-rights criminal-procedure due-process habeas-corpus mootness ninth-circuit post-conviction-relief sentencing sixth-amendment Does the aggravated assault with deadly weapon conviction moot the petitioner's § 2254 motion seeking relief?
21-7869 Timothy Thibodeaux v. Tim Hooper, Warden Fifth Circuit 2022-05-13 Denied Response WaivedIFP confrontation-clause confrontation-right constitutional-rights criminal-procedure due-process evidence fourteenth-amendment pro-se-petition sixth-amendment whether-mr-thibodeaux's-conviction-was-obtained-in-violation-of-the-sixth-and-fourteenth-amendments
21-7838 Leonardo Divinci Larck v. United States Eleventh Circuit 2022-05-11 Denied Response WaivedIFP communication-failure constitutional-rights criminal-procedure effective-assistance-of-counsel ineffective-assistance-of-counsel lapsed-plea-offer plea-bargaining plea-offer sixth-amendment Does the Sixth Amendment right to effective assistance of counsel require counsel to communicate a client's inquiry/response to a formal plea offer?
21-7844 James R. W. Mitchell v. Raymond Madden, Warden Ninth Circuit 2022-05-11 Denied Response WaivedIFP counsel-appointment court-discretion criminal-defendant criminal-procedure faretta-right faretta-v-california mccoy-v-louisiana right-to-counsel right-to-self-representation self-representation sixth-amendment Whether the state court unreasonably applied Faretta v. California by reading a timeliness requirement into the right to self-representation
21-7825 Charles Wycuff v. Ed Sheldon, Warden Sixth Circuit 2022-05-10 Denied Response WaivedIFP constitutional-amendments due-process effective-assistance-of-counsel equal-protection fifth-amendment fourteenth-amendment miscarriage-of-justice procedural-default sixth-amendment Whether the procedural default creates a miscarriage of justice that denies Petitioner his fundamental rights
21-7827 Stephen Luis Haro v. United States Ninth Circuit 2022-05-10 Denied Response WaivedIFP confrontation-clause due-process evidence-rule fair-trial government-negligence material-witness sixth-amendment trial-court Whether the trial court deprived Haro of his Sixth Amendment right to confrontation when it admitted at trial the unconfronted, out-of-court testimony…
21-7797 Michael G. Peters v. Texas Medical Board Fifth Circuit 2022-05-06 Dismissed IFP administrative-law administrative-procedure agency-action breakdown-of-communication criminal-procedure due-process effective-assistance-of-counsel judicial-review right-to-counsel sixth-amendment statutory-interpretation substitute-counsel Whether the Sixth Amendment right to effective assistance of counsel requires courts to appoint substitute counsel when a defendant demonstrates a com…
21-1424 Marjana Hoti v. City of Warren, Michigan Michigan 2022-05-05 Denied Response WaivedRelisted (3) due-process external-influence fair-trial judicial-ethics jury-misconduct jury-tampering prosecutorial-misconduct sixth-amendment trial-procedure Is it an external influence on the jury when the prosecutor and one of the sitting jurors had prior secret contacts before the trial starts?
21-7766 Jacory Brown v. Christian Pfeiffer, Warden Ninth Circuit 2022-05-04 Denied IFP constitutional-rights criminal-procedure district-court due-process effective-assistance ineffective-assistance-of-counsel legal-claims prima-facie-case sixth-amendment strickland-v-washington When does a showing under Strickland v. Washington establish a prima facie case of ineffective assistance of counsel under the Sixth Amendment?
21-7771 James Lamar Strickland v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2022-05-04 Denied Response WaivedIFP brady-disclosure criminal-procedure due-process fundamental-fairness ineffective-assistance ineffective-assistance-of-counsel prejudice-standard sixth-amendment strickland-standard strickland-v-washington Whether the court of appeals improperly applied the prejudice standard articulated by this Court in Strickland v. Washington, 466 U.S. 668 (1984)
21-1409 Prince Bixler v. United States Sixth Circuit 2022-05-03 Denied Response Waived controlled-substances cross-examination federal-rule-of-evidence-412 fifth-amendment prostitution sentencing-enhancement sex-trafficking sixth-amendment Whether Bixler's rights under the Fifth and Sixth Amendments were violated
21-1398 Nelson Daniel Centeno v. Commonwealth of Puerto Rico Puerto Rico 2022-05-02 Denied acquittals constitutional-law constitutional-rights criminal-procedure judicial-precedent non-unanimous-verdict puerto-rico puerto-rico-law ramos-v-louisiana sixth-amendment Does this Court's decision in Ramos v. Louisiana bar Puerto Rico from continuing to authorize non-unanimous acquittals?
21-1407 Symon Mandawala v. Northeast Baptist Hospital, et al. Fifth Circuit 2022-05-02 Denied Relisted (2) civil-rights conflict-of-interest conspiracy due-process judge judicial-bias lawyer section-1983 sixth-amendment Whether a judge's conspiracy with a private lawyer to obtain an out-of-time motion to dismiss violates due process
21-7757 Mark Stinson v. United States Sixth Circuit 2022-05-02 Denied Response WaivedIFP conflict-of-interest constitutional-provisions due-process fair-trial judicial-inquiry right-to-counsel sixth-amendment Whether a Judge inquire into the propriety of the issue?
21-7752 William Edward Gray v. Arkansas Arkansas 2022-04-29 Denied Response WaivedIFP appellate-review burden-of-proof due-process effective-assistance-of-counsel procedural-default sixth-amendment Whether trial counsel's failure to properly preserve error for appellate review constituted ineffective assistance
21-7738 Guillermo Mata-Valerio v. United States Fifth Circuit 2022-04-28 Denied Response WaivedIFP appellate-procedure certiorari constitutional-interpretation criminal-law criminal-procedure due-process judicial-precedent sentencing sixth-amendment stare-decisis statutory-interpretation supreme-court-review Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)?
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…
21-7743 Matthew J. Kidder v. Nebraska Nebraska 2022-04-28 Denied Response WaivedIFP constitutional-rights counsel criminal-procedure due-process effective-assistance-of-counsel fourteenth-amendment habeas-corpus ineffective-assistance sentencing sixth-amendment state-court-jurisdiction Is the State Court required to hear and make a determination on the Petitioner's U.S. Constitutional Sixth and Fourteenth Amendment right to effective…
21-7732 Oji Konata Markham v. Vicki Janssen, Warden Eighth Circuit 2022-04-27 Denied IFP brady-violation court-of-appeals due-process fair-trial fourth-amendment ineffective-assistance prejudice probable-cause sixth-amendment warrantless-arrest Whether the court of appeals properly assessed prejudice when it considered the Brady v. Maryland, 373 U.S. 83 (1963) violation
21-7730 Justin L. Martin v. Mark Brnovich, Attorney General of Arizona, et al. Ninth Circuit 2022-04-27 Denied Response WaivedIFP 6th-amendment constitutional-rights due-process false-testimony fourteenth-amendment ineffective-assistance-of-counsel prosecutorial-misconduct sixth-amendment strickland-standard Was Defense Counsel ineffective for failing to object to the states known use of false testimony in Petitioners trial, violating his Constitutional Du…
21-7698 Daniel Davis v. United States Fifth Circuit 2022-04-26 Denied Response WaivedIFP confrontation-clause correctional-officer evidence hearsay prison sixth-amendment Was the Sixth Amendment right of confrontation violated by the introduction of a correctional officer's statement and testimony about another officer'…
21-7666 Izell Delorean Grissett, Jr. v. United States Fourth Circuit 2022-04-21 Denied Response WaivedIFP apprendi apprendi-ruling collateral-review constitutional-claim criminal-procedure guidelines mandatory-guidelines miscarriage-of-justice section-2255 sentencing sentencing-guidelines sixth-amendment Whether the Sixth Amendment requires the fact of a first-degree murder cross reference under § 2A1.1 to be treated as an element when that finding is …
21-7668 Russell Haley v. Mississippi Mississippi 2022-04-21 Denied Response WaivedIFP constitutional-rights conviction-challenge counsel criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargaining right-to-counsel sixth-amendment Whether a defendant who pleads guilty has the right to make a Sixth Amendment claim of ineffective assistance of counsel due to counsel's deficient pe…
21-7669 Thomas Hoey, Jr. v. United States Second Circuit 2022-04-21 Denied Response WaivedIFP attorney-client-privilege civil-rights constitutional-law constitutional-rights criminal-procedure due-process fifth-amendment legal-precedent sixth-amendment Does new precedent need to be set to protect the Fifth and Sixth Amendments, and the attorney-client privilege?
21-7660 Scott McLaughlin v. Anne L. Precythe, Director, Missouri Department of Corrections Eighth Circuit 2022-04-20 Denied IFP capital-habeas cumulative-errors expert-witness ineffective-assistance ineffective-assistance-of-counsel mental-illness opening-statement prejudice-analysis sixth-amendment strickland-standard strickland-v-washington Whether a reviewing court should consider the cumulative effect of multiple errors by trial counsel in assessing Strickland deficiency and prejudice
21-7661 Antron Adon Tucker v. Virginia Virginia 2022-04-20 Denied Response WaivedIFP 6th-amendment barker-v-wingo constitutional-right due-process prosecutorial-delay sixth-amendment speedy-trial statutory-interpretation statutory-right virginia-constitution Whether Petitioner's Constitutional right to a speedy-trial has been violated
21-7637 Marecellus Adams v. Tim Hooper, Warden Fifth Circuit 2022-04-18 Denied Response WaivedIFP criminal-procedure defense-strategy due-process fundamental-fairness habeas-corpus ineffective-assistance ineffective-assistance-of-counsel right-to-counsel sixth-amendment Did trial counsel violate Adams's right to choose the objective of his defense when he conceded guilt over his express objection?
21-7639 Elizabeth Carley v. Dwight Neven, Warden, et al. Ninth Circuit 2022-04-18 Denied Response WaivedIFP constitutional-interpretation constitutional-law effective-assistance-of-counsel fourth-amendment search-and-seizure sixth-amendment statutory-interpretation supreme-court-precedent Whether the Fourth Amendment search and seizure issues and Sixth Amendment effective assistance of counsel issues were correctly interpreted, or contr…
21-1357 James S. Tyler, III v. Darrel Vannoy, Warden Louisiana 2022-04-18 Denied Amici (1) capital-defendant collateral-review criminal-procedure mccoy right-to-counsel sixth-amendment substantive-rule teague-bar Where a capital defendant objected to his attorney's concession of guilt, does the explicit text of the Sixth Amendment and longstanding right to coun…
21-7631 Johnell Lee Carter v. Hunter Anglea, Warden Ninth Circuit 2022-04-15 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process pro-per pro-per-status right-to-counsel self-representation sixth-amendment trial-court-discretion Whether the trial court denied Petitioner's right to self-representation
21-7610 Terry Smith v. Florida, et al. Florida 2022-04-14 Denied Response WaivedIFP autopsy autopsy-testimony confrontation-clause due-process evidence forensic-evidence hearsay medical-examiner sixth-amendment testimony Does Florida's practice of allowing a medical examiner to testify to an autopsy he/she did not perform violate the Confrontation Clause?
21-7606 Michael La Donte Scott v. Robert W. Fox, Warden Ninth Circuit 2022-04-13 Denied Response WaivedIFP constitutional-rights criminal-procedure ineffective-assistance ineffective-assistance-of-counsel plea-bargaining right-to-counsel sixth-amendment strickland-v-washington time-barred-charges Whether petitioners were denied effective assistance of counsel under Strickland v. Washington (1984) when their counsel provided incompetent advice t…
21-7607 Devunaire Damorea Sims v. Michigan Michigan 2022-04-13 Denied IFP appellate-counsel due-process effective-assistance-of-counsel evidentiary-hearing fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel plea-hearing sixth-amendment Did the Michigan Supreme Court err in denying this issue when Petitioner was denied his Sixth Amendment right to the effective assistance of counsel w…
21-7611 John Charles Eichinger v. George Little, Acting Secretary, Pennsylvania Department of Corrections, et al. Third Circuit 2022-04-13 Denied IFP capital-trial certificate-of-appealability due-process homicide ineffective-assistance-of-counsel plea-bargaining remorse remorse-mitigation right-to-counsel sixth-amendment Did the Third Circuit violate the rule of Hill v. Lockhart and wrongly deny a certificate of appealability on Petitioner's claim that counsel induced …
21-7618 Tony Gene Williams, Sr. v. Texas Texas 2022-04-13 Denied Relisted (2)IFP confrontation-clause due-process habeas-corpus hearsay-testimony insufficient-evidence jailhouse-snitch newly-discovered-evidence sixth-amendment Whether the lower court erred in denying the petition for writ of certiorari
21-7561 Ana Duarte-Pineda v. United States Fourth Circuit 2022-04-06 Denied Response WaivedIFP appellate-counsel appellate-review conflict-of-interest criminal-procedure due-process indigent-defendant ineffective-assistance pro-se-response sixth-amendment sua-sponte-replacement Whether an appellate court has a duty to replace a defendant's appellate counsel with unconflicted counsel when the defendant's pro se response to an …
21-7564 Armstead Kieffer v. United States Fifth Circuit 2022-04-06 Denied Response WaivedIFP civil-rights constitutional-vagueness due-process federal-jurisdiction fourteenth-amendment fourth-amendment free-speech patent sixth-amendment standing takings Whether the unconstitutionally vague language, struck down by the Court in 185 OG, violates 35 USC 112(b)
21-7566 Andrew James Johnston v. John Devries Seventh Circuit 2022-04-06 Denied Response WaivedIFP criminal-procedure due-process fair-trial jury-selection public-trial sixth-amendment Whether the Sixth Amendment right to a public trial applies to voir dire proceedings
21-7540 In Re Rufus Paul Harris 2022-04-05 Denied Response WaivedIFP constitutional-right fair-trial in-absentia pro-se-defendant pro-se-representation self-representation sixth-amendment stand-by-counsel trial-court Whether the Sixth Amendment requires a trial court to permit existing stand-by counsel to assume representation for an 'in absentia' pro-se defendant?
21-7549 Ernesto Palacios-Martinez v. United States Fifth Circuit 2022-04-05 Denied Response WaivedIFP apprendi-v-new-jersey constitutional-law criminal-procedure immigration-law indictment sentencing sentencing-enhancement sixth-amendment statutory-interpretation statutory-maximum Whether Almendarez-Torres v. United States was wrongly decided
21-7551 In Re Mark Jendrzejewski 2022-04-05 Denied IFP brady-violation due-process evidence-withholding false-testimony fourteenth-amendment habeas-corpus ineffective-assistance-of-counsel prosecutorial-misconduct sixth-amendment witness-testimony Due-process-violation-by-prosecutor
21-7501 Helen Tyne Mayfield v. Texas Texas 2022-03-31 Denied Response WaivedIFP criminal-procedure due-process equal-protection fourteenth-amendment habeas-corpus right-to-confrontation right-to-counsel sixth-amendment trial-in-abstentia Whether the Texas Court of Criminal Appeals abused its discretion in not reviewing a petition for discretionary review and writ of habeas corpus for m…
21-7497 In Re Willie T. Murphy 2022-03-30 Denied IFP collateral-proceeding collateral-review constitutional-right due-process ineffective-assistance legal-counsel martinez-v-ryan prisoner-rights right-to-counsel sixth-amendment Does a prisoner have a right to effective assistance of counsel in a collateral proceeding which provides the first occasion to raise a claim of ineff…
21-7484 Hayze L. Schoonover v. Illinois Illinois 2022-03-29 Denied Response WaivedIFP courtroom-closure defendant-rights media-access overriding-interest public-trial sixth-amendment substantial-reason waller-test Whether allowing the media to remain in the courtroom preserves a defendant's Sixth Amendment right to a public trial during a partial courtroom closu…
21-7476 Samuel Lee Dantzler v. Randee Rewerts, Warden Sixth Circuit 2022-03-28 Denied Response WaivedIFP criminal-procedure due-process expert-witness habeas-corpus ineffective-assistance ineffective-assistance-of-counsel scientific-evidence sixth-amendment Whether a criminal defendant is entitled to a scientific expert essential to confront prosecution's expert analysis
21-7456 Robert Earl Rowles v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2022-03-25 Denied IFP criminal-procedure effective-assistance-of-counsel evidentiary-hearing florida-law ineffective-assistance outcome-of-proceeding post-conviction reasonable-probability right-to-counsel sixth-amendment strategic-decision Whether a Petitioner who is serving a life sentence without the possibility of parole is denied his constitutional rights to counsel where counsel's r…
21-7473 Antwoyn Terrell Spencer v. United States Eighth Circuit 2022-03-25 Denied Response RequestedResponse WaivedRelisted (2)IFP criminal-procedure drug-conspiracy due-process first-step-act habeas-corpus jury-trial sentencing-guidelines sixth-amendment Whether Weer Poltoner is being deprived of his Sixth Amendment right to a jury trial
21-7461 Antonio D. Rooks-Byrd v. Nebraska Nebraska 2022-03-24 Denied Response WaivedIFP amendment-violation constitutional-rights due-process eighth-amendment equal-protection fourteenth-amendment legal-procedure plea-agreement sixth-amendment speedy-trial Do the Fifth, Sixth, Eighth and Fourteenth Amendment's under the U.S. Constitution apply for Sixth Month Speedy Trial violation?
21-1291 Rodney Muschette v. United States Second Circuit 2022-03-24 Denied Response Waived 404(b)-evidence 5th-amendment circuit-split confrontation-clause due-process fifth-amendment fundamentally-unfair-trial hearsay-testimony sixth-amendment Was Mr. Muschette denied his 5th Amendment right to due process?
21-1282 Christopher Ryan Martin v. Nevada Nevada 2022-03-23 Denied Response Waived 6th-amendment apprendi-doctrine civil-rights criminal-sentencing due-process jury-trial prior-convictions sentence-enhancement sentencing-factors sixth-amendment Whether this Court should overrule AlmendarezTorres in light of Apprendi and its progeny
21-7449 Leonard S. Taylor v. Paul Blair, Warden Eighth Circuit 2022-03-23 Denied IFP capital-punishment capital-trial closing-argument ineffective-assistance ineffective-assistance-of-counsel martinez-standard martinez-v-ryan mccoy-v-louisiana nixon-v-florida sixth-amendment strickland-test strickland-v-washington Whether the decision to forego a closing argument in the penalty phase of a capital murder trial is a tactical decision for trial counsel to make or a…
21-7400 Derrick U. Stricklin v. Nebraska Nebraska 2022-03-17 Denied IFP alibi-evidence capital-case capital-punishment criminal-procedure fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel sixth-amendment trial-tactics Whether the failure of defense counsel to file a notice of alibi and present ample alibi evidence when instructed to do so by the defendant in a capit…
21-7401 Harold Edwards v. Nevada, et al. Ninth Circuit 2022-03-17 Denied Response WaivedIFP criminal-procedure due-process effective-assistance-of-counsel eighth-amendment fourteenth-amendment habitual-sentence liberty-interest sixth-amendment state-court state-procedure Did the state district court judge's failure to abide by Nevada's state procedural laws violate my constitutionally protected liberty interest, Fourte…
21-7409 Jory Russell Strizich v. Montana Montana 2022-03-17 Denied Response WaivedIFP criminal-defense due-process evidentiary-ruling evidentiary-rulings flight-evidence fourteenth-amendment holmes-precedent holmes-v-south-carolina sixth-amendment Whether the Sixth and Fourteenth Amendment right to defend in a criminal case can be denied on unique state evidentiary rulings?
21-7385 Juan M. Alcaraz v. Brian Williams, Warden, et al. Ninth Circuit 2022-03-16 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process ineffective-assistance-of-counsel prosecutorial-misconduct sixth-amendment Did the Ninth Circuit err in finding that Mr. Alcaraz did not make a substantial showing of the denial of a constitutional right regarding trial couns…
21-7388 Amos Joseph Wells, III v. Texas Texas 2022-03-16 Denied IFP constitutional-violation death-penalty due-process fact-finding ineffective-assistance post-conviction post-conviction-relief racial-animus sixth-amendment When a state provides a mandatory procedure for fact-finding in post-conviction death penalty cases where a constitutional violation is pleaded, does …
21-1254 Allen Bregman v. Florida Florida 2022-03-16 Denied burden-of-proof circumstantial-evidence due-process ex-post-facto fifth-amendment fourteenth-amendment pre-indictment-delay sixth-amendment tactical-advantage united-states-v-lovasco Whether United States v. Gouveia departed from the two-tier test for determining a due-process violation
21-1247 Karina Rafter v. Virginia Virginia 2022-03-15 Denied Response Waived bias confrontation-clause out-of-court-statements reliability sixth-amendment state-of-mind-exception unreliability Does the admission of out-of-court statements of a decedent, offered under the state-of-mind exception, violate the Confrontation Clause of the Sixth …
21-7374 William A. Noguera v. Ronald Davis, Warden Ninth Circuit 2022-03-15 Denied Response WaivedIFP conflict-of-interest constitutional-right counsel-representation cuyler-v-sullivan holloway-v-arkansas ineffective-assistance ineffective-assistance-of-counsel sixth-amendment successive-representation Did the Ninth Circuit's opinion create a conflict with relevant decisions of this Court in concluding that Sullivan's standard applies only when a def…
21-7376 Khalil Stafford v. United States Third Circuit 2022-03-15 Denied Response WaivedIFP double-jeopardy fifth-amendment jury-dismissal murder new-jersey rico rico-offense sixth-amendment state-law-prosecution vicar Does the Double Jeopardy Clause preclude a Federal jury from considering petitioner's guilt for murder under New Jersey law after a New Jersey jury ac…
21-7354 Joseph Patrick Keel v. Florida Florida 2022-03-14 Denied Response WaivedIFP alleyne-precedent apprendi-rule criminal-procedure criminal-sentencing due-process identity judicial-interpretation prior-convictions prior-record-exception sentencing sixth-amendment Whether courts have incorrectly applied a 'prior-record' exception to Apprendi and Alleyne
21-7348 Andrew Prescott v. Appellate Court of Illinois, Fourth District Illinois 2022-03-11 Denied IFP 14th-amendment 6th-amendment due-process ex-parte-communication fair-hearing fourteenth-amendment impartial-tribunal self-representation sixth-amendment Do the 6th Amendment; Section1 and Section 5 of the 14th Amendment; 28 U.S. Code § 1654, and state laws or provisions, grant individuals the right to …
21-1226 Michael Washington v. Florida Department of Transportation Florida 2022-03-09 Denied Response Waived appellate-review civil-procedure constitutional-waiver counsel-representation due-process forfeiture fundamental-rights right-to-counsel sixth-amendment trial-rights waiver Whether the reasoning in Olano applies in a civil context where the failure of a party's counsel to object to closing argument due to misconduct or ne…
21-7296 Frank C. Gonzalez v. California California 2022-03-07 Denied IFP 5th-amendment 6th-amendment aggravating-circumstances constitutional-rights death-penalty due-process fifth-amendment jury jury-finding sixth-amendment Does California's death penalty scheme violate the requirement that every fact, other than a prior conviction, that serves to increase the statutory m…
21-7266 Fredy Zamora-Reyes v. United States Fifth Circuit 2022-03-03 Denied Response WaivedIFP almendarez-torres apprendi constitutional-interpretation criminal-procedure notice-clause prior-conviction sentencing-enhancement sixth-amendment Can a court, consistent with the Sixth Amendment's Notice Clause, impose a statutorily enhanced sentence based on the fact of a prior conviction never…
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
21-7271 Matthew Moore v. Thomas Mackie, Warden Sixth Circuit 2022-03-03 Denied Response WaivedIFP certificate-of-appealability criminal-procedure criminal-sexual-conduct due-process fourteenth-amendment habeas-corpus ineffective-assistance sixth-amendment Was denied effective assistance of counsel and unconstitutionally coerced into taking a paternity blood test
21-7249 Jacob Ivan Hill v. United States Fourth Circuit 2022-03-02 Denied Response WaivedIFP capital-punishment civil-rights due-process effective-assistance-of-counsel ineffective-assistance mitigating-evidence prosecutorial-misconduct right-to-counsel self-defense sentencing-phase sixth-amendment Whether the failure of Tezai Covnser's to Jueoerm fys Cizenr Juwr He feces fh 'Menanrony' Lee Seusence Le He Cnwases To bo to Tarn) & hse, Nor fi elro…
21-7252 Terrance Stinson, aka T-Rock v. United States Second Circuit 2022-03-02 Denied Response WaivedIFP acquitted-conduct constitutional-rights due-process fifth-amendment jury-guarantee jury-trial sentencing sixth-amendment Whether sentencing based on acquitted conduct violates the Sixth Amendment jury guarantee and the Fifth Amendment Due Process Clause
21-7239 Michael Arrington v. United States Third Circuit 2022-03-01 Denied Response WaivedIFP criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel post-conviction-relief sixth-amendment Whether the district court erred in denying petitioner's motion for a new trial based on ineffective assistance of trial counsel
21-7242 Michael Wayne Kelly v. Texas Texas 2022-03-01 Denied IFP appellate-review confrontation-clause confrontation-right criminal-defense evidence evidence-exclusion right-to-present-defense sixth-amendment trial-court-error witness-testimony Did the Court of Appeals err in excluding evidence that deprived Petitioner of his Sixth Amendment right
21-7223 Angel DeLara v. California California 2022-02-28 Denied IFP criminal-procedure double-jeopardy due-process fourteenth-amendment judicial-discretion jury-determination jury-trial penal-code sentencing sentencing-enhancement sixth-amendment Whether California's Determinate Sentencing Law violates the Sixth and Fourteenth Amendments
21-7227 Daniel Isaiah Thody v. United States Sixth Circuit 2022-02-28 Denied Response WaivedIFP civil-rights constitutional-challenge due-process jury-trial sentencing sentencing-procedure sixth-amendment statutory-interpretation supervised-release Whether the current implementation of Supervised Release, (18 U.S.C. §3583), as a 'separate sentence' in addition to the 'sentence of imprisonment', i…
21-1185 Rufino Valdez-Lopez v. United States Ninth Circuit 2022-02-28 Denied circuit-split collateral-attack criminal-procedure due-process fifth-amendment judicial-vindictiveness sentencing sentencing-procedure sixth-amendment Whether the Pearce presumption of judicial vindictiveness applies when a second (new) sentencer imposes a harsher sentence following a successful coll…
21-7194 Mainor Canales v. Tennessee Tennessee 2022-02-24 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance investigation post-conviction-relief sixth-amendment trial-preparation witness-investigation Ineffective-assistance-of-counsel
21-7196 Luis Alonso Ramirez v. United States Fifth Circuit 2022-02-24 Denied Response WaivedIFP almendarez-torres certiorari criminal-law criminal-procedure due-process fifth-circuit judicial-precedent jury-trial recidivism sentencing Sixth-Amendment supreme-court-review Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)?
21-7198 Remel Ahart v. Massachusetts Massachusetts 2022-02-24 Denied Response WaivedIFP and whether Massachusetts's appellate review prov appellate-review collateral-review criminal-procedure equal-protection ineffective-assistance ineffective-counsel postconviction-review procedural-default sixth-amendment When a court issues a procedural ruling not to extend the benefits of a new rule collaterally to those who did not preserve their claim, does the Sixt…
21-7161 Deja Paschal v. Connecticut Connecticut 2022-02-18 Denied Response WaivedIFP criminal-procedure due-process equivocal-request right-to-counsel self-representation sixth-amendment waiver Whether the defendant's request for self-representation was unequivocal, despite being made in the context of a request for new counsel
21-7147 Sergio Alberto Arzate-Gameroz v. United States Fifth Circuit 2022-02-17 Denied Response WaivedIFP case-precedent criminal-law criminal-procedure due-process fifth-circuit judicial-review overrule sentencing sixth-amendment supreme-court supreme-court-review writ-of-certiorari Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)?
21-1146 Gary McClain v. Texas Texas 2022-02-17 Denied client-autonomy criminal-procedure criminal-trial defense-counsel fundamental-rights right-to-counsel sixth-amendment structural-error trial-strategy Whether defense counsel's concession of guilt during the guilt phase of trial, without the client's permission, violates the client's Sixth Amendment …
21-1126 Taylor Arnett, et al. v. Kansas Kansas 2022-02-15 Denied Amici (1)Response RequestedResponse WaivedRelisted (2) apprendi-v-new-jersey criminal-punishment criminal-restitution due-process jury-determination jury-trial reasonable-doubt sentencing-facts sixth-amendment Whether the Sixth Amendment right to have a jury determine beyond a reasonable doubt every fact necessary to support criminal punishment applies not o…
21-7113 Gerald Wayne Jako, Jr. v. West Virginia West Virginia 2022-02-15 Denied IFP conflict-of-interest criminal-representation cuyler-v-sullivan ineffective-assistance inside-job-theory plea-bargain presumption-of-prejudice sixth-amendment sixth-amendment-right-to-counsel staged-crime witness-unavailability Whether the standard enunciated in Cuyler v. Sullivan applies when a defendant objects to counsel's representation after a conflict is revealed
21-7128 Cornelius Riley v. United States Third Circuit 2022-02-15 Denied Response WaivedIFP 5th-amendment 6th-amendment constitutional-rights criminal-procedure criminal-sentencing drug-offense due-process fifth-amendment jury-trial sentencing-guidelines sixth-amendment Should the reasoning of Apprendi, Alleyne, and Peugh be extended to cases where a defendant's sentencing guideline range increases significantly due t…
21-7096 Daniel Lee Reed v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2022-02-10 Denied IFP 6th-amendment certificate-of-appealability constitutional-error habeas habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prejudice procedural-bar sixth-amendment Did the Fifth Circuit Court of Appeals err in denying Petitioner a Certificate of Appealability
21-7082 William Speer v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2022-02-09 Denied IFP capital-punishment capital-sentencing double-edged-evidence eighth-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mitigating-evidence sixth-amendment strickland-standard strickland-v-washington Whether the Fifth Circuit's resolution of the prejudice prong under Strickland v. Washington contravenes settled Sixth and Eighth Amendment precedent …
21-7071 Keaon Wilson v. United States Third Circuit 2022-02-08 Denied Response WaivedIFP constitutional-rights due-process juror-misconduct juror-numbers jury-selection mix-up sixth-amendment structural-error trial-procedure Is it structural error in violation of the Sixth Amendment for a juror to sit on a jury when that juror was not actually selected to be on the jury du…
21-1099 Thomas Clayton Steres v. Kevin Curran, Warden, et al. Ninth Circuit 2022-02-08 Denied Response Waived cell-phone-search certificate-of-appealability constitutional-rights criminal-procedure fourth-amendment habeas-corpus ineffective-assistance plea-bargaining right-to-counsel sixth-amendment Whether Thomas Steres received ineffective assistance of counsel
21-1083 Jay Hoon Choi v. Virginia Virginia 2022-02-04 Denied Response Waived 6th-amendment criminal-procedure custodial-interrogation due-process law-enforcement-contact miranda-rights right-to-attorney right-to-counsel right-to-remain-silent sixth-amendment state-magistrates Miranda-rights-after-assertion
21-7016 Tony Gonzalez v. Rhode Island Rhode Island 2022-02-01 Denied Response WaivedIFP abuse-of-discretion brady-violation cellphone-search criminal-procedure due-process fourth-amendment jury-selection jury-venire motion-to-suppress sixth-amendment standing Did the trial Justice err, when the Jury Venire challenge, had been inappropriately addressed, concerning a proper sixth Amendment challenge? And Tria…
21-7025 Derrick Garrell Samuels v. United States Sixth Circuit 2022-02-01 Denied Response WaivedIFP confrontation-rights due-process equal-protection expert-testimony fair-trial fifth-amendment jury-composition jury-selection prosecutorial-misconduct racial-discrimination sixth-amendment Whether Samuel's Fifth Amendment rights were violated when he was forced to proceed to trial as the only black person in the courtroom
21-7033 Oscar Alvarado v. Eric Tice, Superintendent, State Correctional Institution at Somerset, et al. Third Circuit 2022-02-01 Denied Response WaivedIFP appellate-review co-defendant-statement confrontation-clause harmless-error ineffective-assistance ineffective-assistance-of-counsel procedural-default sixth-amendment sufficiency-of-evidence Whether the Sixth Amendment Confrontation Clause was violated
21-7006 Juan Jaime-Guzman v. United States Fifth Circuit 2022-01-28 Denied Response WaivedIFP almendarez-torres-v-united-states apprendi-v-new-jersey constitutional-rights criminal-procedure indictment prior-conviction prior-convictions sentencing sentencing-enhancement sixth-amendment Whether a court can impose a statutorily enhanced sentence based on a prior conviction not alleged in the indictment, consistent with the Sixth Amendm…
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…
21-6970 Nigel Kinte Wright v. Steven Rivard, Warden Sixth Circuit 2022-01-26 Denied Response WaivedIFP criminal-trial cumulative-errors due-process evidentiary-errors fundamental-fairness fundamental-unfairness harmless-error judicial-review sixth-amendment To what extent is the test for analyzing whether cumulative evidentiary errors created a fundamentally unfair criminal trial coextensive with the test…
21-6930 Juan Rivera-George, aka Tio v. United States First Circuit 2022-01-20 Denied Response WaivedIFP confrontation cross-examination-limitation fair-trial hearsay-admission impartial-jury impeachment-evidence jury-bias jury-impartiality sentencing sentencing-disparity sixth-amendment sixth-amendment-right Whether Juan Rivera-George was deprived of his Sixth Amendment right to a fair trial by an impartial jury
21-6873 Juan J. Torres v. Illinois Illinois 2022-01-14 Denied IFP appellate-court court-denial criminal-procedure custody-violation due-process fifth-amendment jurisdiction jurisdictional-challenge legal-procedure miranda-rights right-to-counsel sixth-amendment What was the United States Supreme Court ruling about informing a suspect about having a lawyer present during questioning?
21-6849 Edwin Vaquiz v. United States Third Circuit 2022-01-13 Denied Response WaivedIFP attorney-client-relationship constitutional-rights criminal-defendant-rights criminal-defense due-process judicial-discretion right-to-counsel right-to-testify sixth-amendment trial-counsel-strategy witness-testimony Whether a trial attorney can prohibit or forbid, by coercion (threat to withdraw representation from defendant's criminal case), the defendant to resi…
21-996 Yonell Allums v. United States Second Circuit 2022-01-13 Denied Amici (2)Response Waived as-applied-challenge booker-decision criminal-sentencing judicial-discretion reasonable-sentence rita-decision sentencing-guidelines sentencing-reform-act sixth-amendment sixth-amendment-violation Whether a criminal sentence violates the Sixth Amendment when the sentencing court relies on its factual findings about a criminal defendant's conduct…
21-6817 Rufus B. Jones v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2022-01-12 Denied Response WaivedIFP 28-usc-2253 certificate-of-appealability criminal-procedure ineffective-assistance ineffective-assistance-of-counsel plea-bargaining plea-offer sixth-amendment stand-your-ground victim-deposition Whether the court of appeals improperly denied the Petitioner a certificate of appealability
21-6827 Ryan Thomas Pick v. Virginia Virginia 2022-01-12 Denied Response WaivedIFP civil-rights criminal-procedure due-process eighth-amendment electronic-surveillance fifth-amendment fourth-amendment free-speech miranda-rights search-and-seizure sixth-amendment standing 4th-amendment-rights,electronic-communication-privacy-act,5th-amendment-rights,6th-amendment-rights,8th-amendment-rights,sex-offender-registration
21-6831 Albert L. Richardson, Jr. v. United States Seventh Circuit 2022-01-12 Denied Response WaivedIFP certificate-of-appealability drug-effects habeas-corpus ineffective-assistance-of-counsel sixth-amendment taped-interrogation Could reasonable jurists find ineffective an attorney's failure to investigate the identity and effects of a drug administered to an accused at the ti…
21-6793 Markette Tillman v. United States Ninth Circuit 2022-01-10 Denied Response WaivedIFP appeals-court attorney-dismissal attorney-firing clear-error constitutional-rights interlocutory interlocutory-appeal sixth-amendment speedy-trial Where the appeals court previously found that it was clear error to fire a defendant's attorney in an interlocutory context, does the Sixth Amendment …
21-6775 Temne Adah Hardaway v. United States Eighth Circuit 2022-01-07 Denied Response WaivedIFP conspiracy conspiracy-law constitutional-interpretation criminal-procedure financial-transactions money-laundering sixth-amendment specified-unlawful-activity venue venue-jurisdiction whether-a-person-who-obtains-proceeds-and-makes-a-separate-and-distinct-agreement-from-the-anterior-criminal-conduct,-to-engage-in-a-financial-transac…
21-6771 Charles Reddicks v. Massachusetts Massachusetts 2022-01-06 Denied Response WaivedIFP criminal-records equal-protection fourteenth-amendment impartial-jury jury-selection race-neutral racial-discrimination sixth-amendment Whether permitting the Government to run criminal records for potential jurors, then use the records of the record check to strike jurors of color, vi…
21-976 Gregory Thomas Wilson v. Florida Florida 2022-01-06 Denied attorney-client-privilege civil-rights expectation-of-privacy fourth-amendment jail-visitation legal-rights reasonable-expectation-of-privacy sixth-amendment surveillance Whether an attorney has a reasonable expectation of privacy when meeting with clients in the jail attorney visitation room
21-6757 Dimitar Petlechkov v. United States Sixth Circuit 2022-01-04 Denied Response WaivedIFP certificate-of-appealability due-process effective-assistance-of-counsel fair-trial fifth-amendment first-amendment judicial-review judicial-reviewability perjury sixth-amendment Is judicial reviewability of a trial attorney's failure to impeach a key prosecution witness with regard to the most critical and material aspect of t…
21-6761 Patrick Killen, Jr. v. United States Eleventh Circuit 2022-01-04 Denied Response WaivedIFP 4th-amendment 5th-amendment 6th-amendment due-process fifth-amendment fourth-amendment mlat mlat-evidence search-warrant sixth-amendment Whether this Court should visit the issue of allowing law enforcement to gather information initiated by the United States to use a Mutual Legal Assis…
21-949 George Little, Acting Secretary, Pennsylvania Department of Corrections, et al. v. Samuel Randolph Third Circuit 2021-12-29 Denied continuance continuances counsel-of-choice criminal-defendant criminal-procedure forfeiture right-to-counsel sixth-amendment trial-court waiver Whether a criminal defendant can forfeit or waive his or her Sixth Amendment right to counsel of choice
21-6724 Carl Thompson v. Alaska Alaska 2021-12-23 Denied Response WaivedIFP criminal-procedure due-process habeas-corpus incompetent-counsel ineffective-assistance-of-counsel jurisdiction sixth-amendment supremacy-clause Can a trial court lose its jurisdiction when a defendant has incompetent representation, as it does when there is a physical absence of counsel at tri…
21-6700 Tremaine Rashon Wray v. Dennis Bush, Warden Fourth Circuit 2021-12-22 Denied Response WaivedIFP appellate-procedure constitutional-rights due-process effective-assistance-of-counsel expert-witness forensic-evidence fourteenth-amendment ineffective-assistance-of-counsel post-conviction-review sixth-amendment whether Petitioner was denied his Sixth Amendment right to effective assistance of counsel and Fourteenth Amendment Due Process right to a fair trial
21-6702 Oscar Porter v. Steven Johnson, Administrator, New Jersey State Prison, et al. Third Circuit 2021-12-22 Denied Response WaivedIFP 28-usc-2254 alibi-witness alibi-witnesses criminal-trial eyewitness-identification eyewitness-testimony habeas-corpus identification ineffective-assistance ineffective-assistance-of-counsel sixth-amendment Whether trial counsel violated the Sixth Amendment by prejudging and excluding close friends and family as alibi witnesses
21-6705 Robert Tracy Warterfield v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-12-22 Denied IFP aedpa certificate-of-appealability conflict-of-interest contracts-clause district-court due-process final-judgment habeas-corpus interlocutory-appeal jurisdiction plea-agreement sixth-amendment Does a United States Court of Appeals have jurisdiction to deny a Motion for a Certificate of Appealability when the District Court's putative Final J…
21-6711 Darius Smith v. United States District of Columbia 2021-12-22 Denied Response WaivedIFP competency due-process effective-assistance guilty-plea ineffective-assistance-of-counsel intellectual-disabilities intellectual-disability mental-competency mental-illness plea-proceeding sixth-amendment Whether Petitioner's Fifth Amendment right to Due Process was violated
21-6689 Daniel Lawrence McGarry v. California California 2021-12-21 Denied IFP criminal-procedure preliminary-hearing probable-cause sixth-amendment speedy-trial state-criminal-proceeding Whether the Sixth Amendment right to a speedy trial attaches to a preliminary hearing in a state criminal proceeding
21-6693 Joey Rogers v. Louisiana Louisiana 2021-12-21 Denied Response RequestedResponse WaivedRelisted (8)IFP constitutional-rights due-process ineffective-assistance ineffective-assistance-of-counsel mental-capacity mental-competence plea-bargaining plea-coercion sentencing sixth-amendment Were the Due Process rights of Joey Rogers ignored?
21-6695 John Scott Cramer v. Missouri Missouri 2021-12-21 Denied Response WaivedIFP collateral-consequences counsel-advice criminal-defense due-process ineffective-assistance ineffective-assistance-of-counsel parole parole-eligibility sixth-amendment Whether the Sixth Amendment protects criminal defendants who rely on defective advice from counsel regarding critical, non-deportation collateral cons…
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…
21-6649 Paul J. Hultman v. Daniel Paramo, Warden Ninth Circuit 2021-12-17 Denied Response WaivedIFP due-process evidentiary-hearing fourteenth-amendment habeas-corpus ineffective-assistance juror-misconduct presumption-of-prejudice sixth-amendment Were the Sixth and Fourteenth Amendments violated when a juror admitted viewing unadmitted evidence during deliberations and stated that her verdict w…
21-6653 Urban Fermin v. Anthony J. Annucci, Acting Commissioner, New York Department of Corrections and Community Supervision Second Circuit 2021-12-17 Denied IFP business-records confrontation-clause criminal-procedure dna-evidence evidence hearsay hearsay-exception sixth-amendment Whether the business record exception to hearsay survives the United States Constitution's Sixth Amendment Confrontation Clause
21-6657 Joshua Reshi Dudley v. United States Eleventh Circuit 2021-12-17 Denied IFP armed-career-criminal-act criminal-procedure occasions-different occasions-test prior-conviction prior-convictions sentencing sentencing-enhancement shepard-v-united-states sixth-amendment Whether the Sixth Amendment limits a sentencing court's consideration of prior offenses under the Armed Career Criminal Act
21-6638 Michael Lewis Gibbons v. Missouri Missouri 2021-12-16 Denied Response WaivedIFP 6th-amendment alleged-victim contradictory-testimony criminal-procedure due-process impartial-juror inconsistent-statements judicial-impartiality no-physical-evidence physical-evidence sixth-amendment witness-testimony Question not identified
21-6645 Robert Brandon Bilus v. United States Eleventh Circuit 2021-12-16 Denied Response WaivedIFP circuit-court constitutional-interpretation criminal-procedure due-process judicial-precedent jurisdiction plea-bargaining precedent sixth-amendment Whether the Eleventh Circuit entered a decision that misapplies the precedent of this Court and as a result, violates the Sixth Amendment to the Unite…
21-6623 Gustav Kloszewski v. United States Second Circuit 2021-12-15 Denied Response WaivedIFP attorney-client-privilege constitutional-rights court-appointed-counsel criminal-procedure fifth-amendment ineffective-assistance-of-counsel sixth-amendment Whether Kloszewski's Fifth and Sixth Amendment rights were violated when court-appointed counsel divulged conversations about other uncharged/unrelate…
21-882 Esteban Gaspar-Felipe v. United States Fifth Circuit 2021-12-15 Denied Amici (4)Response Waived 5th-amendment 6th-amendment acquitted-conduct criminal-sentencing due-process fifth-amendment jury-trial sixth-amendment Whether acquitted-conduct sentencing violates the Fifth Amendment's Due Process Clause or the Sixth Amendment's right to jury trial
21-873 Damon Goodloe v. Christine Brannon, Warden Seventh Circuit 2021-12-14 Denied Response Waived confrontation-clause criminal-procedure custody due-process show-up show-up-identification sixth-amendment witness-testimony Whether the Confrontation Clause of the Sixth Amendment permits the prosecution to introduce statements elicited at a show-up conducted after the lone…
21-6606 Akil Tymes v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2021-12-14 Denied IFP counsel-communication criminal-procedure duty-to-communicate favorable-plea-offer ineffective-assistance ineffective-assistance-of-counsel missouri-v-frye plea-bargaining sixth-amendment strickland-standard strickland-v-washington Does counsel perform deficiently in failing to fully inform a defendant during the plea bargaining process?
21-6607 In Re Andrew Thomas Burns, Sr. 2021-12-14 Denied IFP constitutional-rights due-process ineffective-assistance pro-se pro-se-representation right-to-counsel sixth-amendment structural-error trial-court-error waiver-inquiry Did the trial court's failure to conduct an affirmative waiver inquiry prior to ordering petitioner to proceed pro se at trial, deny petitioner of his…
21-6556 Richard Bernard Grundy, III v. United States Seventh Circuit 2021-12-10 Denied Response WaivedIFP court-appointed-counsel criminal-procedure due-process faretta-v-california fifth-amendment judicial-discretion self-representation sixth-amendment Whether the United States Court of Appeals for the Seventh Circuit and the District Court deprived Richard Grundy of his Fifth and Sixth Amendment rig…
21-6557 Tekoa Glover v. United States Fourth Circuit 2021-12-10 Denied Response WaivedIFP appellate-review circuit-split criminal-procedure guilty-plea non-jurisdictional-claim sixth-amendment waiver withdrawal Did the United States Court of Appeals for the Fourth Circuit err by ruling that Mr. Glover waived his Sixth Amendment claims by entering a guilty ple…
21-6567 Dion Brown v. Illinois Illinois 2021-12-09 Denied IFP criminal-defense fourteenth-amendment home-invasion ineffective-assistance ineffective-assistance-of-counsel prior-inconsistent-statement reasonable-doubt reasonable-investigation sixth-amendment Whether the Petitioner's trial attorney was ineffective
21-6537 Stephen Condon Peters v. United States Fourth Circuit 2021-12-07 Denied Response WaivedIFP asset-forfeiture asset-restraint counsel-of-choice criminal-procedure due-process financial-conflict luis-v-united-states right-to-counsel sixth-amendment Does it violate the Sixth Amendment where the trial court deprives a defendant of the use of untainted assets without following proper procedure, and …
21-6512 Jason Kiger v. Tim Hooper, Warden Louisiana 2021-12-06 Denied Response WaivedIFP capital-offense constitutional-interpretation constitutional-law criminal-procedure criminal-statute due-process jury-trial legislative-amendment legislative-power sixth-amendment statutory-interpretation unanimous-verdict Can Louisiana's 1997 and 1998 legislative amendments to La. 14:42 (C) and (D) qualify, absent a constitutional amendment, as the attendant provision n…
21-6500 Jermaine Neal v. Mississippi Mississippi 2021-12-03 Denied Response WaivedIFP actual-innocence constructive-amendment criminal-investigation due-process false-confession fifth-amendment fourteenth-amendment perjury self-incrimination sixth-amendment When a citizen of the United States becomes a suspect in a criminal investigation for homicide and is induced to give false statements, does the due-p…
21-6505 Bryan Bostick v. United States District of Columbia 2021-12-03 Denied Response WaivedIFP constitutional-rights juror-impartiality jury-bias remmer severance sixth-amendment trial-court voir-dire Was appellant deprived of a meaningful opportunity to demonstrate jury bias after his Sixth Amendment safeguards were violated when the trial court de…
21-6490 Earl McCoy v. United States Second Circuit 2021-12-02 GVR Relisted (2)IFP appellate-review crime-of-violence fair-trial hobbs-act impartial-jury juror-bias jury-impartiality mcdonough-standard new-trial sixth-amendment Whether the Court of Appeals erred in analyzing the Petitioner's Sixth Amendment right to trial by a fair and impartial jury
21-6469 Glen Campbell v. J. LaManna Second Circuit 2021-12-01 Denied IFP cause-and-prejudice constitutional-claims counsel-ineffectiveness criminal-procedure evidentiary-hearing prosecutorial-misconduct sixth-amendment Whether the District Court overlooked Constitutional Claims and Cause and Prejudice
21-6437 J. S. v. Kansas Kansas 2021-11-30 Denied Response WaivedIFP appeal constitutional-rights due-process effective-counsel fourteenth-amendment ineffective-assistance right-to-appeal sixth-amendment Did J.S. have a Fourteenth Amendment right to be advised by the Court of his right to appeal?
21-6450 Steven Zinnel v. United States Ninth Circuit 2021-11-30 Denied Response WaivedIFP apprendi-v-new-jersey criminal-procedure gall-v-united-states jury-determination sentencing sentencing-enhancement sentencing-guidelines sixth-amendment substantive-reasonableness substantive-unreasonableness Whether any fact that increases the penalty to which a defendant is exposed constitutes an element of a crime that must be found by a jury, not a judg…
21-6460 Truman Jones v. United States Third Circuit 2021-11-30 Denied Response WaivedIFP criminal-procedure dismissal-with-prejudice due-process judicial-discretion prejudice remand sixth-amendment speedy-trial speedy-trial-act statutory-interpretation Whether the district court's refusal to accurately compute the extent of a Speedy-Trial-Act violation and to consider the government's district-wide i…
21-6435 James Worley v. Ohio Ohio 2021-11-29 Denied IFP capital-conviction capital-punishment constitutional-rights fair-jury fifth-amendment fourteenth-amendment jury-selection sixth-amendment voir-dire Is a capital conviction and sentence invalid and imposed in violation of the capital defendant's constitutional rights to a fair jury under the Fifth,…
21-6404 Ngoc Hong Nguyen v. United States Fifth Circuit 2021-11-24 Denied Response WaivedIFP criminal-procedure due-process fifth-amendment parole sentencing sixth-amendment Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments?
21-6409 Stephen Harmer v. Eric Armel, Superintendent, State Correctional Institution at Fayette, et al. Third Circuit 2021-11-24 Denied Response WaivedIFP attorney automatic-reversal conflict-of-interest criminal-procedure defendant due-process holloway-doctrine ineffective-assistance judicial-inquiry sixth-amendment trial-judge Does Holloway demand automatic reversal when a trial judge fails to inquire into a known conflict that a defendant could not object to because his att…
21-6386 Antjuan Sydnor v. California California 2021-11-23 Denied IFP constitutional-rights counsel-absence criminal-prosecution critical-stage jury-deliberations right-to-counsel sixth-amendment structural-error In a criminal prosecution, if a trial court permits the prosecutor and counsel for a codefendant to present supplemental arguments to the jury during …
21-6389 Thamud Eldridge v. United States Second Circuit 2021-11-23 GVR Response RequestedResponse WaivedRelisted (3)IFP 18-usc-924(c)(1)(A) attempted-hobbs-act-robbery attempted-robbery categorical-crime-of-violence crime-of-violence hobbs-act sixth-amendment speedy-trial speedy-trial-right statutory-interpretation united-states-v-taylor Whether attempted Hobbs Act robbery is a categorical crime of violence under 18 U.S.C. § 924(c)(1)(A)
21-6391 Hai A. Duong v. Darryl Vannoy, Warden Louisiana 2021-11-23 Denied Response WaivedIFP 14th-amendment 6th-amendment constitutional-law constitutional-rights criminal-procedure due-process jury-unanimity legislative-amendment non-unanimous-verdict sixth-amendment statutory-interpretation Can Louisiana's 1997 and 1998 legislative amendments to La. R.S. 14:42 (C) and (D) qualify, absent a constitutional amendment, as the attendant provis…
21-6393 Michael Lawrence Woodbury v. Florida Florida 2021-11-23 Denied IFP competency-standard due-process fourteenth-amendment indiana-v-edwards mental-illness self-representation sixth-amendment Whether the Florida Supreme Court correctly held that the trial court's inquiry and determination under the lower standard of competency to waive coun…
21-764 Patrick Huff v. Florida Florida 2021-11-23 Denied Amici (2)Response RequestedResponse WaivedRelisted (2) constitutional-rights courtroom-closure criminal-procedure first-amendment public-access sixth-amendment trial-procedure waller-analysis waller-v-georgia Whether trial courts may close a courtroom pursuant to a closure statute without undertaking the Waller analysis
21-6363 Diane Arellano v. Jeremy Howard, Warden Sixth Circuit 2021-11-22 Denied Response WaivedIFP 6th-amendment appellate-review civil-rights constitutional-violation criminal-procedure cumulative-effect-of-error due-process effective-assistance-of-counsel ineffective-counsel miranda-rights sixth-amendment Does it violate her right to a speedy trial
21-6367 Dacoby Reshard Wooten v. Florida Florida 2021-11-22 Denied Response WaivedIFP alternative-theories criminal-procedure felony-murder first-degree-murder jury-unanimity premeditated-murder sixth-amendment Whether the Sixth Amendment requires jury unanimity as to whether a defendant committed premeditated murder or felony murder when the state proceeds o…
21-6375 Thomas Dudney v. Jeff Macomber, Warden Ninth Circuit 2021-11-22 Denied IFP certificate-of-appealability confrontation-clause due-process exculpatory-evidence hearsay-evidence ineffective-assistance ineffective-assistance-of-counsel perjury sixth-amendment Whether the Court of Appeals improperly denied a Certificate of Appealability
21-6340 Troy Wayne Harmon v. Texas Texas 2021-11-19 Denied IFP constitutional-rights court-of-appeals criminal-procedure evidence evidence-rules fourteenth-amendment inconsistent-opinion informant-privilege material-witness sixth-amendment Whether the trial court's refusal to allow the petitioner to call a material witness violated the petitioner's Sixth Amendment and Fourteenth Amendmen…
21-6341 Donald D. Foltz, Jr. v. Wyoming Department of Corrections, et al. Tenth Circuit 2021-11-19 Denied Response WaivedIFP due-process equal-protection fourteenth-amendment implied-bias jury-bias jury-selection prosecutorial-misconduct reasonable-doubt sixth-amendment Was the seating of juror who should have been dismissed for cause requires reversal because implied biased applies to Juror foreman, 1301, married to …
21-6361 Marcus Crawley, aka Holyfield v. United States Fourth Circuit 2021-11-19 Denied Response WaivedIFP constitutional-vagueness criminal-procedure davis-v-united-states due-process judicial-review plea-agreement plea-bargaining sentencing sixth-amendment statutory-interpretation Whether a reviewing court may search plea documents for evidence of another predicate to sustain a § 924(c) conviction when that predicate was not pro…
21-6307 Donald James Smith v. Florida Florida 2021-11-17 Denied IFP capital-case capital-punishment criminal-procedure due-process eighth-amendment fair-trial penalty-phase prosecutorial-misconduct sixth-amendment victim-impact Was petitioner's right to a fair 'penalty phase' trial violated when the prosecutor told the jurors, during closing arguments in the guilt phase, that…
21-6277 Jordan Adonis Rawls v. Pennsylvania Pennsylvania 2021-11-16 Denied Response WaivedIFP criminal-charges criminal-prosecution custodial-interrogation due-process miranda-warnings patterson-v-illinois police-disclosure sixth-amendment Whether police must do more than administer Miranda warnings when an individual is subject to custodial interrogation and police fail to disclose crim…
21-6289 Norris Deshon Andrews v. United States Eighth Circuit 2021-11-16 Denied IFP armed-career-criminal-act judicial-fact-finding jury-trial jury-trial-rights predicate-crimes predicate-crimes-of-violence sentencing sixth-amendment Whether the sentencing court violated Petitioner's Sixth Amendment jury trial rights
21-6297 Henry Cervantes and Jaime Cervantes v. United States Ninth Circuit 2021-11-16 Denied Response WaivedIFP criminal-procedure criminal-sentencing federal-statute jury-trial obstruction-of-justice official-proceeding sentencing sixth-amendment statutory-interpretation Whether the federal obstruction of justice statute, 18 U.S.C. §1512(c)(2) (obstruction of an official proceeding), can be applied to street level crim…
21-6268 Cesar Martinez v. United States First Circuit 2021-11-15 Denied Response WaivedRelisted (2)IFP criminal-procedure criminal-sentencing double-jeopardy due-process fifth-amendment jury-acquittal sentencing-enhancement sixth-amendment trial-by-jury Whether basing a criminal defendant's sentence on conduct underlying a charge for which the jury acquitted him violates his rights to due process and …
21-6272 Igor Perlov v. California California 2021-11-15 Denied Response WaivedIFP credibility credibility-determination criminal-charge due-process harmless-error jury-instruction reasonable-doubt sixth-amendment Is it a violation of the Due Process Clause and defendant's Sixth Amendment right to require the State to prove a criminal charge beyond a reasonable …
21-6273 Nathan R. Rollins, Jr. v. United States Tenth Circuit 2021-11-15 Denied Response WaivedIFP advisory-sentencing-guidelines booker-standard criminal-conduct criminal-sentencing due-process fifth-amendment preponderance-of-evidence preponderance-of-the-evidence sentencing-guidelines sixth-amendment united-states-v-booker Whether the Tenth Circuit's holding perpetuates the error this Court sought to address in United States v. Booker, 543 U.S. 220 (2005)
21-6250 Joel Rivera-Alejandro v. United States First Circuit 2021-11-12 Denied Response WaivedIFP 6th-amendment constitutional-rights due-process excessive-delay fifth-amendment indictment multi-defendant sixth-amendment speedy-trial trial-delay Whether Petitioners Constitutional Fifth Amendment's Right to Due Process of Law and his Sixth Amendment Right to a Speedy Trial were violated
21-6253 Baltazar Aguirre-Rivera v. United States Fifth Circuit 2021-11-12 Denied Response WaivedIFP criminal-procedure due-process fifth-amendment jury-trial mandatory-minimum sentencing sixth-amendment special-interrogatory When a jury's answer to a special interrogatory negates an element of the charged offense, must a district court enter a judgment of acquittal when th…
21-6229 Kyle Shirakawa Handley v. California California 2021-11-10 Denied Response RequestedResponse WaivedRelisted (2)IFP apprendi charging-document criminal-procedure due-process notice notice-requirements sentencing-enhancement sentencing-enhancements sixth-amendment Whether the 1936 rule set forth in People v Britton, 6 Cal.2d 1 violates Apprendi, Alleyne and the notice requirements of the Sixth Amendment
21-6201 Reginald Kindle v. Florida Florida 2021-11-09 Denied Response WaivedIFP criminal-procedure jury-trial preponderance-of-evidence recidivism sentencing sentencing-enhancement sixth-amendment statutory-maximum Whether a sentencing court violates a defendant's Sixth Amendment right to a jury trial when it finds by a preponderance of the evidence that he commi…
21-6215 Lawrence Oakie, aka LBJ v. United States Eighth Circuit 2021-11-09 Denied Response WaivedIFP acquitted-conduct criminal-procedure due-process fifth-amendment sentencing sixth-amendment Whether the use of acquitted conduct to determine a defendant's sentence violates the Fifth and Sixth Amendments
21-6227 Misael Cordero v. Jonathan Gramp, Administrator, East Jersey State Prison Third Circuit 2021-11-09 Denied IFP circuit-split due-process effective-assistance-of-counsel false-testimony government-misconduct habeas-corpus ineffective-assistance-counsel sixth-amendment Whether a due process violation occurs when the government knowingly uses false testimony even if the defense knows of the false testimony
21-679 Tim Shoop, Warden v. August Cassano Sixth Circuit 2021-11-08 Denied Relisted (14) aedpa criminal-procedure habeas-corpus pro-se-representation right-to-counsel right-to-self-representation sixth-amendment timely-invocation Should the Court summarily reverse the Sixth Circuit's award of habeas relief?
21-6187 James E. Lyons v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2021-11-05 Denied Response WaivedIFP certificate-of-appealability due-process habeas-corpus ineffective-assistance-of-counsel postconviction-relief sixth-amendment Whether the circuit court of appeals should hear and rule upon petitioner's certificate of appealability that was denied and alleged that trial counse…
21-6195 Ronald C. Fairchild v. Kentucky Kentucky 2021-11-05 Denied IFP constitutional-rights criminal-procedure due-process fifth-amendment fourteenth-amendment martinez-claim martinez-v-ryan post-conviction-relief sixth-amendment Did the Kentucky Court of Appeals allow Mr. Fairchild's rights under the Fifth, Sixth, and Fourteenth Amendments to the United States Constitution, as…
21-6156 Vilasini Ganesh v. United States Ninth Circuit 2021-11-03 Denied Amici (1)Response WaivedIFP calendar-management conflict-of-interest counsel-conflict counsel-substitution criminal-procedure defendant-rights due-process sixth-amendment substitution trial-court-discretion Do Sixth Amendment safeguards require trial courts to inquire into existing conflicts between counsel and the defendant before a trial court may deny …
21-653 Harold Lee Harvey, Jr. v. Florida Florida 2021-11-03 Denied Relisted (2) autonomy-right counsel-override criminal-defense criminal-procedure defendant-autonomy due-process first-degree-murder ineffective-assistance-of-counsel mccoy-v-louisiana sixth-amendment Is the Sixth Amendment autonomy right established in McCoy violated where counsel overrode an express agreement with the defendant to not concede guil…
21-6146 Keenan Rollerson v. United States Seventh Circuit 2021-11-02 Denied Response WaivedIFP criminal-procedure criminal-sentencing double-jeopardy due-process fifth-amendment jury-trial sentencing sixth-amendment Whether a sentencing judge increasing a criminal defendant's punishment for acts charged but acquitted by the jury violates the jury trial guarantee o…
21-6149 Domingo Palma v. Massachusetts Massachusetts 2021-11-02 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process fair-trial fourteenth-amendment mistrial prosecutorial-misconduct sixth-amendment Are the Sixth and Fourteenth Amendments violated by a trial court's refusal to grant a mistrial where a prosecution witness injects groundless, irrele…
21-6152 Keith Arthur Vinson v. United States Fourth Circuit 2021-11-02 Denied Response WaivedIFP 6th-amendment certificate-of-appealability counsel-performance criminal-defense criminal-procedure habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargain sixth-amendment Did the Court of Appeals err in denying a certificate of appealability over trial counsel's potential ineffectiveness in the plead-vs-trial decision?
21-6159 Michael Skinner v. Florida Florida 2021-11-02 Denied Response WaivedRelisted (2)IFP evidentiary-hearing fair-trial guilty-verdict impartial-jury juror-misconduct sixth-amendment sixth-amendment-violation Whether the Sixth Amendment right to a fair trial before an impartial jury would require an evidentiary hearing, following the disposition of a trial …
21-6074 Nikolas Gacho v. Illinois Illinois 2021-11-01 Denied IFP criminal-procedure due-process ineffective-assistance plea-admonishment plea-negotiations prejudice sixth-amendment Does a plea admonishment cure all prejudice and preclude a defendant from challenging counsel's representation during the plea negotiations process?
21-6133 Dean Rossi v. United States Third Circuit 2021-11-01 Denied Response WaivedIFP attorney-withdrawal conflict-of-interest criminal-procedure judicial-discretion necessary-witness prosecutorial-discretion right-to-counsel sixth-amendment standard-of-review Is a prosecution's claim that a defendant's lawyer is 'likely to be a necessary witness' an 'actual conflict' or 'serious potential conflict' overridi…
21-634 Zachariah Brian Wright v. Indiana Indiana 2021-11-01 Denied Response RequestedResponse WaivedRelisted (3) criminal-procedure due-process equivocal-invocation high-penalty-case intelligent-waiver judicial-discretion right-to-counsel right-to-self-representation self-representation sixth-amendment Whether a defendant's otherwise clear invocation of his right to represent himself becomes equivocal when he prefers representation by an attorney who…
21-6126 Jason A. Tobey v. United States Ninth Circuit 2021-10-29 Denied Response WaivedIFP abuse-of-discretion criminal-procedure ineffective-assistance judicial-discretion pretrial-hearing right-to-counsel sixth-amendment trial-continuance When a federal criminal defendant's retained counsel has abandoned him, does a court abuse its discretion by prohibiting the defendant from dischargin…
21-6132 Shelton Marbury v. United States District of Columbia 2021-10-29 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process external-influence government-burden jury jury-influence presumption-of-prejudice sixth-amendment Whether under the Sixth Amendment, once a defendant has presented evidence that an external influence has reached his jury, a presumption of prejudice…
21-623 Anthony Penton v. A. Malfi, Warden Ninth Circuit 2021-10-28 Denied Amici (1)Response Waived brady-evidence brady-v-maryland criminal-procedure due-process fifth-amendment prior-convictions prosecutorial-misconduct sentencing-enhancement sixth-amendment suppressed-evidence Whether evidence covered by Brady v. Maryland is considered suppressed under the Fifth Amendment regardless of the defendant's knowledge
21-6098 Hector Enamorado, aka Vida Loca v. United States First Circuit 2021-10-27 Denied IFP bruton-doctrine bruton-v-united-states codefendant-confession confrontation-clause criminal-procedure evidence multi-defendant-trial multi-defendant-trials rico-conspiracy sixth-amendment Whether a confession by codefendant's counsel on behalf of his client during a multi-defendant trial is subject to Bruton v. United States, 391 U.S. 1…
21-618 Armand Jones v. Mississippi Mississippi 2021-10-27 Denied Response RequestedResponse WaivedRelisted (2) codefendant-conduct codefendant-liability confrontation-clause confrontation-right criminal-procedure forfeiture-by-wrongdoing sixth-amendment testimonial-evidence witness-unavailability Whether a defendant forfeits his Sixth Amendment right to confront a witness against him when the defendant did not engage in conduct designed to prev…
21-619 Hugo Reyes-Morales v. Maryland Maryland 2021-10-27 Denied Response Waived criminal-defense criminal-procedure due-process immigration-consequences ineffective-assistance padilla-v-kentucky plea-bargaining sixth-amendment strickland-standard strickland-v-washington Ineffective-assistance-of-counsel
21-6081 Gerund Mickens, aka Breeze v. United States Second Circuit 2021-10-26 Denied Response WaivedIFP brady-disclosure brady-v-maryland confrontation-clause criminal-investigation due-process evidence-preservation fifth-amendment sixth-amendment Whether Brady v. Maryland, 373 U.S. 83 (1963), the due process clause of the Fifth Amendment, and the confrontation clause of the Sixth Amendment requ…
21-6082 Craig D. Miller v. Illinois Illinois 2021-10-26 Denied Response WaivedIFP appellate-review fundamental-fairness illinois-post-conviction-statute indigent-defense ineffective-assistance ineffective-assistance-of-counsel reliability-of-proceedings sixth-amendment strickland-standard strickland-v-washington Whether the Illinois courts' mechanical, outcome-based approach to the Strickland standard routinely denies indigent defendants their Sixth Amendment …
21-6083 James Osgood v. Alabama Alabama 2021-10-26 Denied IFP capital-punishment credibility-determinations death-penalty juror-challenge jury-selection sentencing-determination sixth-amendment trial-court witherspoon-v-illinois Can a reviewing court, consistent with the Sixth Amendment, uphold a challenge for cause in a capital case on the basis of a potential juror's persona…
21-6087 Maria Vargas-Luna v. United States Fifth Circuit 2021-10-26 Denied Response WaivedIFP advisory-guidelines criminal-law criminal-procedure drug-conspiracy fact-finding judicial-fact-finding jury-trial-right reasonable-doubt sentencing sentencing-guidelines sixth-amendment Whether Petitioner's sentence violates the Sixth Amendment
21-6042 Marques Smith v. United States Eighth Circuit 2021-10-22 Denied Response WaivedIFP 11th-hour criminal-procedure discovery discovery-review due-process fair-trial sixth-amendment trial-preparation Does the District of South Dakota's Standing Order 16-04 prohibit a defendant from independent review of discovery, denying their Sixth Amendment righ…
21-6053 Jimmie Barge v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2021-10-22 Denied Response WaivedIFP alleyne apprendi apprendi-violation certificate-of-appealability confrontation-clause due-process equal-protection fifth-amendment prison-releasee-reoffender sixth-amendment Is the Florida State trial court erring when sentencing Petitioner to minimum mandatory term of life in.prison because the Prison Releasee Reoffender …
21-6058 David James Lola v. Florida Florida 2021-10-22 Denied Relisted (2)IFP constitutional-interpretation criminal-procedure due-process federal-judiciary fifth-amendment fourteenth-amendment judicial-bias judicial-review legislative-review separation-of-powers sixth-amendment state-sovereignty Does due process pursuant to the Fifth, Sixth, and Fourteenth Amendments dictate that a state court clerk may assign a criminal case to a judge who ex…
21-6059 Terry Jonathan Phillips v. Florida Florida 2021-10-22 Denied Response WaivedIFP constitutional-right criminal-defendant criminal-procedure due-process felony felony-offense fourteenth-amendment jury-trial sixth-amendment trial-procedure Whether the Sixth Amendment requires a twelve-person jury to try a criminal defendant accused of a felony offense
21-6061 John Rodney Johnson v. Donnie Ames, Superintendent, Mount Olive Correctional Complex Fourth Circuit 2021-10-22 Denied IFP due-process equal-protection fourteenth-amendment impartial-jury prosecutorial-misconduct racial-bias sixth-amendment Does a Prosecutor's conduct to interject race comments into a State trial as an appeal to a racial prejudice based on the fact the trial having the in…
21-6024 Dudley Allen Hicks v. Florida Florida 2021-10-20 Denied Response WaivedIFP counsel-competence criminal-procedure due-process evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel mental-competency post-conviction-relief right-to-counsel sixth-amendment What kind of evidence and circumstances must be revealed for a criminal attorney to create a bona fide doubt as to his client's competence to require …
21-576 Benjamin Forrest Carter v. Virginia Virginia 2021-10-20 Denied Response Waived confrontation-clause constitutional-violation criminal-procedure hearsay hearsay-testimony judicial-error prior-testimony remedy sixth-amendment Whether the Supreme Court of Virginia erred in affirming the defendant's convictions where the Circuit Court erred in admitting victim-witness hearsay…
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 …
21-581 Allen H. Loughry, II v. United States Fourth Circuit 2021-10-20 Denied criminal-procedure extrajudicial-communication juror-contact juror-misconduct presumptive-prejudice remmer-hearing sixth-amendment social-media social-media-evidence trial-integrity Whether circumstantial evidence of extrajudicial social-media contact with a juror about the case can be enough to entitle a criminal defendant to a R…
21-5997 Jeremiah Ybarra v. United States Fifth Circuit 2021-10-19 Denied Response WaivedIFP criminal-procedure drug-statute due-process effective-counsel fifth-amendment grand-jury indictment jurisdiction prosecutorial-misconduct sixth-amendment Whether appellant was denied his Fifth Amendment right to a grand jury presentment or indictment
21-6001 Terence Tramaine Andrus v. Texas Texas 2021-10-19 Denied Amici (8)Relisted (17)IFP capital-case criminal-procedure death-penalty effective-assistance-of-counsel habeas-corpus ineffective-assistance sixth-amendment stare-decisis strickland-v-washington vertical-stare-decisis Whether the Texas court rejected this Court's conclusions in Andrus v. Texas and disregarded the Court's express guidance for conducting a prejudice a…
21-5995 Christopher Emory Cramer v. United States Fifth Circuit 2021-10-18 Denied IFP appellate-procedure conference-in-chambers due-process eighth-amendment federal-rule federal-rule-of-appellate-procedure-10(c) federal-rules-of-criminal-procedure-43 fifth-amendment judicial-proceeding record-completion record-on-appeal sixth-amendment whether-an-unrecorded-conference-is-a-hearing-or-trial-under-federal-rule-of-appellate-procedure-10(c)
21-5970 Fredrick Devone Flemming v. United States Fourth Circuit 2021-10-15 Denied Response WaivedIFP alleyne-v-united-states apprendi-v-new-jersey constitutional-law criminal-procedure due-process juvenile-delinquency prior-conviction sentencing-factor sentencing-factors sixth-amendment stare-decisis Whether the Almendarez-Torres 'prior conviction' exception to the Sixth Amendment should be expanded to include prior juvenile delinquency adjudicatio…
21-5978 Derek Levert Hall v. United States Eleventh Circuit 2021-10-15 Denied IFP circuit-split criminal-procedure indigent-defendant pro-se pro-se-representation right-to-counsel sixth-amendment trial-counsel waiver Whether an indigent criminal defendant's waiver of trial counsel requires a clear and unequivocal request to proceed pro se
21-555 Benjamin A. Appleby v. Kansas Kansas 2021-10-15 Denied Response Waived alleyne due-process fourteenth-amendment judicial-discretion jury-trial legislative-directive liberty-interest procedural-due-process resentencing sentencing-enhancement sixth-amendment Whether the Fourteenth Amendment's guarantee of procedural due process is violated
21-556 Alexander P. Bebris v. United States Seventh Circuit 2021-10-15 Denied Response Waived confrontation-clause constitutional-rights criminal-procedure evidentiary-hearing evidentiary-hearings pretrial-hearing pretrial-hearings sixth-amendment witness-credibility Does the Sixth Amendment and Confrontation Clause apply to all pretrial evidentiary hearings implicating the credibility of a witness?
21-5959 Darwin J. Fifield, Sr. v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2021-10-14 Denied IFP civil-rights coerced-statement counsel-ineffectiveness due-process excessive-force fifth-amendment fourth-amendment involuntary-confession law-enforcement self-representation sixth-amendment Whether law enforcement's unprovoked excessive use of force during an arrest should invalidate as coerced by threat or force a Petitioner's later stat…
21-5961 David K. Horsley v. Ohio Ohio 2021-10-14 Denied Relisted (2)IFP appeal-waiver appellate-procedure constitutional-interpretation criminal-procedure due-process garza-v-idaho ineffective-assistance ineffective-assistance-of-counsel procedural-rule sixth-amendment state-appellate-procedure Whether the holding in Garza v. Idaho, 586 U.S. 10 (2019) applies to Ohio App. R. 26(B)(1) which requires a defendant to prove ineffective assistance …
21-5946 Corelanius Phillips v. Andrea Culclager, Warden Arkansas 2021-10-13 Denied Response WaivedIFP due-process ineffective-assistance-of-counsel separation-of-powers sixth-amendment structural-defect subject-matter-jurisdiction Whether criminal defendants denied Due Process of Law entitle them to remedy
21-543 Mark Anthony Spell v. Louisiana Louisiana 2021-10-13 Denied Response Waived constitutional-rights criminal-procedure criminal-prosecution due-process misdemeanor sixth-amendment speeding-ticket statute-of-limitations Does the Sixth Amendment permit the prosecution of a misdemeanor speeding ticket after the lapse of more than twenty years if there is no evidence the…
21-5924 In Re Jose Victor Hernandez-Cuellar 2021-10-08 Denied IFP 6th-amendment civil-rights constitutional-law constitutional-rights due-process equal-protection fourth-amendment immigrant-status immigration judicial-misconduct sixth-amendment Does a immigrant in the United States of America, whether here legally with visa or illegally, receive Constitutionally guaranteed Rights?
21-5929 Jean Lynn Lillie v. Iowa Iowa 2021-10-08 Denied Response WaivedIFP civil-procedure civil-rights constitutional-rights criminal-procedure due-process free-speech jury-trial repeat-offender sentencing-guidelines sixth-amendment standing takings Can a state violate the Constitution of the United States and arbitrarily trample on the constitutional rights of individual innocent American citizen…
21-5937 Odilon Martinez-Rojas v. United States Second Circuit 2021-10-08 Denied Response WaivedIFP appeal-waiver due-process fifth-amendment plea-agreement sentencing-procedure sixth-amendment Whether a plea agreement's appeal waiver can bar a defendant from challenging the unconstitutionality of a sentencing procedure
21-5911 Michael Herman v. United States Fifth Circuit 2021-10-07 Denied IFP complete-defense compulsory-process due-process evidence-standard evidentiary-standards mens-rea right-to-present-defense sixth-amendment Can a defendant's right to present a complete defense be violated by the arbitrary and disproportionate application of a general evidentiary standard …
21-5912 Mark Wayne Gray v. Dean Borders, Warden Ninth Circuit 2021-10-07 Denied Response WaivedIFP attorney-client-privilege due-process fifth-amendment fourteenth-amendment self-incrimination sixth-amendment Whether the 5th Amendment (right to be free from self-incrimination) and 6th (denial of assistance of counsel) and 14th amendments were violated
21-5925 Denworth Davidson v. Thomas Griffin, Superintendent, Green Haven Correctional Facility, et al. Second Circuit 2021-10-07 Denied Response WaivedIFP certificate-of-appealability constitutional-rights due-process fair-trial ineffective-assistance ineffective-assistance-of-counsel procedural-default prosecutorial-misconduct sixth-amendment Whether Petitioner has shown a constitutional violation
21-5910 Carlos Sauzo v. United States Fifth Circuit 2021-10-06 Denied Response WaivedIFP 5th-amendment 6th-amendment burden-of-proof constitutional-rights credibility due-process evidentiary-hearing fifth-amendment inconclusive-record judicial-review sixth-amendment Does the Fifth and Sixth Amendment require the lower court to address an evidentiary hearing when the record before the court is inconclusive as to wh…
21-5921 Shikisha Monet Tidmore v. Michigan Michigan 2021-10-06 Denied IFP admissibility constitutional-rights due-process ineffective-assistance ineffective-assistance-of-counsel law-enforcement-statements legality pre-trial-investigation sixth-amendment trial-counsel voluntariness Whether Petitioner's constitutional rights have been violated under the United States Constitution VI Amendment
21-5906 Michael Jerome Pettway v. United States Sixth Circuit 2021-10-05 Denied Response WaivedIFP certificate-of-appealability constitutional-rights due-process guilty-plea ineffective-assistance notice-of-appeal rule-11 section-924(c) sixth-amendment Ineffective-assistance-of-counsel
21-5890 Christopher W. Terrell v. Arkansas Arkansas 2021-10-05 Denied Response WaivedIFP criminal-conviction due-process fair-trial impartiality jury-impartiality jury-misconduct sixth-amendment trial-fairness Is a criminal conviction unconstitutional and in violation of Due Process when a jury does not remain impartial on the question of guilt for the crime…
21-5856 Raymond LeQuan Gibbs v. Neil McDowell, Warden Ninth Circuit 2021-10-04 Denied Response WaivedIFP bias confrontation-clause credibility criminal-trial cross-examination informant-testimony informant-witness sixth-amendment witness-credibility Whether the Sixth Amendment's Confrontation Clause was violated when the defendant was prevented from cross-examining an informant witness on topics i…
21-5883 Davon Nelson v. United States Fourth Circuit 2021-10-04 Denied Response WaivedRelisted (2)IFP circuit-split collateral-proceeding direct-appeal evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel plea-agreement remand sixth-amendment Whether a defendant on direct appeal should receive a remand for an evidentiary hearing upon showing a colorable Sixth Amendment ineffective-assistanc…
21-483 David Klug v. Florida Florida 2021-10-01 Denied Response Waived charging-document criminal-charging due-process fifth-amendment jury-unanimity lewd-and-lascivious-molestation sexual-offenses sixth-amendment Whether a state prosecuting authority may bundle several single-act offenses concerning the lewd and lascivious molestation of a minor into the same s…
21-5847 Arthur Lee Lewis v. California California 2021-10-01 Denied IFP due-process jury-trial presumption-of-innocence proof-beyond-reasonable-doubt reasonable-doubt sixth-amendment statutory-sentencing statutory-sentencing-range Whether a sentence within the prescribed statutory range but inconsistent with the jury's verdict complies with the Sixth Amendment jury trial guarant…
21-5830 Bradley David Johnson v. Stuart Sherman, Warden Ninth Circuit 2021-09-30 Denied IFP confrontation-clause crawford-v-washington criminal-procedure due-process evidence sixth-amendment Whether the Confrontation Clause of the Sixth Amendment was violated when the trial court admitted testimonial statements of a non-testifying witness
21-5775 Peter George Noe, aka Ghost v. United States Eighth Circuit 2021-09-24 Denied Response WaivedIFP criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel sentencing sixth-amendment Whether the district court erred in denying the petitioner's motion for post-conviction relief under 28 U.S.C. 2255
21-5742 Steven Wayne Isbel v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-09-23 Denied IFP civil-rights conflict-of-interest constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sixth-amendment standing trial-counsel Whether the 3rd Circuit Court of Appeals has entered a decision that is in direct conflict with United States Supreme Court precedent and in conflict …
21-5767 James Felton v. United States Second Circuit 2021-09-23 Denied Response WaivedIFP criminal-procedure due-process implicit-bias jury-impartiality jury-selection racial-bias racial-prejudice sixth-amendment voir-dire Does our society's evolving understanding of the impact of implicit bias on jury behavior justify overturning the 'substantial circumstances' test
21-5729 Frank R. Stevenson v. New York New York 2021-09-22 Denied Response WaivedIFP appellate-review confrontation-clause due-process federal-law habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sixth-amendment state-court-appeals writ-of-error-coram-nobis Whether the New York Court of Appeals precedential case, on confrontation violation claims, is contrary to clearly established federal law
21-5746 In Re Conghau Huu To 2021-09-22 Denied IFP criminal-conviction cruel-and-unusual-punishment district-court-procedure due-process federal-review gatekeeping habeas-corpus judicial-integrity newly-discovered-evidence sixth-amendment statutory-interpretation Whether the district court and the Eleventh Circuit Court of Appeals violated the petitioner's constitutional rights by making misstatements of facts …
21-5754 Cedrin Farodd Carter v. United States Eleventh Circuit 2021-09-22 Denied IFP armed-career-criminal-act criminal-procedure different-occasions judicial-fact-finding jury-fact-finding prior-conviction sentencing-enhancement sixth-amendment Is a different-occasions finding under the Armed Career Criminal Act confined to matters essential to the fact of a prior conviction?
21-5756 Gettus Leroy Mintz v. Arizona Arizona 2021-09-22 Denied IFP civil-rights confrontation-clause criminal-procedure dna-testing due-process equal-protection false-testimony forensic-evidence grand-jury sixth-amendment witness-testimony Whether the State of Arizona violated the Petitioners' 5th and 14th Amendment rights to due process and equal protection when it used false testimony …
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
21-422 Steven Hatton v. Mark S. Inch, Secretary, Florida Department of Corrections Eleventh Circuit 2021-09-20 Denied Response Waived 28-usc-2253 appellate-procedure certificate-of-appealability counsel-claims due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-review sixth-amendment Whether the court of appeals improperly denied the Petitioner a certificate of appealability under 28 U.S.C. § 2253(c) on his ineffective-assistance-o…
21-5720 Mark Eldon Wilson v. United States Ninth Circuit 2021-09-20 Denied Response WaivedIFP arrest-warrant criminal-complaint evidence federal-rule-of-criminal-procedure-29 judgment-of-acquittal rule-29 sixth-amendment speedy-trial speedy-trial-rights united-states-v-marion Whether a criminal complaint triggers a defendant's Sixth Amendment speedy trial rights
21-5689 Harold V. Hoskins v. Kevin Kauffman, Superintendent, State Correctional Institution at Huntingdon, et al. Third Circuit 2021-09-17 Denied IFP constitutional-rights criminal-procedure due-process fair-trial fifth-amendment fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel legal-representation right-to-counsel sixth-amendment Was the petitioner denied his Sixth Amendment right to be represented by counsel?
21-5686 Tobias Soto-Melchor v. United States Ninth Circuit 2021-09-16 Denied Response WaivedIFP controlling-precedent counsel-of-choice ineffective-assistance ninth-circuit ninth-circuit-rule right-to-counsel right-to-counsel-of-choice right-to-effective-assistance-of-counsel sixth-amendment trial-delay Proper-standard-for-substituting-retained-counsel
21-5693 Eleno Guillen-Morales v. United States Fifth Circuit 2021-09-16 Denied Response WaivedIFP Almendarez-Torres case-law court-of-appeals criminal-procedure due-process judicial-review jury-trial legal-precedent sentencing Sixth-Amendment supreme-court-review writ-of-certiorari Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)?
21-408 Gertrude Parker v. United States Fifth Circuit 2021-09-15 Denied Response Waived conspiracy-charge criminal-intent criminal-procedure effective-assistance-of-counsel general-verdict insufficient-evidence jury-verdict medicare medicare-statutes reasonable-interpretation sixth-amendment Whether Parker was denied effective assistance of counsel
21-5682 Sheila Davalloo v. Amy Lamanna, Superintendent, Bedford Hills Correctional Facility, et al. Second Circuit 2021-09-15 Denied IFP criminal-procedure due-process faretta-hearing mckaskle-v-wiggins right-to-counsel self-representation sixth-amendment standby-counsel Did the Faretta hearing in this case result in a decision that was contrary to, or an unreasonable application of, clearly established federal law, as…
21-5655 Timothy Dean Leners v. Wyoming Wyoming 2021-09-13 Denied Response WaivedIFP constitutional-rights criminal-procedure discovery due-process effective-counsel ineffective-assistance pro-se-representation prosecutorial-misconduct right-to-appeal sixth-amendment Was Defendant's 6th Amend. right to Effective Counsel violated?
21-5609 Matthew Staszak v. United States, et al. Eighth Circuit 2021-09-08 Denied Response WaivedIFP attorney-client-privilege confidential-communications constitutional-rights due-process fifth-amendment interception legal-interception sixth-amendment Whether petitioner's Fifth and Sixth Amendment rights were deprived and violated when his attorney-client confidential communications were intercepted…
21-5614 In Re James Williams 2021-09-08 Denied IFP access-to-courts civil-rights court-appointed-counsel due-process habeas-corpus ineffective-assistance-of-counsel post-conviction-relief pro-se-representation self-representation sixth-amendment structural-error Whether a pro se petitioner who is unable to afford professional legal representation can be denied the right to self-representation and have unwanted…
21-5577 Terry Darnell Anderson v. Mark S. Inch, Secretary, Florida Department of Corrections Eleventh Circuit 2021-09-03 Denied Response WaivedIFP circuit-court-split circuit-split cumulative-error cumulative-error-doctrine fair-trial federal-habeas-corpus fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel sixth-amendment Does the cumulative error doctrine apply to ineffective assistance of counsel claims?
21-5544 Thomas Charles Scott v. Stuart Sherman, Warden Ninth Circuit 2021-09-01 Denied Response WaivedIFP due-process fourth-amendment habeas-corpus ineffective-assistance-of-counsel probable-cause search-warrant sixth-amendment Were petitioner's rights under the Fourth and Sixth Amendments violated by trial counsel's failure to challenge a search warrant obtained via intentio…
21-5549 William D. Lauga v. Louisiana Louisiana 2021-09-01 Denied Response WaivedIFP due-process fourteenth-amendment judicial-federalism privilege-and-immunities privileges-and-immunities procedural-bar racial-discrimination sixth-amendment Is the state of Louisiana violating the due process clause of the Sixth Amendment by not addressing claims raised by petitioner on a law that is based…
21-5552 Brian Green v. Clinton Perry, Warden Eleventh Circuit 2021-09-01 Denied IFP constitutional-violation fourteenth-amendment fourth-amendment habeas-corpus ineffective-assistance-of-counsel ineffective-counsel jury-selection procedural-default sixth-amendment warrantless-search warrantless-search-and-seizure Whether the Eleventh Circuit erred in holding that no constitutional violations in Green's trial
21-5555 Ross Allen Hartwell v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-09-01 Denied Relisted (2)IFP appellate-procedure civil-rights due-process fair-trial jurisdictional-limits jury legal-interpretation sixth-amendment standing state-court statutory-interpretation Does the Supreme Court's decision in Washington v. Deleon, 568 U.S. 068 (2014) allow lower courts to violate an individual's right to a fair and impar…
21-5556 Bret Davis v. Illinois Illinois 2021-09-01 Denied IFP constitutional-rights due-process fair-trial fifth-amendment fourteenth-amendment jury-bias media-influence prosecutorial-misconduct sixth-amendment unbiased-jury Were my Fifth, Sixth and Fourteenth Amendment rights to a fair trial by an unbiased jury and due process of the law violated?
21-5561 Tyrone Cade v. Texas Texas 2021-09-01 Denied IFP capital-habeas capital-punishment competent-counsel due-process fourteenth-amendment habeas-corpus ineffective-assistance sixth-amendment state-responsibilities Whether the Fourteenth Amendment's Due Process Clause requires a State to provide capital habeas petitioners one opportunity to present Sixth Amendmen…
21-5538 Michael Joseph Edmondson v. Ashley Moody, Attorney General of Florida, et al. Eleventh Circuit 2021-08-31 Denied Response WaivedIFP 14th-amendment 6th-amendment constitutional-rights due-process fourteenth-amendment habeas-corpus self-representation sixth-amendment waiver-of-counsel Whether the trial Judge fulfilled his duty of determining whether there was an intelligent and competent waiver of accused's right to assistance of co…
21-5541 Dan Kenny Delva v. United States Eleventh Circuit 2021-08-31 Denied Response WaivedIFP constitutional-rights criminal-defendant criminal-procedure due-process effective-assistance-of-counsel ineffective-assistance-of-counsel joint-trial right-to-counsel severance sixth-amendment trial-severance Whether Mr. Delva was denied effective assistance of counsel
21-5542 Camilo Jose Arango Latorre v. Commonwealth of Puerto Rico Puerto Rico 2021-08-31 Denied IFP constitutional-rule discriminatory-act due-process fair-trial perjured-testimony reasonable-doubt sixth-amendment Whether the nonretroactive application of the constitutional rule of Ramos v. Louisiana, in this case being substantive and/or discretionary for the s…
21-5500 John Richard Smith v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-08-30 Denied IFP certificate-of-appealability constitutional-violation due-process exculpatory-evidence fifth-amendment fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel sixth-amendment Whether the 5th Circuit Court of Appeal errored in denying petitioner's request for a (C.0.A.) claiming Petitioner failed to state a Constitutional vi…
21-5513 Christopher Seckington v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2021-08-30 Denied Response WaivedRelisted (2)IFP chapman-v-united-states constitutional-law cruel-and-unusual-punishment drug-trafficking eighth-amendment ineffective-assistance sentencing sentencing-guidelines sixth-amendment urine-testing Question not identified
21-5517 Lonzie Wayne McQuirter v. Michigan Michigan 2021-08-30 Dismissed IFP 44th-amendment constitutional-violation due-process evidence-preservation fair-trial fourteenth-amendment innocence miscarriage-of-justice new-evidence prosecutorial-misconduct sixth-amendment whether-petitioner's-claims-should-be-heard-on-the-merits
21-5531 Garlin Raymond Farris v. United States Fourth Circuit 2021-08-30 Denied Response WaivedIFP agency-principles appointed-counsel criminal-procedure due-process excusable-neglect indigent-defendant ineffective-assistance-of-counsel pioneer-investment-services procedural-hurdles sixth-amendment Whether appointed counsel's misconduct can serve as excusable neglect for an indigent federal criminal defendant's late filing of a dispositive motion
21-5535 Timothy Marcus Mayberry v. Indiana Indiana 2021-08-30 Denied Response WaivedIFP compulsory-process cronic due-process expert-testimony fifth-amendment fourteenth-amendment sixth-amendment Is the Indiana state appellate court's opinion that its trial court did not abuse its discretion when, over multiple objections, it permitted surprise…
21-5476 In Re William Barret Slade, II 2021-08-25 Denied IFP access-to-courts due-process fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel martinez-rule martinez-v-ryan post-conviction-relief procedural-default sixth-amendment Whether the Alabama state courts and the Eleventh Circuit Court of Appeals erred in refusing to apply the Supreme Court's rule in Martinez v. Ryan
21-5482 Michael Deshon Matthews v. John Davids, Warden Sixth Circuit 2021-08-25 Denied IFP 6th-amendment constitutional-rights court-costs due-process restitution right-to-counsel sixth-amendment speedy-trial substitute-counsel Did trial court err in denying defendant's motion for substitute counsel?
21-5486 Scott Sanford v. Virginia Virginia 2021-08-25 Denied Response WaivedIFP 6th-amendment constitutional-rights due-process fundamental-rights intelligent-waiver jury-trial knowing-waiver sixth-amendment voluntary-waiver waiver Minimum requirements for waiving jury trial right
21-5427 Kushawn Miles-El v. Connie Horton, Warden Michigan 2021-08-23 Denied Response WaivedIFP 6th-amendment capital-case civil-rights competency competency-hearing due-process fourteenth-amendment right-to-be-present right-to-counsel sixth-amendment Whether the state court has denied petitioner any right, privilege or immunity
21-5447 Nicholas Edwards v. Derek Oberlander, Superintendent, State Correctional Institution at Forest, et al. Third Circuit 2021-08-23 Denied Response WaivedIFP compulsory-process criminal-procedure due-process identification-evidence ineffective-assistance ineffective-assistance-of-counsel miscarriage-of-justice procedural-default sixth-amendment Whether the U.S. Court of Appeal erred in not finding petitioner was not prejudiced by trial counsel's failure
21-5408 Bruce Allen Rutherford v. United States Fifth Circuit 2021-08-18 Denied Response WaivedRelisted (2)IFP 28-usc-2255 criminal-procedure habeas-corpus ineffective-assistance-of-counsel plea-bargaining sixth-amendment Whether the movant's claim that counsel failed to inform him of plea offers and allowed them to expire is cognizable under 28 U.S.C. § 2255
21-5383 Mark Stinson v. John P. Yates, Warden Eighth Circuit 2021-08-17 Denied Response WaivedIFP conflict-of-interest constitutional-provisions criminal-procedure due-process judicial-inquiry right-to-counsel sixth-amendment Whether a Judge must inquire into the propriety of the issue
21-5398 Scott Estes v. United States First Circuit 2021-08-17 Denied Response WaivedIFP confrontation-clause criminal-procedure due-process emergency-call evidence hearsay-exception sixth-amendment testimonial-statements Did the United States Court of Appeals for the First Circuit fail to correctly apply the objective primary purpose test for testimonial statements mad…
21-5406 Bryson Tuesno v. United States Fifth Circuit 2021-08-17 Denied Response WaivedIFP 6th-amendment civil-procedure constitutional-rights criminal-procedure due-process hearsay impartial-jury sixth-amendment testimony Question not identified
21-5377 Alexander Ascencio v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-08-16 Denied IFP due-process effective-assistance-of-counsel fourteenth-amendment habeas-corpus jackson-v-virginia sixth-amendment sufficiency-of-evidence watson-v-state Whether the lower court denied petitioner due process
21-210 Wisconsin v. Mark D. Jensen Wisconsin 2021-08-13 Denied Response RequestedResponse WaivedRelisted (6) confrontation-clause criminal-procedure domestic-abuse emergency-exception future-crime ongoing-emergency sixth-amendment testimonial-hearsay Can a person's statement expressing fear about a possible future crime be testimonial under the Sixth Amendment's Confrontation Clause?
21-5363 Christopher Cope v. Darrel Vannoy, Warden Fifth Circuit 2021-08-13 Denied Response WaivedIFP client-autonomy constitutional-right criminal-defense criminal-procedure due-process ineffective-assistance-of-counsel right-to-counsel sixth-amendment trial-strategy Whether petitioner was denied his constitutional right to have effective assistance of counsel
21-5367 Roger Everett Smith, III v. United States Ninth Circuit 2021-08-13 Denied Response WaivedIFP alien-transporting alienage confrontation-clause criminal-procedure deposition-testimony good-faith-effort material-witnesses sixth-amendment witness-procurement Whether the mailing of form letters addressed to three material witnesses in three small villages in Mexico approximately two weeks before trial amoun…
21-5368 Alberto Rodriguez v. Kathleen Allison, Secretary, California Department of Corrections and Rehabilitation Ninth Circuit 2021-08-13 Denied Response WaivedIFP criminal-procedure due-process fundamental-right legal-representation notice-of-charges sixth-amendment waiver Whether the Sixth Amendment fundamental right to notice of charges can be waived by the lawyer's failure to object or whether the defendant must perso…
21-197 Yvonne Reignat-Vodi v. Motor Vehicle Administration Maryland 2021-08-11 Denied Response Waived 14th-amendment 5th-amendment 6th-amendment civil-procedure civil-rights due-process fourteenth-amendment pro-se-petitioner procedural-due-process sixth-amendment writ-of-certiorari Did the courts follow the Procedural Due Process subject to the 14th Amendment due process protection?
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…
21-5347 Damantae Graham v. Ohio Ohio 2021-08-11 Denied IFP capital-punishment fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel jury-selection racial-bias racial-prejudice sixth-amendment voir-dire Is capital appellate counsel ineffective under the Sixth and Fourteenth Amendments when they do not raise that both the trial court and trial defense …
21-189 Patrick Okey v. Pennsylvania Pennsylvania 2021-08-10 Denied Response Waived and Fourteenth Amendments and whether the Commonw Eighth constitutional-challenge due-process eighth-amendment fourteenth-amendment laches laches-doctrine sixth-amendment speedy-trial Whether the Speedy Trial Rule (600) is protected by the Due Process Clause of the Sixth Amendment, Eighth Amendment, and Fourteenth Amendment, and whe…
21-5336 Theodore Howard v. United States Seventh Circuit 2021-08-10 Denied Response WaivedIFP 924(c)(1)(A) 924(c)(1)(C) constitutional-rights criminal-sentencing due-process firearm-use fourteenth-amendment sixth-amendment statutory-interpretation Whether Mr. Theodore Howard was denied due-process rights, to fair notice of indictment charges
21-5327 Mark Anthony Gonzalez v. Texas Texas 2021-08-09 Denied IFP criminal-procedure juror-substitution jury-deliberation jury-trial sixth-amendment structural-error trial-procedure unanimous-verdict Whether a trial court's failure to instruct a reconstituted jury to deliberate anew after a juror substitution violates the Sixth Amendment right to a…
21-5316 In Re Taryn Christian 2021-08-06 Dismissed IFP autonomy brady-v-maryland brady-violation counsel-strategy habeas-corpus mandamus mccoy-v-louisiana retroactivity right-to-autonomy sixth-amendment strickland Whether the Sixth Amendment right to autonomy over the objective of one's defense, as recognized in McCoy v. Louisiana, applies retroactively on colla…
21-166 Leonel Cervantes-Meraz v. Oregon Oregon 2021-08-05 Denied Response Waived criminal-defense criminal-plea fourteenth-amendment immigration immigration-consequences ineffective-assistance padilla padilla-precedent sixth-amendment Did the State of Oregon violate the Petitioner's right to effective assistance of counsel guaranteed him by the Sixth and Fourteenth Amendment of the …
21-5302 Roosevelt Rico Dahda v. United States Tenth Circuit 2021-08-05 Denied Response WaivedIFP alleyne-v-united-states criminal-sentencing drug-quantity jury-determination mandatory-minimum mandatory-minimum-sentence sixth-amendment statutory-maximum statutory-maximum-sentence Whether a finding on the issue of drug quantity that increases the statutory maximum sentence requires the jury to make an individualized determinatio…
21-5294 Wilshaun King v. Mike Brown, Acting Warden Sixth Circuit 2021-08-04 Denied Response WaivedIFP autopsy-report confrontation-clause criminal-procedure ineffective-assistance ineffective-assistance-of-counsel medical-examiner plea-bargaining plea-offer right-to-counsel sixth-amendment Sixth Amendment right to effective assistance of counsel for plea offers during jury deliberations
21-5295 Anthony D. Jones v. Michelle Floyd, Warden Sixth Circuit 2021-08-04 Denied Response WaivedIFP administrative-law appellate-counsel civil-rights constitutional-rights due-process equal-protection ineffective-assistance jurisdiction legal-representation sixth-amendment standing Whether the lower court erred in its application of the relevant legal standards
21-5278 Kevin T. Heard v. Illinois Illinois 2021-08-03 Denied Response WaivedIFP 14th-amendment 6th-amendment brady-v-maryland civil-rights constitutional-rights due-process exculpatory-evidence expert-testimony fair-trial sixth-amendment strickland-v-washington Whether the defendant's Sixth Amendment and Fourteenth Amendment due process rights were violated when his attorney was 'not functioning as counsel' d…
21-5284 Albert Lamont Hector v. United States Ninth Circuit 2021-08-03 Denied Response WaivedIFP acquitted-conduct due-process federal-appeals-courts fifth-amendment jury-trial sentencing sixth-amendment state-high-courts Whether sentences based on acquitted conduct violate the Fifth Amendment's Due Process Clause or Sixth Amendment's jury-trial guarantee
21-5232 Duane Allen Short v. Ohio Ohio 2021-07-29 Denied IFP caldwell-v-mississippi capital-punishment capital-sentencing constitutional-decency due-process eighth-amendment evolving-standards-of-decency jury-recommendation jury-trial sixth-amendment Is Ohio's capital sentencing scheme, which permits telling the jury that their decision is only a mere recommendation, unconstitutional under Hurst v.…
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
21-115 Ivan Rosario v. United States Second Circuit 2021-07-28 Denied Response Waived 6th-amendment criminal-sentencing due-process fifth-amendment judicial-factfinding jury jury-trial reasonable-doubt sentencing sixth-amendment Whether the Fifth Amendment's Due Process Clause and the Sixth Amendment's right to trial by jury protect criminal defendants from being sentenced bas…
21-5233 Abel Guillermo Godoy v. United States Ninth Circuit 2021-07-28 Denied Response WaivedIFP alleyne-v-united-states criminal-procedure criminal-prosecution due-process elements-of-crime jury-determination legal-precedent prior-conviction prior-convictions sentencing sentencing-factors sixth-amendment Should the Court finally overrule Almendarez-Torres?
21-5237 Taurice Leonard Brown v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2021-07-28 Denied Response WaivedIFP civil-rights constitutional-rights criminal-procedure due-process federal-habeas-review jury-selection merits-decision sixth-amendment supremacy-clause Whether the Florida courts are refusing to consider Sixth Amendment claims in violation of the Supremacy Clause by not treating such claims as decisio…
21-5238 Deyaa Khalill v. W. L. Montgomery, Warden Ninth Circuit 2021-07-28 Denied Response WaivedIFP confrontation-clause constitutional-rights criminal-procedure cross-examination due-process preliminary-hearing sixth-amendment Whether the admission of preliminary hearing testimony violates a criminal defendant's Sixth Amendment right to confrontation
21-5225 Raymond Lumsden v. Texas Texas 2021-07-27 Denied IFP ake-v-oklahoma dna-evidence dna-expert due-process expert-witness-fees fair-trial indigent-funds ineffective-assistance-of-counsel sixth-amendment Did the trial court deny Petitioner a fair trial by refusing indigent funds for a DNA expert to assist the defense and testify at trial under Ake v. O…
21-5192 Gilberto Antonio Guillen-Hernandez v. Texas Texas 2021-07-23 Denied IFP constitutional-law constitutional-requirement continuous-sexual-abuse criminal-procedure criminal-trial due-process jury-conviction jury-unanimity sexual-abuse sixth-amendment Does the constitutional requirement of jury unanimity, contained within the Sixth Amendment of the United States Constitution, require a jury to be un…
21-5172 Mayra Vanessa Gandara Escarcega v. United States Fifth Circuit 2021-07-22 Denied Response WaivedIFP case-review constitutional-law criminal-procedure due-process fifth-circuit judicial-precedent legal-procedure sentencing sixth-amendment supreme-court supreme-court-review writ-of-certiorari Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)?
21-5145 Richard Demon Donaldson v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-07-21 Denied IFP 6th-amendment certificate-of-appealability constitutional-claim due-process habeas-corpus ineffective-assistance sixth-amendment state-court-deference statutory-interpretation Whether the court of appeals erred and abused its discretion in refusing and/or declining to issue a certificate of appealability
21-5158 Miguel Angel Berdeja-Medina v. United States Fifth Circuit 2021-07-21 Denied Response WaivedIFP case-review criminal-appeal criminal-procedure due-process fifth-circuit judicial-precedent sentencing sixth-amendment stare-decisis statutory-interpretation supreme-court-review writ-of-certiorari Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)?
21-5160 Rodney Ledell Carter v. United States Fifth Circuit 2021-07-21 Denied Response WaivedIFP criminal-procedure due-process parole sentencing sixth-amendment supervised-release Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments?
21-5161 Jamar J. Draper v. Jimmy Martin, Warden Tenth Circuit 2021-07-21 Denied IFP constitutional-rights criminal-procedure double-jeopardy due-process exhaustion-of-remedies ineffective-assistance ineffective-assistance-of-counsel right-to-counsel sentencing-mitigation sixth-amendment speedy-trial Whether the petitioner should have effective counsel on imposed sentence by right
21-5139 In Re Donald M. Boswell 2021-07-20 Denied IFP certificate-of-appealability constitutional-rights due-process fifth-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sixth-amendment successive-petitions Was the denial of Petitioner's request for a Certificate of Appealibility (COA) to file a second or successive federal habeas corpus for new claims fo…
21-5142 Michael Angelo Williams v. United States Sixth Circuit 2021-07-20 Denied Response WaivedIFP criminal-procedure due-process guilty-plea harmless-error ineffective-assistance plea-bargaining sentencing sentencing-enhancement sixth-amendment sixth-circuit withdrawal-of-plea Whether Mr. Williams should have been permitted to withdraw his guilty plea
21-5114 Mario Daniels v. Florida Florida 2021-07-16 Denied IFP aggravated-assault criminal-conviction criminal-procedure due-process jury-determination separation-of-powers sixth-amendment statutory-interpretation substantive-rights Whether the First District Court of Appeals unauthorized abrogation of an Essential Element of the statutory offense of Aggravated Assault deprived Da…
21-63 Terrance Miles v. Belinda Sanchez, Acting Warden Sixth Circuit 2021-07-16 Denied Response RequestedResponse WaivedRelisted (2) evidence evidence-availability government-delay government-responsibility pre-trial-imprisonment prejudice rehabilitation sixth-amendment speedy-trial trial-postponement Whether the government's responsibility for delays in obtaining evidence weighs against the government in a Sixth Amendment speedy-trial analysis
21-5093 Stephen Dale Barbee v. Texas Texas 2021-07-15 Denied IFP autonomy-right capital-defendant capital-punishment effective-assistance-of-counsel florida-v-nixon habeas-corpus habeas-review ineffective-assistance mccoy-v-louisiana sixth-amendment trial-counsel Whether the state court's decision to foreclose habeas review of a capital defendant's claim under McCoy v. Louisiana contravenes federal law
21-5089 Martin Thomas Lawrence v. United States Eighth Circuit 2021-07-13 Denied Response WaivedIFP criminal-procedure ineffective-assistance ineffective-assistance-of-counsel lafler-v-cooper plea-bargaining sentencing sentencing-exposure sixth-amendment trial-counsel Whether, in light of trial counsel's express admission that he underestimated Petitioner's sentencing exposure if he went to trial, this Court should …
21-39 Benjamin Ramirez Ruiz v. California California 2021-07-12 Denied Response Waived child-protective-services confrontation-clause crawford-v-washington criminal-procedure evidence-law ongoing-emergency sixth-amendment testimonial-evidence testimonial-statement Was a statement made to a child protective services investigator testimonial for the purposes of the Sixth Amendment Confrontation Clause
21-5050 Kristopher Love v. Texas Texas 2021-07-09 Denied Relisted (12)IFP court-of-criminal-appeals death-penalty due-process fair-trial fourteenth-amendment jury-selection racial-bias sixth-amendment Whether Texas' Court of Criminal Appeals has decided an important federal question concerning a racially biased juror being allowed on a capital death…
21-23 Brenda Cook v. West Virginia West Virginia 2021-07-08 Denied Response RequestedResponse WaivedRelisted (2) 14th-amendment 5th-amendment 6th-amendment constitutional-rights due-process fourteenth-amendment impartial-jury jury-impartiality sixth-amendment voir-dire Has the Petitioner's Fifth, Sixth, and Fourteenth Amendment right to an impartial jury been violated?
21-5037 Derrick Vaughn v. United States Seventh Circuit 2021-07-08 Denied Response WaivedIFP criminal-procedure due-process fair-trial in-court-identification prosecutorial-misconduct right-to-counsel sixth-amendment Whether improper in-court identifications performed at the behest of the prosecution deprived Petitioner Derrick Vaughn of his right to a fair trial
21-5041 Kosoul Chanthakoummane v. Texas Texas 2021-07-08 Denied IFP constitutional-rights criminal-defense criminal-procedure due-process eighth-amendment fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel sixth-amendment trial-procedure Whether Mr. Chanthakoummane is entitled to a new trial because trial counsel ignored his unequivocal direction to challenge his guilt during the culpa…
20-8449 Brian Keith Gorham v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-06-30 Denied IFP constitutional-rights due-process habeas-corpus impartial-jury ineffective-assistance ineffective-assistance-of-counsel jury-bias jury-selection procedural-default sixth-amendment trial-procedure Whether the Fifth Circuit erred in finding no prejudice from the bias implied by an unqualified juror being seated on Gorham's jury, the court's abuse…
20-8450 Ronald Anthony Gomez v. Christian Pfeiffer, Warden, et al. Ninth Circuit 2021-06-30 Denied IFP apodaca-v-oregon criminal-procedure due-process fourteenth-amendment habeas-corpus jury-unanimity schad-v-arizona sixth-amendment Does a state trial court's failure to give a unanimity instruction to a jury in a criminal trial raise a debatable valid claim of the denial of a cons…
20-8462 Roderick Napoleon Harris v. Texas Texas 2021-06-30 Denied IFP -habeas-corpus -ineffective-assistance -prejudice-standard -professional-norms -sixth-amendment #NAME? capital-case mitigation-evidence prejudice professional-standards sixth-amendment strickland-v-washington Whether a habeas court must articulate and apply prevailing professional norms to determine ineffective-assistance-of-counsel
20-8444 Dustin Melvin Davison v. Oklahoma Oklahoma 2021-06-29 Denied IFP autonomy constitutional-rights criminal-procedure defendant-autonomy defense-counsel due-process effective-assistance-of-counsel guilt-concession right-to-counsel sixth-amendment trial-strategy Is it unconstitutional to allow defense counsel to concede any aspect of guilt over defendant's unambiguously expressed desire to maintain actual inno…
20-1814 Donnie Rudd v. Illinois Illinois 2021-06-29 Denied arrest-warrant criminal-complaint criminal-procedure prosecutorial-involvement right-to-counsel rothgery-v-gillespie sixth-amendment Whether the Court's decision in Rothgery v. Gillespie eliminates attachment of an individual's Sixth Amendment right to counsel prior to his appearanc…
20-8415 Demario Deshawn Simpson v. United States Sixth Circuit 2021-06-25 Denied Response RequestedResponse WaivedRelisted (2)IFP count-specific-plea criminal-indictment criminal-procedure due-process federal-rules-criminal-procedure jurisdiction partial-guilty-plea plea-bargaining plea-entry sentencing-guidelines sixth-amendment Whether a defendant has a right under the Federal Rules of Criminal Procedure to enter a partial guilty plea (without a plea agreement or any plea bar…
20-8416 Raul Ramos v. United States Fifth Circuit 2021-06-25 Denied Response WaivedIFP confrontation-clause crawford-v-washington criminal-procedure cross-examination due-process hearsay-evidence sentencing-guidelines sixth-amendment united-states-v-haymond Whether the district court's reliance on hearsay evidence to impose a guideline sentence of life violates Ramos's right to confront and cross-examine …
20-8400 Daryl Wendell Barley v. United States Fourth Circuit 2021-06-24 Denied Response WaivedIFP clear-and-convincing-evidence criminal-procedure effective-assistance-of-counsel evidence-standard first-step-act preponderance-of-evidence relevant-conduct sec-404 sentencing-reduction sixth-amendment Whether the 'clear and convincing evidence standard' should be used instead of the 'preponderance of evidence standard' when determining the relevant …
20-8428 Joseph George v. M. Eliot Spearman, Warden, et al. Ninth Circuit 2021-06-24 Denied IFP confrontation-clause criminal-procedure due-process evidence expert-testimony sixth-amendment Whether the evidence and expert testimony presented at trial was sufficient to satisfy the Confrontation Clause of the Sixth Amendment
20-8432 Robert L. Garza v. Donald Kleine, et al. Eighth Circuit 2021-06-24 Denied Response WaivedIFP constitutional-rights due-process judicial-authority judicial-discretion preponderance-of-evidence preponderance-standard sentencing sentencing-enhancement sixth-amendment speedy-trial Does a judge exceed his legal authority by making factual findings by a preponderance of the evidence which expose a defendant to the elevated | upper…
20-8411 C. T. v. Orange County Social Services Agency California 2021-06-23 Denied IFP 4th-amendment 6th-amendment child-endangerment child-welfare civil-rights due-process fourth-amendment medical-privacy medical-treatment parental-rights sixth-amendment Does the act of forcefully administering psychotropic medications to a child before trial violate the IV and VI amendments in the absence of a court o…
20-8378 Michael R. Gore, Jr. v. Andrew J. Bruck, Acting Attorney General of New Jersey, et al. Third Circuit 2021-06-22 Denied IFP criminal-procedure faretta self-representation sixth-amendment voir-dire waiver Is the right to self-representation violated when a defendant is not afforded voir dire under the U.S. Supreme Court's decision in Faretta to determin…
20-1772 Branden Edward Shumate v. California California 2021-06-22 Denied Response Waived attorney-client-relationship attorney-of-choice criminal-defendant criminal-procedure motion-for-new-trial post-conviction-proceedings right-to-counsel sentencing sixth-amendment trial-court whether-a-trial-court-deprives-a-defendant-of-his-right-to-counsel
20-8366 Larry Dean Garrett, Jr. v. United States Eleventh Circuit 2021-06-21 Denied Response WaivedIFP coercion confrontation-clause criminal-procedure exclusionary-rule false-statements fourteenth-amendment fourth-amendment jury-bias plea-negotiation search-and-seizure sixth-amendment Did the district court err by suppressing evidence illegally seized with a warrant obtained by the use of false statements violating Petitioners' Four…
20-8369 Clarence Clark v. United States Second Circuit 2021-06-21 Denied Response WaivedIFP 2nd-amendment constitutional-challenge constitutional-law criminal-procedure due-process fifth-amendment guilty-plea plain-error plea-bargaining sentencing sixth-amendment statutory-interpretation Whether the Second Circuit Court of Appeals erred in violation of U.S. Const. V and VI as well as this Court's precedent
20-8371 Luz Hernandez v. United States Eleventh Circuit 2021-06-21 Denied Response WaivedIFP counsel-withdrawal due-process ex-parte felony-sentencing restitution right-to-counsel sixth-amendment Whether the imposition of financial penalties as part of a felony sentencing violates a defendant's Fifth Amendment right to due process and Sixth Ame…
20-8333 Carman Deck v. Paul Blair, Warden, et al. Eighth Circuit 2021-06-17 Denied IFP delay eighth-amendment fourteenth-amendment mitigation resentencing sixth-amendment Does this Court's Sixth, Eighth and Fourteenth Amendment precedent protect a defendant's right to present mitigation when a delay occasioned by the St…
20-8345 Ricky Parkerson v. United States Fifth Circuit 2021-06-17 Denied Response RequestedResponse WaivedRelisted (2)IFP burden-of-production burden-of-proof confrontation-clause due-process sentencing sixth-amendment Whether the Fifth Circuit's practice of shifting the burden of production and proof to the defendant at sentencing violates a defendant's Due Process …
20-8330 Ilmane Charone Campas Strong v. United States Fifth Circuit 2021-06-16 Denied Response WaivedIFP commerce-clause constitutional-law criminal-law criminal-procedure due-process federal-jurisdiction firearms judicial-fact-finding mandatory-minimum sixth-amendment supervised-release Whether 18 U.S.C. §922(g) permits conviction for the possession of any ammunition that has ever crossed state lines at any time in the indefinite past…
20-8312 Ronald Delester Burke v. Washington Washington 2021-06-15 Denied Response WaivedIFP confrontation-clause criminal-procedure cross-examination nurse-examiner sexual-assault sexual-assault-nurse-examiner sixth-amendment testimonial-statements Does the Confrontation Clause prohibit a Sexual Assault Nurse Examiner from testifying about statements made during a forensic examination by an adult…
20-1742 Akil Jahi, aka Preston Carter v. Tennessee Tennessee 2021-06-15 Denied capital-punishment capital-trial counsel-limitations criminal-defense defendant-autonomy ineffective-assistance-of-counsel mccoy-v-louisiana penalty-phase sixth-amendment trial-procedure Does the Sixth Amendment holding of McCoy v. Louisiana apply to a penalty phase capital trial?
20-8294 Markeith Loyd v. Florida Florida 2021-06-14 Denied Response WaivedIFP constitutional-interpretation constitutional-law criminal-procedure history-based-re-evaluation jury-rights legal-precedent lockhart-precedent lockhart-v-mccree sixth-amendment trial-by-jury Whether this Court should recede from Lockhart v. McCree, 476 U.S. 162 (1986), as part of its ongoing history-based re-evaluation of the Sixth Amendme…
20-8287 Kenneth Wayne Walker, Jr. v. United States Fifth Circuit 2021-06-11 Denied Response WaivedIFP criminal-procedure due-process fifth-amendment parole sentencing sixth-amendment Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments?
20-8265 John Licausi v. New York New York 2021-06-09 Denied IFP altered-evidence bias-conflict-of-interest civil-verdict collateral-proceeding due-process judicial-bias newly-discovered-evidence right-to-present-defense sixth-amendment third-party-culpability Whether a hearing in a collateral proceeding was required to determine trial Judge's neutrality
20-8266 Eric Lucas v. Florida Department of Corrections, et al. Eleventh Circuit 2021-06-09 Denied Response WaivedIFP 14th-amendment 6th-amendment confrontation-clause constitutional-rights due-process hearsay hearsay-evidence ineffective-assistance jury-trial prosecutorial-misconduct sixth-amendment Whether Petitioner's Constitutional Rights Under The 5th, 6th And 14th Amendments Were Violated
20-8269 Kenneth Ray Marshall v. Dexter Payne, Director, Arkansas Division of Correction Eighth Circuit 2021-06-09 Denied Response WaivedIFP 28-usc-2254 clearly-established-federal-law constitutional-review due-process-rights federal-habeas ineffective-assistance ineffective-assistance-of-counsel sixth-amendment speedy-trial state-criminal-procedure strickland-standard strickland-v-washington Whether the state court failed to apply the correct standard of 'reasonableness' under Strickland v. Washington
20-8248 Richard W. Williams v. Sherie Korneman, Warden Eighth Circuit 2021-06-08 Denied IFP certificate-of-appealability conflict-of-interest constitutional-rights criminal-procedure due-process effective-assistance fourteenth-amendment further-proceedings ineffective-assistance public-defender sixth-amendment Does having biased jurors on a jury panel, one of which stated during voir dire questioning, 'murder is murder. I don't believe there's a defense for …
20-8251 Jayrionte Thomas v. West Virginia West Virginia 2021-06-08 Denied Response WaivedIFP constitutional-rights criminal-appeal criminal-procedure due-process first-degree-murder habeas-corpus ineffective-assistance legal-procedure right-to-counsel sixth-amendment west-virginia-law ineffective-assistance-of-counsel
20-8254 Demario M. Peterson v. United States Sixth Circuit 2021-06-08 Denied Response WaivedIFP acquitted-conduct due-process fifth-amendment jury-trial procedural-reasonableness sentencing sentencing-variance sixth-amendment substantive-reasonableness Whether the Sixth Amendment, Fifth Amendment, and this Court's jurisprudence on the procedural and substantive reasonableness of sentences are implica…
20-1702 Jimmy Cobb v. United States Eleventh Circuit 2021-06-08 Denied Response WaivedRelisted (2) criminal-law criminal-procedure federal-jurisdiction ineffective-assistance-of-counsel jurisdiction plea-bargaining plea-deal sixth-amendment statutory-interpretation undercover-operation Does a District Court have the have Jurisdiction to punish and convict conduct that does not fall within a Federal Statute of 18 U.S.C 2422(b) and 18 …
20-1693 Erick Allen Osby v. United States Fourth Circuit 2021-06-07 Denied Amici (4)Response Waived constitutional-rights criminal-procedure criminal-sentencing double-jeopardy fifth-amendment jury-acquittal sentencing sixth-amendment Whether basing a criminal defendant's sentence on charges of which the jury acquitted him violates the Fifth or Sixth Amendments
20-8223 Weldon Boyce Bridges v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-06-04 Denied IFP constitutional-rights constitutional-violations counsel-of-choice due-process effective-counsel ineffective-assistance plea-bargaining plea-coercion right-to-counsel sixth-amendment state-criminal-procedure Whether the State District Court can convict the petitioner without 'paid' counsel of choice at pre-trial, plea, arraignment, and evidentiary hearings…
20-8235 Kory Christian Pedersen v. Oregon Board of Parole and Post-Prison Supervision Ninth Circuit 2021-06-04 Denied Response WaivedIFP expert-testimony ineffective-assistance ineffective-assistance-of-counsel ninth-circuit post-conviction post-conviction-review self-defense sixth-amendment trial-counsel Was Mr. Pedersen denied the effective assistance of counsel guaranteed by the Sixth Amendment?
20-8211 Christian M. Allmendinger v. United States Fourth Circuit 2021-06-03 Denied Response WaivedIFP acquitted-conduct criminal-procedure due-process fifth-amendment judicial-fact-finding jury-trial reasonable-doubt sentencing-guidelines sixth-amendment witte-v-united-states Whether the Fifth and Sixth Amendments forbid sentencing guidelines from enhancing the presumed reasonable punishment for an offense, unless the facts…
20-8214 Warren D. Tisdale v. CASA Partners V, L.P. The Park at Winterset, et al. Fourth Circuit 2021-06-03 Denied IFP civil-procedure civil-rights discovery discovery-rights due-process interrogatories jury-trial magistrate-referral settlement sixth-amendment Whether Petitioner's Sixth Amendment right to a jury trial was violated
20-8219 Clark D. Young v. United States Sixth Circuit 2021-06-03 Denied Response WaivedIFP conflict-of-interest counsel-failure criminal-history due-process fifth-amendment fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel sentencing-enhancement sixth-amendment Whether the defendant was deprived of his Sixth, Fifth, and Fourteenth Amendment rights when counsel failed to investigate his criminal history
20-8192 Jorge Ramon Newball-May v. United States Eleventh Circuit 2021-06-02 Denied Response WaivedIFP confrontation-clause criminal-procedure jurisdiction jury-trial maritime-drug-law maritime-law pre-trial-hearing sixth-amendment statutory-interpretation Whether the Maritime Drug Law Enforcement Act, 46 U.S.C. 70501 et. seq., is unconstitutional on its face and in violation of the Sixth Amendment right…
20-8207 Bernier Gerard Jackson v. Florida Florida 2021-06-02 Denied IFP best-interest constitutional-rights criminal-defense criminal-procedure effective-assistance-of-counsel plea-bargaining plea-offer professional-responsibility right-to-counsel sixth-amendment Whether the Sixth Amendment right to the effective assistance of counsel requires counsel to advise his client to accept a plea offer which is clearly…
20-8155 Frederick Wayne Smith v. California California 2021-05-27 Denied IFP actual-innocence autonomy civil-rights due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prima-facie sixth-amendment successive-petitions Should the May 2, 1995 Order to Show Cause/Prima Facie case; The NOV 05 2018 Superior Court writ of habeas corpus/Prima facie showing of violation of …
20-8164 Michael Mosley v. John Rich, Superintendent, Elmira Correctional Facility Second Circuit 2021-05-27 Denied Response WaivedIFP actual-innocence circumstantial-evidence confrontation-clause due-process habeas-corpus herrera-v-collins ineffective-counsel schlup-v-delo sixth-amendment Whether the new credible and compelling evidence of actual innocence, combined with the alibi, constitutes a 'truly persuasive showing of actual innoc…
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…
20-8174 Esad Lemo v. Pennsylvania Pennsylvania 2021-05-27 Denied Response WaivedIFP confrontation-clause criminal-procedure due-process intellectual-disability language-access language-interpretation mental-capacity police-interrogation right-to-interpretation sixth-amendment Is the Constitution violated where a defendant who speaks only Bosnian and has an IQ of 57 receives no interpretation during the suppression hearing t…
20-1649 Ronald Jeremy Hyatt v. California California 2021-05-26 Denied confrontation-clause due-process effective-assistance-of-counsel fourteenth-amendment preliminary-hearing sixth-amendment witness-disclosure Whether the prosecution may refuse to disclose the names and address of the 23 victims and additional witnesses it intends to call at petitioner's pre…
20-8119 Peter Anthony Ciraulo v. Oregon Oregon 2021-05-25 Denied Response WaivedIFP constitutional-law criminal-procedure harmless-error jury-trial nonunanimous-verdict sixth-amendment structural-error unanimous-verdict Whether a trial court commits structural error for purposes of the Sixth Amendment to the United States Constitution, when the trial court instructs a…
20-8126 Charles Wesley Kincheloe v. Oregon Oregon 2021-05-25 Denied Response WaivedIFP constitutional-law criminal-procedure due-process jury-trial nonunanimous-verdict sixth-amendment structural-error unanimous-verdict Does a trial court commit structural error for purposes of the Sixth Amendment to the United States Constitution, when the trial court instructs a jur…
20-8135 Gregg McNamara v. Rob Bonta, Attorney General of California Ninth Circuit 2021-05-25 Dismissed Response WaivedIFP coerced-confession constitutional-rights criminal-conviction criminal-procedure due-process guilty-plea habeas-corpus mental-competency mental-impairment sixth-amendment Whether a person convicted while suffering from severe mental impairment can invoke the Sixth Amendment right to know the nature and cause of the acti…
20-8099 Joseph Reinwand v. Susan Novak, Warden Seventh Circuit 2021-05-24 Denied Response WaivedIFP certificate-of-appealability confrontation-clause confrontation-rights due-process fair-trial fourteenth-amendment habeas-corpus sixth-amendment testimonial-statements Whether the Seventh Circuit Court of Appeals failed to apply the law on deceased out-of-court testimonial statements by a non-testifying witness, ther…
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…
20-8086 Jack E. Allen v. Pennsylvania Pennsylvania 2021-05-20 Dismissed IFP civil-rights constitutional-rights dna-evidence due-process exoneration fair-trial false-imprisonment federal-crimes fourteenth-amendment sixth-amendment wrongful-conviction Does the petitioner deserve another trial based upon constitutional rights violations?
20-8087 William Edward Erickson v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-05-20 Denied Response WaivedIFP appellate-review coercion conditional-plea constitutional-claims criminal-procedure evidence extraneous-statements ineffective-assistance-of-counsel ineffective-counsel involuntary-plea pretrial-motions sixth-amendment Whether the petitioner is entitled to constitutional review and relief on his claims at the appeal level regarding his ineffective assistance of couns…
20-8054 Joseph Reinwand v. Susan Novak, Warden Seventh Circuit 2021-05-19 Denied Response WaivedIFP certificate-of-appealability confrontation-clause confrontation-rights due-process fair-trial fourteenth-amendment habeas-corpus sixth-amendment Whether the Seventh Circuit Court of Appeals failed to apply the law on deceased out-of-court testimonial statements by a non-testifying witness
20-8073 Damari Jennings v. Louisiana Louisiana 2021-05-19 Denied Response WaivedIFP alford-plea due-process equal-protection guilty-plea ineffective-assistance ineffective-assistance-of-counsel juvenile-defendant north-carolina-v-alford plea-bargaining sixth-amendment Was Jennings denied due process and equal protection when the trial court refused to allow him to withdraw his guilty plea?
20-8051 Lucas Kenneth Sabatino v. United States Fourth Circuit 2021-05-18 Denied Response WaivedIFP criminal-defense criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mental-capacity prejudicial-error sixth-amendment trial-strategy Whether defense counsel committed prejudicial ineffective assistance of counsel by failing to raise issues relating to defendant's mental capacity at …
20-8028 Ryan Jason Brannon v. Texas Texas 2021-05-14 Denied IFP accuser available-to-testify confrontation-clause criminal-defendant cross-examination due-process right-to-confront sixth-amendment witness-testimony Whether the plain language of the Sixth Amendment's Confrontation Clause gives a defendant the literal right to confront and cross-examine their accus…
20-1581 Malia Arciero v. United States Ninth Circuit 2021-05-14 Denied Response Waived criminal-procedure habeas-corpus ineffective-assistance ineffective-assistance-of-counsel lafler-v-cooper plea-bargaining sentencing-enhancement sixth-amendment Whether the Sixth Amendment right to effective assistance of counsel was violated when defense counsel's deficient advice led to a two-point sentencin…
20-1571 Andrew Raymond and Brian Requena v. United States Second Circuit 2021-05-12 Denied Response Waived analogue-act analogue-enforcement-act controlled-substances criminal-procedure due-process jury-unanimity sixth-amendment vagueness-doctrine Whether the Controlled Substances Analogue Enforcement Act of 1986 is void for vagueness
20-8000 Natalie Marie Keepers v. Virginia Virginia 2021-05-12 Denied IFP criminal-procedure due-process fair-trial impartial-jury interrogation-tactics jury-selection miranda-warnings peremptory-challenges sixth-amendment Whether a trial court's refusal to remove a potential juror who admits she cannot be certain she can be fair violates the Sixth Amendment guarantee of…
20-8005 Philip Steven Matwyuk v. Mark Brnovich, Attorney General of Arizona, et al. Ninth Circuit 2021-05-12 Denied Response WaivedIFP constitutional-rights due-process equal-protection fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel investigative-misconduct prosecutorial-misconduct right-to-counsel right-to-self-representation sixth-amendment Question not identified
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…
20-1558 Vinay Yadav v. Texas Texas 2021-05-10 Denied civil-rights conspiracy-against-civil-rights constitutional-rights due-process evidence-tampering fourth-amendment ninth-amendment sixth-amendment thirteenth-amendment Whether COA/Texas-courts contravene the U.S. Constitution and Federal laws
20-7953 Alena Aleykina v. United States Ninth Circuit 2021-05-07 Denied Response WaivedIFP criminal-intent due-process evidence expert-testimony fifth-amendment legal-separation prosecutorial-misconduct sixth-amendment Was it fair to affirm 18-U.S.C-1519-charge
20-7955 Alton D. Pelichet v. Wayne Circuit Court Judge, et al. Michigan 2021-05-07 Denied Response WaivedIFP 14th-amendment 6th-amendment actual-innocence due-process equal-protection felony-murder fourteenth-amendment ineffective-assistance-of-counsel sixth-amendment Whether Petitioner was denied his right to a fair trial, due process and equal protection
20-7959 Thomas J. Connerton v. United States Second Circuit 2021-05-07 Denied Response WaivedIFP criminal-procedure due-process judicial-inquiry juror-discharge jury jury-selection reasonable-doubt sixth-amendment Should certiorari be granted where the District Court discharged a juror, without 'good cause' under rule 23(b)(3) of the Federal Rules of Criminal Pr…
20-7960 Michael Anthony Carroll v. Michigan Michigan 2021-05-07 Denied IFP due-process fundamental-defect-exception ineffective-assistance interstate-agreement interstate-agreement-on-detainers jurisdiction jurisdictional-limits jury-impartiality sixth-amendment tad-claims time-limits waiver Whether the statutory time limits imposed by the Interstate Agreement on Detainers are strictly jurisdictional and cannot be waived or proceeded upon …
20-7945 Troy Arnaud v. Darrel Vannoy, Warden Louisiana 2021-05-06 Denied Response WaivedIFP criminal-procedure fourteenth-amendment non-unanimous-jury ramos-retroactivity ramos-v-louisiana retroactivity sixth-amendment teague-framework teague-v-lane watershed-rule Whether Ramos v. Louisiana applies to cases on State collateral review
20-7935 Wilmar Rene Duran-Gomez v. United States Fifth Circuit 2021-05-05 Denied Relisted (2)IFP barker-test barker-v-wingo civil-immigration-offense criminal-investigation pretextual-arrest prosecutorial-misconduct sixth-amendment speedy-trial Whether prosecutors may prevent attachment of a defendant's Sixth Amendment speedy trial right by effecting a pretextual arrest for an unrelated civil…
20-7940 Khaled Elbeblawy v. United States Eleventh Circuit 2021-05-05 Denied Response WaivedIFP constitutional-rights criminal-forfeiture due-process fact-finding forfeiture jury-trial restitution sentencing-enhancements sixth-amendment Whether the Sixth Amendment requires a jury trial on forfeiture, and whether the Sixth Amendment forbids a judge from finding facts that increase fine…
20-7941 Kiandrick Onick v. United States Fifth Circuit 2021-05-05 Denied Response WaivedIFP constitutional-law criminal-procedure due-process parole sentencing sixth-amendment Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments?
20-7918 Jasper Pollini v. Amy Robey, Warden Sixth Circuit 2021-05-04 Denied Response WaivedIFP appellate-counsel habeas-corpus harmless-error ineffective-assistance ineffective-assistance-of-counsel lockhart-v-fretwell sixth-amendment sixth-circuit-review smith-v-robbins strickland-standard strickland-v-washington Whether Lockhart v. Fretwell's suggestion that 'mere outcome determination' is not sufficient to establish prejudice under Strickland v. Washington is…
20-7926 Sadat El-Amin v. Louisiana Louisiana 2021-05-04 Denied Response WaivedIFP collateral-review criminal-procedure Fourteenth-Amendment non-unanimous-jury ramos-retroactivity Ramos-v-Louisiana retroactivity Sixth-Amendment teague-framework Teague-v-Lane Whether Ramos v. Louisiana applies to cases on State collateral review
20-7915 Larry Marcel Vaughn v. Texas Texas 2021-05-03 Denied IFP criminal-procedure due-process habeas-corpus ineffective-counsel right-to-appeal sixth-amendment Whether the failure of appointed counsel to provide petitioner of his right to appeal the trial court's application of his guilt and/or the assessed p…
20-7889 Anthony Sistrunk v. United States Third Circuit 2021-04-29 Denied IFP plain-error plain-error-review public-trial public-trial-right sixth-amendment structural-error sua-sponte-closure voir-dire waller-v-georgia Whether the violation of the public trial provisions of the Sixth Amendment constitutes a structural error requiring automatic reversal under the plai…
20-7893 Anthony Edward Bridget v. California California 2021-04-29 Denied IFP criminal-procedure due-process exculpatory-evidence fair-trial ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct right-to-a-fair-trial right-to-counsel sixth-amendment trial-strategy Whether it is allowed for a judge to tell a jury who is biased to continue their belief in the defendant without a trial to defend against newly disco…
20-1515 Jason Assad v. Todd Wasmer, Warden, et al. Eighth Circuit 2021-04-29 Denied Response Waived certificate-of-appealability criminal-appeal due-process prejudice-presumption sixth-amendment united-states-v-cronic Did the Court of Appeals for the Eighth Circuit apply an incorrect standard by denying a Certificate of Appealability
20-1512 Gregory C. Dacanay v. Illinois Illinois 2021-04-28 Denied Response Waived criminal-procedure fourteenth-amendment impartial-jury impartiality jury-selection law-enforcement sixth-amendment structural-error Whether law enforcement officers can be fair and impartial jury members in a criminal trial
20-7864 James E. Mason, Jr. v. Louisiana Louisiana 2021-04-28 Denied Response WaivedIFP criminal-procedure fourteenth-amendment non-unanimous-jury ramos-retroactivity retroactivity sixth-amendment teague-framework teague-v-lane watershed-rule Whether Ramos v. Louisiana applies to cases on state collateral review
20-7876 Darrell Tillery v. Darrel Vannoy, Warden Louisiana 2021-04-28 Denied Response WaivedIFP collateral-review criminal-procedure fourteenth-amendment non-unanimous-jury Ramos-v-Louisiana retroactivity Sixth-Amendment Teague-v-Lane Whether Ramos v. Louisiana applies to cases on State collateral review
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?
20-7822 Trevon Wiley v. Louisiana Louisiana 2021-04-22 Denied Response WaivedIFP collateral-review criminal-procedure due-process equal-protection non-unanimous-verdict ramos-precedent retroactivity sixth-amendment state-criminal-procedure teague-standard unanimous-verdict Does the Court's decision in Ramos v. Louisiana apply to cases on state collateral review, where the State follows the retroactivity framework establi…
20-7823 Alan Trowbridge v. Jeffrey Woods, Warden Sixth Circuit 2021-04-22 Denied Response WaivedIFP appellate-review counsel-deficiency criminal-procedure federal-law habeas-corpus ineffective-assistance-of-counsel judicial-precedent prejudice sixth-amendment sixth-circuit strickland-standard strickland-v-washington Did the Sixth Circuit Court of Appeals decide an important question of federal law in a way that conflicts with this Court's holding in Strickland v. …
20-7825 Carlon McGinn v. Kansas Kansas 2021-04-22 Denied Response WaivedIFP apprendi-v-new-jersey constitutional-vagueness criminal-history criminal-sentencing due-process fourteenth-amendment judicial-determination jury-trial sentencing-enhancement sixth-amendment Whether the subsection-specific definition of 'PERSON FELONY' in Kansas Statutes is unconstitutionally vague
20-7812 Clive Patrick Bowen v. United States Ninth Circuit 2021-04-21 Denied Response WaivedIFP continuance criminal-procedure due-process right-to-counsel self-representation sixth-amendment Does a district court violate the Sixth Amendment or otherwise err when it grants a defendant's motion to represent himself shortly before trial but, …
20-7806 Zacharias Christopher Lee v. United States Fourth Circuit 2021-04-20 Denied Response WaivedIFP compulsory-process constitutional-rights discovery-manipulation due-process fair-trial fifth-amendment impartial-jury sentencing sixth-amendment Whether the Fourth Circuit's decision finding reasonableness in the sentence imposed by the district court is contrary to the Fifth Amendment due proc…
20-7808 James R. W. Mitchell v. California California 2021-04-20 Denied Response WaivedIFP client-autonomy mccoy-v-louisiana retroactivity sixth-amendment structural-error voluntary-manslaughter Did defense counsel's alternative argument for voluntary manslaughter in defiance of petitioner's wishes violate petitioner's Sixth Amendment right of…
20-7796 Maurice Atkinson v. United States Third Circuit 2021-04-19 Denied Response WaivedRelisted (2)IFP body-armor criminal-procedure due-process false-testimony obstruction-of-justice public-trial sixth-amendment Whether Maurice Atkinson was denied his Sixth Amendment right to a public trial
20-7786 Obidiah McCaskill v. Mark S. Inch, Secretary, Florida Department of Corrections Florida 2021-04-16 Denied Response WaivedIFP civil-rights constitutional-violation due-process fair-hearing fifth-amendment florida-statutes liberty sixth-amendment supervised-release unconstitutional Whether Florida Statutes and case law have deprived the petitioner of his liberty and a fair hearing, in violation of the 14th Amendment
20-7791 Shalamar Carmon v. Eric Armel, Superintendent, State Correctional Institution at Fayette, et al. Third Circuit 2021-04-16 Denied IFP 14th-amendment 6th-amendment constitutional-rights criminal-homicide due-process fourteenth-amendment procedural-defect sixth-amendment specific-offense vague-statement Was Petitioner denied due process of law
20-7768 Byron L. Hagans v. Mark Brnovich, Attorney General of Arizona, et al. Ninth Circuit 2021-04-15 Denied IFP criminal-procedure due-process fair-trial fourteenth-amendment habeas-corpus sixth-amendment Whether the petitioner's Sixth and Fourteenth Amendment constitutional rights were violated when he was tried in absentia without being informed of th…
20-7785 Kevino Graham v. United States Third Circuit 2021-04-15 Denied Response WaivedIFP constitutional-vagueness criminal-procedure criminal-statute due-process effective-assistance-of-counsel human-trafficking sixth-amendment statutory-interpretation vagueness Whether petitioner Graham was denied his Sixth Amendment right to effective assistance of counsel when counsel failed to challenge
20-7737 Marjuan Shondell Fleming v. United States Sixth Circuit 2021-04-14 Denied Response WaivedIFP circuit-split constitutional-rights crack-cocaine criminal-justice-reform criminal-procedure first-step-act post-conviction right-to-counsel sentence-enhancement sentencing sixth-amendment statutory-interpretation Whether the First, Fourth, and Sixth Circuits have erred in their interpretation of the 'covered offense' provision of the First Step Act of 2018, inv…
20-7739 Patrick J. Gage v. Reed A. Richardson, Warden Seventh Circuit 2021-04-14 Denied IFP constitutional-rights effective-assistance-of-counsel good-faith habeas-corpus reasonable-decision sixth-amendment state-criminal-defendants state-criminal-procedure Does habeas corpus exist for state criminal defendants?
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…
20-7732 Tina LaSonya Brown v. Florida Florida 2021-04-13 Denied IFP aggravating-factors appellate-review capital-sentencing constitutional-procedure death-penalty due-process ex-post-facto jury-finding jury-findings sixth-amendment Whether the Florida Supreme Court's procedure for imposing a death sentence violates the Sixth, Eighth, or Fourteenth Amendments
20-7715 In Re Richard DeCaro 2021-04-12 Dismissed Relisted (2)IFP double-jeopardy ex-post-facto federal-statute first-degree-murder ineffective-assistance ineffective-assistance-of-counsel mandatory-life second-degree-murder sentencing-guidelines sixth-amendment Whether the Ex Post Facto Clause is violated
20-7705 Marco Antonio Serrano v. United States Sixth Circuit 2021-04-09 Denied Response WaivedIFP appellate-waiver career-offender district-court-error due-process mandatory-application plea-agreement sentencing-enhancement sentencing-guidelines sixth-amendment Can a plea agreement that includes an appellate waiver lawfully deprive a defendant of his right to appeal a sentence that was based on the district c…
20-7679 Troy Allen Lucas, aka Troy Madron v. United States Fourth Circuit 2021-04-08 Denied Response WaivedIFP federal-rule-of-evidence-807 fifth-amendment forensic-evidence inconsistencies sixth-amendment third-party-guilt Whether the Fifth and Sixth Amendments prohibit a federal court from denying, under Federal Rule of Evidence 807, the admission of testimony provided …
20-7676 Aaron Orlando Richards v. Darrel Vannoy, Warden Fifth Circuit 2021-04-07 Denied Response WaivedIFP circumstantial-evidence criminal-conviction criminal-procedure ineffective-assistance ineffective-assistance-of-counsel jackson-v-virginia motion-for-bill-of-particulars motion-to-suppress reasonable-doubt sixth-amendment sufficiency-of-evidence Whether the State presented sufficient evidence to convict under Jackson v. Virginia
20-7669 Moses Jackson v. Alabama Alabama 2021-04-06 Denied IFP alabama-supreme-court due-process fair-trial innocence newly-discovered-evidence sixth-amendment Whether the Alabama Supreme Court violated the Sixth Amendment's right to a fair trial and the Due Process Clause of the Fourteenth Amendment by denyi…
20-7671 Ronald E. Johnson v. Derek Schmidt, Attorney General of Kansas, et al. Tenth Circuit 2021-04-06 Denied Response WaivedIFP constitutional-review criminal-procedure due-process kansas-supreme-court mandatory-minimums mandatory-sentencing sentencing sentencing-modification sixth-amendment statutory-interpretation sua-sponte Was Astorga v. Kansas remanded back to the Kansas Supreme Court for the purpose of correcting with the Mandatory Sentence modification of Hard 40/50 p…
20-7664 Jessie Willie Green v. Willis Chapman, Warden Sixth Circuit 2021-04-05 Denied Response WaivedIFP 6th-amendment civil-rights confrontation-clause due-process exculpatory-evidence identification-evidence identification-procedures ineffective-assistance ineffective-assistance-of-counsel sixth-amendment Whether the petitioner's constitutional rights under the Fourth, Fifth, Sixth, and Fourteenth Amendments were violated due to issues with identificati…
20-7630 Scott Paul Madlock v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-04-02 Denied IFP constitutional-law criminal-procedure due-process fifth-amendment interrogation right-to-counsel self-incrimination sixth-amendment Whether the United States Court of Appeals for the Sixth Circuit's decision sanctioned a departure from the accepted and usual course of judicial proc…
20-7644 Skip Hansen v. Kentucky Kentucky 2021-04-01 Denied Response WaivedIFP confrontation-clause constitutional-rights criminal-procedure due-process evidence-exclusion fourteenth-amendment right-to-defense right-to-present-defense sixth-amendment witness-testimony Did the Kentucky Court of Appeals allow Mr. Hansen's right to present a full and complete defense, which is protected by the Sixth and Fourteenth Amen…
20-7647 Gerti Muho v. United States Eleventh Circuit 2021-04-01 Denied Response WaivedIFP compulsory-process criminal-justice-system evidentiary-admissibility fair-trial fifth-amendment financial-disability pro-se-defendant sixth-amendment witness-subpoena Whether the deprivation of essential, singular witness testimony supporting an indigent defendant's theory of defense violates the right to compulsory…
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…
20-7619 Thomas Powers v. Greg Scott Seventh Circuit 2021-03-31 Denied Response WaivedIFP civil-commitment civil-rights constitutional-delay due-process fourteenth-amendment habeas-corpus mental-health sexual-offender sexual-violent-persons-act sixth-amendment speedy-trial Whether the courts should have conducted a Barker-v-Wingo analysis on the 8-year delay for civil commitment hearing
20-7623 Michael Eric Drake v. Pennsylvania Pennsylvania 2021-03-31 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel prior-bad-acts sixth-amendment trial-counsel Did the Pennsylvania Superior Court ignore the Sixth and Fourteenth Amendments when it found no issue with trial counsel's failure to protect his clie…
20-7600 Antonio Navarro v. California California 2021-03-30 Denied IFP confrontation-clause criminal-procedure due-process evidence fourteenth-amendment sixth-amendment translation-evidence witness-testimony Whether the admission of a translation of a witness's statement made in anticipation of litigation without calling the translator at trial for cross-e…
20-7579 Donald Phillips v. Texas Texas 2021-03-29 Denied IFP 6th-amendment constitutional-rights criminal-procedure due-process ineffective-assistance-of-counsel judicial-misconduct juror-misconduct jury prosecutorial-misconduct sixth-amendment trial-procedure Is it proper or a violation of the 6th Amendment due process law for a defense attorney to discover that during testimony in trial one of the jurors w…
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 …
20-7574 Robert K. Rymer v. United States Court of Appeals for the Seventh Circuit Seventh Circuit 2021-03-26 Denied IFP 6th-amendment brady-violation civil-rights confrontation-clause due-process fourth-amendment ineffective-assistance ineffective-assistance-of-counsel sixth-amendment Whether Rymer's state trial violated his right to effective assistance of counsel and due process under the Sixth and Fourteenth Amendments
20-7581 Michael Hernandez v. Florida Florida 2021-03-26 Denied IFP constitutional-rights fact-finding first-amendment judicial-discretion juvenile-sentencing life-sentence mandatory-minimum sentencing-factors sixth-amendment trial-judge Whether Florida's juvenile sentencing statute violates the Sixth Amendment
20-7547 Saloman Martinez v. United States Sixth Circuit 2021-03-25 Denied Response WaivedIFP confrontation-clause constitutional-interpretation criminal-law criminal-procedure due-process evidence judicial-discretion kentucky-law sentencing-guidelines sixth-amendment standard-of-proof supreme-court-precedent Whether the defendant's conviction and sentence are in conflict with the Supreme Court's precedents in (1) Crawford v. Washington, 541 U.S. 36 (2004),…
20-1356 Eduardo Lopez v. United States Eleventh Circuit 2021-03-25 Denied appellate-rights conflict-of-interest counsel-disqualification criminal-procedure disqualification guilty-plea sixth-amendment structural-defect wheat-v-united-states Does a guilty plea automatically waive a defendant's right to appeal a structural defect in the underlying proceedings?
20-7552 Hugo Rufino Alvarez-Reyes v. Brad Cain, Superintendent, Snake River Correctional Institution Ninth Circuit 2021-03-24 Denied Response WaivedIFP civil-procedure civil-rights due-process equal-protection expert-testimony first-amendment fourteenth-amendment free-speech ineffective-assistance sixth-amendment standing witness-credibility Whether the lower court erred in dismissing petitioner's claims alleging violations of the First Amendment and the Equal Protection Clause
20-7521 Lionel Lewis v. New York New York 2021-03-23 Denied Response WaivedIFP constitutional-rights courtroom-closure criminal-procedure due-process public-trial sixth-amendment undercover-officer Does an undercover officer's interest in potentially continuing undercover work in the general area where a defendant's family members reside categori…
20-1321 John Ching En Lee v. United States Ninth Circuit 2021-03-23 Denied Response WaivedRelisted (2) 18-usc-1001 6th-amendment certificate-of-appealability due-process ineffective-assistance ineffective-assistance-of-counsel law-of-the-case materiality sixth-amendment Whether Petitioner is entitled to a Certificate of Appealability
20-1314 Joshua Gregory Richardson v. United States Fourth Circuit 2021-03-22 Denied Response Waived constitutional-rights effective-assistance-of-counsel evidence-suppression ineffective-assistance-of-counsel investigation legal-procedure paid-citation sixth-amendment traffic-stop unlawful-search Whether Counsel's decision not to suppress evidence unlawfully seized from a traffic stop because a traffic citation was paid, then relying on that pa…
20-1298 Demetreus A. Keahey v. Dave Marquis, Warden Sixth Circuit 2021-03-19 Denied Response RequestedResponse WaivedRelisted (2) 14th-amendment 6th-amendment clearly established federal law regarding a defen criminal-procedure jury-trial or is an unreasonable application of self-defense due-process fourteenth-amendment habeas-corpus jury-trial self-defense sixth-amendment Whether the failure to give a self-defense jury instruction contradicts
20-1304 In Re Rexford Tweed 2021-03-19 Denied conflict-with-constitution constitutional-violation due-process florida-sentencing-statute habeas-corpus indefinite-sentence indeterminate-sentence parole-eligibility sixth-amendment Whether the life portion of Florida Capital Criminal sentencing statute §775.082 (1) and (6) (1987) is unconstitutional under the U.S. Constitution
20-1306 Alan Dale Walker v. Mississippi Mississippi 2021-03-19 Denied capital-case capital-punishment ineffective-assistance ineffective-assistance-of-counsel investigation mitigation-evidence psychological-trauma sixth-amendment tactical-decisions trial-counsel Did the Mississippi Supreme Court fail to adhere to this Court's Sixth Amendment jurisprudence requiring counsel in a capital case to conduct a thorou…
20-7504 Ray A. Gough v. Daniel Q. Sullivan, Warden Seventh Circuit 2021-03-18 Denied IFP 28-usc-2254 due-process fourteenth-amendment habeas-corpus sexually-dangerous-persons-act sixth-amendment speedy-trial supreme-court-precedent unreasonable-determination-of-facts Whether proceedings under the Illinois Sexually Dangerous Persons Act are 'criminal prosecutions' under the Sixth Amendment
20-7462 Anthony Kirkland v. Ohio Ohio 2021-03-17 Denied IFP capital-defendant death-penalty fair-trial fifth-amendment fourteenth-amendment impartial-jury ineffective-assistance sixth-amendment Are a capital defendant's rights to a fair trial by an impartial jury denied when a juror believes the death penalty should be used in all cases of mu…
20-7467 Timothy Wayne Carver v. United States Eleventh Circuit 2021-03-17 Denied Response WaivedIFP criminal-procedure due-process evidentiary-hearing guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargaining sixth-amendment Where plea counsel's ineffective assistance causes a defendant to misapprehend the consequences of pleading guilty, may the defendant obtain relief ev…
20-7478 Paul Eric Lewis v. Southern Connecticut State University, et al. Second Circuit 2021-03-17 Denied IFP access-to-courts civil-rights due-process fourteenth-amendment judicial-procedure pro-bono-counsel right-to-counsel sixth-amendment Whether the plaintiff's right to counsel was violated, resulting in a violation of the Fourteenth Amendment's due process clause and the Sixth Amendme…
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…
20-7455 Jeromey Glenn Jones v. Montana Montana 2021-03-15 Denied IFP constitutional-assistance court-interpretation criminal-procedure due-process ineffective-assistance-of-counsel judicial-review legal-protection procedural-due-process right-to-counsel right-to-participate sixth-amendment statutory-provisions Whether the defendant was denied effective assistance of counsel in violation of the Sixth Amendment of the U.S. Constitution
20-1253 Charles L. Stringer v. Storesonline, Inc., et al. Mississippi 2021-03-10 Denied chancery-court civil-procedure constitutional-rights due-process first-amendment fourteenth-amendment motion-to-strike pro-se-representation sixth-amendment statutory-interpretation Did the Mississippi Supreme Court break state law when it would not apply the mandatory language in the use of the word 'shall' in Mississippi Code of…
20-1240 Francisco Javier Palillero v. United States Tenth Circuit 2021-03-09 Denied Response RequestedResponse WaivedRelisted (2) criminal-procedure discovery-sanctions dna-evidence expert-testimony right-to-defense right-to-present-defense rule-16 sixth-amendment Whether precluding a criminal defendant's DNA rebuttal expert testimony as a Rule 16(d)(2) sanction for a non-willful violation is compatible with the…
20-1245 Pedro Vasquez v. Massachusetts Massachusetts 2021-03-09 Denied Response Waived appellate-counsel contract-obligations contracts-clause criminal-procedure due-process equal-protection fee-advancement impairment indigent-defense sixth-amendment Whether the Massachusetts Supreme Judicial Court impaired the obligation of a contract in contravention of Article I, sec. 10, cl. 1 of the U.S. Const…
20-7357 Raymond Eugene Johnson v. Oklahoma Oklahoma 2021-03-09 Denied IFP collateral-review criminal-defense criminal-procedure defendant-autonomy retroactivity right-of-autonomy sixth-amendment teague-rule teague-v-lane Does McCoy apply retroactively?
20-7381 Larry Wilkerson v. United States District of Columbia 2021-03-09 Denied Response WaivedIFP circuit-conflict evidence-based-concerns juror-discharge legal-disagreement rule-23(b)(3) sixth-amendment standard-of-review trial-court-discretion voir-dire Whether the court should resolve the conflict in the circuits regarding the standard applicable to determining when the Sixth Amendment prohibits disc…
20-7353 Fivea Sharipoff v. Rob Persson, Superintendent, Coffee Creek Correctional Institution Ninth Circuit 2021-03-08 Denied IFP collateral-review constitutional-rights criminal-trial due-process evidence habeas-corpus jury meaningful-defense non-unanimous-jury retroactivity sixth-amendment Whether the trial court violated the petitioner's right to present a complete defense
20-7364 James Baldwin v. Michael Clark, Superintendent, State Correctional Institution at Albion, et al. Third Circuit 2021-03-08 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process effective-counsel equal-protection ineffective-assistance mental-disability sixth-amendment Whether Appellant was denied rights under the Sixth and Fourteenth Amendments
20-1236 Jason Avery Anderson v. Harold W. Clarke, Director, Virginia Department of Corrections Virginia 2021-03-08 Denied as-applied-challenge constitutional-challenge cruel-and-unusual-punishment due-process effective-assistance-of-counsel eighth-amendment fourteenth-amendment sixth-amendment va-code-18.2-361 va-code-18.2-366 Is Anderson being subjected to cruel and unusual punishment in violation of the Eighth Amendment because Va. Code Sections 18.2-361 and 18.2-366 are u…
20-7336 Donovan Jonathan Tillman v. Florida Florida 2021-03-05 Denied Response WaivedIFP constitutional-rights courtroom-access criminal-procedure due-process evidentiary-hearing pretrial-hearing public-trial-clause sixth-amendment state-court-decision witness-exclusion Did the state court, contrary to rulings of this Court and of the supreme and intermediate appellate courts of other states, violate the Public Trial …
20-7337 Kevin Thurlow v. Michelle Edmark, Warden First Circuit 2021-03-05 Denied IFP conflict-of-interest constitutional-violation counsel-representation ineffective-assistance procedural-default sixth-amendment sixth-amendment-conflict-free-clause strickland-standard witness-testimony Did the petitioner's counsel provide ineffective assistance by failing to call, interview, and subpoena a witness?
20-7341 James Coddington v. Jim Farris, Warden Tenth Circuit 2021-03-05 Denied Amici (1)IFP capital-punishment criminal-procedure due-process habeas-corpus harmless-error material-evidence mens-rea right-to-defense right-to-present-defense sixth-amendment Can the suppression of material evidence helpful to the defense ever be harmless error, not least when the exclusion violated the Sixth Amendment's ri…
20-7343 Justin David Williams v. Utah Utah 2021-03-05 Denied Response WaivedIFP confrontation-clause criminal-procedure cross-examination due-process evidence hearsay sixth-amendment standard-of-review witness-testimony Whether the court of appeals erred in its admission of the father's 911 call under the excited utterance exception to the hearsay rule
20-7350 Adam DeVore v. Ohio Ohio 2021-03-05 Denied IFP due-process effective-assistance-of-counsel fourteenth-amendment government-misconduct indictment-misconduct manifest-miscarriage-of-justice sixth-amendment waiver-of-indictment Whether the service of a fake indictment and threats to foster a child constitutes a due process violation
20-7309 Phillip Maldonado v. Pennsylvania Pennsylvania 2021-03-03 Denied IFP civil-rights due-process equal-protection habeas-corpus ineffective-assistance-of-counsel sixth-amendment strickland-standard strickland-v-washington supremacy-clause Does the federal constitution's supremacy clause mandate state courts to apply the Strickland test for ineffective assistance of counsel claims on dir…
20-7316 Jose Luis Morales v. Stuart Sherman, Warden Ninth Circuit 2021-03-03 Denied IFP appeal appellate-review district-court-discretion effective-counsel first-appeal post-conviction post-judgment-appeal sixth-amendment state-statutory-right statutory-right Does the Sixth Amendment right to effective counsel on appeal apply to a case when the appeal takes place years after conviction and the defendant had…
20-1216 Faysal Khalaf v. Ford Motor Company, et al. Sixth Circuit 2021-03-03 Denied Response Waived appellate-review civil-procedure civil-rights due-process evidence-standard jackson-v-virginia jury-findings seventh-amendment sixth-amendment Whether the standard under the Sixth Amendment, as established by the Court in Jackson v. Virginia, 443 U.S. 307 (1979), should apply in civil cases u…
20-1218 Demetrius William Edwards, et al. v. Sherry Burt, Warden, et al. Sixth Circuit 2021-03-03 Denied Response RequestedResponse WaivedRelisted (2) is entitled to habeas relief thereby giving rise to a presumption of prejudice counsel-deprivation criminal-procedure critical-stage habeas-corpus ineffective-assistance-of-counsel prejudice-presumption presumption-of-prejudice right-to-counsel sixth-amendment Whether a criminal defendant who was deprived of counsel during a critical stage of his trial, thereby giving rise to a presumption of prejudice, is e…
20-7259 Juan Garcia v. United States Tenth Circuit 2021-02-26 Denied Response WaivedIFP certificate-of-appealability compulsory-process constitutional-rights criminal-procedure district-court due-process effective-assistance-of-counsel section-2255 sixth-amendment Was petitioner denied his Constitutional right to effective assistance of counsel during his trial, that is guaranteed by the Sixth Amendment of the U…
20-7273 Patrick Roger Brigaudin v. United States Eighth Circuit 2021-02-26 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process fair-trial plea-bargaining prosecutorial-discretion prosecutorial-misconduct sentencing sentencing-enhancement sixth-amendment Whether a prosecutor's threats to a defendant that he would receive a harsher sentence if he did not accept a plea deal denied him his constitutional …
20-7274 Michael Diabolis Griffis, Sr. v. Les Parish, Warden Sixth Circuit 2021-02-26 Denied Response WaivedIFP appellate-review criminal-procedure due-process faretta-standard federal-courts pro-se pro-se-representation right-to-counsel sixth-amendment Whether the Sixth Circuit Court of Appeals decision conflicts with clearly established law in Fareita v. California and conflicts with the decisions o…
20-7275 Alvin Herron v. Mark S. Inch, Secretary, Florida Department of Corrections Eleventh Circuit 2021-02-26 Denied Response WaivedIFP certificate-of-appealability confrontation-clause criminal-procedure due-process hearsay ineffective-assistance ineffective-assistance-of-counsel interrogation prior-record sixth-amendment Whether the court of appeals improperly denied the Petitioner a certificate of appealability
20-7227 Marcus Conner v. Indiana Indiana 2021-02-25 Denied Response WaivedIFP barker-test barker-v-wingo constitutional-rights due-process prejudice-factor pretrial-incarceration sixth-amendment speedy-trial Whether lengthy pretrial incarceration can be sufficient to weigh the prejudice factor in the accused's favor under the Sixth Amendment speedy trial b…
20-7230 Stanley Joseph Thompson v. United States Eleventh Circuit 2021-02-25 Denied Response WaivedIFP constitutional-provisions counsel-concession criminal-defense criminal-defense-counsel due-process ineffective-assistance ineffective-assistance-of-counsel mccoy-v-louisiana prejudice sixth-amendment trial-strategy Whether the Sixth Amendment permits criminal-defense-counsel to unilaterally-concede-guilt,
20-7249 Derrick Miles v. Illinois Illinois 2021-02-25 Denied IFP 14th-amendment 6th-amendment criminal-appeal due-process eyewitness-identification fair-trial fourteenth-amendment ineffective-assistance-of-counsel sixth-amendment trial-procedure witness-identification Whether the State of Illinois Appellate Court ruling denying petitioner's claim
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…
20-7216 Antwan Seawood v. United States Eighth Circuit 2021-02-24 Denied Response WaivedIFP abuse-of-discretion criminal-procedure criminal-sentencing dismissed-charges fifth-amendment sentencing sentencing-discretion sixth-amendment Did the District Court abuse its discretion and violate Appellant's Fifth and Sixth Amendment rights by sentencing him to a term of 240 months based u…
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…
20-7236 Vincent E. Boyd v. Dylon Radtke, Warden Seventh Circuit 2021-02-24 Denied IFP certificate-of-appealability court-procedure due-process legal-representation pro-se-defendant self-representation sixth-amendment sixth-amendment-right standby-counsel Should courts have to clearly define, on the record, the proper role of standby counsel in the proceedings?
20-7240 Joseph A. Hollahan v. Illinois Illinois 2021-02-24 Denied Response WaivedIFP civil-rights courtroom-privacy due-process evidence-examination fair-trial jury-deliberations jury-room non-juror-presence public-trial sixth-amendment trial-procedure Does the right to private and secret jury deliberations apply only in the jury room?
20-1164 Donald E. Boyd v. Steven Johnson, Administrator, New Jersey State Prison, et al. Third Circuit 2021-02-24 Denied Response Waived civil-rights due-process fair-trial fair-trial-rights involuntary-medication psychotropic-drugs right-to-counsel self-representation sixth-amendment xanax-dosage Whether the State of New Jersey's administration of unreasonably high doses of the controlled psychotropic drug Xanax violated the defendant's constit…
20-7214 Eric Kurt Patrick v. Florida Florida 2021-02-23 Denied IFP fifth-amendment impartial-jury ineffective-assistance-of-counsel juror-bias sixth-amendment trial-strategy voir-dire Where the purpose of voir dire is to empanel an impartial jury as guaranteed by the Sixth Amendment, but an actual biased juror is not removed for cau…
20-7221 William David Cannon v. Harold W. Clarke, Director, Virginia Department of Corrections Fourth Circuit 2021-02-23 Denied Response WaivedIFP aggregate-prejudice criminal-procedure cumulative-effect due-process fourth-circuit ineffective-assistance ineffective-assistance-of-counsel sixth-amendment strickland-standard strickland-v-washington Whether the Fourth Circuit's judicial precedence of not reviewing multiple ineffective assistance of counsel claims for the cumulative effect and aggr…
20-7192 Phillip Vance Smith, II v. Josh Stein, et al. Fourth Circuit 2021-02-22 Denied Response WaivedIFP civil-rights constitutional-review criminal-procedure death-penalty due-process fourth-circuit habeas-corpus ineffective-assistance-of-counsel retroactivity sixth-amendment teague-doctrine Whether the rule announced in Melony v. Louisiana, 138 U.S. 1500 (2018) applies retroactively to cases on collateral review
20-7198 Benjamin Edward Henry Bradley v. United States Sixth Circuit 2021-02-22 Denied Response RequestedResponse WaivedRelisted (2)IFP apprendi apprendi-doctrine criminal-forfeiture honeycutt honeycutt-precedent in-personam-judgment in-personam-money-judgments judge-found-facts jury-finding sixth-amendment Whether a court violates the Sixth Amendment's jury-finding requirements by ordering forfeiture based on judge-found facts
20-7202 Deon Anthony Romell Bailey v. United States Eighth Circuit 2021-02-22 Denied Response WaivedIFP civil-rights criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-counsel ninth-circuit plea-bargaining post-conviction sentencing sixth-amendment Whether the Eighth Circuit decision improperly denied petitioner's claim of violation by failing to remand to give him the opportunity to plead anew?
20-7203 Chiron Sharrol Francis v. Texas Texas 2021-02-22 Denied Response WaivedIFP chambers-v-mississippi confrontation-clause crane-v-kentucky crime-scene-evidence due-process evidence-authentication evidence-preservation fair-trial right-to-present-defense sixth-amendment Did the police's bad-faith-handling-of-evidence deny the defendant due-process-and-fair-trial
20-7204 Shane Faithful v. United States Fifth Circuit 2021-02-22 Denied Response WaivedIFP controlled-substance controlled-substances criminal-distribution criminal-law federal-sentencing medical-care medical-prescription prescription-drugs sentencing sixth-amendment statutory-interpretation Whether a physician who prescribes a controlled substance to a patient for reasons other than medical care has unlawfully 'dispensed' the substance, u…
20-1147 Thomas Jefferson Smallwood v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-02-22 Denied certificate-of-appealability compulsory-process confrontation confrontation-clause fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel sixth-amendment standard-of-review Should a certificate of appealability issue
20-1136 Peter Capote v. Alabama Alabama 2021-02-19 Denied 6th-amendment aggravating-circumstances capital-punishment death-penalty judicial-fact-finding judicial-weighing jury-trial mitigating-circumstances sentencing-scheme sixth-amendment Whether the Alabama death penalty sentencing scheme violates a defendant's Sixth Amendment right to a jury trial
20-1129 Scott Phillip Flynn v. United States Eighth Circuit 2021-02-17 Denied Amici (1) constitutional-rights criminal-procedure due-process guilty-plea irs jury-trial klein-conspiracy restitution seventh-amendment sixth-amendment Whether the due process clause requires discussion of the elements of an 18 U.S.C. § 371 conspiracy to defraud the IRS before accepting a guilty plea
20-7172 Dakota Manucy Constantin v. Florida Florida 2021-02-17 Denied Response WaivedIFP advisory-guidelines criminal-procedure due-process fifth-amendment judicial-discretion sentencing sentencing-guidelines sixth-amendment uncharged-conduct Was Constantin denied due process when the sentencing court relied upon uncharged conduct in imposing a sentence in excess of that recommended by the …
20-7152 Brian Hook v. Indiana Indiana 2021-02-16 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process guilty-plea habitual-offender ineffective-assistance ineffective-assistance-of-counsel sentencing sixth-amendment Whether the petitioner was deprived of effective assistance of counsel in violation of the Fifth, Sixth, and Fourteenth Amendments
20-7161 Tyrell E. Artis v. Ohio Ohio 2021-02-16 Denied IFP constitutional-rights domestic-violence due-process fourteenth-amendment ineffective-assistance plea-bargaining plea-withdrawal res-judicata sentencing-enhancement sixth-amendment Can a plea deal consisting of two (2) misdemeanor domestic violence charges be withdrew post sentence, when; (1) no direct appeal was taken; (2) said …
20-7118 Terry Allen Miles v. United States Fifth Circuit 2021-02-11 Denied Response WaivedIFP 5th-amendment 6th-amendment constitutional-rights criminal-procedure due-process evidence fifth-amendment sentencing sentencing-procedure sixth-amendment Did the trial court violate the 5th and 6th Amendments to the Constitution of the United States in overruling Petitioner's objection to the inclusion …
20-7121 Georges Michel v. United States Eleventh Circuit 2021-02-11 Denied Response WaivedIFP 21-usc-841 apprendi-rule apprendi-v-new-jersey drug-quantity due-process jury-trial sentencing-guidelines sixth-amendment statutory-maximum Whether the Court of Appeals erred in affirming the district court's drug-quantity determination that exceeded the statutory-maximum based solely on t…
20-7125 Rashan Williams v. Louisiana Louisiana 2021-02-11 Denied Response RequestedResponse WaivedRelisted (2)IFP collateral-review criminal-procedure Fourteenth-Amendment non-unanimous-jury retroactivity Sixth-Amendment Teague-v-Lane Whether Ramos v. Louisiana applies to cases on State collateral review
20-7129 Tyreek Torrence v. Pennsylvania Pennsylvania 2021-02-11 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel plea-bargaining right-to-counsel sentencing sixth-amendment Was Petitioner's guilty plea involuntarily induced?
20-7089 Kemen Lavatos Taylor, II v. Tim Walz, Governor of Minnesota, et al. Eighth Circuit 2021-02-09 Denied Response WaivedIFP constitutional-scrutiny courtroom-closure courtroom-closures eighth-circuit-court-of-appeals judicial-procedure minnesota-supreme-court public-trial sixth-amendment triviality-exception Whether the Sixth Amendment's public trial guarantee contains a triviality exception
20-7050 Mustafa Muhammad v. United States Fourth Circuit 2021-02-05 Denied Response WaivedIFP 6th-amendment civil-rights constitutional-right criminal-procedure due-process indiana-courts ineffective-assistance ineffective-assistance-of-counsel post-conviction-relief sixth-amendment Whether the Indiana courts erred in denying the petitioner's request for post-conviction relief based on ineffective assistance of counsel
20-7053 Hector Manuel Torres v. Texas Texas 2021-02-05 Denied IFP effective-assistance-of-counsel equal-protection fourteenth-amendment ineffective-assistance plea-bargain retroactivity sixth-amendment strickland-standard Whether the ruling in Ghaidez V United States deprives certain people of the right to equal protection by allowing defense counsel to withhold a vital…
20-7055 Bernard F. Verrett v. Darrel Vannoy, Warden Fifth Circuit 2021-02-05 Denied Response WaivedIFP criminal-defense defense-expert due-process expert-witness fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel intent intent-element sixth-amendment strickland-standard Whether Strickland requires counsel to procure an adequate defense expert to negate or mitigate the intent element of the crime when that was the only…
20-7063 Pablo Damiani-Melendez v. Robert May, Warden, et al. Third Circuit 2021-02-05 Denied Response WaivedIFP certiorari conflict-of-interest constitutional-rights constitutional-violations due-process fifth-amendment ineffective-assistance-of-counsel legal-challenge self-representation sixth-amendment supreme-court-review Whether the trial court violated Melendez's Sixth Amendment right under the United States and Delaware Constitution when it denied his verbal request …
20-7064 Justin Lee Perry v. North Carolina North Carolina 2021-02-05 Denied Response WaivedIFP constitutional-amendment due-process felony felony-charge fourteenth-amendment grand-jury indictment sixth-amendment trial-modification Does the N.C. Supreme Court decision conflict with Plye# v. Doe, Ex-Parte Bain v. U.S., U.S. v. Gaudin and the fifth, sixth, and fourteenth amendment …
20-7065 Anibal Canales, Jr. v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-02-05 Denied Amici (2)Relisted (13)IFP capital-habeas capital-punishment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mitigating-evidence penalty-phase prejudice sixth-amendment Wiggins-v-Smith Whether Richter established a higher prejudice standard for penalty phase IAC violations than Wiggins
20-1071 West Virginia, ex rel. June Yurish, et al. v. Laura V. Faircloth, Judge, Circuit Court of West Virginia, 23rd Judicial Circuit, et al. West Virginia 2021-02-05 Denied 6th-amendment conflict-of-interest counsel-of-choice criminal-procedure due-process joint-representation sixth-amendment standing supremacy-clause Whether a state precedent violates the Supremacy Clause and the 6th Amendment
20-1065 Christopher Hudler v. Pennsylvania Pennsylvania 2021-02-04 Denied Response Waived constitutional-rights criminal-procedure due-process extradition fourteenth-amendment in-absentia in-absentia-trial sixth-amendment Whether petitioner's judgment of conviction was rendered in violation of the Sixth and Fourteenth Amendments to the United States Constitution, where …
20-7041 Bruce Kintrell Green v. United States Fifth Circuit 2021-02-04 Denied Response WaivedIFP constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment parole sentencing sixth-amendment statutory-interpretation Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments?
20-7029 Odell Kinard, Jr. v. United States Ninth Circuit 2021-02-03 Denied Response WaivedIFP constitutional-rights continuance multi-defendant severance sixth-amendment speedy-trial statutory-rights trial-delay Does Petitioner sacrifice his Sixth Amendment and statutory rights to a speedy trial by the District Court's repeated denial of his motion to sever hi…
20-1059 Roy H. Murry v. Washington Washington 2021-02-03 Denied Response Waived anders-brief court-of-appeals due-process fourteenth-amendment pro-se pro-se-briefing right-to-counsel sixth-amendment Was Mr. Murry denied his Sixth Amendment Right to Counsel and Fourteenth Amendment Due Process?
20-7009 Mark Rudolph Arsenio Reed v. Robert Toole, Warden, et al. Eleventh Circuit 2021-02-02 Denied Response WaivedRelisted (2)IFP civil-rights due-process effective-assistance-of-counsel equal-protection first-amendment fourteenth-amendment indigent-defendant motion-in-arrest sixth-amendment standing Whether an indigent defendant has standing to claim a deprivation of the First Amendment right to petition the court
20-7012 Stanley Dan Reczko, III v. United States Ninth Circuit 2021-02-02 Denied Response WaivedIFP appellate-procedure circuit-court continuance district-court judicial-discretion legal-doctrine party-presentation sixth-amendment sixth-amendment-challenge united-states-v-sineneng-smith Does the Ninth Circuit's rule permitting it to decline to address a defendant's Sixth Amendment challenge (arising from the district court's denial of…
20-7017 Dennis Martin Beyer, Jr. v. Texas Texas 2021-02-02 Denied IFP constitutional-requirement continuous-sexual-abuse criminal-procedure criminal-trial due-process jury-conviction jury-unanimity sixth-amendment texas-court-of-criminal-appeals Does the constitutional requirement of jury unanimity require a jury to be unanimous as to specific acts of sexual abuse in order to convict a defenda…
20-6977 Joshua Ryan Dorman v. United States Fifth Circuit 2021-01-28 Denied Response WaivedIFP constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment sentencing sixth-amendment statutory-interpretation supervised-release Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments?
20-6981 Phillip Jay Walter, Jr. v. Texas Texas 2021-01-28 Denied Relisted (2)IFP 6th-amendment appellate-procedure due-process fair-trial ineffective-assistance-of-counsel meaningful-appeal pro-se-litigant sixth-amendment venue Is an Appellate Court duty bound to ensure that an Appellant - whether Represented or Pro Se - is afforded a full, fair, and meaningful appeal
20-6985 Zongli Chang v. United States Sixth Circuit 2021-01-28 Denied Response WaivedIFP appellate-waiver constitutional-rights due-process fines plea-agreement sentencing sentencing-guidelines sixth-amendment statutory-maximum Did the Sixth Circuit err in enforcing an unknowing, invalid plea agreement?
20-6954 Brenda Yadira Gamez-Castaneda v. United States Fifth Circuit 2021-01-27 Denied Response WaivedIFP alien-smuggling criminal-procedure criminal-sentencing due-process judge-found-facts judicial-fact-finding jury-trial jury-trial-rights sentencing sentencing-guidelines sixth-amendment Whether Petitioner's sentence violates the Sixth Amendment because its reasonableness depends upon facts found by the court that was not admitted by t…
20-6917 Frank McAfee v. United States Fifth Circuit 2021-01-26 Denied Response WaivedIFP appellate-procedure counsel-performance fifth-circuit ineffective-assistance insufficient-record legal-standard procedural-dismissal sixth-amendment specific-objection strategic-reasons Did the Fifth Circuit fail to follow its own law and that of other circuits when it dismissed Mr. McAfee's appeal alleging ineffective assistance beca…
20-6935 Melvin Wofford v. Jeffrey Woods, Warden Sixth Circuit 2021-01-26 Denied Response WaivedIFP constitutional-question criminal-trial deliberating-juror deliberation-process judicial-discretion juror-dismissal juror-removal jury-unanimity merits-of-the-case sixth-amendment unanimous-jury-verdict Does a trial court violate the defendant's Sixth Amendment right to a unanimous jury verdict when the record establishes a reasonable possibility that…
20-6912 Roy L. Rambo, Jr. v. Patrick Nogan, Administrator, East Jersey State Prison, et al. Third Circuit 2021-01-25 Denied Response WaivedIFP asset-forfeiture civil-rights constitutional-rights counsel-of-choice due-process pretrial-restraint retroactivity right-to-counsel sixth-amendment Did this Court's holding in Luis v. United States simply clarify a Federal civil asset forfeiture statute
20-6925 Leonidas Iraheta and Eduardo Hernandez v. United States Ninth Circuit 2021-01-25 Denied Response WaivedIFP 5th-amendment 6th-amendment constitutional-rights criminal-procedure due-process fifth-amendment judge-found-facts judicial-discretion jury-trial sentencing sentencing-enhancement sixth-amendment Whether the Fifth and Sixth Amendments prohibit severe increases to the sentences of criminal defendants using judge-found facts rejected by the jury
20-6929 Stephen Hugueley v. Tony Mays, Warden Sixth Circuit 2021-01-25 Rehearing Relisted (2)IFP habeas-corpus ineffective-assistance-of-counsel martinez-v-ryan procedural-default sixth-amendment strickland-v-washington Does the Martinez exception apply when post-conviction counsel's deficient representation resulted in a procedural default?
20-6915 Scott Lee Peterson v. California California 2021-01-22 Denied Response WaivedIFP capital-murder death-penalty eighth-amendment jury-selection sixth-amendment voir-dire witherspoon-challenge witherspoon-v-illinois Whether the Eighth Amendment permits a verdict of guilt returned by a jury from which all prospective jurors opposed to the death penalty have been im…
20-6916 Stephen M. Patterson, Jr. v. United States Sixth Circuit 2021-01-22 Denied Response WaivedIFP 6th-amendment civil-rights due-process edwards-standard indiana-v-edwards mental-competency self-representation sixth-amendment waiver-of-counsel Whether Edwards' heightened competency standards apply when a court grants a borderline competent and mentally ill defendant's request to represent hi…
20-6896 Phillip A. Benjamin v. Florida Florida 2021-01-15 Denied Response WaivedIFP criminal-procedure due-process equal-protection fair-trial fourteenth-amendment jury-selection sixth-amendment witness-testimony Did the Trial Court err when limiting the testimonies of the defense witness from testifying of vital information, therefore, hindering the Defendant …
20-6906 Charles Hamilton v. Steven Johnson, Administrator, New Jersey State Prison, et al. Third Circuit 2021-01-15 Denied Response WaivedIFP aedpa aedpa-restrictions counsel-of-choice criminal-defendant criminal-defendant-rights federal-law sixth-amendment state-court state-court-review Whether a State Court's erroneous denial of a criminal defendant's Sixth Amendment Right to be represented by counsel of choice resulted in a decision…
20-6911 Dimas Alfaro-Granados v. United States Eleventh Circuit 2021-01-15 Denied Response WaivedIFP certificate-of-appealability criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel juvenile-sentencing miller-v-alabama rico-enterprise sentencing sixth-amendment vicar whether-counsel-was-ineffective
20-6856 Lavon Oden v. Neil Turner, Warden Sixth Circuit 2021-01-14 Denied Response WaivedRelisted (2)IFP confrontation-clause cross-examination effective-assistance-of-counsel hearsay hearsay-evidence ineffective-assistance prosecutorial-misconduct sixth-amendment Was LaVon Oden's Sixth Amendment right to confront witnesses violated?
20-6885 David Alan Vogel v. United States Fifth Circuit 2021-01-14 Denied Response WaivedIFP 10th-amendment 2255-appeal 2255-motion 6th-amendment certificate-of-appealability circuit-court-precedent constitutional-grounds sixth-amendment supreme-court-precedent tenth-amendment Did the 5th Circuit violate the precedent of this Supreme Court and the legal standard of every other circuit when it denied Certificate of Appealabil…
20-6888 Christina Elizabeth Pandey v. United States Fifth Circuit 2021-01-14 Denied Response WaivedIFP constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment sentencing sixth-amendment statutory-interpretation supervised-release Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments?
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…
20-6851 Jeffrey Lee Atwater v. Florida Florida 2021-01-13 Denied IFP burden-of-proof constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel mccoy-v-louisiana right-to-counsel sixth-amendment Did Mr. Atwater show a violation of the right to determine the objective of his defense and his right to hold the State to its burden of proof of each…
20-6864 Brian David Hill v. United States Fourth Circuit 2021-01-13 Denied Response WaivedIFP appellate-review criminal-appeal criminal-procedure due-process jury-trial preponderance-of-evidence reasonable-doubt sixth-amendment supervised-release trial-by-jury Whether the district court erred in sentencing the petitioner without a jury trial and by a preponderance of the evidence
20-6869 Tavarius D. Radford v. Illinois Illinois 2021-01-13 Denied Response WaivedIFP courtroom-closure direct-appeal ineffective-assistance partial-closure public-trial sixth-amendment structural-error waller-v-georgia weaver-v-massachusetts whether-public-trial-right-violated
20-6820 Eljarod Lawson v. California California 2021-01-12 Denied Response WaivedIFP confrontation confrontation-clause constitutional-immunity due-process sexual-assault sixth-amendment sixth-fourteenth-amendment testimonial-hearsay witness-unavailability Was the Sixth Amendment right of confrontation violated?
20-6821 Matthew Jamal Jackson v. Texas Texas 2021-01-12 Denied IFP 14th-amendment 6th-amendment civil-rights constitutional-rights due-process fourteenth-amendment prejudice pretrial-incarceration public-trial sixth-amendment speedy-trial Whether petitioner was denied his Constitutional right to a Speedy Public Trial pursuant to the Sixth and Fourteenth Amendments
20-6837 Jacob Ray Owens v. United States Fifth Circuit 2021-01-12 Denied Response RequestedResponse WaivedRelisted (2)IFP criminal-procedure drug-crimes fact-finding judicial-fact-finding methamphetamine-distribution plea-agreement plea-bargaining sentencing sentencing-guidelines sixth-amendment Whether Petitioner's sentence violates the Sixth Amendment
20-6850 Ronald Eugene Weems v. Alabama Alabama 2021-01-12 Denied Response WaivedIFP alabama-supreme-court attorney-representation constitutional-rights court-review due-process habeas-corpus ineffective-assistance-of-counsel ineffective-counsel legal-representation post-conviction sixth-amendment Question not identified
20-6831 David Garcia v. United States Sixth Circuit 2021-01-11 Denied Response WaivedIFP circuit-court constitutional-rights criminal-procedure direct-appeal duty-to-adjudicate existing-record ineffective-assistance ineffective-assistance-of-counsel merits sixth-amendment Whether a circuit court of appeals has a duty to adjudicate the merits of a Sixth Amendment ineffective-assistance-of-counsel claim raised by a defend…
20-6836 Julian P. Gutierrez v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-01-11 Denied IFP appellate-counsel appellate-review criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel sixth-amendment trial-counsel Effective-Assistance-of-Counsel
20-926 Duane Ronald Belanus v. Montana Montana 2021-01-11 Denied Response Waived civil-rights due-process juror-privacy public-trial sixth-amendment voir-dire Whether the Sixth Amendment right to a public trial extends to the voir dire process, and whether the Sixth Amendment right to a public trial can be o…
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…
20-916 Nathaniel K. Hooker v. Illinois Illinois 2021-01-08 Dismissed adversarial-proceeding criminal-procedure due-process effective-assistance probable-cause right-to-bear-arms right-to-counsel right-to-effective-assistance-of-counsel sixth-amendment Whether the Circuit Court of Will County erroneously deprived the defendant of his Sixth Amendment right to counsel during his criminal proceedings
20-921 Braulio Marcelo Castillo v. Virginia Virginia 2021-01-08 Denied Response Waived child-witness closed-circuit-testimony confrontation-clause crawford-precedent crawford-v-washington criminal-trial due-process maryland-v-craig sixth-amendment Does the Confrontation Clause allow a non-victim child witness to testify against his father via two-way closed-circuit television when the witness ca…
20-6806 Troy Merck, Jr. v. Florida Florida 2021-01-08 Denied IFP autonomy-defense criminal-defense due-process mccoy-v-louisiana sixth-amendment specific-intent trial-counsel voluntary-intoxication Whether a defendant's autonomy to decide the objective of the defense is violated by the assertion of a voluntary intoxication defense
20-6810 Michael Lanier Watkins v. Georgia Georgia 2021-01-08 Denied IFP criminal-procedure defendant-rights due-process ineffective-assistance judicial-discretion lesser-included-offense sixth-amendment trial-counsel Did Petitioner receive ineffective assistance of counsel?
20-6811 Jesus Eder Moreno Ornelas v. United States Ninth Circuit 2021-01-08 Denied Relisted (2)IFP attempted-murder due-process felon-in-possession firearms jury plain-error-review rehaif-standard sentencing-guidelines sixth-amendment Whether a sentence may be enhanced for an offense tried to but not found by the jury
20-6775 Dantazias Raines v. Georgia Georgia 2021-01-05 Denied Response RequestedResponse WaivedRelisted (2)IFP criminal-procedure eighth-amendment jury-trial juvenile-sentencing life-without-parole montgomery-v-louisiana permanent-incorrigibility sixth-amendment Does a juvenile have a Sixth Amendment right to have a jury decide whether he is permanently incorrigible, and thus eligible to be sentenced to life w…
20-6776 Charod Becton v. United States Second Circuit 2021-01-05 Denied Response WaivedIFP alleyne-v-united-states apprendi-v-new-jersey conspiracy conspiracy-liability criminal-law due-process fifth-amendment jury-trial pinkerton-doctrine sixth-amendment Should this Court abrogate the judicially established Pinkerton doctrine
20-6778 Richard Anderson v. United States Second Circuit 2021-01-05 Denied Response WaivedIFP burden-of-proof courtroom-closure criminal-procedure family-member-exclusion public-trial sixth-amendment triviality-exception waller-v-georgia Whether there is a 'triviality exception' to the Sixth Amendment right to a public trial
20-6751 Roger Darryl Waldrep v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. Ninth Circuit 2021-01-04 Denied Response WaivedRelisted (2)IFP brady-evidence civil-rights due-process habeas-corpus ineffective-assistance self-representation sixth-amendment voluntariness-of-plea Does this Supreme Court grant and honor civil rights to all Arizonans and U.S. citizens?
20-6731 Kevin Francis v. Massachusetts Massachusetts 2020-12-30 Denied Response RequestedResponse WaivedRelisted (2)IFP case-screening court-procedure criminal-procedure indigent-defendants judicial-error legal-waiver precedent public-defender sixth-amendment waiver Whether the Massachusetts Supreme Judicial Court erred when it held that a public defender case screener who did not represent the defendant waived th…
20-860 Ryan Randall Gilbertson v. United States Eighth Circuit 2020-12-30 Denied Response RequestedResponse WaivedRelisted (2) constitutional-rights criminal-procedure criminal-restitution due-process jury jury-determination procedural-due-process reasonable-doubt sentencing sixth-amendment Whether the Sixth Amendment prohibits a court from imposing criminal restitution on a defendant based on facts not found by the jury beyond a reasonab…
20-6715 Michael Adair Mankin v. United States Fifth Circuit 2020-12-29 Denied Response WaivedIFP constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment sentencing sixth-amendment statutory-interpretation supervised-release Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments?
20-6725 Larry Durant v. South Carolina South Carolina 2020-12-29 Denied Response WaivedIFP brady-violation cell-phone-data criminal-sexual-conduct digital-privacy fourth-amendment fourth-amendment-jurisprudence judicial-instruction jury-coercion privacy search-and-seizure sixth-amendment trial-procedure Whether the government's warrantless seizure and search of a person's cell phone data violates the Fourth Amendment's protection against unreasonable …
20-6709 Lance Hundley v. Ohio Ohio 2020-12-28 Denied IFP capital-defendant capital-sentencing constitutional-review death-penalty due-process fourteenth-amendment jury-determination mental-health self-representation sixth-amendment Do the Sixth and Fourteenth Amendments forbid a trial court from allowing a capital defendant with questionable mental health to represent himself?
20-6705 Ian LaMonte Cormier v. James Comey, et al. Ninth Circuit 2020-12-23 Denied IFP compulsory-process confrontation-clause due-process effective-assistance-of-counsel prosecutorial-misconduct sixth-amendment Whether the court's placement of the defendant's boss on the stand to testify about the defendant's phone call to his boss constitutes a violation of …
20-6708 Tony Decloues v. Darrel Vannoy, Warden Fifth Circuit 2020-12-23 Denied Response WaivedIFP confession confession-voluntariness due-process fifth-amendment fourteenth-amendment sixth-amendment strickland-standard Whether the court of appeal should have granted COA where the district court employed a constitutionally impermissible standard in evaluating the volu…
20-6687 William James Jonas, III v. United States Fifth Circuit 2020-12-23 Denied Response WaivedIFP court-appointed-counsel due-process fifth-circuit pro-se right-to-counsel sentencing sentencing-hearing sixth-amendment substitute-counsel Whether the Fifth Circuit Court of Appeals erred in holding that the district court did not violate Petitioner William James Jonas, III's right to cou…
20-6690 Randolph Burleson v. United States Ninth Circuit 2020-12-22 Denied Relisted (2)IFP constitutional-rights criminal-indictment criminal-law federal-jurisdiction fifth-amendment indictment jurisdiction mens-rea sixth-amendment Whether federal courts have jurisdiction over a criminal matter when the charging document omits an essential mens rea element of the offense
20-6691 Cesar Armenta Lopez v. United States Eleventh Circuit 2020-12-22 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process fifth-amendment procedural-fairness sixth-amendment supervised-release united-states-v-haymond Did the district court's failure to afford petitioner an opportunity to be heard prior to adjudicating him guilty of supervised release violations as …
20-6652 Rex Duane Stephenson v. Brandon Kelly, Superintendent, Oregon State Penitentiary Ninth Circuit 2020-12-18 Denied IFP collateral-review constitutional-rights criminal-trial direct-appeal federal-habeas-corpus habeas-corpus ineffective-assistance jury-unanimity post-conviction-relief ramos-v-louisiana sixth-amendment Whether counsel provides ineffective assistance
20-6661 Brian Keith Figge v. Scott Frauenheim, Warden Ninth Circuit 2020-12-18 Denied IFP criminal-defendant criminal-procedure deliberation-process due-process judicial-misconduct juror-dismissal jury-deliberations jury-selection jury-trial sixth-amendment trial-by-jury Does a trial court violate a criminal defendant's Sixth Amendment right to trial by jury when it dismisses a defense holdout juror on the third day of…
20-6633 Eduardo David Vargas v. California California 2020-12-15 Denied IFP aggravating-circumstances constitutional-rights criminal-sentencing death-penalty due-process fifth-amendment jury-finding jury-trial reasonable-doubt sixth-amendment Does California's death penalty scheme violate the requirement under the Fifth, Sixth, and Fourteenth Amendments that every fact, other than a prior c…
20-6619 Pedro Carrasco, Jr., aka Pedro Carrasco v. United States Ninth Circuit 2020-12-14 Denied Response WaivedRelisted (2)IFP appellate-rights criminal-procedure dispositive-pretrial-motion effective-assistance-of-counsel ineffective-assistance-of-counsel plea-agreement plea-bargaining pretrial-motion right-to-appeal sixth-amendment Is a criminal defendant deprived effective assistance of counsel as guaranteed by the Sixth Amendment when counsel knowingly withholds from the trial …
20-6592 Edgar Gomez v. Raymond Madden, Warden Ninth Circuit 2020-12-10 Denied IFP criminal-procedure criminal-proceeding due-process faretta-right habeas-corpus right-to-counsel self-representation sixth-amendment timeliness Was Petitioner denied his right to self-representation pursuant to Faretta v. California
20-6598 Stephen Frederick Baker, Jr. v. Mark Capozza, Superintendent, State Correctional Institution at Fayette, et al. Third Circuit 2020-12-10 Denied IFP civil-rights criminal-procedure discovery due-process effective-assistance-of-counsel equitable-tolling guilty-plea ineffective-assistance-of-counsel sixth-amendment Whether the petitioner is entitled to equitable tolling
20-6603 In Re Antonio Akel 2020-12-10 Dismissed Response WaivedIFP appellate-jurisdiction appellate-procedure due-process equal-protection habeas-corpus mandamus right-to-counsel sixth-amendment structural-error Whether the Eleventh Circuit Court of Appeals erred in denying the petitioner's request for a writ of mandamus to compel the court to provide the peti…
20-6583 Edgar Espinoza v. United States Ninth Circuit 2020-12-09 Denied Relisted (2)IFP constitutional-defect criminal-indictment criminal-procedure federal-jurisdiction fifth-amendment guilty-plea indictment jurisdiction mens-rea sixth-amendment Whether federal courts have jurisdiction over a criminal matter when the charging document omits an essential mens rea element of the offense
20-6584 Richard Olive v. United States Sixth Circuit 2020-12-09 Denied Response WaivedIFP certificate-of-appealability criminal-procedure habeas-corpus ineffective-assistance plea-bargaining prejudice right-to-counsel sixth-amendment strickland-v-washington What do Missouri v. Frye and Lafler v. Cooper require to demonstrate prejudice from counsel's failure to advise on a plea offer?
20-6588 Kenneth Scott Gordon v. United States Ninth Circuit 2020-12-09 Denied Response WaivedIFP adversarial-testing appellate-procedure certificate-of-appealability criminal-defense effective-assistance-of-counsel fourth-amendment ineffective-assistance-of-counsel meaningful-adversarial-testing prosecutions-case sixth-amendment Should a certificate of appealability issue due to ineffective assistance of appellate counsel?
20-6589 John Xavier Portillo, aka John Portillo v. United States Fifth Circuit 2020-12-09 Denied Response WaivedIFP criminal-procedure critical-stage initial-appearance magistrate magistrate-hearing right-to-counsel sixth-amendment Whether the initial appearance before a Magistrate after the right to counsel has attached is a critical stage of the proceeding under the Sixth Amend…
20-6557 Richard Cruz v. United States Second Circuit 2020-12-08 Denied Response WaivedIFP criminal-law due-process felony-drug-offense fifth-amendment jury-verdict mandatory-minimum-sentence sentencing sixth-amendment vagueness vagueness-doctrine Whether the definition of 'felony drug offense' for the purposes of 21 U.S.C. §851 is void for vagueness after Johnson, Dimaya, and Davis
20-6566 Anilou Beltran Del Rio v. United States Fifth Circuit 2020-12-08 Denied Response WaivedIFP constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment sentencing sixth-amendment statutory-interpretation supervised-release Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments?
20-6530 Jamel Mobley v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2020-12-07 Denied Response WaivedIFP appellate-preservation appellate-process constitutional-ineffectiveness fair-trial ineffective-assistance ineffective-assistance-of-counsel new-trial-standard right-to-counsel sixth-amendment strickland-standard strickland-v-washington trial-counsel Whether trial counsel can be constitutionally ineffective under Strickland v. Washington, 466 U.S. 668 (1984) for failing to preserve an issue for pur…
20-6554 Jeffrey Fay Pike v. United States Fifth Circuit 2020-12-07 Denied Response WaivedIFP criminal-procedure due-process fair-trial impartial-jury jury-anonymity jury-selection presumption-of-innocence sixth-amendment Whether cloaking jurors in anonymity impermissibly impairs the presumption of innocence and the right of the accused to an impartial jury
20-775 Clifford Williams v. Louisiana Louisiana 2020-12-07 Denied Response Waived constitutional-rights criminal-procedure due-process evidence-admissibility fifth-amendment fourteenth-amendment right-to-present-defense self-defense sixth-amendment Whether a state court's arbitrary decision to deny a defendant the ability to present his self-defense case amounts to a denial of the fundamental con…
20-6511 Jose Antonio Lugo-Guerrero, aka Antonio Moraima, aka Fernando Rivera-Rodriguez, aka Alex v. United States First Circuit 2020-12-03 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process fifth-amendment guilty-plea judicial-review plea-bargaining sentencing sixth-amendment Whether this Court should grant this petition because the First Circuit's judgment affirming the district court's judgment violates Mr. Lugo-Guerrero'…
20-6513 Calvin Teko Coston v. United States Fourth Circuit 2020-12-03 Denied Response WaivedIFP constitutional-challenge due-process fifth-amendment jury-trial mandatory-imprisonment revocation sentencing-discretion sixth-amendment supervised-release united-states-v-haymond Whether 18 U.S.C. § 3583(g) violates the Fifth and Sixth Amendments
20-6514 Jimmy Ray Weatherholt, Jr. v. Virginia Virginia 2020-12-03 Denied IFP constitutional-rights criminal-prosecution due-process fair-trial judicial-conduct recusal right-to-counsel sixth-amendment trial-counsel Whether trial counsel's suspension and ultimate disbarment during the pendency of criminal charges deprived the defendant of his constitutional right …
20-6498 Tony Barksdale v. Jefferson Dunn, Commissioner, Alabama Department of Corrections Eleventh Circuit 2020-12-02 Denied IFP capital-punishment capital-sentencing certificate-of-appealability due-process effective-assistance-of-counsel eighth-amendment eleventh-circuit habeas-corpus sixth-amendment supreme-court-precedent Did the Eleventh Circuit misconstrue this Court's guidance in Buck v. Davis when it denied Petitioner a Certificate of Appealability?
20-6434 Julian Madero-Diaz, aka Hector Ramon Castillo v. United States Ninth Circuit 2020-11-25 Denied Response WaivedIFP 18-usc-3583 constitutional-punishment fifth-amendment jury-trial punishment-scheme sentencing-procedure sixth-amendment supervised-release Whether a judge's decision to revoke a person's supervised release and send him to prison subjects him to an unconstitutional punishment scheme under …
20-6449 Anthony Don Brown v. United States Fifth Circuit 2020-11-25 Denied Response WaivedIFP civil-rights due-process plea-bargaining sentencing sixth-amendment waiver Whether a defendant's appeal of a sentence imposed in violation of due process and notice rights is barred by a plea agreement's waiver provision
20-722 Rodney Anton Williamson v. United States Fourth Circuit 2020-11-25 Denied Response Waived certificate-of-appealability conflict-of-interest habeas-corpus ineffective-assistance ineffective-assistance-of-counsel massiah-v-united-states right-to-counsel rule-33-motion section-2255 sixth-amendment Right to counsel violation
20-721 Katie Garding v. Montana Montana 2020-11-24 Denied Response Waived 6th-amendment accident-reconstruction effective-assistance-of-counsel expert-testimony ineffective-assistance professional-norms sixth-amendment strickland-standard strickland-v-washington Whether trial counsel's failure to consult and call an expert witness in the field of accident reconstruction was objectively unreasonable under preva…
20-702 David Stiles, Jr. v. Texas Texas 2020-11-20 Denied arrest-to-trial-delay barker-v-wingo constitutional-rights doggett-v-united-states due-process government-burden presumption-of-prejudice presumptive-prejudice sixth-amendment speedy-trial Whether a defendant is required to demonstrate prejudice on a speedy-trial-claim involving a presumptively-prejudicial-delay
20-6391 Timothy Ronald Hare v. Michigan Michigan 2020-11-20 Denied IFP constitutional-standard critical-stage effective-assistance ineffective-assistance lafler-v-cooper plea-bargaining prejudice prejudice-analysis right-to-counsel sixth-amendment united-states-v-cronic Does the requirement to prove prejudice under Lafler v Cooper place a burden on the accused that is deemed unnecessary in United States v Cronic
20-6394 Michael A. Hagar v. United States Sixth Circuit 2020-11-20 Denied Response WaivedIFP constitutional-judicial-power criminal-procedure district-court-jurisdiction due-process jurisdiction protective-order sixth-amendment speedy-trial-act venue venue-limitations Question not identified
20-6396 Michael John Bever v. Oklahoma Oklahoma 2020-11-20 Denied IFP consecutive-sentences criminal-procedure cruel-and-unusual-punishment eighth-amendment eighth-amendment-review jury-finding juvenile-offender juvenile-sentencing sentencing sixth-amendment Whether a judge's decision to sentence a juvenile offender to consecutive terms is exempt from Eighth Amendment review
20-6383 Vincent McFadden v. Missouri Missouri 2020-11-19 Denied IFP fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel mitigation-evidence prejudice-assessment rompilla sixth-amendment strickland-standard wiggins williams Whether the Missouri Supreme Court's application of Strickland violated the Sixth and Fourteenth Amendments
20-6368 In Re Richard J. Ramsey 2020-11-18 Denied IFP 6th-amendment civil-rights court-martial due-process effective-assistance-of-counsel jury-trial military-justice plea-bargain separation-of-powers sixth-amendment ucmj Whether military plea-bargains procedures are unconstitutional
20-6372 Willie E. Ashe, Jr. v. United States District of Columbia 2020-11-18 Denied Response WaivedIFP constitutional-rights counsel-assistance geders-precedent geders-v-united-states plain-error presumptive-prejudice right-to-counsel sequestration sequestration-order sixth-amendment trial-interruption Whether the District of Columbia Court of Appeals erred in failing to reverse petitioner's convictions pursuant to the Sixth Amendment to the United S…
20-6373 Cordarrius Bonds v. United States Sixth Circuit 2020-11-18 Denied Relisted (2)IFP criminal-procedure felon-in-possession firearm-possession knowledge-of-status plain-error plea-bargaining sixth-amendment sixth-circuit-precedent structural-error Whether a defendant who pled guilty to being a felon in possession of a firearm is entitled to automatic plain-error reversal when the plea was neithe…
20-6330 Benjamin Macias v. United States Ninth Circuit 2020-11-17 Denied Response WaivedIFP criminal-defense criminal-procedure defendant-autonomy due-process mccoy-v-louisiana reckless-endangerment sentencing-guidelines sixth-amendment speedy-trial Whether the right to insist on a speedy trial is a choice that falls within the category of a criminal defendant's right to make his own choices about…
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…
20-6328 Christopher David Mayhall v. United States Fifth Circuit 2020-11-16 Denied Response WaivedIFP conflict-of-interest discretionary-review ineffective-assistance-of-counsel remand sixth-amendment supervisory-powers Whether the decision of the United States Court of Appeals for the Fifth Circuit denied an ineffective-assistance-of-counsel claim based on a conflict…
20-6332 Cecil Salyers v. Kentucky Kentucky 2020-11-16 Denied Response WaivedIFP concurrent-sentences consecutive-sentences constitutional-interpretation criminal-procedure ineffective-assistance ineffective-assistance-of-counsel prejudice sentencing-prejudice sixth-amendment strickland strickland-standard Whether the Kentucky Court of Appeals correctly interpreted the Sixth Amendment in holding the petitioner cannot demonstrate prejudice under Stricklan…
20-6335 Duane Allen Sikes v. United States Eleventh Circuit 2020-11-16 Denied Response WaivedIFP criminal-sentencing due-process fifth-amendment preponderance-of-evidence sentencing sentencing-guidelines sixth-amendment uncharged-conduct Whether the Fifth and Sixth Amendments preclude a district court from increasing a defendant's sentence based on conduct, uncharged and unrelated to t…
20-6341 Jason Harriman v. United States Eighth Circuit 2020-11-16 Denied Response WaivedIFP adequate-inquiry appointed-counsel appointment-of-counsel civil-rights court-inquiry criminal-procedure due-process indigent-defendant legal-representation right-to-counsel sixth-amendment Whether a defendant's 6th Amendment right to counsel of choice extends to an indigent defendant who has appointed counsel
20-6303 Lamar Whatley v. Illinois Illinois 2020-11-13 Denied IFP aggravating-factors constitutional-challenge de-novo eighth-amendment ineffective-assistance judicial-discretion mitigating-factors sentencing sentencing-discretion separation-of-powers sixth-amendment Whether the separation of powers clause allows the legislature to limit the scope of judicial discretion in sentencing by deeming certain aggravating …
20-6315 Darris Altony Newsome v. Harold W. Clarke, Director, Virginia Department of Corrections Fourth Circuit 2020-11-13 Denied IFP criminal-charges criminal-procedure double-jeopardy due-process fair-trial fourth-amendment ineffective-assistance ineffective-assistance-of-counsel probable-cause sixth-amendment victim-testimony witness-testimony Whether the petitioner's Sixth Amendment right to effective assistance of counsel was violated due to trial counsel's conduct involving dishonesty tha…
20-6317 Robert Petty v. Indiana Indiana 2020-11-13 Denied Response WaivedIFP appellate-review closing-arguments constitutional-rights due-process effective-assistance-of-counsel fifth-amendment fourteenth-amendment ineffective-assistance-of-counsel sentencing sixth-amendment trial-procedure Whether the Indiana Courts erred in denying Appellant effective assistance of trial counsel during closing arguments and sentencing, violating the Fif…
20-6285 Brittany Shanice Williams v. United States Fifth Circuit 2020-11-12 Denied Response WaivedIFP constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment sentencing sixth-amendment statutory-interpretation supervised-release Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments?
20-6292 Alonte Deshavion Richey v. United States Fifth Circuit 2020-11-12 Denied Response WaivedIFP constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment sentencing sixth-amendment statutory-interpretation supervised-release Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments?
20-633 Byron David Smith v. Jeff Titus, Warden Eighth Circuit 2020-11-10 Denied Response RequestedResponse WaivedRelisted (5) aedpa antiterrorism-act criminal-procedure criminal-trial due-process habeas-corpus public-trial sixth-amendment Whether the Sixth Amendment's public trial guarantee, within the AEDPA, applies to all phases of a criminal trial or only to pretrial suppression hear…
20-6245 Jovon C. Davis v. Willis Chapman, Warden Sixth Circuit 2020-11-09 Denied Response WaivedIFP constitutional-rights due-process effective-assistance-of-counsel fair-trial fourteenth-amendment ineffective-assistance jury-selection sixth-amendment trial-counsel Denial of Sixth and Fourteenth Amendment rights
20-6254 Roberto Yoquigua Lopez v. United States Ninth Circuit 2020-11-09 Denied Response WaivedIFP 5th-amendment 6th-amendment confidentiality criminal-procedure defendant-rights due-process duress-defense fair-trial fifth-amendment pre-trial-disclosure sixth-amendment testimonial-confidentiality Whether and to what extent the Fifth and Sixth Amendments permit a defendant to keep all of the details of his duress confidential before trial, or wh…
20-6259 Angela de Jesus-Concepcion v. United States Third Circuit 2020-11-09 Denied Response WaivedRelisted (2)IFP criminal-procedure district-court evidentiary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel misrepresentation sentencing sixth-amendment Whether Petitioner's Sixth Amendment right to the effective assistance of counsel was impermissibly violated
20-6243 Okeiba Sadio v. United States Second Circuit 2020-11-06 Denied Response WaivedIFP civil-rights constitutional-rights covered-offense criminal-procedure drug-distribution due-process first-step-act sentencing sentencing-reduction sixth-amendment statutory-penalties Whether the Second Circuit Court of Appeals erred in dismissing Mr. Sadio's constitutional right to due process, when clearly Mr. Sadio is eligible fo…
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…
20-6227 Cameron Battiste v. United States Seventh Circuit 2020-11-05 Denied Relisted (2)IFP criminal-procedure due-process fifth-amendment grand-jury plain-error-review sixth-amendment Whether a defective indictment that omits an element of the charged offense deprives the defendant of Fifth and Sixth Amendment rights
20-6211 Michael Anthony Robbins v. California California 2020-11-04 Denied Response RequestedResponse WaivedRelisted (2)IFP due-process investigation juror-bias jury-trial racial-bias sixth-amendment What constitutes juror bias for purposes of removing a sitting juror during deliberations?
20-6188 Joshua Chiazor Ezeka v. Minnesota Minnesota 2020-11-03 Denied Response WaivedIFP 5th-amendment 6th-amendment constitutional-rights custodial-interrogation fifth-amendment miranda-v-arizona miranda-warning plain-error right-to-counsel sixth-amendment Whether Petitioner's custodial statements should be suppressed due to lack of Miranda warning
20-6198 Agustin Chavez v. Florida Florida 2020-11-03 Denied Response WaivedIFP constitutional-law criminal-procedure due-process identity identity-verification post-conviction-information postconviction-information prior-record-exception sentencing sixth-amendment Whether courts have incorrectly applied a 'prior-record' exception to Apprendi-Alleyne rule
20-6199 Jacob Townley Hernandez v. Suzanne M. Peery, Warden Ninth Circuit 2020-11-03 Denied Response RequestedRelisted (11)IFP certificate-of-appealability constitutional-claim counsel-communication gag-order habeas-corpus right-to-counsel sixth-amendment structural-error trial-court-order trial-procedure Whether a trial court's unjustified gag order prohibiting defense counsel from discussing a critical witness's declaration with the defendant violates…
20-6183 Timothy N. Hatton v. Mark R. Sevier, Superintendent, New Castle Correctional Facility Seventh Circuit 2020-11-02 Denied Response WaivedIFP civil-rights constitutional-law criminal-procedure due-process federal-review habeas-corpus ineffective-assistance sixth-amendment standing Question not identified
20-6163 Angelique Bankston v. United States Sixth Circuit 2020-10-29 Denied Response WaivedIFP brady-violation civil-rights constitutional-rights due-process exculpatory-evidence grand-jury ineffective-assistance-of-counsel law-enforcement material-omissions professional-misconduct sixth-amendment Whether the government fabricated probable cause and made material omissions in the affidavit, violating the Fourth Amendment
20-6165 James Edward Sandford, III v. United States Second Circuit 2020-10-29 Denied Relisted (2)IFP circuit-split criminal-procedure felon-in-possession fourth-circuit ineffective-assistance plain-error-rule rehaif-standard rehaif-v-united-states second-circuit sixth-amendment Should the Court grant certiorari to resolve the Circuit split regarding the plain error rule between the Second and Fourth Circuits as it applies to …
20-6166 Brad Keith Sigmon v. Bryan Stirling, Commissioner, South Carolina Department of Corrections, et al. Fourth Circuit 2020-10-29 Denied IFP capital-punishment capital-sentencing cumulative-evidence evidentiary-hearing ineffective-assistance-of-counsel martinez-claim martinez-v-ryan mitigation-evidence sixth-amendment Whether the Fourth Circuit violated this Court's directives on the Sixth Amendment's right to effective counsel when it rejected Sigmon's Martinez evi…
20-6170 Justin David Brown v. United States Tenth Circuit 2020-10-29 Denied Response WaivedIFP administrative-law agency-action constitutional-law criminal-procedure due-process judicial-review sentencing sixth-amendment standing statutory-interpretation substantial-assistance did-the-court-err-by-not-holding-a-hearing
20-6157 Pedro Hernandez v. United States Ninth Circuit 2020-10-28 Denied Response WaivedIFP constitutional-rights criminal-procedure district-court due-process motion-to-dismiss prejudicial-error sixth-amendment Did the district court prejudicially err denying petitioner's motion to dismiss based on Sixth Amendment violations?
20-6140 Roger Jose Almanzar v. United States First Circuit 2020-10-27 Denied Response WaivedIFP appellate-review certificate-of-appealability counsel-performance due-process first-circuit habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargaining plea-offer sixth-amendment Did the First Circuit err in not granting a certificate of appealability on the merits of the claims of ineffective assistance of counsel
20-546 Michigan v. Laricca Seminta Mathews Michigan 2020-10-26 Denied constitutional-interpretation criminal-procedure custodial-interrogation due-process fifth-amendment miranda-rights right-to-counsel sixth-amendment Whether Miranda v. Arizona is satisfied when a suspect in custody is advised of the right to an attorney but not explicitly advised of the right to th…
20-547 Luis Xadiel Cruz Vazquez v. United States First Circuit 2020-10-26 Denied Response Waived brady-violation certificate-of-appealability conflict-of-interest due-process effective-assistance-of-counsel mickens-v-taylor sixth-amendment united-states-v-decologero wheat-v-united-states Whether the First Circuit applied a novel, harsher standard for issuing a certificate of appealability, denying due process and effective assistance o…
20-549 John Farrow, et al. v. Contra Costa County, California Ninth Circuit 2020-10-26 Denied Response RequestedResponse WaivedRelisted (2) bail circuit-split counsel-appointment criminal-procedure critical-stage due-process equal-protection indigent-defense right-to-counsel sixth-amendment Is a detainee's first appearance in court a 'critical stage' of the proceedings?
20-6138 Jerry Walker v. Wendy Kelley, Director, Arkansas Department of Correction Arkansas 2020-10-26 Denied Response WaivedRelisted (2)IFP 6th-amendment civil-rights confrontation-clause constitutional-challenge criminal-procedure declaratory-judgment due-process evidence procedural-error sixth-amendment Whether the petitioner was denied due process in his criminal trial
20-6112 Oscar Pena Trujillo v. Arizona Arizona 2020-10-23 Denied Response WaivedIFP 6th-amendment alleyne apprendi apprendi-rule due-process ex-post-facto-clause fact-finding jury-trial sex-offender-registration sixth-amendment southern-union Does the Sixth Amendment right to jury trial require submitting to the jury questions of fact that mandate sex offender registration?
20-6110 Samuel Hogans v. United States Fourth Circuit 2020-10-22 Denied Response WaivedIFP constitutional-rights criminal-defendant pro-se-representation right-to-counsel self-representation sixth-amendment trial-procedure trial-proceedings Whether a competent criminal defendant has a constitutional right to self-representation under the Sixth Amendment when the defendant invokes the righ…
20-6101 Rachel Mae Skidmore v. United States Fifth Circuit 2020-10-21 Denied Response WaivedIFP constitutional-interpretation constitutional-law criminal-procedure due-process fifth-amendment sixth-amendment statutory-construction statutory-interpretation Whether 18 U.S.C. 3§583(g)(1) comports with the Fifth and Sixth Amendments?
20-6102 Dontayous Tonard Cameron v. United States Eleventh Circuit 2020-10-21 Denied Response WaivedIFP 5th-amendment 6th-amendment due-process fifth-amendment parole revocation-sentence sentencing-scheme sixth-amendment statutory-maximum supervised-release Is 18 U.S.C. § 3583(e) unconstitutional as applied?
20-6106 Rafael Cruz v. United States Fifth Circuit 2020-10-21 Denied Response WaivedIFP civil-rights coerced-confession criminal-procedure due-process guilty-plea ineffective-assistance mental-disability plea-bargaining sentencing sixth-amendment voluntariness Whether the district court erred in denying the defendant's request for a certificate of innocence, when the defendant had pled guilty to 'hostage tak…
20-528 Nicholas S. Baas v. United States Armed Forces 2020-10-20 Denied Response Waived confrontation-clause court-martial daubert-standard due-process scientific-evidence sixth-amendment unanimous-verdict Whether a military servicemember's Sixth Amendment and due process rights are violated by allowing a conviction for non-capital offenses by a general …
20-6065 Delmar Reinheimer v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2020-10-20 Denied Response WaivedIFP aedpa antiterrorism-and-effective-death-penalty-act collateral-consequences collateral-consequences-of-conviction exhaustion-doctrine failure-to-advise federal-habeas-corpus habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sixth-amendment Under the Sixth Amendment and the Antiterrorism and Effective Death Penalty Act (AEDPA), is a claim of ineffective-assistance-of-counsel regarding col…
20-6083 John Oliver Wooten v. Patrick Warren, Warden Sixth Circuit 2020-10-20 Denied Response WaivedIFP deference factual-error federal-courts federal-review habeas-corpus habeas-review sixth-amendment sixth-circuit standard-of-review state-court state-courts Is a state court decision entitled to deference on federal habeas review if it is undisputed that the state court applied the wrong standard of review…
20-6084 Laron J. Wainwright v. United States Eighth Circuit 2020-10-20 Denied Response WaivedIFP almendarez-torres-v-united-states armed-career-criminal-act judicial-records jury-trial modified-categorical-approach prior-convictions sentencing sentencing-enhancement sixth-amendment Whether the Sixth Amendment permits a sentencing court to find that a defendant's prior convictions were committed on different occasions based on non…
20-6088 Miguel Angel Baez-Castillo v. United States Fifth Circuit 2020-10-20 Denied Response WaivedIFP almendarez-torres-v-united-states apprendi-v-new-jersey constitutional-rights criminal-procedure indictment prior-conviction prior-convictions sentencing sentencing-enhancement sixth-amendment Whether a court can impose a statutorily enhanced sentence based on a prior conviction not alleged in the indictment, consistent with the Sixth Amendm…
20-6070 James Dee Gilmore, Jr. v. United States Ninth Circuit 2020-10-19 Denied Response WaivedIFP burden-of-proof criminal-procedure due-process evidence-admissibility interrogation-techniques miranda-rights sixth-amendment voluntary waiver whether-the-ninth-circuit-court-of-appeals-established-a-troubling-precedent-inconsistent-with-edwards-v-arizona-and-lego-v-twomey
20-6045 Aaron E. Choat v. Rick Coursey, Superintendent, Eastern Oregon Correctional Institution Ninth Circuit 2020-10-16 Denied Response RequestedResponse WaivedRelisted (3)IFP collateral-review exculpatory-evidence impeachment ineffective-assistance non-unanimous-jury ramos-v-louisiana sixth-amendment sixth-amendment-retroactivity witness-impeachment Whether counsel provides ineffective assistance
20-6051 Jonathan Ortiz-Torres v. United States First Circuit 2020-10-16 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process ineffective-assistance plea-agreement sentencing sixth-amendment voluntariness Should a writ of certiorari should be granted to determine if trial counsel renders ineffective assistance when he fails to advise his client that the…
20-6020 Nasser Mohamad Bazzi v. Michigan Michigan 2020-10-15 Denied Response WaivedIFP civil-rights constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel interpreter-rights interpreters sixth-amendment structural-error Was the Arabic-speaking appellant denied effective assistance of counsel during critical stages of the proceedings, for which prejudice is presumed, w…
20-6037 David Williard v. Illinois Illinois 2020-10-15 Denied Response WaivedIFP 14th-Amendment 5th-Amendment 6th-Amendment Alibi-Witnesses constitutional-rights Due-Process Eyewitness-Identification ineffective-assistance reasonable-doubt sixth-amendment Ineffective-Assistance-of-Counsel
20-6040 Charlie Bell Bullock v. Harold W. Clarke, Director, Virginia Department of Corrections Fourth Circuit 2020-10-15 Denied IFP capital-punishment confrontation-clause criminal-procedure cross-examination ineffective-assistance ineffective-assistance-of-counsel mitigating-evidence professional-norms sentencing-phase sixth-amendment standard-of-review victim-rights Does the Confrontation Clause require a victim to be made available for cross-examination if pictures of them are submitted, and is counsel ineffectiv…
20-5996 Jamaal Howard v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2020-10-13 Denied IFP criminal-procedure due-process fourteenth-amendment ineffective-assistance-of-counsel mental-health mental-health-evaluation miranda-rights sixth-amendment Ineffective-assistance-of-counsel
20-5973 Efrain Santos v. Stewart Eckert, Superintendent, Wende Correctional Facility Second Circuit 2020-10-09 Denied IFP certificate-of-appealability due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct second-circuit sixth-amendment Whether the U.S. Court of Appeals for the Second Circuit erred in refusing to grant petitioner a COA to appeal from a judgment of the District Court d…
20-5984 Ricardo Woods v. Brian Cook, Warden Sixth Circuit 2020-10-09 Denied Response WaivedIFP batson-challenge batson-v-kentucky confrontation-clause constitutional-law dying-declaration giles-v-california peremptory-challenge sixth-amendment testimonial-statement trial-procedure whether-state-courts-misapply-confrontation-clause
20-5988 Ziyad Yaghi v. United States Fourth Circuit 2020-10-09 Denied Response WaivedIFP appellate-review certificate-of-appealability due-process effective-assistance-of-counsel gvr plea-process sixth-amendment Whether this Court should GVR the lower court's decision denying a Certificate of Appealability
20-464 James J. Rosemond v. United States Second Circuit 2020-10-09 Denied actus-reus capital-cases concession-of-guilt criminal-defendant criminal-procedure right-to-autonomy sixth-amendment trial-counsel Does an attorney violate a criminal defendant's Sixth Amendment right to autonomy by admitting, over the defendant's objection, that the defendant ord…
20-455 Daniel Carpenter v. United States Second Circuit 2020-10-08 Denied Response Waived due-process fifth-amendment post-indictment-delay post-verdict-delay pre-indictment-delay sentencing-delay sixth-amendment speedy-trial Whether the Government's prosecution of the Petitioner violated his Sixth Amendment right to a Speedy Trial and/or his Fifth Amendment right to Due Pr…
20-5953 Alex Lenard McCoy v. United States Fourth Circuit 2020-10-08 Denied Response WaivedIFP andrus-v-texas certificate-of-appealability counsel-performance discovery due-process ineffective-assistance ineffective-assistance-of-counsel plea-bargaining section-2255 sixth-amendment Was trial counsel ineffective in his directive to advise McCoy to plead guilty by failing to review the government's discovery in violation of this co…
20-5934 Thomas Holden v. Sherry L. Burt, Warden Sixth Circuit 2020-10-07 Denied Response WaivedIFP appellate-procedure conflict-with-supreme-court constitutional-review due-process federal-law ineffective-assistance premeditated-intent right-to-counsel sixth-amendment sixth-circuit strickland-standard trial-court-error Whether a United States Court of Appeal's has decided an important question of federal law that conflicts with relevant decisions of this Court
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…
20-5941 Charles Victor Thompson v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2020-10-07 Denied Relisted (5)IFP 28-U.S.C-2254(e)(2) aedpa-deference capital-punishment constitutional-claim federal-habeas habeas-corpus Massiah-claims punishment Sixth-Amendment state-court-review Williams-v-Taylor Did the circuit court err in holding that a federal habeas court may never hold a hearing on a punishment issue without first considering 28-U.S.C-225…
20-5944 In Re Gerald M. Calmese 2020-10-07 Denied IFP constitutional-rights conviction criminal-procedure due-process effective-counsel evidence fourteenth-amendment habeas-corpus identity-theft jurisdiction sixth-amendment Whether the evidence presented failed to establish the required element of 'another person,' for which the plaintiff was convicted of taking their ide…
20-5905 Travon Jarvel Jackson v. United States Ninth Circuit 2020-10-05 Denied Response WaivedRelisted (2)IFP confrontation-clause criminal-procedure evidence-admissibility federal-rules-of-evidence rule-412 rule-608b sex-trafficking sixth-amendment witness-impeachment Whether evidence of prior prostitution activity that is inadmissible under Rule 412 of the Federal Rules of Evidence to rebut a claim of sex trafficki…
20-5908 Mikel Clotaire v. United States Eleventh Circuit 2020-10-05 Denied Response RequestedResponse WaivedRelisted (2)IFP criminal-procedure eleventh-circuit-precedent fair-trial fifth-amendment fourteenth-amendment mug-shot-admission presumption-of-innocence sixth-amendment sixth-circuit-precedent Whether the Eleventh Circuit's decision to admit a mug shot in a criminal trial absent a need for the evidence splits with well-established Sixth Circ…
20-5920 Richard Cortez v. Iowa Iowa 2020-10-05 Denied IFP confrontation-clause criminal-procedure disclosure due-process sixth-amendment witness-testimony Whether a defendant's Sixth Amendment right to confrontation was violated when the State's primary eyewitness to the exchange testified under a false …
20-5896 In Re Douglas Weissert 2020-10-02 Denied IFP confrontation-clause constitutional-rights cross-examination evidence-admissibility mental-health prescription-medication sixth-amendment trial-procedure witness-testimony Whether the state trial court violated the defendant's Sixth Amendment rights by prohibiting cross-examination and evidence regarding the witness's me…
20-5897 Demetrice Williams v. Sandy McCain, Warden, et al. Fifth Circuit 2020-10-02 Denied IFP certificate-of-appealability COA criminal-procedure criminal-prosecution denial effective-assistance-of-counsel equal-protection federal-district-court fourteenth-amendment ineffective-assistance-of-counsel sixth-amendment Whether the federal district court should not have denied COA based on the substantial showing of the denial of the Sixth Amendment guarantees of the …
20-5848 Richard Bridgeman Gustafson v. Oregon Oregon 2020-10-01 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process fourteenth-amendment jury-trial jury-unanimity ramos-v-louisiana sixth-amendment state-trial-procedure Whether a criminal trial in the State of Oregon that did not guarantee a unanimous verdict, leading the defendant to choose a bench trial, was unconst…
20-5870 Demarcus Clark v. Darrel Vannoy, Warden Fifth Circuit 2020-10-01 Denied Response WaivedIFP confrontation-clause constitutional-rights criminal-procedure dna-analysis due-process evidence expert-testimony sixth-amendment Did the State's admission of the ill-court testimony and OWA report of a Surrogate DWA analyst in lieu of the actual testing DWA analyst and DWA repor…
20-5875 Terrence D. Marsh v. United States Fourth Circuit 2020-10-01 Denied Response WaivedIFP 18-usc-924c 6th-amendment criminal-procedure defense-right evidence firearm-prosecution firearms rosemond-precedent rosemond-v-united-states section-924c sixth-amendment statements-against-interest Whether the Court violated Rosemond v. United States, 572 U.S. 65 (2014), when finding Marsh had advance knowledge of the presence of a firearm in his…
20-5860 Miguel Antonio Wooten v. Warren L. Montgomery, Warden Ninth Circuit 2020-09-30 Denied Response WaivedIFP county-of-riverside-v-mclaughlin criminal-procedure due-process effective-assistance-of-counsel fourth-amendment habeas-corpus probable-cause sixth-amendment Whether petitioner's Sixth Amendment right to effective assistance of counsel was violated
20-5805 Ian Resnick v. United States Third Circuit 2020-09-28 Denied Response WaivedIFP confrontation-clause crawford-v-washington criminal-procedure due-process fraud-loss overview-testimony sentencing-guidelines sixth-amendment testimonial-statements Whether the Confrontation Clause permits the admission of an accuser's statement against a criminal defendant under the guise of 'overview testimony'
20-5830 Taryn Christian v. Todd Thomas, Warden Ninth Circuit 2020-09-28 Denied Response WaivedIFP brady brady-violation due-process fraud-on-the-court habeas habeas-corpus judicial-misconduct judicial-recusal prosecutorial-misconduct recusal sixth-amendment Whether the district court ignored due process by its repeated failure to rule on petitioner's Brady claims
20-5813 Glenn Young v. Darrel Vannoy, Warden Fifth Circuit 2020-09-25 Denied Response RequestedResponse WaivedRelisted (3)IFP constitutional-rights criminal-procedure due-process effective-assistance-of-counsel fourteenth-amendment jury-conviction jury-trial non-unanimous-verdict sixth-amendment Is the State's evidence sufficient to sustain Young's nonunanimous conviction?
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
20-5782 Harold Warren v. Indiana Indiana 2020-09-24 Denied Response WaivedIFP due-process fair-trial ineffective-assistance ineffective-assistance-of-counsel prejudice-prong sixth-amendment standard-of-review stare-decisis strickland-standard strickland-v-washington Whether the Indiana Court of Appeals' precedent has set the bar for the Strickland v. Washington prejudice prong too high
20-5770 David A. Bridgewater v. United States Seventh Circuit 2020-09-23 Denied Response WaivedIFP apprendi-rule dismissed-conduct due-process fifth-amendment judicial-fact-finding sentencing sentencing-guidelines sixth-amendment substantive-reasonableness Whether the Fifth and Sixth Amendments prohibit a court from relying solely on dismissed conduct to impose an otherwise substantively unreasonable sen…
20-5760 Daniel Carl Frederickson v. California California 2020-09-21 Denied IFP capital-case constitutional-rights defense-counsel faretta-v-california guilty-plea mccoy-v-louisiana plea-of-guilty self-representation sixth-amendment Does a state statute that requires the consent of defense counsel before a defendant in a capital case can enter a plea of guilty violate the Sixth Am…
20-5753 Kunta Kenta Redd v. United States Fourth Circuit 2020-09-18 Denied Response WaivedIFP crack-cocaine-sentencing due-process first-step-act retroactive-sentencing sentencing-guidelines sixth-amendment statutory-retroactivity Whether the petitioner is entitled to relief from denial of a 404 motion at the district court level in light of the First Step Act
20-5729 Amos Westmoreland v. Glen Johnson, Warden, et al. Eleventh Circuit 2020-09-17 Denied Response WaivedIFP actual-conflict-of-interest conflict-of-interest cuyler-v-sullivan due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel procedural-bar procedural-default sixth-amendment strickland-v-washington Does the 11th Circuit decision conflict with Martinez v. Ryan?
20-5737 Jesse Lewis v. United States Eleventh Circuit 2020-09-17 Denied Response WaivedIFP criminal-procedure criminal-trial due-process juror-misconduct jury-impartiality jury-selection religious-bias sex-trafficking sixth-amendment Whether the presence of a juror with religious bias violated the defendant's Sixth Amendment right to an impartial jury
20-5741 Juan Gabriel Sanchez-Hernandez v. United States Fifth Circuit 2020-09-17 Denied Response WaivedIFP criminal-procedure due-process jury-trial recidivism sentencing Sixth-Amendment Should the Court overrule Almendarez-Torres v. United States?
20-5720 Martin Garcia-Moreno v. United States Ninth Circuit 2020-09-16 Denied Response WaivedIFP constitutional-law criminal-procedure due-process elements-of-offense immigration-law jury-trial prior-conviction sentencing-factors sixth-amendment Should the Court finally overrule Almendarez-Torres?
20-5728 Derrick A. Dotson v. Louisiana Louisiana 2020-09-16 Denied Response RequestedResponse WaivedRelisted (3)IFP batson-challenge collateral-review criminal-procedure equal-protection jury-selection jury-trial ramos-retroactivity retroactivity sixth-amendment teague-standard Whether Ramos v. Louisiana applies to cases on state collateral review
20-5708 Fagbemi Miranda v. Massachusetts Massachusetts 2020-09-15 Denied Response WaivedIFP criminal-defense criminal-procedure defendant-rights fundamental-decision fundamental-decisions legal-representation right-to-counsel self-representation sixth-amendment trial-strategy Does the defendant's Sixth Amendment right to make fundamental decisions about his case include the right to choose which defense to present at trial?
20-5689 Orlando Bell v. United States District of Columbia 2020-09-14 Denied IFP acquitted-conduct constitutional-rights due-process fifth-amendment jury sentencing sixth-amendment Whether the Fifth and Sixth Amendments prohibit a federal court from basing a defendant's sentence on conduct for which the jury acquitted the defenda…
20-5669 Christopher Paul George v. United States Ninth Circuit 2020-09-11 Denied Response WaivedIFP apprendi-rule apprendi-v-new-jersey constitutional-procedure criminal-restitution equity-practice fifth-amendment jury-trial jury-verdict seventh-amendment sixth-amendment Whether Apprendi applies to a mandatory criminal restitution order, and whether the Seventh Amendment requires a restitution order to comply with trad…
20-5674 In Re James Ward 2020-09-11 Denied IFP constitutional-rights criminal-procedure due-process ineffective-assistance missouri-v-frye plea-bargaining sentencing sixth-amendment strickland-standard strickland-v-washington Ineffective-assistance-of-counsel
20-5644 Jonathan Limary v. Maine Maine 2020-09-10 Denied Response WaivedIFP constitutional-rights defense-of-others fair-trial impartial-jury jury-selection self-defense sixth-amendment voir-dire Did the lower court deny Jonathan Limary the right to a fair and impartial jury under the Sixth Amendment of the United States Constitution, by denyin…
20-5613 Keith Bernard Smith v. Noah Nagy, Warden Sixth Circuit 2020-09-09 Denied Response WaivedIFP constitutional-rights due-process evidentiary-hearing extraneous-contact fair-trial juror-misconduct jury remmer-v-united-states sixth-amendment trial-fairness Whether the trial court interfered with the petitioner's state and federal constitutional rights to a fair jury trial by refusing to hold an evidentia…
20-5629 Lester Waller v. Vance Laughlin, Warden Georgia 2020-09-09 Denied Response WaivedIFP due-process expert-witness-testimony fourteenth-amendment ineffective-assistance prosecutorial-misconduct right-to-counsel sixth-amendment trial-court-error waiver-of-counsel Did the Trial Court err when it determined Defendant's waiver of counsel was valid thus , violating his Sixth Amendment Right to Counsel and his Fourt…
20-5605 In Re Eric Wallace Koehl 2020-09-08 Denied Relisted (2)IFP 6th-amendment civil-rights compulsory-process criminal-procedure due-process effective-assistance-of-counsel ineffective-assistance-of-counsel public-trial racial-bias sixth-amendment Does a criminal defendant have a constitutional right to a public trial under the 6th Amendment to the United States Constitution?
20-5618 Adrian D. Riley v. Joseph Noeth, Superintendent, Attica Correctional Facility Second Circuit 2020-09-08 Denied Response WaivedIFP 28-usc-2254 appellate-review cullen-v-pinholster federal-habeas habeas-corpus ineffective-assistance ineffective-assistance-of-counsel section-2254 sixth-amendment strickland-v-washington Whether the court of appeals failed to follow this Court's federal habeas jurisprudence
20-5528 Miguel Romero v. California California 2020-09-04 Denied Response WaivedIFP fourteenth-amendment jury-trial juvenile-adjudication prior-conviction sentencing-enhancement sixth-amendment Whether the Sixth and Fourteenth Amendments preclude a trial court from using a prior juvenile adjudication to increase a defendant's maximum sentence…
20-5598 Gary Richardson v. Colorado Colorado 2020-09-04 Denied Response RequestedResponse WaivedRelisted (2)IFP criminal-procedure criminal-trial due-process family-member impartial-jury jury-selection sixth-amendment structural-error Whether a trial judge commits structural error violating a defendant's Sixth Amendment and due process rights to an impartial and independent jury by …
20-5562 Jeffrey Hessler v. Nebraska Nebraska 2020-09-03 Denied IFP aggravating-circumstances constitutional-amendments death-penalty eighth-amendment fourteenth-amendment hurst-v-florida judicial-panel jury-determination post-conviction-relief ring-v-arizona sixth-amendment Whether the Sixth, Eighth and Fourteenth Amendments, as well as Ring and Hurst, are violated when eligibility for the death penalty is asserted to be …
20-5569 Carlos Garcia-Toro v. Ohio Ohio 2020-09-03 Denied Response WaivedIFP conflict-of-interest criminal-defense criminal-procedure fourteenth-amendment homicide ineffective-assistance right-to-counsel sixth-amendment Does the Sixth and Fourteenth Amendment of the federal Constitution guarantee the right to conflict free counsel if defense counsel represents multipl…
20-272 Maryland, et al. v. Jimmie Rogers Maryland 2020-09-02 Denied Response Waived constitutional-interpretation criminal-procedure due-process fourteenth-amendment sentencing sex-offender-registration sixth-amendment Did the Court of Appeals of Maryland depart from this Court's decisions in Smith v. Doe and Apprendi v. New Jersey
20-250 Mark Anthony Poole v. Florida Florida 2020-09-01 Denied aggravating-circumstances capital-sentencing death-penalty eighth-amendment hurst-precedent hurst-v-florida jury-recommendation mitigating-circumstances sixth-amendment Whether the Florida Supreme Court erred in reinstating a capital sentence issued under Florida's pre-2016 scheme
20-5543 Javier Galindo-Caballero v. United States Fifth Circuit 2020-09-01 Denied Response WaivedIFP case-review constitutional-law criminal-procedure due-process fifth-circuit judicial-procedure legal-precedent sentencing sixth-amendment supreme-court supreme-court-review writ-of-certiorari Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)?
20-5554 Kenton Dayne Eagle Chasing v. United States Eighth Circuit 2020-09-01 Denied Response WaivedIFP 18-usc-3583 8th-circuit circuit-split criminal-offense criminal-revocation public-importance sentencing-procedure sixth-amendment subject-matter-jurisdiction Whether the Eighth Circuit Court of Appeals erred on a matter of public importance and created a circuit split when it ruled that subject matter juris…
20-5536 Joseph Scott McKinney v. Louisiana Louisiana 2020-08-31 Denied Response WaivedIFP confrontation-clause confrontation-rights criminal-defense due-process evidence evidence-exclusion rape-shield rape-shield-law sixth-amendment Whether Louisiana's Rape Shield law and the lower courts' rulings contravened the defendant's Sixth Amendment confrontation right and due process at t…
20-244 James Michael Fayed v. California California 2020-08-31 Denied double-jeopardy due-process fundamental-fairness right-to-counsel separate-sovereigns silver-platter-doctrine sixth-amendment uncharged-allegations Whether the Sixth Amendment right to counsel attaches on uncharged murder allegations
20-5530 Tony Gordon v. United States Ninth Circuit 2020-08-27 Denied Response WaivedIFP criminal-justice-act due-process expert-services independent-counsel sentencing sixth-amendment Whether a trial court violates the Sixth Amendment right to independent counsel in denying a defense application for necessary expert services pursuan…
20-5506 Rodolfo Lopez, Jr. v. Indiana Indiana 2020-08-26 Denied Response WaivedIFP bill-of-rights constitutional-rights criminal-procedure due-process indiana-criminal-rule-4 indiana-law sixth-amendment speedy-trial Did the trial court violate Mr. Lopez's right to a speedy trial under U.S. Constitution Sixth Amendment Bill of Rights recognized by the State of Indi…
20-5520 Michael Williamson v. Harold May, Warden Sixth Circuit 2020-08-26 Denied Response WaivedRelisted (2)IFP confrontation-clause constitutional-rights due-process fair-trial hearsay hearsay-statements right-to-witnesses sixth-amendment witness-exclusion Was Michael Williamson afforded a fair trial and right to confront his accusers or right to witnesses in his favor
20-5524 Ranau D. Johnson v. Ohio Ohio 2020-08-26 Denied Response WaivedIFP appeal appellate-counsel appellate-procedure constitutional-rights due-process effective-assistance-of-counsel ineffective-assistance-of-counsel ohio-appellate-rule sixth-amendment unit-of-prosecution Can the State Court deprive the Appellant the fundamental right to effective assistance of Appellate Counsel?
20-5477 Elvis Henry Idada v. United States Ninth Circuit 2020-08-25 Denied Response WaivedIFP access-to-justice constitutional-deprivation criminal-procedure defendants-rights discovery discovery-restrictions due-process government-limitations government-misconduct judicial-review sixth-amendment Should This Court Address the Sixth Amendment Deprivations Created by the Government's Pervasive Restrictions on Defendants' Access to Discovery?
20-5481 Fredrick Brown v. United States Third Circuit 2020-08-25 Denied Response WaivedIFP cross-examination federal-rules-of-evidence fifth-amendment mens-rea prior-acts sixth-amendment victim-witness-evidence Were the Petitioner's rights under the Fifth and Sixth Amendments infringed?
20-5475 Archie Cabello, aka Archibaldo Cabello, aka Archie Cabello, Jr., aka Archie P. Cabello, aka Arquimedes Cabello, aka Archie Palumbo v. United States Ninth Circuit 2020-08-24 Dismissed Response WaivedRelisted (2)IFP 60(b)(4) 60(b)(6) constitutional-rights counsel-of-choice due-process extraordinary-circumstances federal-law plea-petition right-to-counsel sixth-amendment When the government moves to strip a defendant of his counsel of choice, does the court have any obligation to hold a hearing to inquire and determine…
20-5439 Jesse Santibanez v. United States Fifth Circuit 2020-08-21 Denied Response WaivedIFP ABUSE-OF-DISCRETION CONFRONTATION-CLAUSE confrontation-right CRIMINAL-PROCEDURE CROSS-EXAMINATION district-court-discretion SIXTH-AMENDMENT WITNESS-CREDIBILITY witness-testimony Did the District Court violate Santibanez's Sixth Amendment right to confront witness Evangeline Perez Vela against him?
20-5440 Jose Tejada v. Massachusetts Massachusetts 2020-08-21 Denied Response WaivedIFP criminal-procedure due-process equal-protection ethnic-bias fourteenth-amendment jury-selection sixth-amendment whether-the-right-to-a-fair-trial-requires-questioning-prospective-jurors-on-bias-against-hispanics
20-5427 Josiah Daniel Porter v. Illinois Illinois 2020-08-20 Denied Response WaivedIFP criminal-procedure due-process effective-assistance-of-counsel guilty-plea ineffective-assistance-of-counsel judicial-cure plea-bargaining plea-stage sixth-amendment Whether a but-for causal relationship between the defendant's guilty plea and his counsel's deficiency is nullified by judicial plea admonitions
20-5429 Derrick T. Neville, Jr. v. United States Seventh Circuit 2020-08-20 Denied Response WaivedIFP alleyne apprendi criminal-procedure jury-trial sentencing sixth-amendment Whether a court can consistently apply the Sixth Amendment and the Court's holdings in Apprendi and Alleyne to require a jury to find facts that incre…
20-5436 Christy Santiago v. United States Fourth Circuit 2020-08-20 Denied Response WaivedIFP acquitted-conduct constitutional-rights criminal-procedure criminal-sentencing due-process jury-trial sentencing-guidelines sixth-amendment Does the Sixth Amendment's right to a jury trial prohibit courts from using acquitted conduct to vary significantly upward from a Sentencing Guideline…
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…
20-5415 Gillman Roddy Long, aka Dave Gillman Long v. United States Eighth Circuit 2020-08-19 Denied Response WaivedIFP 5th-amendment appeal-review civil-rights criminal-procedure due-process evidence fifth-amendment habeas-corpus self-incrimination sixth-amendment Does an objection to the government's argument that a defendant 'had not denied the accusations against him' violate the Fifth Amendment?
20-5369 Don Farmer v. Bernard Booker, Warden Fourth Circuit 2020-08-17 Denied Response WaivedIFP confrontation-clause court-procedure crawford-vs-washington due-process evidence-testimonial ineffective-assistance legal-standards professional-norms sixth-amendment testimonial-evidence verbal-testimony witness-testimony Whether the evidence supplied through verbal testimony of a witness is considered testimonial
20-5377 Brandon Ray Buckles v. United States Ninth Circuit 2020-08-17 Denied Response WaivedIFP §-2255-motion 28-usc-2255 due-process evidentiary-hearing federal-prisoner fifth-amendment ineffective-assistance ineffective-assistance-of-counsel sixth-amendment trial-counsel Is a district court's summary denial of a federal prisoner's § 2255 motion without an evidentiary hearing improper when the prisoner alleges ineffecti…
20-5379 Keith Adair Davis v. Washington Washington 2020-08-17 Denied Amici (2)Response RequestedResponse WaivedRelisted (2)IFP adversarial-process constitutional-rights criminal-procedure criminal-trial defense-counsel due-process pro-se-defendant right-to-counsel sixth-amendment unsettled-law Where a pro se defendant is absent from a criminal trial, whether due to misconduct or voluntary choice, is the trial court constitutionally required …
20-5381 Lawrence F. Curtin v. Kimberly Cortez Eleventh Circuit 2020-08-17 Denied Response WaivedIFP eighth-amendment fifth-amendment first-amendment florida fourteenth-amendment fourth-amendment judicial-qualification-commission petition redress-of-grievances sixth-amendment state-court-judge First Amendment right to petition Florida's Judicial Qualification Commission, the government, in writing, for a redress of grievances about state cou…
20-5362 David Wayne Allen v. Betty Mitchell, Warden Sixth Circuit 2020-08-14 Denied IFP biased-juror death-penalty due-process fourteenth-amendment habeas-corpus juror-bias ohio-supreme-court sixth-amendment supreme-court-precedent Did the trial court's refusal to dismiss a biased juror from a Death Penalty Panel, deprive Petitioner Allen of protection under the Sixth and Fourtee…
20-5330 Layne Aucoin v. Andrew Cupil, Lieutenant, et al. Fifth Circuit 2020-08-13 Denied Response WaivedIFP civil-rights eighth-amendment excessive-force muhammad-v-close prison-discipline prisoner-rights sixth-amendment Do the Sixth Amendment and this Court's decision in Muhammad v. Close, 540 U.S. 749 (2004), foreclose a federal court from dismissing an inmate 8th Am…
20-5344 Christopher Taylor v. Illinois Illinois 2020-08-13 Denied Response RequestedResponse WaivedRelisted (4)IFP 6th-amendment autopsy-report cause-of-death confrontation-clause criminal-procedure knowing-murder lesser-included-offense murder-charge sixth-amendment testimonial-evidence Whether a defendant is denied his Sixth Amendment right to be confronted with the witnesses against him
20-5320 Johnathan Lamar Burks v. Michigan Michigan 2020-08-11 Denied Response WaivedIFP alleyne apprendi due-process mcmillan sixth-amendment watts WHETHER THE GENERAL SIXTH AMENDMENT RULE ANNOUNCED BY THE COURT IN APPRENDI, AS EXTENDED BY ALLEYNE, OVERRULES THE COURT'S HOLDINGS IN BOTH MCMILLAN A…
20-5325 Maurice Woodard v. Mark S. Inch, Secretary, Florida Department of Corrections Eleventh Circuit 2020-08-11 Denied Response WaivedIFP actual-innocence administrative-law civil-rights constitutional-law continuance due-process effective-assistance-of-counsel habeas-corpus judicial-review legal-procedure sixth-amendment statutory-interpretation Whether the Shane Cooknell conviction violates the Sixth Amendment right to effective assistance of counsel when the court denied his request for a co…
20-5297 Demarius Bridges v. Illinois Illinois 2020-08-07 Denied IFP confrontation-clause criminal-procedure due-process hearsay hearsay-testimony right-to-confrontation sixth-amendment standing testimonial-hearsay unavailable-witness Can unconfrented testimonial hearsay be used as hearsay admission at trial?
20-5301 David L. Shanks, Jr. v. United States Seventh Circuit 2020-08-07 Denied Response WaivedIFP criminal-procedure due-process federal-court fifth-amendment judicial-procedure sixth-amendment trial-commencement trial-in-absentia Whether Federal Rule of Criminal Procedure 43 and a criminal defendant's Fifth and Sixth Amendment rights are violated
20-5304 Stephon Williams v. United States Eleventh Circuit 2020-08-07 Denied Response RequestedResponse WaivedRelisted (2)IFP adverse-effect conflict-of-interest criminal-trial cross-examination effective-assistance-of-counsel eleventh-circuit right-to-counsel sixth-amendment supreme-court-precedent witness-representation Whether Mr. Williams' Sixth Amendment right to conflict-free counsel was violated
20-5281 Steven Robinson, aka Michael Moore v. United States District of Columbia 2020-08-06 Denied Response WaivedIFP civil-procedure civil-rights due-process effective-assistance-of-counsel equal-protection fifth-amendment fourteenth-amendment free-speech self-incrimination sixth-amendment standing Whether the lower court erred in dismissing petitioner's claims for violation of the First Amendment and the Equal Protection Clause
20-5264 Lakento Brian Smith v. United States Sixth Circuit 2020-08-05 Denied Response RequestedResponse WaivedRelisted (2)IFP crack-cocaine criminal-sentencing first-step-act guideline-range mandatory-minimum post-sentencing-conduct resentencing sentence-reduction sixth-amendment statutory-interpretation Should the district court have held a hearing to consider petitioner's post-sentencing conduct and any other arguments before ruling on the motion?
20-5272 Jomiah Washington v. Willis Chapman, Warden Sixth Circuit 2020-08-05 Denied Response WaivedIFP coerced-testimony due-process habeas-corpus habeas-review initial-arraignment right-to-counsel sixth-amendment witness-coercion Whether the Sixth Amendment right to counsel extends to the initial arraignment on the warrant
20-5257 Jimmy McLain Moore v. United States Sixth Circuit 2020-08-04 Denied Response WaivedIFP confrontation-clause crawford-v-washington criminal-procedure due-process fair-trial fourth-amendment law-enforcement right-to-confrontation sixth-amendment witness-communication Whether the Sixth Circuit Court of Appeals failed to decide an important Federal Question regarding the right of a Defendant to confront witnesses aga…
20-120 Alfredo Juarez v. Colorado Colorado 2020-08-04 Denied Response RequestedResponse WaivedRelisted (2) criminal-procedure deportation effective-assistance-of-counsel guilty-plea immigration immigration-consequences padilla-standard padilla-v-kentucky sixth-amendment When there is no dispute that a guilty plea will trigger mandatory deportation pursuant to federal law, must defense counsel advise a defendant that t…
20-5192 Scott Allan Moser v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2020-07-31 Denied IFP appellate-counsel federal-rules-of-criminal-procedure habeas-corpus ineffective-assistance-of-counsel invited-error-doctrine martinez-framework martinez-v-ryan procedural-default sixth-amendment Whether procedurally defaulted claims of ineffective assistance of counsel are excusable under the framework established by Martinez v. Ryan
20-5196 David McConnell v. Florida Florida 2020-07-31 Denied IFP cooperation-with-state criminal-investigation criminal-procedure effective-assistance-of-counsel fourteenth-amendment ineffective-assistance-of-counsel murder murder-prosecution prosecutorial-conflict sixth-amendment Does counsel under the Fourteenth and Sixth Amendment have an obligation to effectively assist a defendant's cooperation with the State in a murder pr…
20-90 Eugene Slone v. United States Sixth Circuit 2020-07-29 Denied Response Waived certificate-of-appealability criminal-procedure habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-agreement sixth-amendment strickland-standard subject-matter-jurisdiction Did Slone sufficiently meet his burden under Strickland
20-5183 Keith Hoglund v. Ron Neal, Warden Seventh Circuit 2020-07-27 Denied Response WaivedIFP constitutional-amendments constitutional-rights due-process expert-testimony fourteenth-amendment harmless-error hearsay-evidence procedural-rights sixth-amendment Whether the lower court(s) violated Keith Hoglund's substantive and procedural due process rights
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
20-71 Stephen P. Brown v. United States Second Circuit 2020-07-24 Denied Response Waived appeal-waiver certificate-of-appealability criminal-procedure due-process fifth-amendment ineffective-assistance section-2255 sentencing sentencing-review sixth-amendment Whether the Second Circuit erred in denying a certificate of appealability on petitioner's claims of ineffective assistance of counsel and due process…
20-5169 Randy A. Thomas v. Ohio Ohio 2020-07-24 Denied IFP developmental-delay fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel low-iq mental-capacity self-defense sixth-amendment social-security Is counsel ineffective under the Sixth and Fourteenth Amendments when no investigation is conducted pre-trial concerning the client's developmental-de…
20-5171 Cedric Watkins v. Kenneth D. Hutchison, Warden, et al. Sixth Circuit 2020-07-24 Denied IFP constitutional-rights credibility-of-witnesses due-process effective-assistance-of-counsel evidence-sufficiency fourteenth-amendment ineffective-assistance jackson-v-virginia sixth-amendment witness-credibility Whether the lower courts properly applied Supreme Court precedent and enforced the U.S. Constitution
20-5173 Juan Domingo Velazquez v. Texas Texas 2020-07-24 Denied IFP court-appointed-counsel criminal-procedure defendant-rights due-process ineffective-assistance jury-trial plea-of-not-guilty right-to-counsel sixth-amendment structural-error Was it structural error that violated Petitioner's Sixth Amendment autonomy rights when Petitioner's court-appointed counsel conceded his client's gui…
20-5152 Joel Arredondo-Moreno v. United States Fifth Circuit 2020-07-23 Denied Response WaivedIFP criminal-procedure due-process sentencing sixth-amendment stare-decisis supreme-court Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)?
20-59 Charles R. Campbell v. Hollie Bennett, et al. Fourth Circuit 2020-07-23 Denied Relisted (2) due-process equal-protection family-court family-rights right-to-counsel rooker-feldman self-incrimination sixth-amendment state-actor state-bar Right to Counsel for Defence
20-5119 Wayne Powell v. Ohio Ohio 2020-07-21 Denied IFP death-penalty due-process eighth-amendment expert-funding hurst-v-florida indigent-defendant ineffective-assistance ineffective-assistance-of-counsel postconviction-relief sixth-amendment Does Ohio's postconviction process allow indigent defendants a substantive opportunity to develop claims that comport with Ohio's collateral review re…
20-5123 Cardell A. Hayes v. Louisiana Louisiana 2020-07-21 GVR Response RequestedResponse WaivedRelisted (2)IFP appeal-pipeline criminal-procedure due-process equal-protection fourteenth-amendment non-unanimous-verdict pipeline ramos-relief ramos-v-louisiana retroactivity sixth-amendment Whether Cardell Hayes is entitled to the relief provided by Ramos v. Louisiana because his case is in the appeal pipeline
20-5129 David Aziel Sheer v. Patrick Warren, Warden Sixth Circuit 2020-07-21 Denied Response WaivedIFP certificate-of-appealability confrontation-clause effective-assistance-of-counsel fair-trial fourteenth-amendment ineffective-assistance-of-counsel prosecutorial-misconduct sixth-amendment Whether this Court should issue a writ of certiorari
20-5036 Jermond Perry v. Jeffrey Woods, Warden Sixth Circuit 2020-07-20 Denied Response WaivedIFP batson-challenge batson-v-kentucky equal-protection habeas-corpus jury-selection peremptory-challenges peremptory-strikes racial-discrimination sixth-amendment Was counsel's objection at the moment the pattern emerged sufficient to warrant a full Batson inquiry with respect to all strikes in the alleged patte…
20-5105 David Scott Temple v. Darrel Vannoy, Warden Fifth Circuit 2020-07-17 Denied Response WaivedIFP constitutional-rights due-process effective-assistance-of-counsel fourteenth-amendment guilty-plea louisiana-constitution plea-bargaining sixth-amendment standard-of-review strickland-standard strickland-v-washington Was Mr. Temple denied effective assistance of counsel?
20-5084 Priscilla Ann Ellis v. United States Eleventh Circuit 2020-07-16 Denied Response WaivedRelisted (2)IFP 5th-amendment 6th-amendment brady-claim civil-rights due-process ineffective-counsel judicial-prejudice racial-bias sentencing sixth-amendment was-ellis-prejudiced
20-34 Anthony Thomas Grimes v. Kentucky Kentucky 2020-07-16 Denied Response Waived criminal-defense criminal-procedure effective-assistance-of-counsel parole-eligibility plea-bargaining plea-negotiation prejudice-standard sentencing sentencing-information sexual-offender-registration sixth-amendment strickland-v-washington Whether the Kentucky Court of Appeals has diminished and violated the federal constitutional guarantee of effective assistance of counsel
20-5066 Everett L. Spillard v. Superior Court of California, Humboldt County, et al. California 2020-07-15 Denied Response WaivedIFP appellate-review constitutional-rights due-process federal-courts habeas-corpus ineffective-assistance-counsel judicial-misconduct sixth-amendment state-courts transcripts Can the Superior Court and its DA violate due process rights and omit judicial mistakes/misconduct from transcripts?
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
20-5059 Christopher Goodin v. United States Sixth Circuit 2020-07-14 Denied Response WaivedIFP child-protection constitutional-rights criminal-penalty criminal-punishment jury jury-trial mandatory-restitution mandatory-statute restitution sexual-exploitation sixth-amendment Does the Constitution's guarantee of trial by jury extend to awards of restitution under the Mandatory Restitution For Sexual Exploitation of Children…
20-5032 Daniel Lewis Lee v. T. J. Watson, Warden, et al. Seventh Circuit 2020-07-13 Denied IFP 28-usc-2255 brady-claim due-diligence federal-inmates habeas-corpus ineffective-assistance-of-counsel savings-clause sixth-amendment structural-bar Whether the savings clause of 28 U.S.C. § 2255(e) is available where the circuit having § 2255 venue imposes a categorical structural bar on federal i…
20-5050 Ezra Leslie v. New York New York 2020-07-13 Denied Response WaivedIFP constitutional-rights due-process fair-trial ineffective-counsel prosecutorial-misconduct reversal sixth-amendment structural-error Whether the defendant was denied his Sixth Amendment right to choose his own defense and his due process right to a fair trial due to trial counsel's …
20-5003 Richard B. Woods v. Louisiana Louisiana 2020-07-09 Denied Response RequestedResponse WaivedRelisted (3)IFP constitutional-error constitutional-law criminal-procedure due-process fourteenth-amendment jury-trial non-unanimous-verdict remand sixth-amendment Whether petitioner's conviction based upon a non-unanimous verdict violated the Sixth and Fourteenth Amendments to the United States Constitution?
20-5010 Danny Lee Warner, Jr. v. Montana Montana 2020-07-09 Denied Response WaivedIFP attorney-client-privilege due-process evidentiary-hearing eyewitness-identification fourteenth-amendment prosecutorial-misconduct right-to-counsel sixth-amendment Is purposeful intrusion into attorney-client privilege per se prejudicial?
19-8909 Grant Ruffin Haze v. Katy Poole, Administrator, Scotland Correctional Institution Fourth Circuit 2020-07-08 Denied IFP civil-rights criminal-procedure due-process evidence-presentation exculpatory-evidence fair-trial ineffective-assistance prosecutorial-misconduct sixth-amendment trial-counsel witness-tampering Did the prosecution's intentional and repeated abuse of the witnesses and the selective theft of the petitioner's exculpatory legal materials, conceal…
19-8920 Deshawn Colbert v. Sherry L. Burt, Warden Sixth Circuit 2020-07-08 Denied Response WaivedIFP confrontation confrontation-clause criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel new-trial pre-arrest-silence prosecutorial-misconduct sixth-amendment Whether the appellant's Sixth Amendment right to confrontation was violated due to ineffective assistance of counsel
19-8928 Oscar Campos-Lagunas, aka Jose Lopez-Lomali, aka Carlos Ortiz, aka Orbelin Lagunas Campos, aka Carlos Laguna Campos, aka Oscar Laguan Campos, aka Norbelio Campos-Lagunas, aka Carlo Garcia, aka Orbelin Campos v. United States Fifth Circuit 2020-07-08 Denied Response WaivedIFP apprendi-rule constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment judicial-interpretation precedent-review sentencing sixth-amendment statutory-interpretation supreme-court-review Whether this Court should consider the continuing validity of Almendarez-Torres v. United States, 523 U.S. 244 (1998), in light of the reasoning of Ap…
19-1474 Tyler Herndon v. Pennsylvania Pennsylvania 2020-07-08 Denied Response Waived collateral-order-doctrine criminal-procedure due-process habeas-corpus habeas-corpus-relief hearsay-evidence right-to-counsel sixth-amendment Whether the Pennsylvania Supreme Court's refusal to review the Trial Court's Denial Order on a Petition for Habeas Corpus Relief, in a case where adju…
19-1465 Robert Marcelis v. Pennsylvania Pennsylvania 2020-07-07 Denied Response Waived criminal-defendant criminal-procedure increased-sentence jury-finding jury-trial prior-convictions reasonable-doubt sentencing-enhancement sixth-amendment Does the sixth amendment require a jury finding beyond a reasonable doubt that a criminal defendant has one or more prior convictions before an increa…
19-8847 Michael D. Nixon v. United States Sixth Circuit 2020-07-07 Denied Response WaivedIFP 18-USC-3006A constitutional-rights criminal-procedure due-process expert-witness funding-denial geo-location indigent-defendant sixth-amendment statutory-interpretation Whether Michael D. Nixon's constitutional rights were violated when the District Court failed to grant him, an indigent defendant, funding for a geo-l…
19-8889 Hector Guagua-Alarcon v. United States Eleventh Circuit 2020-07-02 Denied IFP article-iii article-three due-process executive-branch executive-power federal-jurisdiction maritime-drug-law maritime-drug-law-enforcement-act sixth-amendment subject-matter-jurisdiction Does the MDLEA violate Article III and the Sixth Amendment by giving dispositive weight to the Executive Branch's assertion that jurisdiction exists?
19-8892 Edwin G. Perez-Cubertier v. United States First Circuit 2020-07-02 Denied Response WaivedIFP collateral-proceeding collateral-proceedings counsel-rights first-circuit ineffective-assistance ineffective-assistance-of-counsel massaro-precedent right-to-counsel sixth-amendment speedy-trial statutory-interpretation withdrawal-from-conspiracy Whether Massaro v. United States requires a defendant to proceed under §2255 for an ineffective assistance of counsel claim, and if so, whether the Si…
19-8874 Robert Warren Scully v. United States Fifth Circuit 2020-07-01 Denied Response WaivedIFP constitutional-rights criminal-sentencing fact-finding fifth-amendment jury-trial restitution restitution-order sixth-amendment Whether a restitution order imposed as part of a federal criminal sentence and based on fact-findings made by the district court, rather than the jury…
19-8875 David Gerard Jones v. Louisiana Louisiana 2020-07-01 Denied Response RequestedResponse WaivedRelisted (3)IFP constitutional-rights criminal-procedure due-process fourteenth-amendment jury-trial non-unanimous-verdict remand sixth-amendment Whether petitioner's conviction based upon a non-unanimous verdict violated the Sixth and Fourteenth Amendments
19-8866 Yara Chum v. Patricia Anne Coyne-Fague, Director, Rhode Island Department of Corrections First Circuit 2020-06-30 Denied Response WaivedIFP federal-law ineffective-assistance ineffective-assistance-of-counsel prejudice-analysis prejudice-standard sixth-amendment state-court-review state-law-standard strickland-standard strickland-v-washington Did the Court of Appeals for the First Circuit err in holding that a state court decision was not contrary to federal law when, in deciding a Sixth Am…
19-8825 Edgardo Navarro v. United States Fifth Circuit 2020-06-26 Denied Response WaivedIFP almendarez-torres apprendi criminal-procedure indictment notice-clause prior-conviction sentencing-enhancement sixth-amendment Whether a sentencing court can impose a statutorily enhanced sentence based on a prior conviction not alleged in the indictment, consistent with the S…
19-8832 Stefan Van Der End v. United States Second Circuit 2020-06-26 Denied Response RequestedResponse WaivedRelisted (2)IFP criminal-procedure due-process jury-trial maritime-law nationality sixth-amendment Whether the Fifth and Sixth Amendments are violated by the provision of the Maritime Drug Law Enforcement Act, 46 U.S.C. § 70504(a), precluding jury c…
19-8819 Hector Rivera v. United States Second Circuit 2020-06-25 Denied Response WaivedIFP alternative-evidence confrontation-right cross-examination district-court-discretion evidentiary-limitation federal-rules-of-evidence rule-403 sixth-amendment Whether a district court's discretion to limit the Sixth Amendment right to confront witnesses is as broad as the general discretion to limit evidence…
19-1418 Zoie H. v. Nebraska Nebraska 2020-06-25 Denied Amici (1) 2nd-amendment 6th-amendment collateral-consequence constitutional-rights due-process firearm-rights jury-trial juvenile-court second-amendment sixth-amendment Whether the Second and Sixth Amendments permit a state to deprive an individual of the Second Amendment right to keep and bear arms based on the commi…
19-8803 Bennie Adams v. Ohio Ohio 2020-06-24 Denied IFP autopsy-report confrontation-clause crawford-v-washington criminal-procedure evidence-law sixth-amendment testimonial-evidence Is an autopsy report testimonial evidence that demands confrontation under Crawford v. Washington, 541 U.S. 36 (2004), and the Sixth Amendment to the …
19-8807 Cassandra Cean v. United States Second Circuit 2020-06-24 Denied Response WaivedRelisted (3)IFP circuit-split criminal-liability eighth-amendment intervening-cause mandatory-victims-restitution-act proximate-cause sixth-amendment Whether proximate causation under the MVRA must be analyzed by the use of the 'middle road approach' or the 'created circumstance approach'
19-8779 Nader Salem Elhuzayel v. United States Ninth Circuit 2020-06-22 Denied Response WaivedIFP due-process electronic-surveillance ex-parte-proceedings ex-parte-review fifth-amendment fisa in-camera-review sixth-amendment Whether the district court's in camera, ex parte review of the materials, application, and surveillance order without permitting disclosure or partici…
19-8783 Alfredo Gonzalez v. United States First Circuit 2020-06-22 Denied Response WaivedIFP 21-usc-851 dimaya-v-sessions due-process felony-drug-offense first-step-act johnson-v-united-states jury-selection plain-error-review sentencing-enhancement sixth-amendment void-for-vagueness Whether the definition of 'felony drug offense' for the purposes of 21 U.S.C. §851 is void for vagueness
19-8755 Levi West v. United States Sixth Circuit 2020-06-19 Denied Response WaivedIFP apprendi-doctrine armed-career-criminal-act constitutional-interpretation conviction-records criminal-procedure jury jury-trial sentencing sentencing-enhancement sixth-amendment Is the different-occasions requirement an element for the jury to decide, or for the sentencing judge to decide?
19-8760 Stefan Stewart v. Florida Florida 2020-06-19 Denied Response WaivedIFP conflict-of-interest criminal-procedure cross-examination due-process ineffective-assistance right-to-counsel sixth-amendment trial-court-discretion witness witness-representation When the defense attorney previously represented the state's key witness who now has conflicting interests with the defendant, does this amount to a c…
19-1396 Richard C. Stephens v. Chad F. Kenney, et al. Third Circuit 2020-06-19 Denied 14th-amendment 6th-amendment civil-rights color-of-law constitutional-rights due-process elder-abuse judicial-immunity property-theft real-property sixth-amendment Whether the United States Court of Appeals for the Third Circuit erred in affirming the Dismissal on Complaint; in violation of the Petitioner's Const…
19-1391 Larry Alan Whitely v. Sharon McCoy, Warden Tenth Circuit 2020-06-18 Denied compulsory-process due-process fourteenth-amendment right-to-present-defense sixth-amendment trial-by-jury webb-v-texas witness-coercion Whether the Compulsory Process Clause of the Sixth Amendment and the Due Process Clause of the Fourteenth Amendment were violated
19-8738 Charles Clark v. Vance Laughlin, Warden Georgia 2020-06-18 Denied IFP competent-jurisdiction constitutional-violation due-process fifth-amendment jury-trial sixth-amendment state-trial-court subject-matter-jurisdiction venue Is the Fourteenth Amendment of the United States Due Process Clause violated where the State court was without subject-matter-jurisdiction to pronounc…
19-8740 Anthony J. Williams v. Louisiana Louisiana 2020-06-18 Denied Response RequestedResponse WaivedRelisted (3)IFP constitutional-law constitutional-rights criminal-procedure due-process fourteenth-amendment jury-trial non-unanimous-verdict sixth-amendment Whether petitioner's conviction based upon a non-unanimous verdict violated the Sixth and Fourteenth Amendments to the United States Constitution?
19-8723 Shane P. Irish v. Ohio Ohio 2020-06-17 Denied IFP constitutional-rights criminal-procedure due-process incarceration indictment sixth-amendment speedy-trial waiver Whether the speedy trial guarantee of the Sixth Amendment to the U.S. Constitution applies to an accused serving a prison sentence on a prior offense?
19-8730 Westley Kennedy v. United States Eleventh Circuit 2020-06-17 Denied Response WaivedIFP 6th-amendment adversarial-process conflict-of-interest guilty-plea right-to-counsel sixth-amendment structural-error Did the denial of Westley Kennedy's right to conflict-free counsel constitute a structural error or a breakdown of the adversarial process that requir…
19-8736 Linda Renae Clark v. Washington Washington 2020-06-17 Rehearing Response WaivedRelisted (2)IFP adversarial-testing constitutional-rights criminal-procedure ineffective-assistance-of-counsel judicial-misconduct prosecutorial-evidence public-defender recusal sixth-amendment whether-a-criminal-defendant's-sixth-amendment-rights-are-violated
19-8702 Billy Edward Sedberry v. United States Fifth Circuit 2020-06-15 Denied Response WaivedIFP base-offense-level criminal-procedure drug-quantity judicial-fact-finding jury-trial methamphetamine sentencing sentencing-guidelines sixth-amendment Whether the district court procedurally erred in miscalculating Sedberry's drug quantity base offense level
19-8711 Willie Dunn v. Louisiana Louisiana 2020-06-15 Denied Response RequestedResponse WaivedRelisted (3)IFP constitutional-rights criminal-conviction criminal-procedure due-process fourteenth-amendment judicial-review jury-trial jury-unanimity sixth-amendment state-courts Whether petitioner's conviction based upon a non-unanimous verdict violated the Sixth and Fourteenth Amendments to the United States Constitution?
19-1372 Angel M. Ayala-Vazquez v. United States First Circuit 2020-06-12 Denied Response Waived 5th-amendment 6th-amendment appellate-review certificate-of-appealability due-process evidentiary-hearing fair-trial fifth-amendment judicial-proceedings perjured-testimony sixth-amendment standard-of-review supreme-court-precedent writ-of-certiorari Whether the lower courts circumvented the standard of review for issuing a certificate of appealability
19-1357 Robert Angel Perez v. Colorado Colorado 2020-06-11 Denied Amici (2) criminal-defendant criminal-procedure discovery due-process exculpatory-evidence fourteenth-amendment mental-health-records privilege sixth-amendment state-privilege Whether the Sixth and Fourteenth Amendments guarantee a criminal defendant the right to discover potentially exculpatory mental health records held by…
19-1358 Michigan v. William Larenzo Shoulders Michigan 2020-06-11 Denied Response Waived alleyne-v-us criminal-procedure criminal-sentencing indeterminate-sentencing jury-determination jury-trial michigan-law michigan-supreme-court parole parole-eligibility sentencing-guidelines sixth-amendment Whether the Sixth Amendment requires a state to impanel a jury to determine the offense-related facts which establish a criminal defendant's earliest …
19-8675 Issac Oral Chandler v. United States Fifth Circuit 2020-06-11 Denied Response WaivedIFP constitutional-challenge criminal-sentencing due-process fifth-amendment jury-trial reasonable-doubt revocation sixth-amendment statutory-interpretation supervised-release Should this Court grant review to determine whether the mandatory provision for revocation of supervised release set forth in 18 U.S.C. § 3583(g) viol…
19-8661 Justo Jonah Santos v. United States Eleventh Circuit 2020-06-10 Denied Response RequestedResponse WaivedRelisted (2)IFP confrontation-clause criminal-prosecution immigration immigration-law naturalization sixth-amendment testimonial testimonial-evidence Whether the immigration officer's handwritten notes and checkmarks on a naturalization application are 'testimonial' and subject to the Sixth Amendmen…
19-8635 Kenneth Brown v. Kentucky Kentucky 2020-06-08 Denied Response RequestedRelisted (2)IFP constitutional-rights criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel plea-bargaining plea-withdrawal sixth-amendment strickland-v-washington Should a court be allowed to deny the withdrawal of a defendant's guilty plea when it is clear the plea was not entered voluntarily and with an unders…
19-8607 Derrick Thompson v. Patrick Griffin, Superintendent, Sullivan Correctional Facility Second Circuit 2020-06-04 Denied Relisted (2)IFP confrontation-clause fair-trial forensic-analysis forensic-evidence ineffective-assistance ineffective-assistance-of-counsel right-to-fair-trial sixth-amendment speedy-trial testimonial-evidence testimonial-statements Does the Confrontation Clause permit the introduction of testimonial identification statements of a non-testifying forensic analyst?
19-1338 Briley W. Piper v. Darrin Young, Warden South Dakota 2020-06-04 Denied criminal-procedure cumulative-error ineffective-assistance ineffective-assistance-of-counsel jury-trial jury-trial-waiver plea-bargaining pre-plea-advisory prosecutorial-misconduct sixth-amendment sixth-amendment-right-to-jury-trial waiver-of-jury-sentencing waiver-of-jury-trial Whether the faulty pre-plea advising applies to both the waiver of jury trial and waiver of jury sentencing, requiring a remand to allow Piper to make…
19-8593 Damon Christopher Crim v. Ohio Ohio 2020-06-03 Denied Response WaivedIFP criminal-procedure effective-assistance-of-counsel fourteenth-amendment guilty-plea ineffective-assistance misunderstanding plea-bargain sixth-amendment When a criminal defendant misunderstands a key element of a plea bargain, is his guilty plea void?
19-8584 Christopher Raynard Kidd v. United States Fifth Circuit 2020-06-02 Denied Response WaivedIFP criminal-defense due-process evidence-review ineffective-assistance ineffective-assistance-of-counsel legal-representation legal-standards prejudice sixth-amendment strickland-v-washington trial-counsel Whether trial counsel was ineffective for failing to review all the evidence with Mr. Kidd prior to trial?
19-8589 Ramon Enrique Acosta v. United States Eleventh Circuit 2020-06-02 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-review plea-bargaining sixth-amendment trial-counsel Whether reasonable jurists could debate the district court's determination that trial counsel was not constitutionally ineffective with respect to the…
19-8577 Shane Roscoe v. Connie Horton, Warden Sixth Circuit 2020-06-01 Denied Response WaivedIFP brady-violation confrontation-right confrontation-rights due-process forfeiture-by-wrongdoing hearsay hearsay-statements ineffective-assistance prosecutorial-misconduct sixth-amendment witness-credibility Whether the Fourteenth Amendment guarantee of due process is violated when the prosecution withholds impeaching evidence
19-8544 Hubert Carter v. United States Eighth Circuit 2020-05-27 Denied Response WaivedIFP armed-career-criminal-act criminal-procedure judicial-determination jury-trial sentencing sentencing-enhancement sixth-amendment statutory-interpretation Does the judicial determination of crimes 'committed on occasions different from one another' at sentencing under the Armed Career Criminal Act, 18 U.…
19-8547 Joseph D. Blueford v. Timothy Hooper, Warden Fifth Circuit 2020-05-27 Denied IFP appellate-review due-process fair-trial harmless-error impartial-tribunal judicial-discretion jury jury-competence sixth-amendment Does a petitioner have the right to a fair-and-impartial-trial when a juror does not hear-or-understand-the-evidence
19-8514 Farid Popal v. New York New York 2020-05-21 Denied IFP confrontation-clause constitutional-rights criminal-procedure due-process post-conviction-hearing post-conviction-proceedings right-to-present-defense sixth-amendment video-testimony witness-coaching Whether two-way video testimony violates a criminal defendant's confrontation and right to present a complete defense under Sixth Amendment to the U.S…
19-8515 Michael Munday v. United States Eleventh Circuit 2020-05-21 Denied Response WaivedIFP disparate-sentencing double-jeopardy due-process fairness fifth-amendment judicial-review reasonableness sentencing sentencing-disparity sixth-amendment Whether the Eleventh Circuit Court of Appeals erred in affirming a 12-year upward departure sentence that violates due-process, double-jeopardy, reaso…
19-8516 Craig Mrazek v. Illinois Illinois 2020-05-21 Denied Relisted (2)IFP automatic-reversal brady-violation civil-rights constitutional-rights criminal-procedure due-process ineffective-assistance-of-counsel prosecutorial-misconduct reasonable-assistance sixth-amendment Whether the Court's denial of petitioner's assertion of a Brady claim, specifically per se conflict, violates the Sixth Amendment guarantee to reasona…
19-1302 David Shinn, Director, Arizona Department of Corrections v. George Russell Kayer Ninth Circuit 2020-05-20 GVR Amici (1)Relisted (9) aedpa aedpa-standard comity de-novo-review federalism habeas-corpus habeas-relief ineffective-assistance ineffective-assistance-of-counsel ninth-circuit rule-of-law sixth-amendment standard-of-review Did the Ninth Circuit violate 28 U.S.C. § 2254's deferential standard, and employ a flawed methodology this Court has repeatedly condemned, when it gr…
19-8497 Christopher Lyman v. Kansas Kansas 2020-05-19 Denied Response WaivedIFP confrontation-clause criminal-defendant due-process expert-testimony first-amendment fourteenth-amendment medical-expert religious-discrimination sixth-amendment Whether a court can deny a criminal defendant his medical expert, who's expert testimony is critical to a material fact in dispute, and base this deni…
19-8487 Jerrell Berger v. Robert Adams, Warden Eleventh Circuit 2020-05-18 Denied IFP criminal-procedure due-process ineffective-assistance-of-counsel jury-selection multiple-charges murder-charge sentencing sentencing-decision sixth-amendment trial-court Whether the petitioner's constitutional rights were violated by the trial court's denial of his motion to dismiss the charges against him
19-8470 Raymond K. Walker v. United States Eighth Circuit 2020-05-15 Denied Response WaivedIFP 6th-amendment civil-rights constitutional-right counsel-refusal court-order due-process effective-assistance-of-counsel ineffective-assistance judicial-review procedural-default right-to-counsel sixth-amendment Refusal of Price Counsel to Comply with U.S.C. 5 Continual request and Court orders to file a brief with allegations of ineffectiveness conceded the c…
19-8477 Timothy Martin Kendrick v. United States Eighth Circuit 2020-05-15 Denied Response WaivedIFP 2nd-amendment civil-rights confrontation-clause constitutional-rights criminal-procedure due-process free-speech judicial-interpretation sixth-amendment standing Whether the petitioner's proceedings below violated his constitutional rights
19-1293 Michael Ludwikowski v. United States Third Circuit 2020-05-15 Denied Response RequestedResponse WaivedRelisted (2) acquitted-conduct criminal-procedure double-jeopardy due-process fifth-amendment jury-acquittal sentencing sentencing-enhancement sixth-amendment Whether the Fifth and Sixth Amendments prohibit a federal court from increasing a criminal defendant's sentence for conduct underlying a count on whic…
19-8440 Katherine O'Neal v. United States Tenth Circuit 2020-05-12 Denied Response WaivedIFP appellate-review constitutional-error evidence-admission harmless-error jury-trial overwhelming-evidence sixth-amendment Whether a constitutional error in the admission of evidence is harmless based on the strength of the untainted proof or the error's contribution to th…
19-8429 Tariq Maqbool v. Marcus O. Hicks, Commissioner, New Jersey Department of Corrections, et al. Third Circuit 2020-05-11 Denied IFP constitutional-rights criminal-procedure dna-testing due-process fifth-amendment fourteenth-amendment ineffective-assistance miranda-rights sixth-amendment Whether the denial of Petitioner's ineffective assistance claim violated constitutional rights
19-8433 Anthony Paul John v. Florida Florida 2020-05-11 Denied Response WaivedIFP constitutional-rights due-process evidentiary-hearing fifth-amendment fourteenth-amendment habeas-corpus post-conviction-relief postconviction-relief right-to-counsel sixth-amendment Whether the courts below decided an important federal question in a way that conflicts with the relevant decisions of this Honorable Court
19-8411 Charles Burton v. United States Sixth Circuit 2020-05-06 Denied Response WaivedIFP criminal-procedure due-process federal-rules-of-criminal-procedure fifth-amendment harmless-error sixth-amendment structural-error Whether mailing a verdict to a criminal defendant through his counsel in violation of the Fifth Amendment, Sixth Amendment and Federal Criminal Rule o…
19-8388 Terrence Jamal Williams v. Sherry L. Burt, Warden Sixth Circuit 2020-05-04 Denied IFP constitutional-error courtroom-closure due-process fundamental-fairness fundamental-unfairness ineffective-assistance-counsel ineffective-assistance-of-counsel judicial-discretion sixth-amendment waiver-doctrine weaver-v-massachusetts Whether counsel's failure to object to the closure of the courtroom because he did not want to draw attention to his conduct meets the Weaver v Massac…
19-8378 Joseph Howell v. Mark Garman, Superintendent, State Correctional Institution at Rockview, et al. Third Circuit 2020-04-30 Denied IFP absolute-disparity duren-v-missouri fair-cross-section jury-pool jury-selection minority-representation presumption-of-legitimacy sixth-amendment systematic-exclusion venire-study May a court deny a fair cross-section challenge to the jury pool simply because the 'absolute disparity' is less than 10%, thereby sanctioning the com…
19-8382 Christopher Ewing, aka Alex Christopher Ewing v. Nevada Nevada 2020-04-30 Denied Response WaivedIFP criminal-procedure due-process extradition extradition-hearing fourteenth-amendment indigent-defendant right-to-counsel sixth-amendment statutory-interpretation Whether the Uniform Criminal Extradition Act's guarantee of the right to 'demand and procure counsel' requires state courts to appoint counsel for ind…
19-1256 Jennifer Mae Levin v. Florida Florida 2020-04-30 Denied Response Waived cause-of-death confrontation-clause criminal-procedure due-process dui-manslaughter expert-testimony medical-records sixth-amendment Whether the prosecution can meet its burden of proving cause of death through the testimony of a hospitalist who did not treat the alleged victim and …
19-8358 Anthony L. Meads v. Illinois Illinois 2020-04-26 Denied IFP constitutional-rights criminal-procedure due-process jurisdiction sixth-amendment speedy-trial Whether the petitioner's Sixth Amendment right to a speedy trial was violated
19-8342 Dearieus Duheart v. United States Fifth Circuit 2020-04-23 Denied Response WaivedIFP acquitted-conduct criminal-procedure double-jeopardy due-process fifth-amendment jury-trial sentencing sentencing-enhancement sixth-amendment Whether the Fifth and Sixth Amendments prohibit the use of acquitted conduct to enhance a defendant's sentence?
19-8338 Charles P. Mayeux, Jr. v. Louisiana Louisiana 2020-04-22 GVR Response RequestedResponse WaivedRelisted (2)IFP constitutional-amendments criminal-conviction criminal-procedure due-process evidence-sufficiency fifth-amendment fourteenth-amendment jackson-v-virginia jury-trial non-unanimous-verdict sixth-amendment Whether a conviction based upon a non-unanimous verdict violates the Fifth, Sixth and Fourteenth Amendments to the United States Constitution?
19-8323 William George Coodey v. Oklahoma Oklahoma 2020-04-21 Denied IFP consent criminal-procedure dna-evidence dna-testing due-process factual-innocence jackson-v-virginia rape sixth-amendment Whether DNA testing that would undermine an alleged rape victim's testimony denying consent to sexual intercourse would create sufficient uncertainty …
19-8324 James William Hornsby v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2020-04-21 Denied IFP adversarial-process brain-injury constitutional-rights criminal-procedure due-process effective-assistance-of-counsel ineffective-assistance right-to-counsel sixth-amendment strickland-v-washington Whether the district court's denial of relief and determination resulted from the incorrect interpretation of 'Assistance' under the Sixth Amendment r…
19-8297 Leif O'Connell v. Dushan Zatecky Seventh Circuit 2020-04-19 Denied Response WaivedIFP appellate-counsel appellate-procedure constitutional-rights due-process effective-assistance-of-counsel ineffective-assistance insanity-defense plea-bargaining prosecutorial-misconduct sixth-amendment Whether the Indiana courts erred in affirming the post-conviction court's decision despite the State's procedural default
19-8301 Stephen J. Mocco v. David Shinn, Director, Arizona Department of Corrections, et al. Ninth Circuit 2020-04-19 Denied Response WaivedIFP apprendi-rule apprendi-v-new-jersey brady-v-maryland brady-violation certificate-of-appealability sixth-amendment slack-standard slack-v-mcdaniel townsend-hearing townsend-v-sain Whether the standard announced in Slack v. McDaniel compels issuance of a certificate of appealability where prima facie evidence demonstrating a Sixt…
19-8271 Loren J. Larson, Jr. v. Alaska Alaska 2020-04-16 Denied Response WaivedIFP equal-protection impartial-jury juror-bias jury-trial jury-trial-right no-impeachment-rule racial-bias sixth-amendment Whether a no-impeachment rule constitutionally may bar evidence of juror bias when offered to prove a violation of the Sixth Amendment to an impartial…
19-8274 Tracy Anthony Scott v. United States Eleventh Circuit 2020-04-16 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process guilty-plea mens-rea plea-bargaining rehaif-v-united-states sixth-amendment Does the Constitution require that the accused know the elements of a crime in order to validly plead guilty?
19-8275 Robert L. Swinton v. United States Second Circuit 2020-04-16 Denied Response WaivedIFP automatic-exclusion complex-motion due-process pretrial-detention prior-conviction selective-prosecution sixth-amendment speedy-trial structural-error Was there error in the U.S. Sixth Amendment Speedy Trial and Speedy Trial Act assessment of this case?
19-8278 In Re Levar Lee Anthony Spence 2020-04-16 Denied IFP brady-violation due-process exculpatory-evidence fifth-amendment fourteenth-amendment fourth-amendment sixth-amendment spoliation spoliation-of-evidence writ-of-mandamus Whether the United States Court of Appeals for the Third Circuit properly refused review and hearing of Fourth, Fifth, Sixth and Fourteenth Amendment,…
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
19-1214 Marty Friend v. Indiana Indiana 2020-04-14 Denied Amici (1) criminal-defendants criminal-procedure discovery due-process evidence medical-records privilege privileged-records psychotherapist-patient psychotherapist-privilege sixth-amendment witness-testimony Whether, and under what circumstances, criminal defendants' Sixth Amendment and Due Process rights entitle them to obtain witnesses' privileged treatm…
19-8247 John Wilson v. Florida Florida 2020-04-13 Denied IFP competency-hearing criminal-procedure defendant-rights due-process judicial-procedure mental-competency self-representation sixth-amendment trial-court trial-court-discretion Whether the trial court was obligated to determine the mental competency of a defendant before granting him the right to represent himself at trial if…
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?
19-8213 Jesus Rodriguez v. Steven Johnson, Administrator, New Jersey State Prison, et al. Third Circuit 2020-04-08 Denied IFP collateral-review cullen-v-pinholster due-process fair-trial habeas-corpus ineffective-assistance martinez-exception martinez-v-ryan pinholster-ruling sixth-amendment Whether receiving inadequate representation at a first collateral review proceeding triggers the exception of Martinez v. Ryan
19-8220 Jorge Macli v. United States Eleventh Circuit 2020-04-08 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process effective-assistance-of-counsel plea-bargaining right-to-trial sixth-amendment trial-choice Whether the Petitioner was denied his Sixth Amendment right to effective assistance of counsel
19-8203 Rashan J. Hunt v. Ohio Ohio 2020-04-07 Denied IFP constitutional-rights cruel-and-unusual-punishment due-process ineffective-assistance-of-counsel plea-agreement repeat-offender repeat-violent-offender sentencing sixth-amendment Was petitioner's plea agreement violated, and his constitutional due process protections violated?
19-8206 Zaryl G. Bush v. Ohio Ohio 2020-04-07 Denied IFP actual-innocence constitutional-rights fifth-amendment fourteenth-amendment procedural-bar sixth-amendment Should state courts be allowed to hide behind procedural bars when the record indicates the accused was denied constitutional rights?
19-8185 Floyd Dewaine Scott v. California Ninth Circuit 2020-04-06 Denied IFP due-process eighth-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct sixth-amendment Did the California State Superior Court violate the Petitioner's Due Process, Sixth Amendment, and Eighth Amendment rights
19-8192 John Bejarano v. William Gittere, Warden, et al. Nevada 2020-04-06 Denied IFP aggravating-factors appellate-reweighing apprendi clemons-v-mississippi constitutional-rights death-penalty jury-trial reweighing sixth-amendment Whether the Nevada Supreme Court's reweighing of aggravating and mitigating factors to uphold a death sentence violates the Sixth Amendment right to a…
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 …
19-8177 Christopher Kyle Keys v. Florida Florida 2020-04-02 Denied Response WaivedIFP 14th-amendment 6th-amendment cellular-phone-data character-evidence collateral-crimes criminal-procedure due-process evidence sixth-amendment trial-court-discretion warrantless-search Does the trial court abuse its discretion, within the confines of substantive and procedural due process in the U.S. Constitution's 6th and 14th Amend…
19-8151 Michael John Alcocer Roa v. United States Eleventh Circuit 2020-04-01 Denied Response WaivedIFP constitutional-rights counsel-denial criminal-procedure critical-stage due-process interlocutory-appeal right-to-counsel sixth-amendment united-states-v-cronic Does an interlocutory appeal constitute a critical stage, and does denial of counsel during an interlocutory appeal violate the Sixth Amendment under …
19-8111 Todd James Broxmeyer v. L. Ray Ormond, Warden Fourth Circuit 2020-03-27 Denied Response WaivedIFP acquitted-conduct constitutional-protection due-process fifth-amendment preponderance-of-evidence presumption-of-innocence sentencing sentencing-enhancement sixth-amendment Is the use of the preponderance of evidence standard to enhance at sentencing deemed unconstitutional when the presumption of innocence is restored, i…
19-8125 Wendell Ray Thomas v. California California 2020-03-27 Denied Response WaivedIFP criminal-procedure due-process fifth-amendment ineffective-assistance-of-counsel post-conviction-relief right-to-a-fair-trial sixth-amendment trial-fairness Whether Defense Counsel Craig Wormley's Mental Health Issues Had An Adverse Effect & Influence on the Outcome of the Trial
19-8103 Ramiro Rubi Ibarra v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2020-03-26 Denied IFP capital-sentencing double-edged-evidence federal-judicial-review fifth-circuit habeas-corpus ineffective-assistance ineffective-counsel judicial-review sixth-amendment texas-law Whether the Fifth Circuit failed to ensure meaningful federal judicial review of a substantial Sixth Amendment claim
19-8104 Juan Gonzalez-Arias v. United States First Circuit 2020-03-26 Denied Response WaivedIFP circuit-split constitutional-rights criminal-procedure drug-trafficking fourth-amendment home-search nexus probable-cause right-to-counsel search-warrant sixth-amendment Was there sufficient evidence of probable cause to establish a nexus between Mr. Gonzalez-Arias's drug trafficking activity and his home to justify se…
19-8099 Brandon Perry Smith v. Utah Utah 2020-03-25 Denied Response WaivedIFP criminal-procedure due-process fifth-amendment heightened-clarity miranda-rights sixth-amendment state-courts suspect-comprehension waiver-standard Have the Utah courts adopted a rule of law which, in applying the 'heightened clarity' standard as expanded by Berghuis v. Thompkins, dispensed with a…
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…
19-8091 Vernon Wayne Officer v. Washington Washington 2020-03-24 Denied Response WaivedIFP abuse-of-discretion constitutional-rights criminal-defense due-process fair-trial ineffective-counsel judicial-discretion pro-se-defendant right-to-counsel sixth-amendment trial-procedure Whether the denial of the defendant's request for re-appointment of counsel during his jury trial violated his Sixth Amendment right to counsel
19-8062 Troy Anthony LeBouef v. Darrel Vannoy, Warden Fifth Circuit 2020-03-23 Denied Response RequestedResponse WaivedRelisted (2)IFP constitutional-amendments criminal-procedure due-process fifth-amendment fourteenth-amendment jury-trial jury-unanimity sixth-amendment unanimous-verdict Was LeBouef entitled to a unanimous jury verdict under the Fifth, Sixth and Fourteenth Amendments to the United States Constitution?
19-8078 Brandon L. Banks v. Illinois Illinois 2020-03-23 Denied IFP civil-rights constitutional-safeguards counsel due-process equal-protection fair-trial fifth-amendment impartial-jury sixth-amendment Whether petitioner was denied due process of law, a fair trial by an impartial jury, and equal protection of the laws
19-8081 Juan Isaac Flores v. California California 2020-03-23 Denied Response WaivedIFP benefits constitutional-rights counsel-performance effective-counsel ineffective-assistance plea-agreement sentencing sixth-amendment Was my Sixth Amendment right to effective counsel violated by Attorney Kovtun's ineffectiveness?
19-8082 Altius Willix v. United States Eleventh Circuit 2020-03-23 Denied Response WaivedIFP concurrent-sentence concurrent-sentence-doctrine criminal-procedure double-jeopardy duplicitous-indictment fifth-amendment multiplicious-charges sixth-amendment structural-error Is an indictment considered duplicitous or multiplicious when it charges 2 counts occurring out of the same sequence or events that led to one episode…
19-1159 Michael Bouchard v. United States Second Circuit 2020-03-23 Denied Response Waived 6th-amendment brady-giglio-jencks brady-violation certificate-of-appealability criminal-procedure due-process effective-assistance-of-counsel ex-post-facto false-statements false-statements-statute ineffective-assistance ineffective-assistance-of-counsel mortgage-lending retroactivity sixth-amendment Whether the 2009 amended version of 18 U.S.C. §1014 was retroactively applied in violation of the Ex Post Facto Clause
19-8051 Jack Benjamin Hessiani v. United States Ninth Circuit 2020-03-20 Denied Response WaivedIFP criminal-procedure due-process fifth-amendment grand-jury indictment indictment-defect jurisdictional-challenge mens-rea sixth-amendment Whether federal courts have jurisdiction over a criminal matter when the charging document omits an essential element of the offense
19-8022 Clarence Wayne Dixon v. David Shinn, Director, Arizona Department of Corrections, et al. Ninth Circuit 2020-03-19 Denied IFP burden-of-proof chapman-v-california deck-v-missouri due-process habeas-corpus ineffective-assistance reasonable-doubt shackling shackling-error sixth-amendment When a trial court unjustifiably orders a defendant shackled throughout trial contrary to the rule in Deck v. Missouri, is the burden on the defendant…
19-8040 Jerry Meas v. Osvaldo Vidal, Superintendent, Souza-Baranowski Correctional Center, et al. First Circuit 2020-03-19 Denied Response WaivedIFP certificate-of-appealability confrontation confrontation-clause credibility criminal-procedure cross-examination due-process evidence habeas-corpus judicial-discretion sixth-amendment sixth-amendment-confrontation witness-credibility Whether it is permissible under a criminal defendant's Sixth Amendment right of confrontation for a trial judge to curtail materially relevant cross-e…
19-8039 Jeffrey Clark v. Louisiana Louisiana 2020-03-18 Denied IFP counsel-conflict criminal-trial death-penalty due-process eighth-amendment faretta-waiver jury-trial right-to-counsel right-to-self-representation self-representation sixth-amendment Whether a defendant's waiver of counsel is not knowing, intelligent and voluntary when the defendant's only other option was to proceed to trial with …
19-8009 Hooman Ashkan Panah v. Ron Broomfield, Acting Warden Ninth Circuit 2020-03-17 Denied Amici (1)IFP civil-rights criminal-procedure death-penalty due-process evidence-review habeas-corpus ineffective-assistance-of-counsel judicial-procedure juror-contact juror-misconduct remmer sixth-amendment third-party-influence Does the Ninth Circuit's conclusion—that the state court's dismissal of this claim without a hearing was reasonable—conflict with this Court's decisio…
19-7994 David Armondo Butler v. Florida Florida 2020-03-16 Denied Response WaivedIFP adversarial-conflict Confrontation-Clause criminal-procedure Due-Process effective-assistance-of-counsel evidence-preservation Evidentiary-Issues Fourteenth-Amendment ineffective-assistance prior-acts-of-violence prosecutorial-misconduct sixth-amendment sixth-amendment-right-to-counsel strategic-decision video-footage Was court-appointed counsel's decision not to seek video footage of alleged victim's prior acts of violence a violation of the Sixth Amendment right t…
19-7954 Steven M. Leonhart v. Tim Shoop, Warden Sixth Circuit 2020-03-11 Denied IFP competent-counsel constitutional-rights counsel-performance criminal-procedure due-process effective-counsel ineffective-assistance ineffective-assistance-of-counsel plea-bargain plea-bargaining sixth-amendment strategic-benefit Is defense counsel who makes a plea bargain that fails to give his client a substantial strategic benefit acting as competent and effective counsel as…
19-7920 Iverylee Arashella Johnson v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2020-03-10 Denied IFP confrontation-clause constitutional-violation due-process fifth-amendment sixth-amendment strickland-standard strickland-v-washington unreasonable-application unsworn-testimony Was Johnson's due process and Sixth Amendment confrontation clause protections violated by allowing Powell's unsworn testimony to be presented to the …
19-7925 Ronald O'Rourke v. Jacqueline Lashbrook, Warden Seventh Circuit 2020-03-10 Denied IFP 6th-amendment confrontation-clause constitutional-rights counsel criminal-procedure due-process evidence-suppression fair-trial ineffective-assistance-of-counsel reasonable-conduct right-to-counsel sixth-amendment suppressed-evidence trial-court-discretion Whether the trial court abused discretion in denying petitioner's request for counsel
19-7932 Enrique Auch v. Massachusetts Massachusetts 2020-03-10 Denied IFP confrontation-clause criminal-procedure cross-examination evidence-law feigning memory-loss out-of-court-statements sixth-amendment testimonial-statements witness-testimony Whether the Confrontation Clause permits the prosecution to introduce out-of-court testimonial statements from a witness who is feigning memory loss a…
19-7939 Robert James Pope, Jr. v. Wisconsin Wisconsin 2020-03-10 Denied Response RequestedResponse WaivedRelisted (2)IFP appeal appellate-rights constitutional-right constitutional-rights criminal-procedure effective-assistance-of-counsel forfeiture ineffective-assistance-of-counsel presumption-of-prejudice pro-se pro-se-appeal right-to-appeal sixth-amendment trial-counsel Where trial counsel's ineffectiveness in failing to initiate an appeal results in a defendant's loss of appellate rights, can the constitutional right…
19-7946 Dirk Greineder v. Sean Medeiros, Superintendent, Massachusetts Correctional Institution at Norfolk First Circuit 2020-03-10 Denied Response WaivedIFP confrontation-clause dna-evidence dna-testing expert-testimony laboratory-analysis scientific-evidence sixth-amendment substitute-analyst substitute-analysts targeted-accusation Does the Confrontation Clause prohibit an expert prosecution witness from testifying at a jury trial to the results of DNA tests
19-7948 Omar N. Davis v. Steven Johnson, Administrator, New Jersey State Prison, et al. Third Circuit 2020-03-10 Denied Response WaivedIFP criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel plea-bargaining right-to-counsel sentencing sixth-amendment trial-counsel Whether a petitioner's due process rights were violated due to ineffective assistance of counsel
19-7830 Pablo Antonio Pantaleon-Aviles v. United States Eleventh Circuit 2020-03-09 Denied Response WaivedIFP confrontation-clause criminal-procedure deportation deportation-warrant evidence illegal-reentry immigration immigration-law sixth-amendment Whether a warrant of deportation admitted to prove an essential element of the offense of illegal reentry is subject to confrontation under the Sixth …
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 …
19-7858 Todd Darrell Ballard v. Michael Clark, Superintendent, State Correctional Institution at Albion, et al. Third Circuit 2020-03-04 Denied Response WaivedIFP 14th-amendment 6th-amendment constitutional-rights due-process fourteenth-amendment ineffective-assistance-of-counsel post-conviction-relief post-sentencing procedural-rights sixth-amendment statutory-interpretation substantive-rights waiver waiver-doctrine Whether the Act of the General Assembly [42 Pa.C.S. § 9543 and 9544] is in violation of Appellant's substantive and procedural rights; and whether sai…
19-7868 Steven B. Turner v. Mike Kemna Eighth Circuit 2020-03-04 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process fair-trial ineffective-assistance-of-counsel plea-bargaining plea-negotiations post-conviction-relief right-to-counsel sentencing sixth-amendment trial-fairness Whether Missouri's rule conflicts with Lafler v. Cooper
19-7856 Richard Kenneth Djerf v. David Shinn, Director, Arizona Department of Corrections Ninth Circuit 2020-03-03 Denied IFP circuit-split criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel pro-se-representation right-to-counsel sixth-amendment waiver-of-counsel Did the panel of the Ninth Circuit Court of Appeals contravene this Court's precedents and create a split with other circuits when it affirmed the dis…
19-7847 Lee D. Watts v. Tennessee Tennessee 2020-03-02 Denied Response WaivedIFP confession confession-suppression criminal-interrogation criminal-procedure ineffective-assistance police-interrogation police-questioning right-to-counsel sixth-amendment suppression voluntariness Whether petitioner's original trial counsel rendered ineffective assistance of counsel in violation of U.S. Const. Amn. 6
19-7819 Shamsuddin Dost v. United States Ninth Circuit 2020-02-28 Denied Response WaivedIFP anonymous-testimony confrontation-clause constitutional-rights criminal-procedure criminal-trial due-process fair-trial sixth-amendment undercover-agents Is it a violation of the Sixth Amendment to allow undercover agents to testify anonymously during a criminal trial?
19-7823 Seth A. Weaver v. Illinois Illinois 2020-02-28 Denied Response WaivedIFP 5th-amendment 6th-amendment conviction due-process guilty-plea illinois-law ineffective-assistance ineffective-assistance-of-counsel plea-bargaining post-conviction-petition sixth-amendment unknowing-and-involuntary-plea Does Illinois ignorance-of-the-law theory deny successive-post-conviction-petitioners relief-from-constitutionally-unsound-guilty-pleas?
19-1065 Teresa Ann Johnson v. Alaska Alaska 2020-02-28 Denied Response RequestedResponse WaivedRelisted (2) confrontation-clause criminal-procedure expert-testimony forensic-evidence lab-report sixth-amendment surrogate-expert testimonial-evidence Whether the Confrontation Clause prohibits the prosecution from introducing into evidence at trial a certified lab report reflecting statements of non…
19-1071 Gerald Claude Carlson v. United States Ninth Circuit 2020-02-28 Denied Response Waived circuit-split counsel-of-choice criminal-procedure delay due-process inconvenience judicial-discretion motion-to-terminate right-to-counsel sixth-amendment standard-of-review supervisory-powers Whether the Carlson Court's Memorandum Opinion conflicts with other Ninth Circuit opinions
19-7794 Jeremy Shane Fogleman v. Mississippi Mississippi 2020-02-27 Denied Amici (1)Response RequestedResponse WaivedRelisted (2)IFP burden-of-proof civil-rights constitutional-rights criminal-procedure due-process fourteenth-amendment sentencing sentencing-enhancement sixth-amendment Does the Supreme Court of the State of Mississippi's 5-4 decision violate the petitioner's rights under the Sixth and Fourteenth Amendments of the Uni…
19-7795 Robert Alan Foster v. Willis Chapman, Warden Sixth Circuit 2020-02-27 Denied Response WaivedIFP civil-rights discovery-violation due-process equal-protection fair-trial first-amendment free-speech ineffective-assistance jury-instruction prosecutorial-misconduct racial-discrimination school-desegregation sixth-amendment standing voting-rights Whether the lower court erred in dismissing petitioner's claims for violation of the First Amendment and the Equal Protection Clause
19-7802 Fernando Ramirez Noria v. United States Fifth Circuit 2020-02-27 Denied Response WaivedIFP alienage confrontation-clause crawford-precedent crawford-v-washington essential-element federal-rules-of-evidence Hearsay non-testifying-agents sixth-amendment Did the admission of the non-testifying agents' reports of their interviews of the defendant to prove alienage, an essential element of the offense, v…
19-7773 James Curtis Denton v. United States Fourth Circuit 2020-02-26 Denied Response WaivedIFP affidavits business-records confrontation-clause criminal-procedure due-process evidence evidence-admission hearsay-exception sixth-amendment Whether the introduction of unconfronted affidavits establishing the foundation for admission of business records violates the Confrontation Clause of…
19-7791 Jermaine Michael Jackson v. Pennsylvania Pennsylvania 2020-02-26 Denied Response WaivedIFP alibi-defense civil-rights constitutional-rights criminal-procedure due-process fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel presumption-of-prejudice right-to-counsel sixth-amendment Was trial counsel's abandonment of a readily available alibi defense a violation of petitioner's Sixth Amendment right?
19-1060 Victor Thomas v. New York New York 2020-02-26 Denied Amici (2)Response Waived appeal appellate-jurisdiction criminal-defendant criminal-procedure garza-v-idaho jurisdiction right-to-counsel sixth-amendment supreme-court-precedent waiver waiver-of-appeal Whether a provision in a waiver of appeal that forbids a criminal defendant from filing a notice of appeal, and in so doing also strips superior court…
19-7761 Jose Osvaldo Arteaga v. Ken Clark, Warden Ninth Circuit 2020-02-25 Denied Response WaivedIFP alibi-defense certificate-of-appealability constitutional-rights fourteenth-amendment habeas habeas-corpus ineffective-assistance ineffective-assistance-of-counsel misidentification sixth-amendment Did the Ninth Circuit's order denying a COA violate this Court's mandate that a circuit court must issue a COA if a habeas petition makes 'a substanti…
19-7743 Robert Paul Langley, Jr. v. Oregon Oregon 2020-02-24 Denied IFP appointment-of-counsel attorney criminal-procedure marion-county-circuit-court oregon-supreme-court state-court-procedure breakdown-in-communication criminal-procedure effective-assistance-of-counsel indigent-defendant right-to-counsel sixth-amendment Whether the Sixth Amendment right to effective assistance of counsel requires a court to appoint new counsel when a defendant demonstrates a complete …
19-7747 Christopher Robert Sueiro v. United States Fourth Circuit 2020-02-24 Denied Response WaivedIFP 28-usc-1291 appellate-jurisdiction collateral-order-doctrine criminal-procedure due-process final-judgment interlocutory-appeal self-representation sixth-amendment Whether, under 28 U.S.C. § 1291 and the collateral order doctrine, a criminal defendant may appeal an interlocutory order denying the defendant's requ…
19-1045 Raminder Kaur v. Maryland Maryland 2020-02-24 Denied Response RequestedResponse WaivedRelisted (3) attorney-client-privilege constitutional-rights criminal-defendant criminal-procedure defense-counsel privileged-communications prosecutorial-misconduct sixth-amendment sixth-amendment-right-to-counsel work-product work-product-doctrine Whether the Sixth Amendment prohibits trial of a criminal defendant by prosecutors with extensive knowledge of both her privileged communications with…
19-1052 Andre G. Dewberry v. United States Eighth Circuit 2020-02-24 Denied appeal appellate-review criminal-procedure guilty-plea self-representation sixth-amendment waiver Whether a guilty plea waives a challenge on appeal to the denial of a defendant's Sixth Amendment right to represent himself
19-7734 Andre Dennis v. Steven Johnson, Administrator, New Jersey State Prison, et al. Third Circuit 2020-02-21 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process fifth-amendment ineffective-assistance ineffective-assistance-of-counsel interrogation miranda-rights sixth-amendment suppression-of-evidence Did counsel render ineffective assistance by failing to seek suppression of Mr. Dennis' statements to police because he was not re-Mirandized followin…
19-7723 James William Brammer v. Raymond Madden, Warden Ninth Circuit 2020-02-20 Denied Response WaivedIFP certiorari circuit-split criminal-procedure critical-stage motion-for-new-trial new-trial right-to-counsel sixth-amendment writ-of-certiorari Does the Sixth Amendment's right to counsel include appointment of counsel for prosecution of motion for a new trial?
19-7725 William Desmond Conrad v. United States Eighth Circuit 2020-02-20 Denied Response WaivedIFP aedpa alleyne assistance-of-counsel attorney-negligence constitutional-rights constitutional-violation descamps habeas-corpus ineffective-assistance precedent pro-se pro-se-rights sixth-amendment Is 'the neglect or negligence committed by an Attorney a violation of the Constitution's Sixth Amendment's requirement of assistance of counsel ?
19-7712 Luis Ray Jaramillo, Jr. v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2020-02-20 Denied IFP appeal appellate-counsel competence due-process ineffective-assistance ineffective-assistance-of-counsel plea-bargain probation probation-revocation prosecutorial-misconduct sixth-amendment trial-counsel Where Petitioner's counsel did not pursue his wishes to file an appeal, was he denied effective assistance of counsel?
19-7668 Darlene Kay Herran v. Indiana Indiana 2020-02-14 Denied IFP 6th-amendment 6th-amendment-rights appellate-procedure civil-procedure due-process home-detention indigent-client indigent-rights pro-bono-counsel sixth-amendment standing transcript-costs Did the Indiana Court of Appeals err by ruling that when a trial court states that pro-bono counsel may be charged for costs of a transcript for an in…
19-7674 Kyle K. Clark v. Kevin Lindsay, Warden Sixth Circuit 2020-02-14 Denied Response RequestedResponse WaivedRelisted (2)IFP competency-hearing criminal-procedure criminal-responsibility cronic-standard right-to-counsel sixth-amendment state-action united-states-v-cronic Did the Sixth Circuit depart from this Court's prior decisions and create a conflict with its own precedent and a split with other circuits requiring …
19-7680 Samuel Howard v. Nevada Nevada 2020-02-14 Denied IFP appellate-review capital-punishment constitutional-law criminal-procedure death-penalty death-penalty-sentencing due-process hurst-v-florida judicial-precedent retroactivity sentencing sentencing-procedure sixth-amendment Whether appellate reweighing is constitutional after Hurst v. Florida, 136 S. Ct. 616 (2016)
19-7625 Robert L. Swinton, Jr. v. Florida Florida 2020-02-12 Rehearing Response WaivedRelisted (2)IFP appeal constitutional-rights criminal-procedure criminal-procedure-appeal due-process ineffective-assistance-of-counsel right-to-counsel sentencing sentencing-errors sentencing-guidelines sixth-amendment structural-error Whether sentencing errors were corrected by appeals court on direct appeal without defense counsel, and whether there was a constitutional denial of c…
19-7649 Socorro Susan Caro v. California California 2020-02-12 Denied IFP aggravating-circumstances constitutional-rights criminal-sentencing death-penalty due-process fifth-amendment fourteenth-amendment jury-beyond-reasonable-doubt jury-finding jury-trial mitigating-circumstances reasonable-doubt sentencing sixth-amendment Does California's death penalty scheme violate the requirement under the Fifth, Sixth, and Fourteenth Amendments that every fact, other than a prior c…
19-7651 Craig Keyon White v. Robert Fox, Warden Ninth Circuit 2020-02-12 Denied Response WaivedIFP constitutional-rights criminal-procedure criminal-trial due-process eyewitness-identification ineffective-assistance ineffective-assistance-of-counsel right-to-counsel sixth-amendment Whether the unduly suggestive pretrial identification procedure and resulting unreliable identifications admitted against White at his criminal trial …
19-7636 Gerald W. Eiland v. United States District of Columbia 2020-02-11 Denied Response WaivedIFP 6th-amendment auto-shop-business certificate-of-appealability effective-assistance-counsel expert-testimony franks-challenge ineffective-assistance-of-counsel informant pen-register section-2255 sixth-amendment wiretap-challenge wiretaps Did the district court abuse its discretion in denying Eiland's motion Pursuant to 28 USC Section 2255 without a hearing?
19-7638 Rodrigo Cruz Perez v. United States Fourth Circuit 2020-02-11 Denied Response WaivedIFP acceptance-of-responsibility circuit-split constitutional-rights criminal-procedure criminal-sentencing fifth-amendment sentencing-guidelines sixth-amendment split-among-circuits Can a court count a defendant's constitutionally-protected-conduct against the defendant when determining whether the defendant qualifies for a 2-poin…
19-7611 D'Marlo Levonne Faulk Johnson v. North Carolina North Carolina 2020-02-10 Denied IFP 6th-amendment appeal-process appellate-process constitutional-rights criminal-procedure due-process effective-assistance-of-counsel ineffective-assistance ineffective-assistance-of-counsel notice-of-appeal post-conviction right-to-counsel sixth-amendment Whether the 6th Amendment right to counsel extends to the appellate process and requires the effective assistance of counsel when petitioner's attorne…
19-7621 Allanah Benton v. Shawn Brewer, Warden Sixth Circuit 2020-02-10 Denied Response RequestedResponse WaivedRelisted (2)IFP appellate-counsel appellate-procedure constitutional-law constitutional-rights criminal-procedure due-process effective-assistance effective-assistance-of-counsel ineffective-assistance-of-counsel right-to-counsel sixth-amendment trial-counsel Did the state and federal courts violate Ms. Benton's right to effective assistance of trial and appellate counsels in violation of U.S. Constitutiona…
19-7590 David K. Howell v. Shawn Hatton, Warden Ninth Circuit 2020-02-07 Denied Response WaivedIFP certificate-of-appealability closing-argument criminal-procedure due-process expert-testimony habeas habeas-corpus ineffective-assistance-of-counsel intoxication methamphetamine methamphetamine-intoxication sixth-amendment Is the Ninth Circuit's denial of a COA on Howell's ineffective-assistance-of-counsel claim contrary to this Court's jurisprudence?
19-992 Greg Skipper, Warden v. Curtis Jerome Byrd Sixth Circuit 2020-02-07 Denied Amici (1) constitutional-rights criminal-procedure effective-assistance-of-counsel fair-trial hypothetical-plea-offer lafler-v-cooper plea-bargaining sixth-amendment trial-rights Does the Sixth Amendment right to effective assistance of counsel include the right to a plea offer that was never made?
19-981 Todd A. English v. Sonny Perdue, Secretary of Agriculture Fifth Circuit 2020-02-05 Denied Response Waived adea civil-procedure civil-rights constitutional-rights due-process sixth-amendment standing title-vii Plausible-cause-for-relief
19-7551 Donald Arthur Herrington v. Virginia Virginia 2020-02-05 Denied Response WaivedIFP 1st-Amendment case-management case-management-system civil-rights collateral-estoppel constitutional-rights due-process first-amendment fourteenth-amendment free-speech public-trial separation-of-powers sixth-amendment Was Petitioner's conviction a result of a procedure that violates 1st-Amendment, civil-rights, free-speech, public-trial, due-process
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
19-7526 Gregorio Segura-Resendiz v. United States Fifth Circuit 2020-02-03 Denied Response WaivedIFP case-law constitutional-law court-of-appeals criminal-law criminal-procedure due-process judicial-review legal-precedent overrule precedent sentencing sixth-amendment supreme-court supreme-court-review writ-of-certiorari Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)?
19-7530 Orando Ricardo Thompson v. Florida Florida 2020-02-03 Denied Response WaivedIFP due-process fairness fundamental-unfairness ineffective-assistance ineffective-assistance-of-counsel legal-precedent outcome prejudice sixth-amendment strickland-standard strickland-v-washington trial-review Whether Strickland v. Washington, 466 U.S. 668 (1984), and its progeny adequately allows consideration of the fundamental unfairness of a trial absent…
19-967 Craig M. Wood v. Missouri Missouri 2020-02-03 Denied Relisted (2) capital-punishment capital-sentencing constitutional-rights death-penalty due-process eighth-amendment jury-determination jury-trial sentencing sixth-amendment Whether the Constitution requires that a jury, rather than a judge, weigh the aggravating and mitigating circumstances to determine whether a defendan…
19-7500 William Sim Spencer v. Michigan Michigan 2020-01-31 Denied IFP constitutional-protections criminal-procedure due-process finality-rule fourteenth-amendment ineffective-assistance-of-counsel sex-offender-registration sixth-amendment Does the omission of an exception to the finality rule in Michigan's sex offender registration act allow the prosecution to build its case against cri…
19-952 Michael David Goodwin v. United States Fifth Circuit 2020-01-30 Denied Response Waived attorney-client-relationship change-of-plea criminal-defendant criminal-procedure ineffective-assistance local-counsel right-to-counsel sixth-amendment Whether an attorney's presence as local counsel, for a criminal defendant's re-arraignment and change of plea, yet having no attorney-client relations…
19-948 Gene Rechtzigel v. Minnesota Minnesota 2020-01-29 Denied civil-rights due-process eighth-amendment fifth-amendment first-amendment fourth-amendment government-action petition-clause sixth-amendment standing Did the Government deprive Petitioner the First Amendment Right to petition the Government for a redress of grievances?
19-7473 Milon Jarr Brown v. Michigan Michigan 2020-01-29 Denied IFP civil-rights confrontation-clause constitutional-rights discretion due-process expert-testimony fifth-amendment hearsay judicial-bias photographic-evidence prosecutorial-misconduct self-incrimination sixth-amendment Was the petitioner denied a meaningful opportunity to present a complete defense?
19-7480 David Paul Lynch v. United States Eleventh Circuit 2020-01-29 Denied Response WaivedIFP appellate-review constitutional-error eleventh-circuit harmless-error hearsay hearsay-statements jury-trial precedent sixth-amendment weight-of-evidence Did the Eleventh Circuit violate this Court's precedent on harmless error
19-7487 Jonathan Blades v. United States District of Columbia 2020-01-29 Denied Amici (3)IFP courtroom-access courtroom-proceedings due-process fair-trial public-trial right-to-public-trial sixth-amendment standing trial-transparency voir-dire white-noise Does barring members of the public from hearing trial proceedings, without any special justification or findings, violate the right to a public trial …
19-7488 Donnie Cleveland Lance v. Benjamin Ford, Warden Georgia 2020-01-29 Denied IFP capital-punishment constitutional-rights criminal-procedure death-penalty due-process equal-protection fourteenth-amendment grand-jury grand-jury-selection habeas-corpus ineffective-assistance-of-counsel prosecutorial-misconduct sixth-amendment Was petitioner denied his rights under the Sixth, Eighth, and Fourteenth Amendments when he was sentenced to death following his indictment by a non-r…
19-7426 Joseph Njonge v. Margaret Gilbert, Superintendent Ninth Circuit 2020-01-28 Denied Response RequestedResponse WaivedRelisted (2)IFP courtroom-closure prejudice public-trial public-trial-right sixth-amendment trial-procedure triviality-exception voir-dire waller-v-georgia Whether the 'triviality exception' to the Sixth Amendment public-trial right comports with Waller v. Georgia
19-7428 Timothy O'Laughlin v. United States Eighth Circuit 2020-01-28 Denied Response WaivedIFP bureau-of-prisons civil-commitment civil-rights civil-rights-deprivation due-process personal-liberty pro-se pro-se-litigation pro-se-petition sixth-amendment standing standing-to-file Whether 18 U.S.C. § 4247(h) unconstitutionally deprives individuals of the right to litigate their personal liberty interests pro se
19-7429 Louis Mitchell, Jr. v. California California 2020-01-28 Denied IFP 14th-amendment 5th-amendment 6th-amendment aggravating-circumstances aggravating-mitigating-circumstances constitutional-rights death-penalty fifth-amendment fourteenth-amendment jury-beyond-reasonable-doubt jury-determination jury-trial mitigating-circumstances reasonable-doubt sixth-amendment Does the mandatory weighing of aggravating and mitigating circumstances under the California death penalty statute—a factfinding determination that se…
19-7457 Rogelio Villarreal-Estebis v. United States Fifth Circuit 2020-01-28 Denied Response WaivedIFP complete-defense criminal-conviction criminal-procedure drug-trafficking evidence-exclusion federal-rule-of-evidence-403 right-to-defense rule-403 sixth-amendment sixth-amendment-rights vehicle-ownership Whether the Fifth Circuit's decision to affirm the trial court's refusal to admit the evidence was contrary to, or involved an unreasonable applicatio…
19-7435 In Re Robert N. Brooks 2020-01-27 Denied Response WaivedIFP due-process due-process-clause fdic-insured fifth-amendment grand-jury grand-jury-clause indictment indictment-clause notice-clause sixth-amendment subject-matter-jurisdiction whether-a-manifest-miscarriage-of-justice-occurred
19-7442 Andrew Lee Williams v. Texas Texas 2020-01-27 Denied IFP confrontation confrontation-clause constitutional-vagueness criminal-procedure criminal-procedure-article-38.41 due-process fair-trial fourteenth-amendment indefiniteness sixth-amendment vagueness Whether the Texas Court of Criminal Appeals' recent holdings regarding the construction and application of Texas Code of Criminal Procedure Article 38…
19-7396 Julio Mario Haro-Verdugo v. United States Ninth Circuit 2020-01-24 Denied Response WaivedIFP cronic due-process fifth-amendment sixth-amendment strickland conflict-of-interest criminal-procedure due-process federal-law fifth-amendment habeas habeas-corpus ineffective-assistance sixth-amendment strickland-standard Whether the District Court and the U.S. Court of Appeals for the Ninth Circuit's rejection of Petitioner's ineffective-assistance-of-counsel claim(s) …
19-7407 Paula Bennett v. Shawn Brewer, Warden Sixth Circuit 2020-01-24 Denied Response WaivedIFP closeness-of-case constitutional-deficiency criminal-procedure-ineffective-assistance-of-couns cumulative-errors cumulative-prejudice ineffective-assistance prejudice prejudice-analysis reasonable-likelihood sixth-amendment strickland strickland-standard strickland-v-washington sufficiency-of-evidence sufficiency-of-the-evidence trial-counsel Whether a court may conduct a prejudice analysis that focuses solely on the sufficiency of the evidence presented, or must instead consider the closen…
19-7416 James P. Griffin v. United States Second Circuit 2020-01-24 Denied Response WaivedIFP abuse-of-discretion calculation-error civil-procedure continuance criminal-procedure due-process fifth-amendment financial-penalties forfeiture medical-hardship medical-issues restitution restitution-calculation sentencing sixth-amendment trial-continuance trial-court trial-court-discretion Whether the amount of restitution and forfeiture w Whether the trial court abused its discretion in denying a continuance due to medical problems
19-7417 Corey Michael Edwards v. United States Fourth Circuit 2020-01-24 Denied Response WaivedIFP armed-career-criminal-act breaking-and-entering constitutional-challenge criminal-history effective-counsel predicate-offense predicate-offenses prior-convictions sentencing-enhancement sixth-amendment statutory-interpretation Can a conviction in North Carolina state court involving the breaking and entering of outbuildings (storage sheds) that were visibly and actually padl…
19-7390 Marshall Henry Ellis v. Oklahoma Oklahoma 2020-01-23 Denied IFP constitutional-rights criminal-procedure due-process evidence exculpatory-material fifth-amendment lesser-included-offense newly-discovered-evidence procedural-bar sentencing sixth-amendment Is a defendant serving Life for Murder I entitled to newly discovered exculpatory material when that material would make it more likely that the defen…
19-7355 Herman L. Gaines v. Steven Johnson, Administrator, New Jersey State Prison, et al. Third Circuit 2020-01-22 Denied IFP civil-rights constitutional-rights criminal-procedure due-process exculpatory-evidence habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-collusion judicial-misconduct post-conviction-relief sixth-amendment strickland-v-washington Was the petitioner denied due process and effective assistance of counsel?
19-7367 Adalberto Magana-Gonzalez v. United States Ninth Circuit 2020-01-22 Denied Response WaivedIFP border-patrol confrontation-clause drug-smuggling expert-testimony hearsay prejudicial-error sixth-amendment witness-testimony Whether the district court committed prejudicial error under the Sixth Amendment when it permitted a DEA agent to tell the jury what a Border Patrol a…
19-7375 Joaquin Mario Valencia-Trujillo v. United States Eleventh Circuit 2020-01-22 Denied Response WaivedIFP circuit-split criminal-procedure ineffective-assistance-of-counsel sixth-amendment strickland-v-washington circuit-split constitutional-law contemporary-assessment criminal-defense ineffective-assistance ineffective-assistance-of-counsel legal-foreseeability sixth-amendment strickland-standard strickland-v-washington Whether Strickland's test for ineffective assistance of counsel incorporates an unsettled/foreshadowed exception
19-7376 Alice C. Trappler v. New York New York 2020-01-22 Denied Response WaivedIFP burden-of-proof confrontation-clause conspiracy criminal-defendant criminal-procedure due-process forfeiture hearsay hearsay-exception legal-insufficiency sixth-amendment waiver Whether the automatic waiver and permanent forfeiture of legal insufficiency claims due to trial counsel's failure to move to dismiss on those grounds…
19-7379 Lee Samuel Capers v. California California 2020-01-22 Denied IFP constitutional-requirement criminal-procedure criminal-sentencing death-penalty due-process fifth-amendment fourteenth-amendment jury-beyond-reasonable-doubt jury-finding jury-trial reasonable-doubt sentencing sixth-amendment statutory-maximum Whether California's death penalty scheme violates the requirement under the Fifth, Sixth and Fourteenth Amendments that every fact other than a prior…
19-7336 Francisco Pena, Jr. v. United States Fifth Circuit 2020-01-17 Denied Response WaivedIFP criminal-procedure due-process federal-courts federal-judge fifth-amendment judicial-discretion preponderance-of-evidence preponderance-of-the-evidence sentencing sixth-amendment uncharged-conduct Do the Fifth and Sixth Amendments prohibit a federal judge from imposing a sentence, based on a defendant's uncharged conduct found by the judge by a …
19-7303 Michael W. Smith v. Illinois Illinois 2020-01-16 Denied IFP civil-commitment civil-rights constitutional-rights due-process effective-assistance-of-counsel ineffective-assistance-of-counsel mental-competency plea-agreement plea-bargaining sexually-violent-person sixth-amendment Does the Petitioner have a legal right to be admonished about indefinite involuntary civil commitment before accepting a plea agreement?
19-7316 Shawn R. Bough v. Kenneth D. Hutchison, Warden Sixth Circuit 2020-01-16 Denied Response WaivedIFP actual-innocence corroborating-evidence due-process gateway-evidence precedent reasonable-juror self-preservation sixth-amendment timeliness Does the Sixth Circuit's failure to analyze the claim in consideration of the overwhelming corroborating innocence proof in Mr. Bough's case, in conju…
19-7324 Lonnie Greer, Jr. v. United States Sixth Circuit 2020-01-16 Denied Response WaivedIFP armed-career-criminal-act categorical-approach criminal-procedure different-occasions generic-burglary recklessness sentencing sentencing-enhancement sentencing-judge sixth-amendment sixth-circuit sixth-circuit-precedent statutory-interpretation Whether Tennessee aggravated burglary qualifies as 'generic burglary' under the Armed Career Criminal Act
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
19-874 William Alan Pesnell, et al. v. Jill Sessions, et al. Louisiana 2020-01-15 Denied Response RequestedResponse WaivedRelisted (2) constitutional-access criminal-procedure due-process fifth-amendment first-amendment fourteenth-amendment fundamental-rights public-access public-records sixth-amendment trial-recording Whether La. R.S. 44:4(47) and the local rule of the 26 Judicial District Court in and for Bossier Parish can bar public access to the digital recordin…
19-877 Asmerom Gebreselassie v. Scott Frauenheim, Warden Ninth Circuit 2020-01-15 Denied Response Waived 5th-amendment 6th-amendment certificate-of-appealability counsel-of-choice due-process fifth-amendment right-to-counsel right-to-present-evidence self-representation sixth-amendment Did the Ninth Circuit Court of Appeals err in failing to grant a certificate of appealability on fundamental Fifth and Sixth Amendment violations?
19-7272 Kenyatta Quinn Mitchell v. Ralph Diaz, Secretary, California Department of Corrections and Rehabilitation, et al. Ninth Circuit 2020-01-15 Denied Response WaivedIFP 6th-amendment compulsory-process constitutional-law constitutional-rights criminal-conviction criminal-procedure due-process evidentiary-hearing fair-trial reasonable-doubt sixth-amendment trial-fairness Whether the petitioner received constitutionally effective assistance of counsel at trial
19-7277 Dora Moreira v. United States Eleventh Circuit 2020-01-15 Denied Response WaivedIFP certificate-of-appealability due-process eighth-amendment excessive-fine ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct question-not-identified section-2255 sixth-amendment Whether the Court of Appeals created an irreconcilable conflict with precedential decisions by denying a certificate of appealability on a motion to v…
19-7287 Joey Banks v. Darrel Vannoy, Warden Fifth Circuit 2020-01-15 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process fourteenth-amendment ineffective-assistance-of-counsel right-to-counsel sixth-amendment trial-procedure Whether Banks was denied his constitutional right to the effective assistance of counsel
19-7290 Tamarkqua Garland v. New York New York 2020-01-15 Denied Response WaivedIFP civil-rights coerced-confession constitutional-rights criminal-procedure due-process fifth-amendment ineffective-assistance-of-counsel ineffective-counsel prosecutorial-misconduct sixth-amendment speedy-trial Defendant's speedy trial rights violated
19-7299 John Joseph Barrera v. Noah Nagy, Warden Sixth Circuit 2020-01-15 Denied Response WaivedIFP criminal-procedure due-process false-information fourteenth-amendment habeas habeas-corpus sentencing sentencing-accuracy sixth-amendment townsend-v-burke Where a state criminal defendant has been sentenced on the basis of inaccurate/false information used by the sentencer to increase his punishment, fol…
19-7268 Acharayya Rupak v. United States Ninth Circuit 2020-01-14 Denied Response WaivedRelisted (2)IFP continuance criminal-procedure due-process plain-error-review plea-bargaining retained-counsel right-to-counsel sentencing sixth-amendment standard-of-review Whether the district court erred in denying the defendant's request to substitute retained counsel
19-7275 Cecil Boyett v. New Mexico New Mexico 2020-01-14 Denied Response WaivedRelisted (2)IFP constitutional-rights criminal-procedure defense-rights discovery-rules due-process exculpatory-evidence expert-witness fourteenth-amendment habeas-corpus judicial-discretion prosecutorial-misconduct sixth-amendment state-court state-prosecution Whether petitioner Boyett's constitutional rights were violated by the Thirteenth Judicial District Court of New Mexico under the Due Process Clause o…
19-7254 John Garrett Smith v. Washington Washington 2020-01-13 Dismissed IFP criminal-procedure due-process fifth-amendment grand-jury indictment jury-trial martial-law military-justice sixth-amendment Whether the absence of a grand jury indictment violates due process and the right to a jury trial under the Fifth and Sixth Amendments
19-7259 John Afriyie v. United States Second Circuit 2020-01-13 Denied Response WaivedIFP apprendi-rule apprendi-v-new-jersey criminal-forfeiture due-process insider-trading jury-trial libretti-v-united-states sixth-amendment Whether the court of appeals erred in affirming a criminal forfeiture judgment encompassing all potential trades despite a general jury verdict and th…
19-7265 Joseph Totoro, II v. United States Third Circuit 2020-01-13 Denied Response WaivedIFP criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining rule-11 scienter scienter-requirement sixth-amendment sixth-amendment-access-to-courts speedy-trial Did the Court, the United States Attorney, and the former attorneys violate DOJ policy and Due Process
19-7242 Bryan Whitehead v. United States Eleventh Circuit 2020-01-10 Denied Response WaivedIFP 18-usc-924c 5th-amendment conviction conviction-and-sentence crime-of-violence due-process fifth-amendment jury-determination residual-clause sentence sixth-amendment statutory-interpretation united-states-v-davis Whether the Petitioner was denied his Fifth Amendment right to due process of law by virtue of his conviction and sentence under the residual clause o…
19-7243 Joshua Wolf v. Cindy Griffith, Warden Eighth Circuit 2020-01-10 Denied Response WaivedIFP certificate-of-appealability constitutional-rights criminal-procedure eighth-amendment equal-protection fourteenth-amendment juvenile-offenders mandatory-life-without-parole mandatory-sentencing resentencing sentencing-procedures sixth-amendment Whether Missouri's decision to order resentencing for juvenile homicide offenders with mandatory 50-year sentences but not for Joshua, a juvenile homi…
19-7245 Darren Lavald Bowie v. United States Fifth Circuit 2020-01-10 Denied Response WaivedIFP collateral-relief constitutional-waiver habeas-corpus ineffective-assistance plea-agreement sixth-amendment unknowing-waiver waiver Does a Plea Agreement which waives challenges to collateral relief forbid challenges to ineffective assistance in proceedings following the entry of t…
19-7246 Keith Harris v. United States Third Circuit 2020-01-10 Denied Response WaivedIFP confrontation-clause crawford-rule crawford-v-washington cross-examination hearsay informants law-enforcement-testimony lay-opinion-testimony right-to-counsel sixth-amendment witness-testimony Whether the admission of law enforcement testimony that goes to whether a defendant was a participant in a conspiracy based on information provided by…
19-7232 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
19-7236 John Joseph DeBlase v. Alabama Alabama 2020-01-09 Denied IFP capital-case codefendant confrontation-clause constitutional-rights due-process jury-unanimity sixth-amendment waiver Do the Sixth Amendment and the Due Process Clause permit, in a capital case, the admission of statements of a nontestifying codefendant, acknowledged …
19-7208 Gbenga Benson Ogundele v. United States Fourth Circuit 2020-01-08 Denied Response WaivedIFP chapman-standard confrontation-clause due-process evidence fair-trial federal-rule-of-evidence federal-rules-of-evidence government-evidence sixth-amendment Whether voluminous amounts of substantive evidence containing prejudicial opinions of government agents held to be erroneously admitted under Federal …
19-7215 Jerry Jabbari Rhodes v. United States Fourth Circuit 2020-01-08 Denied IFP acquittal constitutional-rights criminal-procedure double-jeopardy due-process judicial-sentencing jury-trial sentencing sixth-amendment watts-decision Is it reasonable and constitutional to sentence a defendant on facts for which a jury found the same defendant not guilty?
19-7216 Daniel A. Ramet v. Robert LeGrande, Warden, et al. Ninth Circuit 2020-01-08 Denied Response WaivedIFP criminal-defense criminal-procedure habeas-corpus ineffective-assistance ineffective-assistance-of-counsel lafler-v-cooper legal-malpractice plea-bargaining sixth-amendment strickland-v-washington If a defense attorney advises a client to reject a favorable plea offer based on a grave miscalculation about the viability of a legal defense, has th…
19-7218 Oscar Amezcua Cabrera v. California California 2020-01-08 Denied Response WaivedIFP constitutional-principles crawford-precedent crawford-v-washington due-process dying-declaration-exception fifth-amendment fourteenth-amendment hearsay hearsay-exception hearsay-rule prosecutorial-misconduct sixth-amendment testimonial-hearsay whether-dying-declaration-exception-overrides-crawford-v-washington
19-7190 Ernesto Benavides Jr. v. Texas Texas 2020-01-07 Denied IFP appeal collateral-review criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel pretrial-motion right-to-appeal sixth-amendment suppression-of-evidence Has Petitioner been denied the right to a meaningful appeal of his motion to suppress evidence under Jackson v. Denno, 378 U.S. 368 (1964), that occur…
19-7194 Juan Carlos Vazquez v. South Carolina South Carolina 2020-01-07 Denied Response WaivedIFP constitutional-rights due-process fourteenth-amendment guilty-plea language-barrier sixth-amendment voluntary-plea Does the evidence in the record that petitioner does not understand English plainly show that any admission at the guilty plea hearing could not relia…
19-7175 Curry Robinson v. Barry Smith, Superintendent, State Correctional Institution at Houtzdale, et al. Third Circuit 2020-01-06 Denied Response WaivedIFP 14th-amendment 6th-amendment alibi alibi-claim federal-review fourteenth-amendment ineffective-assistance procedural-bar sixth-amendment Whether the federal question of ineffective assistance of trial counsel as the preserved claim of an alibi was vague and/or unexhausted thereby proced…
19-7178 Tracy Jarvis Allen v. United States Fourth Circuit 2020-01-06 Denied Response WaivedIFP armed-career-criminal-act armed-robbery fourth-circuit fourth-circuit-precedent johnson-claim johnson-v-united-states robbery sentencing-enhancement sixth-amendment south-carolina standard-of-review Whether the District Court erred in determining that Petitioner Allen's South Carolina Armed Robbery convictions are valid predicates under the Armed …
19-7183 Malcolm William v. Pennsylvania Pennsylvania 2020-01-06 Denied Response WaivedIFP causation criminal-procedure criminal-procedure-arrest-of-judgment due-process elements-of-crime evidence evidence-sufficiency hearsay insufficient-evidence malice motion-in-limine murder murder-charge new-trial sixth-amendment third-degree Whether Appellant should be awarded an arrest of judgement on the charge of Murder in the Third Degree
19-845 Charles Huggins v. United States Second Circuit 2020-01-06 Denied Response Waived 28-usc-2255 brady-violation criminal-procedure due-process evidentiary-hearing ineffective-assistance insufficient-evidence perjury section-2255 sixth-amendment Whether Petitioner was deprived of due process
19-7151 Erick David Lopez v. United States Ninth Circuit 2020-01-03 Denied Response WaivedIFP criminal-procedure criminal-trial due-process evidence evidence-admission fifth-amendment free-speech ninth-circuit prejudice rap-poem sixth-amendment Whether the Ninth Circuit's sanctioning of the admission of a vile and obscenity-laced rap poem found inside the purse of a 16-year-old girl and not w…
19-7168 Tracy Eugene Johnson v. Illinois Illinois 2020-01-03 Denied IFP burglary constitutional-rights Direct-appeal due-process effective-assistance-of-counsel Failure-to-prove-essential-elements-of-offense fourteenth-amendment Fourteenth-Amendment-due-process Post-trial-motion reasonable-doubt sixth-amendment Sixth-Amendment-right-to-effective-assistance-of-c Whether petitioner was denied his Sixth Amendment constitutional right to the effective assistance of appellate counsel
19-7155 Russell DeFreitas v. Gregory A. Kizziah, Warden Sixth Circuit 2020-01-02 Denied Response WaivedIFP abuse-of-discretion actual-innocence constitutional-rights double-jeopardy due-process habeas-corpus habeas-corpus-2241 ineffective-assistance ineffective-assistance-of-counsel sixth-amendment statutory-interpretation Whether Sixth Circuit's precedent supersedes and adoption of district court's arbitrary abuse of authority, prohibits petitioner's 28 USC 2241's statu…
19-7093 Oscar Ibarra v. Nick Ludwick, Warden Eighth Circuit 2019-12-31 Denied Response WaivedIFP conflict-of-interest criminal-procedure indigent-defendant ineffective-assistance murder right-to-counsel sixth-amendment Does the Sixth Amendment permit an office to represent an indigent defendant in a First Degree Murder case if the office previously represented both a…
19-7109 J'Veil Outing v. Miguel A. Cardona, Commissioner, Connecticut Department of Correction Connecticut 2019-12-31 Denied Response WaivedIFP appeal appellate-record due-process expert-testimony eyewitness-identification eyewitness-testimony ineffective-assistance precedent right-to-counsel sixth-amendment Whether assigned counsel violated the defendant's Sixth Amendment right to counsel and his right to due process
19-7120 Gilbert Sanchez v. Texas Texas 2019-12-31 Denied IFP apprendi-v-new-jersey blakely-v-washington criminal-appeals criminal-procedure due-process effective-assistance-of-counsel fourteenth-amendment habeas-corpus in-re-winship jury-trial right-to-trial-by-jury sixth-amendment texas-constitution Is the Fourteenth Amendment of the United States Constitution violated when the Texas Court of Criminal Appeals denies an Applicant habeas relief base…
19-7133 Angel Noel Guevara v. United States Ninth Circuit 2019-12-31 Denied Response WaivedIFP brady-v-maryland cross-examination due-process expert-testimony eyewitness-identification eyewitness-testimony independent-evidence police-lineup rule-403 sixth-amendment sixth-amendment-right-to-present-defense Whether excluding expert testimony on eyewitness memory and police lineup procedures violates the Sixth Amendment right to present a defense, or const…
19-7086 Walter Daniel Prezioso v. United States Ninth Circuit 2019-12-30 Denied IFP acquitted-conduct constitutional-rights criminal-procedure due-process fifth-amendment sentencing sixth-amendment Whether reliance on acquitted conduct in imposing sentence violates the Fifth and Sixth Amendments?
19-7089 Jonathan Cruz-Ramirez v. United States Ninth Circuit 2019-12-30 Denied Response WaivedRelisted (2)IFP constitutional-rights criminal-procedure due-process evidence evidence-admission fifth-amendment first-amendment juvenile-evidence prejudice prejudicial-error sixth-amendment Whether the Ninth Circuit's sanctioning of the admission of a vile and obscenity-laced rap poem found inside the purse of a 16-year-old girl and not w…
19-7090 Warren Evans, Jr. v. United States Fourth Circuit 2019-12-30 Denied Response WaivedIFP appeal appellate-procedure attorneys-fees copyright-law copyright-registration effective-assistance effective-assistance-of-counsel federal-rules-of-appellate-procedure flores-ortega 19-708" ineffective-assistance-of-counsel infringement notice-of-appeal publication-status registration-accuracy right-to-counsel roe-v-flores-ortega sixth-amendment Whether a court can invalidate a copyright registr Whether application of the deadline for filing a Notice of Appeal under the Federal Rules of Appellate Procedure violates the appellant's right to cou…
19-7098 Antonio Shaw v. United States Eighth Circuit 2019-12-30 Denied Response WaivedIFP constitutional-law constitutional-rights criminal-procedure defense-counsel due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel objective-standard sixth-amendment standard-of-review witness-testimony Whether defense counsel's performance fell below the reasonable standard of representation
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…
19-7063 Leeton Jahwanza Thomas v. Pennsylvania Pennsylvania 2019-12-26 Denied IFP capital-punishment capital-sentencing death-penalty eighth-amendment fourteenth-amendment jury-trial reasonable-doubt sixth-amendment Were Petitioner's rights under the Sixth, Eighth, and Fourteenth Amendments to the United States Constitution violated by a Pennsylvania statutory sch…
19-7066 Evaristo Toscano v. Joe A. Lizarraga, Warden Ninth Circuit 2019-12-26 Denied IFP 6th-amendment confrontation-clause due-process effective-assistance-of-counsel evidence-tampering harmless-error judicial-bias prejudice-comments redacted-statement right-to-counsel right-to-present-defense sixth-amendment Whether a violation of petitioner's right granted by the Confrontation Clause of the United States Constitution was harmless beyond a reasonable doubt
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…
19-795 Paul D. Voorhees v. United States Armed Forces 2019-12-20 Denied conduct-unbecoming-an-officer criminal-prosecution criminal-statute due-process mens-rea military-justice negligence negligence-standard rehaif-v-united-states scienter sixth-amendment uniform-code-military-justice uniform-code-of-military-justice Does the mens rea principle apply to criminal prosecutions under the Uniform Code of Military Justice?
19-6971 Comfort Delando Roberts v. Texas Texas 2019-12-19 Denied Relisted (2)IFP confrontation-clause due-process fair-trial fifth-amendment impartial-jury ineffective-assistance presumption-of-innocence sixth-amendment Ineffective-assistance-of-counsel
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
19-7024 Germira Lamar Carter v. Michigan Michigan 2019-12-19 Denied Response WaivedIFP constitutional-violation criminal-conviction criminal-procedure due-process effective-assistance-of-counsel habeas-corpus ineffective-assistance-of-counsel sixth-amendment strickland-test Where the state courts of Michigan has convicted a criminal defendant in violation of his Sixth Amendment right to effective assistance of counsel, is…
19-6993 In Re Augustus Larry Lundy 2019-12-18 Denied IFP constructive-denial-of-counsel due-process fourteenth-amendment habeas-corpus personal-jurisdiction sixth-amendment Did the trial court divest itself of personal jurisdiction of Lundy when it administered the law in an improper and unconstitutional manner?
19-6998 Patrick Kofalt v. United States Third Circuit 2019-12-18 Denied Response WaivedIFP 2255-motion conflict-of-interest due-process plea-agreement fourth-amendment fourth-amendment ineffective-assistance ineffective-assistance-of-counsel judicial-procedure judicial-shell-game nix-v-whiteside plea-agreement sixth-amendment Does controlling authority from the Supreme Court in Nix v. Whiteside, 475 US 157 (1986), hold that all ineffective assistance of counsel waivers are …
19-7000 David Constance v. Darrel Vannoy, Warden Fifth Circuit 2019-12-18 Denied Response WaivedIFP crawford-v-washington fair-trial fourteenth-amendment hearsay-testimony impartial-trial ineffective-assistance ineffective-assistance-of-counsel insufficient-evidence sixth-amendment Whether Mr. Constance was denied a fair and impartial trial due to the State Courts' denial of hearsay testimony
19-7001 Haji Bagcho, aka Haji Bagh Chagul, aka Haji Bagchagul v. United States District of Columbia 2019-12-18 Denied IFP acquittal criminal-procedure due-process fifth-amendment jury-selection jury-selection-and-service-act racial-bias racial-discrimination sixth-amendment Whether a criminal defendant can be denied time to inspect jury records where the jury office's policy prohibited earlier observation of the venire or…
19-7005 Johnnie Lewis Wood v. Virginia Virginia 2019-12-18 Denied Response WaivedIFP 14th-amendment-due-process 6th-amendment-rights conviction fair-trial false-testimony fourteenth-amendment indictment jury-verdict material-misrepresentation sixth-amendment Was Petitioner's Sixth-Amendment-rights,Fourteenth-Amendment-rights,false-testimony,fair-trial,jury-verdict,conviction violated
19-776 James Wesley Amonett, Jr. v. Virginia Virginia 2019-12-18 Denied Response Waived contract-enforcement contract-law criminal-procedure criminal-procedure-contract-enforcement due-process jury-trial law-enforcement plea-bargaining police-authority police-promises right-to-jury-trial sixth-amendment Whether the police can promise someone who they have arrested a specific benefit in exchange for the arrestee's cooperation and whether that contract …
19-6949 James R. Royal v. Harold W. Clarke, Director, Virginia Department of Corrections Virginia 2019-12-17 Denied Response WaivedIFP collateral-review constitutional-law criminal-procedure due-process mccoy-v-louisiana retroactivity sixth-amendment watershed-rule Is McCoy v. Louisiana, 138 S.Ct.1500(2018) a watershed rule of criminal procedure which must be applied retroactively on collateral review?
19-770 Jason C. Underwood v. Shawn Phillips, Warden Sixth Circuit 2019-12-16 Denied Response Waived certificate-of-appealability habeas-corpus habeas-corpus-relief ineffective-assistance-of-counsel martinez-exception martinez-v-ryan procedural-default sixth-amendment sixth-circuit-review trevino-v-thaler Whether the District Court properly interpreted Underwood's Martinez v. Ryan claims when his state post-conviction counsel and trial counsel were inef…
19-772 Albert Diaz v. United States Fifth Circuit 2019-12-16 Denied Response Waived criminal-investigation criminal-procedure due-process formal-charges grand-jury pre-indictment prosecutorial-discretion right-to-counsel sixth-amendment target target-designation Whether the Sixth Amendment right to counsel attaches before formal charges are filed
19-6912 David Abara v. Jack Palmer, Warden, et al. Ninth Circuit 2019-12-12 Denied Response WaivedIFP appeal competency competency-exam criminal-procedure faretta-canvass irreconcilable-conflict right-to-counsel self-representation sixth-amendment trial-court Whether a trial court violates the Sixth Amendment right to counsel by forcing a defendant into self-representation when the defendant and his appoint…
19-6913 Neal Benjamin v. Jennifer Saad, Warden Fourth Circuit 2019-12-12 Denied Response WaivedIFP appellate-review booker-error constitutional-procedure criminal-procedure due-process harmless-error judicial-review lower-court-error sentencing sixth-amendment standard-of-review Does the Petitioner have a Sixth Amendment Booker error?
19-6928 Lee Dale Lofton, Jr. v. Wendy Kelley, Director, Arkansas Department of Correction Eighth Circuit 2019-12-12 Denied Response WaivedRelisted (2)IFP appeals civil-rights constitutional-violations criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sentencing sentencing-error sixth-amendment standing Whether the petitioner was denied effective assistance of counsel and due process under the Sixth and Fourteenth Amendments when the district court fa…
19-6914 Levi Rockefeller v. California California 2019-12-11 Denied IFP 6th-amendment civil-rights collusion conflict-of-interest constitutional-rights counsel court-procedure due-process fifth-amendment ineffective-assistance-of-counsel judicial-misconduct legal-ethics sixth-amendment trial-procedure Did the court err by failing to inquire, explore, and/or avoid potential conflicts of interest by creating a scenario equivalent to collusion or couns…
19-6889 In Re Joel Law 2019-12-10 Denied IFP 18-usc-2422b 6th-amendment confrontation-clause confrontation-clause-6th-amendment,false-imprisonm constitutional-rights false-imprisonment habeas-corpus immediate-relief judicial-review section-2255 sixth-amendment Am I entitled to immediate relief from this Court, to protect myself and others similarily situated, from being falsely imprisoned pursuant to 18 U.S.…
19-6876 Mauricio Aguirre, aka Mauricio Aguirre-Orcutt, aka Peter Holston-Aguirre, aka Peter Holston, aka Miller Aguirre v. United States Fifth Circuit 2019-12-09 Denied Response WaivedIFP apprendi-v-new-jersey criminal-procedure due-process fifth-amendment indictment jury-trial sentencing sentencing-modification sixth-amendment supervised-release Whether a federal defendant may suffer additional imprisonment on the basis of facts that have never been placed in an indictment, nor proven to a jur…
19-6845 David Steward v. Pennsylvania Pennsylvania 2019-12-05 Denied IFP collateral-review constitutional-right constitutional-rights criminal-procedure due-process mccoy-v-louisiana retroactivity sixth-amendment substantive-decision supreme-court-precedent Whether the newly established constitutional right announced in McCoy v. Louisiana, 138 S.Ct. 1500(2018), created a substantive decision that applies …
19-6846 James W. Riley v. Dana Metzger, Warden, et al. Third Circuit 2019-12-05 Denied Response WaivedRelisted (2)IFP appeal-as-of-right constitutional-interpretation criminal-procedure due-process effective-assistance-of-counsel habeas-corpus judicial-review legal-precedent right-to-counsel sixth-amendment standing state-court statutory-analysis third-circuit-court Whether the Sixth Amendment right to effective assistance of counsel applies to a defendant's first appeal as of right
19-6843 James Rice v. Wanza Jackson-Mitchell, Warden Sixth Circuit 2019-12-04 Denied Response WaivedIFP 6th-amendment barker-factors barker-v-wingo constitutional-rights habeas-corpus ineffective-assistance prejudice sixth-amendment speedy-trial unreasonable-application Was Petitioner James Rice denied the right to a speedy trial?
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…
19-6801 Marcos Palomar v. Raymond Madden, Warden Ninth Circuit 2019-12-03 Denied Response WaivedIFP constitutional-rights criminal-procedure custodial-interrogation due-process fifth-amendment miranda-rights police-advisement police-interrogation right-to-counsel sixth-amendment Whether a Miranda v. Arizona 384 U.S. 436 (1966) rights advisal is invalid if police indicate the right to appointed counsel prior to questioning is d…
19-6805 Hajes Rabaia v. Gubir Grewal, Attorney General of New Jersey, et al. Third Circuit 2019-12-03 Denied IFP brady-disclosure brady-v-maryland constitutional-amendments criminal-procedure due-process evidence fourteenth-amendment judicial-review sixth-amendment supreme-court-precedent Does the holding of Brady v. Maryland apply to the petitioner?
19-6808 Phillip E. Smith v. Collins, First Name Unknown, et al. Ninth Circuit 2019-12-03 Denied Response WaivedIFP 28-usc-2253 certificate-of-appealability cumulative-error due-process fourteenth-amendment insufficient-evidence miller-el-v-cockrell ninth-circuit severance sixth-amendment slack-v-mcdaniel trial-severance video-evidence Did the Ninth Circuit err in denying a certificate of appealability?
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…
19-6810 Duane Gregley v. Douglas Fender, Warden Sixth Circuit 2019-12-03 Denied IFP certificate-of-appealability constitutional-challenge due-process firearm-specification habeas-corpus ineffective-assistance-of-counsel jury-verdict res-judicata sentencing sixth-amendment Whether there is pretense that the statutes and laws of the state under which Mr. Gregley is convicted of, are repugnant to the Constitution and laws …
19-6817 Anthony Wheeler v. Ron Neal, Superintendent, Indiana State Prison Seventh Circuit 2019-12-03 Denied Response WaivedIFP certificate-of-appealability constitutional-rights due-process expungement ineffective-assistance ineffective-assistance-of-counsel sentencing sentencing-standards sixth-amendment standard-of-review Did the Seventh Circuit err under Miller-El v. Cockrell and Buck v. Davis when it determined Petitioner had not made a substantial showing of a denial…
19-6780 Darius Kinney v. Ohio Ohio 2019-11-29 Denied IFP appellate-procedure appellate-rights constitutional-rights due-process effective-counsel ineffective-counsel mail-box-rule ohio-appellate-rules sixth-amendment time-limitation time-limits Were Petitioner's Sixth Amendment rights violated?
19-6754 Cesareo Vizcarra Medina v. California California 2019-11-26 Denied IFP civil-rights constitutional-violations due-process fifth-amendment ineffective-assistance-of-counsel sixth-amendment 5th-amendment 6th-amendment civil-rights constitutional-rights due-process ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct sixth-amendment trial-procedure Whether trial counsel was ineffective for failing to object to prosecutorial misconduct that violated petitioner's constitutional rights under the 6th…
19-6761 Younes Kabbaj v. United States Third Circuit 2019-11-26 Denied Response WaivedIFP 18-usc-115 18-usc-875 apprendi-v-new-jersey constitutional-vagueness crime-of-violence elonis-v-united-states first-amendment first-amendment-free-speech sixth-amendment statutory-interpretation subjective-intent true-threat true-threats Whether a conviction for issuing a 'true threat' requires proof of defendant's subjective intent to threaten injury upon the person (physical body) of…
19-6743 Kenneth Dewayne Nelson v. Texas Texas 2019-11-25 Denied IFP constitutional-rights criminal-procedure due-process jury-selection plea-change right-to-jury right-to-trial sixth-amendment texas-code-of-criminal-procedure texas-constitution trial-by-jury venire-panel Was Nelson entitled to a new venire panel after changing his pleas from guilty to not guilty?
19-6715 Brandon Lashon Ingram v. United States Fourth Circuit 2019-11-22 Denied Response WaivedIFP confrontation-clause evidentiary-hearing habeas-corpus habeas-corpus-review harmless-error harmless-error-analysis ineffective-assistance ineffective-assistance-of-counsel sixth-amendment strickland-standard strickland-v-washington Does Title 28 U.S.C. § 2255(b) automatically require an evidentiary hearing when an affidavit presented by a defendant alleging a breakdown in communi…
19-6727 Tyrone Marvin Andrews v. Noah Nagy, Warden Sixth Circuit 2019-11-22 Denied Response WaivedIFP alibi-defense civil-rights constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel mandatory-minimum-sentence plea-bargaining sentencing sixth-amendment sixth-circuit-review strickland-v-washington trial-counsel Whether trial counsel was ineffective for failing to investigate an alibi defense at trial
19-6731 Travell Henry v. Patrick Warren, Warden Sixth Circuit 2019-11-22 Denied Response WaivedIFP constitutional-rights criminal-defense criminal-procedure due-process evidence ineffective-assistance ineffective-assistance-of-counsel investigation right-to-counsel self-incrimination sixth-amendment trial-strategy witness witness-testimony Was Mr. Henry's trial counsel, Patrick Nyenhus, failed to provide constitutionally effective assistance of counsel?
19-6735 Kwok Cheung Chow, aka Raymond Chow, aka Ha Jai v. United States Ninth Circuit 2019-11-22 Denied Response WaivedIFP constitutional-principles counsel-of-choice courtroom-closure government-interest governmental-interest harmless-error overriding-interest public-trial right-to-counsel sixth-amendment Whether federal courts have undermined the constitutional principles of the right to a public trial by adopting a test that requires a lesser governme…
19-6691 Robert H. Smith v. Indiana Indiana 2019-11-20 Denied Response WaivedIFP 14th-amendment 4th-amendment 5th-amendment 6th-amendment exclusionary-rule fifth-amendment fourth-amendment ineffective-assistance judicial-review sixth-amendment state-court-conflict strickland-standard Whether the Indiana Supreme Court/Court of Appeals has entered a decision in conflict with other decisions previously made in the United States Suprem…
19-6693 Chris Rayvon Starks v. United States Sixth Circuit 2019-11-20 Denied IFP armed-career-criminal-act criminal-procedure judge-finding jury jury-decision jury-determination predicate-offense predicate-offenses prior-convictions sentencing sentencing-enhancement sixth-amendment statutory-penalty Is the fact that the defendant committed three predicate offenses 'on occasions different from one another' an element of the ACCA for the jury to dec…
19-6698 Amon Rweyemamu Mtaza v. United States Fifth Circuit 2019-11-20 Denied Response WaivedRelisted (2)IFP 4th-amendment civil-rights conflict-of-interest due-process fourth-amendment ineffective-assistance ineffective-assistance-of-counsel involuntary-consent plain-view-doctrine probable-cause search-and-seizure sixth-amendment venue-defense wire-fraud Whether the petitioner's Fourth Amendment rights were violated by an unlawful arrest, unlawful search and seizure, and involuntary coerced consent
19-6700 Abid Naseer v. United States Second Circuit 2019-11-20 Denied Response WaivedIFP advisement appellate-review district-court right-to-counsel self-representation sixth-amendment standard-of-review waiver Whether the Second Circuit Court of Appeals applied an incorrect standard in concluding that Petitioner knowingly and intelligently waived his Sixth A…
19-6701 Carl Labat v. Darrel Vannoy, Warden Fifth Circuit 2019-11-20 Denied Response RequestedResponse WaivedRelisted (2)IFP exhaustion-of-state-remedies fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel sixth-amendment state-remedies strickland-standard strickland-v-washington supervisory-writs Whether Mr. Labat was denied effective assistance of counsel on appeal due to: (a) Failure to Exhaust State Remedies; (b) failure to seek Supervisory …
19-6669 Donnie Berry v. Mark S. Inch, Secretary, Florida Department of Corrections Eleventh Circuit 2019-11-19 Denied Response WaivedIFP affidavit-or-declaration appeals civil-rights costs due-process habeas in-forma-pauperis ineffective-assistance-of-counsel poverty redress security sixth-amendment Whether the Eleventh Circuit erred in denying habeas relief on petitioner's claim of ineffective assistance of counsel
19-6676 Christopher G. Waguespack v. United States Fifth Circuit 2019-11-19 Denied Response WaivedIFP child-pornography computer-evidence computer-forensics confrontation-clause criminal-procedure cross-examination evidence law-enforcement sixth-amendment software-reliability Whether failing to call the law enforcement agent responsible for generating a computer report in the Government's case-in chief implicates the Sixth …
19-6679 Horatio Johnson v. Louisiana Louisiana 2019-11-19 GVR Response RequestedResponse WaivedRelisted (3)IFP criminal-procedure due-process fourteenth-amendment jury-trial nonunanimous-verdict sixth-amendment state-court state-criminal-procedure Does the right to a jury trial guaranteed by the Sixth Amendment, as applied to the States through the Fourteenth Amendment, allow a state-court crimi…
19-6684 Rakeem Asaad Davis v. United States Eleventh Circuit 2019-11-19 GVR IFP 18-usc-922g 6th-amendment 6th-amendment-right-to-jury-trial charged-theories-of-prosecution criminal-procedure criminal-prosecution double-jeopardy due-process felon-in-possession jury-unanimity knowledge-element rehaif-v-united-states richardson-standard richardson-v-united-states sixth-amendment unanimous-jury-verdict uncharged-theories-of-prosecution Does the failure to require a unanimous jury verdict on either charged or uncharged theories of prosecution violate the Sixth Amendment right to a ver…
19-6662 Shane E. Jones v. United States Eighth Circuit 2019-11-18 Denied IFP armed-career-criminal-act criminal-procedure judicial-determination jury-trial sentencing sentencing-enhancement sixth-amendment sixth-amendment-right statutory-interpretation Does the judicial determination of crimes 'committed on occasions different from one another' at sentencing under the Armed Career Criminal Act, 18 U.…
19-6644 Darrell Freeze v. United States Fifth Circuit 2019-11-15 Denied Response WaivedIFP 5th-amendment 6th-amendment criminal-procedure due-process federal-courts federal-sentencing fifth-amendment judicial-fact-finding sentencing sixth-amendment substantive-reasonableness Whether the Fifth and Sixth Amendments permit judges to find the facts necessary to support an otherwise substantively unreasonable federal sentence
19-6647 Michael J. Baxter v. United States Eleventh Circuit 2019-11-15 Denied IFP acquitted-conduct batson-challenge batson-v-kentucky criminal-procedure due-process equal-protection jury-selection racial-discrimination reasonable-doubt sentencing-guidelines sixth-amendment united-states-v-watts Whether the striking of two out of three black veniremembers demonstrates a 'pattern of discrimination' as necessary to satisfy the first step of the …
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?
19-6613 Jaime Rodriguez, et al. v. United States Second Circuit 2019-11-14 Denied Response WaivedIFP appellate-review counsel-performance deliberate-misrepresentations due-process factual-predicates false-positions false-positions-and-deliberate-misrepresentations ineffective-assistance ineffective-assistance-of-counsel mandate-rule newly-raised-claims sixth-amendment Whether the mandate rule bars consideration and adjudication of newly raised claims under a Sixth Amendment ineffective assistance of counsel claim
19-6637 Gregory Cooper v. Katy Poole, et al. Fourth Circuit 2019-11-14 Denied Response WaivedIFP 5th-amendment 6th-amendment civil-rights constitutional-rights counsel criminal-procedure cruel-and-unusual-punishment due-process effective-counsel judicial-discretion right-to-counsel self-incrimination sixth-amendment subject-matter-jurisdiction takings Whether the 5th Amendment to the U.S. Constitution provides for due process when the State compels a defendant to testify against himself by threat of…
19-6641 Michael Anthony Clayton v. United States Sixth Circuit 2019-11-14 Denied Response WaivedIFP circuit-split constitutional-rights criminal-procedure custodial-interrogation fifth-amendment miranda-rights miranda-warning right-to-counsel self-incrimination sixth-amendment Must an Officer Tell a Criminal Suspect in Custody That He Has the Right to Have an Attorney Present During the Interview, in Order to Use the Suspect…
19-6645 In Re Morgan Allen Armstrong 2019-11-14 Denied IFP civil-rights constitutional-claims criminal-procedure due-process fabrication-of-evidence fair-trial habeas-corpus ineffective-assistance prosecutorial-misconduct sixth-amendment standing Did the state court fabricate the evidence used to convict the petitioner, violate his right to a fair trial, and deny him due process?
19-6592 Monir George v. Dana Metzger, Warden Third Circuit 2019-11-13 Denied IFP appellate-procedure civil-rights criminal-procedure due-process fair-trial ineffective-assistance-of-counsel prosecutorial-misconduct right-to-a-fair-trial right-to-counsel sixth-amendment Whether the trial court erred in denying the defendant's motion for a new trial based on the defense counsel's failure to disclose exculpatory evidenc…
19-6595 Raymond Tavelle Holmes v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2019-11-13 Denied IFP cell-phone civil-procedure civil-procedure-28-usc-636 due-process fair-trial florida-statute-934.23 fourteenth-amendment fourth-amendment ineffective-counsel inevitable-discovery magistrate-judge objection procedural-error report-and-recommendation search-and-seizure severance similar-fact-evidence sixth-amendment standing third-party warrantless-search Whether the failure to sever counts deprived the P Whether the warrantless search and seizure of text williams-rule Whether the Magistrate Judge failed to file a report and recommendation as required, depriving the Petitioner the opportunity to file a written object…
19-6608 Steve Romero v. Mike McDonald, Warden Ninth Circuit 2019-11-13 Denied Response WaivedIFP de-novo-review fair-trial habeas habeas-corpus impartial-jury ineffective-assistance ineffective-assistance-of-counsel jury-bias procedural-history sixth-amendment strickland-standard strickland-v-washington Does the Ninth Circuit's decision contravene Strickland and this Court's Sixth Amendment jurisprudence?
19-602 Chesley Eugene Saunders v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2019-11-08 Denied Response Waived attorney-client-relationship confidential-information criminal-trial due-process effective-assistance-of-counsel fair-trial fundamental-fairness judicial-bias judicial-recusal professional-misconduct recusal sixth-amendment Whether the Due Process Clause and the Constitutional Guarantees of a Fundamentally Fair Trial permit a criminal trial to be presided over by a judge …
19-6501 Alvin Felicianosoto v. United States Eighth Circuit 2019-11-06 Denied Response RequestedResponse WaivedRelisted (2)IFP appellate-review autonomy constitutional-rights criminal-procedure defense-autonomy due-process ineffective-assistance ineffective-assistance-of-counsel McCoy-challenge mccoy-v-louisiana remand right-to-counsel sixth-amendment trial-counsel Whether the Eighth Circuit Court of Appeals erred on direct review in failing to remand the case to the district court when a challenge under McCoy v.…
19-6531 Demetrius Frazier v. Jefferson S. Dunn, Commissioner, Alabama Department of Corrections Eleventh Circuit 2019-11-06 Denied IFP 28-usc-2244 capital-sentencing capital-sentencing-scheme certificate-of-appealability constitutional-challenge fourteenth-amendment habeas-corpus second-or-successive-petition sixth-amendment Whether the Eleventh Circuit should have issued a certificate of appealability
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
19-6535 Clarence Fry v. Ohio Ohio 2019-11-06 Denied IFP constitutional-right criminal-defendant due-process fair-trial fourteenth-amendment right-to-testify rock-v-arkansas self-representation sixth-amendment trial-counsel Is it unconstitutional for any Court to deny the Constitutional right to testify in one's own defense by placing the burden of making such desire know…
19-6493 Theresa Gail Scanlan v. Washington Washington 2019-11-05 Denied Response WaivedIFP accuser confrontation-clause criminal-procedure medical-evidence medical-personnel police-interrogation police-involvement prosecutorial-purpose prosecutorial-use sixth-amendment testimonial testimonial-statements Are statements to medical personnel testimonial under the Confrontation Clause when the accuser is aware of their prosecutorial purpose?
19-6506 Joshua Jake White v. Mark Nooth, Superintendent, Snake River Correctional Institution Ninth Circuit 2019-11-05 Denied Response WaivedIFP credibility credibility-contest criminal-procedure expert-testimony habeas-corpus ineffective-assistance ineffective-assistance-of-counsel post-conviction-relief prevailing-professional-norm professional-norm sixth-amendment Whether a court evaluating the reasonableness of trial counsel's failure to make a meritorious challenge under the Sixth Amendment may disregard evide…
19-6474 Christopher Andrew Tank v. Michigan Michigan 2019-11-01 Denied Response WaivedIFP confrontation-clause confrontation-clause-violation constitutional-rights constitutional-rights-violation criminal-procedure due-process dying-declaration prejudicial-effect sixth-amendment testimonial-dying-declarations testimonial-evidence Whether testimonial dying declarations violate the Confrontation Clause of the Sixth Amendment
19-6465 Quintin Phillippe Jones v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-10-31 Denied Relisted (2)IFP 18-usc-3599 6th-amendment death-penalty federal-courts habeas-corpus ineffective-assistance ineffective-assistance-of-counsel investigative-funding martinez-v-ryan meaningful-representation sixth-amendment When has a qualifying prisoner been denied meaningful representation informed by investigation to prepare a federal habeas corpus application?
19-6469 Kenneth N. McFall v. Indiana Indiana 2019-10-31 Denied Response WaivedIFP and sole defense witness to testify at trial for appeal evidence sixth-amendment state-court-decision testimony abuse-of-discretion accomplice-testimony constitutional-rights criminal-procedure due-process evidence-seizure fourteenth-amendment fourth-amendment sixth-amendment state-bypass-sixth-amendment Whether the trial court's abuse of discretion in not allowing an alleged accomplice to testify violated the petitioner's due process and Sixth Amendme…
19-6437 Lee E. Peyton v. California California 2019-10-31 Denied IFP confrontation-clause courtroom-protocol criminal-procedure due-process due-process-clause farretta-v-california fourteenth-amendment judicial-discretion pro-se pro-se-representation sixth-amendment Whether the Sixth and Fourteenth Amendments permit a trial court to deny a defendant's request to proceed pro se based on the judge's accusations of t…
19-569 Carlos Manuel Ayestas v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-10-30 Denied capital-case capital-case-mitigation-evidence ineffective-assistance mental-health mitigation-evidence mitigation-investigation professional-norms rompilla-v-beard sixth-amendment strickland-v-washington substance-abuse wiggins-v-smith Whether 'prevailing professional norms' required counsel in a capital case to investigate potential mitigation evidence, including red flags for menta…
19-6444 Jermaine D. Harris v. Stephen T. Moyer, Secretary, Maryland Department of Public Safety and Correctional Services, et al. Fourth Circuit 2019-10-30 Denied Response WaivedRelisted (2)IFP aiding-and-abetting appeal cell-phone-technology cell-tower-testimony criminal-procedure cumulative-effect due-process fifth-amendment fifth-amendment-privilege habeas-corpus ineffective-assistance legally-inconsistent-verdicts sixth-amendment strickland-v-washington Did the Court of Appeals err in denying a certificate of appealability on Petitioner's claim that his trial counsel was constitutionally ineffective f…
19-556 Lucas Allen Newnam v. Pennsylvania Pennsylvania 2019-10-29 Denied bad-faith-inquiry bright-line-test continuance continuance-request counsel-of-choice criminal-defendant criminal-procedure due-process right-to-counsel sixth-amendment trial-delay Should this Court establish a bright-line test for determining whether a criminal defendant's right to retained counsel of his choice is violated, whe…
19-6418 Wayne Neville Morris v. United States Ninth Circuit 2019-10-29 Denied Response WaivedIFP certificate-of-appealability constructive-amendment criminal-procedure criminal-procedure-error due-process fatal-variance fifth-amendment modified-categorical-approach rule-of-lenity sixth-amendment Whether a conviction based on an erroneous legal theory can be sustained when the petitioner presents clear and convincing evidence that the accused, …
19-6406 Clifford L. Rush v. Nebraska Nebraska 2019-10-28 Denied IFP conflicts-of-interest constitutional-rights counsel-of-choice criminal-procedure due-process judicial-discretion nebraska-supreme-court pro-se pro-se-representation right-to-counsel self-representation sixth-amendment withdrawal-of-counsel Whether the Nebraska Supreme Court's denial of the petitioner's right to proceed pro se violated the Sixth Amendment
19-6409 Sean Reilly v. Florida Florida 2019-10-28 Denied Response WaivedIFP constitutional-duty contract-law criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel misunderstanding plea-bargaining sixth-amendment written-plea-offers Whether counsel for the accused has a constitutional duty under the Sixth Amendment to document and present the client plea offers (contracts) in writ…
19-6377 Jerome Gaskin v. United States Sixth Circuit 2019-10-24 Denied Response WaivedIFP consecutive-sentencing criminal-procedure due-process effective-assistance-of-counsel plea-bargaining right-to-counsel sixth-amendment trial trial-rights Does a defendant's right to the effective assistance of counsel during plea bargaining include being accurately advised by counsel of the potential fo…
19-6380 Emerson L. Beverly v. Sherry L. Burt, Warden Sixth Circuit 2019-10-24 Denied Response WaivedIFP 14th-amendment 6th-amendment criminal-procedure due-process eighth-amendment fair-trial fair-trial-14th-amendment fair-trial-6th-amendment fourteenth-amendment prosecutorial-misconduct red-herring sentencing-review sixth-amendment Did the prosecutor's repeated reference to petitioner's defense as a 'red hearing' constitute misconduct thereby denying petitioner a fair trial in vi…
19-6385 Neil Grenning v. James Key, Superintendent, Airway Heights Corrections Center Ninth Circuit 2019-10-24 Denied Response WaivedIFP appeals certificate-of-appealability consecutive-sentencing due-process habeas habeas-corpus notice oregon-v-ice sentencing sixth-amendment standard-of-review straw-man Mr. Grenning's life sentence upon post-trial allegation of aggravating elements
19-6390 Edward L. Collins v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2019-10-24 Denied Response WaivedIFP constitutional-violation due-process eighth-amendment equal-protection fifth-amendment fourteenth-amendment ineffective-assistance-of-counsel jury-trial miranda-rights self-incrimination sixth-amendment Was the Petitioner's right to due process and freedom from self-incrimination violated?
19-6349 Jarvas Jovon Brinkley v. Randee Rewerts, Warden Michigan 2019-10-23 Denied IFP appellate-review constitutional-rights due-process fifth-amendment fourteenth-amendment ineffective-assistance-of-counsel lafler-v-cooper michigan-law sixth-amendment strickland-standard strickland-v-washington Does the decisions below conflict with the decisions of other U.S. circuit courts of appeals and state appellate courts, and misapply this court's dec…
19-6367 James Eugene Keiser v. Ricky Foxwell, Warden, et al. Fourth Circuit 2019-10-23 Denied Response WaivedIFP 28-usc-2253 certificate-of-appealability civil-procedure constitutional-rights criminal-procedure due-process effective-assistance-of-counsel habeas-corpus ineffective-assistance-of-counsel sixth-amendment standing trial-errors Whether the 4th Circuit exceeded the limited scope of the COA analysis
19-525 Steve Cooley, et al. v. National Abortion Federation Ninth Circuit 2019-10-22 Denied Response Waived appellate-jurisdiction civil-rights contempt contempt-sanction criminal-procedure due-process effective-assistance-of-counsel effective-counsel preliminary-injunction sanctions sixth-amendment younger-abstention Whether a state court criminal defendant can enjoy his Sixth Amendment right to effective counsel when his state court criminal counsel have been held…
19-6316 James Matthew Shelton v. United States Sixth Circuit 2019-10-22 Denied Response WaivedIFP certificate-of-appealability competency-evaluation competency-to-stand-trial evidentiary-hearing habeas habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-discretion sixth-amendment sixth-circuit Whether the lower court erred in denying Shelton's habeas claim alleging ineffective assistance of counsel and abused its discretion in denying him an…
19-6321 Michael J. Prance v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2019-10-22 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process effective-assistance-of-counsel plea-withdrawal right-to-counsel sixth-amendment Whether there is a Sixth Amendment right to counsel during plea withdrawal proceedings?
19-6333 Juan Gabriel Angulo-Cabrera v. United States Ninth Circuit 2019-10-22 Denied Response WaivedIFP codefendant criminal-procedure due-process effective-attorney evidence evidentiary-hearing false-accusations ineffective-assistance phone-records right-to-counsel sixth-amendment trial trial-counsel Whether the District and Appellate Courts erred in denying Defendant an evidentiary hearing on his claim of ineffective-assistance-of-counsel
19-6335 James Morris Balagia v. United States Fifth Circuit 2019-10-22 Denied Response WaivedIFP appellate-jurisdiction collateral-order-doctrine counsel-of-choice disability-accommodation interlocutory-appeal legal-review reasonable-accommodation rehabilitation-act rehabilitation-act-of-1978 right-to-counsel sixth-amendment Does United States v. Gonzalez-Lopez abrogate Flanagan v. United States and permit interlocutory appellate review of the denial of counsel of a defend…
19-514 Nikko A. Jenkins v. Nebraska Nebraska 2019-10-21 Denied Amici (3)Relisted (3) capital-sentencing death-penalty eighth-amendment fourteenth-amendment mental-health mental-illness mitigating-evidence sixth-amendment solitary-confinement Whether the sentencing court violated the requirement of the Eighth and Fourteenth Amendment that capital sentencers give meaningful consideration and…
19-515 Baldassare Amato v. United States Second Circuit 2019-10-21 Denied adverse-effect automatic-reversal conflict-of-interest cuyler-v-sullivan evidentiary-hearing holloway-v-arkansas ineffective-assistance ineffective-assistance-of-counsel sixth-amendment Whether Sixth Amendment analysis under Cuyler v. Sullivan applies to both successive and concurrent conflicts
19-6303 Jeffrey Jason Cooper v. United States Eleventh Circuit 2019-10-18 Denied Response WaivedIFP confrontation-clause due-process evidence fifth-amendment hearsay sixth-amendment witness-testimony Whether the lower Courts erred in allowing multiple hearsay statements of five alleged witnesses and other non-testifying witnesses whom did not testi…
19-498 Raymond L. Rogers v. United States Tenth Circuit 2019-10-18 Denied Response Waived 28-usc-2253 28-usc-2255 certificate-of-appealability criminal-procedure criminal-prosecution fifth-amendment habeas-corpus immediate-release sixth-amendment subject-matter-jurisdiction Whether the Tenth Circuit Court of Appeals erred in denying a certificate of appealability
19-6284 Jose L. Cabrera-Cosme v. United States First Circuit 2019-10-17 Denied Response WaivedRelisted (2)IFP acquitted-conduct due-process jury-trial mcmillin-v-pennsylvania sentencing sixth-amendment uncharged-conduct united-states-v-watts Whether a reasonable jurist could find debatable Petitioner's Sixth Amendment was violated
19-6294 Alexander Mattei v. Sean Medeiros, Superintendent, Massachusetts Correctional Institution at Norfolk First Circuit 2019-10-17 Denied Response WaivedIFP confrontation-clause criminal-procedure dna-evidence due-process evidence expert-testimony hearsay sixth-amendment surrogate-analyst testimonial-evidence testimonial-hearsay trial-procedure Whether there is ability to cross-examine a surrogate analyst at a jury trial who had used another's certified and testimonial DNA results ipse dixit,…
19-6301 Jerry W. Jenkins v. United States Eighth Circuit 2019-10-17 Denied Response WaivedIFP 6th-amendment due-process presumed-innocent sentencing testimony trial 6th-amendment civil-rights constitutional-rights criminal-procedure criminal-proceeding due-process evidence-admission ineffective-assistance-of-counsel presumption-of-innocence sixth-amendment Whether the petitioner's constitutional rights to due process, presumption of innocence, and effective assistance of counsel were violated
19-6265 Alex Knight v. United States Eleventh Circuit 2019-10-16 Denied IFP acquitted-conduct criminal-procedure double-jeopardy due-process fifth-amendment jury-trial sentencing sixth-amendment Whether the Fifth and/or Sixth Amendments are violated when a district court increases a criminal defendant's sentence based upon conduct for which a …
19-6255 Kunta Kenta Redd v. United States Fourth Circuit 2019-10-11 Denied Response WaivedIFP crack-cocaine crack-cocaine-sentencing criminal-justice-reform due-process first-step-act retroactivity section-404 sentencing-disparity sentencing-guidelines sentencing-reform sixth-amendment statutory-interpretation Whether the petitioner is entitled to relief from denial of a 404 motion at the district court level in light of the First Step Act
19-6257 Lamar Lovett v. Texas Texas 2019-10-11 Denied Relisted (2)IFP civil-procedure civil-rights due-process fair-trial jurisdiction public-trial sixth-amendment standing takings Whether the Sixth Amendment right to a public trial applies to voir dire proceedings
19-6266 Willie Jones, Jr. v. United States Ninth Circuit 2019-10-11 Denied Response WaivedIFP conflict-among-courts constitutional-law court-of-appeals criminal-procedure dilatory-conduct dilatory-purpose dilatory-purposes faretta-right faretta-v-california federal-courts self-representation sixth-amendment sixth-amendment-right-to-self-representation state-courts Did the Ninth Circuit's disposition of Petitioner's Faretta claim conflict with Faretta v. California?
19-6230 Claudius L. Fincher v. United States Seventh Circuit 2019-10-09 Denied Response RequestedResponse WaivedRelisted (2)IFP criminal-procedure due-process factual-question jury-determination jury-trial mandatory-minimum safety-valve safetyvalve-statute sentencing sixth-amendment Does the district court's resolution of a contested factual question under 18 U.S.C. § 3553(f) (safety-valve statute) for the purpose of determining w…
19-6204 James Michael Biela v. Nevada Nevada 2019-10-08 Denied IFP appellate-counsel appellate-procedure constitutional-amendments due-process fourteenth-amendment impartial-jury ineffective-assistance-of-counsel jury-impartiality jury-selection sixth-amendment standard-of-review Whether the Nevada Supreme Court committed error when it applied the wrong standard in failing to grant Mr. Biela relief based upon an unfair and impa…
19-6166 Sean Lee Strandberg v. Carmen Denise Palmer, Warden Sixth Circuit 2019-10-07 Denied Response WaivedIFP civil-rights criminal-procedure defense-mechanism due-process evidence evidence-conflict judicial-proceedings polygraph polygraph-evidence presumed-land sixth-amendment sixth-circuit state-lien strickland-v-washington united-states-supreme-court washington-v-hovey Whether the Sixth Circuit's decision on the important matter of whether the prosecutor's use of polygraph evidence conflicts with or departs from acce…
19-6175 K. S. v. Contra Costa County Children & Family Services Bureau California 2019-10-07 Denied Relisted (2)IFP california-welfare-and-institution-code civil-procedure civil-rights constitutional-rights criminal-procedure due-process equal-protection federalism fifth-amendment fourteenth-amendment santosky-v-kramer sixth-amendment standing supreme-court-precedent welfare-code Whether the application of California Welfare and Institution Code violated petitioner's constitutional rights under the Fifth, Sixth and Fourteenth A…
19-6179 Jesus Felix-Heras v. United States Ninth Circuit 2019-10-07 Denied Response WaivedIFP computer-forensics confrontation-clause criminal-procedure database-search evidence-admissibility expert-testimony fingerprint-analysis forensic-evidence search-algorithm sixth-amendment Whether admission of the results of a search of computer fingerprint database, which the record shows to be identical to fingerprint analysis done by …
19-6181 Mark Robertson v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-10-07 Denied Relisted (2)IFP 18-usc-3599 6th-amendment death-penalty federal-courts habeas-corpus investigation judicial-review meaningful-representation representation representation-services sixth-amendment statutory-interpretation Did the district court deny Mr. Robertson the meaningful representation informed by investigation to prepare a habeas corpus application to which he i…
19-6190 Jermaine Gerald Cook, et al. v. United States Ninth Circuit 2019-10-07 Denied Relisted (2)IFP batson-challenge batson-v-kentucky equal-protection jury-selection peremptory-challenges peremptory-strikes racial-discrimination racial-quotas sixth-amendment Did the Ninth Circuit's disposition of Petitioners' Batson claim conflict with the Second Circuit and Sixth Circuit?
19-6192 Lagenza Junious v. Pennsylvania Pennsylvania 2019-10-07 Denied IFP criminal-procedure diminished-capacity ineffective-assistance ineffective-assistance-of-counsel involuntary-intoxication involuntary-plea mens-rea plea-bargaining sixth-amendment strickland-standard strickland-v-washington Was the state superior court's decision contrary to or an unreasonable application of the Strickland v. Washington standard for ineffective assistance…
19-6165 Ricky G. Davis v. Virginia Virginia 2019-10-04 Denied IFP 6th-amendment constitutional-rights court-appointed-counsel criminal-procedure due-process pro-se pro-se-representation probation right-to-counsel self-representation sixth-amendment standing Can Virginia constitutionally hale a person into its criminal courts and there force a lawyer upon him, even when he insist that he wants to conduct h…
19-6169 In Re Anthony Brawner 2019-10-04 Denied Response WaivedIFP civil-rights criminal-procedure due-process federalism jurisdiction mandamus maryland-jurisdiction sixth-amendment subject-matter-jurisdiction trial-rights venue Does the District of Columbia superior court have subject matter jurisdiction over crimes that happen in the State of Maryland?
19-6174 David Anthony Lee v. Darrel Vannoy, Warden Fifth Circuit 2019-10-04 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process federal-law fourteenth-amendment fourteenth-amendment-rights habeas-corpus ineffective-assistance-of-counsel sixth-amendment sixth-amendment-rights state-court-proceedings Whether Mr. Lee's conviction was obtained in violation of his Sixth and Fourteenth Amendment rights
19-449 In Re Arthur Edward Ezor 2019-10-04 Denied Response Waived constitutional-error criminal-procedure due-process equal-protection fair-trial prosecutorial-misconduct sixth-amendment writ-of-mandate Was it a denial of procedural and substantive due process for the lower Court to not order dismissal of the subject criminal case with prejudice again…
19-6146 Hector Rosario-Rivera v. United States First Circuit 2019-10-03 Denied Response WaivedIFP constitutional-rights due-process due-process,sixth-amendment,fifth-amendment,ineffe fifth-amendment ineffective-assistance ineffective-assistance-of-counsel plea-bargaining sentencing sentencing-error sixth-amendment Whether the Petitioner's Fifth and Six Amendment Rigths were violated by plain error made in calculating petitioner's sentence, and the numerous ways …
19-6160 Reggie D. Caswell v. New York New York 2019-10-03 Denied Response WaivedRelisted (2)IFP administrative-law appellate-counsel civil-procedure civil-rights constitutional-rights due-process federal-jurisdiction fourteenth-amendment pro-se-appeal sixth-amendment standing Whether the lower court erred in dismissing petitioner's claims for lack of standing and failure to state a claim upon which relief can be granted
19-6110 Abimael Ayala-Gonzalez v. New York New York 2019-10-01 Denied Response RequestedResponse WaivedRelisted (2)IFP appellate-review brady-violation constitutional-duty criminal-procedure due-process eyewitness-identification federal-claim ineffective-assistance ineffective-assistance-of-counsel meaningful-representation-standard performance-prejudice-test prosecutorial-misconduct sixth-amendment state-appellate-court strickland-standard strickland-v-washington Does a state appellate court have a duty to resolve a federal claim of ineffective assistance of counsel claim under the Federal performance/prejudice…
19-6117 Jaime Ignacio Estrada v. Martin Biter, Warden Ninth Circuit 2019-10-01 Denied Response WaivedIFP criminal-procedure ineffective-assistance ineffective-assistance-of-counsel plea-bargaining plea-offer preponderance-of-evidence right-to-counsel sixth-amendment standard-of-review trial-counsel voluntary-manslaughter Whether petitioner established by a preponderance of evidence trial counsel's violation of the Sixth Amendment: failure to communicate a favorable ple…
19-6096 Jerry Simmons v. Darryl Vannoy, Warden Fifth Circuit 2019-09-30 Denied Response WaivedRelisted (2)IFP biased-judge constructive-denial constructive-denial-of-assistance-of-counsel criminal-procedure ineffective-assistance judicial-bias right-to-counsel right-to-present-defense right-to-self-representation self-representation sixth-amendment structural-error structural-error-doctrine Whether the decision by the United States Fifth Circuit Court of Appeals contrary to, or involve an unreasonable application of, clearly established F…
19-419 Antonio L. Saulsberry v. Randy Lee, Warden Sixth Circuit 2019-09-27 Denied Response Waived constitutional-law criminal-procedure double-jeopardy due-process habeas-corpus jury-trial precedent retrial sixth-amendment verdict Whether the Double Jeopardy Clause bars retrial of a defendant on a charge that was submitted to a jury at a prior trial but as to which that jury did…
19-6069 Kevin Dewitt Skaggs v. Ron Baker, Warden, et al. Tenth Circuit 2019-09-26 Denied IFP criminal-procedure criminal-procedure-sixth-amendment cumulative-analysis evidence expert-consultation expert-witness ineffective-assistance-of-counsel overwhelming-evidence pre-trial-investigation sixth-amendment strickland-standard strickland-v-washington trial-strategy Whether defense counsel performs unreasonably under the Sixth Amendment
19-6071 Demetrius Desean Morgan v. Michigan Michigan 2019-09-26 Denied Response WaivedIFP criminal-procedure due-process eyewitness-identification first-amendment fourteenth-amendment freedom-of-association impartial-jury ineffective-assistance insufficient-evidence physical-characteristics reasonable-doubt sixth-amendment surveillance-video video-surveillance Was the evidence of Petitioner's identity as the shooter sufficient to sustain the first-degree murder conviction?
19-6077 Ruben Moreno Herrera v. Ralph Diaz, Secretary, California Department of Corrections and Rehabilitation Ninth Circuit 2019-09-26 Denied IFP civil-rights compulsory-process conflict-of-interest constitutional-rights criminal-procedure dna-evidence due-process evidence-exclusion evidentiary-exclusion fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel sixth-amendment Whether the exclusion of all reliable and relevant material evidence, including the testimony of the defendant's first-hand witness, violated the defe…
19-6080 Marcus H. v. Connecticut Connecticut 2019-09-26 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process equal-protection indigent indigent-defense right-to-counsel sixth-amendment structural-error trial-court-discretion Was the indigent petitioner's Sixth Amendment right to have appointed counsel represent him at his criminal jury trial violated when the trial court f…
19-6061 Phillip Jones v. Ohio Ohio 2019-09-25 Denied IFP capital-case capital-punishment due-process eighth-amendment ineffective-assistance ineffective-assistance-of-counsel mitigation-investigation sixth-amendment strickland-v-washington Whether trial counsel is ineffective in a capital case when counsel conducts their mitigation investigation after the trial begins, does not allow the…
19-6064 Tommy Cole v. R. J. Rackley, Warden Ninth Circuit 2019-09-25 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process evidence expert-testimony ineffective-assistance ineffective-assistance-of-counsel kelly-hearing sixth-amendment videographic-evidence Whether a Kelly hearing was required to test the reliability of the process used to create the videotape of still photographs originally recorded on a…
19-6024 Kenneth Allen Rogers v. California California 2019-09-24 Denied Response WaivedIFP attorney-client-relationship civil-rights criminal-procedure due-process fiduciary-duty legal-representation pre-trial-motion property-rights retainer-fee sixth-amendment Whether the State of California's denial of legal representation at a pre-trial motion deprived the petitioner of a fundamental right
19-6039 Camilo Andres Landazuri Vargas v. United States Eleventh Circuit 2019-09-24 Denied IFP congress-powers-limits congressional-power criminal-law due-process fifth-amendment foreign-national international-law international-waters jurisdiction jurisdictional-element maritime-drug-law maritime-drug-law-enforcement-act maritime-law sixth-amendment statutory-interpretation united-states-constitution Whether the prosecution of Mr. Vargas - an Ecuadorian national with no ties to the United States - for trafficking controlled substances in internatio…
19-6045 Scott H. Summerhays v. United States Ninth Circuit 2019-09-24 Denied Response WaivedRelisted (2)IFP appellate-counsel change-of-plea criminal-procedure critical-stage effective-assistance-of-counsel faretta faretta-waiver ineffective-assistance right-to-counsel sixth-amendment waiver Does a criminal defendant have a right under the Sixth Amendment to reassert his right to counsel at a critical stage (a change of plea hearing) after…
19-6049 Lawrence T. Tyler v. United States Fifth Circuit 2019-09-24 Denied Response WaivedIFP collateral-consequences coram-nobis criminal-sentencing deportation fact-finding fourth-amendment habeas-corpus ineffective-assistance-of-counsel judicial-fact-finding jury-trial loss-amount reasonable-doubt search-and-seizure sixth-amendment Whether a Certificate-Of-Appealability should be granted
19-6051 Hezekiah Whitfield v. Deanna Brookhart, Warden Seventh Circuit 2019-09-24 Denied Response WaivedIFP corroborative-evidence criminal-procedure double-jeopardy due-process evidence evidence-restriction fourteenth-amendment sixth-amendment Whether Petitioner Made A Substantial Showing Of The Denial Of His Sixth And Fourteenth Amendment Due Process Rights
19-6030 Craig Elias v. Mark Capozza, Superintendent, State Correctional Institution at Fayette, et al. Third Circuit 2019-09-23 Denied Response WaivedIFP constitutional-claim due-process evidence evidence-promise ineffective-assistance ineffective-assistance-of-counsel legal-remedy sixth-amendment strickland-standard strickland-v-washington trial-counsel Does Strickland apply to ineffectiveness claims vis-a-vis trial counsel's broken promise to produce evidence?
19-6000 Kevin Kelley v. Illinois Illinois 2019-09-20 Denied IFP compulsory-process constitutional-rights criminal-procedure due-process evidence evidence-rules propensity-evidence sixth-amendment trial-court-error witness-testimony Whether the state trial court erred in admitting the testimony of two witnesses for the purpose of showing the defendant's propensity to commit the ch…
19-6015 Roque Arias-De Jesus v. United States Fifth Circuit 2019-09-20 Denied Response RequestedResponse WaivedRelisted (2)IFP alleyne appellate-procedure apprendi constitutional-law criminal-law criminal-procedure due-process precedent-analysis sentencing sixth-amendment statutory-interpretation supreme-court-review Whether this Court should consider the continuing validity of Almendarez-Torres v. United States, 523 U.S. 244 (1998), in light of the reasoning of Ap…
19-5973 Wilfred Warren Sheppard v. Texas Texas 2019-09-19 Denied Response WaivedRelisted (2)IFP 5th-amendment 6th-amendment constitutional-rights criminal-procedure double-jeopardy due-process fifth-amendment habeas-corpus jury-trial sixth-amendment supreme-court-precedent united-states-constitution Whether the Texas Criminal Court of Appeals has ruled in a manner which conflicts with the Fifth and Sixth Amendment of the U.S. Constitution
19-5998 Eric Matthew Frein v. Pennsylvania Pennsylvania 2019-09-19 Denied IFP criminal-procedure harmless-error police-misconduct prosecutorial-misconduct right-to-counsel sixth-amendment structural-error trial-integrity When the Sixth Amendment right to counsel has attached, do efforts by police and prosecutors to physically prevent counsel from intervening in his cli…
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'…
19-361 Renado Smith and Richard Delancy v. United States Eleventh Circuit 2019-09-18 Denied Amici (3) confrontation-clause criminal-evidence criminal-procedure custody-release deposition-testimony due-process good-faith-effort investigative-steps prosecutorial-misconduct prosecutorial-procedure sixth-amendment testimonial-statement unavailability witness-unavailability Whether the government makes a good-faith effort to obtain a witness's presence at trial
19-5967 Cameron Thomas v. Nevada Nevada 2019-09-17 Denied Relisted (2)IFP constitutional-amendments due-process fair-trial fifth-amendment fourteenth-amendment fundamental-fairness sixth-amendment trial-court-narrative Whether the Nevada Supreme Court committed error when it failed to address Thomas' contention that his right to fundamental fairness was violated when…
19-5975 Juan Jose Tull-Abreu v. United States First Circuit 2019-09-17 Denied Response WaivedIFP aggravated-identity-theft compulsory-process confrontation-clause conspiracy controlled-substances controlled-substances-act criminal-law criminal-procedure due-process fourteenth-amendment health-care-fraud identity-theft sixth-amendment Whether the petitioner participated in a conspiracy to commit health care fraud
19-5977 Kerry Lyn Dalton v. California California 2019-09-17 Denied IFP 14th-amendment 5th-amendment 6th-amendment constitutional-requirement criminal-sentencing death-penalty fifth-amendment fourteenth-amendment jury-beyond-reasonable-doubt jury-finding reasonable-doubt sixth-amendment statutory-maximum Does California's death penalty scheme violate the requirement under the Fifth, Sixth and Fourteenth Amendments that every fact other than a prior con…
19-5979 Rodrigo Pablo Lozano v. United States Ninth Circuit 2019-09-17 Denied Response RequestedResponse WaivedRelisted (2)IFP apprendi-rule apprendi-v-new-jersey conspiracy conspiracy-offense criminal-restitution deliberate-avoidance due-process hester-v-united-states mental-state ninth-circuit sentencing sixth-amendment Whether Apprendi v. New Jersey, 530 U.S. 466 (2000) applies to the imposition of criminal restitution
19-5945 Timothy Eugene Sampson v. Cathy M. Garrett, et al. Sixth Circuit 2019-09-16 Denied IFP civil-procedure civil-rights constitutional-rights due-process federal-appeals habeas-corpus judicial-review pleading-standards procedural-dismissal sixth-amendment sixth-circuit standing Whether the district court erred in dismissing the petitioner's complaint for failure to state a claim under the heightened Twombly/Iqbal pleading sta…
19-5948 Maria Margarita Valdez-Araiza v. United States Ninth Circuit 2019-09-16 Denied Response RequestedResponse WaivedRelisted (2)IFP appellate-review conflicting-evidence criminal-procedure-review evidence evidentiary-error harmless-error harmless-error-review judicial-precedent jury-factfinding sixth-amendment standard-of-review witness-credibility Is the Ninth Circuit's decision consistent with this Court's precedents?
19-5954 Ricardo Irive v. Jo Gentry, Warden, et al. Ninth Circuit 2019-09-16 Denied Response WaivedIFP attorney-negligence constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining sixth-amendment Does it constitute ineffective assistance of counsel to allow a plea agreement the defendant wished to take lapse due to mistake or negligence?
19-5927 Cuitlahuac Tahua Rivera v. California California 2019-09-13 Denied IFP constitutional-requirement criminal-sentencing death-penalty eighth-amendment fact-finding fifth-amendment fourteenth-amendment jury-beyond-reasonable-doubt jury-finding reasonable-doubt sixth-amendment Does California's death penalty scheme violate the requirement under the Fifth, Sixth, Eighth and Fourteenth Amendments that every fact that serves to…
19-5933 Julian Alejandro Mendez v. California California 2019-09-13 Denied IFP aggravating-factors constitutional-amendments criminal-sentencing death-penalty due-process fifth-amendment fourteenth-amendment reasonable-doubt sixth-amendment trier-of-fact Whether the California death penalty scheme violates the Fifth, Sixth and Fourteenth Amendments by permitting the trier of fact to impose a sentence o…
19-5936 Cesar Rosario Lopez-Ramos v. Minnesota Minnesota 2019-09-13 Denied Response RequestedResponse WaivedRelisted (2)IFP confrontation-clause criminal-procedure cross-examination foreign-language-interpreter police-interrogation sixth-amendment testimonial-statements translation-evidence Whether the Sixth Amendment's Confrontation Clause permits the prosecution to introduce testimonial statements in the form of an unidentified foreign …
19-5938 Jason Bo-Alan Beckman v. United States Eighth Circuit 2019-09-13 Denied Response WaivedIFP asset-forfeiture asset-freezing civil-procedure civil-proceeding civil-rights criminal-counsel criminal-procedure due-process errors-and-omissions errors-and-omissions-policy forfeiture-rights luis-v-united-states right-to-counsel sixth-amendment Can the Government circumvent Luis v. United States protections
19-5919 Marlon Romaine Carter v. Louisiana Louisiana 2019-09-12 Denied Response WaivedIFP constructive-possession criminal-conviction due-process felon-in-possession fourteenth-amendment jackson-v-virginia sixth-amendment sufficiency-of-evidence Whether the State of Louisiana misapplied Jackson v. Virginia sufficiency of evidence test
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…
19-5921 Lisa M. Montgomery v. United States Eighth Circuit 2019-09-12 Denied Amici (2)IFP attorney-client-relationship capital-case capital-trial due-process fifth-amendment in-chambers learned-counsel notice-requirement right-to-counsel sixth-amendment termination-of-counsel In a federal capital trial case, may a federal district court judge, consistent with the Fifth and Sixth Amendments, terminate the appointment of lear…
19-5924 James Hennessee v. United States Sixth Circuit 2019-09-12 Denied Response RequestedResponse WaivedRelisted (2)IFP apprendi-doctrine armed-career-criminal-act circuit-court constitutional-interpretation conviction-records criminal-procedure jury predicate-convictions sentencing sentencing-enhancement sixth-amendment Is the different-occasions requirement an element for the jury to decide, or can the sentencing judge decide it?
19-5904 Travis Dennis v. Darrel Vannoy, Warden Fifth Circuit 2019-09-11 Denied Response WaivedIFP appellate-review batson-challenge constitutional-rights criminal-procedure criminal-procedure-due-process due-process fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel jury-verdict sixth-amendment sufficiency-of-evidence Whether Mr. Dennis' conviction was obtained with insufficient evidence
19-5917 Matthew A. Castro v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2019-09-11 Denied Response WaivedIFP 11th-circuit 5th-amendment 6th-amendment constitutional-rights due-process effective-assistance-of-counsel fact-finding federal-courts fifth-amendment habeas-corpus prosecutorial-misconduct sixth-amendment standard-of-review Whether the United States Court of Appeal for the Eleventh Circuit erred by unreasonably determining the facts based on a misreading of the state reco…
19-5918 Brandon Kyle Thomas v. United States Eleventh Circuit 2019-09-11 Denied Response WaivedIFP §-2255-motion appellate-rights certificate-of-appealability criminal-appeal idaho-v-garza ineffective-assistance-of-counsel jurisdictional-rule prejudice-standard presumption-of-prejudice roe-v-flores-ortega sixth-amendment strickland-v-washington Was counsel's single statement that 'if you appeal you will get more time' adequate advice or deficient performance?
19-330 Harshad Shah v. United States Ninth Circuit 2019-09-11 Denied Response RequestedResponse WaivedRelisted (2) bribery-trial civil-rights due-process fair-trial impartial-jury plain-error-review racial-animus sixth-amendment structural-error trial-by-jury Is the use of racial animus by the government in a bribery trial a structural error and a denial of the Sixth Amendment right to an impartial jury?
19-5879 Timothy L. Joe v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2019-09-10 Denied Response WaivedIFP 6th-amendment cross-examination due-process evidence evidentiary-law impeachment impeachment-evidence ineffective-assistance-of-counsel opioid-addiction police-misconduct sixth-amendment Can Florida's evidentiary laws constitutionally preclude impeachment evidence of opioid-addicted police officers?
19-5890 Fernando Cabral-Varela v. Massachusetts Massachusetts 2019-09-10 Denied Response WaivedIFP constitutional-law constitutional-rights courtroom-access courtroom-closure criminal-procedure due-process public-trial sixth-amendment structural-error witness-intimidation Did the judge deprive the Petitioner of his right to a public trial under the Sixth Amendment to the U.S. Constitution?
19-5869 Jaime Enriquez-Hernandez, aka Jaime Enriques-Hernandez v. United States Fifth Circuit 2019-09-09 Denied Response RequestedResponse WaivedRelisted (2)IFP alleyne almendarez-torres appellate-procedure apprendi constitutional-law criminal-law criminal-procedure due-process judicial-review sentencing sixth-amendment statutory-interpretation supreme-court-precedent Whether this Court should consider the continuing validity of Almendarez-Torres v. United States, 523 U.S. 244 (1998), in light of the reasoning of Ap…
19-5842 William Sim Spencer v. Michigan Michigan 2019-09-06 Denied Response WaivedIFP actus-reus counsel-effectiveness due-process fourteenth-amendment guilty-plea ineffective-assistance-of-counsel irrebuttable-presumption sex-offender-registration sixth-amendment statute-of-limitations Where it can be shown that the order to register as a sex offender is not limited in scope to stand on a valid guilty plea supported by the effective …
19-5847 Dennis White v. Ohio Ohio 2019-09-06 Denied Response WaivedIFP 6th-amendment due-process fourteenth-amendment hospital-records ineffective-assistance ineffective-assistance-of-counsel material-evidence pre-indictment-delay reasonable-probability sixth-amendment strickland-standard strickland-v-washington Was the State Appellate court decision contrary to, or involved an unreasonable application of, clearly established federal law, Strickland-v-Washingt…
19-5809 Lloyde Dubry v. Kansas Kansas 2019-09-05 Denied Response WaivedIFP appellate-procedure constitutional-rights criminal-history descamps-v-united-states discrimination due-process equal-protection fourteenth-amendment retroactive-application retroactivity sentencing sixth-amendment state-v-wetrich Whether the petitioner was denied his remedy by due course of law due to disparate conclusions by Kansas courts on the retroactive application of Stat…
19-5821 Robert Earl Robinson v. Arizona, et al. Arizona 2019-09-05 Denied IFP appellate-jurisdiction appellate-review brady-v-maryland civil-rights constitutional-law constitutional-rights criminal-defense criminal-procedure cross-examination discovery due-process exculpatory-evidence prosecutorial-misconduct sixth-amendment standing statutory-interpretation Whether the petitioner's constitutional rights were violated when the state failed to disclose exculpatory evidence prior to trial
19-5827 James Michael Peluso v. Texas Texas 2019-09-05 Denied IFP civil-rights collateral-proceedings constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel legal-claim procedural-bar right-to-counsel sixth-amendment standing Whether a Prisoner in Texas has a right to effective counsel in collateral proceedings which provide the first occasion to raise a Claim of ineffectiv…
19-5836 Dennis Johnson v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-09-05 Denied IFP appellate-review constitutional-due-process effective-assistance-of-counsel evidentiary-ruling ineffective-assistance-of-counsel judicial-error plea-bargaining prejudice reasonable-performance reasonable-probability sixth-amendment standard-of-review strickland-v-washington trial-fairness trial-strategy Whether the petitioner's Sixth Amendment right to effective assistance of counsel was violated when his trial counsel failed to properly investigate a…
19-5780 Marvin Robinson v. Darrel Vannoy, Warden Fifth Circuit 2019-09-04 Denied Response WaivedIFP constitutional-law constitutional-rights criminal-procedure due-process fair-trial fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel sixth-amendment Whether Petitioner's trial counsel was constitutionally ineffective under the Sixth Amendment to the United States Constitution?
19-5806 John Bradham v. United States Eleventh Circuit 2019-09-04 Denied Response RequestedResponse WaivedRelisted (2)IFP confidential-informant confrontation-clause criminal-procedure drug-transaction due-process evidence evidence-admission sixth-amendment Whether the district court's erroneous admission of a video of an alleged drug-and-firearm transaction between the CI and the defendant violated the c…
19-5807 Thedrick Edwards v. Darrel Vannoy, Warden Fifth Circuit 2019-09-04 Judgment Issued Amici (20)Response RequestedResponse WaivedRelisted (4)IFP constitutional-rights criminal-procedure due-process equal-protection fourteenth-amendment jury-selection jury-trial jury-unanimity sixth-amendment state-law Whether Louisiana's non-unanimous jury requirement for crimes requiring life sentences violates the Sixth Amendment and Fourteenth Amendment of the Un…
19-5814 Luis Armando Mesta v. John Myrick Ninth Circuit 2019-09-04 Denied Response WaivedIFP appellate-advocacy appellate-procedure constitutional-rights counsel-performance ineffective-assistance ineffective-assistance-of-counsel new-trial sixth-amendment sixth-amendment-right-to-counsel state-court-deference state-court-review strickland-v-washington Whether the Ninth Circuit's opinion deferred to the state court's finding that counsel was not ineffective under Strickland, despite counsel's failure…
19-5817 Kendrick Taylor v. Louisiana Louisiana 2019-09-04 Denied Response RequestedResponse WaivedRelisted (2)IFP apodaca-v-oregon criminal-procedure criminal-trial fourteenth-amendment incorporation-doctrine johnson-v-louisiana jury-trial jury-unanimity sixth-amendment supreme-court-precedent unanimous-verdict Whether the Sixth Amendment right to a jury trial requires an unanimous jury verdict and, if so, would that unanimity requirement be required in state…
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…
19-5779 Eduardo Rodriguez-Lopez v. Florida Florida 2019-09-03 Denied IFP constitutional-rights criminal-procedure ineffective-assistance ineffective-assistance-of-counsel plea-colloquy right-to-defense sixth-amendment strickland strickland-standard Whether the State may rely on a plea colloquy to adequately resolve a claim that counsel failed to advise the defendant of a particular defense, consi…
19-5781 Yong S. Cha, aka Edward Cha v. United States Ninth Circuit 2019-09-03 Denied Response WaivedIFP adversarial-testing criminal-procedure due-process evidentiary-waiver federal-rules-of-criminal-procedure federal-rules-of-evidence plea-bargaining proffer-statements prosecutorial-discretion prosecutorial-misconduct sixth-amendment When the Government may use a defendant's statements from plea negotiations to rebut the defense at trial
19-5791 Marcus Jackson v. Vance Laughlin, Warden, et al. Georgia 2019-09-03 Denied Response WaivedIFP appellate-counsel appellate-review discretionary-relief discretionary-review error-of-law habeas-corpus ineffective-assistance-of-counsel irrational-strategy legal-sufficiency sixth-amendment state-appeals sufficiency-of-evidence thirteenth-juror thirteenth-juror-review Did the Georgia courts err by refusing to remedy appellate counsel's professionally deficient, and prejudicial, waiver of a claim for discretionary re…
19-5792 Randall Turner v. Tennessee Tennessee 2019-09-03 Denied IFP bias-adjudicator capital-adversary-procedures conflict-of-interest due-process equal-protection fifth-amendment fourteenth-amendment sixth-amendment statute-of-limitations structural-defect term-1 term-2 term-3 term-4 term-5 term-6 Whether the appellate court appeal process was fundamentally unfair and a denial of due process of law under the Fifth, Sixth and Fourteenth Amendment
19-5747 Jamall Gibson v. United States Sixth Circuit 2019-08-30 Denied Response WaivedIFP constitutional-provisions constitutional-rights criminal-history criminal-procedure drug-conspiracy due-process ineffective-assistance ineffective-assistance-of-counsel sentencing sixth-amendment speedy-trial Whether Petitioner Gibson's counsel provided him with ineffective assistance of counsel
19-5768 Steven Villalona v. Florida Florida 2019-08-30 Denied Response WaivedIFP barker-v-wingo constitutional-law criminal-procedure detainer due-process prisoner-rights rehabilitative-programs sixth-amendment smith-v-hooey speedy-trial What effect, if any, does the filing of a detainer have on a prisoner's right to a speedy trial under the Sixth Amendment?
19-5770 Danny Lee Banks v. United States Sixth Circuit 2019-08-30 Denied Response WaivedIFP criminal-procedure due-process fifth-amendment fourteenth-amendment johnson-precedent residual-clause sentencing sixth-amendment unconstitutional unconstitutional-sentencing Did the appeals court and district court violate bank's fifth, sixth and fourteenth amendment rights by upholding a sentence that was based on the unc…
19-5758 Peter J. Hanson v. Wisconsin Wisconsin 2019-08-29 Denied Response WaivedIFP confrontation-clause criminal-procedure due-process evidence hearsay out-of-court-statements sixth-amendment testimonial-evidence Whether out-of-court statements offered for purposes 'other than their truth' ever implicate the Sixth Amendment right to Confrontation?
19-5723 Melvin Bernard Thompson v. Mark S. Inch, Secretary, Florida Department of Corrections Eleventh Circuit 2019-08-28 Denied IFP Almendarez-Torres Apprendi-v-New-Jersey criminal-procedure criminal-sentencing due-process fourteenth-amendment habeas-corpus judicial-discretion sentencing sentencing-guidelines sixth-amendment stare-decisis Can a Florida Law permit a judicial discretion-upward-departure sentence beyond sentencing-guidelines without violating Sixth-Amendment Fourteenth-Ame…
19-256 Yuzef Abramov v. United States Ninth Circuit 2019-08-28 Denied Response Waived constitutional-powers counsel-of-choice due-process extraterritorial-jurisdiction foreign-commerce-clause necessary-and-proper necessary-and-proper-clause sixth-amendment standing statutory-interpretation treaty-power Whether it is constitutional to extend 18 U.S.C. § 2423(c) to noncommercial conduct allegedly committed by a foreign citizen and resident against othe…
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…
19-5712 Ivan Lee Vasquez v. California California 2019-08-26 Denied Response WaivedIFP confrontation-rights content-based-messaging fair-trial fourteenth-amendment inherently-prejudicial sixth-amendment trial-spectator-conduct May trial spectator conduct, in the form of content-based messaging, be 'so inherently prejudicial as to pose an unacceptable threat' to the fair-tria…
19-250 Oklahoma v. Jesse Allen Johnson Oklahoma 2019-08-26 GVR Response RequestedResponse WaivedRelisted (5) constitutional-rights criminal-procedure cruel-and-unusual-punishment eighth-amendment jury-factfinding jury-trial juvenile-sentencing life-without-parole miller-v-alabama montgomery-v-louisiana sixth-amendment Does the Sixth Amendment require that the individualized sentencing proceeding necessary to impose a life-without-parole sentence upon a juvenile homi…
19-243 Richard M. Camacho v. United States Armed Forces 2019-08-23 Denied Response Waived criminal-procedure due-process ineffective-assistance-of-counsel military-justice presumption-of-innocence prosecutorial-misconduct sexual-assault sixth-amendment sufficiency-of-evidence Whether the Army's Sexual Harassment Assault Response and Prevention Program (SHARP) reversed the constitutional presumption of innocence
19-5605 Stephen Alan Macomber v. Kansas Kansas 2019-08-23 Denied Response WaivedIFP 4th-amendment 5th-amendment burden-of-proof civil-liberties constitutional-rights due-process equal-protection fair-trial fourteenth-amendment sixth-amendment state-action use-of-force Did the trial courts fail to give a specific use-of-force presumption, thereby lowering the burden of proof for the state and violating the defendant'…
19-5607 Felix Summers v. John E. Wetzel, Secretary, Pennsylvania Department of Corrections, et al. Third Circuit 2019-08-23 Denied Response WaivedIFP confrontation-clause constitutional-rights criminal-procedure due-process effective-assistance-of-counsel evidence right-to-counsel sixth-amendment Denial of Sixth Amendment right of confrontation
19-5693 Harlow Hutchinson v. Louisiana Louisiana 2019-08-23 Denied Response RequestedResponse WaivedRelisted (3)IFP constitutional-amendment criminal-procedure due-process fifth-amendment fourteenth-amendment jury-trial jury-unanimity sixth-amendment unanimous-verdict Whether Petitioner was constitutionally entitled to a unanimous jury under the Fifth, Sixth, and Fourteenth Amendments to the United States Constituti…
19-5694 Craig Farley v. Ralph Diaz, Secretary, California Department of Corrections and Rehabilitation Ninth Circuit 2019-08-23 Denied IFP consciousness-of-guilt constitutional-rights counsel-performance criminal-trial exculpatory-evidence identification-evidence ineffective-assistance ineffective-assistance-of-counsel lack-of-identification-evidence phone-records sixth-amendment strickland-standard trial-counsel Is there any reasonable argument that trial counsel satisfied the Strickland standard when he failed to introduce crucial lack of identification evide…
19-5695 Riodejuonerol Hudson v. Charles Bradley, Warden Sixth Circuit 2019-08-23 Denied Response WaivedIFP aedpa aedpa-deference appellate-counsel appellate-procedure complete-defense due-process fourteenth-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-instruction sixth-amendment standard-of-review Does the denial of an 'application' alone constitute a decision 'on the merits' that warrants AEDPA deference?
19-5696 Adrian Francis Williams v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2019-08-23 Denied Response WaivedIFP 6th-amendment constitutional-rights custody discovery due-process fourth-amendment jurisdiction prosecutorial-misconduct sixth-amendment speedy-trial state-law Whether the petitioner's speedy trial rights were violated by the delay in bringing him to trial
19-5700 Maximo Brito-Tejeda v. United States First Circuit 2019-08-23 Denied Response WaivedIFP client-request constitutional-right due-process garza-v-idaho habeas-corpus ineffective-assistance ineffective-assistance-of-counsel legal-malpractice notice-of-appeal procedural-default right-to-appeal sixth-amendment Whether Garza v. Idaho, 139 S. Ct. 738 (2019), applies to petitioner's claim that his defense counsel was ineffective by failing to file a notice of a…
19-5703 Eric Massey v. Darrel Vannoy, Warden Fifth Circuit 2019-08-23 Denied IFP 14th-amendment 6th-amendment constitutional-rights counsel-effectiveness critical-stage effective-assistance-of-counsel habeas-corpus sixth-amendment strickland-standard strickland-v-washington Was the real question before the court counsel's effectiveness?
19-5644 Keith Stuart Cumbee v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-08-21 Denied IFP criminal-procedure does-judicial-confession double-jeopardy due-process due-process-clause fifth-amendment fourteenth-amendment habeas-corpus indigent-defendant judicial-confession legal-assistance legal-assistance-clause sixth-amendment without-prior-appointment-of-counsel without-waiver Does judicial confession in this case, without a waiver and without prior appointment of counsel for an indigent defendant, violate the Legal Assistan…
19-5655 Chadwick N. Barner v. Illinois Illinois 2019-08-21 Denied Response WaivedIFP appellate-review constitutional-rights criminal-procedure due-process equal-protection fair-trial illinois-supreme-court-rule-431(b) impartial-jury jury-selection post-conviction-relief sixth-amendment voir-dire Whether the trial court violated the defendant's constitutional rights by failing to properly administer the jury selection process under Illinois Sup…
19-5635 Shango Jaja Greer v. United States Ninth Circuit 2019-08-19 Denied Response WaivedIFP brady-violation due-process grand-jury ineffective-assistance prosecutorial-misconduct sixth-amendment sufficiency-of-evidence Did the District Court improperly condone the prosecutor's profligate misconduct?
19-5610 Richard Felton v. Colette M. Goguen, Superintendent, North Central Correctional Institution First Circuit 2019-08-16 Denied Response WaivedIFP appellate-review certificate-of-appealability civil-procedure counsel-interference court-closure cronic-v-united-states due-process federal-courts habeas-corpus presley-v-georgia public-trial sixth-amendment standing waller-v-georgia Whether the United States Court of Appeals for the First Circuit contravened this Court's holding in Terrell v. Morris, 493 U.S. 1 (1989) (per curiam)…
19-5614 Robert Ricks v. United States Fifth Circuit 2019-08-16 Denied Response WaivedIFP compulsory-process criminal-procedure defense-witness due-process fifth-amendment immunity perjury perjury-threat prosecutorial-misconduct sixth-amendment witness-immunity witness-intimidation Whether the grant of use and derivative use immunity to a defense witness cured the government's misconduct when the case agent threatened the defense…
19-5624 Zachary William Hicks v. United States Ninth Circuit 2019-08-16 Denied Response WaivedIFP abuse-of-discretion criminal-procedure criminal-sentencing due-process hicks-factors ineffective-assistance judicial-review sentencing-factors sentencing-guidelines sentencing-review sixth-amendment trial-court-discretion Whether the Trial Court Imposed an Unreasonable Sentence by Failing to Adequately Consider Hicks' Factors and Whether Trial Counsel Rendered Ineffecti…
19-5554 Andres Soto v. United States Ninth Circuit 2019-08-13 Denied Response WaivedIFP 5th-amendment circuit-split civil-rights constitutional-rights custody due-process fifth-amendment miranda-custody miranda-v-arizona police-encounter reasonable-person-test sixth-amendment Whether courts must give significant weight to whether an accused person reasonably feels free to leave a police encounter when determining if they ar…
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…
19-5537 Benjamin Escobedo v. Texas Texas 2019-08-09 Denied IFP 6th-amendment appellate-review constitutional-provisions constitutional-rights criminal-procedure criminal-procedure-defects-indictment due-process indictment jurisdiction motion-to-close motion-to-quash sixth-amendment trial-court Did the Trial Court err when it overruled Appellants Motion to Quash the Amended Indictment?
19-5543 Arnold Maurice Mathis v. United States Eleventh Circuit 2019-08-09 Denied Response WaivedIFP certificate-of-appealability fourth-amendment independent-source-doctrine ineffective-assistance sixth-amendment warrantless-search Whether trial counsel was ineffective in violation of the Sixth Amendment
19-5545 Todd Allen Wheeler v. Michigan Michigan 2019-08-09 Denied IFP 14th-amendment 6th-amendment due-process effective-assistance-of-counsel ineffective-assistance-of-counsel plain-error severance sixth-amendment trial-joinder Whether Mr. Wheeler was denied his constitutional right to due process and effective assistance of counsel
19-183 Mark Douglas Robison v. Texas Texas 2019-08-09 Denied Response Waived criminal-defense due-process ineffective-assistance ineffective-assistance-of-counsel prejudice prejudice-analysis sixth-amendment strickland-standard strickland-v-washington trial-fairness trial-outcome Whether a criminal-defense attorney's deficient performance under Strickland v. Washington affects the trial's outcome or renders the trial fundamenta…
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 …
19-5505 Jose Hernandez-Carbajal v. United States Fourth Circuit 2019-08-08 Denied Response WaivedIFP due-process effective-assistance-of-counsel evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel notice-of-appeal plea-agreement plea-bargaining sentencing sentencing-error sentencing-guidelines sixth-amendment Whether Petitioner's Sixth Amendment Rights to the Effective Assistance of Counsel Was Violated
19-5449 Richard Shelley v. United States Eleventh Circuit 2019-08-06 Denied Response WaivedIFP batson-challenge batson-v-kentucky constitutional-violation criminal-procedure due-process fair-trial jury-selection peremptory-strike sixth-amendment sixth-amendment-right-to-fair-trial Whether the district court erred in finding that Shelley failed to object to the government's use of a peremptory strike, thereby causing a 5th Amendm…
19-5453 Juan Pablo Revelo Salcedo v. United States Fifth Circuit 2019-08-06 Denied Response WaivedIFP affidavit appointment-of-counsel civil-procedure criminal-procedure declaration financial-disclosure in-forma-pauperis ineffective-assistance judicial-access motion motion-to-substitute-counsel poverty poverty-affidavit pro-se-litigation redress right-to-counsel sixth-amendment Whether the Sixth Amendment right to effective assistance of counsel requires a court to appoint new counsel when a defendant expresses dissatisfactio…
19-5473 Samuel Benzant v. Mark S. Inch, Secretary, Florida Department of Corrections Eleventh Circuit 2019-08-06 Denied IFP 28-usc-2253 appellate-procedure certificate-of-appealability constitutional-right constitutional-rights criminal-procedure due-process federal-habeas-corpus habeas-corpus ineffective-assistance-of-counsel sixth-amendment standard-of-review Whether the court of appeals improperly denied the Petitioner a certificate of appealability under 28 U.S.C. § 2253(c)
19-5481 Jomo Williams v. United States Second Circuit 2019-08-06 Denied Response WaivedIFP 5th-amendment 6th-amendment confrontation-clause confrontation-rights criminal-procedure due-process evidence federal-rule-of-evidence fifth-amendment jury sixth-amendment Were Petitioner's Fifth and Sixth Amendment due process rights obliterated
19-5459 Edward Lee Carter v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-08-05 Denied Relisted (2)IFP appellate-review civil-rights constitutional-rights criminal-procedure due-process fair-trial impartial-judge judicial-impartiality judicial-misconduct sixth-amendment Whether a criminal defendant is constitutionally entitled to a fair trial from an impartial judge who is not corrupt to preside and rule over his tria…
19-5433 In Re Steven Bleau 2019-08-02 Denied Response WaivedIFP actual-innocence collateral-review death-penalty due-process ineffective-assistance ineffective-assistance-of-counsel martinez-exception newly-discovered-evidence sixth-amendment Whether Bleau was deprived of his constitutional rights under the Due Process Clause and Sixth Amendment when his newly presented exculpatory evidence…
19-159 Carlos Tapia v. New York New York 2019-08-02 Denied Response RequestedResponse WaivedRelisted (2) confrontation-clause criminal-procedure cross-examination due-process evidence memory-loss sixth-amendment testimonial-statement Whether a witness's total memory loss prevents him from testifying about his prior out-of-court testimonial statement, and whether the witness's mere …
19-5409 Brady Daniel v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-07-31 Denied Relisted (2)IFP civil-rights due-process fifth-amendment fourteenth-amendment fourth-amendment ineffective-assistance-of-counsel sixth-amendment texas-code-of-criminal-procedure texas-constitution warrantless-search Whether the actions of Nawis County Sheriff's Department violate the constitutional and statutory rights of petitioner Brady A. Daniel under the Fourt…
19-5420 Kendrick Terrell v. United States Eleventh Circuit 2019-07-31 Denied Response WaivedIFP appeal criminal-procedure due-process eighth-amendment ineffective-assistance ineffective-assistance-of-counsel plain-error prior-charges sentence-enhancement sentencing sentencing-calculation sentencing-guidelines sixth-amendment Whether the Petitioner's Sixth Amendment Rights were violated
19-5376 Alan Lewis Doering v. Wendy Kelley, Director, Arkansas Department of Correction, et al. Eighth Circuit 2019-07-30 Denied Response WaivedIFP 5th-amendment civil-procedure civil-rights due-process standing takings confrontation-clause criminal-procedure due-process evidence sixth-amendment sixth-circuit Whether the Sixth Circuit Court of Appeals erred in its interpretation of the Confrontation Clause of the Sixth Amendment
19-5390 In Re Francisco Narvaez 2019-07-30 Denied Response WaivedIFP adequate-representation civil-rights constitutional-rights due-process effective-assistance-of-counsel fifth-amendment ineffective-assistance-counsel legal-representation procedural-error professional-conduct sixth-amendment speedy-trial Whether the petitioner's Sixth Amendment right to effective assistance of counsel was violated due to his attorneys' failure to file a motion to suppr…
19-5394 Michael Leon Bell v. California California 2019-07-30 Denied IFP aggravating-circumstances capital-punishment constitutional-procedure death-penalty due-process fourteenth-amendment jury-fact-finding jury-trial mitigating-circumstances reasonable-doubt sentencing sentencing-standards sixth-amendment Does California's death penalty scheme violate the requirement that every fact, other than a prior conviction, that serves to increase the statutory m…
19-5375 Sean Daniels v. Shane Jackson, Warden Sixth Circuit 2019-07-29 Denied Response WaivedIFP actual-innocence due-process fifth-amendment ineffective-assistance judicial-misconduct prosecutorial-misconduct sixth-amendment Was Mr. Daniels denied effective-assistance-of-counsel
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…
19-5351 Johnny Lee Johnson v. William Sperfslage Eighth Circuit 2019-07-26 Denied Response RequestedRelisted (2)IFP due-process fifth-amendment ineffective-assistance ineffective-assistance-of-counsel plain-error-review shackling sixth-amendment Whether the due process provisions of the Fifth and Sixth Amendments require a plain error review when a defendant is shackled in view of a jury or if…
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
19-5295 In Re Larry Charles 2019-07-24 Denied Relisted (2)IFP due-process exceptional-circumstances fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel mandamus right-to-appeal sixth-amendment supreme-court-precedent writ-of-mandamus Do exceptional circumstances exist in the Petitioner's case that justify granting his Petition seeking a Writ of Mandamus when he has demonstrated a c…
19-5310 Rodolfo Cantu, Jr., aka Lil Rudy v. United States Fifth Circuit 2019-07-24 Denied Response WaivedIFP confrontation-right crawford-v-washington due-process fifth-amendment hearsay sentencing sentencing-enhancement sentencing-proceedings sixth-amendment Was the enhancement for a credible threat improper considering the district court's partial reliance on hearsay facts outside the record, which violat…
19-5317 Alonzo Vernon v. United States Second Circuit 2019-07-24 Denied Response WaivedIFP appellate-review chapman-v-california constitutional-rights criminal-procedure due-process evidence fair-trial harmless-error jones-v-stinson sixth-amendment Whether the Second Circuit's decision in the instant case created a conflict with the Court's decision in Chapman, supra?
19-5322 Ottis J. Cummings, Jr., aka Ottis Junior Cummings, aka Otis Cummings, aka Ottis J. Cummings, aka Otis J. Cummings v. Mississippi Mississippi 2019-07-24 Denied Response WaivedIFP civil-rights constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance judicial-review legal-procedure right-to-counsel sixth-amendment standing Whether Counsel's Ineffective Assistance Deprived the Petitioner of Some Substantive or Procedural Right to which the Law Entitles Him?
19-5266 Clarence E. Scott, Jr. v. Steven Johnson, Administrator, New Jersey State Prison, et al. Third Circuit 2019-07-23 Denied IFP constitutional-rights due-process fair-trial fourteenth-amendment ineffective-assistance-of-counsel sixth-amendment strickland-standard strickland-v-washington Whether the district court ruling that Petitioner was not denied his right to the effective assistance of counsel, due process of the law and right to…
19-5286 Adam Patton v. Arkansas Arkansas 2019-07-23 Denied Response WaivedIFP constitutional-rights criminal-defendant criminal-procedure due-process forfeiture right-to-counsel sixth-amendment waiver Whether a criminal defendant, who has not knowingly and intelligently waived his Sixth Amendment right to counsel and who clearly requests the assista…
19-5275 Richard Michael Mathisen v. United States Fourth Circuit 2019-07-22 Denied Response WaivedIFP 6th-amendment criminal-procedure due-process evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel plea-bargaining post-conviction-relief right-to-counsel sentencing sentencing-hearing sixth-amendment Whether the district court and Fourth Circuit erred in denying Mr. Mathisen's 28 U.S.C. § 2255 motion based on ineffective assistance of counsel
19-5279 Miguel Esparza-Salazar v. United States Fifth Circuit 2019-07-22 Denied Response WaivedIFP almendarez-torres almendarez-torres-v-united-states apprendi-rule apprendi-v-new-jersey criminal-procedure illegal-entry prior-convictions sentencing sentencing-factors sixth-amendment statutory-interpretation statutory-maximum Whether a criminal defendant charged with illegal entry under 8 U.S.C. § 1326(b)(1) and (2) is entitled to notice in the indictment of prior convictio…
19-107 Vincent Asaro v. United States Second Circuit 2019-07-22 Denied Amici (3)Response RequestedResponse WaivedRelisted (3) 5th-amendment 6th-amendment acquitted-conduct criminal-procedure criminal-sentencing due-process fifth-amendment jury-trial-right sentencing sixth-amendment Whether the Fifth and Sixth Amendments prohibit a federal court from basing a criminal defendant's sentence on conduct underlying a charge for which t…
19-5220 Hernardo Medina-Villegas v. United States First Circuit 2019-07-19 Denied Response WaivedIFP constitutional-claims due-process prejudice reasonableness sixth-amendment constitutional-rights due-process habeas-corpus ineffective-assistance-counsel ineffective-assistance-of-counsel legal-standard prejudice reasonableness-standard sixth-amendment standard-of-reasonableness Did the trial and appellate counsel's performance fall below an objective standard of reasonableness and prejudice the petitioner?
19-5255 Frank Lobacz v. United States Second Circuit 2019-07-19 Denied Response WaivedIFP 28-usc-2255 appellate-review court-of-appeals criminal-procedure due-process habeas-corpus ineffective-assistance judicial-error per-se-ineffectiveness procedural-default second-circuit section-2255 sixth-amendment strickland-v-washington trial-counsel Whether the Court of Appeals for the Second Circuit erred in affirming the lower court's denial of Petitioner's 28 U.S.C. § 2255 petition alleging ine…
19-5256 Anthony J. Livingstone v. United States Armed Forces 2019-07-19 Denied Response WaivedIFP confrontation-clause confrontation-rights criminal-procedure discovery due-process military-justice military-rules-of-evidence prosecutorial-misconduct sixth-amendment special-victims-counsel Was the 6th Amendment right to confront witnesses violated due to a misapplication of MRE 412?
19-5258 Ernest Morris v. Pennsylvania Third Circuit 2019-07-19 Denied IFP 60(b)(6) change-in-decisional-law change-in-law civil-procedure constitutional-relief decisional-law due-process federal-rules-of-civil-procedure habeas-corpus relief rule-60(b) search-and-seizure sixth-amendment standing Should relief under Fed.R.Civ.P. 60(b)(6) be available to habeas corpus petitioners when a change in decisional law occurs?
19-5200 In Re Isidro Roman 2019-07-17 Denied Response WaivedRelisted (2)IFP actual-innocence brady-v-maryland brady-violation civil-rights due-process habeas-corpus ineffective-assistance-of-counsel sixth-amendment Was petitioner denied effective assistance of counsel below the standard mandate of the United States Constitution Amendment Six?
19-5224 Lee Chang v. Wisconsin Wisconsin 2019-07-17 Denied Response WaivedIFP brady-violation due-process evidence evidence-translation evidentiary-hearing fair-trial fundamental-fairness ineffective-assistance ineffective-assistance-of-counsel law-enforcement sixth-amendment Was recorded evidence by law enforcement and presented by the prosecutor given in a timely manner as well as can it be considered a Brady violation du…
19-5177 James Alvin Chaney v. United States Sixth Circuit 2019-07-15 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process fifth-amendment impartial-jury inter-circuit-split juror-allegation juror-misconduct jury sixth-amendment trial-court trial-procedure Is a criminal defendant's Fifth Amendment right of due process and Sixth Amendment right to a trial by an impartial jury violated when the trial court…
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
19-5167 Christian Don'tae Hood v. United States Fourth Circuit 2019-07-12 Denied Response WaivedIFP cellular-phone co-defendant compelled-testimony compulsory-process evidence-admissibility fifth-amendment fifth-amendment-rights jury-instruction post-arrest-interview search-and-seizure self-incrimination sixth-amendment Whether the trial court erred in admitting the appellant's post-arrest interview when the government violated his Fifth Amendment rights by forcibly u…
19-5150 Irvin Junior Phillips v. United States Sixth Circuit 2019-07-11 Denied Response WaivedIFP 18-usc-924e apprendi-rule apprendi-v-new-jersey criminal-law criminal-procedure due-process indictment-requirements prior-conviction prior-convictions sentencing sentencing-enhancement sixth-amendment statutory-interpretation supreme-court-review Whether the Court should consider the continuing validity of Almendarez-Torres v. United States
19-5130 Tammie McConico v. United States Eleventh Circuit 2019-07-10 Denied Response WaivedIFP circuit-courts circumstantial-evidence equal-protection federal-circuit-courts reasonable-doubt sixth-amendment standard-of-review Whether the Sixth Amendment requires proof beyond a reasonable doubt, even in a circumstantial case?
19-5131 Steven L. Rackley v. Brigham Sloan, Warden Sixth Circuit 2019-07-10 Denied Response WaivedIFP actual-innocence constitutional-rights dismissal due-process fifth-amendment fourth-amendment guilty-plea habeas-corpus ineffective-assistance-of-counsel ineffective-counsel involuntary-manslaughter notice post-indictment-delay probable-cause sixth-amendment statute-of-limitations statute-of-limitations
19-5132 Kenneth D. Sills v. Anne L. Precythe, Director, Missouri Department of Corrections Eighth Circuit 2019-07-10 Denied Response WaivedIFP batson-v-kentucky constitutional-rights criminal-procedure flowers-v-mississippi ineffective-assistance ineffective-assistance-of-counsel jury-selection peremptory-challenges prosecutorial-misconduct racial-discrimination sixth-amendment Whether certiorari should be granted where trial counsel was ineffective in failing to object to the prosecution's pretextual explanation for exercisi…
19-5137 Albert Duval Gray v. United States Fourth Circuit 2019-07-10 Denied Response WaivedIFP appeals appellate-review constitutional-law constitutional-rights criminal-procedure due-process federal-law fifth-amendment revocation-sentence sentencing sixth-amendment Whether the writ should issue so that this Court may decide whether Petitioner's revocation sentence violated the Fifth and Sixth Amendments
19-5110 Barry Bays v. United States Fifth Circuit 2019-07-09 Denied Response WaivedIFP controlled-substance-analog controlled-substance-analogue controlled-substances criminal-procedure due-process ex-post-facto fifth-amendment fraud scienter scienter-requirement sentencing sentencing-enhancement sixth-amendment Whether a defendant's sentence for fraud offenses that applied 21 U.S.C. § 802(32), USSG § 2B1.1(b)(1), and USSG §2D1.1 and treated Bays as a 'control…
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…
19-5126 Jesus M. Garcia v. Tammy Ferguson, Superintendent, State Correctional Institution at Phoenix, et al. Third Circuit 2019-07-09 Denied IFP appellate-review constitutional-violation criminal-procedure due-process fourth-amendment habeas-corpus ineffective-assistance sixth-amendment trial-counsel wiretap wiretap-evidence Did the district court and appeals court err in denying appellant relief on ineffective assistance of trial counsel due to counsel's failing to object…
19-5053 Brandon M. Hicks v. Renee Baker, Warden, et al. Ninth Circuit 2019-07-03 Denied Response WaivedIFP 6th-amendment civil-rights constitutional-law constitutional-rights criminal-procedure due-process evidence-admissibility fair-trial ineffective-assistance-of-counsel judicial-conduct plea-bargaining sentencing separation-of-powers sixth-amendment Whether the judge's extra language in the judgment of conviction, in context with his conduct at sentencing, is a violation of the Separation of Power…
19-5062 Henry Lee Jones v. Tennessee Tennessee 2019-07-03 Denied IFP capital-punishment confrontation-clause due-process eighth-amendment fourteenth-amendment Hearsay sixth-amendment witness-testimony Did depriving the Petitioner of his ability to confront and cross-examination the key evidence at his capital trial violate the Sixth, Eighth, and Fou…
19-5038 Donald Willems v. United States Eleventh Circuit 2019-07-02 Denied Response WaivedIFP appeal-waiver constitutional-protections contract-law criminal-procedure due-process plea-agreement right-to-counsel sixth-amendment speedy-trial Does an Appeal Waiver which is contained within a Plea Agreement toll the filing of a Notice to Appeal under the Sixth Amendments right to a speedy tr…
19-5049 Michael Wilson v. Shawn Hatton, Warden Ninth Circuit 2019-07-02 Denied IFP civil-procedure civil-rights constitutional-right constitutional-rights district-court due-process habeas-corpus jurists-of-reason procedural-ruling sixth-amendment standing Whether jurists of reason would find it debatable whether the petition states a valid claim of a denial of a constitutional right, and whether jurists…
19-5020 Khaleefa Lambert v. Darren Settles, Acting Warden Sixth Circuit 2019-07-01 Denied IFP criminal-procedure felony-murder ineffective-assistance ineffective-assistance-of-counsel murder-conviction prejudice premeditated-murder reasonable-jury sixth-amendment standard-of-review sufficiency-of-evidence trial-counsel Did the Sixth Circuit err in denying Petitioner's claim that his trial counsel's performance was so deficient as to prejudice the outcome of the trial…
19-5023 Jason Keith Walker v. United States Ninth Circuit 2019-07-01 Denied Response WaivedIFP brady-v-united-states brady-violation due-process fifth-amendment giglio-v-united-states ineffective-assistance ineffective-assistance-of-counsel napue-v-illinois plea-bargaining plea-negotiations prosecutorial-misconduct sentencing sixth-amendment Whether the petitioner is entitled to a certificate of appealability
19-5028 Osvaldo Vasquez v. United States First Circuit 2019-07-01 Denied Response WaivedIFP due-process fifth-amendment fourth-amendment fundamental-fairness gps-tracking gps-warrant sixth-amendment warrant-challenge wiretap-warrant Whether the Petitioner was denied his fundamental constitutional rights to Due Process and Fundamental Fairness
19-12 Kevin Sewell v. Maryland Maryland 2019-07-01 Denied Response Waived compelled-speech confrontation-clause due-process equal-protection fifth-amendment-self-incrimination first-amendment first-amendment-compelled-speech overbreadth self-incrimination sixth-amendment sixth-amendment-confrontation-clause Whether Maryland's law imposing a duty to report suspected child abuse or neglect on all persons in the State violates the First Amendment where it ma…
19-14 In Re Thomas F. Williams 2019-07-01 Denied due-process fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel jury-bias miscarriage-of-justice procedural-default prosecutor-misconduct sixth-amendment trial-by-jury trial-court-issues Whether the federal district & circuit court and the Florida State courts violated the Petitioner's 6th-&-14th-Amendment-rights
19-5014 Ricardo Donate-Cardona v. United States Third Circuit 2019-07-01 GVR IFP affidavit appointed-counsel civil-procedure civil-rights constitutional-law constitutional-review court-filing defendant-dissatisfaction due-process effective-assistance-of-counsel in-forma-pauperis indigent-status legal-redress poverty-affidavit sixth-amendment standing substitute-counsel Whether the Sixth Amendment right to effective assistance of counsel requires a court to appoint substitute counsel when a defendant expresses dissati…
19-5009 Keon Anthony Nixon v. United States Tenth Circuit 2019-06-28 Denied Response WaivedIFP balancing-test barker-v-wingo constitutional-rights criminal-procedure due-process post-indictment-delay prejudice right-to-counsel sixth-amendment speedy-trial speedy-trial-right Whether a defendant's 'failure to invoke the right to a speedy trial would be weighed heavily against him,' despite 'his lack of representation,' and …
19-6 New York v. Jahmarley Jones New York 2019-06-28 Denied Response RequestedRelisted (2) confrontation-clause crawford-v-washington criminal-procedure gang-evidence police-investigation police-investigations sixth-amendment testimonial-evidence testimonial-statements Whether statements made by individuals during routine police investigations — prior to the commission of a specific crime, the identification of a sus…
18-9811 Eli Sloan v. United States Ninth Circuit 2019-06-27 Denied Response WaivedIFP civil-rights criminal-jurisdiction due-process equal-protection federal-jurisdiction indian-law indigent-counsel native-american-rights sixth-amendment standing tribal-sovereignty uncounseled-conviction Are (Navajo Indians) Native American Indians U.S. citizens within the jurisdictions of 18 U.S.C.S § 1153 (Indian Country)?
18-9821 Robert Lee Heard, Jr. v. Louisiana Louisiana 2019-06-27 GVR Response RequestedResponse WaivedRelisted (3)IFP Apodaca-v-Oregon criminal-conviction criminal-procedure due-process fourteenth-amendment jury-trial nonunanimous-jury-verdict nonunanimous-verdict sixth-amendment Does the right to a jury trial guaranteed by the Sixth Amendment allow a state-court criminal conviction to stand on a nonunanimous jury verdict?
18-9823 Freddie Lee Morris v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2019-06-27 Denied IFP coerced-confession criminal-procedure due-process fifth-amendment fourteenth-amendment habeas-corpus informant involuntary-plea manifest-injustice paid-informant procedural-grounds right-to-counsel sixth-amendment Whether the state of Florida violated petitioner's sixth amendment right to the assistance of counsel
18-9825 Shepell Orr v. Ron Neal, Superintendent, Indiana State Prison Seventh Circuit 2019-06-27 Denied Response WaivedIFP 14th-amendment 14th-amendment-equal-protection 4th-amendment 4th-amendment-seizure 5th-amendment 5th-amendment-due-process 6th-amendment 6th-amendment-fair-trial 8th-amendment-cruel-punishment circuit-court-conflict fifth-amendment fourteenth-amendment fourth-amendment ineffective-assistance-of-counsel sixth-amendment sudden-heat Whether the 7th Circuit Court of Appeals' decision conflicts with another circuit court decision and a state court decision, and whether the petitione…
18-9834 Carlos Alberto Ochoa-Orozco v. United States Fifth Circuit 2019-06-27 Denied Response WaivedIFP constitutional-error cumulative-error due-process fair-trial federal-rules-of-criminal-procedure ineffective-assistance-of-counsel ineffective-counsel plea-bargaining prosecutorial-misconduct rule-18 sentencing sixth-amendment venue venue-challenge Whether the district court violated Appellant's right to due process and his Sixth Amendment right to a fair trial
18A1366 Julio Mario Haro-Verdugo v. United States Ninth Circuit 2019-06-27 Presumed Complete conflict-of-interest constitutional-violation fair-trial ineffective-assistance prosecutorial-misconduct sixth-amendment Whether a criminal defendant's Sixth Amendment right to effective assistance of counsel is violated when an undisclosed romantic relationship exists b…
18-9816 Kabil Anton Djenasevic, aka Anton Genase, aka Kabil Genase, aka Kabil Kraja v. United States Eleventh Circuit 2019-06-26 Denied Response WaivedIFP civil-rights conspiracy-law criminal-procedure due-process evidence false-testimony fifth-amendment fourteenth-amendment fourth-amendment judicial-notice sixth-amendment standing Whether petitioner was denied his Fourth, Fifth, Sixth, and Fourteenth Amendment rights
18-9787 Jace Crehan v. Louisiana Louisiana 2019-06-25 GVR Response RequestedResponse WaivedRelisted (3)IFP constitutional-amendment criminal-procedure due-process fifth-amendment fourteenth-amendment jury-trial jury-unanimity sixth-amendment unanimous-jury unanimous-verdict Whether Petitioner was constitutionally entitled to a unanimous jury under the Fifth, Sixth, and Fourteenth Amendments to the United States Constituti…
18-9795 Gregory A. Barto v. Mark Garmon, Superintendent, State Correctional Institution at Rockview, et al. Third Circuit 2019-06-25 Denied IFP certificate-of-appealability cross-examination due-process effective-cross-examination evidence-tampering habeas-corpus procedural-default prosecutorial-misconduct sixth-amendment state-court-review sufficiency-of-evidence Whether the court of appeals decision to deny a COA concluding that petitioner sufficiency of evidence claim was procedurally defaulted based on state…
18-1579 Ronnie Ricks, Jr. v. Texas Texas 2019-06-25 Denied Response Waived 5th-amendment criminal-procedure custodial-interrogation defendant-rights due-process evidence miranda right-to-counsel self-incrimination sixth-amendment testimonial-evidence video-evidence Whether showing a videotape containing testimonial actions is proper, after an accused has invoked his right to counsel?
18-9764 Adnan Ibrahim Harun A. Hausa v. United States Second Circuit 2019-06-24 Denied Response WaivedIFP 6th-amendment circuit-court-conflict circuit-split faretta faretta-inquiry pro-se pro-se-representation right-to-counsel sixth-amendment waiver waiver-of-counsel Should a defendant be found to have waived his right to counsel and proceed pro se even if he declines to answer the district court's questions?
18A1350 Yuzef Abramov v. United States Ninth Circuit 2019-06-21 Presumed Complete counsel-of-choice fair-trial gonzalez-lopez retained-counsel sixth-amendment structural-error Whether a defendant's Sixth Amendment right to counsel of choice is violated when a district court denies a timely request to substitute retained coun…
18-9736 Darius Kinney v. Ohio Ohio 2019-06-20 Denied Response RequestedRelisted (3)IFP 4th-amendment 6th-amendment constitutional-law criminal-procedure fourth-amendment ineffective-assistance-of-counsel motion-to-suppress search-and-seizure sixth-amendment warrant warrantless-search Were Petitioner's Sixth Amendment rights violated?
18-9737 Laquan L. Kellam v. United States Third Circuit 2019-06-20 Denied Response WaivedIFP constitutional-interpretation criminal-procedure eighth-amendment eighth-amendment-rights expert-witness-testimony fifth-amendment fifth-amendment-rights fourteenth-amendment fourteenth-amendment-rights fourth-amendment fourth-amendment-rights procedural-error search-and-seizure sixth-amendment sixth-amendment-rights statutory-interpretation warrantless-arrest Did the United States Court of Appeals for the Third Circuit abuse its discretionary, broadly-based authority of interpretation, thus, violating petit…
18-9744 Landon Quinn v. Darrel Vannoy, Warden Louisiana 2019-06-20 Denied Response RequestedResponse WaivedRelisted (2)IFP criminal-conviction due-process ineffective-assistance ineffective-assistance-of-counsel non-unanimous-verdict nonunanimous-verdict prejudice prejudice-prong sixth-amendment strickland-standard strickland-v-washington Whether the fact that a criminal conviction was returned by a non-unanimous verdict is relevant to a court's consideration of the prejudice prong of S…
18-9705 Leonard Moore v. United States Sixth Circuit 2019-06-19 Denied Response WaivedIFP 6th-amendment appellate-review certificate-of-appealability crime-of-violence criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel sentencing sentencing-enhancement sixth-amendment statutory-interpretation Whether 18 U.S.C. §1959(a)(3) qualifies as a crime of violence for the purpose of §924(c)(3)(A) element clause
18-1551 Joseph Q. Mirarchi v. Office of Disciplinary Counsel Pennsylvania 2019-06-19 Denied Response Waived attorney-disbarment constitutional-rights disbarment due-process due-process-clause effective-assistance-of-counsel expert-witness-testimony fourteenth-amendment ineffective-assistance-of-counsel medical-evidence mitigation-evidence neuropsychological-evidence sixth-amendment Whether the state supreme court order for attorney disbarment is inconsistent with the standards set forth in Selling v. Radford and In re Ruffalo, an…
18-1548 Miguel Alcantar v. Illinois Illinois 2019-06-18 Denied Response Waived third parties for the pretrial production of rele compulsory-process criminal-defendant documentary-evidence documentary-production pretrial-evidence sixth-amendment subpoena-duces-tecum subpoenas-duces-tecum third-parties Whether the Compulsory Process Clause of the Sixth Amendment guarantees to a criminal defendant the right to issue subpoenas duces tecum to private, t…
18-9698 Ruben Perez Gomez v. California California 2019-06-18 Denied IFP constitutional-requirement death-penalty fifth-amendment fourteenth-amendment jury jury-beyond-reasonable-doubt jury-finding reasonable-doubt sentencing-standard sixth-amendment statutory-maximum statutory-maximum-punishment Does California's death penalty scheme violate the requirement under the Fifth, Sixth, and Fourteenth Amendments that every fact other than a prior co…
18A1320 Adnan Syed v. Maryland Maryland 2019-06-18 Presumed Complete alibi-evidence constitutional-rights criminal-procedure ineffective-assistance sixth-amendment trial-counsel Whether a criminal defendant's Sixth Amendment right to effective assistance of counsel was violated by trial counsel's failure to investigate and pre…
18-9693 Kevin Sheppard v. Louisiana Louisiana 2019-06-17 GVR Response RequestedResponse WaivedRelisted (3)IFP constitutional-amendment criminal-procedure due-process fifth-amendment fourteenth-amendment jury-trial jury-unanimity sixth-amendment unanimous-verdict Whether Petitioner was constitutionally entitled to a unanimous jury under the Fifth, Sixth, and Fourteenth Amendments to the United States Constituti…
18-9674 Terence Tramaine Andrus v. Texas Texas 2019-06-14 GVR Amici (1)Relisted (24)IFP death-penalty due-process fourteenth-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sixth-amendment strickland-v-washington Does the Strickland standard fail to protect Sixth Amendment right to fair trial and Fourteenth Amendment right to due process in death-penalty cases …
18-9678 Binika L. Hankton v. Frederick Boutte, Warden Fifth Circuit 2019-06-14 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process due-process,criminal-procedure,evidence,jackson-v- evidence evidence-sufficiency fifth-amendment fourth-amendment jackson-v-virginia sixth-amendment standard-of-review sufficiency-of-evidence Is a conviction constitutionally suspect when the evidence used to convict does not meet the standards of Jackson?
18-9650 Shawn Pinson v. Texas Texas 2019-06-13 Denied IFP civil-rights confrontation-clause criminal-procedure due-process evidence fourteenth-amendment sixth-amendment standing testimony When be Bate Krouingt, used Se benany, a was, bogan be
18-9652 Cedric McDonald v. United States Eighth Circuit 2019-06-13 Denied Response WaivedIFP civil-rights constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel ineffective-counsel jury-selection racial-bias sixth-amendment trial-counsel voir-dire Whether trial counsel rendered ineffective counsel in failing to object to district court's use of a video in voir dire, which was designed to get jur…
18-9659 In Re Quisi Bryan 2019-06-13 Denied IFP constitutional-law death-penalty federal-review habeas-corpus hurst-claim hurst-v-florida jury-determination jury-trial retroactive-application retroactivity sixth-amendment sixth-circuit Whether the Ohio Supreme Court's merits denial of Bryan's Hurst claim was erroneous insofar as appellate reweighing cannot cure the errors that affect…
18-9664 Lilron Ravon Jones v. California California 2019-06-13 Denied Response RequestedResponse WaivedRelisted (2)IFP apprendi apprendi-rule Apprendi-v-New-Jersey constitutional-procedure Descamps due-process jury-trial jury-trial-right juvenile-adjudication Mathis prior-conviction-exception sentence-enhancement sentencing-enhancement sixth-amendment Whether it is constitutionally permissible to use a prior juvenile adjudication to enhance a sentence regardless of whether the juvenile had a right t…
18-9665 Alejandro Hernandez-Delgado v. California California 2019-06-13 Denied Response RequestedRelisted (2)IFP criminal-procedure due-process evidence-code evidentiary-hearing fourteenth-amendment juror-bias juror-misconduct jury-deliberations racial-bias racial-stereotypes sixth-amendment What fact-finding procedures are required by the Sixth and Fourteenth Amendments when a defendant makes a threshold showing that a juror relied on rac…
18-9632 Major Hudson, III v. Oklahoma Oklahoma 2019-06-12 Denied IFP 14th-amendment due-process ineffective-assistance laches liberty-interest miscarriage-of-justice procedural-default sixth-amendment Where a procedural default is the result of ineffective assistance of counsel and the state's responsibility, can the state use laches to avoid correc…
18-9598 James W. Guy v. Ohio Ohio 2019-06-11 Denied Response WaivedIFP civil-rights constitutional-rights criminal-procedure due-process fifth-amendment first-amendment fourteenth-amendment free-speech jury-bias jury-selection prejudice religion religious-discrimination religious-freedom sixth-amendment Did the trial court violate a Muslim defendant's Constitutional Rights under the First, Fifth and Fourteenth Amendments to the United States Constitut…
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…
18-9630 Michael Mancil Brown v. United States Sixth Circuit 2019-06-11 Denied Response WaivedIFP 6th-amendment 6th-amendment,effective-counsel,mistrial,closing-a closing-arguments constitutional-violation criminal-procedure due-process effective-counsel mistrial sixth-amendment trial trial-rights Was the Petitioner's 6th Amendment Rights to effective counsel violated when Petitioner's Attorney refused a mistrial offer by the Court without consu…
18A1297 Joshua Wayne Riley v. United States Fourth Circuit 2019-06-11 Presumed Complete constitutional-protections criminal-procedure exclusionary-rule parole-revocation sixth-amendment supervised-release Whether supervised release revocation proceedings require full criminal procedural protections under the Sixth Amendment and the exclusionary rule
18-9601 Lawrence J. Strickland v. United States Eighth Circuit 2019-06-10 Denied Response WaivedIFP armed-career-criminal criminal-procedure due-process fifth-amendment predicate-offenses prior-convictions sentencing sixth-amendment Does it violate the Fifth Amendment Due Process Clause and the Sixth Amendment for the district court to make a finding that two 'armed career crimina…
18-1525 Jose Andrade v. City of Hammond, Indiana, et al. Indiana 2019-06-10 Denied Response Waived 14th-amendment 5th-amendment constitutional-amendments due-process ex-post-facto ex-post-facto-law ineffective-assistance-of-counsel ineffective-counsel ineffective-representation property-rights sixth-amendment Whether the Indiana Supreme Court decided an issue without determining the effect of ex post facto law, which affected petitioner's property and due p…
18-9578 James Jacob Parrish, Jr. v. United States Fourth Circuit 2019-06-07 Denied Response WaivedIFP criminal-procedure criminal-sentencing due-process firearm-enhancement ineffective-assistance-of-counsel prior-conviction procedural-reasonableness sentencing sentencing-departure sentencing-guidelines sentencing-procedure sentencing-reasonableness sentencing-variance sixth-amendment substantive-reasonableness Whether Parrish's sentence was procedurally and substantively unreasonable
18-9579 James D. Tench v. Ohio Ohio 2019-06-07 Denied IFP aggravating-circumstances capital-defendant capital-punishment constitutional-rights death-penalty' 'When a reviewing court independen due-process evidence-admission guilty-verdict hurst-v-florida jury jury-verdict mitigating-factors prejudicial-evidence sixth-amendment Does the admission of improper and prejudicial evidence violate a capital defendant's right to due process?
18-9566 Jason Brady Sain v. Oklahoma Oklahoma 2019-06-06 Denied IFP closing-arguments credibility due-process fair-trial fourteenth-amendment prosecutorial-misconduct sixth-amendment theory-of-the-case witness-credibility Was petitioner's sixth and fourteenth amendment rights to a fair trial violated?
18-9516 Starquineshia Palmer v. Florida Florida 2019-06-05 Rehearing Response WaivedRelisted (2)IFP 12-person-jury 6-person-jury constitutional-rights criminal-procedure criminal-trial due-process jury-size sixth-amendment trial-by-jury williams-v-florida Was Petitioner denied her right to a trial by jury as contemplated by the Sixth Amendment
18-9555 Kenneth Thomas v. Robert Marsh, Superintendent, State Correctional Institution at Benner Township Third Circuit 2019-06-05 Denied Response WaivedIFP autopsy-report confrontation-clause crawford-v-washington cross-examination fourteenth-amendment ineffective-assistance-of-counsel melendez-diaz-v-massachusetts sixth-amendment strickland-standard testimonial-evidence Whether the introduction of an autopsy report which was presented as substantive evidence but not testified to by its author violates the Sixth and Fo…
18-9557 Charles C. Brewington v. Oklahoma Oklahoma 2019-06-05 Denied Relisted (2)IFP civil-rights constitutional-rights constitutional-violation criminal-procedure custody due-process habeas-corpus ineffective-assistance judicial-misconduct legal-standard sixth-amendment standing wrongful-conviction Whether the petitioner's due process rights were violated by the state court proceedings
18-9529 Anibal Del Valle-Hiraldo v. United States First Circuit 2019-06-04 Denied Response WaivedIFP 5th-amendment 6th-amendment aiding-and-abetting criminal-procedure due-process fifth-amendment ineffective-assistance ineffective-assistance-of-counsel plea-bargaining rosemond-v-united-states sixth-amendment Whether an attorney's advice to a defendant to plead guilty to aiding and abetting the carry, use and possession of a firearm in furtherance of a crim…
18-9533 Shua Tilahun v. Jeff Premo, Superintendent, Oregon State Penitentiary Oregon 2019-06-04 Denied IFP 14th-amendment 6th-amendment equitable-tolling fourteenth-amendment ineffective-assistance-of-counsel martinez-v-ryan post-conviction-counsel post-conviction-relief sixth-amendment successive-post-conviction Whether Martinez v. Ryan allows a case to be overturned if the plaintiff can show a high probability of a substantially different outcome at the trial…
18-9541 Darius Leigh Gilkey v. DeWayne Burton, Warden Sixth Circuit 2019-06-04 Denied Response WaivedIFP 6th-amendment adequate-provocation attorney-client-relations attorney-client-relationship consensual-sex criminal-law due-process felony-murder homicide provocation right-to-counsel sixth-amendment Should this Court grant Certiorari to determine if consensual sex that later turned into a homicide, resulting from adequate provocation amounts to fe…
18-9550 Jerome L. Grimes v. Avis Budget Group Third Circuit 2019-06-04 Denied Response WaivedIFP access-to-courts civil-procedure civil-rights constitutional-rights defamation due-process framed-up pro-se-plaintiff sixth-amendment standing statute-of-limitation theft Whether a plausible claim for relief was asserted in the plaintiff's amended complaint, and whether tolling the statutes of limitation to file and/or …
18-9519 Michael Wesley v. New York New York 2019-06-03 Denied IFP alvarez-v-united-states constitutional-rights criminal-procedure due-process due-process-clause equal-protection fair-trial fifth-amendment fourteenth-amendment government-witness-perjury griffin-v-united-states petitioner's right to have newly-discovered-eviden sixth-amendment united-states-v-biberfeld washington-v-texas witness witness-perjury Does a petitioner have a right to have a witness in their favor protected by the Due Process Clause and the Fifth, Sixth, and Fourteenth Amendments?
18A1253 Niraj Prabhakar Patel v. Connecticut Connecticut 2019-06-03 Presumed Complete co-conspirator-statement confrontation-clause criminal-procedure hearsay sixth-amendment testimonial-evidence Whether the Confrontation Clause permits the admission of an out-of-court inculpatory statement made by a non-testifying co-conspirator in a prison re…
18-1502 Brian Mark Burmaster v. Eli Lilly and Company Sixth Circuit 2019-06-03 Denied 6th-amendment civil-rights constitutional-rights drug-marketing due-process free-speech government-action government-intervention government-overreach government-regulation medical-ethics pharmaceutical pharmaceutical-liability pharmaceutical-litigation sixth-amendment If a company's manufactured and marketed product is cited by the US Government as a 'miracle drug' to restore a criminal defendant's Sixth Amendment r…
18-1506 Julian Martin v. United States Seventh Circuit 2019-06-03 Denied Response RequestedResponse WaivedRelisted (2) co-defendant-statement confrontation-clause criminal-procedure cross-examination due-process evidence fair-trial hearsay reliability-of-evidence right-to-confront-witnesses sixth-amendment Whether the District Court's express reliance on an out-of-court statement of a non-testifying co-defendant as a basis for finding the defendant guilt…
18-1499 Umesh Kaushal v. Indiana Indiana 2019-05-31 Denied Response WaivedRelisted (2) due-process fourteenth-amendment guilty-plea immigration-consequences jury-trial plea-bargaining reasonable-probability resident-alien sixth-amendment When a resident alien pleads guilty to a crime while ignorant of the immigration consequences, then demands a trial before sentencing, does his demand…
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
18-9481 Jerry Eugene Shrubb v. Michael Clark, Superintendent, State Correctional Institution at Albion, et al. Third Circuit 2019-05-30 Denied IFP actual-innocence appeal cerebellar-degeneration constitutional-rights due-process ineffective-counsel miranda-violation petition-for-allowance-of-appeal sixth-amendment warrantless-search Has the Appellant been denied Due Process of Law in that no Court has reasonably observed the actual claims raised by the Appellant?
18-9490 Daniel George Brown v. United States Third Circuit 2019-05-30 Denied Response WaivedRelisted (2)IFP 6th-amendment criminal-prosecution deportation illegal-reentry immigration-law right-to-counsel sixth-amendment Whether an alien's Sixth Amendment right to counsel is violated in a criminal prosecution for illegal reentry following deportation, where the United …
18-9460 Quentin Perry v. United States Eighth Circuit 2019-05-29 Denied IFP 5th-amendment 6th-amendment armed-career-criminal-act due-process fifth-amendment jury-trial sixth-amendment statutory-interpretation vagueness Does the judicial determination of crimes 'committed on occasions different from one another' under the Armed Career Criminal Act violate the Sixth Am…
18-9463 Michael Joseph Brooks, Jr. v. Louisiana Louisiana 2019-05-29 GVR Response RequestedResponse WaivedRelisted (3)IFP constitutional-amendments criminal-procedure due-process fifth-amendment fourteenth-amendment jury-trial jury-unanimity sixth-amendment unanimous-verdict Whether Petitioner was constitutionally entitled to a unanimous jury under the Fifth, Sixth, and Fourteenth Amendments to the United States Constituti…
18-9464 Charles William Finney v. Florida Florida 2019-05-29 Denied IFP aggravating-factors capital-murder capital-sentencing death-penalty florida-constitution jury-trial jury-unanimity mitigating-circumstances sixth-amendment Whether Florida's capital sentencing scheme violates the Sixth Amendment right to a jury trial by requiring the jury to find only aggravating factors …
18-9470 R. Jay Thompson v. Oklahoma Oklahoma 2019-05-29 Denied IFP confrontation-clause evidence hearsay hearsay-statements sane-nurse sexual-assault sixth-amendment testimonial testimonial-evidence Whether statements made to the SANE nurse are testimonial for Sixth Amendment purposes
18A1234 Jackie Duncan v. United States Tenth Circuit 2019-05-29 Presumed Complete criminal-procedure evidence-rule fourth-amendment prior-bad-acts right-to-fair-trial sixth-amendment Whether the admission of prior bad act evidence of a shooting, over a defendant's Rule 404(b) objection, constituted reversible error that violated th…
18-9442 Donald Loston v. Darrel Vannoy, Warden Fifth Circuit 2019-05-28 Denied Response WaivedIFP 6th-amendment counsel-of-choice criminal-procedure due-process ineffective-assistance judicial-efficiency judicial-integrity reversible-error right-to-counsel sixth-amendment state-trial-court trial-court-discretion Whether a state trial court denial of counsel of choice is reversible error when no threat against the interest of judicial integrity and efficiency w…
18-9446 Davon Kelly Bennett v. United States Fourth Circuit 2019-05-28 Denied Response WaivedIFP confrontation-clause criminal-procedure cross-examination custodial-interrogation daubert-standard due-process evidence expert-witness-testimony motion-to-suppress rule-404b sixth-amendment Whether the District Court deprived Petitioner of his right to confront witnesses
18-9380 Miguel Daniel Leal v. Charles L. Ryan, Director, Arizona Department of Corrections, et al. Ninth Circuit 2019-05-22 Denied Response WaivedIFP circuit-court-deference constitutional-interpretation constitutional-law due-process federal-courts ineffective-assistance-of-counsel ineffective-counsel marital-communications-privilege marital-privilege ninth-circuit-review sixth-amendment speedy-trial speedy-trial-rights state-courts supervisory-power supreme-court-dicta Is SCOTUS dicta authoritative?
18-1449 Harold Lee Harvey, Jr. v. Florida Florida 2019-05-21 Denied arbitrary-factors constitutional-rights death-penalty eighth-amendment fourteenth-amendment hurst-v-florida judicial-decisions retroactive-application retroactivity ring-v-arizona sixth-amendment Does the Florida Supreme Court's decision denying retroactive application of the Hurst decisions to Mr. Harvey violate the Eighth or Fourteenth Amendm…
18-9358 Robert Joe Long v. Florida Florida 2019-05-20 Denied IFP civil-rights due-process execution-witness fifth-amendment fifth-amendment-due-process first-amendment first-amendment-free-speech fourteenth-amendment fourteenth-amendment-equal-protection religious-freedom sixth-amendment sixth-amendment-right-to-counsel Whether the Florida Department of Correction's restrictions on Mr. Long's execution witness and refusing to allow him to have a non-clergyman as his s…
18-9279 Regina M. Preetorius v. United States Eleventh Circuit 2019-05-17 Denied Response WaivedIFP administrative-law civil-procedure civil-rights counsel-performance criminal-procedure due-process federal-jurisdiction ineffective-assistance ineffective-assistance-of-counsel plea-bargaining right-to-counsel sixth-amendment standing strickland-standard strickland-v-washington Whether the lower court erred in dismissing petitioner's claims for lack of standing and failure to state a claim upon which relief can be granted
18-9308 Clarence Scranage, Jr. v. United States Fourth Circuit 2019-05-17 Denied Response WaivedRelisted (2)IFP 5th-amendment 6th-amendment constitutional-rights counsel-waiver criminal-procedure due-process fifth-amendment pro-se pro-se-representation right-to-counsel self-representation sixth-amendment Whether Petitioner waived his Fifth and Sixth Amendment Rights
18-9325 Davion L. Jefferson v. United States Tenth Circuit 2019-05-17 GVR Response RequestedResponse WaivedRelisted (2)IFP 18-usc-924c constitutional-rights crime-of-violence directed-verdict due-process jury-trial jury-trial-clause sentencing-enhancement sixth-amendment statutory-interpretation Whether the district court violated the Fifth Amendment's Due Process Clause and the Sixth Amendment's Jury Trial Clause by directing a verdict on 18 …
18-9329 Sean M. Barnhill v. United States Sixth Circuit 2019-05-17 Denied Response WaivedIFP appellate-standard certificate-of-appealability civil-procedure due-process evidentiary-hearing habeas-corpus judicial-procedure pro-se-petition section-2255 sixth-amendment sixth-circuit-review standard-of-review Did the Sixth Circuit err by exceeding the scope of the COA analysis
18-9333 Gustavo Gomez v. California Ninth Circuit 2019-05-17 Denied IFP appeal case-law constitutional-rights court-of-appeals criminal-procedure due-process habeas-corpus judicial-review jurisdiction motion-to-amend sixth-amendment standing Were this Petitioner's Sixth Amendment rights according to the United States Constitution violated by the United States Court of Appeal for the Ninth …
18-9285 Dean A. Schwartzmiller v. California California 2019-05-16 Denied Relisted (2)IFP civil-rights constitutional-rights due-process equal-protection fourteenth-amendment free-speech overbreadth penal-code sixth-amendment vagueness void-for-vagueness Is California Penal Code § 288 void for vagueness and overbreadth and contrary to the First, Sixth, and Fourteenth Amendments
18-9297 Jeremy Shane Hall v. John Myrick, Superintendent, Two Rivers Correctional Institution Ninth Circuit 2019-05-16 Denied Response RequestedResponse WaivedRelisted (5)IFP constitutional-rights criminal-procedure federal-habeas-corpus habeas-corpus ineffective-assistance professional-norms reasonableness-of-counsel record-evidence sixth-amendment state-post-conviction Whether a court can disregard record evidence of the prevailing professional norms in assessing the reasonableness of counsel's action or inaction und…
18-9299 Frankie Karen Washington v. Deborah Johnson, Warden Ninth Circuit 2019-05-16 Denied Response WaivedIFP appellate-review apprendi apprendi-v-new-jersey circuit-split constitutional-review harmless-error judicial-discretion sentencing sentencing-error sixth-amendment statutory-maximum Whether Apprendi error at sentencing is harmless based on the entire record or only whether the sentence exceeded the statutory maximum
18-9310 Roberto Nieto Cruz v. Texas Texas 2019-05-16 Denied Response WaivedIFP confrontation-clause criminal-procedure due-process extraneous-evidence extraneous-offense-testimony fair-trial ineffective-assistance ineffective-assistance-of-counsel sixth-amendment strickland-standard Whether the Court of Appeals erred in misapplying the Strickland standard and depriving the Appellant of his constitutional rights to due process and …
18-1436 Ulric Jones v. United States Seventh Circuit 2019-05-16 Denied Response Waived appellate-procedure disbarment due-process fourteenth-amendment judicial-proceedings judicial-review retained-counsel right-to-counsel sixth-amendment supervisory-power Whether the United States Court of Appeals for the Seventh Circuit violated the petitioner's Sixth Amendment and Fourteenth Amendment rights by disbar…
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'…
18-9268 Manuel Antonio Mejia Rivera v. Donna Kay McKinney, et al. Fifth Circuit 2019-05-15 Denied IFP confrontation-clause constitutional-rights due-process exculpatory-evidence ineffective-assistance ineffective-assistance-of-counsel self-defense sixth-amendment void-conviction witness-testimony Whether the 5th Circuit erred in denying Mr. Rivera's procedural request for a Certificate of Appealability (COA) in violation of Supreme Court preced…
18-9272 Loren J. Larson, Jr. v. Nancy Dahlstrom, Commissioner, Alaska Department of Corrections Alaska 2019-05-14 Denied Response WaivedIFP civil-rights due-process equal-protection jurisdiction juror-bias jury-bias no-impeachment-rule right-to-remain-silent sixth-amendment Does the Equal Protection clause of the Fourteenth Amendment require courts to apply a Sixth Amendment constitutional exception to a no-impeachment ru…
18-9239 Dale Shoop v. Ralph Terry, Acting Warden Fourth Circuit 2019-05-13 Denied Relisted (2)IFP constitutional-rights criminal-defense criminal-procedure effective-assistance-of-counsel preliminary-hearing right-to-testify sixth-amendment victim-testimony witness-impeachment witness-presence witness-testimony Was the Petitioner's Constitutional Sixth Amendment Right to Effective Assistance of Counsel violated
18-9243 Chima Edozie Aligwekwe v. United States Eleventh Circuit 2019-05-13 Denied Response WaivedIFP acquittal double-jeopardy due-process judicial-discretion jury-trial restitution sentencing sixth-amendment Whether the right to a jury trial as guaranteed by the Sixth Amendment is violated when a district court increases the defendant's prison sentence and…
18-9198 John Naasz v. Texas Texas 2019-05-10 Denied IFP 14th-amendment criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargaining right-to-counsel sixth-amendment sudden-passion sudden-passion-defense Whether a Texas prisoner has a right to effective counsel in collateral review proceedings
18-9236 Amy Gonzalez and David Thomas Matusiewicz v. United States Third Circuit 2019-05-10 Denied Response WaivedIFP 18-usc-2261a,overbreadth,free-speech,first-amendme 6th-amendment 6th-amendment-unanimity,criminal-procedure,jury-in 6th-amendment,5th-amendment,sentencing,jury-trial, actus-reus criminal-procedure criminal-procedure,evidence,character-evidence,pre criminal-procedure,evidence,polygraph,crane-v-kent criminal-procedure,jury-instructions,causation,act criminal-verdict due-process jury-instruction jury-trial jury-unanimity sixth-amendment Whether 18 U.S.C. § 2261A is unconstitutionally ov Whether a person can be convicted for stalking res Whether Crane v. Kentucky 476 U.S. 683 690 (1986 Whether sentencing courts may continue to violate Whether the admissibility of a civil judicial opin Whether juries must unanimously agree on the actus reus element of offenses
18-1413 Brandon D. Woodruff v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-05-10 Denied ' 'habeas-corpus" ' 'prosecutorial-misconduct" ' 'right-to-confrontation" ' 'right-to-counsel" ' 'sixth-amendment" ' 'standard-of-review' certificate-of-appealability criminal-procedure due-process habeas-corpus jail-telephone-calls prosecutorial-conduct prosecutorial-misconduct right-to-counsel sixth-amendment Whether the denial of a certificate of appealability by the Fifth Circuit Court of Appeals constituted reversible error, given the prosecutor's violat…
18-9169 Andre McDaniels v. United States Fifth Circuit 2019-05-09 Denied Response WaivedIFP 2255 6th-amendment appeal appeals certificate-of-appealability civil-rights court-reporter due-process fifth-amendment judicial-review jurisdiction pro-se-litigant sixth-amendment standing transcripts Does a pro-se petitioner forfeit his constitutional rights when denied opportunity to have merits heard?
18-9196 Delano Marco Medina, aka Michael David Allen Bell, aka William Anders Bryant v. United States Tenth Circuit 2019-05-09 Denied Response WaivedIFP alibi-defense barker-factors cell-site-location-information constitutional-rights due-process ineffective-assistance ineffective-assistance-of-counsel reason-for-delay self-representation sixth-amendment speedy-trial Whether the reason-for-delay factor in a Sixth Amendment speedy trial analysis weighs against the government when it intentionally waits and does not …
18-9205 Antonio Ballesteros v. United States Fifth Circuit 2019-05-08 Denied Response WaivedIFP confrontation-clause confrontation-clause-6th-amendment criminal-procedure importation machine-generated-data sentencing sentencing-guidelines sixth-amendment strict-liability Whether GPS Data prepared specifically for an ongoing investigation and culled from several databases is machine-generated data that implicates the Si…
18-9173 Paul Hillard Posey, Sr. v. Texas Texas 2019-05-07 Denied IFP counsel-on-appeal due-process equal-protection habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sixth-amendment Should the Sixth Amendment's constitutional guarantee to counsel on appeal extend to habeas corpus when habeas corpus is the first opportunity to revi…
18-9177 Robert Murphy v. Ron Neal, Superintendent, Indiana State Prison Seventh Circuit 2019-05-07 Denied Response WaivedIFP brady-violation cell-phones criminal-procedure digital-evidence due-process fifth-amendment fourteenth-amendment fourth-amendment ineffective-assistance-of-counsel miranda-rights privacy search-and-seizure sixth-amendment Whether the government's warrantless search of a person's cell phone violates the Fourth Amendment's protection against unreasonable searches and seiz…
18-9180 Cesar Arce-Hernandez v. United States Ninth Circuit 2019-05-07 Denied Response WaivedIFP appeal-waiver criminal-justice-act criminal-procedure garza-v-idaho indigent-defendant ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining pretrial-proceedings right-to-counsel sixth-amendment Does a Sixth Amendment claim of ineffectiveness of assistance of counsel during pretrial proceedings survive a general waiver of the right to appeal i…
18-9181 Kwame Ali Askia v. United States Eighth Circuit 2019-05-07 Denied Response WaivedIFP constitutional-law due-process exculpatory-evidence government-oversight indictment sixth-amendment statute-of-limitation statute-of-limitations Question not identified
18-9147 Donald G. Flint v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-05-06 Denied Relisted (2)IFP 5th-amendment 6th-amendment boykin-admonishments constitutional-rights criminal-procedure due-process fifth-amendment guilty-plea judicial-precedent sixth-amendment supreme-court-precedent Was the federal district court's finding and the Fifth Circuit Court's finding contrary to the precedent of the Supreme Court, as well as a violation …
18-9150 Peter Victor Ayika v. United States Fifth Circuit 2019-05-06 Denied Response WaivedIFP appellate-procedure certificate-of-appealability constitutional-rights constitutional-speedy-trial effective-assistance-of-counsel ineffective-assistance-of-counsel sixth-amendment speedy-trial-act statutory-rights statutory-speedy-trial whether a certificate of Appealability (COA) should issue to pursue the Sixth Amendment claim on appeal
18-9067 Sharma Ross v. Christopher Miller, Superintendent, Great Meadow Correctional Facility Second Circuit 2019-05-03 Denied IFP civil-rights criminal-procedure due-process fifth-amendment fourteenth-amendment sixth-amendment standing Was petitioner denied his due process rights as enumerated under the Fifth, Sixth and Fourteenth Amendments?
18-9069 Hector Rengifo v. United States Third Circuit 2019-05-03 Denied Response WaivedIFP certificate-of-appealability circuit-court-split civil-procedure controlled-substance controlled-substance-offense court-of-appeals due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sentencing-guidelines sixth-amendment standing supreme-court-precedent united-states-v-winstead Whether two United States Court of Appeals has entered a decision in conflict with relevant decision of this Court
18-9097 Freddie L. Morris v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2019-05-03 Denied Response WaivedIFP coerced-confession criminal-investigation fifth-amendment fourteenth-amendment habeas-corpus informant involuntary-plea jail-cell right-to-counsel sixth-amendment Whether the state of Florida violated petitioner's sixth amendment right to the assistance of counsel
18-9130 Shaun Allen Dick v. Oregon Oregon 2019-05-03 GVR Response RequestedResponse WaivedRelisted (3)IFP constitutional-rights criminal-procedure due-process fourteenth-amendment incorporation incorporation-doctrine jury-unanimity sixth-amendment unanimous-jury-verdict unanimous-verdict Does the Fourteenth Amendment fully incorporate the Sixth Amendment guarantee of a unanimous verdict?
18-9134 Joe Clopton v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-05-03 Denied Relisted (2)IFP amending-indictment brady-violation burden-of-proof child-support cps-records criminal-procedure defense-strategy double-jeopardy due-process effective-assistance-of-counsel exculpatory-evidence false-allegations grand-jury ineffective-assistance lesser-included-offense medical-records nolo-contendere plain-error sixth-amendment social-worker-testimony Whether the medical records were improperly excluded from evidence
18-1385 Ruben Delhorno v. United States Seventh Circuit 2019-05-03 Denied Response Waived coram-nobis criminal-procedure deportation-consequences habeas-corpus immigration immigration-consequences immigration-proceedings ineffective-assistance ineffective-assistance-of-counsel padilla-v-kentucky padilla-waiver sixth-amendment writ-of-error-coram-nobis Whether a Padilla constitutional waiver may be inferred without an evidentiary hearing by mere passage of time where defendant sought neither a direct…
18-9086 Roel Daniel Galvan v. United States Fifth Circuit 2019-05-02 Denied Response WaivedIFP carachuri-rosendo-v-holder criminal-procedure criminal-sentencing due-process felon-in-possession felony firearm-possession hypothetical-facts misdemeanor misdemeanor-predicate predicate-offense sentencing-enhancement sentencing-guidelines sentencing-guidelines-enhancement sixth-amendment united-states-sentencing-guidelines Whether the four-level enhancement for possessing a firearm in connection with another felony offense pursuant to U.S.S.G. §2K2.1(b)(6)(B) applies whe…
18-9088 Charles W. Gray v. Indiana Indiana 2019-05-02 Denied IFP appellate-counsel constitutional-rights due-process fifth-amendment fourteenth-amendment indiana-constitution ineffective-assistance ineffective-assistance-of-counsel sixth-amendment Whether the State of Indiana has erred whether Petitioner received ineffective assistance of counsel
18-9094 Marty J. Hebert v. Louisiana Fifth Circuit 2019-05-02 Denied Response WaivedIFP autopsy-findings autopsy-testimony constitutional-error criminal-procedure discovery due-process exculpatory-evidence expert-witness fifth-amendment grand-jury grand-jury-testimony prosecutorial-misconduct second-degree-murder sixth-amendment Has the State of Louisiana committed Constitutional Error in its refusal to Order production of Dr. Laga's grand jury testimony to petitioner?
18-9106 Daqone Lentell Williams v. United States Sixth Circuit 2019-05-02 Denied Response WaivedIFP career-offender career-offender-predicate felony-complaints modified-categorical-analysis modified-categorical-approach prior-conviction sentencing-court sentencing-court-consideration sentencing-guidelines shepard-analysis shepard-v-united-states sixth-amendment unadopted-assertions Whether a sentencing court may consider felony complaints, with unadopted assertions, under Shepard v. United States, 544 U.S. 13 (2005), when that co…
18-9117 Scotty Garnell Morrow v. Benjamin Ford, Warden Georgia 2019-05-02 Denied IFP death-penalty death-sentence due-process eighth-amendment fourteenth-amendment hurst-v-florida judicial-fact-finding jury-trial jury-unanimity ring-v-arizona sentencing sixth-amendment Does a death sentence imposed by a judge who made fact-findings not made unanimously by the jury who recommended a death sentence comport with Hurst a…
18-9065 Charlene Terry-Ann Walker Rosa v. Florida, et al. Eleventh Circuit 2019-05-01 Denied Response WaivedIFP civil-rights criminal-procedure due-process fundamental-rights ineffective-assistance-of-counsel ineffective-counsel sixth-amendment strategic-decision strickland-v-washington Whether petitioner's claim of ineffective assistance of counsel is governed by the applicable test of Strickland v. Washington
18-9044 Troy Latrial Ramsey v. Jeff Premo, Superintendent, Oregon State Penitentiary Ninth Circuit 2019-04-30 Denied Response WaivedIFP certificate-of-appealability habeas-corpus ineffective-assistance ineffective-assistance-of-counsel miller-el-standard miller-el-v-cockrell per-se-rule reasonable-jurist sixth-amendment strickland-v-washington Whether the Ninth Circuit's ruling denying a certificate of appealability conflicts with this Court's ruling in Miller-El v. Cockrell
18-9045 Kevin Robinson v. Steven Johnson, Administrator, New Jersey State Prison Third Circuit 2019-04-30 Denied Response WaivedRelisted (2)IFP 14th-amendment 6th-amendment civil-rights constitutional-rights criminal-procedure due-process effective-assistance-of-counsel fair-trial impartial-jury ineffective-assistance jury-impartiality self-incrimination sixth-amendment Are trial attorneys obligated to protect every fundamental right entitled to defendants under the United States Constitutional Amendments?
18-9025 Phillip Newton v. Louisiana Louisiana 2019-04-29 Denied Response RequestedResponse WaivedRelisted (2)IFP apodaca-v-oregon criminal-trial fourteenth-amendment johnson-v-louisiana jury-trial jury-unanimity sixth-amendment unanimous-verdict Whether the Sixth Amendment right to a jury trial requires an unanimous jury verdict and, if so, would that unanimity requirement be required in state…
18-9027 Marc Nielsen v. Brandon Kelly, Superintendent, Oregon State Penitentiary Ninth Circuit 2019-04-29 Denied Response WaivedIFP certificate-of-appealability civil-procedure civil-rights due-process equitable-tolling habeas-corpus ineffective-assistance post-conviction-relief professional-conduct sixth-amendment statute-of-limitations Whether petitioner's request for equitable tolling of the statute of limitations meets the statutory requirement for the issuance of a certificate of …
18-9029 Tyron James v. Kansas Kansas 2019-04-29 Denied IFP appeal apprendi civil-rights constitutional-challenge conviction criminal-conviction criminal-procedure due-process retroactive-application retroactivity sentencing sentencing-guidelines sixth-amendment unconstitutional-error upward-departure Whether a conviction based on an unconstitutional sentencing enhancement can be overturned under this Court's decisions in Apprendi and Alleyne
18-1359 William Shannon Gresham v. Tennessee Tennessee 2019-04-29 Denied Response Waived acquitted-conduct criminal-procedure double-jeopardy due-process jury-trial sentencing sentencing-enhancement sixth-amendment sufficiency-of-evidence Whether a trial court may use acquitted conduct by a jury that rejected the State's proof on a particular issue in order to enhance a defendant's sent…
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…
18-9006 Donald Ray Boles v. United States Second Circuit 2019-04-26 Denied Response WaivedIFP appellate-review apprendi-rule apprendi-v-new-jersey constitutional-interpretation criminal-procedure criminal-sentencing due-process judicial-fact-finding judicial-precedent prior-conviction prior-convictions sentencing-enhancement sentencing-enhancements sixth-amendment Whether the holding of Almendarez-Torres v. United States should be reconsidered
18-9015 Diego Rodrigo Perea v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2019-04-26 Denied Response WaivedIFP certificate-of-appealability confrontation-clause constructive-denial criminal-procedure cross-examination due-process habeas-corpus ineffective-assistance-of-counsel right-to-counsel sixth-amendment Was the State Court's rejection of the Petitioner's claim that he was constructively denied the assistance of counsel
18-8992 Charles Lorraine v. Ohio Ohio 2019-04-25 Denied IFP capital-punishment death-penalty death-sentence eighth-amendment judge-sentencing judicial-fact-finding jury-trial jury-verdict sixth-amendment spaziano-v-florida Is Ohio's death penalty scheme unconstitutional under Hurst v. Florida?
18-8998 Juan Garcia v. United States Tenth Circuit 2019-04-25 Denied Response WaivedIFP compulsory-process constitutional-rights criminal-procedure deportation due-process governmental-bad-faith governmental-misconduct harmless-error material-witness sixth-amendment witness-deportation Whether a defendant must prove governmental bad faith to establish a compulsory process clause violation?
18-8944 Timmy W. Doucet v. Louisiana Louisiana 2019-04-23 Denied Response WaivedIFP criminal-procedure due-process evidence jury-deliberation jury-deliberations louisiana-criminal-code reasonable-doubt reversible-error sixth-amendment testimonial-evidence Whether reasonable jurists determine that it was reversible error for the district court to permit the jury, over defense counsel's objections, to vie…
18-8945 Lorraine Black v. Life Unlimited, Inc. Eighth Circuit 2019-04-23 Denied Relisted (2)IFP civil-procedure discrimination due-process equal-protection retaliation standing appointment-of-counsel civil-procedure civil-rights due-process sixth-amendment standing Whether the legal standard for appointing counsel in civil rights cases violates the Sixth Amendment right to counsel?
18-8948 Angel Morales De-Jesus v. United States First Circuit 2019-04-23 Denied Response WaivedIFP 5th-amendment 6th-amendment conspiracy due-process leadership-enhancement mandatory-minimum sentencing sixth-amendment Whether the court erroneously applied a four-level leadership enhancement under U.S.S.G. § 3B1.1(a) in violation of Morales-De Jesus' Fifth and Sixth …
18-8952 Boris Murphy v. United States Fourth Circuit 2019-04-23 Denied Response WaivedIFP 2255-motion 6th-amendment conflict-of-interest deficient-performance direct-appeal due-process fifth-amendment ineffective-assistance ineffective-assistance-of-counsel plea-bargaining sixth-amendment Did the Fourth Circuit review the District Court's error in denying petitioner's 28 U.S.C. 2255 claim de novo that was based on conflict of interest a…
18-8955 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
18-8961 Dion Thomas v. United States Eighth Circuit 2019-04-23 Denied Response WaivedIFP abuse-of-discretion blackledge-v-allison civil-rights district-court due-process evidentiary-hearing evidentiary-hearing-discretion habeas-corpus ineffective-assistance ineffective-assistance-of-counsel ins-v-phinpathya plea-bargaining plea-negotiations rose-v-lundy sixth-amendment standing unsworn-statements Whether the District Court abused its discretion by failing to conduct an evidentiary hearing
18-8969 Ronald Lunsford, Jr. v. Indiana Indiana 2019-04-23 Denied IFP criminal-procedure double-jeopardy effective-assistance-of-counsel fourteenth-amendment guilty-plea indiana-constitution ineffective-assistance-of-counsel motion-to-dismiss sixth-amendment Whether the State of Indiana erred in denying Appellant was deprived of effective assistance of counsel in violation of the Sixth and Fourteenth Amend…
18-8970 John William King v. Texas Texas 2019-04-23 Denied IFP capital-punishment criminal-procedure death-penalty habeas-corpus ineffective-assistance-of-counsel lesser-included-offense mccoy-v-louisiana retroactivity sixth-amendment sixth-amendment-right-to-counsel teague-analysis teague-v-lane watershed-rule Whether McCoy applies when a defendant's attorneys concede, against his wishes, his guilt to a lesser-included offense during final argument, and is a…
18-8871 Roy L. Rambo v. Patrick Nogan, Administrator, East Jersey State Prison, et al. Third Circuit 2019-04-22 Denied Response WaivedIFP 6th-amendment aedpa antiterrorism-and-effective-death-penalty-act asset-freezing counsel-of-choice criminal-prosecution due-process personal-assets sixth-amendment state-court-ruling Whether the Sixth Amendment right to counsel of choice was violated
18-8888 Nexis Rene Gomez v. Ken Clark, Acting Warden Ninth Circuit 2019-04-22 Denied Response WaivedIFP abuse-of-discretion civil-procedure constitutional-rights due-diligence due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel rule-60(b) sixth-amendment Did the Ninth Circuit erred in finding that petitioner did not showed that jurist of reason would find it debatable whether the district court abused …
18-8889 Lavont Flanders, Jr. v. United States Eleventh Circuit 2019-04-22 Denied Response WaivedIFP constitutional-error counsel-deprivation criminal-procedure critical-stage due-process initial-appearance right-to-counsel sixth-amendment united-states-v-cronic Whether an initial appearance can be a critical stage
18-8929 In Re Lavont Flanders, Jr. 2019-04-22 Denied Response WaivedIFP certificate-of-appealability criminal-procedure critical-stage due-process habeas-corpus indictment-amendment mailbox-rule postal-service-error pro-se-filing pro-se-prisoner procedural-due-process right-to-counsel sixth-amendment Whether the Petitioner's Sixth Amendment right to counsel was violated when the indictment was amended during a critical stage of the proceedings with…
18-8913 Esteban Aguilera-Alvarez v. United States Fifth Circuit 2019-04-19 Denied Response WaivedIFP constitutional-law criminal-law criminal-procedure due-process precedent sentencing sixth-amendment supreme-court Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)?
18-8915 Jonathan Zepeda v. United States Ninth Circuit 2019-04-19 Denied Response WaivedIFP 18-usc-3006a appellate-waiver criminal-procedure criminal-procedure-appeal due-process fifth-amendment independent-counsel judicial-manipulation sentencing sixth-amendment standing waiver Whether an individual's challenge to the constitutionality of his sentence and case proceedings in a criminal prosecution on bases outside the limited…
18-8923 Ryan Watkins v. Norm Robinson, Warden Sixth Circuit 2019-04-19 Denied Response WaivedIFP appeals appeals-court criminal-procedure district-court due-process federal-courts federal-law habeas-corpus post-conviction-relief re-sentencing sentencing sixth-amendment sixth-circuit successive-petition Whether Petitioner was entitled to present his claims after re-sentencing to the United States District Court of appeals
18-8897 Corlious C. Dyson, aka Corlious Corall Dyson v. Louisiana Louisiana 2019-04-18 GVR Relisted (2)IFP criminal-conviction criminal-procedure due-process fourteenth-amendment incorporation-doctrine jury-trial non-unanimous-verdict sixth-amendment Does the right to a jury trial guaranteed by the Sixth Amendment, as applied to the States through the Fourteenth Amendment, allow a criminal convicti…
18-8902 Gustav Kloszewski v. United States Second Circuit 2019-04-18 Denied Response WaivedIFP confrontation-clause constitutional-interpretation Crawford-precedent crawford-v-washington criminal-procedure due-process evidence evidence-admissibility precedent sixth-amendment testimonial-statements Did the lower court fail to follow this Court's precedent in Crawford v. Washington, 541 U.S. 36 (2004)?
18-8872 In Re Samuel Lewis Surles 2019-04-17 Dismissed Relisted (2)IFP actual-innocence appellate-review civil-rights constitutional-law criminal-procedure due-process equal-protection federal-procedure ineffective-assistance-of-counsel interrogation judicial-interpretation sixth-amendment Whether petitioner was denied his unwaivable constitutional right of due process of law when the Michigan Supreme Court failed to rule on the merits o…
18-8854 Steve Zinnel v. United States Ninth Circuit 2019-04-16 Denied Response WaivedIFP bankruptcy-fraud bankruptcy-schedules constructive-amendment due-process fifth-amendment fourteenth-amendment judicial-fact-finding sentencing-guidelines sixth-amendment stirone-v-united-states wamu-personal-checking-account Whether there was an unconstitutional constructive amendment or prejudicial variance
18-8860 David Clum, Jr. v. Gene Beasley, Warden Eighth Circuit 2019-04-16 Denied Response WaivedIFP constitutional-rights due-process due-process,fifth-amendment,habeas-corpus,pro-se,a equal-protection habeas-corpus pro-se pro-se-litigation sixth-amendment supervisory-powers Whether the Eighth Circuit Court of Appeals violated the Fifth Amendment-Due Process Rights of the Petitioner
18-1306 Fred Anderson, Jr. v. Florida Florida 2019-04-16 Denied Amici (3) advisory-jury capital-punishment capital-sentencing death-penalty florida-supreme-court harmless-error hurst-v-florida judge-sentencing jury-trial jury-verdict sixth-amendment structural-error Whether a judge-imposed death sentence that violates Hurst is a structural error requiring reversal of the sentence
18-1298 Mario Dion Woodward v. Alabama Alabama 2019-04-15 Denied arbitrary-and-discriminatory cruel-and-unusual-punishment death-penalty eighth-amendment fourteenth-amendment judicial-override jury-sentencing repealed-statute sentencing sixth-amendment Does the imposition of a death sentence through judicial override under a now-repealed statute violate the constitutional guarantees implemented by th…
18-8823 Omer Al Obaidy v. Kevin K. McAleenan, Acting Secretary of Homeland Security, et al. Eighth Circuit 2019-04-15 Denied Response WaivedIFP 10th-amendment 4th-amendment 5th-amendment 6th-amendment civil-rights due-process false-arrest fifth-amendment fourth-amendment immigration immigration-removal self-incrimination sixth-amendment tenth-amendment unlawful-seizure Whether a long-term legal resident with no criminal record who was removed from the U.S. based on falsified records has due process rights
18-8826 Omar Christopher Miller v. United States Second Circuit 2019-04-15 Denied Response RequestedResponse WaivedRelisted (2)IFP circuit-split constitutional-rights criminal-procedure due-process impartial-jury juror-bias jury-impartiality law-enforcement sixth-amendment Whether the Sixth Amendment right to an impartial jury is violated
18-8811 Antonio Darset King, Sr. v. United States Eleventh Circuit 2019-04-12 Denied Response WaivedIFP 4th-amendment civil-rights criminal-procedure due-process ineffective-assistance-of-counsel ineffective-counsel search-and-seizure search-warrant sixth-amendment standing voir-dire Whether the United States Court of Appeals erred in failing to grant petitioner King relief as to the denial of his motion to suppress the search warr…
18-8786 Stephen Krell v. Louisiana Louisiana 2019-04-11 Denied Response WaivedIFP constitutional-rights controlling-legal-principles deficient-advice effective-assistance-of-counsel legal-principles misapprehension-of-case plea-bargaining sixth-amendment trial-counsel trial-counsel-incompetence Whether the Sixth Amendment's right to the effective assistance to counsel during the plea bargaining stages of the proceeding is implicated when tria…
18-8753 Carl Devon Powell v. California California 2019-04-10 Denied IFP aggravating-circumstances constitutional-sentencing death-penalty due-process fifth-amendment fourteenth-amendment jury jury-beyond-reasonable-doubt jury-fact-finding mitigating-circumstances reasonable-doubt sixth-amendment Does California's death penalty scheme violate the requirement under the Fifth, Sixth, and Fourteenth Amendments that every fact, other than a prior c…
18-8776 Tam Le v. Louisiana Louisiana 2019-04-10 Denied Response RequestedResponse WaivedRelisted (5)IFP constitutional-rights daubert-standard due-process expert-testimony fair-trial fifth-amendment fourteenth-amendment ineffective-assistance-of-counsel non-unanimous-jury sixth-amendment Whether Mr. Le was convicted by a non-unanimous jury in violation of his rights under the Fifth, Sixth, and Fourteenth Amendments
18-8738 Noe Machado-Erazo and Jose Martinez-Amaya v. United States District of Columbia 2019-04-09 Denied Response WaivedIFP circuit-split criminal-law criminal-law-procedure criminal-procedure due-process harmless-error jury-trial physical-force sixth-amendment statutory-interpretation Whether an act of omission can constitute the 'use, attempted use, or threatened use of physical force' under 18 U.S.C. §924(c)(8)(A)
18-8763 Terry Walker v. United States Seventh Circuit 2019-04-09 Denied Response WaivedIFP criminal-procedure due-process judicial-fact-finding jury-finding jury-trial plea-agreement plea-bargaining recharaterization sentencing sixth-amendment statutory-interpretation Can a sentencing court consistent with the Sixth Amendment recharacterize a defendant's conviction into conduct that was neither found by a jury or ju…
18-8727 Corey Wiggins v. Stanley Payne, Warden Eighth Circuit 2019-04-08 Denied IFP certificate-of-appealability constitutional-rights criminal-procedure failure-to-investigate habeas-claim habeas-corpus ineffective-assistance ineffective-assistance-of-counsel second-degree-murder sixth-amendment voluntary-manslaughter Whether the Eighth Circuit Court of Appeals erred in refusing to grant a certificate of appealability
18-8712 John Hummel v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-04-05 Denied IFP character-and-record death-penalty future-dangerousness ineffective-assistance ineffective-assistance-of-counsel mitigating-evidence pretrial-incarceration sixth-amendment sixth-amendment-right-to-counsel strickland-standard strickland-v-washington trial-counsel Whether a death penalty defendant received ineffective assistance of trial counsel for failing to investigate and present evidence of the defendant's …
18-8713 Briand Williams v. California California 2019-04-05 Dismissed Response WaivedIFP 6th-amendment code-of-civil-procedure constitutional-violation counsel-of-choice due-process equal-protection ineffective-assistance marsden-hearing plea-bargaining procedural-rights right-to-counsel sentencing sixth-amendment Does a defendant have a right to replace his privately retained counsel at any time during trial court proceedings?
18-8715 Quillie Merle Spray v. Kelly A. Ryan, Superintendent, State Correctional Institution at Shirley First Circuit 2019-04-05 Denied Response WaivedIFP constitutional-law criminal-procedure effective-counsel fair-trial insanity-defense mental-evaluation sixth-amendment Whether the Court of Appeals correctly decided an important question of constitutional law: that the Petitioner was denied his right to effective coun…
18-8699 Marckenson Chery v. United States Eleventh Circuit 2019-04-04 Denied Response WaivedIFP 18-usc-2422b criminal-offense criminal-offense-element double-jeopardy fifth-amendment indictment sixth-amendment statutory-interpretation Whether an indictment for violation of 18 U.S.C. § 2422(b) must identify the ''criminal offense'' element in order to meet the required nature of the …
18-8702 Vernon Carter v. Mark S. Inch, Secretary, Florida Department of Corrections Florida 2019-04-04 Denied IFP fifth-amendment fourth-amendment habeas-corpus illegal-traffic-stop ineffective-assistance ineffective-assistance-of-counsel motion-to-suppress sixth-amendment Whether the Florida Supreme Court erred in affirming the denial of Carter's petition for writ of habeas corpus, where Carter raised sufficient allegat…
18-8707 Wallace G. Carlyle v. Sherman Campbell, Warden Sixth Circuit 2019-04-04 Denied IFP constitutional-rights effective-assistance-of-counsel fourteenth-amendment history-of-abuse ineffective-assistance mental-retardation plea-bargaining plea-withdrawal right-to-jury-trial sixth-amendment Did trial counsel's failure to adequately consider mental-retardation-and-history-of-abuse deprive defendant of effective-assistance-of-counsel,right-…
18-8670 Demetrius Terrence Frazier v. Alabama Alabama 2019-04-02 Denied IFP capital-punishment capital-sentencing constitutional-interpretation cruel-and-unusual-punishment death-penalty death-penalty-sentencing due-process equal-protection judicial-fact-finding jury-fact-finding jury-sentencing jury-trial retroactive-rule retroactivity sixth-amendment Does Alabama's capital sentencing statute violate Hurst v. Florida?
18-8673 Jamael Stubbs v. United States Third Circuit 2019-04-02 Denied Response WaivedIFP 133 S.Ct. 2151 (2013) 6th-amendment alleyne-precedent alleyne-v-united-states constructive-amendment due-process ineffective-assistance sentencing sentencing-challenge sixth-amendment trial-counsel Whether trial counsel rendered ineffective assistance
18-8676 Ronald Smith v. United States Ninth Circuit 2019-04-02 Denied Response WaivedIFP counsel criminal-procedure district-court due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-review legal-remedy post-conviction-relief sixth-amendment Whether the district court violated Petitioner's Sixth Amendment rights by failing to return him to his original position absent the ineffective assis…
18-8639 Anthony Franklin v. Patrick Nogan, Administrator, East Jersey State Prison, et al. Third Circuit 2019-04-01 Denied IFP due-process equal-protection faretta-hearing faretta-v-california habeas-corpus pro-se-representation self-representation sixth-amendment third-circuit third-circuit-law Whether the district court erred in denying a Writ of Habeas Corpus to Petitioner
18-8643 Joseph Lee Flores v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-04-01 Denied IFP bias criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel juror-bias jury-selection sixth-amendment trial-counsel voir-dire WHETHER VENIREMAN WHO STATED DURING VOIR DIRE THAT HIS ABILITY TO BE FAIR WOULD BE AFFECTED BY PRIOR EXPERIENCE WITH CRIME EXPRESS BIAS; RENDERING COU…
18-8644 Emanuel L. Finch, Sr. v. Bradley Graham, et al. Ninth Circuit 2019-04-01 Denied Response WaivedIFP confrontation-clause confrontation-clause,compulsory-process,miranda-ri consent-to-search constitutional-rights criminal-procedure due-process fair-trial materiality-of-false-testimony miranda-rights sixth-amendment sufficiency-of-evidence weight-of-evidence Whether the conduct complained of is a question of law
18-8645 David Dean Harris v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-04-01 Denied IFP appeal-procedure constitutional-violation due-process ineffective-assistance-of-counsel ineffective-counsel presumption-of-innocence sixth-amendment supreme-court-precedent victim-identification witness-testimony Was the state's use of the complaining witness's name specifically as the victim a violation of presumption of innocence, Supreme Court precedent, Uni…
18-8652 Ammar Asimfaruq Harris v. Nevada Nevada 2019-04-01 Denied IFP 5th-amendment capital-case constitutional-error due-process fair-trial fifth-amendment fourteenth-amendment harmless-error jury sixth-amendment Whether Mr. Harris' rights under the Fifth, Sixth and Fourteenth amendments to a fair trial by jury were violated
18-8655 Nicholas Ryan Holloway v. Wendy Kelley, Director, Arkansas Department of Correction Eighth Circuit 2019-04-01 Denied Response WaivedIFP appellate-attorney appellate-review ineffective-assistance ineffective-assistance-of-counsel post-conviction post-conviction-counsel prejudice prejudice-analysis sixth-amendment sixth-amendment-right-to-counsel strickland-standard trial-counsel Whether the U.S. District Court erred in deferring to the Arkansas State Courts' finding that Mr. Holloway was not prejudiced by both his trial and ap…
18-8660 Tyree Mansell v. United States Third Circuit 2019-04-01 Denied Response WaivedIFP acquitted-conduct due-process fifth-amendment jury-trial jury-trial-right sentencing sentencing-guidelines sixth-amendment Whether the use of acquitted conduct to increase Mr. Mansell's Sentencing guideline range violated his Fifth Amendment right to due process and his Si…
18-8600 Tony McLeod v. United States Ninth Circuit 2019-03-29 Denied Response WaivedIFP cell-phones circuit-split criminal-evidence digital-forensics expert-testimony federal-rules-of-evidence fourth-amendment internet-anonymity lay-testimony mens-rea rule-702 sixth-amendment statutory-interpretation Whether Cellebrite forensic data requires expert testimony
18-8621 Roummel Ingram v. John Prelesnik, Warden Sixth Circuit 2019-03-29 Denied Response WaivedRelisted (2)IFP constitutional-rights criminal-procedure due-process evidentiary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel public-trial sixth-amendment sixth-circuit Whether Mr. Ingram is entitled to a new trial due to ineffective-assistance-of-counsel
18-1252 Rev. Barry D. Bilder v. Rev. Beth Mathers, et al. Tenth Circuit 2019-03-29 Denied civil-rights dna dna-collection due-process fourth-amendment fourth-amendment-rights reasonableness right-to-counsel search-warrant seizure sixth-amendment Is a Search Warrant (for DNA) reasonable under the Fourth (4th) Amendment?
18-8581 Robert Nicholas Brooks v. United States Fifth Circuit 2019-03-27 Denied Response WaivedIFP bank-fraud commerce-clause constitutional-rights due-process fifth-amendment grand-jury grand-jury-indictment sixth-amendment subject-matter-jurisdiction tax-fraud venue wire-fraud Whether the District and Appellate Courts violated Petitioner's Constitutional rights
18-8583 Gilbert Postelle v. Mike Carpenter, Interim Warden Tenth Circuit 2019-03-27 Denied IFP capital-punishment eighth-amendment flynn-effect fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel intellectual-disability mitigating-evidence sixth-amendment Whether the failure to investigate and present mitigating evidence of intellectual disability based on the Flynn Effect violates the Sixth, Eighth, an…
18-8586 Roderick Black v. United States Fourth Circuit 2019-03-27 Denied Response WaivedIFP attorney-licensing constitutional-law constitutional-violation criminal-procedure due-process habeas-corpus ineffective-assistance-counsel ineffective-assistance-of-counsel right-to-counsel sixth-amendment standing Whether the petitioner's sentence should be vacated in light of his trial attorney not being duly licensed to practice law in violation of his Sixth A…
18-8568 David Piper v. United States Fifth Circuit 2019-03-26 Denied Response WaivedIFP abuse-of-discretion compulsory-process criminal-procedure defense-witnesses due-process federal-rules-of-criminal-procedure habeas-corpus sixth-amendment standard-of-review trial-rights witness-production Whether Petitioner was deprived of compulsory process under the Due Process Clause and Compulsory Process Clause
18-8570 Damien Preston v. Tammy Ferguson, Superintendent, State Correctional Institution at Phoenix, et al. Third Circuit 2019-03-26 Denied Response WaivedIFP circuit-court-conflict circuit-court-decisions confrontation-rights constitutional-claims constitutional-violation harmless-error ineffective-assistance jury-determination prejudice sixth-amendment strickland-standard strickland-v-washington Whether the Third Circuit's precedential decision created a conflict among its conflicting decision in Bey v. Superintendent Greene, SCI 856 F3d 230; …
18-8574 William Burton v. Delaware Delaware 2019-03-26 Denied Response WaivedIFP criminal-procedure evidence fair-trial fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel plea-bargaining plea-of-not-guilty prosecutorial-evidence right-to-counsel sixth-amendment Did petitioner's attorney provide ineffective assistance of counsel?
18-8577 Gerald W. Long v. Illinois Illinois 2019-03-26 Denied Response WaivedIFP constitutional-rights due-process evidence evidence-admission fifth-amendment fourteenth-amendment impartial-jury sixth-amendment trial trial-procedure Did the Trial Court violate Gerald Long's Fifth and Fourteenth Amendment right to Due Process and Sixth Amendment right to a trial by an impartial jur…
18-8529 Michael Craig Smith v. Illinois Illinois 2019-03-25 Denied IFP constitutional-rights due-process equal-protection fourteenth-amendment ineffective-assistance post-conviction sixth-amendment Whether counsel on appeal from dismissal of post-conviction petition provided ineffective assistance in violation of Petitioner's Sixth amendment righ…
18-1241 Demetrius Jackson v. Ohio Ohio 2019-03-25 Denied child-protective-services criminal-procedure fifth-amendment police-interrogation right-to-counsel self-incrimination sixth-amendment Whether interrogations by state-employed child protective services caseworkers violate the Fifth and Sixth Amendments, where the caseworkers are requi…
18-8526 Marcel Henderson v. United States First Circuit 2019-03-22 Denied Response WaivedIFP 5th-amendment 6th-amendment circuit-court-split criminal-procedure dixon-standard due-process fifth-amendment imminent-threat justification-defense sixth-amendment Were the petitioner's Fifth and Sixth Amendment rights violated by the ambiguity of the Dixon standard as applied regarding what constitutes a 'well-f…
18-8491 Ernest Marquis Flowers v. Laura Uriarte, et al. Florida 2019-03-20 Denied IFP appeal civil-rights civil-rights-violation constitutional-rights criminal-procedure due-process habeas-corpus judicial-review malicious-prosecution prosecutorial-misconduct sentencing sixth-amendment unlawful-detention Whether petitioner was unlawfully detained in the Florida Department of Corrections under 'fully completed' to verdicts contrary to Florida Supreme Co…
18-8500 Nickey Ardd v. United States Sixth Circuit 2019-03-20 Denied Response WaivedIFP appellate-review civil-rights confidential-informant due-process entrapment fourth-amendment ineffective-assistance-of-counsel search-warrant sixth-amendment warrant-requirement Question not identified
18-8433 Emond Durea Logan v. United States Sixth Circuit 2019-03-18 Denied Response WaivedIFP criminal-proceedings effective-assistance-of-counsel plea-negotiations sixth-amendment strickland-v-washington totality-of-circumstances Whether a defendant may be entitled to relief for an attorney's ineffective assistance, even if another attorney offered reasonable advice
18-8439 Richard Larry Lacey v. Oregon Oregon 2019-03-18 Denied Response WaivedIFP courtroom-removal defendant-misconduct forfeiture misconduct right-to-representation self-representation sixth-amendment trial-rights waiver waiver-forfeiture Does a self-represented defendant waive or forfeit his Sixth Amendment right to representation when the defendant intentionally engages in misconduct …
18-8442 Marc Dutch v. United States Tenth Circuit 2019-03-18 Denied Response WaivedIFP 6th-amendment apprendi criminal-procedure indictment jury prior-convictions sentencing sixth-amendment statutory-interpretation Does 18 U.S.C. § 924(e)(1)'s requirement that prior convictions be 'committed on occasions different from one another' require such facts to be allege…
18-8405 Mohammed Suleiman Roble v. United States District of Columbia 2019-03-15 Denied Response WaivedIFP confrontation-clause criminal-defense criminal-defense-attorney-ineffectiveness due-process exculpatory-evidence government-evidence ineffective-assistance pre-trial-proceedings reasonableness sixth-amendment strickland-v-washington Does Strickland v. Washington require the government's evidence to be weak to find a criminal defense attorney ineffective under the Sixth Amendment?
18-8432 Kelly Foust v. Ohio Ohio 2019-03-15 Denied Response RequestedResponse WaivedRelisted (2)IFP capital-defendant capital-punishment capital-sentencing constitutional-interpretation criminal-procedure death-penalty hurst-precedent hurst-v-florida jury jury-waiver sixth-amendment Does Ohio's death penalty scheme violate the Sixth Amendment right to a jury as explained in Hurst v. Florida?
18-1202 Pedro Montalvo, Jr. v. Ohio Ohio 2019-03-15 Denied 6th-amendment child-pornography computer-age constitutional-rights criminal-procedure doyle-violation due-process massiah-doctrine obscenity right-to-defense scienter sixth-amendment strict-liability Whether Ohio's strict liability for inadvertent child pornography dissemination violates due process, whether defendant's right to mount a defense was…
18-8415 John L. Lotter v. Nebraska Nebraska 2019-03-13 Denied IFP capital-punishment capital-sentencing death-penalty due-process eighth-amendment fourteenth-amendment judicial-discretion jury-trial sentencing sixth-amendment Does Nebraska's capital sentencing scheme requiring a three-judge panel, rather than a jury, to impose a sentence of death violate the Eighth Amendmen…
18-8420 Kevin Anthony Briggs v. Montana Montana 2019-03-13 Denied Response WaivedIFP constitutional-rights defendant-responsibility defense-counsel presumption presumption-of-delay rescheduling-trial sixth-amendment sixth-amendment-claim speedy-trial trial-delay withdrawal-of-counsel Whether a delay caused by permissive withdrawal of defense counsel, and the subsequent delay in rescheduling trial, is presumed to be caused by a defe…
18-8396 Mary Jo Weidrick v. Donald J. Trump, President of the United States District of Columbia 2019-03-12 Denied Response WaivedIFP 5th-amendment 5th-amendment-right-to-counsel 6th-amendment 6th-amendment-right-to-counsel adversarial-process civil-rights constitutional-violation counsel criminal-procedure due-process fifth-amendment investigation right-to-counsel sixth-amendment standing terrorism terrorism-investigation Whether Petitioner's Fifth and Sixth Amendment rights to counsel are violated
18-1181 Tim Shoop, Warden v. Ahmad Fawzi Issa Sixth Circuit 2019-03-12 Denied Relisted (2) aedpa aedpa-standard confrontation-clause crawford-v-washington due-process federal-court-review habeas-corpus retroactivity sixth-amendment state-prisoner-rights supreme-court-precedent Whether a state prisoner's conviction is constitutional under current Supreme Court precedent, even if it violated now-overruled precedent at the time…
18-8371 Martin E. Grant v. Michigan Michigan 2019-03-11 Denied Response WaivedIFP 6th-amendment due-process effective-assistance-of-counsel equal-protection first-degree-murder life-imprisonment motion-for-relief-from-judgment plea-bargaining sixth-amendment Whether Petitioner has been denied the effective assistance of counsel guaranteed by the 6th Amendment to the United States Constitution, during the p…
18-8340 Victor Roblero v. Ralph Diaz, Acting Secretary, California Department of Corrections and Rehabilitation Ninth Circuit 2019-03-08 Denied IFP constitutes a violation of the Sixth Amendment ri specifically the failure to investigate and prese appeal capital-punishment criminal-procedure due-process effective-assistance-of-counsel habeas-corpus ineffective-assistance ineffective-assistance-of-counsel intellectual-disability mental-health sixth-amendment Whether the Sixth Amendment right to effective assistance of counsel was violated when trial counsel failed to investigate and present evidence of the…
18-8319 Jason Ray Flick v. Michael Clark, Superintendent, State Correctional Institution at Albion, et al. Third Circuit 2019-03-07 Denied IFP abuse-of-discretion change-of-venue fair-trial fourteenth-amendment impartial-jury jury-impartiality presumption-of-prejudice pretrial-publicity sixth-amendment Was petitioner denied a fair trial due to the trial court's abuse of discretion?
18-8325 Amaury Villa v. United States Second Circuit 2019-03-07 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process ineffective-assistance sentencing sentencing-calculation sentencing-guidelines sixth-amendment standard-of-review trial-procedure u-s-sentencing-guidelines Whether appellant received the effective assistance of counsel?
18-8273 Cecilio Cuero Payan v. United States Eleventh Circuit 2019-03-06 Denied IFP conflict-free-attorney conflict-of-interest criminal-defendant criminal-procedure ineffective-assistance ineffective-assistance-of-counsel plea-agreement right-to-counsel sixth-amendment waiver Whether, under the sixth amendment, a criminal defendant may waive his right to raise a claim of ineffective assistance of counsel as part of a plea-a…
18-8295 Raymond Lumsden v. Texas Texas 2019-03-06 Denied IFP ake ake-v-oklahoma constitutional-rights cruel-and-unusual-punishment cumulative-error-doctrine dna-expert due-process effective-assistance-of-counsel eighth-amendment ineffective-assistance-of-counsel sixth-amendment strickland-v-washington Did the Court of Appeals commit err by affirming the trial court's erroneous denial of additional funds for the defense's DNA Expert to testify at tri…
18-8300 Paul Glen Everett v. Florida Florida 2019-03-06 Denied IFP capital-case capital-punishment constitutional-defect harmless-error harmless-error-review hurst-v-florida jury-unanimity sixth-amendment sixth-amendment-error structural-defect structural-error trial-mechanism Whether the Sixth Amendment error identified by this Court in Hurst v. Florida is a structural defect that infects the entire constitutionality of the…
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
18-8282 Jason Andrew Wright v. Oregon Ninth Circuit 2019-03-05 Denied Response WaivedIFP appellate-review certificate-of-appealability due-process habeas-corpus ineffective-assistance-of-counsel judicial-discretion sixth-amendment strickland-standard strickland-v-washington Did the Court of Appeals err in denying a certificate of appealability on the petitioner's claim which was brought pursuant to Strickland v. Washingto…
18-8291 Juanita Garcia v. Deborah Johnson, Warden Ninth Circuit 2019-03-05 Denied Response WaivedIFP burden-of-proof criminal-procedure evidence habeas habeas-corpus ineffective-assistance-of-counsel prejudice prejudice-prong sixth-amendment strickland-standard strickland-v-washington Whether a habeas petitioner must show that absent the attorney's deficient performance, no other evidence supported the verdict
18-8238 Rafael Gomez Uranga v. United States Eleventh Circuit 2019-03-04 Denied Response WaivedIFP barker-v-wingo circuit-split constitutional-rights due-process government-delay government-negligence governmental-negligence gross-negligence prejudice sixth-amendment speedy-trial united-states-v-doggett Whether a speedy trial delay caused exclusively by the gross negligence of the Government weighs heavily against the Government
18-8242 Jody Ford McCreary v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-03-04 Denied IFP civil-procedure collateral-review due-process effective-assistance-of-counsel federal-review habeas-corpus ineffective-assistance ineffective-assistance-of-counsel post-conviction-review procedural-default sixth-amendment standing state-court strickland-standards substantive-claim Whether the United States Court of Appeals for the Fifth Circuit abused its discretion in denying a certificate of appealability on the denial of the …
18-8247 Patrick Joseph Kofalt v. United States Third Circuit 2019-03-04 Denied Response WaivedIFP conflict-of-interest constitutional-rights counsel-waiver due-process ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining right-to-counsel sixth-amendment waivers Are all ineffective assistance of counsel waivers per se invalid because they violate the Sixth Amendment's right to conflict-free representation?
18-8259 Nickie Thomas Gray, Jr. v. United States Sixth Circuit 2019-03-04 Denied Response WaivedIFP buck-v-davis certificate-of-appealability civil-rights debatable-standard due-process fourth-amendment habeas-corpus ineffective-assistance-of-counsel jurist-of-reason law-enforcement sixth-amendment sixth-circuit Was the Sixth Circuit's denial of a certificate of appealability erroneous?
18-8182 Monty M. Shelton v. Gene Beasley, Warden Eighth Circuit 2019-03-01 Denied Response WaivedIFP actual-innocence due-process fair-hearing habeas-corpus miscarriage-of-justice non-capital obstruction procedural-hurdles savings-clause sixth-amendment Should meritorious actual innocence claims in non-capital Habeas Corpus filings overcome all procedural hurdles and be afforded at least one full and …
18-8207 Wayland Lynn Dilts v. Michigan Michigan 2019-03-01 Denied IFP constitutional-rights courtroom-closure criminal-procedure due-process fair-trial fundamental-fairness new-trial public-trial secret-trial sixth-amendment trial-fairness Whether Petitioner's Sixth Amendment right to a public trial was violated
18-8231 Alvin Stanley Briggs, Jr. v. United States Eighth Circuit 2019-03-01 Denied Response WaivedIFP appellate-review constitutional-review counsel-claim court-of-appeals criminal-procedure district-court due-process evidentiary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sixth-amendment Whether the court of appeals erred in affirming the district court's denial of petitioner's ineffective assistance of counsel claim
18-8176 Anthony James Brightwell, Jr. v. Mark Capozza, Superintendent, State Correctional Institution at Fayette, et al. Third Circuit 2019-02-28 Denied IFP constitutional-rights criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining sentencing sentencing-error sixth-amendment Was the petitioner's guilty plea knowingly and intelligently made?
18-8199 Michael DeVaughn Johnson v. Arizona Arizona 2019-02-28 Denied IFP automatic-reversal constitutional-law constitutional-rights conviction criminal-procedure critical-stage critical-stages due-process habeas-corpus ineffective-assistance right-to-counsel sixth-amendment trial-counsel Was the Arizona state courts' decision that the absence of the petitioner's trial counsel during two 'critical stages' of the trial did not require au…
18-8147 Jerry Allen Horn v. Kansas Kansas 2019-02-27 Denied Response WaivedIFP constitutional-rights county-of-riverside-v-mclaughlin due-process effective-assistance-of-counsel fifth-amendment fourteenth-amendment fourth-amendment gerstein-hearing investigative-delay res-judicata sixth-amendment state-habeas-corpus supremacy-clause warrantless-arrest Question not identified
18-8151 Loren Williamson, III v. Charles L. Ryan, Director, Arizona Department of Corrections, et al. Ninth Circuit 2019-02-27 Denied Response WaivedIFP 28-usc-2254a 28-usc-2254d conflict-of-interest due-process due-process-equal-protection-disparity equal-protection parties-to-the-proceeding post-conviction post-conviction-process right-to-counsel sixth-amendment sixth-amendment-right-to-counsel Whether a Certificate of Appealability should issue
18-8154 Deondre D. Romero v. Darrel Vannoy, Warden Fifth Circuit 2019-02-27 Denied IFP and whether ineffective assistance of counsel dep due-process fair-trial false-testimony fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct sixth-amendment victim-credibility witness-credibility Whether Petitioner's Fourteenth Amendment right to a fair and impartial trial was violated
18-8160 Paul Wagner v. United States Ninth Circuit 2019-02-27 Denied Response WaivedIFP attorney-conflict circuit-court-split circuit-split criminal-procedure cuyler-v-sullivan ineffective-assistance ineffective-assistance-of-counsel legal-precedent mickens-v-taylor ninth-circuit sixth-amendment supreme-court-interpretation united-states-v-hanoum Whether the Ninth Circuit's decision conflicts with other circuit courts and Supreme Court precedent on the issue of actual conflict between a defenda…
18-8131 Adelfo Pamatmat v. United States Sixth Circuit 2019-02-26 Denied Response WaivedIFP constitutional-rights drug-quantity evidentiary-hearing ineffective-assistance procedural-reasonableness sentencing-guidelines sixth-amendment sixth-circuit strickland-standard strickland-v-washington trial-counsel whether-petitioner-received-effective-assistance-of-counsel
18-8132 Anthony D. Phillips v. Bonita Hoffner, Warden Sixth Circuit 2019-02-26 Denied Response RequestedResponse WaivedRelisted (2)IFP adjudication-on-the-merits AEDPA aedpa-standards constitutional-error due-process evidence-sufficiency ineffective-assistance-of-counsel jackson-v-virginia plain-error plain-error-review sixth-amendment sufficiency-of-evidence Whether a constitutional error reviewed under plain error standards is an adjudication on the merits; and whether AEDPA deferential standards of revie…
18-8122 Ralph Hall v. Darwin LaClair, et al. Second Circuit 2019-02-25 Denied IFP civil-rights due-process federal-jurisdiction habeas-corpus jury-selection newly-discovered-evidence public-trial sixth-amendment standing Whether the Sixth Amendment right to a public trial extends to the voir dire process of jury selection
18-8123 In Re Ronnie Lee Fagan 2019-02-25 Denied Response WaivedIFP acquittal constitutional-rights criminal-procedure criminal-trial defense-counsel double-jeopardy mistrial right-to-counsel sixth-amendment Whether the trial court's exclusion of defense counsel denied the defendant an opportunity to be heard or object to the discharge of the jury, prejudi…
18-8124 Tony Gross v. John Havlin, Warden Ohio 2019-02-25 Denied IFP 14th-amendment 6th-amendment criminal-procedure death-penalty due-process federal-jurisdiction fourteenth-amendment gideon-v-wainwright judicial-jurisdiction right-to-counsel rothgery-v-gillespie-county sixth-amendment state-jurisdiction zerbst-v-johnson Whether states are required to appoint counsel in death penalty cases for all hearings before a judicial officer to sustain a valid conviction
18-8111 Rossahn Black v. United States Sixth Circuit 2019-02-22 Denied Response WaivedIFP bullcoming confrontation confrontation-clause evidence-admissibility expert-witness forensic-evidence forensic-testimony melendez-diaz melendez-diaz-precedent ninth-circuit-interpretation sixth-amendment testimony Whether this Court's decision in Melendez-Diaz v. Massachusetts and Bullcoming v. New Mexico created a bright line rule excluding the testimony of an …
18-8113 Troy Arnaud v. Darrel Vannoy, Warden Fifth Circuit 2019-02-22 Denied Response WaivedIFP attorney-client client-autonomy constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel right-to-counsel right-to-testify self-representation sixth-amendment trial-counsel Whether Arnand was denied his constitutional right to the effective assistance of counsel
18-8115 Kenny Daniel Barrios v. United States Eighth Circuit 2019-02-22 Denied Response WaivedIFP 28-usc-2255 certificate-of-appealability evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel plea-agreement sentencing-guidelines sixth-amendment type-c-plea Whether the failure of counsel to object to inaccurately calculated Sentencing Guidelines is ineffective assistance of counsel
18-1102 Askia Cuff v. Virginia Virginia 2019-02-22 Denied Response Waived abandonment coercion counsel-withdrawal criminal-procedure plea-agreement plea-bargaining right-to-counsel sixth-amendment voluntariness voluntary voluntary-waiver withdrawal Was Appellant's waiver of his Sixth Amendment right to trial, pursuant to a plea agreement, freely and voluntarily made or the product of coercion — t…
18-8048 Darnell D. Owens v. United States Sixth Circuit 2019-02-21 Denied Response WaivedIFP constitutional-interpretation criminal-history due-process federal-law historical-practice judicial-discretion propensity-evidence sixth-amendment sixth-circuit supervised-release Whether the Due Process Clause permits a judge or factfinder to rely on a person's criminal history to conclude that he or she likely committed anothe…
18-8056 Ronald Glick v. Jeff Premo, Superintendent, Oregon State Penitentiary Ninth Circuit 2019-02-21 Denied Response WaivedIFP certificate-of-appealability civil-rights due-process equitable-tolling habeas-corpus ineffective-assistance post-conviction-relief professional-conduct remand sixth-amendment statute-of-limitations Whether petitioner's request for equitable tolling of the statute of limitations period meets the statutory requirement for the issuance of a certific…
18-8057 Duane Allen Short v. Ohio Ohio 2019-02-21 Denied IFP capital-defense capital-punishment death-penalty death-row effective-assistance-of-counsel ineffective-assistance ineffective-assistance-of-counsel mitigation mitigation-evidence plea-bargaining sixth-amendment Whether a capital defendant's Sixth Amendment right to the effective assistance of counsel is violated where, but for counsel's intervention and unfou…
18-8066 Roger E. Magana v. Ron Credio, et al. Ninth Circuit 2019-02-21 Denied Response WaivedIFP criminal-procedure due-process effective-counsel habeas-corpus impartial-jury ninth-circuit sixth-amendment supreme-court-review Does the Ninth Circuit's memorandum decision contravene this Court's rulings affirming the guarantees of effective counsel and an impartial jury for a…
18-8070 Billie Wayne Coble v. Texas Texas 2019-02-21 Denied IFP counsel-objection criminal-defense criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mccoy-precedent objection right-to-counsel sixth-amendment trial-strategy Whether the Texas Court of Criminal Appeals improperly narrowed McCoy
18-8072 John J. Wilson v. Mark S. Inch, Secretary, Florida Department of Corrections Florida 2019-02-21 Denied IFP 14th-amendment 1st-amendment 5th-amendment 6th-amendment access-to-courts appellate-counsel constitutional-violation criminal-procedure discretionary-review due-process pro-se-representation sixth-amendment transcripts Can appellate counsel be denied, forcing a criminal defendant to represent himself in a direct appeal to the state district courts of appeal?
18-8019 Bryan Austin v. United States Eighth Circuit 2019-02-20 Denied Response WaivedIFP appeal certificate-of-appealability circuit-court circuit-split coa congress constitutional-claims due-process habeas-corpus sixth-amendment Whether the determination by the Eighth Circuit Court of Appeals with respect to Petitioner's COA application improperly deviated from the mandates of…
18-8021 Charles R. Baker v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2019-02-20 Denied IFP anti-terrorism-and-effective-death-penalty-act anti-terrorism-effective-death-penalty-act constitutional-rights criminal-procedure due-process effective-assistance-of-counsel first-amendment habeas-corpus ineffective-assistance-of-counsel newly-discovered-evidence sixth-amendment statute-of-limitations Whether the newly discovered evidence presented to the lower Courts was sufficient to toll the one year Statute of Limitation set forth in the 48 U.S.…
18-8022 Leonicio Arias Coreas v. Harold W. Clarke, Director, Virginia Department of Corrections Fourth Circuit 2019-02-20 Denied Response WaivedRelisted (2)IFP actual-innocence criminal-procedure dna-evidence due-process fourteenth-amendment fraud ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct sixth-amendment Did counsel fail to conduct a proper pre-trial investigation
18-8032 Edgar Arellano v. California California 2019-02-20 Denied IFP 14th-amendment 6th-amendment appellate-procedure constitutional-rights criminal-procedure due-process fourteenth-amendment ineffective-assistance pre-trial-investigation right-to-counsel sixth-amendment Ineffective assistance of counsel
18-8037 Jerry Anthony Brandon, aka Jerry L. Brandon v. Louisiana Louisiana 2019-02-20 Denied IFP constitutional-rights due-process effective-assistance-of-counsel equal-protection ineffective-assistance involuntary-absence medical-emergency new-trial sixth-amendment trial-absence voluntary-absence Was the Petitioner's 5th, 6th, & 14th amendment rights to the Constitution of the United States violated?
18-8011 Kevin Kerr v. William P. Barr, Attorney General Eighth Circuit 2019-02-19 Denied Response WaivedIFP 42-usc-1988 6th-amendment civil-rights competency criminal-procedure due-process federal-jurisdiction free-speech pardon pro-se-appearance psychological-evidence self-representation sixth-amendment standing Does 42 U.S.C. § 1988(a) confer jurisdiction on the respondent, the United States District Court, and the United States Court of Appeals conveying to …
18-8012 Tasha Michelle Blackburn v. United States Eleventh Circuit 2019-02-19 Denied Response WaivedIFP counsel-communication criminal-procedure due-process duty-to-advise ineffective-assistance ineffective-assistance-of-counsel plea-acceptance plea-bargaining plea-negotiations professional-responsibility sixth-amendment What constitutes communicating a plea, and does counsel have an obligation to recommend accepting a plea, or rejecting a plea and proceeding to trial?
18-8016 James Goff v. Ohio Ohio 2019-02-19 Denied IFP capital-punishment death-penalty hurst-v-florida judicial-fact-finding jury-trial mitigation-evidence resentencing sentencing sixth-amendment Is a trial judge's independent weighing of new mitigation evidence and imposition of the death penalty at a resentencing hearing unconstitutional unde…
18-8024 Alex Rodriguez v. New Jersey New Jersey 2019-02-19 Denied Relisted (3)IFP constitutional-rights counsel-representation criminal-procedure due-process effective-assistance evidentiary-hearing guilty-plea new-jersey-constitution plea-bargaining pre-trial-preparation pretrial-preparation right-to-counsel sexual-offense sixth-amendment Was the defendant denied the right to effective assistance of trial counsel?
18-7895 Jerry Anderson, II v. Michigan Michigan 2019-02-14 Denied Response WaivedRelisted (2)IFP coercion criminal-procedure due-process effective-assistance-of-counsel ineffective-assistance-of-counsel plea-bargaining right-to-trial sixth-amendment Was the defendant denied his state and federal constitutional rights to effective assistance of counsel when his attorney failed to prepare for trial …
18-7960 Andracos Marshall v. United States Fourth Circuit 2019-02-14 Denied Response WaivedIFP constitutional-rights criminal-forfeiture due-process fifth-amendment fourteenth-amendment honeycutt-v-united-states luis-v-united-states pretrial-restraint pretrial-seizure right-to-counsel sixth-amendment substitute-assets Whether the Government's pretrial criminal forfeiture and seizure of petitioner's untainted substitute assets under 853 has been invalidated based on …
18-7968 Joseph Ragland v. North Carolina North Carolina 2019-02-14 Denied Response WaivedIFP civil-rights criminal-procedure due-process effective-assistance-of-counsel equal-protection postconviction-relief sentencing sixth-amendment state-statute Whether a state statute that limits the availability of postconviction relief violates the Equal Protection and Due Process Clauses of the Fourteenth …
18-7972 Victor D. Vickers, Jr. v. Missouri Missouri 2019-02-14 Denied Amici (1)Response WaivedIFP alibi alibi-evidence criminal-procedure criminal-procedure-discovery-sanctions discovery discovery-violation due-process fourteenth-amendment sixth-amendment taylor-v-illinois willful-violation Whether the exclusion of alibi evidence that could prove a defendant's innocence, as a sanction for an uncalculated discovery violation, is permitted …
18-7975 William Krisstofer Wolf v. United States Ninth Circuit 2019-02-14 Denied Response WaivedIFP certificate-of-appealability constitutional-rights due-process evidentiary-hearing fifth-amendment ineffective-assistance ineffective-assistance-of-counsel perjury perjury-subornation prosecutorial-misconduct sixth-amendment Whether the Ninth Circuit's decision now conflicts with this court's long standing rulings on the known and willing use of perjury of material fact, t…
18-7979 Eric K. Watkins v. United States Sixth Circuit 2019-02-14 Denied Response WaivedIFP 6th-amendment constitutional-vagueness crime-of-violence criminal-law criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel right-to-counsel sixth-amendment statutory-interpretation vagueness Whether the subsection-specific definition of 'crime of violence' in 18 U.S:C. 924(c)(3) (B) is unconstitutionally vague
18-7981 Santos Peter Murillo, aka Peter Santos Murillo v. United States Ninth Circuit 2019-02-14 Denied Response WaivedIFP batson batson-hearing civil-rights discrimination first-amendment fourth-amendment jury-selection public-trial sixth-amendment standing triviality-exception warrantless-search Is there a 'triviality' exception to the First Amendment's and Sixth Amendment's public trial requirement, and, if so, was a hearing regarding Governm…
18-7937 Jaques J. Sullivan v. Scott Lewis, Warden Fourth Circuit 2019-02-13 Denied Response WaivedIFP civil-procedure conflict-of-interest constitutional-rights criminal-procedure dementia due-process fourteenth-amendment ineffective-assistance-of-counsel legal-malpractice sixth-amendment standing Did the lower courts err in dismissing the petitioner's claim of actual conflict of interest due to trial counsel's dementia, which resulted in ineffe…
18-7947 Tyrone Garden v. Massachusetts Massachusetts 2019-02-13 Denied Response WaivedIFP constitutional-right criminal-procedure dispositive-motion effective-assistance-of-counsel guilty-plea ineffective-assistance-of-counsel plea-bargaining pretrial-motion pretrial-motions sixth-amendment strickland-standard strickland-v-washington Where trial counsel failed to update his research on a dispositive pretrial motion to dismiss before the defendant pleaded guilty, did Garden have the…
18-7904 Spassky Alcequiecz v. Kelly A. Ryan, Warden First Circuit 2019-02-12 Denied Response WaivedIFP criminal-procedure due-process fair-trial fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel manslaughter manslaughter-instruction sixth-amendment Whether the petitioner was denied his constitutional right to a fair trial, due to ineffective assistance of counsel
18-7927 Tyrone Anderson v. United States Eighth Circuit 2019-02-12 Denied Response WaivedIFP career-offender career-offender-enhancement criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel sentencing-guidelines sixth-amendment strickland-standard strickland-v-washington townsend-v-burke Whether trial counsel provided ineffective assistance of counsel as required by the Sixth Amendment
18-7873 Troy Sierra v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2019-02-11 Denied IFP constitutional-rights criminal-procedure due-process eyewitness-identification fair-trial false-testimony ineffective-assistance-of-counsel ineffective-counsel right-to-counsel rights-advisement sixth-amendment Why were Petitioner's Fifth, Sixth, and Fourteenth Amendment rights violated?
18-7877 Lester Roger Decker v. United States Ninth Circuit 2019-02-11 Denied Response WaivedIFP attorney-performance constitutional-law constitutional-rights criminal-procedure due-process fair-trial ineffective-assistance ineffective-assistance-of-counsel legal-representation right-to-counsel sixth-amendment Was defendant's attorney's role to fulfill his advisory position to his client ineffective, thus violating client's right to Due Process?
18-7881 Zonta Tavarus Ellison v. United States Fourth Circuit 2019-02-11 Denied Response WaivedIFP alford-plea compulsory-process due-process fair-notice fifth-amendment motion-to-reopen-time rehearing-en-banc right-to-counsel rule-4(a)(6) sixth-amendment writ-of-certiorari Did the appeals court infringe upon petitioner's Fifth Amendment due-process rights
18-7884 Paula Villalva-Patricio v. United States Fifth Circuit 2019-02-11 Denied Response WaivedIFP criminal-procedure due-process fair-trial ineffective-assistance-of-counsel pertinent-information right-to-testify sixth-amendment testify translation-of-proceedings Whether the Defendant received ineffective assistance of counsel when Appellant wished to testify or otherwise introduce pertinent information and her…
18-7885 Christopher VanGuilder v. Daniel Martuscello, Superintendent, Coxsackie Correctional Facility Second Circuit 2019-02-11 Denied Response WaivedRelisted (2)IFP conflict-of-interest criminal-procedure due-process entrapment-defense grand-jury ineffective-assistance ineffective-assistance-of-counsel prejudicial-testimony right-to-counsel sixth-amendment supplemental-instructions supplemental-jury-instructions Whether United States District Second Circuit Court Of Appeals and or said Lower Court's Erred in Failing to grant Petitioner's Ineffective Assistance…
18-7886 Akeen Ocean v. United States First Circuit 2019-02-11 Denied Response WaivedIFP 6th-amendment criminal-procedure deliberate-elicitation government-informant informant-testimony massiah-doctrine massiah-v-united-states post-indictment-rights right-to-counsel sixth-amendment Does 'deliberate elicitation' for purposes of Massiah v. United States occur only in cases where the government has expressly directed its informant t…
18-1052 Zenaido Renteria, Jr. v. United States Third Circuit 2019-02-11 Denied article-iii circuit-split constitutional-interpretation constitutional-rights continuing-offenses criminal-procedure criminal-venue due-process reasonable-foreseeability sixth-amendment Whether the Constitution limits venue in criminal trials to those places where the defendant could reasonably foresee that an overt act would occur
18-7860 Timothy L. Barnes v. Michigan Michigan 2019-02-08 Denied IFP collateral-review constitutional-law criminal-procedure due-process fourteenth-amendment jury-finding mandatory-minimum retroactivity sixth-amendment substantive-rule watershed-rule Does the Alleyne rule apply retroactively on collateral review?
18-7870 Jeremiah W. Balik v. United States Ninth Circuit 2019-02-08 Denied Response WaivedIFP 14th-amendment 4th-amendment 6th-amendment armed-forces-status civil-rights criminal-procedure due-process interlocutory-appeal judicial-bias judicial-review removal removal-jurisdiction sixth-amendment Whether harmful legal error occurred in the lower court proceedings
18-7876 Jordie L. Callahan v. United States Sixth Circuit 2019-02-08 Denied Response WaivedRelisted (2)IFP 6th-amendment competency-hearing criminal-procedure criminal-proceedings direct-appeal due-process effective-assistance-counsel effective-assistance-of-counsel mental-capacity mental-competency mental-evaluation sixth-amendment Whether a Mentally Deficient Defendant is Entitled to a Competency Hearing or Mental Evaluation
18-7770 Michael Paul Bradley v. Georgia Georgia 2019-02-07 Denied Response WaivedIFP appeals confrontation-clause constitutional-law criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel jurisdiction right-to-counsel sixth-amendment Whether the Petitioner's conviction should be overturned due to procedural errors in the trial court
18-7843 Patrick K. Gibson v. Jeri Boe, Superintendent, Clallam Bay Corrections Center Ninth Circuit 2019-02-07 Denied Response WaivedIFP certificate-of-appealability constitutional-rights due-process fair-trial fourteenth-amendment judicial-proceedings judicial-review ninth-circuit sixth-amendment Did the Ninth Circuit Court of Appeals error in denying a Certificate of Appealability?
18-7849 Jesus Pacheco Estudillo v. United States Eighth Circuit 2019-02-07 Denied Response WaivedIFP constitutional-law constitutional-rights direct-appeal effective-assistance effective-assistance-of-counsel evidentiary-hearing facts procedural-due-process relevant-facts sixth-amendment sixth-amendment-violation Whether Petitioner's Sixth Amendment Right To The Effective Assistance was Violated When Counsel Failed to File A Direct Appeal
18-7769 Demetrius Hill v. United States Second Circuit 2019-02-06 Denied Response WaivedIFP brady-violation constitutional-rights due-process exculpatory-evidence government-misconduct ineffective-assistance-of-counsel ineffective-counsel new-trial sentencing sentencing-enhancement sixth-amendment witness-credibility witness-vouching Do exculpatory recordings that were purposefully withheld by the government warrant a new trial?
18-7780 Joseph Lemoine v. Darrel Vannoy, Warden Fifth Circuit 2019-02-06 Denied Response WaivedIFP burden-of-proof burden-of-proof-beyond-reasonable-doubt constitutional-rights daubert-standard due-process effective-assistance-of-counsel essential-elements-of-offense expert-witness fourteenth-amendment reasonable-doubt sixth-amendment sufficiency-of-evidence Whether reasonable jurists could argue that the State failed to meet its burden of proof beyond reasonable doubt
18-7786 Roy Shotwell v. Kevin Genovese, Warden Sixth Circuit 2019-02-06 Denied Response WaivedIFP 4th-amendment 5th-amendment civil-rights criminal-procedure critical-stage dna-analysis dna-evidence dna-testing due-process effective-assistance ineffective-assistance-of-counsel procedural-due-process prosecutorial-misconduct sixth-amendment standing warrantless-seizure Whether the Tennessee courts abused their discretion in denying Petitioner's DNA and post-conviction relief
18-7795 Markus D. Lanieux v. Louisiana Louisiana 2019-02-06 Denied Response WaivedIFP Blakely Blakely-v-Washington Booker Booker-v-United-States criminal-procedure due-process habitual-offender habitual-offender-law jury-trial mandatory-minimum-sentence reasonable-doubt sentencing sentencing-enhancement sixth-amendment Whether the sentencing scheme under Louisiana's Habitual Offender Law is subject to the jury requirements of the Sixth Amendment
18-7759 Travis Buckner v. United States Eleventh Circuit 2019-02-05 Denied Response WaivedIFP effective-representation fourteenth-amendment motion-to-continue right-to-counsel sixth-amendment trial-court-discretion trial-procedure Whether the Defendant was denied his Sixth and Fourteenth Amendment rights to assistance of counsel
18-7771 Tommy Wayne Brotherton v. Jay Cassady, Warden Eighth Circuit 2019-02-05 Denied IFP 14th-amendment 6th-amendment brady-violation due-process fair-trial fourteenth-amendment ineffective-assistance-of-counsel miranda-rights motion-to-suppress sixth-amendment suppression-hearing videotaped-statements Whether petitioner was denied due process and a fair trial when the state court overruled his motion to suppress statements and allowed videotaped sta…
18-7774 Cecil Boyett v. Dwayne Santistevan, Warden, et al. Tenth Circuit 2019-02-05 Denied Relisted (2)IFP ake-v-oklahoma circuit-court civil-rights constitutional-error due-process federal-review gerstien-v-pugh habeas-corpus harmless-error ineffective-assistance-of-counsel petition-denial procedural-due-process sixth-amendment strickland-v-washington Whether petitioner Boyett was denied effective assistance of counsel under the Sixth Amendment
18-7740 Esequiel Joel Rodriguez v. United States Fifth Circuit 2019-02-04 Denied Response WaivedIFP acceptance-of-responsibility certificate-of-appealability due-process government-breach ineffective-assistance ineffective-assistance-of-counsel plea-agreement sentencing-enhancement sixth-amendment Whether it was error to deny Rodriguez a Certificate of Appealability to pursue his Sixth Amendment claim on appeal
18-7745 Alrick A. Evans v. Connecticut Connecticut 2019-02-04 Denied Response WaivedIFP affirmative-defense alleyne-precedent criminal-statute element jury-determination mandatory-minimum sixth-amendment united-states-v-alleyne Whether a state court may interpret a criminal statute so that a fact that triggers a mandatory minimum is termed an 'affirmative defenses' rather tha…
18-7703 Nathan Smith III v. Sherry Pennywell, et al. Ninth Circuit 2019-02-01 Denied IFP 2254(d)(2) cumulative-error de-novo-review deference due-process fact-finding fourteenth-amendment habeas-corpus habeas-corpus-review ineffective-assistance sixth-amendment standard-of-review unreasonable-determination Did the CCA so stretch the facts in this case so unreasonably that no deference could be possible to its interpretation of what occurred in the taco r…
18-7725 Ralph Francis DeLeo v. Francisco J. Quintana, Warden Sixth Circuit 2019-02-01 Denied Response RequestedResponse WaivedRelisted (2)IFP collateral-review due-process judicial-proceeding luis-v-united-states new-watershed-rule powell-v-alabama retroactivity right-to-counsel sixth-amendment supreme-court-rule-10 watershed-rule Should this Court exercise its supervisory power under Supreme Court Rule 10 and grant review of petitioner's case?
18-7727 Gregory Hatt v. United States Fourth Circuit 2019-02-01 Denied Response WaivedIFP criminal-procedure due-process guilty-plea heroin-distribution ineffective-assistance ineffective-assistance-of-counsel medical-causation plea-bargaining sentencing sixth-amendment Whether failure to convey unbiased, complete, or correct information to a defendant during plea bargaining by defense counsel invalidates a guilty ple…
18-7657 Devi Smith v. Patrick Warren, Warden Sixth Circuit 2019-01-31 Denied Response WaivedIFP appellate-counsel appellate-procedure criminal-trial defense-counsel defense-witnesses direct-review effective-assistance-of-counsel ineffective-assistance-of-counsel sixth-amendment trial Was the petitioner deprived of his Sixth Amendment right to the effective assistance of counsel at trial?
18-7693 Dustin Dressner v. Louisiana Louisiana 2019-01-31 Denied IFP brain-damage ineffective-assistance-of-counsel organic-brain-damage penalty-phase prejudice-standard sears-v-upton sixth-amendment strickland-standard strickland-v-washington Whether it violates the Sixth Amendment and this Court's precedent in Strickland v. Washington and Sears v. Upton where trial counsel failed to follow…
18-7696 Tony J. Walton v. David Ballard, Warden Fourth Circuit 2019-01-31 Denied Response RequestedRelisted (2)IFP due-process fourteenth-amendment impartial-jury judicial-discretion jury-deliberations jury-impartiality sixth-amendment voir-dire Were the Petitioner's due process right to an impartial jury under the Sixth and Fourteenth Amendment to the Constitution violated when the trial judg…
18-7697 Duane Yates v. Iowa Iowa 2019-01-31 Dismissed Response WaivedIFP civil-rights criminal-procedure due-process equal-protection fourteenth-amendment postconviction prison-discipline self-defense sixth-amendment whether-inmates-who-file-a-postconviction-under-io Whether inmates who file a postconviction under lowa Code 822 in the lowa District Court's are denied the equal protection of law under the Sixth and …
18-7699 Facundo Ruiz-Ruiz v. United States Fifth Circuit 2019-01-31 Denied Response WaivedIFP almendarez-torres constitutional-law criminal-procedure due-process recidivism sentencing sixth-amendment supreme-court Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)?
18-7707 Antonio Anguiano v. United States Ninth Circuit 2019-01-31 Denied Response WaivedIFP criminal-justice-act defense-counsel defense-function due-process independent-counsel judicial-control sixth-amendment structural-error Whether, in upholding structural error flowing from judicial control over the defense function under the Criminal Justice Act, 18 U.S.C. § 3006A, the …
18-996 Charles Lavel Stringer v. Storesonline, Inc., et al. Mississippi 2019-01-31 Denied Response Waived chancery-court civil-procedure civil-procedure-28-usc-1654 civil-rights constitutional-rights due-process first-amendment fourteenth-amendment pro-se pro-se-representation sixth-amendment standing statutory-interpretation Did the Mississippi Supreme Court refuse to apply the mandatory language in the use of the word of shall in Mississippi Code of Ann § 11-1-17 in viola…
18-7658 Julius Darius Jones v. Oklahoma Oklahoma 2019-01-30 Denied IFP capital-punishment constitutional-rights due-process eighth-amendment equal-protection fourteenth-amendment juror-bias post-conviction post-conviction-review racial-prejudice sixth-amendment Whether newly-discovered evidence establishes that racial prejudice influenced the decision of at least one juror to convict Mr. Jones and sentence hi…
18-7675 Eric Hayes v. United States Third Circuit 2019-01-30 Denied Response WaivedIFP abstract-approach circuit-court collateral-appeal constitutional-law crawford-v-washington criminal-appeal daubert-v-merrell-dow double-jeopardy federal-rules-of-evidence illinois-v-vitale sixth-amendment supreme-court-precedent whalen-v-united-states Whether the circuit court departed from the established rules of Whalen v. United States and Illinois v. Vitale regarding the double jeopardy clause
18-7678 Alfonso Hernandez v. United States Ninth Circuit 2019-01-30 Denied Response WaivedIFP client-attorney-relationship client-autonomy constitutional-rights criminal-procedure due-process ineffective-assistance motion-to-dismiss sixth-amendment sixth-amendment-right-to-counsel sixth-circuit speedy-trial-act trial-counsel Can a defense lawyer, consistent with the Sixth Amendment, contravene his client's wishes to object to a violation of the Speedy Trial Act?
18-7682 Stacie Demers v. United States Second Circuit 2019-01-30 Denied Response WaivedIFP appeal appellate-review circuit-court counsel criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel legal-claim sixth-amendment Whether the Circuit Court of Appeals should have decided Ms. Demers's claim of ineffective assistance of counsel
18-7635 Harold Hall v. Alabama Alabama 2019-01-29 Denied Response WaivedRelisted (2)IFP adversarial-process due-process effective-assistance-of-counsel fair-trial sentencing-enhancements sixth-amendment united-states-v-cronic Whether Mr. Hol was denied effective assistance of counsel required by the Federal constitution's Sixth Amendment
18-7644 Carlos Benitez v. James Key, Superintendent, Airway Heights Corrections Center Ninth Circuit 2019-01-29 Denied Response WaivedIFP appellate-review conflict-of-interest constitutional-provisions criminal-procedure due-process effective-counsel evidentiary-hearing habeas habeas-corpus legal-claim right-to-counsel sixth-amendment standard-of-appealability standard-of-review Did trial counsel have a conflict of interest by simultaneously representing Mr. Benitez and a defense witness?
18-978 Josephenie Robertson v. Republic of Nicaragua, et al. Ninth Circuit 2019-01-29 Denied civil-rights constitutional-rights due-process due-process,equal-protection,first-amendment,sixth equal-protection first-amendment political-question-doctrine sixth-amendment standing Whether the Petitioner was deprived of an independent, neutral, and impartial tribunal
18-7597 Carlos E. Ponce v. D. Baughman, Warden Ninth Circuit 2019-01-28 Denied IFP appellate-procedure certificate-of-appealability civil-rights constitutional-rights due-process eighth-circuit-court-of-appeals fourteenth-amendment habeas-corpus ineffective-assistance-of-counsel prima-facie-showing sixth-amendment Whether the Ninth Circuit Court of Appeals erred in denying the issuance of a certificate of appealability based on the decision that the petitioner d…
18-7599 Jesus E. Moreno Ornelas v. United States Ninth Circuit 2019-01-28 Denied IFP compulsory-process constitutional-right criminal-procedure defense-witness discovery discovery-order due-process exclusion non-disclosure sixth-amendment tactical-advantage willful-nondisclosure Whether the Compulsory Process Clause of the Sixth Amendment precludes exclusion of an undisclosed defense witness to enforce a discovery order if the…
18-7603 Raymond Zayas v. Jamey Luther, Superintendent, State Correctional Institution at Laurel Highlands, et al. Third Circuit 2019-01-28 Denied IFP certificate-of-appealability civil-rights crawford-claim due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel martinez-exception martinez-v-ryan procedural-default sixth-amendment Whether this Court should vacate the Third Circuit's Order denying a Certificate of Appealability and remand so the Third Circuit can apply Martinez-v…
18-7614 Michael Jacoby v. United States Tenth Circuit 2019-01-28 Denied Response WaivedIFP 6th-amendment circuit-court-review circuit-split due-process effective-assistance-of-counsel eighth-circuit habeas-corpus ineffective-assistance ninth-circuit reasonable-jurist reasonable-jurist-standard sixth-amendment strickland-standard undermining-of-confidence-in-verdict Ineffective-assistance-of-counsel
18-7582 Ralph Nicholas Canete v. Chuck Keeton, Warden Ninth Circuit 2019-01-25 Denied IFP compulsory-process constitutional-rights criminal-procedure due-process evidence fair-trial fifth-amendment fourteenth-amendment material-evidence sixth-amendment Whether the destruction of material evidence by the government violates the right to due process
18-7563 Lynce P. Foster v. United States Sixth Circuit 2019-01-24 Denied Response WaivedIFP 6th-amendment civil-rights constitutional-law constitutional-violation criminal-procedure due-process habeas-corpus ineffective-assistance legal-representation right-to-counsel sixth-amendment united-states-constitution Whether counsel were ineffective for not representing petitioner according to a counsel guaranteed to the petitioner by the Sixth Amendment of the Uni…
18-952 Christopher Anthony Mountjoy, Jr. v. Colorado Colorado 2019-01-24 Denied Amici (1) apprendi-precedent apprendi-v-new-jersey colorado-sentencing colorado-sentencing-system constitutional-interpretation jury-determination legal-elements sentencing-factors sixth-amendment sixth-amendment-precedent united-states-v-gaudin Whether the rule of United States v. Gaudin applies to sentencing factors covered by Apprendi v. New Jersey
18-7512 Ronald Jackson v. Illinois Illinois 2019-01-22 Denied Response WaivedIFP civil-rights compulsory-process confrontation-clause constitutional-rights criminal-procedure due-process evidentiary-ruling ineffective-assistance-of-counsel prosecutorial-misconduct right-to-a-fair-trial right-to-fair-trial sixth-amendment state-court subjective-intent Whether counsel provided ineffective assistance by failing to adequately investigate and present exculpatory evidence
18-7488 Billy R. Lewis v. Louisiana Louisiana 2019-01-18 GVR Response RequestedResponse WaivedRelisted (3)IFP criminal-conviction criminal-procedure due-process fourteenth-amendment jury-trial nonunanimous-jury nonunanimous-verdict ramos-v-louisiana sixth-amendment Does the right to a jury trial guaranteed by the Sixth Amendment, as applied to the States through the Fourteenth Amendment, allow a criminal convicti…
18-7496 Nemiah Allan v. Connecticut Connecticut 2019-01-18 Denied Response WaivedIFP affirmative-defense alleyne-precedent criminal-statute element jury-determination mandatory-minimum sixth-amendment united-states-v-alleyne Whether a state court may interpret a criminal statute so that a fact that triggers a mandatory minimum is termed an 'affirmative defenses' rather tha…
18-7497 Carl Burnie Wellborn v. Shane Jackson, Warden Sixth Circuit 2019-01-18 Denied Response WaivedIFP fair-cross-section fundamental-fairness fundamental-unfairness habeas-corpus prejudice procedural-default sixth-amendment structural-error Can reasonable jurists debate whether habeas petitioners asserting procedurally defaulted fair cross-section claims must show actual prejudice or that…
18-7506 Jonathan Glen Turner v. United States Ninth Circuit 2019-01-18 Denied Response WaivedIFP circuit-split criminal-procedure dilatory-conduct due-process manipulative-conduct obstreperous-conduct right-to-counsel sixth-amendment waiver Whether a defendant may waive his Sixth Amendment right to counsel by dilatory, obstreperous, or manipulative conduct, as opposed to express statement
18-937 Abelino Manriquez v. Ralph Diaz, Acting Secretary, California Department of Corrections and Rehabilitation California 2019-01-18 Denied actual-bias capital-case capital-punishment fourteenth-amendment habeas-corpus implied-bias juror-bias jury-impartiality life-experiences sixth-amendment What test determines whether a juror's life experiences are so similar to facts in the case that the juror must be disqualified for bias under the Six…
18-7468 Robert Charles Jones v. Jack Palmer, Warden, et al. Ninth Circuit 2019-01-17 Denied Response WaivedIFP attorney-advice criminal-procedure due-process habeas-corpus hill-v-lockhart ineffective-assistance ineffective-assistance-of-counsel life-without-parole parole plea-bargaining post-conviction-relief sentencing sixth-amendment Whether Jones received ineffective assistance of counsel
18-7473 William Dale Albright v. Kansas Kansas 2019-01-17 Denied Response WaivedIFP alleyne alleyne-decision alleyne-v-united-states apprendi apprendi-rule criminal-law criminal-procedure due-process judicial-interpretation sentencing sentencing-enhancement sixth-amendment supreme-court-precedent Does this Court's decision in Alleyne v. United States, 570 US 99 (2013) announce a new rule or was it dictated by Apprendi v. New Jersey, 530 US 466 …
18-7478 Lloyd Michael Blair v. Michigan Michigan 2019-01-17 Denied IFP constitutional-error criminal-procedure due-process habeas-corpus jurisdiction jurisdictional-defect jury-trial post-conviction-relief relief resentencing sentencing sentencing-procedure sixth-amendment Are the sentencing proceedings that were found to be unconstitutional made to be invalid?
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…
18-7439 Gregory M. Ward v. United States Fifth Circuit 2019-01-16 GVR Response RequestedResponse WaivedRelisted (3)IFP appeal-preservation appeal-rights due-process evidence-hearing evidentiary-hearing guilty-plea ineffective-assistance motion-to-suppress plea-bargaining sixth-amendment trial-counsel Ineffective-assistance-of-counsel
18-7457 Charles Edward Case v. California California 2019-01-16 Denied IFP capital-punishment constitutional-amendment criminal-sentencing death-penalty fifth-amendment fourteenth-amendment jury jury-finding reasonable-doubt sixth-amendment Does California's death penalty scheme violate the requirement under the Fifth, Sixth and Fourteenth Amendments that every fact other than a prior con…
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…
18-922 Abraham M. Fisch v. Texas Texas 2019-01-16 Denied attorney-fees client-rights criminal-defense-attorney criminal-procedure due-process excessive-fines forfeiture sixth-amendment standard-of-review What is the appropriate standard of review for the forfeiture of attorney's fees?
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
18-7396 Alonzo Fishback v. Mike Parris, Warden Sixth Circuit 2019-01-14 Denied Response WaivedIFP aedpa credibility credibility-of-counsel deference-to-state-court due-process federal-review federal-review-of-state-court-findings habeas-corpus ineffective-assistance-of-counsel mandatory-minimum-sentencing sixth-amendment state-post-conviction state-post-conviction-review Whether the federal court must accept that trial counsel's performance was adequate simply because trial counsel testified his performance was adequat…
18-7374 David Mejia v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-01-11 Denied Response WaivedIFP aedpa counsel-performance fifth-circuit habeas-corpus ineffective-assistance ineffective-assistance-of-counsel post-hoc-rationalization sixth-amendment strickland-test strickland-v-washington wiggins-v-smith Whether the Fifth Circuit erred in holding that a court may indulge 'post hoc rationalization' for counsel's decision making that contradicts the avai…
18-7382 Jervon L. Herbin v. Virginia Virginia 2019-01-11 Denied IFP constitutional-rights criminal-procedure cruel-and-unusual-punishment due-process equal-protection ex-post-facto habeas-corpus ineffective-assistance ineffective-assistance-of-counsel retroactive-application retroactivity sentencing sixth-amendment structural-defect Did the Lower Court(s) Err in refusing to grant retroactive application to Fishback v. Commonwealth?
18-7367 Darwin Markeith Huggans v. United States Eighth Circuit 2019-01-10 Denied Response WaivedIFP case-review counsel-advice criminal-procedure due-process evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel judicial-review lee-v-united-states legal-standard misinformation sixth-amendment Was the lower court required to address an evidentiary hearing when the evidence clearly showed that Huggins was misinformed based on counsel's advice…
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…
18-7351 Rahmad Lashad Geddes v. United States Eighth Circuit 2019-01-10 Denied Response WaivedIFP alleyne appellate-review apprendi civil-rights criminal-procedure due-process ex-post-facto habeas-corpus mandatory-minimum sentencing sentencing-guidelines sixth-amendment statutory-interpretation supreme-court-precedent Can a court of appeals sanction a lower court's departure from this court's well-established precedents that effectively conflates the standard of rev…
18-7353 Nathaniel Jackson v. Ohio Ohio 2019-01-10 Denied IFP capital-punishment death-penalty eighth-amendment judge-sentencing judicial-sentencing jury-recommendation jury-sentencing jury-trial sixth-amendment spaziano-v-florida Is Ohio's death penalty scheme unconstitutional under Hurst v. Florida?
18-7322 Robert R. Yerton, Jr. v. Jason Bryant, Warden Tenth Circuit 2019-01-09 Denied Relisted (2)IFP appeal confrontation-clause criminal-appeal criminal-procedure due-process expert-witness federal-appeal indigent-defense sixth-amendment tenth-circuit Whether the Tenth Circuit Court erred in holding that the District Court of Tulsa County's refusal to permit a unique expert defense witness to presen…
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…
18-7344 Tony Dickinson v. United States Seventh Circuit 2019-01-09 Denied Response WaivedIFP 6th-amendment criminal-defense entrapment fourteenth-amendment government-misconduct ineffective-assistance-of-counsel pre-indictment-delay sixth-amendment structural-error Whether the 6th Amendment permits the introduction of a criminal defendant's pre-indictment delay caused by the government as substantive evidence of …
18-7278 Briand Williams v. California California 2019-01-08 Denied Response WaivedIFP appellate-counsel due-process equal-protection plea-bargain record-on-appeal statute-of-limitations appellate-counsel appellate-record due-process equal-protection ineffective-assistance Ineffective-assistance-of-counsel plea-bargain sixth-amendment statute-of-limitations strickland-standard Ineffective-assistance-of-counsel,due-process,equal-protection,statute-of-limitations,plea-bargain,appellate-record
18-7279 Christian Thomas v. District Attorney of Lancaster County, Pennsylvania Third Circuit 2019-01-08 Denied IFP 8th-amendment civil-rights collateral-review constitutional-review due-process eighth-amendment federal-question graham grant juvenile-sentencing mental-capacity miller sixth-amendment teague Whether a federal question is raised by a claim that a state collateral review erroneously failed to find a Teague, Graham, and Grant case and Miller …
18-7292 Marco Whitley, Sr. v. United States Eighth Circuit 2019-01-08 Denied Response WaivedIFP attorney-client-privilege attorney-client-relationship crime-of-violence criminal-law due-process eighth-circuit prejudice second-degree-robbery sentencing sixth-amendment violent-crime Did the Eighth Circuit err by holding Missouri's Second Degree Robbery is always considered to necessarily be a crime of violence?
18-7242 Dauntorian Lyndel Sanders v. Arizona Arizona 2019-01-07 Denied IFP constitutional-interpretation criminal-procedure death-penalty due-process eighth-amendment fourteenth-amendment precedent sixth-amendment supreme-court-precedent Whether Arizona follows the precedent of Simmons v. South Carolina, 512 U.S. 154 (1994), as set forth in Lynch v. Arizona, 136 S. Ct. 1818 (2016)
18-7254 Alvin E. Thomas v. United States Third Circuit 2019-01-07 Denied Response WaivedIFP 6th-amendment actual-prejudice automatic-reversal collateral-review counsel-of-choice fundamental-unfairness ineffective-assistance ineffective-assistance-of-counsel sixth-amendment structural-error Is automatic reversal required where a defendant was denied counsel of choice due to the ineffective assistance of counsel?
18-7259 Jack E. Allen v. Barry Smith, Superintendent, State Correctional Institution at Houtzdale Pennsylvania 2019-01-07 Denied IFP batson-v-kentucky civil-rights due-process false-imprisonment fourteenth-amendment habeas-corpus ineffective-assistance innocence reasonable-doubt sixth-amendment Did the petitioner give the first opportunity of the state supreme court to resolve such claims, issues, contentions in a state habeas corpus?
18-7230 Antwain D. Ashley v. Julie L. Jones, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2019-01-04 Denied Response WaivedIFP criminal-procedure due-process effective-assistance-of-counsel open-plea plea-bargaining sentencing sixth-amendment Whether Ashley Was Denied His Sixth Amendment Right to Effective Assistance of Counsel
18-848 Courtney Valle Bisbee v. Charles L. Ryan, Director, Arizona Department of Corrections, et al. Ninth Circuit 2019-01-04 Denied actual-innocence certificate-of-appealability constitutional-claims evidentiary-hearing habeas-corpus habeas-review ineffective-assistance ineffective-assistance-of-counsel jury-trial sixth-amendment Whether Petitioner is entitled to an evidentiary hearing on her ineffective assistance of counsel claim
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 …
18-7208 Nicholas Maslonka v. Noah Nagy, Warden Sixth Circuit 2019-01-02 Denied Response RequestedRelisted (2)IFP constructive-denial critical-stage cronic-standard cronic-v-united-states habeas-corpus right-to-counsel sixth-amendment state-action Is there a requirement that state action contribute to counsel's absence from a critical stage of the proceedings in order for there to be a construct…
18-7194 Brandon Lee Colbert v. California California 2018-12-28 Denied Response WaivedIFP batson batson-challenge impartial-jury jury-selection peremptory-challenge police-misconduct race-neutral race-neutral-reason sixth-amendment Does the Sixth Amendment right to an impartial jury permit the reviewing court, at Batson's first stage, to conclude that a minority venire member's n…
18-7199 Adelmo A. Fauntleroy v. Virginia Virginia 2018-12-28 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process effective-counsel incarceration ineffective-assistance-of-counsel reasonable-doubt right-to-counsel sixth-amendment Did the Court have sufficient evidence beyond a reasonable doubt to convict the petitioner under the Sixth Amendment
18-7174 Shawndell Everson v. New York New York 2018-12-27 Denied Response WaivedIFP appeal-denial civil-rights constitutional-rights counsel-of-choice due-process effective-assistance ineffective-counsel public-trial sixth-amendment trial-rights Did the State of New York deny petitioner his civil rights, liberties, and due process of law, guaranteed by the Constitution of the United States, by…
18-7181 Antonio Amar White v. United States Fifth Circuit 2018-12-27 Denied Response WaivedIFP dismissed-conduct district-court due-process judge-found-facts sentencing sixth-amendment sixth-amendment-violation unreasonable-sentence Whether Petitioner's sentence violated the Sixth Amendment
18-7170 Jonathan Yancey v. Alabama Alabama 2018-12-26 Denied IFP civil-procedure criminal-procedure due-process effective-assistance-of-counsel equal-protection exculpatory-evidence first-amendment ineffective-assistance-of-counsel sixth-amendment standing takings Whether the petitioner's Sixth Amendment right to effective assistance of counsel was violated when his trial counsel failed to investigate and presen…
18-7165 Drakile Leroy Jones v. Michigan Michigan 2018-12-21 Denied IFP confrontation-clause crawford-precedent crawford-v-washington criminal-procedure due-process evidence michigan-supreme-court sixth-amendment standing state-court-appeal supervisory-power williamson-v-united-states Whether the decision of the Michigan Court of Appeals conflicts with Crawford v. Washington?
18-7099 Richard Allen Ratushny v. Kevin Kauffman, Superintendent, State Correctional Institution at Huntingdon, et al. Third Circuit 2018-12-20 Denied IFP Brady-v-Maryland brady-violation conflict-of-interest crimen-falsi due-process right-to-counsel sixth-amendment welfare-fraud Was the petitioner denied his Sixth Amendment right to counsel?
18-7155 Alfredo Provencio v. Joe Lizarraga, Warden Ninth Circuit 2018-12-20 Denied IFP 14th-amendment 5th-amendment 6th-amendment aedpa custodial-interrogation due-process fifth-amendment habeas-corpus miranda-rights sixth-amendment Whether defendant's incriminating statements and body language should be excluded as custodial interrogation without Miranda advisement
18-791 Kyle James Moesch v. Texas Texas 2018-12-20 Denied Response Waived collateral-proceedings collateral-review constitutional-rights douglas-v-california due-process equal-protection ineffective-assistance ineffective-assistance-of-counsel martinez-v-ryan right-to-counsel sixth-amendment Whether a prisoner who raises a claim of ineffective assistance of trial counsel in initial-review collateral proceedings is entitled to the assistanc…
18-7096 Reinaldo Santos v. United States Eleventh Circuit 2018-12-19 GVR Response RequestedResponse WaivedRelisted (4)IFP acca acca-violent-felony armed-career-criminal-act battery categorical-approach circuit-split descamps divisibility florida florida-battery mathis mens-rea modified-categorical-approach sixth-amendment violent-felony Is the 'touches or strikes' language in the Florida battery statutes divisible under Descamps v. United States and Mathis v. United States, permitting…
18-7101 John Samuel Ghobrial v. California California 2018-12-19 Denied IFP capital-punishment constitutional-rights criminal-procedure criminal-sentencing death-penalty due-process fifth-amendment fourteenth-amendment jury-finding jury-trial reasonable-doubt sentencing sixth-amendment statutory-maximum Does California's death penalty scheme violate the requirement under the Fifth, Sixth, and Fourteenth Amendments that every fact that serves to increa…
18-7107 Naeem-Lateef Odums v. United States Fourth Circuit 2018-12-19 Denied Response WaivedIFP 5th-amendment-due-process,6th-amendment-right-to-c 5th-amendment-due-process,sentencing-discretion,me 6th-amendment attorney-client-privilege criminal-procedure due-process effective-assistance-of-counsel fifth-amendment ineffective-assistance-of-counsel intentional-deception mental-health-evaluation sentencing sixth-amendment Does it violate the 6th Amendment right to effective-assistance-of-counsel when a defendant's lawyer intentionally-deception
18-7118 Richard E. Lynch v. Florida Florida 2018-12-19 Denied IFP death-penalty eighth-amendment fourteenth-amendment hurst-v-florida ineffective-assistance-of-counsel jury-fact-finding sixth-amendment Whether the State of Florida violated Petitioner's rights under the Sixth, Eighth, and Fourteenth Amendments
18-7075 Patrick Martinez v. Texas Texas 2018-12-18 Denied IFP criminal-law criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel Lafler-v-Cooper parole parole-eligibility plea-bargaining reasonable-probability sixth-amendment Whether the decision below is irreconcilable with Lafler v. Cooper and the reasonable probability standard for analyzing prejudice in ineffective assi…
18-7068 Nelson Figueroa v. United States Sixth Circuit 2018-12-17 Denied Response WaivedIFP alleyne almendarez-torres apprendi apprendi-rule constitutional-protections due-process due-process-clause federal-sentencing-guidelines jury-trial prior-conviction prior-conviction-exception sentencing-guidelines sixth-amendment Whether the rule of Apprendi must apply to the Federal Sentencing Guidelines to comport with the constitutional protections of due process and jury tr…
18-762 Jaime Valente Pina, Jr. v. United States Sixth Circuit 2018-12-14 Denied Relisted (2) conflict-of-interest criminal-indictment federal-prosecution plea-bargaining pre-indictment right-to-counsel sixth-amendment state-charges state-prosecution Whether the Sixth Amendment right to counsel attaches before the filing of a formal federal criminal charge
18-7016 Tuad Damonn Washington v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2018-12-13 Denied Relisted (2)IFP batson-challenge batson-v-kentucky civil-rights constitutional-claims discrimination due-process equal-protection fourteenth-amendment jury-selection peremptory-strikes racial-discrimination sixth-amendment standing whether-district-court-assessment-was-debatable
18-7028 Jameel Simpson v. James Erkerd, et al. Third Circuit 2018-12-13 Denied Response WaivedIFP actual-innocence conflict-of-interest constitutional-rights criminal-defense criminal-procedure effective-assistance effective-assistance-of-counsel prejudice sixth-amendment wrongful-conviction Petitioner was denied effective assistance of counsel due to conflict of interest
18-7010 Jermaine Mitchell v. United States First Circuit 2018-12-12 Denied Response WaivedIFP confrontation-clause expert-testimony expert-witness forensic-evidence lab-reports law-enforcement-testimony lay-testimony narcotics narcotics-testimony scientific-evidence sixth-amendment testimonial-evidence Whether law enforcement (lay) testimonies about the narcotics character of certain substances may be shined with the expert testimonial gloss of unpro…
18-6968 Alejandro Quinones Leyva v. United States District Court for the District of South Carolina Fourth Circuit 2018-12-11 Denied Response WaivedIFP 6th-amendment criminal-procedure ineffective-assistance ineffective-assistance-of-counsel language-barriers notice-of-appeal plea-bargaining prejudice right-to-counsel sentencing sentencing-rights sixth-amendment Whether the defendant received ineffective assistance of counsel due to counsel's failure to file a notice of appeal
18-744 Mark Unger v. David Bergh, Warden Sixth Circuit 2018-12-11 Denied criminal-procedure due-process effective-assistance-of-counsel expert-testimony habeas-corpus ineffective-assistance-of-counsel junk-science sixth-amendment Whether the Sixth Amendment guarantee of effective assistance of counsel is violated when counsel fails to expose junk science that sends his client t…
18-749 JoEllen Mary Crossett v. Michigan Michigan 2018-12-11 Denied conflicts-of-interest constitutional-rights due-process effective-assistance-of-counsel impartial-jury ineffective-assistance-of-counsel juror-bias jury-selection peremptory-challenges prejudice sixth-amendment state-and-federal-rights trial-procedure Was Petitioner denied her state and federal rights to the effective assistance of counsel, and did Michigan Court of Appeals err when it confirmed wit…
18-6949 Eric A. Klein v. United States Second Circuit 2018-12-07 Denied Response WaivedRelisted (2)IFP critical-stages federal-felony johnson-v-zerbst limited-appearance plea-negotiations pro-se right-to-counsel sixth-amendment sixth-amendment-right-to-counsel waiver-of-counsel Whether the district court should address the facts showing a violation of the Sixth Amendment right to counsel post-arraignment and for critical stag…
18-6961 In Re Michael D. Johnson 2018-12-07 Denied IFP 6th-amendment constitutional-law criminal-procedure due-process jury-reduction jury-selection right-to-counsel sixth-amendment Does the Sixth Amendment demand the assistance of counsel for a defendant during jury selection or jury reduction?
18-6967 Michael Danilovich, aka Sealed Defendant 2, aka Mike Daniels, aka Fat Mike, aka Mike D v. United States Second Circuit 2018-12-07 Denied Response WaivedIFP appointment-of-counsel civil-rights criminal-procedure due-process indigent-defendant legal-representation qualified-reappointment reappointment-of-counsel right-to-counsel sixth-amendment Whether an indigent defendant has a qualified right to reappointment of counsel
18-6940 Dalray Kwane Andrews v. Warren L. Montgomery, Warden Ninth Circuit 2018-12-06 Denied IFP appellate-review criminal-procedure dilatory faretta-right faretta-v-california habeas-corpus self-representation sixth-amendment timeliness trial-court Whether the Ninth Circuit erred in holding that Faretta clearly established a requirement that a request for self-representation must be made at least…
18-6909 Albert Andrew Lucero v. Kim Holland, Warden Ninth Circuit 2018-12-04 Denied Response WaivedIFP bruton-rule bruton-v-united-states co-defendant confrontation-clause confrontation-clause-rights crawford-analysis crawford-v-washington harmless-error joint-trial sixth-amendment testimonial-statement Was the California Court of Appeal's decision contrary to, or an unreasonable application of, this Court's jurisprudence holding that the Sixth Amendm…
18-6916 Troy Lincoln Powell v. California California 2018-12-04 Denied IFP constitutional-rights criminal-sentencing death-penalty due-process eighth-amendment fifth-amendment fourteenth-amendment mental-illness sixth-amendment Does the imposition of the death penalty on a severely mentally ill defendant violate the Fifth, Sixth, Eighth and Fourteenth Amendments?
18-6884 Isaiah Glenndell Tryon v. Oklahoma Oklahoma 2018-11-30 Denied IFP aggravating-factors appellate-review criminal-procedure death-penalty hurst-v-florida jury-trial mitigating-circumstances ring-v-arizona sixth-amendment Whether the Sixth Amendment prohibits a state appellate court from reweighing aggravating and mitigating circumstances and determining that death is t…
18-6885 Stephen Anthony Marquez v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2018-11-30 Denied IFP business-records confrontation-clause constitutional-amendments crawford-v-washington criminal-procedure due-process fourteenth-amendment medical-records sixth-amendment Does Due Process to cross-examine still apply in all criminal cases?
18-6869 Mario Andrette McNeill v. North Carolina North Carolina 2018-11-29 Denied IFP capital-defendant capital-defendant-instructions capital-punishment counsel counsel-decision-making cruel-and-unusual-punishment eighth-amendment mitigating-evidence right-to-counsel sixth-amendment Whether the Sixth Amendment right to counsel and the Eighth Amendment prohibition on cruel and unusual punishment allow a state to give binding force …
18-6873 Angela Armenta v. United States Seventh Circuit 2018-11-29 Denied Response WaivedIFP 5th-amendment-6th-amendment burden-of-proof constitutional-rights criminal-procedure due-process evidence fifth-amendment jury reasonable-doubt sentencing sixth-amendment Is the absence of evidence probative evidence of proof beyond a reasonable doubt?
18-6879 Darren Hogue v. Brad Cain, Superintendent, Snake River Correctional Institution Ninth Circuit 2018-11-29 Denied Response WaivedIFP appellate-review circuit-court-decision due-process federal-courts federal-habeas-corpus habeas-corpus ineffective-assistance-of-counsel plea-bargaining plea-colloquy sixth-amendment standard-of-review waiver-hearing Did the Ninth Circuit's memorandum decision contravene this Court's command that a proper review of a viable Sixth Amendment claim of ineffective assi…
18-6847 Sergio Antonio Haro v. United States Ninth Circuit 2018-11-28 Denied Response WaivedIFP effective-assistance-of-counsel evidentiary-hearing government-agent-reports impeachment impeachment-of-credibility magistrate-judge magistrate-judge-plea-negotiations plea-negotiations prejudice pro-se pro-se-habeas sixth-amendment Ineffective-assistance-of-counsel
18-6827 Eric Williams v. New York New York 2018-11-27 Denied Response WaivedIFP barber-v-page confrontation-clause criminal-procedure deportation good-faith-effort significant-public-benefit-parole sixth-amendment unavailability witness-testimony Whether prosecutors may dispense with the Confrontation Clause of the Sixth Amendment, and may be relieved of the obligation recognized in Barber v. P…
18-6828 Gregg Thomas v. Maryland Maryland 2018-11-27 Denied Response WaivedIFP appellate-review constitutional-law constitutional-rights criminal-procedure effective-assistance-of-counsel sixth-amendment sufficiency-of-evidence trial-counsel Was the evidence sufficient to sustain Petitioner's convictions, and was Petitioner denied his Sixth Amendment Right under the United States Constitut…
18-6837 Robert L. Swinton, Jr. v. Julie L. Jones, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2018-11-27 Denied IFP anders-brief appellate-review collateral-attack due-process extraordinary-writ federal-habeas-corpus habeas-corpus in-forma-pauperis ineffective-assistance-of-counsel pro-se-defendant sixth-amendment state-court-review If the merits of an appeal exist and are not evaluated by a State or Federal Court of review, should a Federal court address Ineffective Assistance of…
18-6838 Alvin Leon Roundtree v. United States Fifth Circuit 2018-11-27 Denied Response WaivedIFP appeal appellate-procedure civil-procedure civil-rights due-process equitable-tolling habeas-corpus ineffective-assistance ineffective-assistance-of-counsel pro-se section-2255 sixth-amendment standing Whether the district court's failure to construe Mr. Roundtree's pro se motion for specific performance as a motion to vacate under 28 U.S.C. §2255 co…
18-697 Tony Von Carruthers v. Tony Mays, Warden Sixth Circuit 2018-11-27 Denied argersinger-v-hamlin capital-case capital-punishment criminal-defendant criminal-procedure due-process faretta-v-california pro-se-representation right-to-counsel sixth-amendment waiver Does depriving a criminal defendant of trial counsel against his will, without at least the warnings and voluntary waiver required by Faretta, violate…
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…
18-6804 Shane Roach v. United States Tenth Circuit 2018-11-26 Denied Response WaivedIFP appellate-review circuit-conflict confrontation-clause criminal-procedure cross-examination due-process legal-objection preservation-of-error sixth-amendment standard-of-review Does a defendant preserve a confrontation issue for review by clearly articulating Confrontation Clause concerns as the basis for his objection withou…
18-6816 Vicente Garcia v. United States Seventh Circuit 2018-11-26 Denied Response WaivedIFP aggravated-battery constitutional-rights criminal-conviction criminal-procedure criminal-procedure-ineffective-assistance-of-couns ineffective-assistance ineffective-assistance-of-counsel johnson-precedent johnson-v-united-states sentencing-guidelines sixth-amendment Whether the Seventh Circuit Court of Appeals erred in its holding that Garcia had failed to show a denial of his constitutional Sixth Amendment rights
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
18-6820 Robert Paul Langley, Jr. v. Jeff Premo, Superintendent, Oregon State Penitentiary Oregon 2018-11-26 Denied Response WaivedIFP fourth-amendment fourth-amendment-violation ineffective-assistance ineffective-assistance-of-counsel judicial-authorization particularity particularity-requirement search-warrant seizure sixth-amendment Does the Fourth Amendment require that a search warrant particularly describe the things to be seized?
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…
18-6781 Joan E. Farr v. Commissioner of Internal Revenue Tenth Circuit 2018-11-23 Denied Response WaivedRelisted (2)IFP 14th-amendment 6th-amendment 7th-amendment 8th-amendment civil-rights constitutional-rights due-process judicial-conspiracy legal-representation sixth-amendment Whether Joan Farr was denied constitutional rights
18-6791 Benjamin Bland v. United States Fourth Circuit 2018-11-23 Denied Response WaivedIFP confrontation-clause criminal-procedure cross-examination evidence evidence-admissibility government-evidence harmless-error hearsay sixth-amendment social-security-administration trial-procedure Whether petitioner's Sixth Amendment right to confront witnesses was violated
18-6793 Derrick Lamont Booth v. Wendy Kelley, Director, Arkansas Department of Correction Eighth Circuit 2018-11-23 Denied Response WaivedRelisted (2)IFP 6th-amendment criminal-procedure due-process expert-testimony fire-investigation ineffective-assistance-of-counsel nfpa-921 sixth-amendment standard-of-review standard-protocols trial-strategy Whether the state court violated Mr. Booth's 6th Amendment rights
18-680 Erica Huss, Warden v. Loren Robinson Sixth Circuit 2018-11-23 Denied criminal-procedure due-process federal-law habeas habeas-corpus jury-right parole-eligibility sentencing sixth-amendment Whether the Sixth Amendment jury right applies to parole-eligibility dates
18-656 Johnathan Hall, Director, Kentucky Department of Corrections, Division of Probation and Parole v. William O. Ayers Sixth Circuit 2018-11-21 Denied 28-usc-2254 experienced-criminal-defense-attorney experienced-criminal-trial-attorney federal-habeas-review federal-review habeas-corpus right-to-counsel sixth-amendment state-court-decision uncounseled-defendant waiver Was federal habeas relief improperly granted when, without basis in this Court's clearly established precedent, the federal court disregarded the dete…
18-6777 Kenya Ali Hyatt v. Michigan Michigan 2018-11-21 Denied Response RequestedResponse WaivedRelisted (2)IFP eighth-amendment fourteenth-amendment jury-determination juvenile-life-without-parole juvenile-sentencing miller-v-alabama proof-beyond-reasonable-doubt sentencing sentencing-statute sixth-amendment Whether Michigan's Miller statute requires a jury determination and proof beyond a reasonable doubt
18-6782 Tia Marie-Mitchell Skinner v. Michigan Michigan 2018-11-21 Denied Response RequestedResponse WaivedRelisted (2)IFP eighth-amendment fourteenth-amendment jury-determination juvenile-life-without-parole juvenile-sentencing miller-v-alabama proof-beyond-reasonable-doubt sentencing-statute sixth-amendment Whether Michigan's Miller v. Alabama sentencing statute requires a jury determination and proof beyond a reasonable doubt, under the Sixth and Fourtee…
18-650 Miguel Cabrera-Rangel v. United States Fifth Circuit 2018-11-20 Denied Amici (5)Response Waived acquittal-impact acquitted-conduct criminal-procedure criminal-sentencing double-jeopardy due-process judicial-discretion jury-trial sentencing sixth-amendment Whether the Sixth Amendment right to jury trial prohibits a federal court from basing a criminal defendant's sentence on a charge for which the jury a…
18-6749 James Barnes v. Julie L. Jones, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2018-11-20 Denied IFP constitutional-violation criminal-procedure faretta-right faretta-v-california mitigation mitigation-investigation presentencing-investigation pro-se-defendant sixth-amendment special-counsel Whether Florida's use of 'special counsel' to investigate and present mitigation and its requirement of a presentencing investigation report to provid…
18-6750 Rita Pultro v. Pennsylvania Pennsylvania 2018-11-20 Denied Response RequestedRelisted (2)IFP codefendant codefendant-confession confession confrontation-clause criminal-procedure due-process evidence evidence-admission hearsay redaction sixth-amendment Should a court look beyond the four corners of a nontestitying codefendant's confession to determine if introduction of the confession violates the Co…
18-6764 Kenneth Ray Borders v. United States Eighth Circuit 2018-11-20 Denied Response WaivedIFP constitutional-rights criminal-defendant criminal-procedure ineffective-assistance ineffective-assistance-of-counsel interlocutory-appeal presumption-of-prejudice roe-v-flores-ortega sixth-amendment trial-counsel Does the 'presumption of prejudice' recognized in Roe v. Flores-Ortega, 528 U.S. 470 (2000), apply where a criminal defendant instructs his trial coun…
18-6724 Roger Lee Ozier v. Shirlee Harry, Warden Sixth Circuit 2018-11-19 Denied Response WaivedIFP appellate-review armed-robbery bank-robbery confrontation-clause criminal-procedure cross-examination eyewitness-testimony fair-trial ineffective-assistance ineffective-assistance-of-counsel insufficient-evidence probable-cause sixth-amendment Was the evidence sufficient to sustain Mr. Ozier's conviction for armed robbery and bank robbery?
18-6728 Francisco R. Quintana v. Colorado Colorado 2018-11-19 Denied IFP constitutional-claims criminal-procedure defense-evidence due-process evidence exclusion-of-evidence fourteenth-amendment materiality-requirement right-to-present-defense sixth-amendment What showing must a defendant make to establish that the erroneous exclusion of defense evidence at trial violated the defendant's Sixth and Fourteent…
18-640 Nicholas Bernard Acklin v. Alabama Alabama 2018-11-16 Denied Amici (2) attorney-client-relationship conflict-of-interest criminal-defense death-penalty fourteenth-amendment ineffective-assistance-counsel ineffective-assistance-of-counsel sixth-amendment third-party-payment Whether a criminal defendant is deprived of his Sixth and Fourteenth Amendment rights to conflict-free counsel
18-6695 Zafar Mehmood v. United States Sixth Circuit 2018-11-16 Denied Response WaivedIFP appellate-review court-interpreters-act due-process judicial-procedure plain-error plain-error-standard right-to-interpreter sixth-amendment statutory-interpretation statutory-procedures waiver waiver-of-right-to-interpreter Whether the plain error standard applies to appellate review of a claim that the district court's acceptance of a waiver by defense counsel of his cli…
18-6725 Charles Wayne Bussell v. Kentucky Kentucky 2018-11-16 Denied Response WaivedIFP confrontation-clause criminal-procedure cross-examination due-process impeachment impeachment-evidence ineffective-assistance ineffective-assistance-of-counsel post-conviction-hearing post-conviction-relief postconviction-hearing sixth-amendment tainted-testimony trial-strategy witness-testimony Was defense counsel ineffective in the re-trial when he failed to object to the introduction of the tainted testimony from the first trial and when he…
18-6708 Clifford D. Williams v. Ohio Ohio 2018-11-15 Denied IFP capital-punishment death-penalty eighth-amendment judge-sentencing jury-trial jury-verdict sentencing-phase sixth-amendment spaziano-v-florida Is Ohio's death penalty scheme unconstitutional under Hurst v. Florida?
18-6709 Lawrence Alfred Landrum v. Ohio Ohio 2018-11-15 Denied IFP capital-sentencing death-penalty eighth-amendment judge-sentencing judicial-discretion jury-recommendation jury-sentencing jury-trial sixth-amendment spaziano-v-florida Is Ohio's death penalty scheme unconstitutional under Hurst v. Florida?
18-6718 Timothy Edwards v. United States Seventh Circuit 2018-11-15 Denied Response WaivedIFP attorney-abandonment due-process excusable-neglect pro-se pro-se-defendant rule-4(b) rule-4b sixth-amendment Whether the Appellate Court violated Mr. Edwards' Sixth Amendment due-process rights and Supreme Court precedent by strictly applying Rule 4(b) where …
18-6666 Oscar Sosa v. United States Fifth Circuit 2018-11-14 Denied Response WaivedIFP confrontation-clause crawford-v-washington criminal-procedure drug-trafficking due-process expert-testimony plain-error-review prosecutorial-misconduct sixth-amendment witness-credibility Whether a federal agent's testimony about an out-of-court agent's report of drug trafficking by an unindicted coconspirator violates the Confrontation…
18-6683 Cody Sakoman v. California California 2018-11-14 Denied Response WaivedIFP constitutional-rights due-process fair-trial fifth-amendment fourteenth-amendment judicial-procedure jury jury-deliberation readback sixth-amendment witness-testimony Whether a defendant was denied his rights to a fair trial and to due process of law under the Fifth, Sixth and Fourteenth Amendments
18-6699 James Tyrell Drane v. Michigan Michigan 2018-11-14 Denied IFP constitutional-rights criminal-procedure due-process effective-assistance-of-counsel habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargaining plea-withdrawal sixth-amendment Whether petitioner has a due process right to plea withdrawal because his plea was unknowing and involuntary, and entered in violation of his Sixth Am…
18-6701 Roger Dale Epperson v. Kentucky Kentucky 2018-11-14 Denied IFP client-autonomy closing-argument concession-of-guilt criminal-procedure defense-strategy ineffective-assistance ineffective-assistance-of-counsel mccoy-v-louisiana right-to-control-defense right-to-counsel sixth-amendment Is a defendant's Sixth Amendment right to counsel, and the right to control the objective of the defense, violated, under the Court's recent decision …
18-6703 David Richard Trimble v. Darrel Vannoy, Warden Fifth Circuit 2018-11-14 Denied Response WaivedIFP aggravated-rape Confrontation-Clause criminal-procedure cross-examination due-process fourteenth-amendment ineffective-assistance Ineffective-assistance-of-counsel jackson-v-virginia sixth-amendment Statute-of-limitations sufficiency-of-evidence Whether the evidence was insufficient to find David Trimble guilty of four counts of Aggravated Rape beyond a reasonable doubt
18-6704 Aaron Jonathon Zemke v. Michigan Michigan 2018-11-14 Denied IFP abuse-of-discretion bias criminal-procedure ineffective-assistance judicial-bias judicial-discretion motion-to-withdraw plea-bargain plea-bargaining plea-withdrawal prejudice prosecutorial-bias prosecutorial-misconduct sixth-amendment trial-court-discretion Whether Mr. Zemke received ineffective assistance of counsel under the Sixth Amendment
18-6655 Andrew John Miller v. Duncan MacLaren, Warden Sixth Circuit 2018-11-13 Denied IFP 6th-amendment confrontation-clause constitutional-rights criminal-procedure due-process evidence preliminary-examination right-to-counsel sixth-amendment witness-testimony Whether the admission of a Preliminary Examination transcript violated the Petitioner-Appellant's 6th Amendment right to confront the witness
18-6656 Timothy Kyle Prince v. Shane Jackson, Warden Sixth Circuit 2018-11-13 Denied IFP constitutional-rights due-process eyewitness-identification fair-trial fourteenth-amendment sixth-amendment suggestive-identification suggestive-procedures unreliable-identification witness-identification Whether petitioner was denied of his Sixth and Fourteenth Amendment rights to a fair trial, due process
18-6659 James Rodwell v. Massachusetts Massachusetts 2018-11-13 Denied Response WaivedRelisted (2)IFP agency-relationship criminal-informant criminal-procedure government-agent implicit-agreement jailhouse-informant massiah massiah-doctrine sentencing-benefits sixth-amendment Whether an in-custody criminal informant who has repeatedly benefited monetarily and received lesser sentences from previous cooperation with the gove…
18-6623 Carlos Cosme v. United States Ninth Circuit 2018-11-09 Denied Response WaivedIFP 28-usc-2255 criminal-procedure criminal-procedure-plea-bargaining effective-assistance-of-counsel evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel motion-to-withdraw plea-agreement plea-bargaining sixth-amendment standard-of-review Did the District Court Commit Error in Applying the Standard of review for Motions to Withdraw a Plea Agreement as to an Issue of a Question of the Ef…
18-6621 Aloeng Kelly Vang v. Tom Roy, Commissioner, Minnesota Department of Corrections Eighth Circuit 2018-11-08 Denied Response WaivedIFP constitutional-rights criminal-procedure effective-assistance-of-counsel effective-counsel ineffective-assistance-of-counsel plea-bargaining prejudice-prong sixth-amendment state-law straight-plea straight-pleas trial-rights ultimate-authority Where offers of straight pleas to the district court is permitted under state law, does state criminal defendants receive their Sixth Amendment right …
18-6593 Sigifredo Molina-Varela v. United States Tenth Circuit 2018-11-07 Denied Response WaivedIFP constitutional-law criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel motion-for-severance prejudice prejudicial-error right-to-counsel severance sixth-amendment Did the defense counsel's failure to file a motion for severance create a significant prejudice against the petitioner thereby constituting ineffectiv…
18-6580 Wiliiam Scott Fitts v. Barry Goodrich, Warden, et al. Georgia 2018-11-06 Denied Response WaivedIFP criminal-procedure due-process fourteenth-amendment Fourteenth-Amendment-due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel normative-legal-issues plea-bargaining right-to-counsel right-to-effective-assistance-of-counsel sixth-amendment Whether the accused's constitutional rights were violated when forced to choose between the Sixth Amendment and Fourteenth Amendment in deciding wheth…
18-6582 Kareem Glass v. Melissa Hainsworth, Superintendent, State Correctional Institution at Somerset Third Circuit 2018-11-06 Denied Response WaivedIFP appellate-procedure appellate-rights capital-punishment constitutional-rights death-penalty due-process ineffective-assistance ineffective-assistance-of-counsel mitigating-circumstances penalty-phase sixth-amendment waiver waiver-of-rights where-capital-counsel-induced-petitioner-into-a-waiver
18-6544 Robert Joe McNemar v. Ralph Terry, Acting Warden Fourth Circuit 2018-11-05 Denied IFP 14th-amendment 6th-amendment competency competency-evaluation criminal-defendant due-process fourteenth-amendment ineffective-assistance-of-counsel mental-health plea-bargain plea-bargaining sixth-amendment Does due process require an express competency determination?
18-6550 Anthony Thomas v. Darrell Vannoy, Warden Fifth Circuit 2018-11-02 Denied Response RequestedResponse WaivedRelisted (2)IFP affidavit costs court-fees declaration effective-assistance-of-counsel financial-disclosure habeas-corpus in-forma-pauperis income-declaration ineffective-assistance-of-counsel legal-indigency poverty prejudice procedural-default redress sixth-amendment Whether the Sixth Amendment right to effective assistance of counsel requires a new trial when counsel's deficient performance prejudiced the defendan…
18-6510 Frank Pruitt v. New York New York 2018-11-01 Denied IFP 1st-amendment 6th-amendment courtroom-access criminal-procedure due-process judicial-discretion judicial-inquiry public-trial removal-from-trial right-to-attend-trial right-to-observe sixth-amendment Was the right to a Public trial, and the right of the Public to attend trial, abrogated when the trial judge failed to conduct careful inquiry 'before…
18-6532 Austin Myers v. Ohio Ohio 2018-11-01 Denied IFP capital-punishment death-penalty death-penalty-statute eighth-amendment judge-sentencing judicial-sentencing jury-trial jury-verdict sixth-amendment spaziano-v-florida Did Hurst v. Florida render Ohio's death penalty scheme unconstitutional?
18-6504 James D. Russian v. United States Tenth Circuit 2018-10-31 Denied Response WaivedIFP criminal-defendant criminal-procedure federal-court habeas-corpus haines-v-kerner liberal-construction liberal-construction-rule pro-se pro-se-filings pro-se-pleadings right-to-counsel sixth-amendment substitution-of-counsel When a criminal defendant's pro se filings can be stated as a valid basis for substitution of counsel, must a federal court read those filings in such…
18-6513 Byron Christopher Chinchilla v. Greg Lewis, Warden Ninth Circuit 2018-10-31 Denied IFP appeal criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel sixth-amendment attempted-murder criminal-gang due-process fourteenth-amendment habeas-corpus ineffective-assistance-of-counsel intellectual-disability mental-health sentencing sixth-amendment Whether the Sixth Amendment right to effective assistance of counsel was violated when trial counsel failed to investigate and present evidence of the…
18-564 Rosemary L. Decosimo v. Tennessee Tennessee 2018-10-31 Denied Response Waived civil-rights constitutional-rights criminal-procedure due-process fair-trial fifth-amendment forensic-science fourteenth-amendment impartiality law-enforcement sixth-amendment standing Whether the right to a fair trial and due process were violated by a Tennessee law awarding the state forensic lab $250 per conviction-related test
18-6466 Wilson C. Ortega v. Ralph Diaz, Acting Secretary, California Department of Corrections and Rehabilitation Ninth Circuit 2018-10-29 Denied Response WaivedIFP assault criminal-enhancement criminal-street-gang criminal-threats false-imprisonment gang-evidence gang-related ineffective-assistance-of-counsel predicate-offenses prejudicial-evidence sixth-amendment trial-procedure Whether the admission of irrelevant and inflammatory gang evidence prejudiced the petitioner
18-6472 James Gibson v. United States Eleventh Circuit 2018-10-29 Denied Response WaivedIFP almendarez-torres criminal-procedure drug-offenses jury-trial mandatory-minimum prior-convictions reasonable-doubt recidivism sentencing sentencing-enhancement sixth-amendment Whether the Petitioner's sentence violated his Sixth Amendment right to a jury trial
18-6475 Lewis Wright v. Pennsylvania Pennsylvania 2018-10-29 Denied Response WaivedIFP brady-violation confrontation-clause criminal-procedure cross-examination cross-examination-rights due-process evidence-disclosure fourteenth-amendment parole perjury prosecutorial-misconduct sixth-amendment witness-bias Whether the court of common pleas erred in limiting Mr. Stein's ability to establish witness Joseph Farley's bias
18-6479 In Re Evan P. Galvan 2018-10-29 Denied Response WaivedIFP 6th-amendment criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel right-to-counsel sixth-amendment standing Whether the State Court failed to advise petitioner of his 6th Amendment right to counsel, inquire into petitioner's desire for counsel, and inquire i…
18-6438 Oscar Kenneth Moreno v. Alana Butler California 2018-10-26 Denied IFP confrontation-clause dna-evidence dna-testing due-process expert-testimony fourteenth-amendment remand scientific-evidence sentencing sixth-amendment Whether the petitioner's Sixth and Fourteenth Amendment rights to confront and cross-examine his accusers were violated
18-6457 Abel Puente v. Julie L. Jones, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2018-10-26 Denied Response WaivedIFP constitutional-rights counsel-of-choice criminal-procedure effective-assistance-of-counsel indigent-defendant retained-attorney right-to-discharge-counsel sixth-amendment Whether the Sixth Amendment right to effective assistance of counsel and to counsel of choice, which also provided the right to discharge counsel, wil…
18-6462 Juan Carlos Mendez v. California California 2018-10-26 Denied Response WaivedIFP criminal-procedure cross-examination due-process fifth-amendment fourteenth-amendment prosecutorial-misconduct sixth-amendment Whether the prosecution's use of 'were they lying' questions and argument to secure a criminal conviction constitutes prosecutorial misconduct and vio…
18-6463 Jose Gilberto Portillo v. United States District of Columbia 2018-10-26 Denied Response WaivedIFP counsel-obligations counsel-obligations-guilty-plea critical-stage due-process guilty-pleas ineffective-assistance ineffective-assistance-of-counsel lafler-v-cooper language-barrier missouri-v-frye non-english-speaker plea-bargaining plea-negotiation sixth-amendment young-defendant Whether the DC Court of Appeals' decision conflicts with Supreme Court precedent on counsel's obligations to adequately counsel client regarding guilt…
18-543 State Correctional Institution at Fayette, et al. v. Jerry Reeves Third Circuit 2018-10-25 Denied Response RequestedResponse WaivedRelisted (2) actual-innocence criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel new-evidence new-evidence-requirement post-conviction-relief procedural-default sixth-amendment trial-review untimely-petition untimely-petitions Whether evidence that was available but not presented at trial satisfies the new evidence requirement of the actual innocence exception which permits …
18-6417 Derrick Wilson v. United States Second Circuit 2018-10-24 Denied Response WaivedIFP faretta-v-california faretta-waiver Fifth-Amendment-due-process Fourth-Amendment Franks-v-Delaware johnson-v-zerbst pro-se-representation right-to-counsel sixth-amendment sixth-amendment-right United-States-v-Giordano voluntariness waiver wiretap-application When trial counsel informs the court that he is not prepared for trial and the court's Faretta colloquy does not inquire into the voluntariness of Pet…
18-6418 Denver Ivan Wilson v. Florida Florida 2018-10-24 Denied Response WaivedIFP civil-rights due-process fourteenth-amendment habeas-corpus ineffective-assistance-of-counsel procedural-due-process sentence-enhancement sentencing-enhancement sixth-amendment Whether the trial court's denial of petitioner's writ of habeas corpus led to a violation of the petitioner's constitutional rights under the Fourteen…
18-6423 Marlan McRae v. United States Sixth Circuit 2018-10-24 Denied Response RequestedResponse WaivedRelisted (2)IFP attorney-misconduct conflict-of-interest constitutional-rights due-process fiduciary-conflict fiduciary-conflict-of-interest fiduciary-duty ineffective-assistance ineffective-assistance-of-counsel legal-ethics manifest-necessity sixth-amendment vague-precedent Can the unconscionable and illegal actions of an attorney, in addition to a fiduciary conflict of interest between an attorney and his client, amount …
18-6406 Daniel Tappen v. Florida Florida 2018-10-23 Denied Response WaivedIFP attorney-client-privilege attorney-client-relationship constitutional-rights criminal-procedure due-process evidence ineffective-assistance ineffective-assistance-of-counsel law-enforcement right-to-counsel sixth-amendment Whether a defense attorney renders ineffective assistance of counsel
18-6362 Edwin Darrell Lett v. Mississippi Mississippi 2018-10-17 Denied Response WaivedIFP 14th-amendment 6th-amendment civil-rights continuance counsel criminal-procedure death-penalty due-process fair-trial fourteenth-amendment ineffective-assistance-counsel sixth-amendment state-procedure trial Whether the petitioner's Sixth Amendment right to a fair trial was violated when the Mississippi Supreme Court failed to properly review the trial cou…
18-6330 Jose Arnaldo Rodrigues v. Ron Davis, Warden Ninth Circuit 2018-10-16 Denied IFP civil-rights due-process evidentiary-hearing fourteenth-amendment habeas-corpus ineffective-assistance-of-counsel sixth-amendment standing Whether the Sixth and Fourteenth Amendment claims of ineffective assistance of counsel were properly denied by the state court without an evidentiary …
18-6344 Brandon Eugene Lacy v. Arkansas Arkansas 2018-10-16 Denied IFP criminal-procedure cumulative-error cumulative-error-analysis fundamental-fairness habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mental-health neuropsychological-evaluation neuropsychological-testing Sixth-Amendment strickland-standard Strickland-v-Washington Whether the Arkansas Supreme Court misapplied Strickland v. Washington
18-6324 Akinlabi Coleman v. Colorado Colorado 2018-10-15 Denied Response WaivedIFP bench-trial constitutional-rights criminal-procedure due-process habitual-criminal habitual-offender jury-trial sixth-amendment Were Mr. Coleman's Sixth Amendment rights to a jury determination of every element of an offense violated when he was only allowed a bench trial to de…
18-6325 Adrian Contreras-Rebollar v. Mike Obenland, Superintendent, Monroe Correctional Complex Ninth Circuit 2018-10-15 Denied Response WaivedIFP 6th-amendment certificate-of-appealability co-counsel criminal-procedure-6th-amendment-right-to-counsel- criminal-procedure-6th-amendment-self-defense-inef defense-of-another due-process ineffective-assistance jury-instruction right-to-counsel self-defense sixth-amendment Where petitioner's defense in the trial court was based on Self-Defense, petitioner did not fully trust his Dept. of Assigned Counsel lawyer, and thus…
18-6326 Terry Alfred Coxe v. Daniel White, Superintendent, Washington State Corrections Center Ninth Circuit 2018-10-15 Denied Response WaivedRelisted (2)IFP aedpa aedpa-limitations civil-rights counsel-abandonment due-process equitable-tolling fair-trial habeas-corpus ineffective-counsel pro-se-litigant sixth-amendment statute-of-limitations Whether the lower courts' rulings directly conflict with the holdings in (1) McQuiggin v. Perkins; (2) Cronic v. United States, and (3) Cuyler v. Sull…
18-6304 Alex Lenard McCoy v. United States Fourth Circuit 2018-10-12 Denied Response WaivedIFP 5th-amendment 6th-amendment article-iii confrontation-clause constitutional-rights criminal-procedure due-process fifth-amendment plea-agreement plea-bargaining rule-11 self-incrimination sixth-amendment speedy-trial Whether the Defendant's rights under Article III, Section 2, Fifth Amendment, Sixth Amendment were violated when the Defendant is induced to enter a p…
18-6309 Warren Justin Hardy v. California California 2018-10-12 Denied IFP comparative-analysis equal-protection fair-trial fourteenth-amendment jury-selection peremptory-challenges peremptory-strike peremptory-strikes racial-discrimination racial-overtones sixth-amendment Whether the California Supreme Court's refusal to conduct a meaningful comparative analysis or infer a likelihood of discriminatory purpose violates t…
18-6275 Ricardo Lupian-Barajas v. Julie L. Jones, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2018-10-11 Denied Response WaivedIFP certificate-of-appealability due-process eleventh-circuit federal-rules-of-appellate-procedure habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-proceedings prosecutorial-misconduct sixth-amendment strickland strickland-standard Did the United States Court of Appeals for the Eleventh Circuit depart from the accepted and usual course of judicial proceedings when it failed to st…
18-456 Michael J. Persico v. United States Second Circuit 2018-10-11 Denied Response Waived apprendi due-process fifth-amendment judicial-discretion jury-trial plea-agreement plea-bargaining sentencing sixth-amendment substantive-reasonableness Whether Petitioner's sentence, which would have been deemed substantively unreasonable in the absence of the district court's factual findings, violat…
18-6273 Antoine Davis v. United States Third Circuit 2018-10-10 Denied Response WaivedRelisted (2)IFP abuse-of-discretion civil-procedure constitutional-rights due-process evidence evidence-exclusion fair-trial fifth-amendment government-witness ineffective-assistance-of-counsel plain-error sixth-amendment Whether the Lower Court Misapprehended its Abuse of discretion when the lower court excluded evidence of the Government witness, which evidence was pu…
18-6278 John Martin, Sr. v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2018-10-10 Denied IFP confrontation-clause constitutional-rights due-process evidentiary-hearing habeas-corpus ineffective-assistance-of-counsel sixth-amendment speedy-trial unreasonable-determination-of-facts Where the constitutional issues raised was to the degree that should have been debatable among jurist of reason, and were not lacking any factual basi…
18-6285 Mady Chan, aka Maddy, aka Mandy, aka Manny v. United States Ninth Circuit 2018-10-10 Denied Response WaivedIFP constitutional-right constitutional-rights counsel-advice criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel padilla-precedent padilla-v-kentucky sixth-amendment speedy-trial-act Should the holding in Padilla v. Kentucky extend to the attorney's failure to advise a client that under Speedy Trial Act a violation cannot be waived…
18-6247 Roy Parker v. Burl Cain, Warden Fifth Circuit 2018-10-09 Denied IFP 6th-amendment competency conflict-of-interest constitutional-provisions due-process evidentiary-hearing ineffective-assistance-of-counsel right-to-testify sixth-amendment Did the petitioner receive effective assistance of counsel?
18-6262 Richard Penunuri v. California California 2018-10-09 Denied IFP constitutional-requirement criminal-sentencing death-penalty eighth-amendment fact-finding fifth-amendment fourteenth-amendment jury-beyond-reasonable-doubt jury-finding reasonable-doubt sixth-amendment Does California's death penalty scheme violate the requirement under the Fifth, Sixth, Eighth and Fourteenth Amendments that every fact that serves to…
18-6165 Paul E. Rinehart v. Ohio Ohio 2018-10-02 Denied Response WaivedIFP apprendi-v-new-jersey criminal-procedure due-process judicial-fact-finding jury-trial sentencing-enhancement sentencing-guidelines sixth-amendment trial-by-jury Can a trial court enhance a defendant's sentence(s) to more than the minimum sentence upon judicial fact finding from a judge rather than the findings…
18-6183 Reginald Lynch v. Hilton Hall, Jr., Warden, et al. Eleventh Circuit 2018-10-02 Denied Response WaivedIFP confrontation-clause crawford-v-washington criminal-procedure davis-v-washington dying-declaration hearsay ineffective-assistance ineffective-assistance-of-counsel right-to-counsel sixth-amendment strickland-standard strickland-v-washington Does petitioner receive ineffective assistance of counsel when trial counsel fails to object to testimony from a witness repeating the statements of a…
18-6185 Jason Beckman v. Florida Florida 2018-10-02 Denied Response RequestedResponse WaivedRelisted (2)IFP apprendi apprendi-v-new-jersey criminal-procedure due-process fact-finding factfinding jury-factfinding juvenile-sentencing life-sentence miller-factors miller-v-alabama sentencing-factors sixth-amendment Whether section 921.1401, Florida Statutes, violates the Sixth Amendment by allowing a judge rather than a jury to conduct the factfinding necessary t…
18-6148 Atul Nanda v. United States Fifth Circuit 2018-10-01 Denied Response WaivedIFP Brady-Doctrine brady-rule brady-v-maryland confrontation-clause due-process fifth-amendment Giglio-Doctrine giglio-rule giglio-v-united-states new-trial plea-agreement Plea-Agreements plea-bargaining sixth-amendment witness-testimony Are the defendants' constitutional rights under the sixth and fifth amendments violated when the government fails to fully disclose plea agreement ter…
18-6159 Charlise Williams v. United States Seventh Circuit 2018-10-01 Denied Response WaivedIFP confrontation-clause criminal-procedure due-process evidence loss-calculation sentencing sixth-amendment victim-count Was the Petitioners Sixth Amendment right, under the Confrontation Clause violated?
18-6110 Mikal Mahdi v. South Carolina South Carolina 2018-09-28 Denied IFP appointment-of-counsel capital-punishment constitutional-rights criminal-procedure death-penalty death-sentence habeas-corpus indigent-counsel ineffective-assistance-of-counsel post-conviction-relief procedural-history right-to-counsel sixth-amendment south-carolina-supreme-court state-court Whether the Sixth Amendment right to effective assistance of counsel was violated when the state post-conviction court failed to appoint counsel for M…
18-6124 Sherman Washington, aka Sherman Lance Washington v. Carmen Denise Palmer, Warden Sixth Circuit 2018-09-28 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process evidence evidence-admission fair-trial fair-trial-denial fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel mre-404b other-bad-acts other-bad-acts-testimony res-gestae sixth-amendment Whether petitioner was denied a fair trial by the admission of irrelevant other bad acts testimony
18-6132 Marlon Oliver v. United States Sixth Circuit 2018-09-28 Denied Response WaivedIFP 2011 plea offer not requiring cooperation and def criminal-procedure criminal-procedure-ineffective-assistance-of-couns due-process ineffective-assistance ineffective-assistance-of-counsel missouri-v-frye plea-bargaining plea-offer right-to-counsel sixth-amendment Whether there is a reasonable probability that the court below would vacate petitioner's conviction, giving the opportunity to consider this Court's d…
18-6139 Julia Monique Frias v. United States Tenth Circuit 2018-09-28 Denied Response WaivedIFP barker-v-wingo constitutional-rights government-delay judicial-review prejudice pretrial-incarceration reduced-sentence sixth-amendment speedy-trial state-sentence tenth-circuit Whether a defendant's lost opportunity to seek a reduced state sentence under state law can constitute prejudice under Barker?
18-6078 Carlton B. Springer v. Ohio Ohio 2018-09-25 Denied Response WaivedIFP civil-procedure constitutional-right criminal-procedure due-process ineffective-assistance-of-counsel outcome-determinative prejudice-prong sixth-amendment standing Do Ohio Courts err when they insist that the prejudice prong of an ineffective assistance of counsel claim requires proof that counsel's deficient per…
18-6064 Robert L. Rose v. Leroy Kirkegard, Warden, et al. Ninth Circuit 2018-09-24 Denied IFP constitutional-rights criminal-procedure ineffective-assistance lafler-v-cooper plea-negotiations remedies remedy sixth-amendment united-states-v-morrison What is the proper remedy when a defendant's lawyer fails to inform her client of, or offers deficient advice as to whether to accept, a favorable ple…
18-6035 Zachary Chambers v. United States Third Circuit 2018-09-20 Denied Response WaivedIFP abuse-of-discretion constitutional-rights criminal-procedure habeas-corpus ineffective-assistance-of-counsel plea-bargaining right-to-counsel sentencing sentencing-exposure sixth-amendment trial-counsel Whether the lower court abused its discretion in ruling that trial counsel's erroneous advice about petitioner's sentencing exposure if he proceed to …
18-6046 Michael Skillern v. United States Eleventh Circuit 2018-09-20 Denied Response WaivedRelisted (2)IFP access-to-counsel constitutional-error due-process extraterritorial-effect geders-v-united-states harmless-error mail-fraud perry-v-leeke sixth-amendment structural-error subject-matter-jurisdiction trial-recess wire-fraud did-the-district-court-violate-the-sixth-amendment
18-6056 Harley Blevins, Sr. v. Florida Florida 2018-09-20 Denied Response WaivedIFP almendarez-torres constitutional-law criminal-procedure criminal-punishment-code due-process jury-trial jury-verdict prior-conviction sentence-enhancement sentencing sentencing-enhancement sixth-amendment Whether Florida's Prison Releasee Reoffender Act is unconstitutional and a violation of the Sixth Amendment in light of Hurst v. Florida, Alleyne v. U…
18-6059 Cedric Carter v. Ohio Ohio 2018-09-20 Denied IFP capital-punishment capital-sentencing death-penalty eighth-amendment judge-sentencing jury-trial jury-verdict sentencing-phase sixth-amendment spaziano-v-florida Is Ohio's death penalty scheme unconstitutional under Hurst v. Florida?
18-6060 James Chavez v. Robert LeGrand, Warden, et al. Ninth Circuit 2018-09-20 Denied Response WaivedIFP confrontation-clause crawford-precedent crawford-v-washington cross-examination hearsay-exception preliminary-hearing sixth-amendment testimonial-statements witness-unavailability Whether a prosecution can admit prior testimonial statements, including a video-taped interview, of a witness that died prior to trial and where defen…
18-6045 Corey Levon Beckham v. Darrell Miller, Warden Fourth Circuit 2018-09-19 Denied IFP drug-abuse equal-protection fourth-amendment habeas-corpus ineffective-assistance mental-illness sixth-amendment strickland-v-washington unprofessional-conduct Did the Fourth Circuit err in holding that the District Court failed to accept the showing of the two-prong test in Strickland v. Washington on counse…
18-5982 Todd F. Britton-Harr v. United States Fifth Circuit 2018-09-18 Denied Response WaivedRelisted (2)IFP constitutional-rights criminal-procedure guilty-plea ineffective-assistance ineffective-assistance-of-counsel lee-v-united-states prejudice prejudice-standard reasonable-person sixth-amendment Does the Court's decision in Lee v. United States, 137 S.Ct. 1958 (2017) allow lower courts to require a showing that a 'reasonable person' would have…
18-5983 Louis Charlton v. United States Sixth Circuit 2018-09-18 Denied Response WaivedIFP criminal-defense criminal-procedure due-process fair-opportunity fair-trial impartial-jury present-defense sixth-amendment trial-by-jury trial-rights Was Petitioner denied the Sixth Amendment guarantee of a trial by an impartial jury when he was not allowed a fair opportunity to present his defense …
18-6014 Javier Vega-Orozco v. United States Fifth Circuit 2018-09-18 Denied Response WaivedIFP alleyne almendarez-torres apprendi Certiorari criminal-procedure due-process sentencing sixth-amendment Supreme-Court Whether this Court should consider the continuing validity of Almendarez-Torres v. United States, 523 U.S. 244 (1998), in light of the reasoning of Ap…
18-6015 Gustavo Torres-Medel v. Jacqueline Lashbrook, Warden Seventh Circuit 2018-09-18 Denied Response WaivedIFP cross-examination defense-presentation discovery expert-witness ineffective-assistance ineffective-assistance-of-counsel procedural-default sixth-amendment sixth-amendment-rights trial-counsel Whether the defendant's Sixth Amendment rights were violated when trial counsel failed to utilize an expert witness, failed to present defense witness…
18-6028 Maurice Baum v. United States Fourth Circuit 2018-09-18 Denied Response WaivedIFP constitutional-rights criminal-procedure drug-amount drug-crimes due-process ineffective-assistance ineffective-assistance-of-counsel plea-bargaining sentencing sixth-amendment Was Trial Counsel's failure to object to the District Court's determination and findings of the drug amount attributable to the Petitioner objectively…
18-6029 Debra Ann Aquilina v. Sarah Davis, Administrator, Edna Mahan Correctional Facility, et al. Third Circuit 2018-09-18 Denied Response WaivedIFP cause-of-death constitutional-rights criminal-procedure due-process expert-opinion expert-testimony ineffective-assistance ineffective-assistance-of-counsel medical-examiner right-to-counsel right-to-effective-counsel sixth-amendment trial-counsel trial-errors trial-proceedings Did the petitioner's trial counsel provide constitutionally ineffective assistance, violated petitioner's right to effective assistance of counsel, be…
18-5980 Shelton Denoria Jones v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2018-09-14 Denied IFP 28-U.S.C-2254(e)(2) 28-usc-2254 diligence evidentiary-hearing factual-basis fair-trial federal-court federal-procedure fourteenth-amendment habeas-corpus sixth-amendment state-court state-court-review Whether a habeas applicant has 'failed to develop the factual basis' of a claim under 28 U.S.C. § 2254(e)(2) when the state court did not hold an evid…
18-5979 Malik Derry v. United States Third Circuit 2018-09-13 Denied Response WaivedIFP 5th-amendment 6th-amendment brady-v-maryland brady-violation conspiracy constitutional-rights criminal-procedure due-process federal-rules-of-criminal-procedure fifth-amendment law-of-case right-to-be-present right-to-counsel sixth-amendment suppression-of-evidence Whether the Fifth or Sixth Amendments, or Rules 43 and 44 of the Federal Rules of Criminal Procedure, are violated
18-5948 Patrick Henry Murphy v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2018-09-12 Denied IFP conspiracy criminal-conspiracy death-penalty death-penalty-sentencing eighth-amendment enmund-v-florida-tison-v-arizona felony felony-murder jury-findings sentencing-requirements sixth-amendment Does the Sixth or Eighth Amendment require that before a party may be sentenced to death as a conspirator (rather than a trigger-person), the jury mus…
18-5953 Antowan Thorne v. United States Fourth Circuit 2018-09-12 Denied Response WaivedIFP certificate-of-appealability district-court-error due-process evidentiary-hearing franks-hearing ineffective-assistance ineffective-assistance-of-counsel motion-for-new-trial new-trial search-suppression sixth-amendment witness-testimony Should the district court's denial of a new trial or evidentiary hearing due to counsel's failure to interview witnesses and call additional witnesses…
18-5924 Evangelisto Ramos v. Louisiana Louisiana 2018-09-11 Judgment Issued Amici (12)Response RequestedResponse WaivedRelisted (9)IFP 14th-amendment 6th-amendment constitutional-law constitutional-rights criminal-procedure due-process equal-protection fourteenth-amendment incorporation incorporation-doctrine racial-discrimination sixth-amendment stare-decisis unanimous-jury unanimous-verdict Whether the Fourteenth Amendment fully incorporates the Sixth Amendment guarantee of a unanimous verdict?
18-5928 Ricardo Limon-Urenda v. United States Eighth Circuit 2018-09-11 Denied Response WaivedIFP 6th-amendment ambiguous-answer criminal-procedure hearing impartial-jury impartiality ineffective-assistance juror-impartiality jury-selection prospective-juror right-to-counsel sixth-amendment Whether trial counsel rendered ineffective assistance under the 6th Amendment
18-5932 Ronald Jones v. Steven Johnson, Administrator, New Jersey State Prison, et al. Third Circuit 2018-09-11 Denied Response WaivedIFP actual-innocence certificate-of-appealability constitutional-violation criminal-procedure due-process fifth-amendment fourteenth-amendment habeas-corpus medical-evidence section-2254 sixth-amendment state-conviction Whether Petitioner has shown clear and convincing evidence of a credible actual-innocence claim from his State conviction?
18-5938 Mark David Bailey v. Noah Nagy, Warden Sixth Circuit 2018-09-11 Denied Response WaivedIFP brady-violation constitutional-error criminal-procedure due-process evidence expert-evidence habeas-corpus sixth-amendment sixth-circuit-review suppression-of-evidence Can a fairminded jurist exclude expert evidence indicating that someone else committed a murder based solely on the jurist's lay disagreement with the…
18-313 Albon C. Diamond, III v. Florida Florida 2018-09-11 Denied Response Waived criminal-procedure due-process effective-assistance-of-counsel impeachment ineffective-assistance ineffective-assistance-of-counsel medical-evidence medical-testimony sixth-amendment strategic-decisions strickland strickland-standard Whether the Sixth Amendment's guarantee of effective attorney representation requires a finding of ineffective assistance of counsel where the trial a…
18-5910 Curtis Dee Packard v. Barry Goodrich, Warden, et al. Tenth Circuit 2018-09-07 Denied Response WaivedIFP 6th-amendment assistance-of-counsel confrontation-clause criminal-procedure due-process ineffective-assistance pro-se-representation public-defender right-to-counsel self-representation sixth-amendment trial-court withdrawal-of-counsel Whether both the trial court and the State's Public Defender''s Office invited error and erroneously denied the Petitioner his 6th Amendment rights to…
18-5892 Andre Jackson v. Ohio Ohio 2018-09-06 Denied IFP 6th-amendment 8th-amendment capital-punishment death-penalty eighth-amendment judge-sentencing judicial-sentencing jury-recommendation jury-sentencing jury-trial sixth-amendment Is Ohio's death penalty scheme unconstitutional under Hurst v. Florida?
18-5905 Cortez Moore v. Illinois Illinois 2018-09-06 Denied Response WaivedIFP criminal-procedure due-process fair-trial judicial-bias officer-testimony opening-argument prosecutorial-misconduct sixth-amendment testifying-officers witness-credibility Whether the State of Illinois deprived Cortez Moore of a fair trial where during opening argument it repeatedly characterized the testifying officers …
18-5880 Virginia S. Caudill v. Janet Conover, Warden Sixth Circuit 2018-09-05 Denied IFP batson-challenge batson-v-kentucky circumstantial-evidence civil-rights due-process equal-protection habeas-corpus ineffective-assistance jury-selection peremptory-challenges prosecutorial-discrimination racial-discrimination sixth-amendment standing whether-the-state-court-ruled-contrary-to-or-unreasonably-applied-batson
18-5884 Matthew Gary Richardson v. United States Sixth Circuit 2018-09-05 Denied Response WaivedIFP circuit-split generic-burglary intent-requirement judicial-factfinding mandatory-sentence mandatory-sentencing mathis mathis-peek mathis-v-united-states reasonable-doubt sentencing-enhancement sixth-amendment statutory-interpretation taylor Whether the 'Mathis peek' used by the court below to guess if a fact is an element or a means of committing an offense violates the Sixth Amendment
18-5896 Beverly Allen Baker v. United States Fourth Circuit 2018-09-05 Denied Response WaivedRelisted (2)IFP appellate-procedure civil-rights confrontation-clause conspiracy criminal-procedure double-jeopardy due-process ineffective-assistance ineffective-assistance-of-counsel multiple-conspiracies sentencing sentencing-guidelines sixth-amendment Whether the government committed a Kotteakos violation by using evidence of multiple conspiracies to support an indictment for a single conspiracy
18-5900 Juan Carlos Martinez-Barrientos v. United States Fifth Circuit 2018-09-05 Denied Response WaivedIFP alleyne almendarez-torres apprendi constitutional-law criminal-law criminal-procedure due-process precedent-review sentencing sentencing-enhancement sixth-amendment statutory-interpretation supreme-court-review Whether this Court should consider the continuing validity of Almendarez-Torres v. United States, 523 U.S. 244 (1998), in light of the reasoning of Ap…
18-5902 Terrence Javon Allen, Sr. v. Harold W. Clarke, Director, Virginia Department of Corrections Fourth Circuit 2018-09-05 Denied Response WaivedIFP civil-rights due-process equal-protection pro-se sixth-amendment speedy-trial Can the courts violate the Due Process and Equal Protection Clauses of the Fourteenth Amendment by denying a criminal defendant his Sixth Amendment ri…
18-5868 William David Cannon v. Harold W. Clarke, Director, Virginia Department of Corrections Virginia 2018-09-04 Denied Response WaivedIFP civil-rights cumulative-prejudice due-process fair-trial fourteenth-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sixth-amendment strickland-standard Whether the cumulative effect of multiple constitutional violations, including ineffective assistance of counsel, deprived the defendant of a fair tri…
18-269 Alan Mapuatuli, et al. v. Matthew G. Whitaker, Acting Attorney General Ninth Circuit 2018-09-04 Denied attorney-client-privilege attorney-work-product civil-rights confidential-communication confidentiality criminal-procedure due-process federal-inmates prison-litigation-reform-act prosecutorial-misconduct sixth-amendment work-product-doctrine Sixth Amendment right to counsel violated by interception of prison emails with counsel
18-265 Micah Patterson v. Harold W. Clarke, Director, Virginia Department of Corrections Virginia 2018-08-31 Denied Response RequestedRelisted (2) adversarial confrontation constitutional-rights due-process expert-testimony habeas-corpus ineffective-assistance ineffective-assistance-of-counsel investigation sixth-amendment virginia-supreme-court Did the Virginia Supreme Court err by effectively affirming a lower court holding that denied relief for Patterson's ineffective assistance of counsel…
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
18-5807 Peter R. Rubens v. Darrel Vannoy, Warden Fifth Circuit 2018-08-29 Denied IFP brady brady-violation cross-examination due-process prosecutorial-misconduct sixth-amendment structural-error witness-intimidation Does Webb v. Texas apply when it is the Orleans Parish District Attorney's Office who systematically threatens, coerces, intimidates, and actually off…
18-5808 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
18-5769 Edward Smith v. LaShann Eppinger, Warden Sixth Circuit 2018-08-28 Denied Response WaivedIFP affidavit-of-indigence anti-terrorism-and-effective-death-penalty-act antiterrorism-and-effective-death-penalty-act civil-rights due-process habeas-corpus in-forma-pauperis ineffective-assistance-of-counsel motion-to-proceed rule-60(b) sixth-amendment sixth-circuit standard-of-review standing Whether the Sixth Circuit erred in denying petitioner's habeas corpus petition challenging his conviction and sentence under the Antiterrorism and Eff…
18-5772 Aurelio Fidencio Saldivar v. G. D. Lewis, Warden Ninth Circuit 2018-08-28 Denied IFP habeas-corpus ineffective-assistance sixth-amendment strickland strickland-standard tactical-rationales trial-counsel Is a habeas corpus petitioner alleging a Sixth Amendment claim of ineffective assistance of trial counsel required to address and rebut hypothetical t…
18-5786 Donell A. Thomas v. United States Seventh Circuit 2018-08-28 Denied Response WaivedRelisted (2)IFP 2255-motion certificate-of-appealability evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel loss-calculation rule-59(e)-motion rule-59e section-2255-motion sentencing sixth-amendment sixth-amendment-rights strickland-standard strickland-v-washington Did the Petitioner prove his claim of ineffective assistance of counsel and satisfy the Strickland test?
18-5790 Uiki Teaupa v. United States Ninth Circuit 2018-08-28 Denied Response WaivedIFP 28-usc-2255 5th-amendment 6th-amendment discovery due-process evidentiary-hearing fifth-amendment government-misconduct pro-se pro-se-defendant section-2255 sixth-amendment Does the Fifth and Sixth Amendment entitle a pro se defendant the right to conduct discovery and have an evidentiary hearing on claims of government m…
18-5793 Ray Lamar Johnston v. Florida Florida 2018-08-28 Denied Relisted (4)IFP caldwell-v-mississippi capital-punishment capital-punishment-system death-penalty due-process equal-protection florida harmless-error hurst-relief hurst-v-florida jury-trial sixth-amendment Whether Florida's application of harmless error review to a unanimous jury recommendation of death violates the Sixth Amendment right to jury trial as…
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
18-5753 James Pello v. Dushan Zatecky, Superintendent, Pendleton Correctional Facility Seventh Circuit 2018-08-27 Denied Response WaivedIFP constitutional-error due-process effective-assistance-of-counsel fifth-amendment fourteenth-amendment ineffective-assistance jury-unanimity sixth-amendment unanimous-jury-verdicts Whether the United States Court of Appeals for the Seventh Circuit, along with the Indiana State Court of last resort, have entered a decision in conf…
18-5778 Jon Duke DePriest v. Pam Bondi, Attorney General of Florida, et al. Eleventh Circuit 2018-08-27 Denied Response WaivedIFP confrontation-clause crawford-v-washington criminal-procedure due-process habeas-corpus hearsay sixth-amendment testimonial-hearsay Whether petitioner's Sixth Amendment right to confront witnesses against him were violated
18-240 Kirk Tang Yuk v. United States Second Circuit 2018-08-24 Denied Response Waived co-conspirator-testimony criminal-procedure criminal-venue due-process government-overreach jurisdiction prosecutorial-discretion prosecutorial-misconduct sixth-amendment telephone-call-evidence venue venue-manipulation witness-location Whether a prosecutor can manufacture venue in a particular district solely by bringing a cooperating witness to a favored district and having the witn…
18-5736 Joshua Moses v. United States Third Circuit 2018-08-24 Denied Response WaivedIFP conflict-of-interest constitutional-rights due-process evidence ineffective-assistance ineffective-assistance-of-counsel multiplicitous-indictment prosecutorial-misconduct sixth-amendment trial-counsel Whether the Prosecutor's conduct in charging petitioner with a multiplicitous indictment to gain a tactical advantage so infected the trial with unfai…
18-5745 Miguel Anthony Molina v. United States Eleventh Circuit 2018-08-24 Denied Response WaivedIFP 841(a)(1) 922(g)(1) 924(e) criminal-procedure due-process ineffective-assistance jury-trial sentencing-enhancement sixth-amendment Did the judge violate the defendant's Sixth Amendment right to a jury trial?
18-237 Gary Thomas and Felix Parrilla v. United States Second Circuit 2018-08-23 Denied Response Waived 6th-amendment civil-procedure conspiracy-venue constitutional constitutional-venue cooperating-witness criminal-procedure due-process federal-rules-of-criminal-procedure government-witness manufactured-venue prosecutorial-discretion sixth-amendment venue venue-determination venue-manipulation venue-provisions witness-cooperation Whether it is permissible under the venue provisions of the U.S. Constitution Article III, § 2, cl. 3; the Sixth Amendment; and Federal Rules of Crimi…
18-238 South Carolina v. Lamont Antonio Samuel South Carolina 2018-08-23 Denied court-of-appeals criminal-procedure defendant-rights due-process ethics faretta-v-california judicial-conduct judicial-discretion judicial-integrity self-representation sixth-amendment unethical-conduct Did the South Carolina Supreme Court err when it held — in conflict with many federal courts of appeals — that a trial court may not deny a criminal d…
18-5714 Jose A. Rivera-Quinones v. Pennsylvania Third Circuit 2018-08-23 Denied IFP abuse-of-process confrontation-clause constitutional-rights criminal-procedure cruel-and-unusual-punishment double-jeopardy due-process fourteenth-amendment prejudicial-evidence sentencing sixth-amendment subject-matter-jurisdiction Whether a trial court can possess subject matter jurisdiction on a criminal offense not charged within the indictment/criminal information
18-5735 Harry Lonzo-Bolton Ervin v. Michigan Michigan 2018-08-23 Denied IFP apprendi-alleyne-rule apprendi-v-new-jersey constitutional-rule criminal-procedure criminal-sentencing habeas-corpus montgomery-v-louisiana retroactivity sentencing sentencing-range sixth-amendment teague-v-lane Whether the Apprendi-Alleyne rule should be applied retroactively
18-5697 James R. Reece v. L. Ray Whitley, et al. Sixth Circuit 2018-08-22 Denied IFP criminal-procedure criminal-proceedings critical-stage indigent-prisoner new-trial post-trial pre-appeal right-to-counsel sixth-amendment subject-matter-jurisdiction Whether a post-trial pre-appeal motion for new trial is a critical stage of state criminal proceedings protected by right-to-counsel
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
18-5702 Miguel Angel Mejia v. United States Eleventh Circuit 2018-08-22 Denied IFP article-iii article-three drug-enforcement executive-power jury-trial maritime-drug-law-enforcement-act maritime-law sixth-amendment subject-matter-jurisdiction Does the MDLEA violate Article III and the Sixth Amendment right to a jury trial by giving dispositive weight to the Executive Branch's assertion that…
18-5673 Eugene Smalls v. United States Fourth Circuit 2018-08-21 Denied Response WaivedIFP career-offender civil-rights criminal-procedure due-process federal-sentencing lochner sentencing sentencing-commission-guidelines sixth-amendment state-federal-relations statutory-interpretation Does the 'heightened' Lochner standards of W.G. Abel v. Estelle, AHR, override the state and federal sentencing guidelines of the motion of the judge,…
18-5679 William J. O'Brien, III v. United States Third Circuit 2018-08-21 Denied Response WaivedIFP criminal-procedure due-process right-to-counsel self-representation sixth-amendment trial-court trial-procedure waiver waiver-of-counsel Was William O'Brien, III denied his Sixth Amendment right to counsel?
18-5640 Fredrick A. Laux v. Dushan Zatecky, Superintendent, Pendleton Correctional Facility Seventh Circuit 2018-08-20 Denied Response WaivedIFP constitutional-review criminal-appeal criminal-procedure due-process dysfunctional-childhood ineffective-assistance-of-counsel mitigating-evidence sentencing sixth-amendment strickland-standard Strickland-v-Washington Did the Indiana Court of Appeals, the United States Southern District Court and Seventh Circuit Court of Appeals unreasonably apply, or reach a decisi…
18-5651 Samuel W. Swoopes v. Charles L. Ryan, Director, Arizona Department of Corrections, et al. Ninth Circuit 2018-08-20 Denied Response WaivedIFP appeal constitutional-law criminal-procedure defendant defendant-exclusion due-process ex-parte jury jury-question mid-deliberation sixth-amendment Does it violate Due Process and the Sixth Amendment to exclude a defendant from the court's consideration and answering of a jury question?
18-5653 Pamela Lynn Bravebull v. United States Eighth Circuit 2018-08-20 Denied Response WaivedIFP cross-examination due-process evidence-rules expert-witness fair-trial federal-rules-of-evidence fifth-amendment sixth-amendment structural-error venireperson Whether the prosecutor's elicitation of evidence through a colloquy with a venireperson violated the defendant's Sixth Amendment right to cross-examin…
18-5657 Terence Passmore v. Dan O'Fallon, et al. Ninth Circuit 2018-08-20 Denied Response WaivedIFP criminal-procedure due-process fair-trial ineffective-assistance ineffective-assistance-of-counsel juror-bias jury-selection sixth-amendment sixth-amendment-right-to-fair-trial Whether the presence of a juror who has expressed a belief that the petitioner is guilty rendered his trial unfair and in violation of the Sixth Amend…
18-5662 Myrna Diaz v. New Jersey New Jersey 2018-08-20 Denied IFP constitutional-rights counsel-misconduct criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel legal-representation right-to-counsel sentencing sixth-amendment unauthorized-practice-of-law Did the staff of the 'Project Freedom Fund' who provided faulty legal advice to petitioner, and thus induced her to withdraw a guilty plea for which s…
18-5619 Ralph Raul Contreras v. Hunter Anglea, Warden Ninth Circuit 2018-08-17 Denied IFP attorney-client-relationship attorney-fees california-rules-of-professional-conduct conflict-of-interest constitutional-rights professional-conduct right-to-counsel sixth-amendment state-created-rights Does a state-created right to require written consent from a client when others pay the attorney's fees constitute a denial of conflict-free counsel, …
18-5598 John J. Moore, Jr. v. Michael Stephan, Warden Fourth Circuit 2018-08-16 Denied Response WaivedIFP constitutional-rights due-process evidentiary-rule evidentiary-rules fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel pcr-hearing post-conviction-relief presumption-of-correctness sixth-amendment Whether the State Court's determination of factual issues is presumed correct or should have been presumed correct, and whether Petitioner sustained h…
18-5616 Robert Earl Clayborne, Jr. v. Nebraska Eighth Circuit 2018-08-16 Denied Response WaivedIFP 6th-amendment civil-rights competency competency-hearing criminal-defense criminal-procedure due-process effective-assistance-of-counsel mental-disability mental-health prosecutorial-misconduct right-to-counsel sixth-amendment Whether the petitioner was denied due process and effective assistance of counsel when the state court refused to hold a competency hearing despite ev…
18-201 Parviz Montazer v. Parvin R. Montazer California 2018-08-15 Denied appellate-counsel appellate-procedure civil-procedure conflict-of-interest constitutional-protections criminal-contempt criminal-procedure due-process indigent-defendant indigent-rights ineffective-assistance-of-counsel judicial-bias right-to-counsel sixth-amendment transcript-costs Whether an indigent defendant in a criminal contempt proceeding has a right to appointed counsel and a free transcript on appeal
18-5587 Bobby Joe Rosa v. United States Fifth Circuit 2018-08-14 Denied Response WaivedIFP 4th-amendment 5th-amendment 6th-amendment confidential-informant criminal-procedure exclusionary-rule fifth-amendment fourth-amendment good-faith-exception probable-cause search-and-seizure search-warrant sixth-amendment Whether the Fifth Circuit erred in affirming the denial of the motion to suppress evidence under the good faith exception despite the lack of probable…
18-5524 Farrell Rochelle v. Darrel Vannoy, Warden Fifth Circuit 2018-08-13 Denied Response WaivedIFP 14th-amendment 6th-amendment due-process fair-trial fourteenth-amendment impartial-jury ineffective-assistance ineffective-assistance-of-counsel sixth-amendment Whether the 5th Circuit Court of Appeals erred in denying C.O.A. to trial counsel being ineffective for failing to file a motion for continuance to pr…
18-5553 Christopher Williams v. Texas Texas 2018-08-13 Denied Response WaivedIFP apprendi apprendi-v-new-jersey capital-murder corpus-delicti criminal-procedure due-process extrajudicial-confession fourteenth-amendment jury-trial sixth-amendment Did the trial court's failure to submit any instruction to the jury regarding Texas' corpus delicti rule and the subsequent endorsement of that failur…
18-5558 Joseph William Atwell v. Tammy Ferguson, Superintendent, State Correctional Institution at Graterford, et al. Third Circuit 2018-08-13 Denied IFP constitutional-rights due-process fair-trial fourteenth-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargaining prejudicial-evidence sixth-amendment Whether the state deprived petitioner of his guaranteed right to a fair trial
18-5570 Ilich Vargas v. Superior Court of California, San Bernardino County California 2018-08-13 Denied IFP civil-rights conflict-of-interest criminal-informants due-process evidence-suppression exculpatory-evidence fair-trial prosecutorial-misconduct sixth-amendment Whether district attorneys/prosecutors have a free-standing obligation to investigate and inquire into the backgrounds of criminal jailhouse informant…
18-5576 DifAnkh Asar, aka James Walter Gist v. United States Fourth Circuit 2018-08-13 Denied Response WaivedIFP acca categorical-approach civil-rights constitutional-vagueness criminal-statute due-process fifth-amendment overbreadth overbreadth-doctrine sixth-amendment vagueness vagueness-doctrine Is South Carolina's Code Ann. 16-23-40 unconstitutional?
18-5578 Antonio U. Akel v. United States Eleventh Circuit 2018-08-13 Denied Response WaivedRelisted (2)IFP appeal appellate-procedure civil-rights constitutional-violation criminal-procedure direct-appeal due-process exceptional-injustice federal-rules-of-appellate-procedure ineffective-assistance judicial-error right-to-counsel sixth-amendment standing supervisory-authority Whether the undisputed and clear violation of a defendant's Sixth Amendment right to the assistance of counsel on direct appeal results in an exceptio…
18-5579 In Re Brent Cole 2018-08-13 Denied Response WaivedIFP common-law common-law-right constitutional-rights due-process first-amendment justice petition-clause right-to-counsel sixth-amendment standing Is a court's refusal to allow an accused person any opportunity to be heard by themself and counsel a substantive violation of due-process, common-law…
18-185 Connecticut v. Michael Skakel Connecticut 2018-08-10 Denied Amici (1)Response RequestedResponse WaivedRelisted (2) circuit-split constitutional-deficiency due-process ineffective-assistance-counsel ineffective-assistance-of-counsel legal-representation overall-performance performance-evaluation single-error sixth-amendment strickland-standard strickland-v-washington Whether a court must evaluate counsel's overall performance in determining whether a single error is sufficiently egregious to render counsel's repres…
18-5539 Derek W. Pelto v. Julie L. Jones, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2018-08-10 Denied Response WaivedIFP burden-of-proof change-of-law insanity-defense right-to-testify burden-of-proof certificate-of-appealability criminal-procedure ineffective-assistance insanity-defense right-to-counsel right-to-testify sixth-amendment Whether the court of appeals improperly denied the Petitioner a certificate of appealability under 28 U.S.C. § 2253(c) on his claim that his counsel r…
18-5545 Carlos David Lopez v. California California 2018-08-10 Denied Response WaivedIFP compulsory-process confrontation-clause due-process effective-assistance-of-counsel mental-health-records plea-bargaining right-to-compulsory-process right-to-confrontation right-to-counsel sixth-amendment Does a trial court's refusal to review privileged mental health records of the complaining witness violate the defendant's Sixth Amendment rights?
18-5502 Susan Joy Jacobson v. Arizona Arizona 2018-08-09 Denied IFP compulsory-process confrontation-clause due-process expert-testimony ptsd ptsd-diagnosis self-defense sixth-amendment Whether preclusion of an accused citizen's PTSD diagnosis, proffered to support her self-defense claim, unconstitutionally impinges on her Due Process…
18-5528 Brian Thurman v. United States Seventh Circuit 2018-08-09 Denied Response WaivedIFP acquitted-conduct double-jeopardy due-process fifth-amendment sentencing sixth-amendment united-states-constitution Whether the District Court violated Mr. Thurman's Fifth and Sixth Amendment rights by increasing his sentence based on acquitted conduct
18-5531 Kelly E. Culver v. Dushan Zatecky, Superintendent, Pendleton Correctional Facility Seventh Circuit 2018-08-09 Denied IFP appellate-counsel-ineffectiveness cause-and-prejudice due-process fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel procedural-default sixth-amendment strickland-standard Whether trial counsel's failure to offer a contemporaneous objection during trial compromised the petitioner's Sixth Amendment right to competent coun…
18-5534 Juan Carrasquilla-Lombada, et al. v. United States Eleventh Circuit 2018-08-09 Denied IFP confrontation-clause jurisdiction jury-trial maritime-drug-law maritime-drug-law-enforcement-act pre-trial-hearing sixth-amendment statutory-interpretation testimonial-evidence Whether the Maritime Drug Law Enforcement Act violates the Sixth Amendment by precluding the jury from determining jurisdiction and allowing the gover…
18-5490 Mark Madison Lowe v. Virginia Department of Corrections Fourth Circuit 2018-08-08 Denied Response WaivedIFP 14th-amendment 4th-amendment 5th-amendment 6th-amendment 8th-amendment constitutional-rights due-process judicial-discretion sixth-amendment stun-belt trial-procedure Whether the imposition of a RACC Stun belt with secret instructions to compel testimony, alter testimony, and remain silent during trial infringed upo…
18-5505 Farris Genner Morris v. Tony Mays, Warden Sixth Circuit 2018-08-08 Denied IFP procedurally defaulted ineffective assistance of capital-case equitable-exception evidence federal-habeas federal-review habeas-corpus ineffective-assistance ineffective-assistance-of-counsel martinez-exception martinez-v-ryan post-conviction-relief procedural-default sixth-amendment When Martinez v. Ryan applies to a petitioner's initial federal habeas corpus proceeding, should the petitioner be entitled to application of Martinez…
18-5514 Robert Allen Wilkins v. Virginia Fourth Circuit 2018-08-08 Denied IFP civil-procedure counsel due-process evidence sanctions standing due-process fair-trial fourteenth-amendment ineffective-assistance-of-counsel prosecutorial-misconduct sixth-amendment Whether the petitioner's Sixth and Fourteenth Amendment rights were violated by the court's errors, including failure to strike testimony, failure to …
18-5517 Mike Peter Gallardo v. Arizona Arizona 2018-08-08 Denied IFP capital-jury capital-punishment citizen-jurors due-process eighth-amendment fair-cross-section fourteenth-amendment ineffective-assistance jury-composition sixth-amendment Whether seating an alien capital juror violated the petitioner's Sixth, Eighth, and Fourteenth Amendment rights
18-5518 Norman Mearle Grim v. Florida Florida 2018-08-08 Denied Relisted (5)IFP advisory-jury burden-of-proof caldwell-v-mississippi capital-case death-penalty death-penalty-sentencing eighth-amendment harmless-error hurst-v-florida hurst-violation sixth-amendment sullivan-v-louisiana Whether a Hurst violation can be ruled harmless based solely on a pre-Hurst advisory jury's unanimous vote to recommend death, where the jurors heard …
18-5474 Heriberto Garcia-Hernandez v. United States Fifth Circuit 2018-08-07 Denied Response WaivedIFP criminal-procedure due-process indictment jury-trial prior-conviction reasonable-doubt sentencing sentencing-enhancement sixth-amendment statutory-maximum Whether all facts — including the fact of a prior conviction — that increase a defendant's statutory maximum must be pleaded in the indictment and eit…
18-5496 Alfredo Perez, Jr. v. California California 2018-08-07 Denied Response WaivedIFP apprendi-doctrine apprendi-v-new-jersey constitutional-interpretation criminal-sentencing due-process judicial-fact-finding judicial-findings jury-trial resentencing sentencing sixth-amendment three-strikes-law Does the federal constitution, as construed in Apprendi v. New Jersey, permit a court to find a defendant ineligible for resentencing based on judicia…
18-5446 Allan Latoi Story v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2018-08-06 Denied IFP brady-violation civil-rights due-process effective-assistance-of-counsel fair-trial fifth-amendment fourteenth-amendment fourth-amendment ineffective-assistance sixth-amendment speedy-trial Whether the state violated the petitioner's constitutional rights under the Fourth, Fifth, Sixth, and Fourteenth Amendments
18-5447 David V. Rock v. Charmaine Bracy, Warden Sixth Circuit 2018-08-06 Denied IFP burden-of-proof constitutional-error due-process enhancement evidence habeas-corpus plea-bargaining plea-validity presumption-of-innocence reasonable-doubt sixth-amendment Whether the presumption of innocence and burden of proof requirements are unconstitutionally repealed in enhancement cases, requiring the defendant to…
18-5453 Mark Elliott v. Carmen Denise Palmer, Warden Sixth Circuit 2018-08-06 Denied Response WaivedRelisted (2)IFP brady-v-maryland brady-violation confrontation-clause due-process due-process-brady-v-maryland favorable-to-accused hearsay-testimony ineffective-assistance ineffective-assistance-of-counsel material-evidence prosecutorial-misconduct remand-for-coa right-to-confrontation sixth-amendment whether-under-brady-and-its-progeny-the-prosecution's-intentional-nondisclosure-of-petitioner's-requested-911-audio-recordings-requires-his-conviction…
18-5466 Lawrence E. Wilson v. Ohio Ohio 2018-08-06 Denied Response WaivedIFP criminal-procedure cruel-and-unusual-punishment due-process eighth-amendment nunc-pro-tunc open-court right-to-counsel sentencing sentencing-requirements sixth-amendment void Whether a trial court's failure to comply with statutory requirements when imposing a sentence renders the attempted sentence void
18-5468 Raul Villarreal and Fidel Villarreal v. United States Ninth Circuit 2018-08-06 Denied Response RequestedResponse WaivedRelisted (2)IFP acquitted-conduct appellate-review constitutional-rights dismissed-conduct fifth-amendment sentencing-guidelines sentencing-guidelines-review sixth-amendment statutory-law statutory-maximum Whether an upward departure from the advisory Sentencing Guidelines is subject to appellate review
18-5469 Chad Allen Dorton v. United States Sixth Circuit 2018-08-06 Denied Response WaivedIFP appeal appellate-review criminal-procedure district-court due-process judicial-discretion obstruction-of-justice offense-enhancement sentencing-guidelines sixth-amendment standard-of-review Did the district court err in applying the sentencing guidelines offense enhancement for obstruction of justice?
18-5457 Michael Allyn Kennedy v. Texas Texas 2018-08-03 Denied IFP appeal conviction criminal-procedure due-process habeas-corpus indictment jury-trial notice sixth-amendment trial Whether the trial court erred in imposing a conviction without a reading of the indictment, thereby depriving the petitioner of due process and notice…
18-5458 Kevin Taylor v. Darrel Vannoy, Warden Fifth Circuit 2018-08-03 Denied Response WaivedIFP cause-and-prejudice comity compulsory-process confrontation-clause due-process effective-assistance-of-counsel fundamental-fairness ineffective-assistance-of-counsel sixth-amendment Whether Mr. Taylor's Sixth Amendment right to confront and cross-examine his accusers was violated when he was denied Compulsory Process
18-5439 Adam Longoria v. United States Eleventh Circuit 2018-08-02 Denied Response WaivedIFP armed-career-criminal-act criminal-procedure descamps-v-united-states mathis-v-united-states non-elemental-facts occasions-different sentencing-enhancement serious-drug-offense sixth-amendment sixth-amendment-jury-trial statutory-interpretation taylor-v-united-states violent-felony Whether the ACCA's 'occasions different from one another' clause requires a sentencing court to rely solely on elemental facts, or whether it can rely…
18-5440 Larenzo Lomax v. Darrel Vannoy, Warden Fifth Circuit 2018-08-02 Denied IFP arrest arrest-legality constitutional-rights criminal-procedure exclusionary-rule false-affidavit false-statements fourth-amendment ineffective-assistance-of-counsel search-and-seizure search-warrant sixth-amendment Whether Lomax was denied the effective assistance of counsel when his trial attorney failed to challenge the legality of Lomax's arrest
18-5442 Craig Alan Wall, Sr. v. Florida Florida 2018-08-02 Denied Relisted (2)IFP capital-punishment constitutional-rights crawford-standard crawford-v-washington due-process fifth-amendment forced-appeal fourteenth-amendment hearsay-exception separation-of-powers sixth-amendment unreasonable-determination-of-facts Whether Florida Statute § 90.804(2)(f) violates the Sixth Amendment and Due Process rights of defendants, whether a state court can force a defendant …
18-5405 Fortino Pimentel-Soto v. United States Fifth Circuit 2018-08-01 Denied Response WaivedIFP criminal-procedure due-process indictment jury-trial prior-conviction reasonable-doubt sentencing sentencing-enhancement sixth-amendment statutory-maximum Whether all facts — including the fact of a prior conviction — that increase a defendant's statutory maximum must be pleaded in the indictment and eit…
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?
18-143 Sandra Lee Bart v. United States Eighth Circuit 2018-07-31 Denied Response WaivedRelisted (2) appellate-review conspiracy conspiracy-conviction due-process evidence evidentiary-hearing fair-trial government-witness juror-misconduct jury-misconduct precedent sixth-amendment substantial-evidence Did the Eighth Circuit fail to follow its own precedent and rule contrary to other Appellate Circuits and the United States Supreme Court when it appr…
18-5390 Khalil Abu Rayyan v. United States Sixth Circuit 2018-07-31 Denied Response WaivedIFP due-process fifth-amendment sentencing sentencing-guidelines sixth-amendment uncharged-conduct upward-variance Whether the district court violated Khalil Abu Rayyan's Fifth and Sixth Amendment rights by imposing an upward variance of almost three times the top …
18-5416 Ramal Hammond v. Ohio Ohio 2018-07-31 Denied Response WaivedIFP amnesia burden-of-proof competency criminal-procedure defendant-amnesia due-process dusky-standard dusky-v-united-states mental-capacity right-to-counsel sixth-amendment trial-competency When the evidence of guilt is far from overwhelming but cannot be rebutted without information that only the defendant would know, but due to amnesia …
18-5419 Kevin Griffin v. Thomas DiNapoli Second Circuit 2018-07-31 Denied Response WaivedIFP 14th-amendment 6th-amendment appeal-dismissal appellate-procedure appointment-of-counsel civil-procedure civil-rights constitutional-rights counsel-appointment due-process fourteenth-amendment in-forma-pauperis sixth-amendment standing Was petitioner erroneously denied in forma pauperis, appointment of counsel, and appeal dismissal?
18-5388 Albert William Roberts, III v. United States Eighth Circuit 2018-07-30 Denied Response WaivedRelisted (2)IFP acquittal acquitted-conduct criminal-procedure double-jeopardy-clause due-process relevant-conduct sentencing sixth-amendment united-states-v-watts watts-precedent Can acquitted conduct continue to be used at sentencing?
18-5394 Casey Peebles v. United States Eighth Circuit 2018-07-30 Denied Response WaivedIFP coconspirator-statements confrontation-clause criminal-procedure due-process evidence evidence-rule fair-trial federal-rules-of-evidence hearsay hearsay-exception sixth-amendment Whether Inadi and Bourjaily adequately protect an accused's Fifth Amendment due process right to a fair trial and his Sixth Amendment right to confron…
18-5399 Joseph Andrew Perez v. California California 2018-07-30 Denied IFP autopsy-report autopsy-reports confrontation-clause crawford-standard crawford-v-washington criminal-procedure homicide-investigation homicide-investigations sixth-amendment testimonial testimonial-evidence Whether an autopsy report created as part of a homicide investigation, and asserting that the death was caused by homicide, is 'testimonial' under the…
18-5374 Adrian Demond Hyman v. United States Fourth Circuit 2018-07-27 Denied Response WaivedIFP adversarial-system appellate-procedure claim-processing-rule claim-processing-rules criminal-appeal equitable-exception equitable-exceptions federal-rules-of-appellate-procedure jurisdictional-deadline jurisdictional-deadlines non-jurisdictional-deadline non-jurisdictional-rule sentencing sixth-amendment Whether an appellate court acts without authority when it enforces the non-jurisdictional deadline for a direct criminal appeal under Fed. R. App. P. …
18-5383 James Rodney Shuman v. United States Eleventh Circuit 2018-07-27 Denied Response WaivedIFP apprendi-v-new-jersey armed-career-criminal-act armed-career-criminal-act-acca controlled-substances-act drug-offenses due-process mathis-v-united-states sentencing-enhancement serious-drug-offense sixth-amendment statutory-interpretation taylor-v-united-states vagueness void-for-vagueness whether-the-appellate-court's-interpretation-and-application-of-the-armed-career-criminal-act-(acca)-is-contrary-to-supreme-court-precedent
18-5360 Curtis L. Clinton v. Ohio Ohio 2018-07-26 Denied IFP constitutional-rights criminal-justice-system criminal-procedure eighth-amendment equal-protection fair-trial fourteenth-amendment racial-stereotype racial-stereotypes racial-stereotyping sixth-amendment Whether a defendant's rights to the effective assistance of counsel, a fair and impartial jury, to be free from cruel and unusual punishment, and to t…
18-5364 Harry Austin v. Julie L. Jones, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2018-07-26 Denied Response WaivedIFP appellate-review constitutional-rights criminal-procedure due-process fifth-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sixth-amendment state-custody writ-of-certiorari Whether certiorari review should be granted where the Eleventh Circuit affirmed the denial of Austin's petition under 28 U.S.C. §2254 for writ of habe…
18-113 Jeremiah Rodgers v. Florida Florida 2018-07-25 Denied Amici (1) constitutional-rights death-penalty due-process hurst-v-florida jury-trial jury-waiver retroactivity sentencing-procedure sixth-amendment waiver Does waiving a state-law right to have a jury make an advisory sentencing recommendation constitute a knowing and intelligent waiver of the federal co…
18-5336 Ventron Vaneke Lott v. Patrick Warren, Warden Sixth Circuit 2018-07-25 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process effective-assistance-of-counsel evidence ineffective-assistance-of-counsel judicial-discretion michigan-law sentencing-guidelines sixth-amendment Whether the trial court erred in sentencing the petitioner under the restrictions of OV-1 and OV-2 of the Michigan Sentencing Guidelines in violation …
18-5339 Tyron James v. Paul Snyder, Warden, et al. Tenth Circuit 2018-07-25 Denied Response WaivedIFP 6th-amendment constitutional-rights criminal-procedure due-process effective-assistance-of-counsel habeas-corpus ineffective-assistance-of-counsel plea-bargaining retroactive-application sixth-amendment strickland-v-washington Whether the 10th Circuit Court of Appeals erred in affirming the conviction and not applying the Santobello decision on counsel's performance retroact…
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…
18-5348 Gary Clack v. Kentucky Kentucky 2018-07-25 Denied Response WaivedIFP counsel-performance criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel kentucky-court-of-appeals post-conviction-relief prejudice prejudice-prong sixth-amendment strickland-standard strickland-v-washington witness-testimony Whether the Kentucky Court of Appeals properly applied the Strickland prejudice prong when it held that trial counsel provided ineffective assistance …
18-5349 Tyron Young v. United States Eighth Circuit 2018-07-25 Denied Response WaivedIFP confrontation-clause confrontation-right cross-examination due-process government-informant hearsay out-of-court-allegations reliability sentencing sentencing-hearing sixth-amendment unsworn-testimony Whether the Sixth Amendment right to confront and cross-examine adverse witnesses applies at a sentencing hearing where the court bases the sentence o…
18-5351 Payman Borhan v. Joe A. Lizarraga, Warden Ninth Circuit 2018-07-25 Denied Response WaivedIFP certificate-of-appealability choice-of-counsel criminal-procedure due-process habeas-corpus ineffective-assistance mccoy-v-louisiana right-to-choice-of-counsel right-to-counsel sixth-amendment Whether the trial court's refusal to allow the defendant to retain his own counsel of choice deprived him of his Sixth Amendment right to choose the f…
18-106 John R. Turner v. United States Sixth Circuit 2018-07-24 Denied Amici (6)Relisted (2) circuit-split criminal-procedure dual-sovereignty formal-charges plea-bargaining plea-negotiations pre-charge pre-indictment right-to-counsel sixth-amendment Sixth Amendment right to counsel attaches during pre-charge plea negotiations
18-5333 Scott Leslie Carmell v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2018-07-24 Denied IFP appellate-procedure civil-procedure civil-rights due-process effective-assistance-of-counsel habeas-corpus ineffective-assistance jurisdiction sixth-amendment standing Whether the petitioner's Sixth Amendment right to effective assistance of appellate counsel was violated when the appellate court sua sponte dismissed…
18-5300 Gary Robinson v. United States Fourth Circuit 2018-07-23 Denied Response WaivedIFP criminal-procedure due-process fifth-amendment fourteenth-amendment ineffective-assistance-of-counsel sixth-amendment Whether a trial attorney can constitutionally stipulate elements of a charged crime over the expressed objections of the defendant under the Fifth, Si…
18-5289 Stephen Dale Barbee v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2018-07-20 Denied IFP client-autonomy ineffective-assistance-of-counsel ineffective-counsel mccoy-v-louisiana post-conviction prejudice prejudice-standard sixth-amendment strickland-v-washington structural-error Did the Fifth Circuit impose an improper ineffective-assistance-of-counsel standard, which required him to show prejudice, to Barbee's claim that his …
18-5291 Martin Louis Ballard v. United States Fourth Circuit 2018-07-20 Denied Response WaivedIFP deprived him of his right under the Sixth Amendme without any hearing 5th-amendment 6th-amendment bank-account bank-account-seizure civil-rights counsel-of-choice due-process fifth-amendment pretrial-seizure procedural-due-process seizure sixth-amendment Whether the pretrial seizure of petitioner's bank account, without any hearing, deprived him of his right under the Sixth Amendment to the United Stat…
18-5297 Allen Jamel Robinson v. Darryl Vannoy, Warden Fifth Circuit 2018-07-20 Denied Response WaivedIFP civil-rights criminal-procedure due-process effective-assistance-of-counsel habeas-corpus ineffective-assistance-of-counsel right-to-counsel sentencing sixth-amendment Whether the petitioner was denied effective assistance of counsel in violation of the Sixth Amendment due to counsel's failure to properly investigate…
18-5303 Maurice Mason v. Ohio Ohio 2018-07-20 Denied IFP capital-sentencing death-penalty hurst-v-florida jury-decision jury-recommendation ohio-death-penalty ring-v-arizona sixth-amendment Does Ohio's death penalty scheme, classifying a jury's decision as a recommendation, accord with the Sixth Amendment right to trial by jury as articul…
18-5247 James McCray v. S. L. Burt, Warden Sixth Circuit 2018-07-18 Denied Response WaivedIFP 6th-amendment constitutional-violation criminal-procedure due-process judicial-discretion jury-trial minimum-sentence plea-bargaining reasonable-doubt sentencing-guidelines sixth-amendment Whether the Sixth Circuit decision is objectively unreasonable as a matter of due process, because McCray's sentencing guidelines offense variable(s) …
18-5258 Howell Miller v. United States Second Circuit 2018-07-18 Denied Response WaivedIFP appellate-procedure criminal-procedure due-process en-banc-review judge-found-facts judicial-fact-finding sentencing sentencing-guidelines sixth-amendment uniformity-of-decisions united-states-v-booker whether-a-drastically-increased-sentence-violates-the-sixth-amendment
18-5266 Michael Ferguson v. United States Sixth Circuit 2018-07-18 Denied Response WaivedIFP advisory-guidelines arrest-records bare-arrest-records dismissed-charges due-process evidence-reliability hearsay hearsay-evidence reliability-standard sentencing sentencing-guidelines sixth-amendment What standard of scrutiny does Due Process require courts to use when evaluating the reliability of evidence courts rely on to impose a sentence?
18-5231 Richard Lloyd Odom v. Tennessee Tennessee 2018-07-17 Denied IFP but no text of a SCOTUS petition was provided in I cannot generate a question presented or identif please include the full text of the petition. brain-damage capital-case eighth-amendment ineffective-assistance-of-counsel mitigating-evidence sixth-amendment smith-v-texas strickland-prejudice strickland-v-washington tennard-v-dretke Whether the Tennessee Court of Criminal Appeals violated Petitioner's Sixth Amendment rights and contravened this Court's Strickland v. Washington pre…
18-82 Tamara Cotman and Angela Williamson v. Georgia Georgia 2018-07-17 Denied Response Waived acquittal criminal-procedure double-jeopardy double-jeopardy,fifth-amendment,criminal-procedure fifth-amendment jury jury-trial nonunanimous-verdict sixth-amendment sixth-amendment,criminal-procedure,jury,due-proces unanimous-verdict Whether the Double Jeopardy Clause of the Fifth Am Whether it is a Violation of the Sixth Amendment for a jury in a criminal case to return a nonunanimous verdict
18-5243 Curumulathu Jacob v. Virginia Virginia 2018-07-16 Denied Response WaivedIFP criminal-procedure due-process fourteenth-amendment jurisdiction notice-clause sixth-amendment stare-decisis void-ab-initio Can a state maintain a judgment which was entered absent jurisdiction under its own stare decisis ruling and which is a violation of the Sixth Amendme…
18-5220 Roger A. Libby v. Renee Baker, Warden, et al. Nevada 2018-07-13 Denied Response WaivedIFP actual-innocence adversarial-format due-process habeas-corpus indigent-petitioner post-conviction scientific-evidence sixth-amendment strickland Does the Due Process Clause guarantee an indigent petitioner the Sixth Amendment right to the assistance of counsel during actual innocence proceeding…
18-5226 Richard Lugo v. United States Second Circuit 2018-07-13 Denied Response WaivedIFP certificate-of-appealability constitutional-rights criminal-procedure direct-appeal due-process habeas-corpus ineffective-assistance-of-counsel right-to-counsel sixth-amendment Whether appellate counsel's ineffectiveness deprived petitioner of his right to direct appeal
18-5233 Edgar Alejandro Radillo, et al. v. Rosemary Ndoh, Warden, et al. Ninth Circuit 2018-07-13 Denied IFP batson-challenge civil-rights due-process equal-protection Fourteenth-Amendment jury-selection minority-jurors non-minority-jurors peremptory-challenges prosecutorial-discretion prosecutorial-motivation racial-discrimination Sixth-Amendment Batson-challenge
18-5218 Allen Robertson, Jr. v. Louisiana Louisiana 2018-07-12 Denied IFP atkins-v-virginia criminal-behavior death-penalty eighth-amendment eighth-amendment-cruel-and-unusual-punishment hall-v-florida intellectual-disability jury-misconduct moore-v-texas racial-bias sixth-amendment Whether the Louisiana state courts improperly considered Petitioner's criminal behavior in determining that he is not intellectually disabled, in viol…
18-5201 Henry Bryan Lowe v. Darrel Vannoy, Warden Fifth Circuit 2018-07-11 Denied IFP 14th-amendment 5th-amendment 6th-amendment brady-v-maryland civil-rights constitutional-rights criminal-procedure due-process evidence evidence-suppression expert-witness fifth-amendment ineffective-assistance sixth-amendment Ineffective-assistance-of-counsel
18-5177 Herman Majors v. United States Sixth Circuit 2018-07-10 Denied Response WaivedIFP concurrent-sentence criminal-law criminal-procedure drug-conspiracy drug-quantity due-process foreseeable-drug-quantity ineffective-assistance sentencing sentencing-prejudice sixth-amendment Whether a defendant in a drug conspiracy case suffers prejudice when his attorney fails to argue at sentencing that foreseeable drug quantity is limit…
18-5184 Ahmad Sayed Hashimi v. United States Fourth Circuit 2018-07-10 GVR IFP appeal criminal-defense criminal-procedure due-process harmless-error ineffective-assistance-of-counsel right-to-counsel right-to-maintain-innocence sixth-amendment supreme-court-precedent trial-strategy Whether the case of United States v. Anmad Hashimi should be remanded for review and decision by the Fourth Circuit Court of Appeals in light of the U…
18-5189 Glenvert Green v. United States Third Circuit 2018-07-10 Denied Response WaivedIFP confrontation-clause criminal-procedure cross-examination due-process fifth-amendment hearsay hearsay-evidence sentencing sentencing-procedure sixth-amendment victim-impact-statement victim-impact-statements Whether the Sixth and Fifth Amendments provide a criminal defendant the right to cross-examine a government witness who testifies during a sentencing …
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
18-5158 Mario Lee Brown v. United States Eleventh Circuit 2018-07-09 Denied Response WaivedRelisted (2)IFP acca-enhancement certificate-of-appealability descamps-v-united-states evidentiary-hearing fifth-amendment florida-robbery-statute sixth-amendment stokeling-v-united-states Whether the United States Court of Appeals for the Eleventh Circuit erred in denying petitioner a Certificate of Appealability
18-5173 Wilberth Medina Garcia v. United States Fifth Circuit 2018-07-09 Denied Response WaivedIFP confrontation-clause criminal-procedure deportation due-process evidence-law hearsay immigration immigration-law sixth-amendment testimonial-evidence testimonial-hearsay Whether an immigration officer's formalized statements relating the fact of an alien's removal constitute testimonial hearsay for the purposes of anal…
18-5162 Ellord Wells v. Mary Potter, Warden Sixth Circuit 2018-07-06 Denied Response WaivedIFP due-process guilty-plea mandatory-sentence sixth-amendment trial-court appeal constitutional-rights criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel mandatory-sentence sentencing sixth-amendment Whether appellate counsel rendered ineffective assistance by not arguing that the trial court failed to inform the appellant of the mandatory nature o…
18-5118 Shane K. Floyd v. United States Sixth Circuit 2018-07-05 Denied Response RequestedResponse WaivedRelisted (2)IFP civil-rights constitutional-rights due-process equal-protection fair-trial ineffective-assistance-of-counsel judicial-fairness jury-deliberations jury-selection presumption-of-innocence racial-bias sixth-amendment strickland-standard Whether racial bias can infect a jury's deliberations and decisions, violating the right to a fair trial
18-5121 Leslie Dominic Musgrove v. United States Fourth Circuit 2018-07-05 Denied Response RequestedResponse WaivedRelisted (2)IFP acquitted-conduct drug-quantity due-process jury-verdict nelson-v-colorado preponderance-of-evidence preponderance-of-the-evidence relevant-conduct sentencing sixth-amendment whether-it-is-a-sixth-amendment-and-due-process-violation-for-a-judge-at-sentencing-to-attribute-acquitted-and-relevant-conduct-by-a-preponderance-of-…
18-5123 Eric Glenn Parker v. United States Fifth Circuit 2018-07-05 Denied Response WaivedIFP aiding-abetting aiding-and-abetting conspiracy criminal-conviction criminal-procedure district-court jurisdiction murder murder-charge rico rico-conspiracy sixth-amendment venue venue-proof Was venue proven to convict Eric Glenn Parker of conspiracy to commit RICO and aiding and abetting murder in the Northern District of Mississippi?
18-5127 Martinez Orlando Black v. North Carolina North Carolina 2018-07-05 Denied IFP criminal-procedure due-process felony-classification habitual-offender ineffective-assistance-of-counsel juvenile-delinquency prior-conviction recidivism sentencing sentencing-enhancement sixth-amendment Did the failure of defense counsel to object to the increase in Petitioner's sentence into the 'aggravated range' at Felony Class C, by use of a prior…
18-5132 Jonathan Arn Bryant v. Florida Florida 2018-07-05 Denied Response RequestedResponse WaivedRelisted (2)IFP 14th-amendment 6th-amendment custodial-interrogation due-process fair-trial fifth-amendment fourteenth-amendment impartial-jury right-to-counsel self-incrimination self-incrimination-rights sixth-amendment voir-dire Whether the State of Florida's use of Bryant's custodial statements against him violated his Fifth, Sixth, and Fourteenth Amendment rights
18-20 Arkadiy Bangiyev v. United States Fourth Circuit 2018-07-03 Denied Response Waived 28-usc-2255 certificate-of-appealability counsel-stipulation criminal-procedure evidentiary-hearing ineffective-assistance-of-counsel plea-bargain plea-bargaining sentencing-enhancement sentencing-guidelines sixth-amendment writ-of-certiorari Did the court of appeals err in denying petitioner's motion for a certificate of appealability to review the denial of an evidentiary hearing on petit…
18-5075 Felix A. Okafor v. United States Fourth Circuit 2018-07-03 Denied Response WaivedRelisted (2)IFP beyond-reasonable-doubt-standard Blockburger-test blockburger-v-united-states Brady-v-Maryland concurrent-sentence criminal-procedure double-jeopardy due-process exculpatory-evidence glover-v-united-states in-re-winship kyles-v-whitley ray-v-united-states sentencing sentencing-determination sixth-amendment May a conviction that is admittedly a violation of the concurrent-sentence-doctrine be allowed to stand in light of Ray-v-United-States
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…
18-5088 Emanuel Johnson v. Florida Florida 2018-07-03 Denied IFP death-penalty eighth-amendment fourteenth-amendment hurst-v-florida judicial-review retroactivity sixth-amendment supremacy-clause Did the Florida Supreme Court violate the Supremacy Clause and the Sixth, Eighth, and Fourteenth Amendments in affirming Emanuel Johnson's judicially-…
18-5103 Jeffery Day Rieber v. Alabama Alabama 2018-07-03 Denied IFP appellate-counsel capital-sentencing eighth-amendment equal-protection ineffective-assistance judicial-override lesser-included-offense mitigating-evidence right-to-counsel sixth-amendment strickland-v-washington Did Mr. Rieber's trial counsel provide constitutionally ineffective assistance?
18-5044 Laurenano Angulo Riascos v. United States Eleventh Circuit 2018-07-02 Denied Response WaivedIFP appeal appellate-procedure certificate-of-appealability constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance section-2255 sixth-amendment Whether the Court of Appeals for the Eleventh Circuit erred in denying petitioner's request for a certificate of appealability to review the district …
18-5071 Juan Carlos Vazquez v. South Carolina South Carolina 2018-07-02 Denied Response RequestedRelisted (2)IFP deportation due-process effective-assistance-of-counsel guilty-plea knowing-and-voluntary language-barrier prosecutorial-misconduct sixth-amendment Was petitioner denied his Sixth Amendment right to effective assistance of counsel?
18-5073 Victor Armando Cruz-Colocho v. United States Fifth Circuit 2018-07-02 Denied Response WaivedIFP almendarez-torres apprendi apprendi-rule criminal-procedure due-process prior-conviction recidivism sentencing sentencing-enhancement sixth-amendment Should the Court consider the continuing validity of Almendarez-Torres v. United States, 523 U.S. 244 (1998), in light of the reasoning of Apprendi v.…
18-5084 Daniel Burns v. Florida Florida 2018-07-02 Denied IFP collateral-review constitutional-amendments constitutional-rights death-penalty death-penalty-sentencing due-process eighth-amendment equal-protection fourteenth-amendment hurst-decision hurst-v-florida retroactivity sixth-amendment supremacy-clause Did the Florida Supreme Court violate the Supremacy Clause and the Sixth, Eighth, and Fourteenth Amendments in affirming Daniel Burns' judicially-dete…
18-5085 Teon Jamell Williams v. North Carolina North Carolina 2018-07-02 Denied Response WaivedIFP 4th-amendment cell-phone-privacy collateral-estoppel constitutional-rights criminal-procedure direct-appeal double-jeopardy effective-assistance-of-counsel fourth-amendment ineffective-assistance-of-counsel search-and-seizure sixth-amendment state-law warrantless-search Whether the petitioner's right to effective assistance of counsel in his first direct appeal of right was violated when counsel refused to brief his F…
18-5006 Steven William Deuman, Jr. v. United States Sixth Circuit 2018-06-29 Denied Response WaivedIFP dna-evidence due-process indian-major-crimes-act ineffective-assistance ineffective-assistance-of-counsel sixth-amendment sixth-circuit-review strickland strickland-v-washington tribal-enrollment Was counsel's decision to forego utilizing a DNA expert defense witness and agreeing to the government's stipulation of Tribal Enrollment a reasonable…
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
18-8 Samuel Cohen v. United States Ninth Circuit 2018-06-29 Denied Response Waived civil-procedure criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel sentencing sixth-amendment standing Whether the Ninth Circuit erred in affirming the district court's denial of Samuel Cohen's motion to vacate his sentence under 28 U.S.C. § 2255 based …
18-5015 Edwin Aponte v. Eric Tice, Superintendent, State Correctional Institution at Smithfield, et al. Third Circuit 2018-06-28 Denied Response WaivedIFP civil-rights confrontation-clause due-process habeas-corpus ineffective-assistance-of-counsel merits-review procedural-default prosecutorial-misconduct self-defense sixth-amendment state-appellate-procedure Was petitioner's prosecutorial misconduct claim procedurally defaulted for failing to present it in state appellate procedure when the highest state c…
18-5027 Mark O. Wright v. Virginia Virginia 2018-06-28 Denied Response WaivedIFP appeal criminal-defendant criminal-procedure double-jeopardy due-process judgment-enforcement legal-procedure lesser-included-offense sentencing sixth-amendment state-supreme-court void-ab-initio void-judgment Can a state Supreme Court enforce a judgment against a criminal defendant for an offense that was never charged and which was not a lesser included of…
18-5031 Jabbar Wallace v. Kevin Kauffman, Superintendent, State Correctional Institution at Huntingdon, et al. Third Circuit 2018-06-28 Denied Response WaivedIFP 6th-amendment confrontation-clause constitutional-rights criminal-procedure due-process fifth-amendment fourteenth-amendment ineffective-assistance-of-counsel ineffective-counsel murder-conviction self-defense self-defense-right sixth-amendment Whether the petitioner's conviction for third-degree murder should be overturned due to self-defense, violation of the Confrontation Clause, and ineff…
25A216 Curtis Windom v. Florida, et al. Florida Denied capital-counsel death-penalty evolving-standards ineffective-assistance right-to-counsel sixth-amendment Whether the Sixth Amendment requires retroactive application of evolving standards of counsel qualifications in capital cases to determine the effecti…
25A240 Deshawn Demarcus House v. Jeff Long, Warden, et al. Tenth Circuit Presumed Complete due-process faretta-hearing ineffective-assistance pro-se self-representation sixth-amendment Whether the Sixth Amendment right to self-representation was violated when the trial court denied the defendant's request to proceed pro se without a …
25A246 Consuelo Saldana, et al. v. William Campana California Presumed Complete constitutional-rights criminal-proceeding due-process execution-stay jury-trial sixth-amendment Whether the Sixth Amendment right to a jury trial was improperly denied in a criminal proceeding in violation of constitutional due process
25A378 Charles Ray Crawford v. Mississippi Mississippi Denied capital-punishment defense-strategy ineffective-assistance retroactivity right-to-counsel sixth-amendment Whether McCoy v. Louisiana established a new constitutional rule or merely applied existing Sixth Amendment principles for determining when counsel's …
25A568 Leroy Thomas Joyner, Jr. v. United States Eleventh Circuit Application ineffective-assistance right-to-counsel sentencing sixth-amendment transcript-access trial-counsel Whether a criminal defendant's Sixth Amendment right to effective assistance of counsel is violated when trial counsel fails to access or review criti…
25A847 Charles Victor Thompson v. Texas Texas Denied autopsy-report capital-murder confrontation-clause medical-examiner sixth-amendment surrogate-testimony Question not identified.
24A723 Marion Bowman, Jr. v. Bryan P. Stirling, Director, South Carolina Department of Corrections, et al. South Carolina Denied death-penalty ineffective-assistance racial-bias sixth-amendment strickland-standard trial-counsel Whether a criminal defendant's Sixth Amendment right to effective assistance of counsel is violated when trial counsel introduces racially prejudicial…
24A948 Michael Tanzi v. Ricky D. Dixon, Secretary, Florida Department of Corrections Florida Denied constitutional-law death-penalty federal-review jury-trial procedural-bar sixth-amendment Whether a state supreme court's procedural bar on a death row inmate's federal constitutional claim violates the Sixth Amendment right to a jury trial…