Witness-testimony

330 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
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 In McCoy v. Louisiana, 584 U.S. 414 (2018), this Court held that (1) the Sixth Amendment guarantees a criminal defendant the autonomy to decide the ob…
25-6445 Charlie Bullock v. Virginia Virginia 2025-12-30 Pending Response WaivedIFP 14th-amendment constitutional-rights criminal-trial due-process false-testimony witness-testimony (1) . In claim number two of petitioner's state "Motion to Vacate", was the petitioner's 14th Amendment Due Process Rights violated when Detective Cuf…
25-618 Craig Jonathan Warner v. Texas Texas 2025-12-01 Pending constitutional-rights criminal-procedure due-process false-testimony fourteenth-amendment witness-testimony 1. At least ten states' courts and four federal circuit courts recognize that a state's unknowing presentation of false testimony denies a defendant d…
25-5997 Tremane Wood v. Oklahoma Oklahoma 2025-10-30 Denied Amici (4)IFP brady-violation capital-punishment judicial-bias napue-violation prosecutorial-misconduct witness-testimony 1. Should this Court, after independently reviewing the factual record, grant Mr. Wood a new trial based on the Napue violation at his trial, as it di…
25-5815 Wilclin Saintil v. Florida Florida 2025-10-07 Denied IFP constitutional-rights criminal-procedure due-process fifth-amendment sixth-amendment witness-testimony I. WHETHER THE STATE COURT VIOLATED THE FIFTH, SIXTH, AND FOURTEENTH AMENDMENTS TO THE UNITED STATES CONSTITUTION IN DENYING THE ACCUSED HIS DUE PR…
25-305 Louise DeBerry v. Chicago Board of Education, et al. Illinois 2025-09-16 Denied Response Waived administrative-hearing due-process evidence-admissibility fourteenth-amendment fundamental-fairness witness-testimony Does the Due Process Clause of the Fourteenth Amendment provide a mechanism for relief in administrative hearings when evidence is unduly prejudicial?
25-5610 Greg Gogin v. Michael Meisner, Warden Seventh Circuit 2025-09-11 Denied Response WaivedIFP due-process habeas-corpus presentence-investigation sentencing-accuracy statutory-interpretation witness-testimony Whether a defendant's sworn testimony, statements to a Presentence Investigator, and victim statements can be used to challenge sentencing accuracy un…
25-5533 Stanton Guillory v. United States Fifth Circuit 2025-09-03 Denied Response WaivedRelisted (2)IFP circuit-split criminal-procedure evidence-admissibility propensity-evidence rule-404b witness-testimony Is there an 'inextricably intertwined' exception to Rule 404(b)?
25-5356 Oscar Oropeza v. Hector Rios, Warden, et al. Tenth Circuit 2025-08-14 Denied IFP compulsory-process constitutional-rights criminal-procedure cross-examination due-process witness-testimony Whether the state's compulsory process and due process rights were violated by denying petitioner's counsel the ability to effectively cross-examine w…
25-5311 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…
25-5253 Steven Tuopeh v. South Dakota South Dakota 2025-08-01 Denied Response RequestedResponse WaivedRelisted (8)IFP compulsory-process court-transport criminal-defense due-process trial-procedure witness-testimony Whether a defendant's compulsory process rights remain unexhausted when a primary defense witness refuses to be transported to court from his prison c…
25-5070 Kedrick Johnson v. Louisiana Louisiana 2025-07-09 Denied Response WaivedIFP brady-violation criminal-procedure evidence-disclosure forfeiture-by-wrongdoing legal-disclosure witness-testimony Did the State violate Brady v. Maryland when it failed to disclose a June 8, 2010, supplemental police report that would have made key witness Stephen…
24-7397 John Fitzgerald Hanson v. Oklahoma Oklahoma 2025-06-11 Denied IFP brady-violation capital-murder diligence-standard evidence-suppression prosecutorial-misconduct witness-testimony Whether a court may impose a diligence standard rendering evidence inadmissible despite prosecutorial suppression under Brady v. Maryland, and whether…
24-7378 Margarita Leanos v. Allen Dills, Warden Georgia 2025-06-06 Denied IFP appellate-counsel constitutional-challenge discriminatory-evidence gang-membership ineffective-assistance witness-testimony Whether appellate counsel provided ineffective assistance by failing to challenge the admission of discriminatory gang membership evidence through a s…
24-7312 Leavon Z. Reeves v. Oluchi Akunne Maryland 2025-05-29 Denied Response WaivedIFP 14th-amendment adoption-fraud child-custody due-process social-worker-misconduct witness-testimony Whether the district court erred in dismissing the case involving alleged adoption fraud and fraudulent testimony by a social worker that prevented th…
24-7243 Dieudruch Emmanuel v. United States Eleventh Circuit 2025-05-19 Denied Response WaivedIFP criminal-procedure extraordinary-circumstances marital-privilege prejudicial-evidence probative-value witness-testimony Whether the marital privilege warrants limiting the wife's testimony under extraordinary circumstances when failure to do so will allow highly prejudi…
24-7179 Jordash Tanksley v. Deshawn Jones, Warden Eleventh Circuit 2025-05-12 Denied IFP appellate-review constitutional-rights criminal-procedure due-process evidence-law witness-testimony Question not identified.
24-6957 Henry Pratt v. Pennsylvania Pennsylvania 2025-04-11 Denied IFP civil-suit evidence-suppression judicial-misconduct procedural-irregularity trial-court-error witness-testimony Whether the trial court erred by precluding Addie Brice's civil suit statement from evidence and improperly withholding crucial testimony
24-1069 In Re Symon Mandawala 2025-04-10 Denied due-process ex-parte-communication federal-civil-procedure full-faith-and-credit summary-judgment witness-testimony Whether a district court judge's deliberate disregard of available witnesses and limited response time violates due process and federal civil procedur…
24-6862 Brandon Durell Hardison v. United States Sixth Circuit 2025-03-26 Denied Response WaivedIFP conspiracy constitutional-rights criminal-procedure evidence-link murder-case witness-testimony Question not identified.
24-6726 Jason Krumback v. Amber Pirraglia, Acting Warden, et al. Eighth Circuit 2025-03-10 Denied Response WaivedRelisted (3)IFP court-jurisdiction habeas-corpus innocence-claim procedural-default sentencing-review witness-testimony Whether a pro se petitioner can challenge multiple procedural aspects of a habeas corpus petition and court proceedings
24-879 James Timothy Norman v. United States Eighth Circuit 2025-02-18 Denied Amici (1)Response Waived circuit-split evidentiary-standard federal-rule-evidence fifth-amendment state-of-mind-exception witness-testimony Whether the Eighth Circuit's interpretation of Federal Rule of Evidence 803(3) conflicts with other circuits' understanding and should be corrected by…
24-6558 Mauricio Gonzalez v. United States Eleventh Circuit 2025-02-13 Denied Response WaivedIFP criminal-procedure due-process eleventh-circuit judicial-notice statutory-interpretation witness-testimony Whether the Eleventh Circuit erred in multiple legal interpretations regarding statutory application and judicial procedure in a criminal case involvi…
24-6501 In Re Noel J. Bender 2025-02-07 Denied Response WaivedIFP criminal-conviction criminal-procedure domestic-abuse due-process residential-judgment witness-testimony Whether a defendant's domestic abuse assault conviction is valid when he was present with the victim at the victim's home after being previously acqui…
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 …
24-6390 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…
24-6310 Descart Austin Begay, Jr. v. United States Eighth Circuit 2025-01-15 Denied IFP circuit-split evidence-rule fabrication impeachment prior-consistent-statement witness-testimony Did the 2014 amendment to Rule 801(d)(1)(B) supplant this Court's decision in Tome to permit introduction of a declarant witness's prior consistent st…
24-5896 Matthew Myke v. Wisconsin Wisconsin 2024-11-01 Denied Response WaivedIFP character-evidence criminal-procedure ineffective-assistance sexual-assault trial-strategy witness-testimony Whether failure to advise an accused about testifying and developing character evidence constitutes ineffective assistance of counsel in a sexual assa…
24-5897 Justin Jermaine Johnson v. Stephen Duncan, Warden Fourth Circuit 2024-11-01 Denied IFP criminal-procedure due-process evidentiary-admission harmless-error mistrial witness-testimony Whether the admission of investigator testimony via Skype, pre-death victim photos, and denial of mistrial constitute harmless error or violate due pr…
24-5778 Akmal Narzikulov v. United States Second Circuit 2024-10-18 Denied Response WaivedIFP due-process fifth-amendment jury-reliability perjury reasonable-doubt witness-testimony Whether government witnesses committed perjury during trial that was so inherently contradictory and unreliable that no reasonable jury could conclude…
24-5509 James Rashad Clay v. Roy Odum, Warden Eleventh Circuit 2024-09-10 Denied Response WaivedIFP chain-of-custody constitutional-rights criminal-procedure due-process forensic-evidence witness-testimony Whether the November hair/shotgun residue report under Division of Forensic Sciences Case was properly handled and admitted as evidence
24-5510 Dawayne Rolin Walker v. Michigan Michigan 2024-09-10 Denied IFP constitutional-rights criminal-procedure due-process evidence judicial-procedure witness-testimony Question not identified.
24-5467 Joseph Miller v. Dan Redington Eighth Circuit 2024-09-05 Denied IFP constitutional-rights criminal-procedure due-process exculpatory-evidence prosecutorial-misconduct witness-testimony Whether the prosecution's failure to disclose exculpatory evidence violated the respondent's due process rights and constitutional protections
24-5401 Whitney Leigh Estep v. United States Fourth Circuit 2024-08-27 Denied Response WaivedIFP appellate-review criminal-procedure fifth-amendment fourth-circuit sentencing-discretion witness-testimony Whether the Fourth Circuit erred in denying Ms. Estep's arguments regarding a witness's Fifth Amendment objection and the district court's sentencing …
24-200 Hamett Diaz v. Pennsylvania, et al. Third Circuit 2024-08-22 Denied criminal-conviction due-process hearsay-testimony ineffective-assistance trial-counsel witness-testimony Whether the Third Circuit erred in failing to find that trial counsel provided ineffective assistance by not objecting to inadmissible hearsay testimo…
24-5291 Ethan Printemps-Herget v. Louis DeJoy, Postmaster General Ninth Circuit 2024-08-09 Denied Response WaivedRelisted (2)IFP constitutional-rights federal-court-procedure legal-representation pro-se-litigation summary-judgment witness-testimony Whether pro se litigants are entitled to full legal participation and representation in federal court proceedings despite limited legal knowledge
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…
24-5217 Sheldon Hannibal v. Laurel Harry, Secretary, Pennsylvania Department of Corrections, et al. Third Circuit 2024-08-02 Denied Response WaivedIFP brady-v-maryland brady-violation due-process evidence-suppression exculpatory-evidence kyles-v-whitley materiality materiality-standard prosecutorial-misconduct witness-testimony Whether the Third Circuit's Brady materiality test—under which suppressed evidence is immaterial if it contradicts the prosecution's trial evidence—co…
24-5073 Billy Hammonds v. Fredeane Artis, Warden Sixth Circuit 2024-07-15 Denied Response WaivedIFP burden-of-proof fair-trial-rights ineffective-assistance judicial-bias mistrial prosecutorial-misconduct trial-court-bias witness-testimony Ineffective-assistance-of-counsel
23-7810 Odell Calvin, aka Julius Jones v. Illinois Illinois 2024-06-26 Denied IFP civil-procedure civil-rights constitutional-rights criminal-procedure due-process evidence-fabrication habeas-corpus standing state-conviction takings witness-testimony Question not identified.
23-7777 Robert King Via, Jr. v. Chadwick Dotson, Director, Virginia Department of Corrections Fourth Circuit 2024-06-21 Denied Response WaivedIFP 6th-amendment accomplice-testimony constitutional-law criminal-procedure criminal-rights due-process evidence exculpatory-evidence witness-testimony Does the uncorroborated testimony of alleged accomplices outweigh a defendant's 6th Amendment right to present evidence in his favor?
23-7739 Cary Joseph Heath v. Texas Texas 2024-06-17 Denied Response WaivedIFP civil-rights constitutional-rights criminal-procedure due-process exculpatory-evidence ineffective-assistance ineffective-assistance-of-counsel involuntary-intoxication new-trial trial-fairness witness-testimony Whether the petitioner is responsible for the deaths of the victims, given the testimony of the forensic psychologist that the petitioner was drugged …
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?
23-7669 Anthony Bender, Jr. v. United States Seventh Circuit 2024-06-07 Denied Response WaivedIFP brady-violation burden-of-proof criminal-procedure due-process evidence evidence-sufficiency police-testimony prosecutorial-misconduct reasonable-sentence witness-testimony whether-the-government's-failure-to-disclose-the-dash-camera-video-constituted-a-brady-violation
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…
23-7605 Rodrigo Alvarez-Quinonez v. United States Ninth Circuit 2024-05-31 Denied Response RequestedResponse WaivedRelisted (2)IFP circuit-court-split federal-rule-of-evidence federal-rules-of-evidence harmless-error jury-factfinding-role law-enforcement-witness law-enforcement-witnesses lay-opinion-testimony percipient-knowledge witness-testimony Whether law enforcement agent testimony under Federal Rule of Evidence 701 based on overall investigation knowledge is permissible
23-7581 Glenn D. Odom, II v. Scott Jordan, Warden Sixth Circuit 2024-05-29 Denied Response WaivedIFP conflict-counsel conflict-of-counsel constitutional-rights criminal-procedure criminal-rights due-process jury jury-questioning pro-se-defense waiver witness witness-testimony Does a criminal defendant have a constitutional right to fully present himself / herself as a witness
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
23-7257 Gavin G. Brown v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2024-04-18 Denied IFP criminal-procedure ineffective-assistance ineffective-assistance-of-counsel judicial-notice premeditated-murder self-defense use-of-force witness-testimony Whether the jury used unreasonable facts to prove a premeditated design
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…
23-6952 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?
23-6887 Brenda B. v. Tennessee Department of Children's Services Tennessee 2024-03-04 Denied Response WaivedIFP 6th-amendment confrontation-clause confrontation-rights criminal-procedure due-process evidence evidence-credibility hearsay-rules witness-credibility witness-testimony Do I have a right to confront alleged witnesses?
23-6809 Warren Lee Mackey v. United States Eighth Circuit 2024-02-22 Denied Response WaivedIFP appellate-review circuit-split criminal-procedure due-process evidence harmless-error judicial-precedent prejudice prejudice-standard trial-testimony witness-bolstering witness-testimony Whether this Court should adopt a test that vacates a conviction where there is a 'reasonable probability' that improper bolstering or vouching testim…
23-6789 Randolph Maya v. Florida Florida 2024-02-20 Denied Response WaivedIFP evidence grand-jury grand-jury-testimony impeachment impeachment-evidence jury-instructions prior-inconsistent-statement substantive-evidence witness witness-testimony Can a party knowingly call a witness it expects to testify contrary to previous statements in order for those statements to entered as substantive evi…
23-6730 Bryant Calloway v. United States Third Circuit 2024-02-13 Denied Response WaivedIFP appellate-jurisdiction criminal-procedure due-process fair-trial grand-jury ineffective-assistance-of-counsel judicial-review material-evidence prosecutorial-misconduct witness-credibility witness-testimony Whether the fundamental fairness of the criminal trial was violated by the district court's denial of the petitioner's motion to dismiss the indictmen…
23-6741 Gerardo Ortiz v. Jeff Macomber, Secretary, California Department of Corrections and Rehabilitation Ninth Circuit 2024-02-13 Denied Response WaivedIFP confrontation-clause due-process fair-trial fundamental-fairness habeas-corpus prosecutorial-misconduct right-to-confront witness-testimony Did the Ninth Circuit err in refusing to apply clearly established Confrontation Clause precedent and assess whether the prosecutor's affirmative misa…
23-6711 Ronnie Collins, Jr. v. United States Fifth Circuit 2024-02-09 Denied Response WaivedIFP confrontation-clause constitutional-rights criminal-procedure cross-examination due-process evidence harmful-error harmless-error witness-testimony Whether the limits placed on Collins's right to cross-examine the central witness against him constituted harmful error
23-6585 Arnulfo Fagot-Maximo v. United States Fourth Circuit 2024-01-26 Denied Response WaivedIFP appellate-review certificate-of-appealability criminal-procedure district-court due-process fourth-circuit government-vouching habeas-corpus witness-testimony Should a writ of certiorari be granted since the Fourth Circuit Court of Appeals erred in not granting a Certificate of Appealability
23-6588 Aaron Ramirez Espinoza v. United States Ninth Circuit 2024-01-26 Denied Response WaivedIFP co-conspirator conspiracy criminal-evidence criminal-law due-process evidence government-informant sufficiency-of-evidence testimony witness-testimony Whether a government informant and co-conspirators testimony of another's involvement in the conspiracy is sufficient evidence to sustain a conviction…
23-6556 Robert Thrasher v. Georgia Georgia 2024-01-24 Denied Response WaivedIFP court-procedure due-process grand-jury indictment legal-record statutory-oath subject-matter-jurisdiction void-conviction witness-testimony Where there is no record of any part of a court proceeding, the grand jury proceedings, this means there was never a grand jury proceeding, correct?
23-6530 Joseph Brodie v. United States Third Circuit 2024-01-23 Denied Response WaivedIFP 5th-amendment civil-rights constitutional-rights due-process fifth-amendment-rights medical-records-alteration obstruction-of-justice rules-of-professional-conduct search-and-seizure witness-testimony Does the disclosure of altered, modified, and deleted federal veterans affairs medical records constitute a deprivation of constitutional right to tru…
23-6468 Omar A. Rahman v. Pennsylvania Pennsylvania 2024-01-11 Denied Response WaivedIFP constitutional-provisions criminal-procedure due-process evidence pennsylvania-superior-court right-to-counsel right-to-defense search-and-seizure suppression-of-evidence unlawful-arrest witness-testimony Whether the Pennsylvania Superior Court's decision conflicts with the decisions of the United States Court of Appeals and other Pennsylvania Superior …
23-6386 Michael Andrew King, Jr. v. United States Fourth Circuit 2023-12-28 Denied Response WaivedIFP appellate-review credibility-determination criminal-procedure due-process due-process-rights evidence jury-instructions jury-trial mask-obstruction witness-credibility witness-testimony Whether an appellate court's traditional deference to credibility determinations made by jurors in returning a guilty verdict should give way where th…
23-6350 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…
23-6323 Ryan F. Duncan v. Florida Florida 2023-12-21 Denied IFP constitutional-rights criminal-procedure due-process identification-evidence mandatory-minimum parole photo-array plea-bargaining sentencing witness-testimony Does a criminal court deprive a defendant of due process by accepting a guilty plea without informing them about a mandatory term of parole as a requi…
23-6307 Veronica McCluskey v. William Hendricks, et al. California 2023-12-20 Denied Response WaivedIFP civil-procedure cross-examination due-process fair-hearing jury-trial legal-conduct reversible-error standing trial-court witness-testimony whether-the-trial-court-committed-reversible-error-in-not-granting-respondent-a-jury-trial
23-641 Daisy Miller v. United States Eleventh Circuit 2023-12-14 Denied Response Waived constitutional-rights criminal-defense criminal-procedure due-process independent-investigation ineffective-assistance ineffective-assistance-of-counsel investigation-failure trial-counsel witness-testimony Whether trial counsel's near total reliance on the defendant's characterization of proposed defense witnesses' testimony, and the failure to conduct m…
23-485 Jesus Arley Munera-Gomez v. United States First Circuit 2023-11-08 Denied compulsory-process constitutional-rights due-process entrapment entrapment-defense government-misconduct prosecutorial-discretion self-incrimination use-immunity witness-immunity witness-testimony Whether a defendant is constitutionally entitled to obtain use immunity for a witness
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…
23-406 Taylor J. Matson v. United States Ninth Circuit 2023-10-18 Denied Response Waived case-agent criminal-procedure evidence evidence-summary jury-inference jury-instructions lay-opinion lay-witness-testimony legal-interpretation plain-language-interpretation summary-of-evidence witness-testimony Whether case agents may offer lay opinions summarizing evidence, interpreting plain language, and drawing inferences from evidence that only a jury ma…
23-5741 Hewitt A. Grant, II v. Ricky D. Dixon, Secretary, Florida Department of Corrections Florida 2023-10-10 Denied Response WaivedRelisted (2)IFP 4th-amendment civil-rights confrontation-clause constitutional-law constitutional-rights criminal-procedure due-process federal-prosecution jurisdiction standing witness-testimony Whether the District Court erred in denying the same 4th Amendment protection of legal intrusion as the initial entry question
23-5349 Elbert Johnson v. Florida Florida 2023-08-14 Denied IFP conflict-of-interest due-process illegal-sentence judicial-bias judicial-conflict legal-error manifest-injustice sentencing trial-court witness-testimony Whether a circuit court judge's dual role as a witness and sentencer in the same case creates a conflict and reversible error when the judge imposes a…
23-5199 Duron B. Peoples v. Mark Garman, Superintendent, State Correctional Institution at Rockview, et al. Third Circuit 2023-07-26 Denied IFP compulsory-process criminal-procedure due-process federal-courts hearsay-exception ineffective-assistance ineffective-counsel murder-conspiracy witness-testimony witness-unavailability Is federal due process violated where a federal court concludes that a petitioner's counsel ineffective claim lacks merit because petitioner did not s…
23-5158 Martice Deshawn Wallace v. Ryan Thornell, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. Ninth Circuit 2023-07-20 Denied Response WaivedIFP constitutional-law criminal-procedure due-process federal-jurisdiction fourteenth-amendment fourth-amendment habeas-corpus suppression-of-evidence witness-testimony Whether the suppression of a witness' testimony violates the defendant's due process rights under the Fourteenth Amendment
23-5105 Russell Garvis Griffith, Jr. v. United States Tenth Circuit 2023-07-14 Denied IFP child-abuse circuit-split evidence-rule-803(4) hearsay hearsay-exception household-abuse medical-diagnosis medical-treatment rule-803(4) witness-testimony Whether a party seeking to admit an out-of-court statement pursuant to Rule 803(4) must show that the speaker subjectively knew that the identity of t…
23-5019 Kevin Y. Jin, et al. v. Rafael Velasquez, et al. Ninth Circuit 2023-07-03 Denied Response WaivedRelisted (2)IFP arbitration arbitration-dispute car-accident-injury civil-procedure civil-rights document-falsification due-process insurance-bad-faith medical-evidence standing witness-testimony Question Presented
22-7905 Tikisha Upshaw v. California California 2023-06-29 Denied IFP cell-phone-location co-defendant criminal-procedure due-process evidence-admissibility expert-witness fair-trial jury-instructions police-testimony scientific-reliability witness-testimony Can a court allow unsupported opinion evidence from a police officer, who does not hold a higher science-engineering degree, about a novel cell phone …
22-7793 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
22-7641 Carl Dean Wyatt, Jr. v. Steven Harpe, Director, Oklahoma Department of Corrections Tenth Circuit 2023-05-25 Denied IFP criminal-procedure discovery dna-testing due-process ineffective-assistance plea-bargaining post-conviction-relief prosecutorial-misconduct witness-testimony Is it proper for the prosecution to withhold the fact that a deal has been made with the witness for their testimony against a defendant
22-7542 Wilber Curtis Johnson v. Texas Texas 2023-05-12 Denied IFP confrontation-clause constitutional-rights criminal-procedure due-process evidence federal-constitution sexual-assault texas-constitution trial-procedure witness-testimony Whether testimony can be sufficient to render harmless any error in admitting additional testimony as evidence, when trial counsel objected to testimo…
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
22-7501 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…
22-1075 James E. Hinkle v. Ron Neal, Warden Seventh Circuit 2023-05-04 Denied Response Waived 6th-amendment confrontation-clause criminal-procedure due-process evidence federal-precedent impeachment impeachment-evidence witness-testimony Whether the right to confrontation was denied
22-7466 Richard Eugene Glossip v. Oklahoma Oklahoma 2023-05-04 Judgment Issued Amici (18)Relisted (12)IFP brady-v-maryland brady-violation capital-punishment due-process evidence-suppression false-testimony kyles-v-whitley materiality napue-v-illinois prosecutorial-misconduct witness-testimony whether-the-state's-suppression-of-the-key-prosecution-witness's-admission-he-was-under-the-care-of-a-psychiatrist-and-failure-to-correct-that-witness…
22-7337 Toforest Onesha Johnson v. Alabama Alabama 2023-04-20 Denied Amici (2)IFP brady-v-maryland brady-violation capital-murder death-penalty post-conviction-proceedings post-conviction-relief prosecutorial-misconduct reward-payment suppressed-evidence witness-testimony Did the State suppress evidence under Brady in the extraordinary circumstances of this death penalty case?
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
22-7075 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
22-855 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…
22-6920 Ogerta Helena Hartwein v. Missouri Missouri 2023-03-03 Denied IFP civil-rights confrontation-clause criminal-procedure custody domestic-violence due-process forfeiture forfeiture-by-wrongdoing intent witness-testimony Whether the Court of Appeals erred in affirming the conviction of the defendant for violating a court order when the defendant had not seen and was no…
22-798 William Michael Crothers v. Wyoming Wyoming 2023-02-23 Denied Response Waived brady-v-maryland brady-violation criminal-procedure due-process exculpatory-evidence impeachment-material prosecutorial-misconduct witness-credibility witness-testimony Whether the prosecutor's failure to disclose a promise of non-prosecution to eyewitness testimony violates the Brady rule
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?
22-777 William E. Henry v. Steven T. Marshall, Attorney General of Alabama Eleventh Circuit 2023-02-17 Denied Response Waived butterworth-precedent compelled-speech constitutional-law first-amendment free-speech grand-jury grand-jury-secrecy prior-restraint secrecy witness-testimony Whether Alabama's Grand Jury Secrecy Act restricts a grand jury witness's public disclosure of their own testimony — including information known to th…
22-678 Keming Lu v. Northern Utah Healthcare Corporation, dba St. Mark's Hospital Utah 2023-01-23 Denied Response WaivedRelisted (2) 14th-amendment 5th-amendment 7th-amendment amendment-rights civil-rights constitutional-rights due-process labor-commission trial-de-novo witness-testimony workplace-termination Did Petitioner's constitutional rights under the 5th and 7th amendments to testify for herself and due process under the 14th amendment get violated w…
22-615 Estate of Eric Jack Logan v. City of South Bend, Indiana, et al. Seventh Circuit 2023-01-05 Denied circuit-split civil-rights credibility credibility-challenge due-process legal-procedure police-shooting summary-judgment witness witness-testimony Whether a party may successfully oppose summary judgment by challenging the credibility of the movant, especially when the movant is the only living w…
22-6465 Jess Richard Smith v. Washington Washington 2023-01-05 Denied Response WaivedIFP confrontation-clause constitutional-rights criminal-procedure cross-examination due-process federal-law jurisdiction post-conviction state-court stay witness-testimony Whether the state court has decided an important question of federal law under the Due Process Clause of the United States Constitution
22-6442 Brennan Thomas Baker v. Wyoming Wyoming 2023-01-04 Denied Response WaivedIFP abuse-of-discretion cell-phone-recording criminal-evidence criminal-procedure due-process evidence evidentiary-abuse-of-discretion fourth-amendment legal-admissibility surveillance surveillance-footage witness-testimony Did the district court abuse its discretion in admitting the state's cell phone recording of surveillance footage?
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 …
22-6292 Ryan L. Bessert v. Wisconsin Wisconsin 2022-12-13 Denied Response WaivedIFP 6th-amendment confrontation-clause constitutional-interpretation crawford-precedent crawford-v-washington criminal-procedure due-process maryland-v-craig ohio-v-roberts two-way-video witness-testimony Does testimony taken using two-way video violate the Confrontation Clause?
22-6209 Mayeli Molina v. United States Fifth Circuit 2022-12-02 Denied Response WaivedIFP civil-rights criminal-procedure criminal-trial dual-role-witnesses due-process expert-testimony jury-instructions sentencing sentencing-standards substantial-rights witness-testimony Whether Molina's substantial rights were affected by dual-role testimony
22-6159 Jeffrey Morris v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2022-11-29 Denied IFP actual-innocence appellate-review constitutional-rights criminal-procedure due-process evidentiary-hearing post-conviction recantation witness-testimony Does the State of Florida violate a defendant's due process and/or constitutional rights in post-conviction proceedings for full development, presenta…
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…
22-6162 Donald Lee Scott v. Arizona Arizona 2022-11-29 Denied Response WaivedIFP burden-of-proof constitutional-rights criminal-procedure due-process pre-accusation-delay prejudice prosecutorial-delay prosecutorial-discretion statute-of-limitations witness-testimony What is the proper standard for evaluating pre-accusation delay?
22-6136 Juan Martin Figueroa v. W. L. Montgomery, Warden Ninth Circuit 2022-11-22 Denied Response WaivedIFP brady-violation compulsory-process due-process ethical-standards fair-trial habeas-corpus prosecutorial-misconduct witness-testimony whether-the-prosecutor-deprived-figueroa-of-due-process-compulsory-process-and-a-fair-trial
22-450 Gregory Shields, Sr. v. Kentucky Kentucky 2022-11-15 Denied Amici (3)Response RequestedResponse WaivedRelisted (2) confrontation-clause constitutional-standard crawford-v-washington cross-examination due-process preliminary-hearing state-court-division state-court-split witness-testimony When, if ever, does a preliminary hearing provide an 'adequate opportunity' for cross-examination under the Confrontation Clause?
22-6033 Daniel A. Schillinger v. Josh Kiley, et al. Seventh Circuit 2022-11-09 Denied IFP allow complaint amendment and exclude witnesses violates a prisoner's due p administrative-procedure civil-rights disciplinary-proceedings due-process institutional-safety prison prison-disciplinary-proceedings witness witness-testimony Whether the DOC prison failed to provide the petitioner with a copy of the video tape of the assault, whether the petitioner was denied the opportunit…
22-6016 Sheila Gray v. City of Detroit, Michigan Sixth Circuit 2022-11-08 Denied IFP civil-procedure court-discretion judicial-error jury-verdict overturning-verdict standard-of-review substantial-evidence trial-evidence trial-procedure weight-of-evidence witness-testimony Whether Appellant presents substantial evidence that the unanimous jury verdict goes against the great weight of the evidence presented at trial 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
22-421 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…
22-5974 Draco Aurum Rat v. Mark Brnovich, Attorney General of Arizona, et al. Ninth Circuit 2022-11-02 Denied IFP constitutional-rights due-process evidence-suppression evidentiary-issues fair-trial prosecutorial-misconduct witness-testimony Whether a prosecutor who misrepresents witness testimony, asks false leading questions, and solicits false testimony has committed a fundamental error…
22-5875 Bryan Protho v. United States Seventh Circuit 2022-10-21 Denied Response WaivedIFP 18-usc-3509 child-victim closed-circuit-testimony criminal-procedure district-court district-court-procedure statutory-interpretation testimony two-way-closed-circuit-television witness-testimony Whether 18 U.S.C. § 3509 requires a district court to question a child victim on the record before introducing the child victim's testimony at trial v…
22-5826 Alonzo Peters v. United States Fifth Circuit 2022-10-14 Denied Response WaivedIFP brady-materiality brady-v-maryland conspiracy criminal-law criminal-procedure drug-trafficking due-process fifth-circuit kyles-v-whitley suppressed-evidence witness-testimony Whether a defendant's convictions for conspiracy and drug trafficking conspiracy must be vacated
22-5719 Shannon Dewayne Reece v. Texas Texas 2022-09-29 Denied IFP aggravated-robbery criminal-conviction double-jeopardy due-process ineffective-assistance ineffective-assistance-of-counsel jury-instructions prosecutorial-misconduct state-court-precedent witness-testimony Can a person be convicted of an offense even after the victim testifies that the defendant is not the person that assaulted or robbed them?
22-5663 Danny Terron Roney v. United States Fourth Circuit 2022-09-22 Denied Response WaivedIFP civil-procedure civil-rights constitutional-interpretation contract-rights due-process legal-procedure property sovereign-rights standing takings witness-testimony Who owns the Dollar General Stores corporation?
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…
22-5560 Tyrone Learone McCurdy v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2022-09-13 Denied IFP brady-disclosure brady-violation criminal-procedure due-process perjury prosecutorial-misconduct right-to-fair-trial witness-tampering witness-testimony Has the prosecutor suborned perjury?
22-5492 William Wallace v. Florida Commission on Offender Review Eleventh Circuit 2022-09-01 Denied Response WaivedIFP civil-rights criminal-conviction criminal-procedure due-process evidence evidentiary-sufficiency judicial-review reasonable-doubt sentencing standing witness-testimony Where there has never been any conviction
22-5475 Merlin Williams v. Burl Cain, Warden Fifth Circuit 2022-08-30 Denied Response WaivedIFP circumstantial-evidence civil-rights constitutional-rights criminal-procedure due-process equal-protection habeas-corpus ineffective-assistance-of-counsel prosecutorial-misconduct witness-testimony wrongful-conviction Whether the Supreme Court of the United States should review the issues presented
22-5463 Rahmael Sal Holt v. Pennsylvania Pennsylvania 2022-08-29 Denied IFP adequate brady-claim default-ruling due-process federal-law federal-review independent jurisdiction jurisdictional-challenge prosecutorial-misconduct witness-testimony Does the United States Supreme Court have jurisdiction to hear Petitioner's Brady claim because the Supreme Court of Pennsylvania's default ruling was…
22-5412 Clifton Lee Tribble v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2022-08-22 Denied Relisted (2)IFP civil-rights constitutional-rights criminal-procedure due-process evidence-collection habeas-corpus judicial-review police-procedure standing witness-testimony Whether an increase in a defendant's authorized punishment based solely on the findings of a court, no matter how they label the fact, must be found b…
22-5350 Randolph J. Norwood v. Florida Florida 2022-08-16 Denied Response WaivedIFP confrontation-clause constitutional-rights criminal-procedure due-process evidence fatal-variance trial-integrity victim-identification witness-testimony Whether a fatal variance and due process violation occurs when a state charges a defendant with a crime against a specific individual but presents a d…
22-5117 Wade Robertson v. Committee on Grievances for the United States District Court for the District of Columbia District of Columbia 2022-07-18 Denied Response WaivedIFP administrative-proceedings confrontation confrontation-clause constitutional-rights cross-examination due-process professional-license professional-licensing quasi-criminal witness-testimony Does the Federal Constitution secure to the holder of a professional license, such as an attorney, the right to confront and cross-examine adverse wit…
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…
22-5072 Basil Bey v. United States Third Circuit 2022-07-12 Denied Response WaivedIFP criminal-procedure criminal-trial due-process evidence-rule-701 evidentiary-standards federal-rules-of-evidence law-enforcement-testimony opinion-evidence uniform-standards witness-testimony Whether this Court should set limits on what law enforcement testimony should be admitted as opinion evidence under Federal Rule of Evidence 701
22-5080 Jacky Cardale Mayfield v. Oklahoma Oklahoma 2022-07-12 Denied IFP confidential-witness due-process Fourth-Amendment Fourth-Amendment-search In-camera-hearing ineffective-counsel Probable-cause search-warrant Shackling Witness-testimony Fourth-Amendment,Fourth-Amendment-search,Probable-cause,Witness-testimony,In-camera-hearing,Shackling,Eyewitness-identification,Ineffective-assistance…
22-5046 James R. Butler v. Florida Florida 2022-07-07 Denied Response WaivedRelisted (2)IFP confrontation-clause constitutional-rights criminal-procedure due-process foreign-witness oath oath-validity witness-testimony Whether the oath of a State's witness is valid in a criminal proceeding when the witness is testifying from a foreign country by video-satellite trans…
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
21-8128 Duane Williams v. United States Fifth Circuit 2022-06-14 Denied Response WaivedIFP confrontation-clause confrontation-right criminal-procedure due-process evidentiary-standard mandatory-conditions revocation-hearing standard-conditions supervised-release witness-testimony Whether the district court erred by revoking Mr. Williams' supervised-release-status-and-returning-him-to-prison
21-8068 John Burke v. United States Second Circuit 2022-06-06 Denied Response WaivedIFP conflict-of-interest criminal-defense due-process ineffective-assistance ineffective-assistance-of-counsel rico-case right-to-testify withdrawal-defense witness-testimony Should an attorney afraid of their client be allowed to represent the client without the client's knowledge?
21-8003 Loretta Jean Alford v. Merit Systems Protection Board Federal Circuit 2022-05-31 Denied Response WaivedIFP administrative-judge administrative-procedure civil-rights due-process hearing hearing-request merit-systems-protection-board standing witness witness-testimony Did the Merit Systems Protection Board violate Petitioner's civil-rights, due-process, hearing, witness, administrative-procedure
21-7856 William Garrido v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2022-05-13 Denied IFP confrontation-clause constitutional-rights criminal-procedure due-process prosecutorial-conduct prosecutorial-misconduct read-back-testimony right-to-fair-trial witness-testimony Whether a trial court violates a criminal defendant's constitutional right to due process of law by permitting a prosecutor to introduce previous unre…
21-7758 Donald W. Estell v. United States Eighth Circuit 2022-05-02 Denied Response WaivedIFP due-process false-testimony guilty-plea napue-rule napue-v-illinois narcotics-influence plea-bargaining right-to-testify sentencing witness-testimony Should this court apply the Napue due process for a defendant who pleads guilty?
21-7567 Cornell Devore Rhymes v. United States Fourth Circuit 2022-04-06 Denied Response WaivedIFP 6th-amendment confrontation-clause constitutional-confrontation credibility criminal-defendant-rights evidence-rule-412 federal-rule-of-evidence-412 prior-sexual-history sex-trafficking witness-testimony Does a court violate a defendant's constitutional right to confront witnesses against him when, the court relies on Federal Rule of Evidence 412 to pr…
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
21-7487 Dion Fisher v. United States Eleventh Circuit 2022-03-29 Denied Response WaivedIFP 4th-amendment criminal-procedure discovery district-court-order evidentiary-ruling harmless-error motion-to-suppress suppression-hearing trial-witness-list witness-disclosure witness-testimony Whether petitioner is entitled to a new trial based on the district court's order denying his motion to suppress
21-7427 William Gregory Snow v. Illinois Illinois 2022-03-22 Denied Response WaivedIFP constitutional-law constitutional-rights due-process evidence-rule excited-utterance hearsay hearsay-exception impeachment prior-consistent-statements witness-testimony Whether the Third District Appellate Court of Illinois' ruling unconstitutionally expanded the scope of the excited utterance exception to hearsay as …
21-7370 Dante Leon Milon v. Tim Hooper, Warden Fifth Circuit 2022-03-15 Denied Response WaivedIFP confrontation-clause due-process fair-trial impartial-jury ineffective-counsel judicial-misconduct jury-misconduct mistrial recusal trial-errors witness-testimony Question not identified
21-7305 Steven Bryant v. Shawn Emmons, Warden Georgia 2022-03-08 Denied Response WaivedIFP criminal-procedure false-testimony habeas-corpus ineffective-assistance plea-deal prosecutorial-misconduct strickland-standard strickland-v-washington witness-testimony Where the state's only eyewitness and linchpin of its case, the co-defendant, struck a deal whereby she would plead to a lesser offense and testify ag…
21-7286 Andrew J. Johnston v. Frances Ward, et al. Seventh Circuit 2022-03-07 Dismissed IFP bivens-action civil-procedure civil-rights due-process judicial-misconduct recusal-request standing transcript trial-transcript witness-testimony Whether the petitioner's due process rights were violated by the omission of material testimony from the trial transcript
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
21-7117 Frederick Allen v. United States Fifth Circuit 2022-02-15 Denied Response WaivedIFP civil-rights constitutional-rights due-process effective-assistance-of-counsel government-misconduct ineffective-assistance-of-counsel judicial-misconduct judicial-misrepresentation plagiarism witness-testimony Was Frederick Muse's constitutional right to due process violated when the district court plagiarized a 31-count word-for-word/comma-for-comma misrepr…
21-1129 Wen-Ting Zheng-Smith v. Nassau Health Care Corporation, dba NUHealth System, et al. Second Circuit 2022-02-15 Denied Response Waived academic-reviews attorney attorney-conduct civil-procedure court-discretion evidence evidence-submission government-findings judicial-procedure legal-evidence witness-statements witness-testimony Can evidence presented by defendant's attorney on behalf of plaintiff be updated to include missing information?
21-7048 Christopher Gerken v. Illinois Illinois 2022-02-03 Denied IFP constitutional-rights courtroom-procedure due-process emotional-display fair-trial free-press motion-in-limine prejudicial-evidence prosecutorial-misconduct witness-testimony Was Christopher Gecen's constitutional right to a fair trial violated when a pre-read newspaper article containing information barred from trial had a…
21-7018 Jose Fuentes v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2022-02-01 Denied IFP character-evidence criminal-procedure deposition due-process ineffective-assistance ineffective-assistance-of-counsel insanity-defense medical-records subpoena trial-counsel witness-testimony Was counsel's failure to subpoena an important witness considered ineffective assistance of trial counsel?
21-6860 Lanny Jay Lyerla, Jr. v. United States Fifth Circuit 2022-01-14 Denied Response WaivedIFP appellate-review civil-procedure constitutional-law court-correction due-process harmless-error judicial-error manifest-injustice plain-error procedural-fairness witness-testimony When an action of the court causes a harmless error to become plain error, is there due process for the defendant to apply to the court?
21-6877 Alisha Dawn Aldridge v. Texas Texas 2022-01-14 Denied IFP civil-rights criminal-procedure due-process independent-investigation ineffective-counsel witness-testimony Did Counsel fully Advocate for his Client?
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…
21-6751 Rudy Mendoza v. United States Third Circuit 2022-01-04 Denied Response WaivedIFP criminal-procedure defendant-rights deportation due-process material-evidence materiality victim witness witness-testimony Whether the government must provide notice to a defendant prior to unilaterally deporting the sole witness and sole alleged victim of a pending crimin…
21-945 Wisconsin v. Manuel Garcia Wisconsin 2021-12-27 Denied confession criminal-confession criminal-procedure cross-examination due-process evidence-exclusion fifth-amendment miranda-warning miranda-warnings misleading-jury witness-testimony Can a criminal defendant's cross-examination of a witness for the State, designed to mislead the jury, open the door to the introduction of the defend…
21-6694 Lawrence S. Brantley, Jr. v. Texas Department of Family and Protective Services Texas 2021-12-22 Denied Relisted (2)IFP abuse-of-discretion clear-and-convincing Colorado-v-New-Mexico due-process evidence-standard legal-precedent parental-rights trial-court-discretion witness-testimony Did the trial court abuse its discretion by allowing a witness with no firsthand knowledge to testify, conflicting with Oakley v. State?
21-6635 Larry Alonzo Gibbs, Jr. v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2021-12-16 Denied IFP confrontation-clause constitutional-rights criminal-procedure cross-examination due-process hearsay hearsay-evidence relevance reliability witness-testimony Does the State of Florida violate a defendant's right to confront witnesses when they allow the State to introduce evidence that a minor vt suffered f…
21-6638 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
21-6593 Murray Hooper v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry Ninth Circuit 2021-12-15 Denied IFP 28-usc-2254 clearly-established clearly-established-law evidence-suppression federal-law greene-v-fisher habeas-corpus prosecutorial-misconduct state-court supreme-court-review united-states-v-bagley witness-testimony Whether the state court decision by which 'clearly established federal law' is measured is rendered when the state court issues its mandate
21-6620 Tormu Prall v. Andrew J. Bruck, Acting Attorney General of New Jersey, et al. Third Circuit 2021-12-15 Denied Response WaivedIFP chain-of-custody criminal-procedure due-process evidence evidence-tampering fundamental-fairness prosecutorial-misconduct witness-testimony Whether the steps the petitioner proposed for regaining access to those letters are a 'watershed rule implicating the fundamental fairness and accurac…
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…
21-6519 Jesse Driskill v. Missouri Missouri 2021-12-06 Denied IFP brady-violation brady-violations constitutional-claims constitutional-review due-process evidence-destruction factual-findings independent-review prosecutorial-misconduct state-misconduct witness-testimony Whether Missouri's verbatim adoption of the prosecution's factually deficient findings without independent review fails to provide adequate due proces…
21-6041 Eric Benson Skeens v. Indiana Indiana 2021-10-21 Denied Response WaivedIFP civil-rights criminal-misconduct due-process evidence-suppression fair-trial judicial-bias prosecutorial-misconduct state-court-procedure witness-testimony Whether the state courts erred when they allowed the state and its agents to tamper with, suppress, and withhold evidence favorable to the petitioner,…
21-5943 Brandon Ward v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2021-10-12 Denied IFP 28-usc-2253 appellate-counsel certificate-of-appealability character-evidence ineffective-assistance ineffective-assistance-of-counsel trial-counsel use-of-force witness-testimony Whether the court of appeals improperly denied the Petitioner a certificate of appealability under 28 U.S.C. § 2253(c)
21-5807 Christian Estrada Comacho v. Nebraska Nebraska 2021-09-29 Denied Response WaivedIFP confrontation-clause covid-19 covid-19-exception criminal-procedure cross-examination due-process interpreter-testimony two-way-video video-testimony witness-demeanor witness-testimony Did the district court err in allowing testimony via two-way interactive video over confrontation objections due to witness' COVID-19 concerns?
21-5803 Joseph Wayne Attaway, II v. United States Ninth Circuit 2021-09-28 Denied Response WaivedIFP anti-gang due-process fair-trial inflammatory-inference law-enforcement prejudice street-gangs witness-testimony Whether Petitioner was denied his due process right to a fair trial
21-5751 Charles Elmer Kovary v. Willis Chapman, Warden Sixth Circuit 2021-09-22 Denied Response WaivedIFP alibi-witness constitutional-rights criminal-procedure dna-evidence due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel post-conviction-relief trial-counsel witness-testimony Was Appellate Counsel Ineffective for Failing to Raise Certain Claims?
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 …
21-5648 O. B. Davis, Jr. v. Johnny Sumlin, Warden Fifth Circuit 2021-09-10 Denied IFP constitutional-rights criminal-procedure cruel-and-unusual-punishment due-process habeas-corpus ineffective-assistance-of-counsel nolo-contendere prosecutorial-misconduct supreme-court-review witness-testimony Whether the Court's adjudication of this case ensue from a decision that was to, or involve an unreasonable application of, clearly established law as…
21-5553 F. Daly v. Maine Maine 2021-09-03 Denied Response WaivedIFP beyond-reasonable-doubt boyde-v-california burden-of-proof constitutional-standard criminal-procedure due-process jury-instructions standard-of-proof sullivan-v-louisiana witness-testimony Whether the jury instruction misdescribes the standard of proof, resulting in a reasonable likelihood of unconstitutional application
21-5570 Richard Boyle v. United States Third Circuit 2021-09-02 Denied Response WaivedIFP circuit-court due-process evidence-admission federal-rules-of-evidence prior-convictions stare-decisis undue-prejudice witness-testimony Whether the federal courts are free to withdraw the protection from undue prejudice which emanates from the required four-step process as set forth in…
21-5370 Martha Aguirre v. United States Second Circuit 2021-08-16 Denied Response WaivedIFP due-process government-misconduct grand-jury material-misrepresentation material-testimony narcotics-conspiracy perjury prosecutorial-misconduct witness-testimony Whether the Due Process Clause is violated when the only witness for the Government linking the appellant to a narcotics conspiracy commits perjury in…
21-5366 Abram K. Sollman v. Nebraska Nebraska 2021-08-13 Denied Response WaivedIFP confrontation-clause constitutional-rights criminal-procedure double-jeopardy due-process eighth-amendment fifth-amendment fourteenth-amendment hearsay-evidence witness-testimony whether-the-nebraska-courts-reliance-on-witness-statements-induced-erroneous-or-prejudicial-hearsay-evidence
21-5308 Calvin B. Lynch v. Mark Garman, Superintendent, State Correctional Institution at Rockview, et al. Third Circuit 2021-08-05 Denied IFP civil-rights constitutional-rights criminal-procedure double-jeopardy due-process federal-law statutory-interpretation witness-intimidation witness-testimony Is petitioner entitled to the Pennsylvania courts' clarifying interpretation of the witness intimidation statute, Pa.C.S.A.§4952, under which petition…
21-5273 Jerry L. Wheeler v. Randall Hepp, Warden Seventh Circuit 2021-08-02 Denied IFP civil-rights constitutional-rights criminal-procedure defense-strategy due-process fair-trial prosecutorial-misconduct right-to-counsel right-to-notice trial-counsel witness-testimony Ineffective-assistance-of-counsel
21-5255 Nathaniel B. Appleby-El v. Maryland Maryland 2021-07-30 Denied Response WaivedIFP confrontation-clause constitutional-rights criminal-procedure cross-examination due-process evidence evidence-admission right-to-counsel witness-testimony Whether the use of transcripts denied the defendant's right of confrontation
21-114 John A. Clifford v. New York New York 2021-07-28 Denied Response Waived 2nd-amendment appellate-review civil-immunity civil-procedure civil-rights due-process federal-civil-case jury-deliberation second-amendment standing witness-testimony Does the 2nd Amendment apply here?
21-5063 Sammy Cano v. Illinois Illinois 2021-07-09 Denied IFP constitutional-rights criminal-procedure criminal-seizure due-process evidence ineffective-assistance-of-counsel ineffective-counsel reasonable-doubt sentencing sentencing-discretion witness-credibility witness-testimony Whether the State failed to prove guilt beyond a reasonable doubt
21-20 Jack Albert Chappell v. United States Eighth Circuit 2021-07-08 Denied Response Waived brady-violation criminal-procedure due-process evidence-disclosure evidence-handling fair-trial government-witness prosecutorial-misconduct witness-testimony Whether prosecutorial misconduct and mishandling of evidence constitutes a Brady violation when the government failed to disclose critical information…
21-5035 Ronald Pyles v. LaShann Eppinger, Warden Ohio 2021-07-08 Denied IFP brady-rule brady-violation civil-rights due-process ethical-standards ineffective-assistance ineffective-assistance-of-counsel judicial-impartiality judicial-recusal recusal witness-testimony Question not identified
21-5004 Bo Daniel Shafer v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-07-02 Denied IFP appellate-review criminal-procedure district-court due-process habeas-corpus ineffective-assistance-of-counsel trial-counsel trial-procedure voir-dire witness-testimony Did the federal district court erroneously conclude that Bo Shafer's IAC claim regarding his trial counsel's performance during voir dire was without …
20-8421 Braulio Perez v. United States Eleventh Circuit 2021-06-25 Denied IFP 4th-amendment 5th-amendment 6th-amendment 911-call armed-career-criminal body-camera body-camera-footage constitutional-rights'\n'Issue 4 criminal-history criminal-law criminal-procedure criminal-procedure'\n'Issue 2 criminal-procedure'\n'Issue 3 criminal-procedure'\n'Issue 4 enhancement evidence fair-trial fifth-amendment firearm fourth-amendment motion-to-suppress search-and-seizure self-incrimination sentencing sentencing-enhancement statements statutory-interpretation witness witness-testimony Issue 1
20-8209 Dennis J. Edwards v. Kim Larson, Warden Seventh Circuit 2021-06-03 Denied Response WaivedIFP constitutional-rights due-process equal-protection habeas-corpus ineffective-assistance-of-counsel ineffective-counsel prosecutorial-misconduct trial-procedure witness-testimony Whether the petitioner's due process and equal protection rights were violated by the denial of his habeas corpus petition without explanation
20-1663 Matthew D. Norwood v. United States Armed Forces 2021-05-28 Denied Response Waived criminal-procedure evidence evidence-rule forensic-interview hearsay hearsay-exception jury-deliberation prior-consistent-statement repetition trial-procedure truth-effect witness-testimony Whether admission of a recorded hearsay statement as a physical exhibit, permitted to be reviewed during deliberations, is a fair application of the e…
20-8046 Shawn Bishop v. Chad Wakefield, Superintendent, State Correctional Institution at Smithfield, et al. Third Circuit 2021-05-17 Denied Response WaivedIFP codefendant-confession confrontation-clause criminal-procedure curative-instruction due-process ineffective-assistance scant-evidence witness-testimony Does a curative instruction remedy a Confrontation Clause violation?
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…
20-7843 Timothy Howard Johnson v. Renee Baker, Warden Nevada 2021-04-26 Denied IFP criminal-procedure due-process evidence-exclusion retroactivity right-to-counsel right-to-defense right-to-jury-trial trial-court-discretion waiver witness-testimony Whether the state district court lost subject matter jurisdiction by rendering the judgment of conviction void when it failed to comply with the requi…
20-1481 Adrian Parbhudial v. Jamie LaManna, Superintendent, Green Haven Correctional Facility Second Circuit 2021-04-22 Denied Response Waived criminal-defense due-process habeas-corpus home-invasion ineffective-assistance ineffective-assistance-of-counsel mistake police-officers Strickland strickland-standard witness-testimony witnesses Was it an unreasonable application of Strickland-v-Washington,466-U.S.-668-(1984)
20-7687 Ronald James Hamilton, Jr. v. Texas Texas 2021-04-07 Denied IFP capital-murder cruel-and-unusual-punishment due-process eighth-amendment exculpatory-evidence fingerprint-evidence prosecutorial-misconduct punishment-trial witness-testimony Did the trial prosecutors deny Mr. Hamilton Due Process by failing to disclose exculpatory fingerprint comparison results relevant to an extraneous ca…
20-7649 Robert Earl Jackson v. Florida Florida 2021-04-02 Denied Response WaivedIFP 5th-amendment 6th-amendment constitutional-challenge due-process frequency-of-orgasms ineffective-assistance-of-counsel rape-victim-testimony sexual-battery uncorroborated-statement witness-testimony Whether trial counsel was ineffective for failing to object to the testimony of the state's witness when she testified to the frequency of orgasms occ…
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…
20-7600 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…
20-7515 Samuel Woody v. New Jersey New Jersey 2021-03-22 Denied Relisted (2)IFP conflict-of-interest criminal-procedure due-process false-allegations ineffective-assistance vindictive-behavior witness-testimony Whether counsel was ineffective for failing to investigate and call a witness with a potential conflict of interest who could speak to the alleged vic…
20-7422 Antuan V. Little v. Dan Cromwell Seventh Circuit 2021-03-11 Denied Response WaivedIFP 5th-amendment civil-rights constitutional-rights criminal-procedure due-process evidence evidentiary-standards legal-reliability witness-testimony whether-the-witness's-statements-and-testimony-were-unreliable-due-to-coercion
20-7325 Eric Todd v. United States Sixth Circuit 2021-03-05 Denied Response WaivedIFP criminal-procedure cross-examination disclosure due-process exculpatory-evidence fair-trial fifth-amendment government-misconduct witness-testimony Did the timing and method of the Government's disclosure violate Todd's Fifth Amendment right to a fair trial
20-7337 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?
20-7343 Justin David Williams v. Utah Utah 2021-03-05 Denied Response WaivedIFP confrontation-clause criminal-procedure cross-examination due-process evidence hearsay sixth-amendment standard-of-review witness-testimony Whether the court of appeals erred in its admission of the father's 911 call under the excited utterance exception to the hearsay rule
20-1132 DeMichael Tyrone Moore and Derrick Darnell Moore v. Tennessee Tennessee 2021-02-19 Denied confrontation-clause constitutional-rights criminal-procedure cross-examination effective-cross-examination federal-law hearsay-exception memory-loss prior-recorded-statement witness-testimony Whether the Confrontation Clause is violated by admitting a prior recorded statement of a witness who testifies he has no memory of making the stateme…
20-7169 Lawrence Nunley v. Richard Brown Seventh Circuit 2021-02-19 Denied Response WaivedIFP child-witness criminal-trial evidence-admission ineffective-assistance ineffective-assistance-of-counsel judicial-error prosecutor structural-error testimony trial-counsel witness-testimony Was trial counsel ineffective for silently acquiescing to the structural error, allowing undue emphasis to be placed on the critical testimony, and gu…
20-7177 Sandra Doyle v. United States Fifth Circuit 2021-02-19 Denied Response WaivedIFP acceptance-of-responsibility criminal-procedure due-process post-arrest-interview prosecutorial-discretion relevant-conduct safety-valve sentencing witness-testimony Is it a denial of due process to sentence petitioner based on a finding that she lied or minimized in her safety-valve interview?
20-7059 Glen Thomas Dotson v. Dewayne Hendrix, Warden Eighth Circuit 2021-02-05 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process fair-trial fifth-amendment grand-jury prosecutorial-misconduct right-against-self-incrimination witness-testimony Was the petitioner deprived of a fair trial due to prosecutorial misconduct?
20-6989 Rodney Louis Sims v. Kimberly A. Seibel, Warden Ninth Circuit 2021-01-29 Denied Response WaivedIFP cell-phone-data criminal-appeal due-process evidence-admissibility fourth-amendment fourth-amendment-jurisprudence ninth-circuit privacy prosecutorial-conduct reasonable-expectation-of-privacy search-and-seizure witness-testimony Whether the government's warrantless seizure and search of a person's cell phone data violates the Fourth Amendment's prohibition on unreasonable sear…
20-6984 Ralph Frank Esposito, Jr. v. Arizona Arizona 2021-01-28 Denied Response WaivedIFP 5th-amendment brady-violation constitutional-rights criminal-procedure discovery-violation due-process evidence-suppression structural-error witness-testimony Whether the State of Arizona violated the Defendant's rights to due process under the 5th Amendment of the United States Constitution and under specif…
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 …
20-6843 Cedryck Davis v. Illinois Illinois 2021-01-12 Denied Response WaivedIFP attempted-murder criminal-intent criminal-procedure due-process fair-trial identity identity-evidence other-crimes-evidence reasonable-doubt witness-testimony Whether Cedryck Davis's convictions for the attempt murder of Naja Harrington and Shawn Harrington should be reversed
20-6835 Otha S. Hamilton v. Dennis Reagle, Warden Seventh Circuit 2021-01-11 Denied Response WaivedRelisted (2)IFP constitutional-rights criminal-conviction expert-witness ineffective-assistance ineffective-assistance-of-counsel insufficient-evidence medical-evidence physical-impossibility priapism-surgery witness-testimony Whether the Seventh Circuit erred in finding no substantial showing of the denial of a constitutional right, when trial counsel failed to investigate …
20-6761 Wayne Wells, Jr. v. Terrie Wallace, Warden Fourth Circuit 2021-01-04 Denied Response WaivedIFP age-of-consent civil-rights constitutional-rights criminal-law criminal-procedure due-process evidence-rules sentencing statutory-interpretation trial-procedure witness-testimony Does the statute SC Code Ann. 8 10-3655 (8)(2) have unconstitutional requirements?
20-833 William Todd Coontz v. United States Fourth Circuit 2020-12-21 Denied Response Waived criminal-procedure criminal-tax-prosecution expert-testimony expert-witness-exclusion foundation sentencing-guidelines state-of-mind tax-knowledge tax-prosecution willfulness willfulness-standard witness-testimony Was it reversable error for the trial court to exclude the Petitioner's/Coontz's key witness — the CPA expert — from testifying in a criminal tax pros…
20-6615 Cornell McHenry v. Texas, et al. Fifth Circuit 2020-12-11 Denied IFP conflict-of-interest constitutional-law criminal-procedure due-process evidence habeas-corpus ineffective-assistance judicial-discretion prosecutorial-misconduct standard-of-review witness-testimony Did the 11th Circuit err in deferring to the State Court finding that Mr. McHenry was not prejudiced by trial counsel's conflict of interest and failu…
20-6597 John Aguilar v. Willis Chapman, Warden Sixth Circuit 2020-12-10 Denied Response WaivedIFP change-of-venue constitutional-rights due-process effective-assistance-of-counsel fair-trial guilt ineffective-assistance-of-counsel prior-bad-acts prosecutorial-misconduct witness-testimony Is a Defendant denied the constitutional right to effective assistance of counsel and ultimately a fundamentally fair trial as guaranteed by the Unite…
20-6453 Marcos Alejandro Gonzalez Flores v. United States Ninth Circuit 2020-11-25 Denied Response WaivedIFP confrontation-clause criminal-procedure cross-examination due-process fourth-amendment search-and-seizure suppression-hearing suppression-motion witness-testimony Whether the Sixth Amendment's Confrontation Clause, the Fifth Amendment's Due Process Clause, or some other authority guarantees a criminal defendant …
20-6397 Douglas Cornejo v. Christian Pfeiffer, Warden Ninth Circuit 2020-11-20 Denied Response WaivedIFP brady-disclosure brady-evidence confrontation-clause criminal-procedure cross-examination due-process preliminary-hearing prosecutorial-misconduct right-to-present-defense witness-testimony Should a COA Have Been Granted to Decide If the Prosecutor's Failure to Disclose Brady Evidence Deprived Cornejo of His Right to Confront and Cross-Ex…
20-6390 Rigoberto Cabrera v. United States Eleventh Circuit 2020-11-19 Denied Response WaivedIFP certificate-of-appealability due-process evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel loss-amount prosecutorial-misconduct sentencing sentencing-error witness-testimony Whether Cabrera received ineffective assistance of counsel
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…
20-652 George Georgiou v. United States Third Circuit 2020-11-12 Denied Response Waived 28-usc-2255 brady-v-maryland brady-violation certificate-of-appealability counsel-waiver due-process napue-v-illinois prosecutorial-misconduct rule-8c witness-testimony Whether the order of the court of appeals denying a certificate of appealability should be reversed and remanded
20-6061 Whittier Buchanan v. California California 2020-10-16 Denied Response WaivedIFP assistant-counsel constitutional-rights criminal-procedure due-process judicial-review legal-appeal right-to-counsel self-representation standby-counsel trial-transcripts witness-testimony Whether the court allowed the petitioner to represent himself using standby counsel when he had also been appointed assistant counsel, and whether the…
20-5986 Romeo Wilson v. Debra Sue Gabites, et al. Michigan 2020-10-09 Denied Response WaivedIFP civil-procedure civil-rights constitutional-rights court-procedure due-process ineffective-counsel legal-representation standing witness-testimony Do I have any rights/the light was blinking? Do I have any right/I had two lawyer, Mr.Jessie A.Nas# (79465) and Mirstared 1,Shouey(75877) was their to…
20-5913 Bradley M. Cox v. United States Seventh Circuit 2020-10-05 Denied Response WaivedIFP bail-reform-act constitutional-interpretation constitutional-rights criminal-procedure due-process evidentiary-standards factors-for-detention presumption-of-innocence pretrial-detention release-conditions witness-testimony Whether the lower courts used the provisions of the Bail Reform Act in a manner contrary to the constitutional right to bail?
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…
20-5879 Michael Matthew Phillips v. United States Fourth Circuit 2020-10-01 Denied Response WaivedIFP 4th-amendment constructive-possession criminal-law criminal-procedure evidence felon-in-possession firearm-evidence rule-404b rules-of-evidence witness-testimony Whether evidence that a defendant walked with a person to a public place where the other person retrieved a firearm is sufficient to show that the def…
20-5784 Cedric Jeffries v. Ohio Ohio 2020-09-24 Denied IFP complaining-witness confrontation confrontation-clause constitutional-rights due-process evidence prior-sexual-assault rape-shield-law sexual-assault witness-testimony Does a State rape-shield law violate the Constitutional rights to confrontation and due process?
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?
20-5369 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
20-5345 Clarence Taylor v. United States Ninth Circuit 2020-08-13 Denied Response WaivedIFP administrative-law confrontation confrontation-right due-process government-burden hearsay revocation-proceeding testimonial-evidence witness-hearsay witness-testimony Whether due process requires the government to make an affirmative showing that a witness is afraid to testify before relying on testimonial hearsay a…
20-5162 Joseph Shane Terry v. United States Eleventh Circuit 2020-07-24 Denied Response WaivedIFP abuse-of-process attorney-ineffective conflict-of-interest constitutional-rights counsel-representation due-process ineffective-assistance plea-agreement witness-testimony Is an attorney ineffective and engaging in a conflict of interest
20-5127 Thomas Eric Espinoza v. Colorado, et al. Tenth Circuit 2020-07-21 Denied Response WaivedIFP actual-innocence confrontation-clause constitutional-error due-process expert-examination fair-trial habeas-corpus lab-evidence right-to-present-defense scientific-evidence witness-testimony Did the trial court deny Mr. Espinoza before trial his right to counsel, a fair process, confrontation, and the right to present a defense that would …
20-5038 Reza Olangian v. United States Second Circuit 2020-07-20 Denied Response WaivedIFP credibility due-process fair-trial government-informant government-witness trial-procedure truthfulness witness-availability witness-credibility witness-testimony Is a defendant deprived of a fair trial when government witnesses are invited to comment on his credibility and candor, and when he in turn is asked t…
19-1473 Phillip Hartsfield v. Stepanie Dorethy, Warden Seventh Circuit 2020-07-08 Denied Response Waived appellate-certification contemporaneous-assertion contemporaneous-objection federal-habeas-corpus ineffective-assistance-of-counsel prejudice-standard right-to-testify state-court-requirement strickland-standard strickland-v-washington witness-testimony Whether the lower court erred by holding that the prejudice standard applying to ineffective assistance of counsel claims under Strickland v. Washingt…
19-8643 Wallace Eugene Evatt, Jr. v. Michael Stephan, Warden Fourth Circuit 2020-06-09 Denied Response WaivedIFP brady-violation civil-rights criminal-procedure due-process evidence exculpatory-evidence judicial-misconduct prosecutorial-misconduct witness-testimony Whether the judge and prosecutor failed to disclose evidence related to the victim's suicidal tendencies and prior suicide attempts, in violation of B…
19-8420 Charles Wilson v. Wisconsin Wisconsin 2020-05-12 Denied Response WaivedRelisted (2)IFP confrontation-clause criminal-procedure due-process evidence evidentiary-ruling ineffective-assistance-of-counsel jury-instructions jury-selection prosecutorial-discretion trial-court-discretion witness-testimony Whether the trial court abused its discretion when it excluded several jurors for failing to follow the voir dire process
19-8360 Juan C. Parra-Interian v. Mike Obenland Ninth Circuit 2020-04-26 Denied Response WaivedIFP civil-procedure constitutional-error criminal-procedure due-process evidence exculpatory-evidence harmless-error joinder-of-charges probable-cause standing witness witness-testimony Question not identified
19-8267 Jon Cascella v. United States First Circuit 2020-04-15 Denied Response WaivedIFP brady-violation confidential-informant constitutional-error due-process fifth-amendment independent-inquiry testimony uniform-practice witness-testimony Whether permitting a blanket claim of Fifth Amendment privilege and total exclusion of a confidential informant's testimony without independent inquir…
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…
19-8212 Santiago Soto-Garcia v. United States Eighth Circuit 2020-04-08 Denied Response WaivedIFP 4th-amendment civil-rights constitutional-rights due-process law-enforcement probable-cause search-and-seizure traffic-stop witness-testimony Did the 8th Circuit Court of Appeals err in concluding that the mere presence or possession of guns/weapons seen in plain view and registered to the l…
19-8200 Don Farley v. Carl Parson Tenth Circuit 2020-04-07 Denied IFP civil-procedure civil-rights due-process evidence evidence-exclusion first-amendment fourteenth-amendment free-speech witness-testimony Was Farley denied his First Amendment Right of Free Speech and Fourteenth Amendment of due process?
19-8046 Michael Anthony Cervantes v. W. L. Montgomery, Warden Ninth Circuit 2020-03-19 Denied Response WaivedIFP 28-usc-2254 constitutional-rights due-process evidentiary-hearing habeas-corpus habeas-relief ineffective-assistance-of-counsel prosecutorial-misconduct standing statutory-interpretation witness-testimony Whether the district court erred in denying petitioner's habeas corpus petition under 28 U.S.C. § 2254(d)(2) where the district court failed to adequa…
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…
19-7827 Terry O'Nell Hall v. Texas Texas 2020-03-02 Denied IFP co-defendant confrontation-clause criminal-trial cruel-and-unusual-punishment due-process evidentiary-inconsistency fundamental-fairness inconsistent-testimony right-to-fair-trial sentencing-disparity victim-testimony witness-testimony Did the court of appeals err in deciding petitioner's right to due process was not violated, where the victim testified one way during his trial and t…
19-7813 Michael C. Jamerson v. Jason Lewis, Warden Missouri 2020-02-28 Denied Response WaivedIFP brady-v-maryland brady-violation due-process evidentiary-hearing exculpatory-evidence giglio-vs-united-states habeas-corpus napue-standard napue-vs-illinois perjured-testimony prosecutorial-misconduct witness-testimony Did the Missouri courts err in failing to find that the State's failure to disclose exculpatory evidence violated its obligation under Brady v. Maryla…
19-7765 William Reyes v. Robert Ercole, Superintendent, Green Haven Correctional Facility Second Circuit 2020-02-25 Denied Response WaivedIFP 2254 conviction criminal-procedure due-process fair-trial habeas-corpus perjury prosecutorial-misconduct reasonable-likelihood section-2254 witness-testimony Is a defendant deprived of his right to due process of law when he would not have been convicted had perjury not been introduced at his trial?
19-7643 In Re Stephen Daniel Leonard 2020-02-12 Denied IFP 6th-amendment administrative-hearing administrative-procedure article-iv compulsory-process constitutional-rights disciplinary-proceeding disciplinary-proceedings due-process equal-protection judicial-proceedings liberty liberty-interest privileges-and-immunities witness-testimony Did the State of Florida violate Petitioner's protected rights
19-7513 Omar Smith v. Harold W. Clarke, Director, Virginia Department of Corrections Virginia 2020-02-03 Denied IFP 6th-amendment civil-rights criminal-procedure due-process evidence-suppression ineffective-assistance ineffective-assistance-of-counsel preliminary-hearing severance suppression-of-evidence trial-procedure trial-severance virginia-supreme-court witness-testimony Whether the Virginia Supreme Court erred in its rulings on ineffective assistance of counsel claims
19-7450 George Maurice Steele v. United States Fifth Circuit 2020-01-29 Denied Response WaivedIFP confrontation confrontation-clause confrontation-right criminal-procedure due-process fifth-amendment revocation-hearing sentencing supervised-release witness-testimony Whether the district court erred by allowing testimony at the revocation hearing that violated Mr. Steele's Fifth Amendment due process right to confr…
19-7414 Latray Whitley v. Texas Texas 2020-01-24 Denied IFP brady-disclosure-obligations brady-rule cooperation-agreement criminal-procedure due-process federal-inmates giglio-disclosure giglio-rule giglio-v-united-states impeachment-evidence materiality prosecutorial-misconduct state-prosecutors witness-testimony Whether the state district court's determination that written, 5K1 and Rule 35-based cooperation addenda, audio recorded communications, and audio rec…
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…
19-7274 Gregory Bartko v. United States Fourth Circuit 2020-01-14 Denied Response WaivedIFP actual-innocence brady-v-maryland brady-violation due-process exculpatory-evidence habeas-corpus impeachment-evidence perjured-testimony prosecutorial-misconduct wearry-v-cain witness-testimony Did the lower courts err in failing to properly review and conclude that the prosecution's withholding of exculpatory and impeachment evidence favorab…
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…
19-7138 Michael Blankenship v. United States Fourth Circuit 2020-01-06 Denied Response WaivedIFP clean-water-act criminal-procedure environmental-law evidence evidence-admissibility eyewitness-testimony fecal-coliform intent prejudice rule-404(b) rule-404b witness-testimony Whether a chart showing consistently high fecal coliform levels in a creek was relevant to show other potential sources of odors testified to by witne…
19-7124 Derwin Lee Butler v. California California 2019-12-31 Denied IFP constitutional-rights criminal-procedure due-process jury-instruction jury-instructions post-trial-hearing right-to-call-witnesses stipulation trial-court-error trial-error trial-procedure witness-testimony Does a criminal defendant become deprived of his constitutional rights when the trial court fails to read an agreed upon stipulation and instruction t…
19-7097 Juan Sanchez v. California California 2019-12-30 Denied IFP confrontation-clause criminal-procedure cross-examination due-process out-of-court-statements prior-testimony testimonial-statements trial-evidence witness-memory witness-testimony Whether a defendant in a criminal case is denied the opportunity for full and effective cross-examination in violation of the Confrontation Clause
19-7098 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
19-7050 In Re Charlene Rosa 2019-12-23 Denied IFP appeal civil-rights constitutional-rights criminal-procedure due-process equal-protection ineffective-assistance-of-counsel judicial-review sanctions statutory-interpretation witness-testimony Whether the Koweth, Oortrick Covert 4 wypptooll abuse dy duration M Sombion Hh lod decmaye
19-6837 Anzara Brown v. Dana Metzger, Warden, et al. Third Circuit 2019-12-04 Denied Response WaivedIFP brady-v-maryland chain-of-custody civil-rights confidential-informant constitutional-rights criminal-procedure due-process evidence-disclosure exculpatory-evidence forensic-evidence medical-examiners witness-testimony Whether the state of Delaware can withhold exculpatory evidence relating to the state's office of medical examiners officials, denying true evidence f…
19-6847 Lawrence Keith Johnson v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2019-12-04 Denied Response WaivedIFP civil-rights constitutional-law constitutional-rights discovery-rights due-process due-process,civil-rights,standing,civil-procedure, equal-protection ineffective-assistance-of-counsel judicial-review standing witness-testimony Does any court that does not follow the well established law violate an individual's Constitutional rights by denying a motion or petition without sta…
19-6814 Issac Efren Jimenez v. California California 2019-12-03 Denied IFP attorney-client-privilege attorney-ethics attorney-representation conflict-of-interest criminal-law criminal-procedure ethics former-client legal-ethics leniency prosecutorial-discretion witness-testimony Whether an attorney in a criminal case may subsequently represent a client who seeks leniency in exchange for testimony in a pending case against that…
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?
19-6584 Steven Williams v. United States Second Circuit 2019-11-12 Denied Response WaivedIFP cooperating-witnesses cooperation-agreement credibility-bolstering direct-examination due-process government-vouching prosecutorial-misconduct prosecutorial-vouching truth-telling witness-credibility witness-testimony Whether it is a violation of due process for the government to bolster the testimony of cooperating witnesses
19-6381 Anthony Tyrone Brown v. Michigan Michigan 2019-10-24 Denied Response WaivedRelisted (2)IFP abuse-of-discretion compulsory-process confrontation-clause constitutional-rights due-process effective-assistance-of-counsel evidence evidence-suppression fair-trial ineffective-assistance-of-counsel prosecutorial-misconduct sexual-activity-evidence witness-testimony Whether the petitioner's constitutional rights to a fair trial and effective assistance of counsel were violated
19-6323 Michael Taffaro v. New Jersey New Jersey 2019-10-21 Denied Response WaivedIFP due-process evidence evidence-exclusion ineffective-assistance interests-of-justice judicial-review perjury perjury-claim post-conviction-relief procedural-default procedural-rules standing testimony witness-testimony Whether a decision affirming exclusion of evidence can be correct without addressing the unrefuted assertion that it was excluded on plainly erroneous…
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…
19-6171 Jorge Sanchez-Rodriguez v. Louisiana Louisiana 2019-10-04 Denied IFP appeal appellate-review child-interview criminal-procedure due-process evidence insufficient-evidence judicial-error standard-of-review sufficiency-of-evidence trial-court-error witness-testimony Did the state appellate court and the Louisiana Supreme Court err in denying petitioner's appeal because the evidence presented at trial was insuffici…
19-6103 Farid John Popal v. New York New York 2019-10-01 Denied IFP constitutional-rights criminal-procedure due-process evidence government-misconduct jurisdiction law-enforcement skype-testimony witness witness-coaching witness-testimony Whether law enforcement's coaching the witness violated petitioner's due process rights
19-6111 Hafiz Muhammad Sher Ali Khan v. United States Eleventh Circuit 2019-10-01 Dismissed Response WaivedIFP constitutional-rights district-court-orders due-process exculpatory-evidence extraterritorial-testimony ineffective-assistance ineffective-assistance-of-counsel material-witnesses out-of-country-witnesses strickland-standard strickland-v-washington witness-testimony Does the failure of defense trial counsel to follow specific orders from the District Court constitute ineffective assistance of counsel?
19-410 In Re Richard J. Fields 2019-09-26 Denied Relisted (2) civil-procedure civil-rights due-process estate-distribution fraud judicial-discretion legal-ethics mental-health probate probate-procedure standing testamentary-capacity will-forgery wills witness-testimony Should we ignore a forged initial because our law does not require an initial to make a Will valid? How about people falsifying a will by switching it…
19-411 Rodney Reed v. Texas Texas 2019-09-26 Denied Amici (2)Relisted (8) brady-materiality brady-v-maryland confrontation-clause due-process exculpatory-evidence fifth-amendment materiality self-incrimination suppressed-evidence witness-testimony When assessing under the Brady materiality standard whether 'disclosure of the suppressed evidence to competent counsel would have made a different re…
19-6053 Diosme Fernandez Hano v. United States Eleventh Circuit 2019-09-25 Denied Response WaivedIFP appellate-review circuit-split criminal-procedure due-process eleventh-circuit evidentiary-rulings indictment judicial-precedent jury-instructions statute-of-limitations united-states-code witness-testimony Whether the Eleventh Circuit erred in holding that the indictment was returned within the limitation period under 18 U.S.C. § 3297
19-6000 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…
19-5800 Darren Denson v. Illinois Illinois 2019-09-04 Denied IFP access-to-courts appellate-review civil-rights constitutional-claims cruel-and-unusual-punishment due-process habeas-corpus ineffective-assistance-of-counsel judicial-misconduct judicial-procedure post-conviction-relief prosecutorial-misconduct witness-testimony Whether the Eighth Amendment's prohibition on cruel and unusual punishment was violated when the petitioner was denied access to legal materials and s…
19-5642 John Emmett Brown, Jr., and Derrick Louis Carter v. United States Ninth Circuit 2019-08-20 Denied Response WaivedIFP brady-materiality brady-v-maryland criminal-procedure due-process duress-defense exculpatory-evidence government-disclosure materiality prosecutorial-misconduct witness-testimony In the context of a duress defense, is the government's untimely disclosure of exculpatory evidence material under Brady v. Maryland?
19-5620 Damien Hyde v. Illinois Illinois 2019-08-16 Denied IFP 5th-amendment civil-rights coerced-statements confrontation-clause constitutional-rights criminal-evidence criminal-procedure due-process evidence non-defendant-witnesses substantive-evidence witness-testimony Whether the admission of coerced statements by non-defendant witnesses deprives a defendant of due process of law when used as substantive evidence of…
19-5336 John S. Benchick v. United States Sixth Circuit 2019-07-25 Denied Response WaivedIFP court-reporting due-process exculpatory-evidence government-misconduct mandatory-victims-restitution-act prosecutorial-misconduct restitution right-to-appeal trial-record trial-transcript unbiased-prosecutor witness-testimony Does the Defendant have a right to a true and correct record of his trial
19-5178 Howard Lester v. Ohio Ohio 2019-07-15 Denied Response WaivedIFP confrontation-clause criminal-procedure essential-element expert-testimony firearms-examination fourth-amendment prosecutor-summation report-admission seizure substitute-analyst summation witness-testimony Whether the admission of a non-testifying firearms examiner's report and substitute analyst testimony violated the Confrontation Clause
19-75 James Joseph Garner v. Colorado Colorado 2019-07-15 Denied Amici (2) criminal-defendant criminal-procedure due-process eyewitness-identification police-misconduct standing suggestive-identification suggestive-setting trial-procedure witness-testimony Whether the Due Process Clause imposes any check on an eyewitness's identification of a criminal defendant in the typically suggestive setting of tria…
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…
18-1582 Bryan A. Krumm, CNP v. Drug Enforcement Administration District of Columbia 2019-06-26 Denied Response Waived administrative-law cannabis-scheduling controlled-substances controlled-substances-act dea federalism mandamus-relief medical-marijuana medical-use scheduling witness-testimony Can the Attorney General and DEA continue Schedule 1 placement of Cannabis now that it has 'accepted medical use' in 33 States, the District of Columb…
18-9627 Jeffrey Dean Tucker v. United States Fourth Circuit 2019-06-11 Denied Response WaivedIFP civil-rights constitutional-rights criminal-procedure due-process evidence evidence-admissibility jurisdiction standing witness-testimony Whether due process was violated in convicting a North Carolina state citizen pursuant to general jurisdiction?
18-1522 Doe v. United States Ninth Circuit 2019-06-10 Denied Relisted (2) adverse-spousal-testimony adverse-testimony compelled-testimony criminal-investigation document-authentication document-compulsion document-production fifth-amendment grand-jury spousal-privilege witness-testimony Whether a grand jury witness may invoke the privilege against adverse spousal testimony where the target of the grand jury investigation is the witnes…
18-9527 Thomas Branagan v. Isidro Baca, Warden, et al. Ninth Circuit 2019-06-03 Denied Response WaivedIFP child-victim civil-rights criminal-procedure due-process evidence evidentiary-issues ineffective-assistance-of-counsel prosecutorial-misconduct sexual-assault standing testimony-inconsistency witness-credibility witness-testimony Whether the defendant's constitutional rights were violated due to ineffective assistance of counsel and prosecutorial misconduct
18-9414 Donald Stewart Royce v. Florida Florida 2019-05-24 Denied Response WaivedIFP 14th-amendment 6th-amendment confrontation-clause criminal-procedure cross-examination due-process evidence impeachment law-enforcement witness witness-testimony Whether a trial court abuses its discretion, within the confines of procedural due process in the U.S. Constitution's 14th Amendment, by limiting cros…
18-9298 Anthony Barry and Brian Cahill v. Massachusetts Massachusetts 2019-05-16 Denied Response WaivedIFP brady-violation confrontation-clause criminal-procedure due-process exculpatory-evidence exculpatory-information fundamental-fairness jury-trial post-conviction-evidence witness-testimony Whether intentional pre-trial withholding of exculpatory information violates the Confrontation Clause
18-1424 Michael N. Thomas v. Raymond Anderson, et al. Seventh Circuit 2019-05-15 Denied Response RequestedResponse WaivedRelisted (2) circuit-split government-inconvenience habeas-corpus importance-of-testimony inconvenience-to-government inmate-testimony judicial-discretion nonparty-inmate nonparty-witness seventh-circuit trial-procedure trial-testimony witness-testimony writ-of-habeas-corpus Whether the Seventh Circuit correctly held that a district court may deny a request for the issuance of a writ of habeas corpus to compel the appearan…
18-9261 Calmer Cottier v. United States Eighth Circuit 2019-05-15 Denied Response RequestedResponse WaivedRelisted (7)IFP constitutional-rights cooperating-witness due-process fair-trial impartial-jury jury-deliberation prosecutor-stipulation prosecutorial-misconduct stipulation truthfulness witness-credibility witness-testimony Does the use of a prosecutor's stipulation that a cooperating witness is testifying truthfully violate the constitutional guarantees of a fair trial, …
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…
18-9239 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
18-9070 Gabriel Urzua Sanchez v. United States Sixth Circuit 2019-05-03 Denied IFP abuse-of-discretion criminal-procedure direct-appeal district-court fifth-amendment first-step-act mandatory-minimum privilege sentencing witness-testimony Whether the district court abused its discretion in failing to properly determine that Mr. Sanchez's proposed witnesses had a valid Fifth Amendment pr…
18-9132 Earlie Dickerson v. United States Fifth Circuit 2019-05-03 Denied Response WaivedIFP criminal-procedure due-process evidence evidentiary-standard federal-rule-criminal-procedure federal-rules-of-criminal-procedure government-witness government-witnesses motion-for-new-trial newly-discovered-evidence perjury trial-motion witness-credibility witness-testimony Whether new evidence that Government witnesses provided untruthful statements during a trial can ever satisfy the requirements for a motion for new ba…
18-8980 Raheem D. Louis v. United States Third Circuit 2019-04-24 Denied Response WaivedIFP burden-of-proof criminal-procedure due-process evidence identification witness-testimony Question not identified
18-8893 Mark M. Brown v. United States Sixth Circuit 2019-04-18 Denied Response WaivedIFP circuit-court-review criminal-procedure impairment mental-capacity mental-impairment probable-cause standard-of-review suppression-motion trustworthiness warrant warrant-issuance witness witness-credibility witness-testimony Does probable cause to issue a warrant extend to situations where a witness to alleged criminal behavior was severely impaired?
18-8815 Scott Randall Reich v. Mike Slagle, Correctional Administrator, Mountain View Correctional Institution Fourth Circuit 2019-04-15 Denied IFP civil-rights constitutional-rights criminal-procedure discovery due-process evidence evidence-suppression prosecutorial-misconduct speedy-trial standing witness-testimony Has rules of evidence precluded by Speedy Trial Act from being used to impeach witness testimony?
18-8734 Corey D. Phillips v. Illinois Illinois 2019-04-10 Denied IFP civil-rights due-process evidence ineffective-assistance ineffective-assistance-of-counsel plea-bargaining prosecutorial-misconduct right-to-counsel witness-testimony Was the defendant's counsel ineffective for failing to properly investigate and present evidence of a plea agreement?
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…
18-8587 In Re Christopher Stegawski 2019-03-27 Denied IFP 21-cfr-1306.04 21-usc-802 21-usc-841 allocution chronic-pain-treatment cross-examination due-process fair-trial ineffective-assistance-of-counsel ineffective-counsel medical-expert strickland-standard strickland-v-washington trial-fairness united-states-v-moore witness-testimony Was the trial fair when key defense witnesses were not investigated pretrial, court denied Defendant's request to cross examine government medical exp…
18-8367 Lamar Williams v. American Auto Logistics New Jersey 2019-03-11 Denied IFP civil-procedure civil-rights constitutional-issues constitutional-review court-procedure due-process evidence evidentiary-standards expert-opinion judicial-opinion legal-standing standing witness-testimony witnesses Is the prior court's decision constitutional?
18-8225 Barry Druilhet, Jr. v. United States Fifth Circuit 2019-03-01 Denied Response WaivedIFP 6th-amendment criminal-procedure due-process federal-sentencing judicial-discretion obstruction-of-justice sentencing sentencing-enhancement witness-testimony Can a federal court consider enhance a defendant's sentence for obstruction of justice where the defendant was seeking out witnesses to testify on his…
18-8087 Joseph Michael Kurz v. Louisiana Louisiana 2019-02-25 Denied Response WaivedIFP burden-of-proof capital-trial criminal-procedure due-process harmless-error judicial-discretion prosecutorial-misconduct sentencing sentencing-error standard-of-review statute-of-limitations time-limitations witness-testimony Whether the district court erred in allowing the State to prosecute the defendant for an allegation that the time limitations had expired
18-8129 Charles Russell v. Texas Texas 2019-02-25 Denied IFP 2nd-amendment burden-of-proof constitutional-rights criminal-procedure due-process evidence evidence-admission reasonable-doubt social-media social-media-evidence witness-testimony Did the Trial Court relieve the state of its burden to prove guilt beyond a reasonable doubt when it allowed the state to show the jury photos found o…
18-8033 Luis Alberto Montalvo Borgos v. Sean Medeiros, Superintendent, Massachusetts Correctional Institution at Norfolk First Circuit 2019-02-20 Denied Response WaivedIFP criminal-procedure drug-dealer due-process eyewitness-identification identification-procedure miscarriage-of-justice plain-error Prosecutor-elicited-testimony-about-witness-fear,c Prosecutor-stated-petitioner-was-known-drug-dealer prosecutorial-misconduct witness-testimony Was the identification of the petitioner unreasonably suggestive?
18-7917 Najee Sharif Wilkins v. Michigan Michigan 2019-02-12 Denied IFP confrontation-clause cross-examination eighth-amendment juvenile-sentencing life-without-parole miller-v-alabama montgomery-v-louisiana parole-eligibility witness-testimony Does Petitioner's sentence violate the Eighth Amendment?
18-7934 Seaun Llwellyn Farthing v. Dara Watson, Warden Fourth Circuit 2019-02-12 Denied Relisted (2)IFP criminal-procedure double-jeopardy due-process federal-rules-of-evidence ineffective-assistance ineffective-assistance-of-counsel lesser-included-offense perjury prior-conviction prosecutorial-misconduct statutory-burglary witness-testimony Was trial counsel ineffective for failing to prevent prosecutorial misconduct?
18-7888 Furn-Lee Salomon v. Patrick Nogan, Administrator, East Jersey State Prison, et al. Third Circuit 2019-02-11 Denied IFP constitutional-safeguards criminal-procedure cumulative-error due-process evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel passport-fraud pre-trial-investigation prejudicial-testimony pretrial-investigation strategic-decision strickland-standard strickland-v-washington trial-counsel witness-testimony Was trial counsel ineffective?
18-7825 Trevonte Jenkins v. Ohio Ohio 2019-02-07 Denied Response RequestedRelisted (2)IFP constitutional-law constitutional-rights criminal-procedure due-process fair-trial flawed-process identification in-court-identification state-witness witness-testimony Is a petitioner denied due process of law and a fair trial when identification was at issue at trial and there was a flawed process related to a first…
18-1022 Julius Jerome Murphy v. Texas Texas 2019-02-05 Denied brady-v-maryland brady-violation criminal-procedure death-penalty due-process eighth-amendment habeas-corpus witness-testimony Whether the State's failure to disclose threats and promises made to witnesses violated due process
18-7766 Rishawn Lamar Reeder v. Cecelia Reynolds, Warden Fourth Circuit 2019-02-05 Denied Response WaivedRelisted (2)IFP alibi-witnesses criminal-procedure due-process evidence evidence-presentation eyewitness-testimony gunshot-residue impeachment ineffective-assistance ineffective-assistance-of-counsel jury-instructions self-defense surveillance-video trial-counsel witness witness-testimony Did the court err in finding trial counsel ineffective
18-7634 Lincoln E. Fox v. Neil Turner, Warden Sixth Circuit 2019-01-29 Denied Response WaivedIFP appellate-review confrontation-clause criminal-procedure due-process evidence evidentiary-error fair-trial ineffective-assistance ineffective-assistance-of-counsel victim-testimony witness-testimony Whether the trial court's admission of a videotaped statement of the victim violated the defendant's right to a fair trial
18-7305 William Hilts v. United States Second Circuit 2019-01-09 Denied Response WaivedIFP constitutional-rights criminal-indictment criminal-procedure due-process fifth-amendment grand-jury hearsay hearsay-testimony indictment witness-testimony Whether a criminal defendant's right to be prosecuted on an indictment voted by a Grand Jury under the Fifth Amendment is violated when the Grand Jury…
18-7308 Ronnie Junior Rodriguez v. United States Eleventh Circuit 2019-01-09 Denied Response WaivedIFP civil-rights criminal-procedure due-process evidence expert-testimony expert-witness federal-agent jury-instructions photographic-evidence pro-se-defense prosecutorial-misconduct witness-testimony Whether the defendant's due process rights were violated when the government presented unreliable expert testimony and improperly influenced the jury
18-7245 Ronnie Junior Rodriguez v. United States Eleventh Circuit 2019-01-08 Denied Response WaivedIFP civil-rights criminal-procedure due-process evidence false-declaration federal-rules-of-evidence hearsay legal-procedure perjury self-incrimination standing witness-testimony Whether the petitioner's Fifth Amendment right against self-incrimination was violated when the government presented hearsay evidence against him at t…
18-7271 Richard Steven Johnson, Jr. v. Neil McDowell, Warden Ninth Circuit 2019-01-07 Denied IFP confrontation-clause coy-v-iowa criminal-procedure cross-examination due-process fundamental-rights maryland-v-craig witness-testimony Whether the Ninth Circuit Court of Appeals violated petitioner's fundamental rights by ruling that the California Courts reasonably applied this Court…
18-7179 Trevelle J. Taylor v. Nebraska Nebraska 2018-12-27 Denied IFP 4th-amendment arrest-standards civil-rights confrontation-clause criminal-procedure due-process probable-cause reasonable-suspicion search witness-testimony Whether a person's mere proximity to others independently suspected of criminal activity, without more, gives rise to probable cause to search that pe…
18-736 Carl Lawson, et ux. v. Bell Sports USA New Jersey 2018-12-10 Denied Response Waived civil-action civil-procedure conference court-rules due-process equal-protection fourteenth-amendment hearing state-court witness-testimony Whether the Fourteenth Amendment's Due Process Clause prohibits a State court from directly violating one of its own court rules, by failing to provid…
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…
18-6842 Matthew Davis, aka Sealed Defendant 1, aka Matt v. United States Second Circuit 2018-11-27 Denied Response WaivedIFP 3500-material brady-v-maryland brady-violation criminal-procedure due-process exculpatory-evidence government-misconduct newly-discovered-evidence sentencing witness-testimony Whether the Government failed to properly discharge its obligations under Brady v. Maryland
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…
18-625 City of Miami, Florida v. Taiwan Smart Eleventh Circuit 2018-11-14 Dismissed burden-of-proof civil-procedure civil-rights constitutional-violations custom-or-practice due-process municipal-liability non-state-actors section-1983 witness-testimony Whether the isolated alleged incidents of constitutional violations in Plaintiff's § 1983 claims, which are founded on the actions of non-state actors…
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
18-6691 Delilah McCurtis v. Maggie Burke, Warden Seventh Circuit 2018-11-14 Denied Response WaivedIFP criminal-procedure due-process evidence fair-trial ineffective-assistance ineffective-assistance-of-counsel jury-instructions prior-consistent-statements prior-inconsistent-statements witness-testimony Where petitioner was denied a fair trial due to the introduction of prior inconsistent statements
18-6655 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
18-6616 Maria I. Sanutti-Spencer v. Pennsylvania Pennsylvania 2018-11-08 Denied Response WaivedIFP confrontation-clause criminal-motive criminal-procedure decedent's-drug-addiction decedent's-drug-dealing decedent's-motive decedent's-physical-abuse defendant's-health-issues due-process evidence evidence-exclusion lay-opinion-testimony right-to-complete-defense right-to-present-defense trial-procedure witness-testimony Does excluding evidence of another's motive, of the decedent's drug addiction, drug dealing, his physical abuse of the defendant and the defendant's s…
18-6629 William Randolph Harloff v. Craig Koenig, Warden Ninth Circuit 2018-11-08 Denied Response WaivedIFP chapman-harmless-error confrontation-clause constitutional-rights courtroom-presence criminal-procedure due-process harmless-error prejudice right-to-be-present witness-credibility witness-testimony Whether the state court applied Chapman v. California, 386 U.S. 18 (1967) in an objectively unreasonable manner or made an unreasonable determination …
18-6634 Leandro Leonel Gonzalez v. F. Armenta, et al. Ninth Circuit 2018-11-08 Denied IFP access-to-courts civil-rights constitutional-rights correctional-officers due-process evidence first-amendment free-speech Is there a right to have-a-witness in the Due-Proc mail-communication prisoner-rights witness-testimony Is there a right to outgoing mail in the First Amendment?
18-6577 Ernesto Wilfredo Solano Godoy v. Harold W. Clarke, Director, Virginia Department of Corrections Fourth Circuit 2018-11-07 Denied IFP confrontation-clause due-process fourth-circuit-review habeas-corpus ineffective-assistance-of-counsel phone-records strickland strickland-standard strickland-test sufficiency-of-evidence witness-testimony Ineffective-assistance-of-counsel
18-6594 Willie Safford, Jr. v. Florida Florida 2018-11-07 Denied IFP aggravated-battery civil-rights criminal-procedure due-process perjury polygraph polygraph-test post-conviction-relief witness-testimony Whether the defendant should be allowed to return to the lower tribunal to challenge the testimony of Rodney Hartmyer, Jerry Gay, and Robert Schran
18-6464 Frank Ralph LaPena v. George Grigas, et al. Ninth Circuit 2018-10-26 Denied Response WaivedIFP contract-killing criminal-conviction criminal-procedure due-process habeas-corpus highly-deferential-review ineffective-assistance-of-counsel legal-insufficiency legal-sufficiency nevada-supreme-court physical-evidence rational-juror reasonable-doubt sufficiency-of-evidence witness-testimony wrongful-conviction Whether the Nevada Supreme Court's decision rejecting the legal insufficiency claim was unreasonable because, even under a highly deferential review, …
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…
18-6151 Claude Thelemaque v. United States Eleventh Circuit 2018-10-01 Denied Response WaivedRelisted (2)IFP burden-of-proof cocaine-distribution conspiracy criminal-law criminal-law-procedure drug-trafficking due-process evidence evidence-admissibility jurisdiction standard-of-proof witness-testimony Whether the government failed to prove beyond a reasonable doubt that Thelemaque conspired to distribute cocaine with knowledge that it would be impor…
18-6152 M. E. D. v. New Jersey New Jersey 2018-10-01 Denied Relisted (2)IFP child-endangerment criminal-procedure due-process evidence evidence-law fair-trial jury-instruction jury-instructions other-wrongs-evidence second-degree-child-endangerment victim-testimony witness-testimony Did the trial court violate petitioner's right under the due process clause to a fair trial when the court failed to instruct the jury properly on a k…
18-369 Fidencio Valdez v. Texas Texas 2018-09-20 Denied circumstantial-evidence constitutional-due-process criminal-procedure due-process false-evidence false-testimony perjury prosecutorial-misconduct tacit-agreement timely-objection trier-of-fact void-for-vagueness witness-testimony Whether a defendant must timely object to a prosecutor's use of false or perjured evidence
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…
18-5747 Javier Amador-Flores v. United States Tenth Circuit 2018-08-31 Denied Response WaivedIFP circuit-split criminal-procedure evidence evidence-law expert-testimony federal-rules-of-evidence law-enforcement lay-opinion lay-opinion-testimony lay-testimony specialized-knowledge witness-testimony When a law-enforcement agent expressly compares the events in a case to what is typical in other cases he has investigated, is his opinion based on 's…
18-5686 Dwight Mundle v. United States Second Circuit 2018-08-23 Denied Response WaivedIFP 18-usc-875-c awareness-of-threat criminal-intent criminal-law due-process evidence evidence-sufficiency intent jury prejudicial-effect prior-conduct statutory-interpretation threatening-communication uncharged-conduct witness-testimony Was there enough or even any evidence to prove the conviction of transmitting a threatening communication, in violation of 18 U.S.C. § 875 (c)
18-5664 Chan Cheeseboro v. Little Richie Bus Service, Inc. Second Circuit 2018-08-20 Denied Relisted (2)IFP accident-report civil-procedure deposition discovery district-court due-process evidence false-testimony judicial-discretion judicial-misconduct legal-standing standing witness witness-testimony Why the United States District Court for the Eastern District of New York would allow the law firm of Lewis Bris Bois Bisgaard and Smith LLP. allowed …
18-5427 Monclaire Saint Louis v. United States Fourth Circuit 2018-08-02 Denied Response WaivedIFP criminal-procedure curative-instruction curative-instructions due-process evidence jury-bias jury-instructions kidnapping prejudice prejudicial-error rape witness-testimony Whether witness testimony about a rape committed by someone other than the defendant during a kidnapping creates prejudice that cannot be overcome by …
18-5348 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 …
18-5286 Odere Suleitopa v. United States Fourth Circuit 2018-07-20 Denied Response WaivedIFP circuit-court-conflict circuit-split civil-procedure evidence evidence-admissibility federal-rule-of-evidence-701 federal-rules-of-evidence law-enforcement law-enforcement-officer-testimony law-enforcement-testimony lay-witness-testimony opinion-testimony personal-knowledge personal-knowledge-requirement witness-testimony Whether Rule 701's personal knowledge' requirement permits law enforcement officers to offer lay opinion testimony regarding an investigation when the…
18-5281 Vincent Craig Mosley v. United States Fourth Circuit 2018-07-19 Denied Response WaivedIFP co-defendant compulsory-process confrontation-clause criminal-procedure criminal-trial drug-conspiracy due-process evidence evidence-admission plea-agreement plea-bargaining witness-testimony Whether a criminal defendant is entitled to see the plea agreements of non-testifying co-defendants and admit them into evidence