acquittal
47 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 25-5921 | Frederick L. Brewer v. United States | Seventh Circuit | 2025-10-21 | Denied | Response WaivedIFP | acquittal criminal-sentencing double-jeopardy fifth-amendment judicial-discretion sixth-amendment | Whether the Fifth and Sixth Amendments prohibit a federal court from basing a criminal defendant's sentence on conduct for which a jury has acquitted … |
| 24-6966 | Mick J. Careaga v. United States | Ninth Circuit | 2025-04-10 | Denied | Response WaivedIFP | acquittal criminal-procedure due-process jury-verdict lesser-included-offense trial-by-jury | Whether the Due Process clause permits a court to ignore a jury's finding of Not Guilty on a lesser, necessarily included charge while accepting the s… |
| 24-1048 | Karen Read v. Superior Court of Massachusetts, Norfolk County, et al. | First Circuit | 2025-04-03 | Denied | Response Waived | acquittal constitutional-law criminal-procedure double-jeopardy jury-verdict retrial | Whether a final and unanimous, but unannounced, decision by a jury that the prosecution failed to prove a defendant guilty constitutes an acquittal pr… |
| 24-6318 | Marcus Crowder v. Georgia | Georgia | 2025-01-16 | Denied | Relisted (2)IFP | acquittal constitutional-law criminal-prosecution double-jeopardy fifth-amendment malice-murder | Whether the state of Georgia violates the Fifth Amendment's Double Jeopardy Clause when indicting in multiplicity offenses arising from a single act o… |
| 24-227 | John Kevin Woodward v. California, et al. | California | 2024-08-29 | Denied | Response RequestedResponse WaivedRelisted (5) | acquittal criminal-procedure double-jeopardy fifth-amendment judicial-interpretation substantial-evidence | Does the Supreme Court of California's narrow test for an 'acquittal' under the Fifth Amendment conflict with this Court's precedent? |
| 24-5287 | John Phillip Bender v. Texas | Texas | 2024-08-09 | Denied | Relisted (2)IFP | acquittal double-jeopardy federal-law jury-determination legal-proceedings record-review | Whether the Supreme Court must review the record truth of a federal double jeopardy acquittal from 2009 in light of subsequent proceedings |
| 23-7575 | Oscar Dillon, III v. United States | Eighth Circuit | 2024-05-28 | Denied | Response WaivedRelisted (2)IFP | acquittal acquitted-conduct criminal-culpability double-jeopardy federal-rules-of-evidence fifth-amendment rule-404(b) trial-procedure unrelated-charges | Whether the Fifth Amendment's Double Jeopardy Clause prohibits the introduction of acquitted criminal conduct under Rule 404(b) in a separate trial wh… |
| 23-6592 | Bernardito Carvajal, aka Christian Mendez-Acevedo v. United States | First Circuit | 2024-01-26 | Denied | Response WaivedIFP | acquittal constitutional-rights criminal-procedure due-process judicial-review jury-verdict sentencing sentencing-discretion unreasonable-sentence | Whether a sentencing judge may disregard a jury's acquittal and use rejected facts to justify a dramatic increase in the defendant's sentence |
| 23-6553 | Danjuan Antonio McBride v. Virginia | Virginia | 2024-01-24 | Denied | Response WaivedIFP | acquittal criminal-procedure directed-verdict double-jeopardy fifth-amendment retrial | Whether the Virginia Supreme Court erred in holding that the petitioner's Fifth Amendment right against double jeopardy was not violated |
| 23-5517 | Kamar Laquan Cox v. United States | Sixth Circuit | 2023-09-05 | Denied | Response WaivedIFP | acquittal criminal-sentencing double-jeopardy due-process fifth-amendment judicial-discretion jury-acquittal jury-trial sentencing sixth-amendment | Whether the Fifth and Sixth Amendments prohibit a federal court from basing a criminal defendant's sentence on conduct for which a jury has acquitted … |
| 23-5090 | Travis J. Brown v. California | California | 2023-07-13 | Denied | Response RequestedRelisted (3)IFP | acquittal appellate-jurisdiction constitutional-protections criminal-procedure double-jeopardy due-process fifth-amendment judicial-review mistrial procedural-error | Whether principles of double jeopardy protect a defendant from successive prosecutions of inconsistent verdicts contrary to Powell's analysis |
| 22-6736 | Justin D. Martin v. United States | Sixth Circuit | 2023-02-09 | Denied | Relisted (8)IFP | acquittal criminal-procedure criminal-sentencing double-jeopardy due-process fifth-amendment judicial-discretion jury-acquittal jury-trial sentencing sixth-amendment | Whether the Fifth and Sixth Amendments prohibit a federal court from basing a criminal defendant's sentence on conduct for which a jury has acquitted … |
| 22-6706 | Darin M. Ogden v. Idaho | Idaho | 2023-02-07 | Denied | Response WaivedIFP | acquittal criminal-procedure criminal-sentencing double-jeopardy due-process fourteenth-amendment jury-acquittal lewd-conduct sentencing united-states-v-watts | Whether the due process clause of the Fourteenth Amendment prohibits a state court from basing a criminal defendant's sentence on conduct for which a … |
| 22-721 | Damian McElrath v. Georgia | Georgia | 2023-02-02 | Judgment Issued | Amici (5)Relisted (7) | acquittal criminal-procedure criminal-prosecution double-jeopardy fifth-amendment jury-verdict prosecution repugnant-verdict repugnant-verdicts | Does the Double Jeopardy Clause prohibit a second prosecution for a crime of which a defendant was previously acquitted? |
| 22-5828 | DeShaun Bullock v. United States | Eighth Circuit | 2022-10-14 | Denied | Relisted (10)IFP | acquittal criminal-procedure criminal-sentencing double-jeopardy fifth-amendment judicial-discretion jury-acquittal sentencing sixth-amendment | Whether the Fifth and Sixth Amendments prohibit a federal court from basing a criminal defendant's sentence on conduct for which a jury has acquitted … |
| 22-5739 | LaTausha Simmons v. Michigan | Michigan | 2022-10-03 | Denied | IFP | acquittal appeal circuit-court constitutional-protection criminal-prosecution double-jeopardy insufficient-evidence jurisdiction michigan-supreme-court reconsideration | Whether the Michigan Supreme Court erred in concluding that the prohibition against double jeopardy did not apply in this case |
| 22-5106 | Kalvin Lamar Washington v. Michigan | Michigan | 2022-07-14 | Denied | IFP | acquittal court-forms criminal-procedure double-jeopardy due-process habeas-corpus indigent-petitioner jury-trial state-prosecution statutory-provisions | Can the state of Michigan violate the protection against a second prosecution for the same offense after an acquittal by repeatedly the acquittal refe… |
| 21-1576 | Timothy J. Smith v. United States | Eleventh Circuit | 2022-06-21 | Judgment Issued | Amici (5)Relisted (2) | acquittal circuit-split constitutional-right criminal-procedure double-jeopardy due-process reprosecution retrial trial-remedy venue | Whether the proper remedy for the government's failure to prove venue is an acquittal barring reprosecution of the offense |
| 21-7705 | Nolan Woods v. Florida Department of Corrections | Eleventh Circuit | 2022-04-26 | Denied | Response WaivedIFP | acquittal appellate-review constitutional-law criminal-procedure double-jeopardy due-process judgment-of-acquittal judicial-remedy re-prosecution | Whether this Court will create a bright-line rule delineating that the only cure for a double jeopardy violation caused by dual convictions of the sam… |
| 21-1317 | Rafi Wali McCall v. United States | Fifth Circuit | 2022-04-04 | Denied | Response WaivedRelisted (2) | acquittal constitutional-prohibition criminal-procedure double-jeopardy due-process judicial-finding jury-trial supervised-release | Does the United States Constitution prohibit a judge from revoking supervised release pursuant to 18 U.S.C. § 3583 based on a judicial finding that th… |
| 21-6851 | Joel Quiles v. Massachusetts | Massachusetts | 2022-01-14 | Denied | Response WaivedIFP | acquittal constitutional-rights criminal-conviction double-jeopardy due-process felony-murder fifth-amendment first-degree-murder trial-procedure | Did the defendant's conviction for first degree felony murder violate his constitutional right against double jeopardy? |
| 21-6834 | In Re Hosea Jackson | 2022-01-13 | Denied | IFP | acquittal aiding-and-abetting criminal-liability double-jeopardy fifth-amendment hobbs-act insufficient-evidence jeopardy judicial-precedent | Whether judicial precedent concerning double jeopardy defines an acquittal to encompass any ruling that the prosecutions proof is insufficient to esta… | |
| 21-6845 | In Re Willie S. Smith | 2022-01-13 | Denied | Relisted (2)IFP | acquittal appeal appellate-review constitutional-injury criminal-procedure due-process judgment-of-acquittal judicial-discretion legal-remedy usurpation-of-power | Is it clear and indisputable that respondent Judges have a duty to enter a judgement of acquittal pursuant to 'Ball' and Crim. Rule 29? | |
| 21-5894 | Jeffrey Richard Martinson v. Arizona | Arizona | 2021-10-05 | Denied | Response WaivedIFP | acquittal constitutional-law criminal-procedure double-jeopardy double-jeopardy-doctrine fifth-amendment new-trial prosecutorial-misconduct trial-court-dismissal | Whether the Double Jeopardy Clause bars retrial where the trial court dismissed the case with prejudice for bad faith prosecutorial misconduct after g… |
| 21-5138 | In Re Willie S. Smith | 2021-07-19 | Denied | Relisted (2)IFP | acquittal aedpa-review exceptional-circumstances finality-of-verdict habeas-corpus innocence-claim judicial-review jury-verdict non-capital-case statutory-interpretation | Whether transfer to the District Court for a hearing pursuant to this Court's original habeas jurisdiction is warranted in this exceptional non-capita… | |
| 20-8280 | Trent Slone v. United States | Seventh Circuit | 2021-06-11 | Denied | Response WaivedIFP | acquittal drug-possession due-process fifth-amendment firearms firearms-violation presumption-of-innocence sentencing | Does the presumption of innocence and the due process clause of the Fifth Amendment protect a defendant at a firearms violation sentencing when the go… |
| 20-1281 | Byron Dredd v. United States | Ninth Circuit | 2021-03-15 | Denied | Response Waived | 18-usc-1001 18-usc-1519 18-usc-241 acquittal civil-rights criminal-procedure double-jeopardy false-statements religious-communication trial-evidence | Whether petitioner's acquittals on two counts should have been admitted into evidence in petitioner's retrial |
| 20-5269 | Amadeo Valls v. Florida | Florida | 2020-08-05 | Denied | IFP | acquittal burglary criminal-procedure due-process jury-instructions mens-rea structural-error | Whether due process prohibits Florida from excluding mens rea instruction from burglary charges or whether it is structural error for trial courts to … |
| 19-8915 | Robert Eugene Glassgow v. United States | Eighth Circuit | 2020-07-08 | Denied | Response WaivedIFP | 28-usc-2255 acquittal aedpa court-of-appeals criminal-procedure double-jeopardy due-process habeas-corpus post-conviction-relief presumption-of-innocence sentencing | Whether defendants' convictions under 18 U.S.C. 924(c) should be vacated |
| 19-1453 | Michigan v. Gerald Raynard Fuller | Michigan | 2020-07-02 | Denied | acquittal acquittal-consideration acquitted-conduct conflict-of-authority criminal-procedure due-process federal-circuits judicial-discretion preponderance-of-evidence sentencing sentencing-guidelines sentencing-standards state-courts | Should this Court grant certiorari to settle the conflict of authority between state courts and the federal circuits, and among state courts themselve… | |
| 19-7587 | Lannon Lavar Burdunice v. Minnesota | Minnesota | 2020-02-07 | Denied | Response WaivedIFP | acquittal batson bias character-evidence circumstantial-evidence constitutional-rights criminal-law double-jeopardy due-process evidence incomplete-jury-verdict insufficient-evidence intent-to-kill judicial-error judicial-misconduct jury-instructions jury-verdict prior-convictions prosecutorial-misconduct right-to-be-present right-to-present-defense second-degree-murder weight-of-evidence | Must my conviction for second degree intentional murder be vacated and a judgement of acquittal entered |
| 19-7215 | Jerry Jabbari Rhodes v. United States | Fourth Circuit | 2020-01-08 | Denied | IFP | acquittal constitutional-rights criminal-procedure double-jeopardy due-process judicial-sentencing jury-trial sentencing sixth-amendment watts-decision | Is it reasonable and constitutional to sentence a defendant on facts for which a jury found the same defendant not guilty? |
| 19-7001 | Haji Bagcho, aka Haji Bagh Chagul, aka Haji Bagchagul v. United States | District of Columbia | 2019-12-18 | Denied | IFP | acquittal criminal-procedure due-process fifth-amendment jury-selection jury-selection-and-service-act racial-bias racial-discrimination sixth-amendment | Whether a criminal defendant can be denied time to inspect jury records where the jury office's policy prohibited earlier observation of the venire or… |
| 19-6699 | Andrew McWhorter v. Indiana | Indiana | 2019-11-20 | Denied | Response WaivedIFP | acquittal amended-charges charging-information criminal-procedure deadly-weapon double-jeopardy due-process fifth-amendment jury | Whether the Double Jeopardy Clause of the Fifth Amendment barred the State of Indiana from 'retrying' Petitioner |
| 19-6528 | Royce C. Gouveia v. Nolan Espinda, Director, Hawaii Department of Public Safety, et al. | Ninth Circuit | 2019-11-06 | Denied | IFP | acquittal constitutional-law criminal-procedure double-jeopardy double-jeopardy,criminal-procedure,jury,verdict,ac jury jury-verdict retrial verdict | Does a jury's execution of a verdict form acquitting the defendant, and announcement that it has reached a verdict, suffice to erect a double jeopardy… |
| 19-6413 | Ricky Langley v. Howard Prince, Warden | Fifth Circuit | 2019-10-28 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | acquittal ashe-v-swenson collateral-estoppel constitutional-law criminal-procedure double-jeopardy due-process habeas-corpus jury-verdict | Whether a jury's failure to return a verdict has collateral estoppel effect |
| 19-489 | Lawrence G. Hutchins, III v. United States | Armed Forces | 2019-10-15 | Denied | Response Waived | acquittal collateral-estoppel conspiracy criminal-charge criminal-charges criminal-procedure double-jeopardy issue-preclusion military-justice retrial | Whether the right under the Double Jeopardy Clause to the issue preclusive effect of an acquittal applies where precluded and un-precluded facts are a… |
| 19-5260 | Michael Levon Jackson v. United States | Eleventh Circuit | 2019-07-19 | GVR | IFP | 18-usc-922g acquittal constitutional-law constitutional-rights criminal-procedure due-process element-of-crime jury-instruction jury-instructions jury-unanimity reasonable-doubt sentencing | Does an inaccurate jury instruction on an element of a crime violate due process of law? |
| 19-37 | Matthew Freeman v. Texas | Texas | 2019-07-03 | Denied | acquittal constitutional-rights criminal-procedure double-jeopardy due-process fourteenth-amendment judgment-of-acquittal successive-prosecution successive-prosecutions | Whether placing the Petitioner in a position to be twice tried for the same offense after a judgment of acquittal violates Petitioner's constitutional… | |
| 18-9243 | Chima Edozie Aligwekwe v. United States | Eleventh Circuit | 2019-05-13 | Denied | Response WaivedIFP | acquittal double-jeopardy due-process judicial-discretion jury-trial restitution sentencing sixth-amendment | Whether the right to a jury trial as guaranteed by the Sixth Amendment is violated when a district court increases the defendant's prison sentence and… |
| 18-8456 | Roberto Miramontes Roman v. United States | Tenth Circuit | 2019-03-19 | Denied | IFP | 18-USC-924(c)(1)(A) acquittal conviction criminal-procedure double-jeopardy Double-Jeopardy-Clause drug-trafficking due-process federal-prosecution Firearm-Possession firearm-statute Prosecution state-court-acquittal state-federal-prosecution statutory-interpretation | Did it violate the Double Jeopardy Clause for the United States to prosecute Mr. Roman for the same offense and conduct for which he was acquitted in … |
| 18-8378 | Garron T. Briggs v. United States | Eighth Circuit | 2019-03-11 | Denied | Response WaivedIFP | acquittal constitutional-rights criminal-procedure due-process guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-proceeding plea-bargaining prejudice prejudice-prong reasonable-probability right-to-trial strickland-v-washington | Whether the district court's ruling, which implies that when a petitioner successfully proves that his counsel was ineffective, that petitioner must t… |
| 18-8138 | Joseph Hughes v. Dan Schnurr, Warden | Kansas | 2019-02-27 | Denied | IFP | acquittal acquittal-implications civil-rights constitutional-rights criminal-procedure double-jeopardy due-process second-prosecution sex-offender-management sexual-offender sexual-offender-registration state-authority | How can the State of Kansas manage me as a sexual offender when I was found acquitted of rape by a jury? |
| 18-8123 | In Re Ronnie Lee Fagan | 2019-02-25 | Denied | Response WaivedIFP | acquittal constitutional-rights criminal-procedure criminal-trial defense-counsel double-jeopardy mistrial right-to-counsel sixth-amendment | Whether the trial court's exclusion of defense counsel denied the defendant an opportunity to be heard or object to the discharge of the jury, prejudi… | |
| 18-809 | Curtis T. Lovelace v. Illinois | Illinois | 2018-12-26 | Denied | Amici (4)Response RequestedResponse WaivedRelisted (2) | acquittal bail-bond bail-bond-forfeiture clerk-of-courts due-process due-process,excessive-fines,equal-protection,bail- equal-protection excessive-fines fifth-amendment fourteenth-amendment | Whether charging a person who was tried and acquitted a $35,000 bail bond forfeiture, not related to individualized costs or compliance with bail bond… |
| 18-5388 | Albert William Roberts, III v. United States | Eighth Circuit | 2018-07-30 | Denied | Response WaivedRelisted (2)IFP | acquittal acquitted-conduct criminal-procedure double-jeopardy-clause due-process relevant-conduct sentencing sixth-amendment united-states-v-watts watts-precedent | Can acquitted conduct continue to be used at sentencing? |
| 18-82 | Tamara Cotman and Angela Williamson v. Georgia | Georgia | 2018-07-17 | Denied | Response Waived | acquittal criminal-procedure double-jeopardy double-jeopardy,fifth-amendment,criminal-procedure fifth-amendment jury jury-trial nonunanimous-verdict sixth-amendment sixth-amendment,criminal-procedure,jury,due-proces unanimous-verdict Whether the Double Jeopardy Clause of the Fifth Am | Whether it is a Violation of the Sixth Amendment for a jury in a criminal case to return a nonunanimous verdict |