adverse-inference
9 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 25-7177 | Imad Eddin Wadi v. United States | Fifth Circuit | 2026-04-10 | Pending | IFP | adverse-inference confidential-informant criminal-conviction due-process exculpatory-evidence spoliation-of-evidence | Whether due process permits a criminal conviction to stand where the government's testifying confidential informant destroyed potentially exculpatory … |
| 25-7044 | Hector Torres-Espinoza v. United States | Ninth Circuit | 2026-03-17 | Pending | Response WaivedIFP | adverse-inference criminal-procedure criminal-trial evidence-admissibility fifth-amendment self-incrimination | Whether an affirmative verbal invocation of a Fifth Amendment right is admissible evidence of guilt at a criminal trial. |
| 25-5953 | Christopher Matthew Henderson v. Alabama | Alabama | 2025-10-24 | Denied | IFP | adverse-inference capital-murder criminal-sentencing fifth-amendment prosecutorial-conduct right-to-silence | In the sentencing phase of a capital trial, where the defendant exercises his right to remain silent and to plead not guilty, does the Fifth Amendment… |
| 24-883 | Molly Vogt, as Trustee for the Heirs and Next of Kin of Joshua Vogt, Deceased v. CO Robert Anderson, et al. | Eighth Circuit | 2025-02-18 | Denied | Amici (3) | adverse-inference circuit-split civil-procedure evidence-destruction spoliation summary-judgment | When a party destroys evidence "with the intent to deprive another party of the information's use in the litigation," Federal Rule of Civil Procedure … |
| 24A624 | Molly Vogt, as Trustee for the Heirs and Next of Kin of Joshua Vogt, Deceased v. CO Robert Anderson, et al. | Eighth Circuit | 2024-12-26 | Presumed Complete | adverse-inference civil-rights jury-trial section-1983 spoliation summary-judgment | Question not identified. | |
| 22-992 | Clay Melton Denton v. United States | Fifth Circuit | 2023-04-13 | Denied | adverse-inference criminal-procedure due-process evidence-spoliation exculpatory-evidence government-failure jury-instruction spoliation | If critical evidence, which is at a minimum potentially exculpatory, is lost as a result of government's failure to preserve it, when is a defendant e… | |
| 20-1104 | Irina Tesoriero v. Carnival Corporation, dba Carnival Cruise Line | Eleventh Circuit | 2021-02-11 | Denied | Response Waived | adverse-inference circuit-split civil-procedure discovery evidence evidentiary-standard federal-courts legal-sanction sanctions spoliation spoliation-of-evidence | Whether federal courts may grant an adverse inference as a sanction for negligent spoliation of evidence, as the Second, Sixth, and D.C. Circuits have… |
| 20-591 | Daniel Greer, Rabbi, et al. v. Eliyahu Mirlis | Second Circuit | 2020-11-03 | Denied | Response Waived | adverse-inference civil-procedure civil-rights due-process evidentiary-inference fifth-amendment privilege self-incrimination | 1. What factors determine whether an adverse inference may be drawn against a party to a civil action following the party's invocation of the Fifth Am… |
| 18-7812 | Raheem Wilcox v. New Jersey | New Jersey | 2019-02-07 | Denied | Response WaivedIFP | adverse-inference adverse-inference-charge civil-rights criminal-procedure criminal-procedure-discovery-rule-3:13-3 discovery discovery-rule due-process evidence new-trial-factual-predicate new-trial-standard post-conviction-relief pre-indictment-destruction pre-indictment-destruction-of-evidence retroactive-application teague-v-lane | The question in the case is whether, the New Jersey Supreme Court's decision in State v. W.B that clarified discovery rule 3:13-3, holding that the pr… |