| 24-5648 |
Aramian Scott v. Illinois |
Illinois |
2024-09-26 |
Denied |
IFP |
aggravating-factor constitutional-rights criminal-procedure due-process sentence-enhancement subject-matter-jurisdiction |
Whether a 25-year sentence enhancement is void due to lack of subject matter jurisdiction, insufficient notice, and failure to submit an aggravating f… |
| 23-7727 |
Everett G. Miller v. Florida |
Florida |
2024-06-14 |
Denied |
IFP |
aggravating-factor constitutional-challenge constitutional-law cruel-and-unusual-punishment death-penalty due-process first-degree-murder florida-supreme-court sentencing-statute |
Whether the Florida Supreme Court's expansion of the applicability of the CCP aggravating factor has rendered Florida's death penalty scheme unconstit… |
| 21-5515 |
Kenneth Hairston v. Pennsylvania |
Pennsylvania |
2021-08-30 |
Denied |
IFP |
aggravating-factor criminal-procedure death-penalty felony-convictions ineffective-assistance prosecutorial-misconduct victim-impact victim-impact-testimony |
Did trial counsel provide ineffective assistance by failing to object to the prosecutor's improper argument regarding victim impact testimony used to … |
| 20-8048 |
James Terry Colley, Jr. v. Florida |
Florida |
2021-05-17 |
Denied |
IFP |
14th-amendment 8th-amendment aggravating-factor constitutional-challenge cruel-and-unusual-punishment death-penalty due-process first-degree-murder florida-supreme-court sentencing-scheme |
Whether Florida's death penalty scheme is unconstitutional as applied because the Florida Supreme Court's expansion of the 'especially heinous, atroci… |
| 20-7592 |
Alan Eugene Miller v. Jefferson S. Dunn, Commissioner, Alabama Department of Corrections |
Eleventh Circuit |
2021-03-29 |
Denied |
IFP |
aggravating-factor aggravating-factors caldwell-v-mississippi capital-sentencing death-penalty eighth-amendment jury-instructions jury-verdict sixth-amendment |
Whether the Eighth Amendment allows a jury's non-unanimous advisory verdict to serve as the predicate for a death sentence, when the jurors were told … |
| 19-7759 |
Lyarron T. Emers v. Illinois |
Illinois |
2020-02-24 |
Denied |
Response WaivedIFP |
5th-amendment aggravating-factor constitutional-rights due-process fifth-amendment pre-sentence-investigation right-to-remain-silent right-to-silence sentencing sentencing-discretion |
Question not identified |
| 19-7711 |
John Patrick Vescuso v. United States |
Ninth Circuit |
2020-02-19 |
Denied |
Response WaivedIFP |
aggravating-factor apprendi apprendi-error circuit-split criminal-procedure indictment prejudice sentencing |
Whether a sentence greater than the maximum authorized by the charge in the indictment requires reversal without regard to the trial evidence |
| 19-697 |
James Dwight Pavatt v. Tommy Sharp, Interim Warden |
Tenth Circuit |
2019-12-03 |
Denied |
Amici (2) |
aggravating-factor aggravating-factors arbitrary-application capital-punishment capital-punishment-sentencing capital-sentence cruel-and-unusual-punishment death-penalty eighth-amendment fourteenth-amendment habeas-corpus procedural-bar procedural-ruling |
Whether a State's application of an aggravating factor to justify the death penalty violates the Eighth and Fourteenth Amendments when it makes punish… |
| 18-9219 |
Yaqob Tafan Thomas v. Joseph P. Meko, Warden |
Sixth Circuit |
2019-05-09 |
Denied |
Response WaivedIFP |
aggravating-factor alternative-means burden-of-proof constitutional-challenge constitutional-scrutiny due-process jury-instructions presumption richardson-v-us-schad-v-arizona |
Does it violate the due process clause when a state intentionally refuses to define every elemental fact in 'alternative means' statute thereby creati… |
| 18-6590 |
Salah Mohamed v. United States |
Fourth Circuit |
2018-11-07 |
Denied |
Response WaivedIFP |
abuse-of-discretion aggravating-factor due-process escape flight-risk immigration naturalization naturalized-defendant sentencing-discretion sentencing-guidelines statutory-maximum |
Does a court abuse its discretion under the United States Sentencing Guidelines by sentencing a naturalized defendant more than three times above his … |