| 18-8827 |
David McShan v. United States |
Sixth Circuit |
2019-04-15 |
Denied |
Response WaivedIFP |
berger-standard berger-v-united-states criminal-procedure due-process evidence evidence-fabrication jury-bias nelson-v-colorado presumption-of-innocence prosecutorial-misconduct sentencing trial-fairness |
Where the government's case against a defendant is extremely weak, does the prosecutor's persistent misconduct during trial by making improper insinua… |
| 18-6524 |
Brian Thomas, aka O'Brian A. Thomas, aka Thomas A. O'Brian v. United States |
Fifth Circuit |
2018-10-31 |
Denied |
Response WaivedIFP |
appellate-standard berger-standard berger-v-united-states berger-v-us due-process fair-trial fifth-circuit harmless-error judicial-review jury-bias jury-misconduct procedural-violation prosecutorial-misconduct standard-of-review |
Whether the Fifth Circuit courts violated Berger v US after it conceded that the violations had occurred but deciding that it was 'implausible that it… |
| 18-6399 |
Marcos Perez-Trevino v. United States |
Eighth Circuit |
2018-10-23 |
Denied |
Response WaivedIFP |
berger-v-united-states circuit-split closed-container closed-containers conspiracy drug-conspiracy due-process fifth-amendment fifth-amendment-due-process florida-v-wells fourth-amendment fourth-amendment-search-and-seizure indictment inventory-search law-enforcement-policy material-variance probable-cause shared-interest Whether a material variance exists where the gover written-policy |
Whether the officer conducted a valid inventory search of a closed container without a written policy governing such searches |
| 18-492 |
David Souza v. California |
California |
2018-10-17 |
Denied |
Response Waived |
berger-standard berger-v-united-states constitutional-rights due-process false-testimony fourteenth-amendment napue-v-illinois napue-violation preliminary-hearing pretrial-proceedings prosecutorial-misconduct |
Does the state prosecutor's failure to acknowledge and correct false/misleading testimony at a preliminary hearing violate due process? |
| 18-6190 |
Simone Swenson v. United States |
Fifth Circuit |
2018-10-03 |
Denied |
Response WaivedIFP |
berger-v-united-states brady-v-maryland brady-violation deference-to-district-court due-process fifth-circuit-review indictment-dismissal judicial-deference judicial-discretion prosecutorial-misconduct structural-error supervisory-powers |
Did the Fifth Circuit err in reinstating the indictment despite the district court's finding that the prosecutor's misconduct destroyed the integrity … |