burden-of-proof

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Case Title Lower Court Docketed Status Flags Tags Question Presented
25-919 Union Carbide Corporation, et al. v. Lee Ann Sommerville Fourth Circuit 2026-02-04 Pending admissibility burden-of-proof evidentiary-standard expert-witness federal-rules-of-evidence judicial-circuit-split Whether, under Federal Rule of Evidence 702, challenges to the factual basis of an expert witness's testimony always go to the weight of the evidence …
25-6469 Charles Grim Rudolph v. United States Eleventh Circuit 2026-01-02 Pending Response WaivedIFP burden-of-proof constructive-possession criminal-firearms-offense dominion-and-control felon-in-possession reasonable-doubt In a prosecution for knowing possession of a firearm and ammunition by a convicted felon, does the government satisfy its burden of proof beyond a rea…
25A738 Gerald Kemondre Taylor v. United States Fourth Circuit 2025-12-22 Application arms-bearing-conduct bruen-test burden-of-proof historical-tradition machinegun-ban second-amendment Question not identified.
25-6397 Mark Dyer v. United States Sixth Circuit 2025-12-18 Pending Response WaivedRelisted (2)IFP burden-of-proof conspiracy criminal-intent drug-distribution statutory-interpretation supreme-court-precedent Whether a conspiracy conviction under 21 U.S.C. § 846 predicated on the § 841 unlawful distribution offense requires proof beyond a reasonable doubt t…
25-6404 JT Myore v. United States Eighth Circuit 2025-12-18 Pending Response WaivedIFP burden-of-proof criminal-jury-instructions due-process homicide-prosecution lesser-included-offense voluntary-manslaughter Under federal law, murder is defined as "the unlawful killing of a human being with malice aforethought." 18 U.S.C. § 1. Voluntary manslaughter is def…
25-6341 Selvin Edgardo Molina-Guzman v. United States Fifth Circuit 2025-12-11 Denied Response WaivedIFP burden-of-proof criminal-procedure due-process judicial-discretion presentence-report sentencing If a federal criminal defendant fails to present rebuttal evidence, is the district court is free to adopt the Presentence Report's findings without f…
25-684 Malcolm Curtis, et ux. v. Department of the Treasury, et al. Ninth Circuit 2025-12-11 Denied Response Waived burden-of-proof due-process equal-protection income-reporting judicial-presumption tax-law Whether granting the IRS a judicial presumption of correctness violates due process and equal protection in a case where a taxpayer is accused of not …
25-6132 Wesley Mark Sudbury v. United States Ninth Circuit 2025-11-17 Denied Response WaivedIFP burden-of-proof congressional-intent evidence-law fundamental-rights legal-procedure statutory-interpretation 1. Whether a mandatory statute enacted by Congress to protect an important fundamental right titled Prohibition of use as evidence of intercepted wir…
25-570 Agilent Technologies, Inc. v. Synthego Corp. Federal Circuit 2025-11-13 Pending Response RequestedResponse Waived anticipation burden-of-proof enablement patent-validity printed-publications prior-art 1. Should printed publications be presumed to be enabling when a party challenging the validity of issued patent claims asserts that a printed publ…
25-494 Christopher A. Rogalski v. Pennsylvania Department of Education, et al. Pennsylvania 2025-10-22 Denied Response WaivedRelisted (2) administrative-discipline burden-of-proof confrontation-rights due-process educators-rights first-amendment 1. Do educators have the basic First Amendment right to communicate with their students free of a presumption that by doing so they are engaged in "…
25-439 Karl Tobien v. Nationwide General Insurance Company Sixth Circuit 2025-10-10 Denied affirmative-defense burden-of-proof civil-procedure legal-standard non-patent-case venue Whether a defendant who raises the affirmative defense of improper venue in a non-patent case bears the burden of proving that venue is improper.
25-5851 Christopher Lynn Johnson v. Pennsylvania Pennsylvania 2025-10-09 Denied IFP burden-of-proof constitutional-error criminal-procedure due-process ineffective-assistance structural-error Does an attorney's failure to object to unconstitutional instructions that relieve the Commonwealth of its burden of disproving an accused's defense b…
25A389 InfoDeli, LLC, a Missouri LLC, et al. v. Western Robidoux, Inc., a Missouri Corporation, et al. Eighth Circuit 2025-10-03 Presumed Complete burden-of-proof copyright-law expert-testimony pleading-standards saas-services software-copyright Whether the Eighth Circuit's interpretation of copyright law for software and SaaS services improperly shifts the burden of proof and pleading standar…
25-5716 Jesus Meraz-Ramirez v. United States Fifth Circuit 2025-09-24 Denied Response WaivedIFP burden-of-proof criminal-procedure felony-conviction immigration-law jury-trial sentencing-enhancement Whether the existence of a pre-removal felony conviction under 8 U.S.C. § 1326(b) is an element of an enhanced offense that must be proven to a jury b…
25-187 Serafim Georgios Katergaris v. City of New York, New York Second Circuit 2025-08-15 Denied Response RequestedResponse WaivedRelisted (2) burden-of-proof circuit-split evidentiary-presumption federal-rule-of-evidence mailbox-rule state-law-preemption In 2021, Petitioner discovered that New York City had issued him a notice of violation in 2015. When he filed this lawsuit to challenge the constituti…
25-5144 Gregory Michael Hawes v. Seth Norris, Warden Wyoming 2025-07-17 Denied Response WaivedIFP burden-of-proof circuit-split constitutional-rights criminal-procedure due-process mandatory-minimum Whether this Court should resolve a 9'8 split amongst State Courts of Last Resort, when rulings, influenced by this Courts decisions, unconstitutional…
25-5024 Roy Glenn Reay v. Seth Norris, Warden Wyoming 2025-07-03 Denied Response WaivedIFP burden-of-proof due-process fourteenth-amendment kidnapping-statute sentencing-enhancement sixth-amendment The Wyoming Supreme Court has consistently decided an important federal question in a way that conflicts with the decision of other state courts of la…
25-5002 Juan Carlos Garridoaguilar v. California California 2025-07-01 Denied IFP burden-of-proof criminal-procedure fourth-amendment search-and-seizure traffic-stop warrantless-search A police officer recovered a firearm when he conducted a warrantless search of the passengers of a car stopped for a registration violation. Was it er…
24-7493 Christopher David Harrell v. Seth Norris, Warden Wyoming 2025-06-25 Denied Response WaivedIFP burden-of-proof due-process fourteenth-amendment kidnapping-statute sentencing-enhancement sixth-amendment Whether the Wyoming Supreme Court's interpretation of kidnapping statutes unconstitutionally reallocates the burden of proof and violates due process …
24-7439 In Re Terron Dizzley 2025-06-17 Denied Relisted (2)IFP burden-of-proof criminal-trial double-jeopardy fifth-amendment judicial-discretion trial-court-jurisdiction Did the trial court exceed its jurisdiction in violation of the Fifth Amendment's Double Jeopardy Clause by trying Mr. Dizzley a second time for the c…
24-7373 Natnael Zemene v. Massachusetts Massachusetts 2025-06-06 Denied Response WaivedIFP burden-of-proof criminal-procedure double-jeopardy due-process fifth-amendment second-amendment Whether the Fifth Amendment's double jeopardy clause protects an individual from subsequent prosecution when insufficient evidence was produced to reb…
24-1241 Adam Kelnhofer v. United States Armed Forces 2025-06-05 Denied Response Waived burden-of-proof constitutional-inference drug-testing due-process military-law scientific-evidence Whether the inference allowing a trier of fact to find knowing use of a drug based solely on the presence of a metabolite in a defendant's body, even …
24-7302 Sterling Atkins, Jr. v. Jeremy Bean, Warden, et al. Ninth Circuit 2025-05-28 Denied IFP burden-of-proof criminal-procedure due-process ineffective-assistance strickland-standard trial-counsel Can a claim of ineffective assistance of counsel be denied on the basis of an alleged failure to show what trial counsel did rather than what they fai…
24-7289 Fidel Saldana Rodriguez v. United States Fifth Circuit 2025-05-27 Denied Response WaivedIFP appellate-review burden-of-proof criminal-conviction evidence-sufficiency inference-standard reasonable-doubt Whether evidence that requires a series of inferences to reach an element of an offense, rather than showing the element directly or after a single in…
24-7278 Malik J. Moss v. United States Third Circuit 2025-05-22 Denied Response WaivedIFP burden-of-proof constitutional-rights due-process fact-finding fifth-amendment sentencing Was Petitioner's Fifth Amendment due process right violated when the Sentencing Court relieved the Government of its constitutionally mandated burden …
24-7205 Oscar Pliego-Pineda v. United States Fourth Circuit 2025-05-14 Denied Response WaivedIFP burden-of-proof criminal-procedure evidence-standard federal-sentencing-guidelines leadership-role sentencing-enhancement Whether a Leadership Sentencing Enhancement Is Erroneous Without Evidence That a Defendant Supervised any Specific Individual
24-1150 Clyde O. Carter, Jr. v. Lori Chavez-DeRemer, Secretary of Labor, et al. Eighth Circuit 2025-05-09 Denied Response Waived administrative-law burden-of-proof employment-retaliation federal-railroad-safety-act judicial-review whistleblower-protection Whether the burden of proof in a Federal Railroad Safety Act whistleblower complaint is prima facie or preponderance of evidence
24-7082 Edgar Llausas-Silva v. United States Ninth Circuit 2025-04-28 Denied Response WaivedIFP burden-of-proof criminal-procedure judicial-review prosecutorial-discretion safety-valve sentencing Whether the district court improperly relied upon the subjective belief of the prosecutor without support in the record that petitioner lied when he p…
24-7074 Miguel Angel Ortiz v. Texas Texas 2025-04-25 Denied IFP burden-of-proof constitutional-law criminal-procedure due-process element-of-offense jury-instruction Whether the language in a recurring jury instruction violates due process by failing to prove every element of the offense charged
24-1090 Ryan C. Patterson v. United States Ninth Circuit 2025-04-21 Denied Response Waived bank-deposits burden-of-proof criminal-procedure evidence-disclosure rule-16 tax-evasion Whether the government can establish tax evasion through bank deposits method testimony without preserving underlying analysis for defendant's review
24-1089 Feanyichi E. Uvukansi v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2025-04-18 Denied Response RequestedResponse WaivedRelisted (2) burden-of-proof due-process habeas-corpus materiality-standard perjured-testimony prosecutorial-misconduct Whether the state courts improperly required the petitioner to prove the materiality of perjured testimony and disregarded precedent on prosecutorial …
24-6995 Preston Alton Strong v. Arizona Arizona 2025-04-15 Denied IFP burden-of-proof due-process external-evidence judicial-error jury-misconduct trial-procedure Did the Arizona Supreme Court err by shifting the burden of proof of harm to the defendant after a juror was exposed to inadmissible external evidence…
24-1052 Open Justice Baltimore, et al. v. Baltimore City Law Department, et al. Fourth Circuit 2025-04-07 Denied Amici (1)Response Waived alternative-explanation burden-of-proof civil-procedure motion-to-dismiss plausibility-threshold pleading-standard Whether a defendant who offers a competing alternative explanation for conduct alleged in a plaintiff's complaint bears the burden of showing that the…
24-1045 City of Los Angeles, California v. Jesus Pimentel, et al. Ninth Circuit 2025-04-01 Denied Response Waived 42-usc-1983 burden-of-proof eighth-amendment excessive-fines gross-disproportionality prima-facie-case Does a government defending against an Eighth Amendment excessive fines claim under 42 U.S.C. § 1983 bear a burden to produce affirmative evidence tha…
24-6877 Amanda M. v. Illinois Illinois 2025-03-27 Denied Response WaivedIFP burden-of-proof child-custody constitutional-rights due-process hearsay-evidence parental-rights Can a state terminate a parent's constitutional right to raise her child based solely on hearsay evidence, where the state's burden of proof at a fitn…
24-1014 Pedro Ortiz Romero v. Puerto Rico Fiscal Agency and Financial Advisory Authority, et al. First Circuit 2025-03-24 Denied age-discrimination burden-of-proof disparate-impact eeoc-regulation employment-law reasonable-factors Whether an employee alleging disparate impact under the ADEA bears the burden of persuasion on the 'reasonable factors other than age' defense
24-6720 Leroy Harold White, Jr. v. United States Fifth Circuit 2025-03-07 Denied Response WaivedIFP burden-of-proof criminal-defendants deportation extraneous-offenses fifth-amendment sixth-amendment Do the Fifth and Sixth Amendments afford criminal defendants the same burden of proof for extraneous offenses as convicted aliens receive at deportati…
24-951 Sergeant Fred Cueto, et al. v. Hasmik Jasmine Chinaryan, Individually and as Guardian ad Litem for NEC, a Minor, et al. Ninth Circuit 2025-03-05 Denied Response Waived appellate-review burden-of-proof civil-procedure harmless-error judicial-review standard-of-review Does the appellant bear the burden of proving prejudicial error in a civil case, or does the burden shift to the appellee to demonstrate harmless erro…
24-6628 Adrin Smack v. Bernadette Mason, Superintendent, State Correctional Institution at Mahanoy, et al. Third Circuit 2025-02-24 Denied Response WaivedIFP burden-of-proof disputed-facts due-process fourteenth-amendment preponderance-of-evidence sentencing Was Petitioner's Fourteenth Amendment due process right violated when a Delaware State Sentencing Court applied a minimal indicia of reliability burde…
24-902 Ruel M. Hamilton v. United States Fifth Circuit 2025-02-21 Denied appellate-review burden-of-proof constitutional-law criminal-procedure double-jeopardy jury-verdict Must a defendant arguing double jeopardy preclusion prove to a virtual certainty that an issue was decided by the jury in the first trial?
24-6586 Landon Hank Black v. Tennessee Tennessee 2025-02-18 Denied Response RequestedResponse WaivedRelisted (7)IFP burden-of-proof constitutional-limits criminal-procedure due-process jury-instructions second-degree-murder Did the jury instructions imposing a burden of proving innocence of second-degree murder beyond a reasonable doubt violate due process precedents
24-866 Converter Manufacturing, LLC v. Tekni-Plex, Inc. Federal Circuit 2025-02-13 Denied administrative-law burden-of-proof patent-enablement patent-validity prior-art statutory-interpretation Whether the patent challenger bears the burden of proving enablement of prior art under Sections 102 and 103 of the Patent Act
24-6463 Noel Vincent Thomas v. Alabama Law Enforcement Agency, et al. Florida 2025-02-04 Dismissed Response WaivedIFP burden-of-proof failure-to-state-claim pleading-standards res-judicata statute-of-limitations trial-court-discretion Whether the trial court erred in dismissing the case for failure to state a claim, statute of limitations, and res judicata, and whether the court abu…
24A676 Mark Tomas Regan v. Massachusetts Massachusetts 2025-01-10 Presumed Complete burden-of-proof criminal-procedure double-jeopardy due-process firearms-possession second-amendment Whether the Second Amendment, due process clause, and Fifth Amendment protection against double jeopardy prohibit retrial of a defendant on firearms p…
24A677 NexPoint Asset Management, L.P., fka Highland Capital Management Fund Advisors, L.P., et al. v. Highland Capital Management, L.P. Fifth Circuit 2025-01-10 Presumed Complete bankruptcy-litigation burden-of-proof credibility-determination oral-agreement summary-judgment testimonial-evidence Whether a federal appellate court may improperly weigh testimonial evidence and draw adverse credibility inferences when reviewing a summary judgment …
24-6121 Jason Campion v. United States Fifth Circuit 2024-12-11 Denied Response WaivedIFP burden-of-proof categorical-approach federal-definition overbreadth-doctrine state-prosecution statutory-interpretation Whether a defendant must demonstrate an 'actual case' of overbroad prosecution when challenging a state statute under the categorical approach
24-6016 Santiago Parks Howard-Rios v. United States Fifth Circuit 2024-11-21 Denied Response WaivedIFP burden-of-proof criminal-procedure defendant-rights indictment jury-trial statutory-maximum Whether all facts that increase a defendant's statutory maximum must be pleaded in the indictment and either admitted by the defendant or proven to a …
24-5893 Mahlon Prater, Jr. v. United States Sixth Circuit 2024-11-05 Denied Response RequestedResponse WaivedRelisted (2)IFP burden-of-proof circuit-split conspiracy-charges constitutional-law criminal-procedure double-jeopardy Whether courts should assess the degree of difference or overlap between charged conspiracies to determine a double jeopardy violation
24-5862 Ismael Hernandez-Hernandez v. United States Fifth Circuit 2024-10-31 Denied Response WaivedIFP burden-of-proof criminal-procedure indictment jury-trial prior-conviction statutory-maximum Whether all facts that increase a defendant's statutory maximum must be pleaded in the indictment and proven to a jury beyond a reasonable doubt
24-478 Omnisun Azali v. Ohio Ohio 2024-10-30 Denied Amici (1)Response Waived appellate-review burden-of-proof constitutional-rights criminal-procedure self-defense sufficiency-of-evidence Does express statutory permission to act in self-defense trigger Sixth and Fourteenth Amendment protections requiring prosecutors to prove beyond a re…
24-463 Marta Sanchez, et al. v. Anthony Guzman, et al. Tenth Circuit 2024-10-24 Denied affirmative-defense burden-of-proof civil-rights governmental-defendants legal-standard qualified-immunity Whether a civil rights plaintiff bears the burden of disproving the affirmative defense of qualified immunity for governmental defendants or whether g…
24A389 Union Pacific Railroad Company v. Robert Anthony Zaragoza Fifth Circuit 2024-10-22 Presumed Complete american-pipe-tolling burden-of-proof civil-procedure class-action class-certification statute-of-limitations Whether a plaintiff seeking to benefit from American Pipe tolling must definitively demonstrate inclusion in a previously decertified class definition…
24-375 Leonard Carroll, et ux. v. Kendra Ross Fourth Circuit 2024-10-02 Denied Response Waived burden-of-proof constitutional-rights due-process private-citizen-standing service-of-process subject-matter-jurisdiction Whether a private citizen has standing to bring a claim in federal court when alleging misconduct by a law firm and challenging court jurisdiction bas…
24-5684 Raunel Garcia-Suarez v. United States Fifth Circuit 2024-10-01 Denied Response WaivedIFP burden-of-proof criminal-procedure defendant-rights indictment jury-trial statutory-maximum Whether all facts that increase a defendant's statutory maximum must be pleaded in the indictment and either admitted by the defendant or proven to a …
24A288 Matthew P. Leipart v. United States Armed Forces 2024-09-23 Presumed Complete burden-of-proof court-martial ineffective-assistance military-justice prosecutorial-misconduct uniform-code-of-military-justice Whether a military prosecutor's reference to a defendant's guilty plea during closing arguments constitutes reversible error when the military judge i…
24A174 Omnisun Azali v. Ohio Ohio 2024-08-14 Presumed Complete burden-of-proof criminal-procedure fourteenth-amendment self-defense sixth-amendment sufficiency-of-evidence Whether the Sixth and Fourteenth Amendments require the State to prove beyond a reasonable doubt that a defendant was not acting in lawful self-defens…
24-5226 Terry Dwayne Jones v. United States Fourth Circuit 2024-08-05 Denied Response WaivedIFP burden-of-proof fourth-amendment law-enforcement pacing probable-cause search-and-seizure speed-estimation traffic-stop warrantless-search Whether an officer's invocation of 'pacing' as a basis for a traffic stop, without any ability to show how he was trained to use such a technique or w…
24-5189 Brandon Alexander v. Ohio Ohio 2024-07-31 Denied Response WaivedIFP burden-of-proof direct-appeal evidence-admission harmless-error inadmissible-evidence ineffective-assistance-of-counsel prejudice-standard sixth-amendment When a defendant asserts IAC on direct appeal in Ohio for failing to object to inadmissible evidence and is able to demonstrate deficient performance,…
24-5194 George Henry Purdy, III v. United States Fifth Circuit 2024-07-31 Denied Response RequestedResponse WaivedRelisted (2)IFP 2nd-amendment burden-of-proof constitutional-challenge criminal-procedure due-process presentence-report second-amendment sentencing standing statutory-interpretation Whether 18 U.S.C. §922(g)(1) comports with the Second Amendment?
24-5154 Joel Jacobo Sanchez v. Brandon Kelly Ninth Circuit 2024-07-26 Denied Response WaivedIFP aggravated-murder aiding-and-abetting burden-of-proof due-process ineffective-assistance ineffective-assistance-of-counsel intent-standard jury-instruction natural-probable-consequences post-conviction-relief Was petitioner's post-conviction counsel ineffective for not arguing that petitioner's trial counsel failed object to a 'natural and probable conseque…
24-5116 Mohamad Jamal Khweis v. United States Fourth Circuit 2024-07-19 Denied Response WaivedIFP appellate-review burden-of-proof criminal-history-category due-process federal-crime-of-terrorism offense-level sentencing-guidelines sentencing-guidelines-enhancement sentencing-paradigm terrorism-enhancement Whether the Terrorism Enhancement under U.S.S.G. §3A1.4 was properly applied when the evidence failed to prove the defendant's conduct met the statuto…
24-67 Tammie L. Terrell v. Denis R. McDonough, Secretary of Veterans Affairs Eleventh Circuit 2024-07-19 Denied Response Waived age-discrimination-in-employment-act burden-of-proof but-for-causation causation differential-treatment employment-discrimination federal-employment personnel-action retaliation title-vii Whether differential treatment must contribute to the ultimate decision
24-5111 Amadi Sosa v. Massachusetts Massachusetts 2024-07-18 Denied Response WaivedIFP burden-of-proof confrontation-clause constructive-malice cross-examination due-process felony-murder perjury-protocol sixth-amendment winship-fact Due-process-right-to-fair-trial,confrontation-clause,perjury-protocol,felony-murder,burden-of-proof,winship-fact
24-49 James E. Hitch v. The Frick Pittsburgh Third Circuit 2024-07-16 Denied adverse-action burden-of-proof causation civil-procedure civil-rights discrimination employment employment-law retaliation Whether James E. Hitch has proven a claim for retaliation under the 'but for' causation test?
24-40 Leonard L. Grigsby, et al. v. United States Fifth Circuit 2024-07-15 Denied Response Waived administrative-agency administrative-agency-finding burden-of-proof funding-exclusion independent-review judicial-review presumption-of-correctness research-activities research-and-development-tax-credit summary-judgment tax-credit Whether an administrative agency finding should be presumed correct when the agency conducted no independent review prior to filing suit
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
24-5005 Daniel Scott Robinson v. Supreme Court of Hawaii Hawaii 2024-07-03 Denied Response WaivedIFP age-of-majority best-interest best-interests burden-of-proof constitutional-challenge due-process family-law federal-funding state-sovereignty How can a state enact 'best interest' laws in family courts when it has abandoned jurisdiction and sovereignty by accepting federal grant funding?
23-1346 The Golub Corporation v. Elaine Bart Second Circuit 2024-06-26 Denied burden-of-proof burden-shifting employment-discrimination mcdonnell-douglas mixed-motive pretext summary-judgment title-vii Is the McDonnell Douglas framework applicable to mixed motive discrimination cases, and if so, how are the three stages of that framework to be formul…
23-1340 Waples Mobile Home Park Limited Partnership, et al. v. Jose Dagoberto Reyes, et al. Fourth Circuit 2024-06-25 Denied Amici (4)Response RequestedResponse WaivedRelisted (2) burden-of-proof civil-rights-litigation defendant-liability disparate-impact fair-housing-act legitimate-business-purpose prima-facie-burden statistical-disparity Whether a plaintiff relying on a disparate-impact theory of liability under the Fair Housing Act carries her prima facie burden by showing only a pree…
23-7775 Edward Treisback v. United States Eleventh Circuit 2024-06-21 Denied Response WaivedIFP 5th-amendment burden-of-proof criminal-procedure due-process fifth-amendment morrissey-v-brewer revocation-hearing supervised-release Did the District Court shift the burden of proof from the United States to the defendant in violation of 18 U.S.C. 3583(e)(3) and was defendant's righ…
23-7766 Charles Edward Luckett v. Robert Neuschmid, Warden Ninth Circuit 2024-06-20 Denied Response WaivedIFP brady-v-maryland burden-of-proof criminal-procedure due-process evidence exclusionary-rule fourteenth-amendment fourth-amendment habeas-corpus sixth-amendment witness Whether the exclusion of evidence related to Luckett's brother's detention inside the crime scene perimeter violated Luckett's Sixth and Fourteenth Am…
23-7731 In Re Jack Carpenter, III 2024-06-17 Denied IFP burden-of-proof civil-liberties competence competency-evaluation constitutional-rights due-process ineffective-assistance-of-counsel judicial-procedure legal-interpretation presumption-of-jurisdiction procedural-error Question not identified
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
23-7616 Jacob Ray Owens v. United States Fifth Circuit 2024-06-04 Denied Response WaivedIFP burden-of-proof co-conspirator-evidence criminal-procedure drug-conspiracy drug-purity drug-quantity ineffective-assistance ineffective-assistance-of-counsel methamphetamine-purity sentencing sentencing-enhancement Whether the purity of methamphetamine, linked to Owens's conspiracy solely by personnel, permitted an inference that Owens's methamphetamine was simil…
23-7544 Rodolfo Morales-Cortez v. United States Ninth Circuit 2024-05-22 Denied Response WaivedIFP burden-of-proof closing-argument criminal-procedure defendant-rights due-process objection-standard prejudice prosecutorial-misconduct Does a defendant who timely objects to a prosecutor's misconduct during closing argument nevertheless bear the burden to show that it caused him preju…
23-7509 Thomas J. Moore v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2024-05-20 Denied IFP burden-of-proof capital-case criminal-procedure due-process fair-trial ineffective-assistance prosecutorial-misconduct religious-arguments testimonial-evidence trial-counsel Ineffective-assistance-of-counsel
23-7499 Russell William Tucker v. North Carolina North Carolina 2024-05-17 Denied IFP batson-challenge batson-v-kentucky burden-of-proof disparate-treatment equal-protection jury-selection peremptory-strikes prima-facie-case prosecutorial-misconduct racial-discrimination Whether the Supreme Court of North Carolina was free to reject evidence of disparate treatment and impose on Petitioner the crippling burden of showin…
23-1218 Alfredo Navarro Hinojosa v. United States Fifth Circuit 2024-05-16 Denied Response Waived burden-of-proof circuit-split direct-appeal evidentiary-hearing harmless-error ineffective-assistance kotteakos-v-united-states preserved-nonconstitutional-errors sixth-amendment sufficiency-of-evidence Does the Fifth Circuit's harmless-error standard conflict with this Court's harmless-error standard?
23-7435 Mariette Harris v. Miles W. Ellis, et al. Alabama 2024-05-09 Denied Response WaivedRelisted (2)IFP alabama-law burden-of-proof civil-procedure discovery-rule statute-of-limitations summary-judgment Whether petitioner Mis. Harris filed on time for the Alabama Discovery rule section 6-5-482(a) Ala code 1975 the six-month discovery rule
23-7418 James Dow Vandivere v. United States Fourth Circuit 2024-05-08 Denied IFP adam-walsh-act burden-of-proof civil-commitment due-process foucha-v-louisiana judicial-procedure kansas-v-hendricks liberty-interest Whether the lower courts have impermissibly shifted the burden of proof from the Government to a citizen-detainee at a release hearing under the Adam …
23-7332 Angel De Jesus Castillo-Godoy v. United States First Circuit 2024-04-29 Denied Response WaivedIFP appeal-waiver burden-of-proof criminal-procedure due-process fifth-amendment government-defense jurisdiction opening-brief reply-brief sixth-amendment Whether a criminal defendant must raise the issue of an appeal waiver in his opening brief or whether it falls upon the government to raise the waiver…
23-1164 Battle Born Investments Company, LLC, et al. v. United States Ninth Circuit 2024-04-29 Denied burden-of-proof circuit-split civil-forfeiture ownership-interest ownership-standing property-claim standing statutory-interpretation summary-judgment Where a claimant asserts an ownership interest, does the claimant's standing at summary judgment require only some evidence of ownership, or also an e…
23-7319 Yudith Reynoso-Hiciano v. United States Second Circuit 2024-04-26 Denied Response WaivedIFP aiding-and-abetting burden-of-proof closing-argument criminal-procedure jury-instructions presumption-of-innocence reasonable-doubt Whether repeatedly arguing in closing that the defendant 'needed the jury to believe' certain things impermissibly shifted the burden of proof and evi…
23-7287 Khan Mohammed v. United States District of Columbia 2024-04-24 Denied Response WaivedIFP burden-of-proof circuit-conflict clear-and-convincing-evidence law-of-case-doctrine law-of-the-case-doctrine preponderance-of-the-evidence preponderance-standard sentencing-enhancement united-states-v-watts Whether the Government may be required to prove the factual basis for a sentencing enhancement by clear and convincing evidence
23-1144 John Anthony Castro v. United States Fifth Circuit 2024-04-22 Denied Response Waived affirmative-defense burden-of-proof estoppel good-faith good-faith-erroneous-interpretation judicial-admission standard-of-review If the government raises an affirmative defense, does it bear the burden of proof?
23-1128 McInnis Electric Company v. Brasfield & Gorrie, LLC, et al. Mississippi 2024-04-17 Denied Amici (1)Response Waived arbitrability arbitrability-standard arbitration arbitration-agreement boilerplate boilerplate-contract burden-of-proof clear-manifestation-of-intent delegation delegation-doctrine federal-arbitration-act Does the Federal Arbitration Act allow use of the rules of an arbitral association in the text of a boilerplate, or form, arbitration agreement to pro…
23-7222 Evaristo Contreras Silva v. United States Fifth Circuit 2024-04-15 Denied Response WaivedIFP burden-of-proof criminal-firearm-possession criminal-law firearms immigration immigration-status intent-element mens-rea rehaif-standard rehaif-v-united-states statutory-interpretation Whether the government must offer direct evidence of a defendant's vicious or evil intent to prove guilt beyond a reasonable doubt in 18 U.S.C. § 922(…
23-7146 Antonio Ochoa-Leyva v. United States Fifth Circuit 2024-04-05 Denied Response WaivedIFP burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either …
23-1085 Kava Holdings, LLC, dba Hotel Bel-Air v. National Labor Relations Board Ninth Circuit 2024-04-05 Denied 8(a)(3) anti-union-animus burden-of-proof circuit-court-split employment-discrimination labor-relations national-labor-relations-act nlrb-standard unfair-labor-practice Whether the NLRB may rely solely on 'generalized' evidence of anti-union animus, without a causal nexus to the specific adverse employment actions at …
23-7143 Armando Ordonez-Dominguez v. United States Fifth Circuit 2024-04-04 Denied Response WaivedIFP burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either …
23-7037 Billy Joe King v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2024-03-20 Denied IFP appellate-jurisdiction burden-of-proof civil-procedure competency-hearing constitutional-rights criminal-procedure due-process evidence-admissibility judicial-review mental-capacity standing Whether the petitioner has met the burden of proof to establish his mental incompetence and entitlement to a competency hearing
23-7042 Willie James Pye v. Shawn Emmons, Warden Georgia 2024-03-20 Denied IFP atkins-standard atkins-v-virginia burden-of-proof capital-punishment constitutional-rights death-penalty due-process eighth-amendment intellectual-disability Can the State under Atkins v. Virginia execute a person who is intellectually disabled by all clinical standards?
23-1039 Marlean A. Ames v. Ohio Department of Youth Services Sixth Circuit 2024-03-20 Judgment Issued Amici (12)Response RequestedResponse WaivedRelisted (3) burden-of-proof civil-rights discrimination disparate-treatment employment employment-discrimination majority-group pleading-standard standing title-vii Whether, in addition to pleading the other elements of Title VII, a majority-group plaintiff must show 'background circumstances to support the suspic…
23-1005 Ann Redd-Oyedele v. Santa Clara County Office of Education, et al. Ninth Circuit 2024-03-13 Denied Response Waived age-discrimination burden-of-proof civil-rights disparate-impact due-process employment employment-practices preponderance-of-evidence racial-discrimination summary-judgment Whether a Court may properly grant summary judgment where a party failed to establish, by a preponderance of evidence, as shown in the records, that t…
23-6978 Jose Salome Gallardo Granados v. United States Fifth Circuit 2024-03-13 Denied Response WaivedIFP burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either …
23-6961 Jacob Smith v. John Henley, Warden, et al. Ninth Circuit 2024-03-11 Denied IFP burden-of-proof civil-rights constitutional-rights due-process ineffective-assistance-of-counsel jury-instructions prosecutorial-misconduct self-representation Whether the prosecutor improperly shifted the burden of proof by asking the defendant to prove his innocence in front of the jury, which was prejudici…
23-6936 Jose Eulalio Aguillen-Servin v. United States Fifth Circuit 2024-03-08 Denied Response WaivedIFP burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either …
23A816 Battle Born Investments Company, LLC, et al. v. United States Ninth Circuit 2024-03-05 Presumed Complete burden-of-proof civil-forfeiture cryptocurrency-seizure due-process standing-requirement summary-judgment Whether the Due Process Clause requires courts to allow civil forfeiture claimants to establish standing through prima facie evidence of ownership wit…
23-6870 Ariel Perez-Lainez v. United States Fifth Circuit 2024-02-29 Denied Response WaivedIFP burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-convictions sentencing statutory-maximum Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either …
23-927 National Religious Broadcasters Noncommercial Music License Committee v. Copyright Royalty Board, et al. District of Columbia 2024-02-27 Denied Amici (7)Response RequestedResponse WaivedRelisted (2) administrative-procedure administrative-procedure-act burden-of-proof copyright-royalty copyright-royalty-board first-amendment rate-setting religious-freedom religious-freedom-restoration-act webcasting Whether approving noncommercial rates that favor NPR's secular speech over religious speech violates the Religious Freedom Restoration Act (RFRA) or t…
23-915 Pleasant View Baptist Church, et al. v. Andrew Beshear Sixth Circuit 2024-02-23 Denied Response Waived 42-usc-1983 burden-of-proof civil-rights constitutional-rights covid-19-restrictions free-exercise free-exercise-clause qualified-immunity state-actor Whether qualified immunity applies to a state actor who violates the Free Exercise Clause
23-6808 Joseph Michael King, aka Joey King v. United States Fourth Circuit 2024-02-22 Denied Response WaivedIFP burden-of-proof circuit-split criminal-procedure due-process non-indigent sentencing sentencing-enhancement special-assessment statutory-interpretation Whether the Government should bear the burden of proving that a defendant is 'non-indigent' under 18 U.S.C. § 3014(a) before the district court impose…
23-898 Ryan Thornton v. Wisconsin Wisconsin 2024-02-21 Denied Response Waived burden-of-proof counsel criminal-procedure defendant due-process habeas-corpus ineffective-assistance-of-counsel legal-harm sixth-amendment When a defendant is harmed from Ineffective Assistance of Counsel, what is the appropriate burden of proof needed to correct this harm?
23-6768 Vidal Garza-Morin v. United States Fifth Circuit 2024-02-16 Denied Response WaivedIFP burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either …
23-6748 Eric Lavell Minter v. United States Sixth Circuit 2024-02-14 Denied Response WaivedIFP burden-of-proof circuit-court-review civil-rights clear-error-standard criminal-enterprise criminal-procedure due-process evidence fact-based-enhancement managerial-role sentencing sentencing-enhancement Must a district court find that a defendant exercised control over another participant in a criminal enterprise before considering a managerial-role s…
23-867 Republic of Hungary, et al. v. Rosalie Simon, et al. District of Columbia 2024-02-12 Judgment Issued Amici (4)Response RequestedResponse WaivedRelisted (3) asset-commingling burden-of-proof circuit-split commercial-nexus expropriation-exception foreign-sovereign-immunities-act international-law pleading-stage pleading-standard Whether historical commingling of assets suffices to establish that proceeds of seized property have a commercial nexus with the United States under t…
23-6690 Lamark Armond Combs, Jr. v. United States Eighth Circuit 2024-02-07 Denied Response WaivedIFP burden-of-proof criminal-procedure due-process record-expansion remand sentencing May a district court expand the record on remand to allow the government to present additional evidence even though the government's burden was clear …
23-6672 Christopher R. Williams, Jr. v. United States Seventh Circuit 2024-02-06 Denied Response WaivedIFP burden-of-proof criminal-procedure criminal-sentencing district-court drug-purity drug-quantity methamphetamine-case procedural-errors sentencing-enhancements sentencing-guidelines whether-the-district-court-erred-by-sentencing-the-defendant
23-6657 Erick Cruz v. New York New York 2024-02-02 Denied IFP burden-of-proof due-process evidence-authentication fair-trial opening-statements powerpoint-presentation presumption-of-innocence prosecutorial-misconduct trial-court-error Question not identified
23-6515 John Edward Hall v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2024-01-18 Denied IFP burden-of-proof death-penalty due-process federal-habeas standard-of-review state-court Whether the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) (28 U.S.C. 2254(d)) governing federal habeas review of state court decisions…
23-783 Darren Kossen v. Asia Pacific Airlines, et al. Ninth Circuit 2024-01-18 Denied Response Waived administrative-hearing air-21-statute burden-of-proof burdens-of-proof circumstantial-evidence clear-and-convincing-evidence legal-standard prima-facie res-judicata whistleblower-protection Did the ALJ, ARB and the 9th Circuit turn on its head AIR 21 law on burdens of proof?
23-6484 Miguel Angel Sanchez-Delgado v. United States Fifth Circuit 2024-01-17 Denied Response WaivedIFP burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either …
23-6488 Juan Garcia-Bertadillo v. United States Fifth Circuit 2024-01-17 Denied Response WaivedIFP burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either …
23-766 Scott Douglas Ora v. Hollywood Chamber of Commerce California 2024-01-17 Denied Relisted (2) appellate-review burden-of-proof conditions-precedent due-process judicial-procedure judicial-review right-to-jury-trial standard-of-proof waiver Did the Court of Appeal violate the due process rights of Appellant?
23-6411 Gilberto Salvador Cortez-Garcia v. United States Fifth Circuit 2024-01-04 Denied Response WaivedIFP burden-of-proof criminal-indictment criminal-procedure defendant-rights due-process jury-determination jury-trial prior-convictions sentencing sentencing-enhancement statutory-maximum Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either …
23-6413 Donald Bill Smith v. United States Eighth Circuit 2024-01-04 Denied Response WaivedIFP 18-usc-1512 burden-of-proof circuit-split criminal-procedure criminal-statute drug-conspiracy mens-rea official-proceeding witness-tampering Whether the witness tampering resulting in death statute, 18 U.S.C. §§1512(a)(1)(A) and (k), requires the Government to prove beyond a reasonable doub…
23-6402 Vidal Orellana-Sibrian v. United States Fifth Circuit 2024-01-03 Denied Response WaivedIFP burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either …
23-6385 Alfonso Garcia-Vela v. United States Fifth Circuit 2023-12-28 Denied Response WaivedIFP almendarez-torres burden-of-proof criminal-procedure due-process indictment jury-trial prior-conviction prior-convictions sentencing statutory-maximum Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either …
23-6369 Joseph R. Cyr v. Steven Harpe, Director, Oklahoma Department of Corrections Tenth Circuit 2023-12-27 Denied Relisted (2)IFP burden-of-proof conclusive-presumption criminal-procedure due-process jury-instructions malice-aforethought sandstrom-standard sandstrom-v-montana Whether the trial court's jury charge violated the defendant's due process rights by creating an impermissible conclusive presumption that relieved th…
23A592 Republic of Hungary, et al. v. Rosalie Simon, et al. District of Columbia 2023-12-27 Presumed Complete burden-of-proof circuit-split expropriation-exception foreign-sovereign-immunities-act international-law property-tracing Whether the Foreign Sovereign Immunities Act's expropriation exception requires plaintiffs to trace property exchanged for expropriated assets to esta…
23-6342 Ya-Sin El-Amin Shakir v. Tina Walker, Superintendent, State Correctional Institution at Fayette, et al. Third Circuit 2023-12-26 Denied IFP appellate-review burden-of-proof constitutional-rights criminal-procedure due-process evidence-review jury-finding mental-health sufficiency-of-evidence Whether a court may uphold a conviction where the record demonstrates insufficient evidence to support the finding of guilt
23-6331 Hannibal Moore v. United States Eleventh Circuit 2023-12-22 Denied Response WaivedIFP affirmative-defense burden-of-proof criminal-conduct criminal-law disqualifying-element imminent-threat justification-defense legal-alternative proximate-cause Whether the courts should take a narrow view in considering the disqualifying element of the justification defense, and only disqualify the defendant …
23-6335 Devonne L. Walker v. United States Eleventh Circuit 2023-12-22 Denied Response WaivedIFP burden-of-proof criminal-leadership criminal-organization criminal-procedure criminal-sentencing firearm-possession guideline-enhancement leadership sentencing-guidelines sentencing-review Whether the lower court erred in applying a 4-level increase pursuant to U.S. Sentencing Guideline § 3B1.1(a) in determining the Petitioner to be an o…
23-6320 Santiago Salazar-Ramirez v. United States Fifth Circuit 2023-12-21 Denied Response WaivedIFP burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either …
23-638 Kenneth Wendell Ravenell v. United States Fourth Circuit 2023-12-13 Denied Amici (2) burden-of-proof circuit-split conspiracy criminal-conspiracy criminal-procedure federal-prosecution jury-instructions money-laundering non-overt-act-conspiracy statute-of-limitations Whether the government bears the burden of proving to a jury that a non-overt-act conspiracy existed within the limitations period
23-618 Delano Marco Medina v. Colorado Colorado 2023-12-08 Denied Amici (1)Response RequestedResponse WaivedRelisted (2) burden-of-proof constitutional-law criminal-conviction criminal-procedure defendant-rights due-process guilty-plea judicial-procedure judicial-review legal-standard whether-it-is-consistent-with-due-process-to-convict-a-criminal-defendant-without-finding-the-defendant-is-guilty
23-6176 Faustino Garcia-Sanchez, aka Miguel Garcia-Sanchez, aka Miguel Zamora-Sanchez v. United States Fifth Circuit 2023-12-06 Denied Response WaivedIFP burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either …
23-6185 Jabril Wilson v. Chris Stevens, Warden Seventh Circuit 2023-12-06 Denied IFP burden-of-proof child-enticement criminal-procedure due-process ineffective-assistance-of-counsel sexual-assault whether-the-evidence-was-sufficient-to-find-petitioner-guilty-beyond-a-reasonable-doubt
23-6165 Jesus Del Valle Gonzalez-Rodriguez v. United States First Circuit 2023-12-05 Denied Response WaivedIFP appeal-waiver brief-filing burden-of-proof court-of-appeals criminal-procedure due-process government-defense opening-brief plea-agreement reply-brief Whether a criminal defendant must raise the issue of an appeal waiver in his opening brief or whether it falls upon the government to raise the waiver…
23-6103 Alvin Celius Andre v. United States Eleventh Circuit 2023-11-22 Denied Response WaivedIFP burden-of-proof constructive-amendment criminal-law criminal-procedure due-process entrapment entrapment-defense prosecutorial-misconduct statutory-interpretation Does a constructive amendment occur when the government substitutes Congress's intended object of the actus reus of 18 U.S.C. § 2422(b), 'any individu…
23-553 William Clark Turner v. United States Ninth Circuit 2023-11-22 Denied Response Waived burden-of-proof civil-rights criminal-statute due-process federal-jurisdiction flight-attendant free-speech intimidation jury-instructions statutory-interpretation Did the inclusion of multiple alternative definitions of 'intimidate' within the jury instructions for the charged violation of 49 U.S.C. section 4650…
23-6081 Jacobo Fuentes-Salgado v. United States Fifth Circuit 2023-11-21 Denied Response WaivedIFP burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either …
23-6028 Delroy T. Booth v. Georgia Georgia 2023-11-16 Denied Response WaivedIFP burden-of-proof civil-rights double-jeopardy due-process fair-trial prosecutorial-misconduct Whether the prosecution's misconduct, including reversing the burden of proof, violating the defendant's due process rights, and denying the defendant…
23-493 Gail Goldberg, et vir v. Commissioner of Internal Revenue Seventh Circuit 2023-11-09 Denied Response Waived administrative-procedure burden-of-proof civil-rights due-process iRS-proceedings mailing-requirements notice-requirements statutory-notice statutory-requirements tax Has the ruling of the Seventh Circuit rendered mandatory statutory notice requirements not relevant, with a consequence being that the protections pro…
23-5936 Hector Francisco Santos-Flores v. United States Fifth Circuit 2023-11-01 Denied Response WaivedRelisted (2)IFP burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-conviction sentencing statutory-maximum Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either …
23-5880 Jose Fernando Martinez-Hernandez v. United States Fifth Circuit 2023-10-25 Denied Response WaivedRelisted (2)IFP burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either …
23-5865 Jason Dix v. United States Fourth Circuit 2023-10-23 Denied Response WaivedIFP appellate-procedure appellate-review burden-of-proof constitutional-rights criminal-procedure due-process harmless-error separation-of-powers sua-sponte Whether an appellate court may relieve a government party of its burden to show that a favorable error is harmless, decide the issue sua sponte, and t…
23-408 AstraZeneca Pharmaceuticals LP v. Suzanne Ivie Ninth Circuit 2023-10-18 Denied Response WaivedRelisted (2) affirmative-defense burden-of-proof civil-procedure claim evidentiary-standard final-pretrial-order judicial-process litigation-procedure pretrial-order rule-16 Whether a party may generally contest the opposing party's burden of proof on a claim or affirmative defense in a final pretrial order under Rule 16, …
23-5816 Henry Jo Ward v. West Virginia West Virginia 2023-10-17 Denied Response WaivedIFP burden-of-proof criminal-procedure due-process evidentiary-presumption fourteenth-amendment official-capacity Does the Due Process Clause of the Fourteenth Amendment prohibit this presumption of facts against an accused?
23-5828 Raquel Rivera v. United States Third Circuit 2023-10-17 Denied Response WaivedIFP burden-of-proof controlled-substances-act drug-prosecution farm-bill hemp hemp-classification marijuana marijuana-definition possession-with-intent-to-distribute thc-concentration thc-content Whether the government must prove that a substance is marijuana and not hemp as an element of a possession with intent to distribute offense, or wheth…
23-5760 Mattie T. Lomax v. United States Federal Circuit 2023-10-11 Denied Response WaivedRelisted (2)IFP burden-of-proof constitutional-rights criminal-investigation criminal-procedure due-process fifth-amendment fourteenth-amendment jury-trial legal-definition seventh-amendment Whether the State violated the Due Process clause where without a jury trial incorrect legal definition of 'knowingly' relieved the state of its requi…
23-5745 Zephryn (Stephanie) Hammond v. University of Vermont Medical Center Vermont 2023-10-10 Denied IFP burden-of-proof burden-shifting employment-discrimination legal-standards mcdonnell-douglas-framework protected-characteristics retaliation retaliation-claim summary-judgment Under what circumstances should an employer's response to an employee's complaint about a protected characteristic warrant documentation, investigatio…
23-339 J. M. F. v. New Jersey Department of Treasury, Division of Pensions and Benefits New Jersey 2023-10-02 Denied Response WaivedRelisted (2) administrative-hearing administrative-law burden-of-proof civil-rights credibility credibility-determination disability disability-benefits due-process first-amendment Whether ALJs violate the rule-of-law by depriving petitioners of their disability-pensions on credibility-grounds
23-5587 Daniel Carrington v. United States Fourth Circuit 2023-09-14 Denied Response WaivedIFP burden-of-proof causation controlled-substance controlled-substances criminal-law death-causation due-process proximate-cause reasonable-doubt statutory-interpretation Whether the Court's decision in United States v. Burrage created a bright line rule on proof of proximate cause
23-5554 Cameron L. Hickman v. United States Fifth Circuit 2023-09-12 Denied Response WaivedIFP burden-of-proof criminal-procedure criminal-trial due-process jury-instructions prosecutorial-burden reasonable-doubt sexual-assault standard-of-review sufficiency-of-evidence Whether the prosecution presented sufficient evidence at trial to establish the elements of the alleged crime
23-217 E.M.D. Sales, Inc., et al. v. Faustino Sanchez Carrera, et al. Fourth Circuit 2023-09-08 Judgment Issued CVSGAmici (9)Response RequestedResponse WaivedRelisted (5) burden-of-proof circuit-split clear-and-convincing-evidence employment-law fair-labor-standards-act flsa-exemptions overtime-pay preponderance-of-evidence wage-exemption Whether the burden of proof that employers must satisfy to demonstrate the applicability of an FLSA exemption is a mere preponderance of the evidence …
23-5524 Michael Jones, Jason Reed, and Shaun Myers v. United States Seventh Circuit 2023-09-06 Denied Response WaivedIFP burden-of-proof daubert daubert-standard dual-role-testimony due-process evidence expert-witness fifth-amendment standard-of-review Whether the Seventh Circuit applied the wrong standard of review and erroneously shifted the burden of proof by failing to review the Daubert error de…
23-5513 Rickeena Hamilton v. Tennessee Tennessee 2023-09-01 Denied Response RequestedResponse WaivedRelisted (2)IFP burden-of-proof constitutional-rights criminal-procedure due-process jury-instructions lesser-included-offense right-to-present-defense second-degree-murder Did these instructions, which imposed on the defendant a burden of proving her innocence of second-degree murder beyond a reasonable doubt, violate du…
23-5457 Deangelus Thomas v. United States Sixth Circuit 2023-08-28 GVR Relisted (3)IFP armed-career-criminal-act burden-of-proof constitutional-fact-finding criminal-procedure due-process indictment jury-trial predicate-convictions sentencing sentencing-enhancement statutory-penalty Whether the district court judge may find the uncharged, non-elemental fact that a person committed three prior offenses 'on occasions different from …
23-5458 Kimeo Delmar Conley v. Jason Wells, Warden Seventh Circuit 2023-08-28 Denied Response WaivedIFP 4th-amendment burden-of-proof constitutional-rights criminal-procedure due-process evidence fourth-amendment jury-instructions sixth-amendment statutory-interpretation When Criminal statute has [8] elements on its face (wis stat) (144.051) to be Proved beyond a Reasonable doubt and the state only tries to prove [3] e…
23-5453 Pedro Ramirez-Urbina v. United States Fifth Circuit 2023-08-25 Denied Response WaivedIFP 5th-amendment 6th-amendment alien-smuggling burden-of-proof causation causation-standard criminal-procedure due-process fifth-amendment sentence-enhancement sixth-amendment Whether the Fifth or Sixth Amendments prohibit conduct for which Ramirez was acquitted from being used to enhance his sentence for alien-smuggling
23-5310 Joseph Tyshawn Darren Favorite v. United States Sixth Circuit 2023-08-09 Denied Response RequestedResponse WaivedRelisted (3)IFP burden-of-proof confrontation-clause criminal-conduct criminal-procedure due-process evidentiary-standards judicial-discretion police-report sentencing-enhancement uncorroborated-accusation Whether the Court may rely on an uncorroborated accusation of criminal conduct in a police report to enhance a defendant's sentence when the report is…
23-5257 Angel Rios-Edeza v. United States Ninth Circuit 2023-08-01 Denied Response WaivedIFP burden-of-proof closing-argument criminal-procedure due-process evidence-vouching jury-instructions ninth-circuit prosecutorial-misconduct rebuttal-argument Did the Ninth Circuit error in finding that there was no prosecutorial misconduct?
23-5264 Julio Cesar De La Rosa-De La Cerda v. United States Fifth Circuit 2023-08-01 Denied Response WaivedIFP burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either …
23-5238 John Edward Scott v. United States Fifth Circuit 2023-07-28 Denied Response WaivedIFP appellate-review burden-of-proof confrontation-clause confrontation-clause-jurisprudence federal-rules-of-evidence machine-generated-data machine-produced-data supreme-court-jurisprudence testimonial-evidence testimonial-statements Who has the burden to show that a report sought to be introduced includes 'raw, machine produced data' and not testimonial statements triggering the C…
23-5225 Leonard Sapp v. United States Eleventh Circuit 2023-07-27 Denied Response WaivedIFP brady-violation burden-of-proof constitutional-rights criminal-defendant criminal-procedure district-court due-process fair-trial government-misconduct imminent-danger Was Leonard Sapp afforded a fair trial when the Government shifted the burden of proof to the Defense during trial?
23-5190 Mardy D. Mollett, Jr. v. United States Sixth Circuit 2023-07-25 Denied Response WaivedIFP burden-of-proof constitutional-rights criminal-procedure due-process felon-in-possession firearm-possession justification-defense second-amendment Does the inclusion of a fifth element of the justification defense for being a felon in possession of a firearm, requiring the Defendant to prove that…
23-5081 Ronnie R. Lovell v. United States Sixth Circuit 2023-07-12 Denied Response WaivedIFP armed-career-criminal-act burden-of-proof criminal-procedure fifth-amendment jury-trial preponderance-of-evidence sentencing-enhancement sixth-amendment Can a district court judge determine that an individual's prior offenses occurred 'on occasions different,' as required by the Armed Career Criminal A…
23-5062 Alfredo Martinez-Rubio v. United States Fifth Circuit 2023-07-10 Denied Response WaivedIFP burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-conviction sentencing statutory-maximum Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either …
23-5024 Walter Charles Link v. Texas Texas 2023-07-03 Denied IFP burden-of-proof civil-rights constitutional-rights criminal-procedure due-process equal-protection judicial-proceedings sufficiency-of-evidence texas-law Did the State of Texas err in failing to prove its Brooks' notice allegations beyond a reasonable doubt?
22-1249 Foremost Title & Escrow Services, LLC v. FCOA, LLC Eleventh Circuit 2023-06-29 Denied burden-of-proof circuit-split consumer-confusion incontestable incontestable-mark lanham-act presumption trademark trademark-law Whether the Eleventh Circuit is correct to relieve an incontestable trademark-holder of its burden to prove that its mark is strong and likely to be c…
22-7852 Juan Victor Quezada-Lara v. United States Fifth Circuit 2023-06-28 Denied Response WaivedIFP burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either …
22-7882 Sergio Delgado-Perez v. United States Fifth Circuit 2023-06-28 Denied Response WaivedIFP burden-of-proof criminal-procedure due-process indictment jury-trial prior-conviction prior-convictions sentencing statutory-maximum Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either …
22-7842 Dashawn Lewis v. United States Ninth Circuit 2023-06-22 Denied Response WaivedIFP burden-of-proof criminal-procedure directed-verdict due-process judicial-error jury-instruction jury-instructions ninth-circuit reasonable-doubt Whether the last sentence of the Ninth Circuit's pattern jury instruction on reasonable doubt is an incorrect statement of the law and akin to a direc…
22-7827 Scott Anderson v. Chad Wakefield, Superintendent, State Correctional Institution at Smithfield, et al. Third Circuit 2023-06-21 Denied IFP abuse-of-discretion burden-of-proof certificate-of-appealability criminal-procedure due-process judicial-discretion legal-innocence reasonable-jurist sufficiency-of-evidence Is a defendant legally and factually innocent if the State fails to prove each and every element of the crime?
22-7784 Demarcus Donte Ivey v. United States Fourth Circuit 2023-06-14 Denied Amici (1)Response WaivedIFP burden-of-proof chapman-v-california constitutional-error criminal-procedure cumulative-error-doctrine evidentiary-errors harmless-error standard-of-review When should evidentiary errors in a federal criminal trial be evaluated for their cumulative impact on the fundamental fairness of the trial?
22-7774 Duane E. Armstrong v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2023-06-13 Denied IFP burden-of-proof constitutional-rights criminal-procedure due-process evidence expert-testimony fingerprint-analysis forensic-evidence trial-procedure Does the court's need a second analyst to testifies, to the first analyst opinion containing veracious of petitioner's finger print?
22-7780 John Thomas Entler v. Eric Jackson, et al. Washington 2023-06-13 Denied Response WaivedIFP burden-of-proof prison-regulations religiosity religious-accommodation religious-exercise rluipa sincerely-held-beliefs sincerity strict-scrutiny substantial-burden Whether prison officials can require prisoners to show centrality in religious exercise, and whether prison officials can regulate prisoners' sincerit…
22-7741 Rudy Alvarez v. United States Ninth Circuit 2023-06-09 Denied Amici (1)IFP burden-of-proof criminal-procedure due-process evidence-admissibility fifth-amendment law-enforcement-procedure miranda-warning miranda-warnings police-interrogation self-incrimination supreme-court When determining whether statements made after a midstream Miranda warning are admissible, do courts consider the warning's objective effectiveness or…
22-7731 Roy Lee Jones, Jr. v. United States Fifth Circuit 2023-06-08 Denied Response WaivedIFP burden-of-proof controlled-substances criminal-procedure drug-conspiracy due-process essential-elements evidence fifth-circuit-precedent jury-instructions sentencing sentencing-issue standard-of-proof Did the Fifth Circuit err when it 're-branded' a failure to prove an essential element of the government's methamphetamine case against Mr. Jones beyo…
22-1108 Reuben Haley v. Urban Outfitters, Inc. Seventh Circuit 2023-05-12 Denied Response Waived appellate-review burden-of-proof civil-procedure due-process equal-protection judicial-review legal-standard standard-of-review summary-judgment Whether the grant of summary judgment against petitioner was error?
22-7540 Harry Cole v. United States Fifth Circuit 2023-05-12 Denied Response WaivedIFP appellate-review burden-of-proof criminal-procedure district-court due-process essential-element jurisdiction jurisdictional-concept sua-sponte venue Whether venue is only a jurisdictional concept rather than essential element of an offense that must be proved beyond a reasonable doubt
22-7449 Robert Richard Spurling, III v. Arizona Arizona 2023-05-03 Denied Response WaivedIFP burden-of-proof civil-rights constitutional-interpretation due-process federal-law jury-instructions retroactive-application sexual-abuse state-courts statutory-amendment statutory-interpretation Whether a state court's decision that a state statute prevents the state courts from conducting analysis pursuant to United States Supreme Court prece…
22-7418 Sammy Redi Araya v. United States Fourth Circuit 2023-05-01 Denied Response WaivedIFP burden-of-proof criminal-fraud government-failure judicial-discretion loss-amount loss-calculation plea-bargaining sentencing-courts sentencing-guidelines victim-losses Whether a sentencing court is required to verify actual or intended victim losses when applying a U.S. Sentencing Guidelines enhancement
22-7395 Gudonavon J. Taylor v. Ohio Ohio 2023-04-28 Denied IFP brady-rule burden-of-proof constitutional-rights due-process fundamental-fairness juvenile-offender juvenile-offenders perjured-testimony presumption-of-innocence whether-the-procedure-rule-under-crim.r.-33(b)-should-be-deemed-oppressive-and-arbitrary-for-juvenile-offenders
22-7377 Jose Isabel Mora-Rodriguez v. United States Fifth Circuit 2023-04-26 Denied IFP burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either …
22-7380 Toivania Ereachia Gill v. TBG Food Acquisition Corp. Fourth Circuit 2023-04-26 Denied Response WaivedIFP 14th-amendment burden-of-proof civil-procedure civil-rights constructive-discharge due-process equal-protection hostile-work-environment legal-procedure standing Did the United States Western District of Virginia Court dismiss Plaintiff's claim of constructive-discharge prematurely when the burden-of-proof on t…
22-1001 NST Global, LLC, dba SB Tactical v. Sig Sauer Inc. Federal Circuit 2023-04-14 Denied administrative-procedure administrative-procedure-act burden-of-proof due-process federal-circuit federal-circuit-rule-36 inter-partes-review patent-construction patent-preamble patent-validity Whether the Federal Circuit's affirmance of the PTAB's decision on preamble construction impermissibly shifts the burden to invalidate a patent from t…
22-7249 Daryl Lee Godette Jr. v. United States Fourth Circuit 2023-04-10 Denied Response WaivedIFP burden-of-proof constructive-possession criminal-procedure drug-possession due-process evidence evidence-standard possession reasonable-doubt Whether the Government proved beyond a reasonable doubt that Mr. Godette possessed the heroin found in the apartment
22-7213 Brian Evan Roth v. Florida Florida 2023-04-05 Denied Response WaivedIFP burden-of-proof civil-rights closing-arguments criminal-procedure due-process evidence evidence-introduction judicial-discretion prosecutorial-misconduct trial-procedure Whether the trial court erred in allowing certain evidence to be introduced and considered as testimony, as well as issues brought up during closing a…
22-7155 Kalid Koron Ocean-Avent v. United States Fourth Circuit 2023-03-30 Denied Response WaivedIFP burden-of-proof criminal-law criminal-procedure due-process evidence evidentiary-errors fair-trial firearm firearm-possession jury reasonable-doubt Whether the Government proved beyond a reasonable doubt that Mr. OceanAvent possessed a firearm
22-7016 Guadalupe Onate-Herrera v. United States Fifth Circuit 2023-03-15 Denied IFP burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either …
22-6983 Bernardino Berrun-Torres v. United States Fifth Circuit 2023-03-10 Denied IFP burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-conviction sentencing statutory-maximum Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either …
22-6973 Joseph Woloszyn v. United States Ninth Circuit 2023-03-08 Denied Response WaivedIFP burden-of-proof criminal-threat drug-addiction due-process preponderance-of-evidence probation-violation revocation-hearing sentencing-guidelines supervised-release uncorroborated-statements Did Woloszyn's Uncorroborated Statements to the Probation Officer Prove Woloszyn Violated the Terms of His Supervised Release?
22-6908 Eduardo Guadalupe Melendrez-Soberanes v. United States Fifth Circuit 2023-03-02 Denied Response WaivedIFP burden-of-proof case-agent-testimony criminal-procedure drug-quantity drug-trafficking due-process evidence fifth-circuit photographic-evidence sentencing sentencing-guidelines Whether the Fifth Circuit erred in affirming a district court's reliance on a case agent's approximation of the weight of unseized cocaine based prima…
22-6893 James Alvin Chaney, aka Ace Chaney v. United States Sixth Circuit 2023-03-01 Denied Response WaivedIFP burden-of-proof court-officers criminal-procedure due-process evidentiary-hearing ex-parte-discussions juror-misconduct jury-instructions united-states-v-ruan unrecorded-ex-parte-discussions In light of United States v. Ruan, were the jury instructions in Chaney incorrect and should Dr. Chaney's conviction be vacated?
22-823 Alicia Thompson v. Janelle Henderson Washington 2023-03-01 Denied Amici (2)Response RequestedResponse WaivedRelisted (7) burden-of-proof due-process equal-protection evidence-standard implicit-bias jury-verdict prima-facie racial-bias Whether the Washington Supreme Court's novel standard addressing implicit bias violates the Due Process Clause and Equal Protection Clause
22-786 Michael Faris v. Department of the Air Force Federal Circuit 2023-02-21 Denied Response WaivedRelisted (2) burden-of-proof comparability federal-employees leave-of-absence pension-benefits reframing-contentions uniformed-services userra Are federal employees considered a 'person' for the purposes of USERRA?
22-789 Town of Southold, New York v. Rossana Rosado, New York State Secretary of State, et al. Second Circuit 2023-02-21 Denied Response Waived administrative-procedure administrative-procedures-act burden-of-proof coastal-zone-management coastal-zone-management-act deference dredge-spoil-disposal environmental-policy environmental-protection federal-consistency national-environmental-policy standing Whether the EPA's designation of a permanent dredge spoil disposal site was consistent with the Town of Southold's enforceable coastal management poli…
22-742 United Mine Workers of America 1974 Pension Plan, et al. v. Energy West Mining Company District of Columbia 2023-02-08 Denied Amici (1)Response Waived actuarial-assumptions actuarial-determination burden-of-proof concrete-pipe discount-rate multiemployer-pension multiemployer-pension-plan pension-plan reasonable-expectations standard-practice withdrawal-liability Whether the MPPAA overrides standard actuarial practice
22-6716 Conrado Olivo-Duron v. United States Fifth Circuit 2023-02-07 Denied Response WaivedIFP burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either …
22-6546 Arty Marcel v. Tim Hooper, Warden Fifth Circuit 2023-01-17 Denied Response WaivedIFP burden-of-proof constitutional-error fair-trial improper-amendment-of-bill-of-information ineffective-assistance ineffective-assistance-of-counsel lesser-included-offense other-crimes-evidence reasonable-doubt sixth-amendment strickland-v-washington whether-mr-marcel-was-denied-right-to-fair-trial
22-656 Jeffrey A. Bentley v. United States Third Circuit 2023-01-17 Denied Response Waived armed-career-criminal-act burden-of-proof collateral-review due-process prior-convictions section-2255 sentencing sentencing-enhancement When a defendant shows on Section 2255 collateral review that a prior conviction is no longer a valid predicate offense under the Armed Career Crimina…
22-649 Jacinta Downing v. Abbott Laboratories, et al. Seventh Circuit 2023-01-12 Denied Response Waived burden-of-proof circumstantial-evidence civil-rights discrimination employment employment-discrimination judicial-interpretation pretext seventh-circuit Whether the Seventh Circuit defeated the fundamental holding of this Court's decision in Costa when it affirmed the district court's refusal to allow …
22-6437 Alan Singleton v. Tom Watson, Warden Sixth Circuit 2022-12-30 Denied Response WaivedIFP burden-of-proof confrontation-clause criminal-procedure due-process fair-trial hearsay hearsay-testimony ineffective-assistance right-to-counsel Did counsel provide ineffective assistance?
22-6372 Jose Felipe Cardenas-Ramirez v. United States Fifth Circuit 2022-12-21 Denied Response WaivedIFP burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either …
22-6320 Mausean Carter v. Corizon Health, Inc. Maryland 2022-12-16 Denied IFP actual-innocence burden-of-proof civil-rights deliberate-indifference eighth-amendment evidence gross-negligence habeas-corpus medical-evidence medical-treatment successive-petition Whether the lower courts erred in holding that the petitioner did not meet the burden of establishing the respondents' deliberate indifference in viol…
22-6302 Selvin Omar Canales v. United States Fifth Circuit 2022-12-14 Denied Response WaivedIFP burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either …
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?
22-6098 Quartshezz Leonard Lewis v. Texas Texas 2022-11-18 Denied IFP burden-of-proof civil-rights constitutional-interpretation constitutional-law court-procedure criminal-procedure due-process equal-protection judicial-error legal-review statutory-analysis Whether the lower courts erred in failing to rule on a constitutional claim that deprived the petitioner of due process
22-6018 David L. Hering v. Patti Wachtendorf, Warden Eighth Circuit 2022-11-08 Denied Response WaivedIFP adversarial-trial burden-of-proof criminal-defense due-process ineffective-assistance insanity-defense sixth-amendment When using insanity as a tool in the defense of a criminal defendant who plead not guilty and is strongly asserting their innocence. Does defense coun…
22-5977 Bonerge Benitez-Marquez v. United States Fifth Circuit 2022-11-02 Denied Response WaivedIFP burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-conviction sentencing statutory-maximum Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either …
22-5966 Malachi Henessey Rodriguez v. Minnesota Minnesota 2022-11-01 Denied Response WaivedIFP burden-of-proof character-evidence civil-rights coercion consent constitutional-rights criminal-procedure due-process evidence-admission reasonable-doubt The state failure to prove beyond a reasonable doubt that the petitioner used coercion
22-399 Adam Dean Brown v. Florida Department of Corrections Eleventh Circuit 2022-10-31 Denied accident-reconstruction burden-of-proof certificate-of-appealability criminal-procedure criminal-trial due-process evidence expert-testimony ineffective-assistance-of-counsel prosecutorial-misconduct traffic-accident Did Petitioner satisfy the burden for the issuance of a certificate of appealability on his ineffective-assistance-of-counsel claims
22-5915 Charlesworth Rae v. Children's National Medical Center, et al. District of Columbia 2022-10-26 Denied IFP burden-of-proof burden-shifting civil-procedure employment-discrimination mcdonnell-douglas-test retaliation standard-of-review supervisor-misconduct vicarious-liability Whether the United States Court of Appeals incorrectly applied the McDonnell Douglas burden-shifting test
22-370 Percy Utley v. City of Houston, Texas, et al. Fifth Circuit 2022-10-19 Denied Response Waived 5th-circuit burden-of-proof civil-procedure civil-rights due-process fifth-circuit judicial-review pleading-standard probable-cause Whether the Fifth Circuit has so far departed from the accepted and usual application of the pleading standard as to require this Court's correction
22-5810 Martin Perez-Barrios v. United States Fifth Circuit 2022-10-12 Denied Response WaivedIFP burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-conviction sentencing statutory-maximum Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either …
22-5730 Quincy Campbell v. United States Seventh Circuit 2022-10-03 Denied Response WaivedIFP appellate-review burden-of-proof coconspirator-testimony criminal-procedure due-process judicial-error relevant-conduct sentencing sentencing-guidelines Whether the district court erred in sentencing the defendant
22-5694 Jonathan Lopez v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2022-09-27 Denied Response WaivedIFP burden-of-proof constitutional-rights criminal-defendant criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel judicial-review judiciary public-confidence standing Whether a criminal defendant is required to prove an ineffective-assistance-of-counsel claim on the face of the record?
22-211 Kelly Vandenberg v. University of Saint Thomas, aka University of St. Thomas (Houston) Fifth Circuit 2022-09-08 Denied burden-of-proof civil-procedure employment-discrimination pretext pretext-standard prima-facie-case reeves-v-sanderson rule-50 rule-56 summary-judgment Whether the narrow Reeves exceptions apply to Rule 56 summary judgment identically as they do under Rule 50
22-162 Tariq B. Alabbassi v. Christine E. Wormuth, Secretary of the Army Fifth Circuit 2022-08-23 Denied Response WaivedRelisted (2) administrative-procedure administrative-time-limit burden-of-proof circuit-court civil-rights due-process eeo-complaint employment-discrimination federal-regulations statute-of-limitations When does the 45-day time limit start under 29 C.F.R. § 1614.105(a)(1)?
22-5363 Rodney Flucas v. United States Ninth Circuit 2022-08-16 Denied Response WaivedIFP burden-of-proof criminal-intent criminal-procedure due-process federalism interstate-travel jury-instruction precedent sexual-conduct state-authority Was the Jury Erroneously Instructed That the Government Only had to Prove That Sexual Activity Was a 'Motivating Purpose' for Transportation of Person…
22-5337 Carlos Vazquez-Tellez v. United States Fifth Circuit 2022-08-11 Denied Response WaivedIFP burden-of-proof criminal-procedure due-process indictment jury-trial prior-conviction prior-convictions sentencing statutory-maximum Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either …
22-5315 Ryan Rydell Bonner v. Texas Texas 2022-08-09 Denied IFP burden-of-proof censorship clear-and-present-danger constitutional-law first-amendment free-speech government-regulation statutory-vagueness Whether the First Amendment requires the government to regulate speech with narrow specificity, even when the speech is provocative and challenging bu…
22-5295 Nizar Trabelsi, aka Nizar Ben Abdelaziz Trabelsi, aka Abu Qa'Qa v. United States District of Columbia 2022-08-04 Denied Response WaivedIFP burden-of-proof criminal-prosecution due-process extradition-treaty foreign-court-rulings judicial-deference ministerial-determination prior-prosecution willful-blindness Whether a trial court should defer to a foreign nation's determination of an extradition treaty violation or make its own findings
22-5126 Davis Lamar Brooks v. United States Fifth Circuit 2022-07-19 Denied Response WaivedIFP burden-of-proof civil-commitment conditional-release due-process fifth-circuit haldol-injection involuntary-medication involuntary-treatment mental-health preponderance-of-evidence standard-of-review whether-the-fifth-circuit-erred-by-affirming-the-district-court's-denial-of-mr-brooks'-motion-for-unconditional-release
22-5104 Nakia Adams v. United States Third Circuit 2022-07-14 Denied Response WaivedIFP burden-of-proof criminal-indictment criminal-procedure due-process felon-in-possession indictment speedy-trial third-circuit Did the Third Circuit err by not dismissing Mr. Adams' indictment on speedy-trial-grounds and/or the Government's failure to prove that he is a felon-…
22-5082 Brian Gonzales v. California California 2022-07-13 Denied Response WaivedIFP burden-of-proof constitutional-rights criminal-procedure due-process jury-instructions reasonable-doubt winship Does the failure to instruct juries in criminal trials that the prosecution must prove each element of the charged crime beyond a reasonable doubt vio…
22-5093 Jerry Leon Haliburton v. Florida Florida 2022-07-13 Denied IFP burden-of-proof capital-punishment clear-and-convincing-evidence death-penalty eighth-amendment fourteenth-amendment intellectual-disability state-law Whether the Eighth and Fourteenth Amendments permit States to impose on a capital defendant the burden of proving intellectual disability by clear and…
22-5099 Erwin Whitter v. Merrick B. Garland, Attorney General Eleventh Circuit 2022-07-13 Denied Response WaivedIFP advisal-statute burden-of-proof civil-rights constitutional-provisions due-process legal-rights public-defender right-to-counsel sixth-amendment Whether the petitioner has a right to be granted extended time to secure counsel, the right to obtain the burden of proof, and the right to the Sixth …
22-35 Yufan Zhang v. UnitedHealth Group, et al. Eighth Circuit 2022-07-12 Denied Response WaivedRelisted (2) 14th-amendment arbitration burden-of-proof due-process employment-termination equal-protection evidence-destruction intellectual-property Whether the burden of proof with clear and convincing evidence was improperly imposed on the plaintiff
22-5053 Jesus Perez-Solis v. United States Fifth Circuit 2022-07-08 Denied Response WaivedIFP burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either …
22-12 D. H. v. West Virginia Department of Health and Human Resources, et al. West Virginia 2022-07-05 Denied Response Waived 14th-amendment burden-of-proof child-welfare due-process parental-rights state-intervention Whether the termination of a natural mother's parental rights based on her refusal to confess to allegations when the state bears the burden of proof …
22-14 Brad Faver v. Harold W. Clarke, Director, Virginia Department of Corrections Fourth Circuit 2022-07-05 Denied Response Waived appellate-review burden-of-proof burden-shifting civil-rights district-court-finding due-process free-speech least-restrictive-means religious-accommodation sincerely-held-belief standing vendor-policy Whether the Appellate Court erred in failing to shift the burden to the Defendant's once Mr. Faver established a sincerely held belief that was burden…
21-8271 Raul Garcia-Salazar v. United States Fifth Circuit 2022-06-29 Denied Response WaivedIFP burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either …
21-8276 Isidoro Reyes-Lopez v. United States Fifth Circuit 2022-06-29 Denied Response WaivedIFP burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either …
21-8281 Jose Carreon-Gonzalez v. United States Fifth Circuit 2022-06-29 Denied Response WaivedIFP burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either …
21-8243 Michael Shane Bargo v. Florida Florida 2022-06-28 Denied IFP burden-of-proof criminal-defense due-process ineffective-assistance plea-of-not-guilty presumption-of-innocence right-to-counsel sixth-amendment structural-error Did Mr. Bargo show that a violation of his rights occurred, pursuant to McCoy, when he explicitly entered a plea of not guilty and maintained his inno…
21-8231 Fidel Torres-Villanueva v. United States Fifth Circuit 2022-06-24 Denied Response WaivedIFP burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either …
21-8211 Richard Vincent Letizia v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2022-06-23 Denied IFP burden-of-proof civil-rights constitutional-rights criminal-procedure due-process extradition federal-appeals habeas-corpus identity-dispute Whether the State of Texas can grant extended bail without first meeting the burden of proving the petitioner's identity?
21-8140 Richard Chippero v. Matthew J. Platkin, Acting Attorney General of New Jersey, et al. Third Circuit 2022-06-14 Denied Response WaivedIFP appellate-review burden-of-proof constitutional-rights criminal-conviction criminal-procedure due-process insufficient-evidence legal-sufficiency sufficiency-of-evidence Should Petitioner's convictions be vacated due to insufficient evidence?
21-8123 Terry Malone v. Pennsylvania Pennsylvania 2022-06-10 Denied Response WaivedIFP burden-of-proof controlled-substance criminal-procedure due-process fourteenth-amendment mandatory-presumption patterson-v-new-york rebuttable-presumption Did the superior court violate the due process clause of the fourteenth amendment and the dictates of this court in 'Patterson v. New York', 432 U.S. …
21-8041 Markentz Blanc v. United States Eleventh Circuit 2022-06-02 Denied Response WaivedIFP burden-of-proof civil-rights constitutional-rights due-process evidence evidentiary-standards judicial-interpretation procedural-protections standing state-law vagueness-doctrine Whether an unaddressed Constitutional claim not affirmatively contradicted by the record deserves review, and if so, should review under Due Process C…
21-7984 Emilio Gomez v. United States Eleventh Circuit 2022-05-27 Denied Response WaivedIFP burden-of-proof civil-rights due-process equal-protection standing summary-judgment Whether the courts erred in refusing to consider factual assertions when a petitioner has shown a prima facie case of discrimination
21-7950 Enrique Alejandro Faz v. United States Fifth Circuit 2022-05-24 Denied Response WaivedIFP 4th-amendment burden-of-proof constitutional-responsibility drug-conversation drug-evidence due-process evidence-discovery government-agent probable-cause warrantless-search Whether it is unconstitutional to derive from an alleged phone call that the conversation is about drugs simply because an agent of the government say…
21-7957 Samuel Morales v. United States Fifth Circuit 2022-05-24 Denied Response WaivedIFP burden-of-proof circumstantial-evidence conspiracy criminal-law criminal-procedure drug-conspiracy drug-crimes elements-of-crime reasonable-doubt Whether the government fails to prove the elements of a drug conspiracy beyond a reasonable doubt when it has only circumstantial evidence and that ev…
21-1459 Thomas Levien, et al. v. HIBU PLC, et al. Third Circuit 2022-05-18 Denied Response Waived alternative-forum american-federal-forum burden-of-proof conditional-dismissal forum-non-conveniens judicial-discretion jurisdiction jurisdictional-analysis statute-of-limitations Whether a proposed alternative forum is adequate and/or available if its statute of limitations has expired
21-7836 Bruce Edward Bingham, Jr. v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2022-05-11 Denied IFP burden-of-proof closing-arguments constitutional-ineffective-assistance criminal-procedure discovery-violation due-process due-process-violation prosecutorial-misconduct remorse right-to-counsel Was the prosecution's remarks regarding the 'conscience of the community' and 'remorse' prosecutorial misconduct, or allowable argument?
21-7828 Kimberly Jones v. United States Second Circuit 2022-05-10 Denied Response WaivedIFP burden-of-proof circuit-split criminal-history criminal-sentencing drug-quantity drug-quantity-determination intervening-arrest narcotics-guidelines personal-use sentencing-guidelines Who bears the burden of proving or disproving 'personal use' quantities when making drug quantity determinations for purposes of the narcotics guideli…
21-1404 Sunoco Partners Marketing & Terminals L.P., et al. v. Perry Cline, Individually and on Behalf of All Others Similarly Situated Tenth Circuit 2022-05-02 Denied Response RequestedResponse WaivedRelisted (2) appellate-jurisdiction burden-of-proof civil-procedure court-of-appeals district-court-order finality finality-doctrine good-faith-appeal protective-appeal Whether a court of appeals can refuse to exercise its jurisdiction to determine its own jurisdiction
21-7752 William Edward Gray v. Arkansas Arkansas 2022-04-29 Denied Response WaivedIFP appellate-review burden-of-proof due-process effective-assistance-of-counsel procedural-default sixth-amendment Whether trial counsel's failure to properly preserve error for appellate review constituted ineffective assistance
21-1369 Carter Page v. Oath Inc. Delaware 2022-04-21 Denied Amici (1)Response Waived burden-of-proof defamation first-amendment passive-voice public-figure qualified-language truth-standard Does couching factual claims in qualified language and in the passive voice suffice to render them 'true or substantially true' under the First Amendm…
21-7623 Mary Ann Lara v. United States Fifth Circuit 2022-04-14 Denied Response WaivedIFP Section 841 burden-of-proof controlled-substances criminal-intent criminal-law drug-quantity drug-trafficking federal-prosecution mens-rea rehaif-v-united-states statutory-interpretation Whether the Government must prove a defendant's knowledge of drug type and quantity in prosecutions under Title 21, Section 841
21-7589 Mark A. Brown v. Bernadette Mason, Superintendent, State Correctional Institution at Mahanoy, et al. Third Circuit 2022-04-11 Denied Response WaivedIFP appellate-review burden-of-proof constitutional-rights criminal-conviction criminal-procedure due-process evidence reasonable-doubt Whether the Court of Appeals finding that the state Courts conviction was based on a reasonable determination of the facts in light of the evidence pr…
21-7548 Sergey Genadievich Novitskiy v. Colorado Colorado 2022-04-05 Denied IFP bench-trial burden-of-proof constitutional-rights criminal-procedure due-process jury-trial standard-of-proof waiver Whether a defendant's choice to proceed to a bench trial in a criminal case lowers the prosecution's burden of proof
21-7444 Fnu John Sadiqullah v. United States Sixth Circuit 2022-03-23 Denied Response WaivedIFP burden-of-proof criminal-law criminal-procedure entrapment entrapment-defense government-agent-conduct inducement jury-instructions predisposition When a defendant requests a jury instruction on the affirmative defense of entrapment, what must be proven by the defendant to be entitled to such ins…
21-7438 Tramone Horne v. United States Sixth Circuit 2022-03-22 Denied Response WaivedIFP burden-of-proof criminal-procedure due-process federal-sentencing federal-sentencing-guidelines judicial-discretion judicial-review preponderance-of-evidence sentencing-guidelines statutory-interpretation Should the Court require proof by more than a preponderance of the evidence of facts that significantly increase the defendant's sentence range under …
21-7414 Gregory M. Hawes v. Michael Pacheco, Warden, et al. Tenth Circuit 2022-03-18 Denied Response WaivedIFP burden-of-proof criminal-procedure due-process mandatory-minimum sentencing statutory-maximum Whether Patterson v. New York has been abrogated by Apprendi and Alleyne
21-7404 Jose Antonio Barahona-Paz v. United States Fifth Circuit 2022-03-17 Denied Response WaivedIFP burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either …
21-1254 Allen Bregman v. Florida Florida 2022-03-16 Denied burden-of-proof circumstantial-evidence due-process ex-post-facto fifth-amendment fourteenth-amendment pre-indictment-delay sixth-amendment tactical-advantage united-states-v-lovasco Whether United States v. Gouveia departed from the two-tier test for determining a due-process violation
21-7367 Adam Shane Swindle v. S. Ma'at Fifth Circuit 2022-03-15 Denied Response WaivedIFP burden-of-proof certiorari-standard constitutional-interpretation court-procedure cruel-and-unusual-punishment due-process habeas-corpus judicial-discretion pandemic-review record-review Should an inmate be punished for an act they could not have known to be prohibited?
21-7352 Pedro Intzin-Guzman v. United States Fifth Circuit 2022-03-11 Denied Response WaivedIFP burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either …
21-7293 Jose Rodriguez-Vasquez v. United States Fifth Circuit 2022-03-07 Denied Response WaivedIFP burden-of-proof criminal-procedure due-process indictment jury-trial prior-conviction prior-convictions sentencing statutory-maximum Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either …
21-7295 Miguel Lerma-Reyes v. United States Fifth Circuit 2022-03-07 Denied Response WaivedIFP burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either …
21-1173 Joe Elton Nixon v. Florida Florida 2022-02-24 Denied Amici (1) and whether Florida's burden of proof for intelle atkins-v-virginia burden-of-proof capital-punishment constitutional-law eighth-amendment fourteenth-amendment intellectual-disability teague-rule teague-v-lane whether-the-decision-in-hail-v-florida-announced-a-new-rule-of-constitutional-law
21-7119 Victor Carlos Castano v. United States Sixth Circuit 2022-02-15 Denied IFP burden-of-proof criminal-procedure enterprise fifth-amendment grand-jury jury-instructions proffer-agreement rico-conspiracy sentencing sentencing-enhancement Whether the government was impermissibly relieved of its burden to prove each element of RICO Conspiracy
21-1108 Enron Nigeria Power Holding, Limited v. United States, et al. Fifth Circuit 2022-02-10 Denied Response Waived arbitration burden-of-proof civil-procedure commercial-activity foreign-sovereign-immunities-act international-law legal-immunity yacht-sale Whether a foreign state has engaged in commercial activity under the Foreign Sovereign Immunities Act
21-7072 Dontrell R. Wise v. United States Second Circuit 2022-02-08 Denied Response WaivedIFP appellate-review burden-of-proof criminal-conviction criminal-procedure drug-crimes drug-dealing due-process expert-testimony sufficiency-of-evidence Whether the Second Circuit Court of Appeals erred in affirming Dontrell Wise's conviction which was not supported by sufficient evidence to prove his …
21-1059 Citibank, N.A., et al. v. Irving H. Picard, Trustee for the Liquidation of Bernard L. Madoff Investment Securities LLC, et al. Second Circuit 2022-01-31 Denied Amici (1)Response Waived 11-usc-550 avoided-transfer bankruptcy bankruptcy-trustee burden-of-proof good-faith statutory-interpretation subsequent-transferee Whether a bankruptcy trustee seeking to recover an avoided transfer from a subsequent transferee under 11 U.S.C. 550 bears the burden of pleading and …
21-7012 Jessica Ewing v. Harold W. Clarke, Director, Virginia Department of Corrections Fourth Circuit 2022-01-31 Denied IFP burden-of-proof counsel-performance criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel innocence judicial-discretion plea-agreement plea-bargaining post-conviction Whether the previous court erred in denying Ms. Ewing's motion based on its own merits determination of her ineffective assistance of counsel claim
21-6974 Alfredo Gonzalez v. Angel Quiros, Commissioner, Connecticut Department of Correction Connecticut 2022-01-27 Denied Response WaivedIFP accessory-liability burden-of-proof criminal-procedure criminal-sentencing due-process firearm-enhancement firearms jury-determination manslaughter sentencing Does Connecticut's statutory scheme of accessory to manslaughter in the first degree with a firearm violate Due Process?
21-6944 Juan Coreno-Garay v. United States Fifth Circuit 2022-01-21 Denied Response WaivedIFP burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either …
21-6945 Johnnie W. Byrd, III v. David W. Gray, Warden Sixth Circuit 2022-01-21 Denied IFP burden-of-proof certificate-of-appealability criminal-justice-system criminal-procedure due-process federal-due-process-protections federal-judicial-system food-stamps judicial-review ohio-law sixth-circuit Can the citizens of the United States have confidence in the fairness of our criminal-justice-system and its reforms if our system tolerates the total…
21-6915 Maxwell Gaffney v. United States Ninth Circuit 2022-01-20 Denied Response WaivedIFP burden-of-proof causation criminal-law criminal-statute drug-distribution drug-trafficking federal-law foreseeability judicial-review jury-instructions proximate-cause sentencing Whether the enhanced penalty provision of 21 U.S.C. §841(b)(1)(C) requires a showing of proximate causation
21-1013 Republic of Turkey v. Lusik Usoyan, et al. District of Columbia 2022-01-18 Denied CVSGAmici (1)Response RequestedResponse WaivedRelisted (3) burden-of-proof discretionary-function-rule foreign-sovereign-immunities foreign-sovereign-immunities-act policy-analysis policy-prong presidential-protection presidential-security-detail state-visit-security use-of-force Whether the Discretionary Function Rule within the Foreign Sovereign Immunities Act applies to claims based upon a presidential security detail's use …
21-1001 Hakim Bey v. John Rivello, Superintendent, State Correctional Institution at Huntingdon, et al. Third Circuit 2022-01-14 Denied Response Waived burden-of-proof constitutional-challenge constitutional-law criminal-law criminal-procedure due-process jury-instruction jury-instructions reasonable-doubt Whether a jury instruction is unconstitutional if there is a reasonable likelihood that the jury understood it to allow conviction without proof beyon…
21-6785 Jarvis Thomas v. United States Ninth Circuit 2022-01-10 Denied Response WaivedIFP burden-of-proof circuit-split criminal-law criminal-procedure expert-testimony federal-rules-of-evidence government-witness hypothetical-question hypothetical-questions rule-704b Whether Fed. R. Evid. 704(b) precludes a government expert in a criminal case from opining that the defendant knowingly participated in the charged cr…
21-6770 Dave Elysee v. United States Eleventh Circuit 2022-01-06 Denied Amici (1)IFP burden-of-proof criminal-defendant criminal-defense due-process evidence legal-procedure police-investigation presumption-of-innocence suspect-identification trial-defense Whether a criminal defendant may mount a defense at trial based on an inadequate police investigation into another suspect
21-964 Sherrie Rye v. Lucas County Department of Job and Family Services Ohio 2022-01-04 Denied Response Waived adoption-and-safe-families-act burden-of-proof child-welfare civil-rights due-process family-law parental-rights santosky-standard standard-of-proof termination-of-parental-rights Should the Court expand the minimum burden of proof to terminate parental rights to a standard of proof beyond reasonable doubt and prohibit burden-sh…
21-6750 Claude Jerome Wilson, II v. United States Eleventh Circuit 2021-12-30 Denied Response WaivedIFP 28-usc-2255 armed-career-criminal-act burden-of-proof circuit-split constitutional-rule habeas-corpus johnson-claim residual-clause sentencing-enhancement violent-felony When the record is silent as to which enhancement clause applied, what showing is a § 2255 movant required to make to prove he is entitled to relief o…
21-6706 Billy Dean Smith v. United States Ninth Circuit 2021-12-22 Denied Response WaivedIFP burden-of-proof due-process fifth-amendment hearsay judicial-discretion sentencing uncharged-felony Did the district court violate Mr. Smith's Fifth Amendment Due Process rights by relying on unreliable, unsupported hearsay to, first, find that Mr. S…
21-851 Richa Narang v. United States Fourth Circuit 2021-12-08 Denied burden-of-proof criminal-procedure due-process grand-jury indictment jurisdiction mens-rea reinstatement statute Whether a district court has jurisdiction to try a defendant upon a finally dismissed indictment
21-6521 Jamar Allen v. Mississippi Mississippi 2021-12-06 Denied Response WaivedIFP appellate-review burden-of-proof constitutional-provisions court-filing due-process hallucinogenic-drug judicial-process legal-document procedural-rules reasons-for-granting-writ scotus-petition victim-testimony Whether the Due Process Clause requires the burden of proof to be met if the only evidence justifying the petitioner as the shooter is the victim's te…
21-827 Darek J. Kitlinski, et ux. v. Department of Justice, et al. Fourth Circuit 2021-12-06 Denied Response WaivedRelisted (2) burden-of-proof discriminatory-animus employee-rights employment-discrimination employment-rights federal-employment military-service protected-status reemployment-rights userra Whether the employee must prove that protected status or activity was a motivating factor or prove that the employer had hostility to military service…
21-825 Persephone Johnson Shon v. Bogdan Radu Ninth Circuit 2021-12-03 GVR Response RequestedResponse WaivedRelisted (3) ameliorative-measures article-13b burden-of-proof child-abduction custody-dispute grave-risk hague-convention international-child-abduction international-law Whether a district court is required to consider ameliorative measures after finding that a return would expose the child to grave risk
21-6487 Lisa Marie Cano v. United States Ninth Circuit 2021-12-01 Denied Response WaivedIFP burden-of-proof civil-procedure court-of-appeal court-of-appeals evidence historical-facts inevitable-discovery investigating-officer investigation verification Whether a court of appeal's inference regarding the future course of an investigation, unsupported by testimony from the investigating officer or by e…
21-816 Melvyn Gear v. United States Ninth Circuit 2021-12-01 Denied appellate-procedure burden-of-proof criminal-law due-process firearms greer-v-united-states legal-status plain-error rehaif-v-united-states statutory-interpretation Whether other subdivisions of 18 U.S.C. § 922(g) require knowledge of collateral law
21-6439 John Joseph Rushinsky, Jr. v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. Ninth Circuit 2021-11-30 Denied Response WaivedIFP burden-of-proof constitutional-rights criminal-law criminal-procedure due-process habeas-corpus ineffective-assistance-counsel ineffective-assistance-of-counsel prejudice strickland-standard May the state, consistent with Due Process, criminalize innocent behavior?
21-782 Rodney Renia Young v. Georgia Georgia 2021-11-24 Denied Amici (4) burden-of-proof capital-punishment constitutional-rights due-process eighth-amendment intellectual-disability state-law Does requiring a capital defendant to prove his intellectual disability beyond a reasonable doubt violate the Due Process Clause and the Eighth Amendm…
21-6310 Carlos Santos v. Christine Brannon-Dortch, Warden Seventh Circuit 2021-11-18 Denied Response WaivedIFP burden-of-proof circuit-split extraneous-information habeas-corpus jury-deliberations prejudice remmer-hearing Whether the state is still required to bear the burden at a Remmer hearing when the issue is litigated in the context of a habeas corpus petition, whe…
21-6275 David Wayne Dooley v. Kentucky Kentucky 2021-11-16 Denied Response WaivedIFP arizona-v-youngblood burden-of-proof civil-procedure confrontation-rights criminal-defendant criminal-procedure due-process evidence evidence-spoliation separation-of-witnesses state-action Is Due Process violated when a criminal defendant must bear the burden of showing bad faith in order to be entitled to a missing evidence instruction,…
21-6300 Ricky Cardenas v. United States Fifth Circuit 2021-11-16 Denied Response WaivedIFP burden-of-proof circuit-split criminal-procedure criminal-sentencing due-process judicial-procedure objection-standard presentence-report sentencing unjust-incarceration Whether the defendant bears a burden to disprove adverse conclusions of a Presentence Report?
21-709 Jacob Clark, et ux. v. Bernadette Stone, et al. Sixth Circuit 2021-11-15 Denied Response Waived 42-usc-1983 4th-amendment burden-of-proof child-protective-services civil-rights home-invasion home-privacy qualified-immunity warrantless-search warrantless-searches Whether qualified immunity applies to shield from liability child protective services case workers who repeatedly conduct warrantless searches of a ho…
21-6249 Daniel Rosa v. Bruce Gelb, Superintendent, Souza Baranowski Correctional Center First Circuit 2021-11-12 Denied Response WaivedIFP burden-of-proof certificate-of-appealability constitutional-rights criminal-law due-process habeas-corpus retroactive-application statutory-interpretation Whether a Court of Appeal's decision that failed to provide a reasoned justification for denying a Certificate of Appealability, but rather stated onl…
21-6164 Julia Lagunas-Hernandez v. United States Eighth Circuit 2021-11-04 Denied Response WaivedIFP burden-of-proof cell-phone-search constitutional-rights defense-counsel fair-trial jury marital-communication marital-communications prosecutorial-misconduct trial-strategy Whether the United States committed prosecutorial misconduct, depriving Petitioner of a fair trial
21-633 Gustavo Placancia-Rosendo v. United States Fifth Circuit 2021-10-29 Denied Response Waived acceptance-of-responsibility burden-of-proof criminal-procedure due-process plea-agreement relevant-conduct sentencing standard-of-proof Whether the government must meet a heightened standard of proof before claiming a defendant has 'falsely denied' uncharged 'relevant conduct' for purp…
21-579 Kenneth Eugene Smith v. John Q. Hamm, Commissioner, Alabama Department of Corrections, et al. Eleventh Circuit 2021-10-20 Denied accomplice-liability burden-of-proof capital-sentencing constitutional-rights due-process eighth-amendment fourteenth-amendment jury-instructions jury-trial sixth-amendment specific-intent Under Waddington v. Sarausad, does a general jury instruction on accomplice liability relieve the State of its burden to prove specific intent beyond …
21-5996 Jayson Thomas Weiss v. California California 2021-10-19 Denied IFP appellate-review burden-of-proof criminal-procedure due-process standard-of-review sufficiency-of-evidence Whether the evidence presented was sufficient to support the conviction
21-5989 Jeffrey G. Boyd v. United States Third Circuit 2021-10-18 Denied Response WaivedIFP burden-of-proof circuit-split contested-element criminal-procedure due-process harmless-error jury-instruction jury-instructions knowledge-element standard-of-review Whether the harmless error standard should apply to a failure to instruct the jury on a contested element of the offense
21-544 Joshua O. Thomas v. Farmers Insurance Exchange Tenth Circuit 2021-10-13 Denied Response Waived appellate-review burden-of-proof civil-procedure genuine-issue-of-material-fact inference-standard judicial-precedent material-fact standard-of-review summary-judgment Whether the district court and court of appeals have effectively abrogated this Court's binding precedent for reviewing a motion for summary judgment
21-5926 Rimma Kunik v. New York City Department of Education, et al. Second Circuit 2021-10-07 Denied Response WaivedRelisted (3)IFP age-discrimination burden-of-proof civil-rights discrimination discriminatory-intent employment employment-discrimination religious-discrimination standard-of-review workload-comparison workplace-harassment Whether the presence of defendants' recorded slurs is indispensable for a discrimination case or if ample evidence of discriminatory actions is suffic…
21-5910 Carlos Sauzo v. United States Fifth Circuit 2021-10-06 Denied Response WaivedIFP 5th-amendment 6th-amendment burden-of-proof constitutional-rights credibility due-process evidentiary-hearing fifth-amendment inconclusive-record judicial-review sixth-amendment Does the Fifth and Sixth Amendment require the lower court to address an evidentiary hearing when the record before the court is inconclusive as to wh…
21-5715 Ronald George Whitehouse v. United States Fifth Circuit 2021-09-21 Denied Response WaivedIFP appellate-review burden-of-proof co-defendant criminal-procedure drug-offenses drug-quantity due-process fifth-circuit probation-officer reversible-error sentencing Whether the district court committed reversible error in holding the petitioner responsible for 10 kilos of methamphetamine based on the probation off…
21-5735 Juan Manuel Lira-Salinas v. United States Fifth Circuit 2021-09-21 Denied Response WaivedIFP burden-of-production burden-of-proof criminal-procedure defendant-rights due-process fifth-circuit sentencing Whether the Fifth Circuit's practice of shifting the burden of production and proof to the defendant at sentencing violates a defendant's Due Process …
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
21-5574 Walter Manuel Marques-Mejia v. United States Fifth Circuit 2021-09-03 Denied Response WaivedIFP Almendarez-Torres burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-conviction sentencing statutory-maximum Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either …
21-5499 Joel Reyna-Aragon v. United States Fifth Circuit 2021-08-30 Denied Response WaivedIFP burden-of-proof court-of-appeals-division federal-sentencing-guidelines molina-martinez-v-united-states presumption-of-prejudice sentencing-error Whether an error in applying the Federal Sentencing Guidelines occasions a presumption of prejudice?
21-5523 Amos Kiprop Koech v. United States Eighth Circuit 2021-08-30 Denied Response WaivedIFP burden-of-proof cell-phone-evidence criminal-law criminal-statute federal-statutes interstate-commerce jurisdictional-element jury-instruction reasonable-doubt Does the jurisdictional element 'in or affecting interstate commerce' in federal criminal statutes require an actual effect on interstate commerce and…
21-5504 Eric Worley v. United States Sixth Circuit 2021-08-26 Denied Response WaivedIFP base-offense-level burden-of-proof confrontation-clause criminal-procedure drug-quantity evidence preponderance-of-evidence presentence-report sentencing sentencing-guidelines Whether the government failed to prove the drug quantity used to determine the defendant's base offense level by a preponderance of the evidence, in v…
21-5420 Naim Rasool Muhammad v. Texas Texas 2021-08-20 Denied IFP burden-of-proof capital-case constitutional-rights criminal-procedure ineffective-assistance ineffective-assistance-of-counsel prejudice preponderance-of-the-evidence strickland-standard strickland-v-washington texas-court-of-criminal-appeals Whether the Texas Court of Criminal Appeals erred in denying Naim Rasool Muhammad's claim of ineffective assistance of counsel under Strickland v. Was…
21-5388 Wilbert Kelly, Jr. v. Louisiana Louisiana 2021-08-18 Denied Response WaivedIFP age-restriction burden-of-proof constitutional-interpretation criminal-procedure due-process legal-standing post-conviction-relief presumption-of-innocence public-official sufficiency-of-evidence supreme-court-jurisdiction Whether the Louisiana Supreme Court erred in denying the petitioner's application for post-conviction relief despite the lack of evidence proving the …
21-5400 Maria Gonzalez Maldonado v. United States Eleventh Circuit 2021-08-17 Denied Response WaivedIFP burden-of-proof conspiracy criminal-law criminal-procedure drug-conspiracy drug-trafficking federal-sentencing methamphetamine-possession minor-participant sentencing sentencing-guidelines Did Maria Gonzalez Maldonado conspire to possess and/or actually and knowingly possess between 5kg-15kg kilograms of methamphetamine pursuant to U.S.S…
21-5303 William Pruitt v. United States Eleventh Circuit 2021-08-06 Denied Response WaivedIFP allen-charge burden-of-proof criminal-procedure due-process judicial-error judicial-instruction jury-coercion jury-deadlock jury-instructions retrial trial-procedure Whether the appeals court erred in affirming the use of its pattern modified 'Allen' charge with a deadlocked jury
21-167 Timothy Dasler v. Jennifer Dasler Vermont 2021-08-05 Denied 14th-amendment burden-of-proof civil-procedure constitutional-rights due-process ex-parte-action fraud-upon-court fraud-upon-the-court pre-trial-election standing Is it Unconstitutional to allow a party to make pre-trial elections that deprive another party their due process rights?
21-151 Feanyichi Ezekwesi Uvukansi v. Texas Texas 2021-08-03 Denied Response RequestedRelisted (16) brady-violation burden-of-proof due-process eyewitness-identification false-testimony habeas-corpus materiality materiality-standard prosecutorial-misconduct Whether the state courts disregarded Supreme Court precedent by requiring the petitioner to prove by a preponderance of the evidence that the prosecut…
21-5091 Brian Dunkley v. Shawn Phillips, Warden Sixth Circuit 2021-07-14 Denied Response WaivedIFP burden-of-proof circuit-split criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel plea-bargaining strickland-standard strickland-v-washington Whether the Sixth Circuit Court of Appeals has entered a decision in conflict with decisions of another United States court of Appeals on the same imp…
21-5054 Kevin Antonio Watson v. Virginia Virginia 2021-07-08 Denied IFP appellate-review burden-of-proof constitutional-rights criminal-procedure due-process evidence-sufficiency habeas-corpus ninth-circuit prosecutorial-misconduct reasonable-doubt sufficiency-of-evidence Whether after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the Commonwealth of Vir…
20-8345 Ricky Parkerson v. United States Fifth Circuit 2021-06-17 Denied Response RequestedResponse WaivedRelisted (2)IFP burden-of-production burden-of-proof confrontation-clause due-process sentencing sixth-amendment Whether the Fifth Circuit's practice of shifting the burden of production and proof to the defendant at sentencing violates a defendant's Due Process …
20-8328 Juan E. Seary-Colon v. United States First Circuit 2021-06-16 Denied Response WaivedIFP appellate-review burden-of-proof constitutional-challenge conviction-review criminal-procedure due-process insufficient-evidence legal-sufficiency procedural-review standard-of-review sufficiency-of-evidence Whether Evidence was Totally Insufficient for the Conviction to Stand
20-8334 Jerome Williams v. United States Eleventh Circuit 2021-06-16 Denied Response WaivedIFP 2255-motion acca armed-career-criminal-act burden-of-proof eleventh-circuit habeas-corpus johnson-precedent johnson-v-united-states legal-landscape section-2255 sentencing-review Where a § 2255 movant relies on evidence of the legal background at the time of his sentencing to prove he was sentenced under an unconstitutional law…
20-1745 Richard Sylvester v. United States First Circuit 2021-06-16 Denied 4th-amendment burden-of-proof community-caretaking fourth-amendment investigatory-motive law-enforcement-procedure police-policy probable-cause subjective-intent totality-of-circumstances vehicle-impound vehicle-impoundment whether-vehicle-impound-complies-with-4th-amendment
20-1754 Lawrence Joey Smith v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2021-06-16 Denied Response Waived appellate-procedure burden-of-proof certificate-of-appealability circuit-court-review criminal-procedure due-process jury-instructions prosecutorial-argument prosecutorial-misconduct reasonable-doubt Is it objectionable for a prosecutor to argue to the jury that a lack of evidence does not give rise to a reasonable doubt?
20-8231 Kevin Thomas Seigler v. United States Fourth Circuit 2021-06-04 Denied IFP appellate-review burden-of-proof circuit-split conspiracy criminal-conspiracy criminal-law drug-distribution due-process federal-courts single-transaction Is evidence of a single sale of illegal drugs, from one seller to one buyer, sufficient to support a conviction for conspiracy to distribute illegal d…
20-8147 Hasan Shareef v. William O'Donnell, et al. Third Circuit 2021-05-26 Denied Relisted (2)IFP burden-of-proof civil-rights due-process employment equal-protection standard-of-review Whether the evidence presented by the petitioner was sufficient to establish a prima facie case of discrimination under the relevant legal standards
20-8127 Guillermo Martinez-Torres v. United States Tenth Circuit 2021-05-25 Denied Response WaivedIFP 4th-amendment admissibility-of-evidence burden-of-proof circuit-split evidence-suppression exclusionary-rule fourth-amendment illegal-search suppression-of-evidence Does the defendant have the burden to prove the violation was the 'but for' cause of the subsequent discovery of contraband or is it the prosecution's…
20-1616 ComicMix, LLC, et al. v. Dr. Seuss Enterprises, L.P. Ninth Circuit 2021-05-19 Denied Response Waived burden-of-proof circuit-split copyright-act copyright-law de-novo-review exclusive-rights fair-use market-effect Whether fair use is a right of authors, thus placing the burden on plaintiffs to prove that fair use does not apply on defendants who assert that they…
20-1599 John Doe 7, et al. v. Chiquita Brands International, Inc. Eleventh Circuit 2021-05-17 Denied Amici (6)Response RequestedResponse WaivedRelisted (2) burden-of-proof civil-procedure confidentiality disclosure modification-standard protective-order rule-26c stipulated-order stipulation Does a party seeking to modify a stipulated Rule 26(c) protective order bear the burden of showing good cause for the modification?
20-8035 James W. Moore v. Ohio Ohio 2021-05-14 Denied IFP 14th-amendment burden-of-proof castle-doctrine due-process duty-to-retreat effective-assistance-of-counsel fourteenth-amendment jury-instructions self-defense Is Ohio's Castle Doctrine unconstitutional?
20-1538 Angela W. DeBose v. University of South Florida Board of Trustees, et al. Eleventh Circuit 2021-05-04 Denied bad-faith burden-of-proof civil-procedure independent-action judicial-fraud res-judicata rule-60 rule-60(b) rule-60(d) Whether a Rule 60(d) Independent Action to Attack a Final Judgment is a continuation or re-litigation of the prior case, barred by the doctrine of res…
20-7852 John Elmer v. Louisiana Louisiana 2021-04-26 Denied Response WaivedIFP burden-of-proof criminal-procedure due-process in-re-winship jackson-v-virginia sufficiency-of-evidence Whether the State failed to meet the stringent burden of proof as established by Jackson v. Virginia and In re: Winship
20-7830 Firas M. Ayoubi v. Wexford Health Sources, Inc., et al. Seventh Circuit 2021-04-23 Denied Response WaivedIFP burden-of-proof canton-analysis civil-rights deliberate-indifference due-process likelihood-on-the-merits monell-claim preliminary-injunction seventh-circuit supreme-court-precedent Did the Seventh Circuit's decision put an unreasonable requirement and heightened burden of proof in establishing likelihood on the merits at the prel…
20-1466 Hermandad de Empleados del Fondo del Seguro del Estado, Inc., et al. v. Commonwealth of Puerto Rico, et al. First Circuit 2021-04-20 Denied Response RequestedResponse WaivedRelisted (2) burden-of-proof constitutional-law contract-clause fiscal-crisis heightened-scrutiny legislative-impairment public-contract reasonableness-and-necessity Whether placing the burden of proof on the plaintiffs regarding the reasonableness and necessity of a legislation that impaired a public contract conf…
20-7772 Tanelle M. Jefferson v. Ohio Sixth Circuit 2021-04-16 Denied Response WaivedIFP burden-of-proof criminal-procedure due-process hearsay reasonable-doubt sufficiency-of-evidence Whether the State of Ohio proved the petitioner's guilt beyond a reasonable doubt?
20-7793 Edgar Ivan Lira Estrada v. United States Fifth Circuit 2021-04-16 Denied Response WaivedIFP burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either …
20-7757 James L. Toliver v. Florida Florida 2021-04-14 Denied Response WaivedIFP burden-of-proof constitutional-rights criminal-procedure due-process equal-protection harmless-error jury-instructions standard-of-review Whether similarly situated criminal defendants should be treated equally in pipeline cases where erroneous jury instructions have been given?
20-7684 Richard S. Glenn, Jr. v. United States Sixth Circuit 2021-04-07 Denied Response WaivedIFP administrative-law burden-of-proof civil-rights constitutional-law due-process federal-jurisdiction government-action judicial-review legal-precedent standing Whether the court applied the wrong standard of proof for a member of the public to establish standing to challenge a government action
20-1372 John Chambers v. Texas Texas 2021-03-31 Denied burden-of-proof due-process fourteenth-amendment governmental-record statutory-defense tampering-statute texas-tampering-with-governmental-record unforeseeable-judicial-expansion Whether the Court of Appeals violated the Due Process Clause of the Fourteenth Amendment
20-7590 Billy Earl Parker v. Oklahoma Oklahoma 2021-03-29 Denied IFP burden-of-proof civil-liberties constitutional-rights criminal-procedure due-process equal-protection evidence habeas-corpus judicial-review legal-procedure statutory-interpretation Question not identified
20-7591 Herminio Perales-Perez v. United States Fifth Circuit 2021-03-29 Denied Response WaivedIFP burden-of-proof criminal-procedure due-process indictment jury-determination jury-trial prior-conviction prior-convictions sentencing statutory-maximum Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either …
20-7543 Victor Real-Alomar, aka Toston v. United States First Circuit 2021-03-24 Denied Response WaivedIFP appeal appeal-waiver burden-of-proof constitutional-rights criminal-procedure first-amendment ninth-amendment plea-agreement plea-bargaining pretrial-detainee waiver Whether a criminal defendant must raise the issue of nonapplicability of a waiver of appeal in his opening brief or whether it falls upon the governme…
20-7456 Rafael Ayala-Solorio v. United States Fifth Circuit 2021-03-15 Denied Response WaivedIFP burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either …
20-7232 Raul Almanza-Portillo v. United States Fifth Circuit 2021-02-24 Denied Response WaivedIFP burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either …
20-7220 Antonio Diaz-Agurcia v. United States Fifth Circuit 2021-02-23 Denied Response WaivedIFP burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either …
20-7139 Chayce Aaron Anderson v. Colorado Colorado 2021-02-12 Denied IFP burden-of-proof constitutional-rights criminal-procedure double-jeopardy due-process fair-trial ineffective-assistance ineffective-assistance-of-counsel right-to-counsel substitute-counsel Whether the trial Court abused its discretion in denying Mr. Anderson's request for the appointment of substitute counsel and defense counsel's motion…
20-1101 Taniesheia Harden v. Comcast Corporation Seventh Circuit 2021-02-10 Denied Response Waived 42-U.S.C.-§-1981 42-usc-1981 burden-of-proof civil-procedure commercial-establishment court-of-appeals pleading-standard summary-judgment unsettled-law Is the grant of summary judgment proper when the movant does not meet its burden?
20-7083 Jeremy Brown v. United States Sixth Circuit 2021-02-08 Denied Response RequestedResponse WaivedRelisted (2)IFP 5th-amendment burden-of-proof collateral-review criminal-defendant criminal-procedure due-process presumption-of-innocence rehau-v-united-states retroactive-application Whether a criminal defendant has substantial due process rights under the Fifth Amendment of the United States Constitution
20-6958 Luis C. Paulino v. Thomas Griffin, Superintendent, Green Haven Correctional Facility Second Circuit 2021-01-28 Denied Response WaivedIFP 2nd-amendment burden-of-proof civil-rights constitutional-rights criminal-procedure due-process equal-protection justification-defense self-defense standing takings Whether the Second Amendment protects the right to carry firearms in public for self-defense
20-6931 Christopher Shawn Landreneau v. United States Fifth Circuit 2021-01-26 Denied Response WaivedRelisted (2)IFP burden-of-proof circuit-split criminal-procedure due-process evidence fifth-amendment presentence-report sentencing sentencing-guidelines Whether a district court may require a defendant to present his own evidence refuting a presentence investigation report's factual claims leading to a…
20-6884 Luis Alberto Andrade-Salas v. United States Fifth Circuit 2021-01-14 Denied Response WaivedIFP burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either …
20-6851 Jeffrey Lee Atwater v. Florida Florida 2021-01-13 Denied IFP burden-of-proof constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel mccoy-v-louisiana right-to-counsel sixth-amendment Did Mr. Atwater show a violation of the right to determine the objective of his defense and his right to hold the State to its burden of proof of each…
20-6778 Richard Anderson v. United States Second Circuit 2021-01-05 Denied Response WaivedIFP burden-of-proof courtroom-closure criminal-procedure family-member-exclusion public-trial sixth-amendment triviality-exception waller-v-georgia Whether there is a 'triviality exception' to the Sixth Amendment right to a public trial
20-6741 Peter J. McDaniels v. Kathleen Preito, et al. Ninth Circuit 2020-12-31 Denied Response WaivedIFP burden-of-proof civil-rights constitutional-rights document-request due-process evidence evidence-withholding legal-discovery spoliation state-officials summary-judgment Does spoliation shift the burden of proof in a summary judgment motion?
20-6732 Adams Joel Forty-Febres v. United States First Circuit 2020-12-30 Denied Response WaivedIFP appellate-review burden-of-proof criminal-conviction criminal-procedure due-process evidence-insufficiency first-circuit judicial-review standard-of-review statutory-interpretation sufficiency-of-evidence Whether Evidence was Totally Insufficient for the Conviction to Fairly Stand
20-6698 Richard H. Morrison v. Florida Florida 2020-12-23 Denied Response WaivedIFP appellate-review burden-of-proof constitutional-procedure criminal-procedure due-process evidentiary-burden habeas-corpus legal-burden procedural-standard state-courts state-jurisdiction Do the state have the burden, and then that burden shift back to the defendant to challenge?
20-6626 Ihab Masalmani v. Michigan Michigan 2020-12-15 Denied Response RequestedResponse WaivedRelisted (2)IFP burden-of-proof cruel-and-unusual-punishment due-process irreparable-corruption juvenile-justice juvenile-sentencing life-without-parole miller-hearing Whether the government must bear the burden of proof at a Miller hearing that a juvenile is irreparably corrupt, consistent with juveniles' rights to …
20-6624 Aaron Michael Aguilera v. California California 2020-12-14 Denied Response WaivedIFP burden-of-proof criminal-defendant criminal-defendant-rights due-process fair-trial harmless-error jury-instructions presumption-of-innocence right-to-testify structural-error Right-to-testify
20-790 Reginald Eric Sprowl v. Mercedes-Benz U.S. International, Inc. Eleventh Circuit 2020-12-09 Denied Response Waived burden-of-proof burden-shifting civil-procedure civil-rights disparate-treatment employment-discrimination mcdonnell-douglas prima-facie-case summary-judgment Should the McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1978) burden shifting test remain a part of the summary judgment analysis?
20-6559 Jesus Villarreal-Ramirez v. United States Fifth Circuit 2020-12-08 Denied Response WaivedIFP burden-of-proof criminal-procedure indictment jury-determination jury-trial prior-conviction sentencing statutory-maximum Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either …
20-6565 Simon Quinn v. Louisiana Louisiana 2020-12-08 Denied Response WaivedIFP burden-of-proof criminal-intent criminal-investigation criminal-procedure homicide-investigation obstruction-of-justice reasonable-doubt specific-intent statutory-interpretation underlying-conviction Whether there was sufficient evidence to support a conviction for obstruction of a homicide investigation
20-6517 Elvis Basic v. United States Eighth Circuit 2020-12-04 Denied Response WaivedIFP burden-of-proof circuit-split criminal-procedure drug-quantity federal-sentencing judicial-discretion sentencing sentencing-guidelines standard-of-review Whether a federal district court must use the 'err on the side of caution' principle when approximating the drug quantity?
20-770 John Nypl v. JPMorgan Chase & Co., et al. Ninth Circuit 2020-12-04 Denied Response Waived burden-of-proof civil-procedure federal-law federal-rules-civil-procedure judicial-deference motion-to-quash non-party-witness nonparty-witness rule-45 subpoena subpoena-compliance Whether the applicable burden on a moving-party seeking to quash the subpoena of a non-party witness under Fed. R. Civ. P. 45(d)(8) should be decided
20-6524 Joshua D. Myers v. Georgia Georgia 2020-12-03 Denied IFP burden-of-proof consent criminal-law criminal-procedure due-process jury-instructions lesser-included-offense sexual-assault sexual-battery standard-of-proof trial-court-discretion trial-procedure Whether the State proved the essential element of 'without the consent' beyond a reasonable doubt
20-761 Austin Joseph Campbell v. Missouri Missouri 2020-12-02 Denied Response Waived burden-of-proof consent criminal-law due-process jury-instructions sexual-assault Is evidence that a complainant does not remember giving consent, and states that she awoke from sleep during the sexual encounter, legally sufficient …
20-6494 Jose Andres Vera-Gutierrez v. United States Eighth Circuit 2020-12-01 Denied Response WaivedIFP appellate-review burden-of-proof criminal-procedure due-process evidence evidentiary-error harmless-error witness-credibility Whether erroneously admitted evidence critical to proving an element of the charged offense can be deemed harmless based on the appellate court's dete…
20-6408 Jose Hilario Fernandez-Vargas v. United States Fifth Circuit 2020-11-23 Denied Response WaivedIFP burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-conviction sentencing statutory-maximum Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either …
20-6395 Howard Griffith v. New York New York 2020-11-20 Denied Response WaivedRelisted (2)IFP burden-of-proof coram-nobis defense-counsel-discovery due-process ny-correction-law procedural-default severability sex-offender-registration sora-modification Whether the documents that a defense counsel is entitled to have access to prior to an initial Sex Offender Registry hearing also refer to the documen…
20-6389 Tomas Martinez-Rodriguez v. United States Fifth Circuit 2020-11-19 Denied Response WaivedIFP burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either …
20-681 Daniel E. Larkin, et ux. v. Commissioner of Internal Revenue District of Columbia 2020-11-17 Denied Response Waived burden-of-production burden-of-proof civil-procedure irs irs-restructuring judicial-review penalties statutory-interpretation supervisory-approval tax-law tax-penalties Does the Internal Revenue Service Restructuring and Reform Act of 1998 require the Secretary of the Treasury to come forward with evidence of written …
20-6296 David Lague v. United States Ninth Circuit 2020-11-13 Denied IFP burden-of-proof civil-procedure evidence evidence-admissibility intent prior-acts rule-404(b) rule-404b statistical-comparison statistics unlawful-acts unlawful-intent Whether data about a defendant's other acts are admissible under Rule 404(b) to show unlawful intent based only on comparisons or statistics, without …
20-6313 Kevin Merritt v. United States Fifth Circuit 2020-11-13 Denied Response WaivedIFP burden-of-proof circuit-split criminal-procedure due-process judicial-review presentence-report procedural-objection sentencing sentencing-unreasonableness whether-holguin-hernandez-v-united-states-is-relevant-to-preserving-claims-of-procedural-unreasonableness
20-6275 William Ford v. Mike Parris, Warden Sixth Circuit 2020-11-12 Denied IFP burden-of-proof ineffective-assistance ineffective-assistance-of-counsel ineffective-assistance-of-post-conviction-counsel post-conviction-counsel prejudice-prong procedural-default self-defense sufficiency-of-the-evidence trial-counsel Would jurist of reason disagree and find debatable the correctness of the Sixth and District Courts' finding of effective assistance of counsel
20-6276 Arek R. Fressadi v. Arizona, et al. Arizona 2020-11-12 Denied Response WaivedIFP burden-of-proof constitutional-violations court-rules due-process equal-protection first-amendment ineffective-assistance judicial-misconduct judicial-review oath-of-office procedural-default self-defense state-law supreme-court trial-counsel venue-transfer venue-transfer 20-6275" Would a jurist of reason find debatable the correc Whether failures to apply mandatory language of the U.S. Constitution, U.S. Supreme Court rulings, state law, and court rules are violations of the Du…
20-617 California Virtual Academies v. California Public Employment Relations Board California 2020-11-09 Denied Response Waived burden-of-proof constitutional-law due-process labor-relations prima-facie-case retaliation wright-line-test Whether California's Public Employment Relations Board may postpone consideration of employer evidence that contradicts a prima facie case of unlawful…
20-6226 Carlos Maez v. United States Seventh Circuit 2020-11-05 Denied Relisted (2)IFP appellate-review burden-of-proof criminal-procedure judicial-proceedings jury-instructions jury-verdict olano-standard plain-error plain-error-test sixth-amendment standard-of-review Whether a conviction following incorrect jury instructions, failure of the petit jury to make a finding on an essential element of a crime, and an app…
20-560 Brian Sullivan, et al. v. Nassau County Interim Finance Authority, et al. Second Circuit 2020-10-29 Denied Response Waived burden-of-proof constitutional-law contract-clause emergency-measure government-contracts less-deferential-standard reasonable-and-necessary state-impairment wage-freeze Whether the Court should re-examine the 'reasonable and necessary' test, applied under a 'less deferential' standard, when a State impairs its own con…
20-6156 Arlene Hernandez v. United States Fifth Circuit 2020-10-28 Denied Response WaivedIFP black-v-romano burden-of-proof controlled-substances drug-identification due-process fundamental-fairness probation-revocation state-narcotics texas-narcotics Whether the Government's failure to prove a suspected substance is actually a dangerous drug or controlled substance in a probation revocation case pr…
20-6141 David William Smith v. United States Fourth Circuit 2020-10-27 Denied Response WaivedIFP burden-of-proof confrontation-clause evidence-rule-701 expert-testimony hearsay-evidence law-enforcement-testimony lay-opinion professional-experience rule-701 rule-702 testimonial-hearsay When can law enforcement officers offer lay opinions based on professional experience?
20-6070 James Dee Gilmore, Jr. v. United States Ninth Circuit 2020-10-19 Denied Response WaivedIFP burden-of-proof criminal-procedure due-process evidence-admissibility interrogation-techniques miranda-rights sixth-amendment voluntary waiver whether-the-ninth-circuit-court-of-appeals-established-a-troubling-precedent-inconsistent-with-edwards-v-arizona-and-lego-v-twomey
20-6025 Steven McManus v. Mary Vann, Superintendent, Altona Correctional Facility Second Circuit 2020-10-15 Denied IFP burden-of-proof emotional-appeals evidence-mischaracterization fair-trial inflammatory-statements prosecutorial-misconduct vouching witness-vouching Whether the cumulative effect of the prosecutor's actions deprived the petitioner of a fair trial?
20-5980 Anthony Brawner, aka Anthony Barber v. United States District of Columbia 2020-10-09 Denied Response WaivedIFP appellate-review burden-of-proof civil-procedure court-procedure due-process jurisdiction legal-standard standing subject-matter-jurisdiction Can a valid claim of subject-matter jurisdiction ever come under a procedural bar?
20-5957 Darius Taurean Caldwell v. United States Eleventh Circuit 2020-10-08 Denied Response WaivedIFP burden-of-proof civil-rights criminal-procedure due-process evidence sentencing Why was the accused Andrey Paneer described with code names and not have his real name used?
20-5935 Frank Allen Levi Holland v. Michigan Michigan 2020-10-07 Denied IFP burden-of-proof compulsory-violations confrontational-violations constitutional-rights criminal-procedure due-process evidence-admission ineffective-assistance-of-counsel jury-instructions prosecutorial-misconduct Whether the Michigan courts violated the petitioner's state and federal constitutional right to due process of law
20-5929 Tommy Lee Jones v. United States Sixth Circuit 2020-10-06 Denied Response WaivedIFP 2g2.2(b)(5) burden-of-proof criminal-procedure offense-conduct police-report restitution sentencing-guidelines shepard-standard shepard-v-united-states unreliable-evidence Can the government utilize an unreliable nearly thirty (30) year old police report to satisfy its burden the sentencing guideline five (5) level enhan…
20-5930 Diego Palacios-Villalon v. United States Fifth Circuit 2020-10-06 Denied Response WaivedIFP appellate-review burden-of-proof criminal-procedure culpability drug-trafficking judicial-discretion mitigating-role sentencing-guidelines Does a defendant have the sole obligation in the establishment of these elements or does the trial judge have a duty to inquire into them?
20-5872 Jesus Sanchez-Chacon v. United States Fifth Circuit 2020-10-02 Denied Response WaivedIFP burden-of-proof criminal-procedure due-process indictment jury-determination jury-trial prior-conviction sentencing statutory-maximum Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either …
20-5882 Omero Nino-Guerrero v. United States Fifth Circuit 2020-10-01 Denied Response WaivedIFP burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either …
20-5883 Kyle Patrick Comrie v. California California 2020-10-01 Denied IFP burden-of-proof constitutional-rights criminal-procedure due-process felony-murder jury-findings jury-instructions reasonable-doubt sandstrom sufficiency-of-evidence Did the trial court permit prejudicial error by allowing the jury to find first-degree murder without specific findings of fact on each required eleme…
20-5828 Roderick A. Carter v. CPC Logistics, Inc., et al. Fourth Circuit 2020-09-28 Denied Response WaivedIFP administrative-law burden-of-proof driver-fatigue employer-admissions employment-discrimination federal-regulations protected-activity retaliation staa-protection trucking-safety whistleblower-protection When an employer admits to a violation in writing to the federal government, should they be held accountable to their words?
20-5704 Leonard Borden v. United States Fifth Circuit 2020-09-15 Denied Response WaivedIFP burden-of-proof co-conspirator-testimony criminal-procedure due-process factual-statements guideline-application preponderance-of-evidence presentence-report sentencing-guidelines sentencing-hearing does a defendant have an obligation to prove the facts in the PSR are inaccurate or untrue after the defendant objects to the factual statements and t…
20-5709 Rickey Cole v. United States Fifth Circuit 2020-09-15 Denied Response WaivedIFP and proven to a jury beyond a reasonable doubt? placed in the indictment burden-of-proof constitutional-law criminal-procedure due-process federal-sentencing grand-jury indictment jury-trial sentencing sentencing-guidelines Whether facts that affect the minimum or maximum reasonable federal sentence must be found by a grand jury, placed in the indictment, and proven to a …
20-5710 Jaime E. Coca-Ortiz v. United States Fifth Circuit 2020-09-15 Denied Response WaivedIFP burden-of-proof criminal-procedure due-process indictment jury-trial prior-conviction prior-convictions sentencing statutory-maximum Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either …
20-5693 In Re Terron Garhard Dizzley 2020-09-14 Denied Relisted (2)IFP burden-of-proof constitutional-rights double-jeopardy fifth-amendment hung-jury jury mistrial trial-procedure unanimous-verdict Whether the judges ruling that the jury's failure to reach a unanimous decision was not a failure on the jury's part was acquittal and the constitutio…
20-5653 Hermenegildo Margarito Espinoza Espinoza v. United States Fifth Circuit 2020-09-10 Denied Response WaivedIFP burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-conviction sentencing statutory-maximum Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either …
20-5604 Atorbe Aaron Isibor v. United States Ninth Circuit 2020-09-08 Denied Response WaivedIFP appellate-review burden-of-proof criminal-procedure federal-rules forfeiture olano venue venue-insufficiency waiver waiver-doctrine Whether a defendant who argues for the first time on appeal that the government failed to meet its burden to prove venue waives the issue or merely fo…
20-5606 Keith A. Brown v. Alberto Ramirez Ninth Circuit 2020-09-08 Denied Response WaivedIFP burden-of-proof certificate-of-appealability constitutional-rights criminal-procedure due-process evidence-suppression fourth-amendment incompetent-defendant motion-to-suppress suppression-of-evidence When the state fails to carry its burden of proof in a motion to suppress hearing, is the remedy suppression of the evidence or can the state have a s…
20-266 Bradley Bieganski v. Arizona Arizona 2020-09-02 Denied Response Waived affirmative-defense burden-of-proof child-molestation constitutional-limits criminal-statute due-process presumption-of-innocence sexual-intent Whether Arizona's molestation statute violates the Due Process Clause
20-222 Goldman Sachs Group, Inc., et al. v. Arkansas Teacher Retirement System, et al. Second Circuit 2020-08-25 Judgment Issued Amici (24)Relisted (2) basic-v-levinson burden-of-proof materiality price-impact reliance securities-class-action Whether a defendant in a securities class action may rebut the presumption of classwide reliance
20-5479 Santos Mondragon Benitez v. United States Fifth Circuit 2020-08-25 Denied Response WaivedIFP burden-of-proof criminal-indictment criminal-procedure defendant-rights due-process jury-determination jury-trial prior-conviction sentencing statutory-maximum Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either …
20-5283 Mauricio Lemus v. United States Fifth Circuit 2020-08-06 Denied Response WaivedIFP burden-of-proof crime-of-violence criminal-procedure due-process preponderance-of-evidence preponderance-of-the-evidence revocation-hearing sentencing supervised-release Whether at a supervised-release revocation hearing the government must prove by a preponderance of the evidence its contention that a defendant's cond…
20-5226 Jose Flores-Dominguez v. United States Fifth Circuit 2020-07-30 Denied Response WaivedIFP burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-conviction sentencing statutory-maximum Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either …
20-5208 William Monterial Jones v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2020-07-29 Denied IFP burden-of-proof civil-rights criminal-conviction criminal-procedure due-process evidence identity identity-evidence procedural-default state-prosecution Whether the State sufficiently proved Petitioner's guilt when no contemporaneous identity evidence existed to link Petitioner as the perpetrator?
20-5191 Joshua Edwards v. United States Fifth Circuit 2020-07-28 Denied Response WaivedIFP burden-of-proof criminal-procedure criminal-trial due-process elements-of-crime elements-of-offense fifth-circuit jury-instructions trial-defense Did the United States Court of Appeals for the Fifth Circuit err when it held that the district court's failure to instruct the jury on the elements o…
20-5120 Giovanni Cotto, aka Monte v. United States Second Circuit 2020-07-21 Denied Response WaivedIFP burden-of-proof circuit-split criminal-procedure criminal-prosecution federal-statute mens-rea official-proceeding statutory-interpretation witness-retaliation Whether the government must prove the defendant knew the witness testified at an 'official proceeding' under 18 U.S.C. § 1513(b)(1)
20-5041 Justin L. Sain v. United States Sixth Circuit 2020-07-13 Denied Response WaivedIFP alleyne-standard Alleyne-v-United-States burden-of-proof criminal-sentencing drug-statute federal-drug-statute mandatory-minimum Mullaney-v-Wilbur safety-valve Whether the government, instead of the individual, is required to prove at least one safety-valve fact beyond a reasonable doubt pursuant to Alleyne-v…
20-5030 Jimmy Lee Franklin v. United States Eleventh Circuit 2020-07-10 Denied Response RequestedResponse WaivedRelisted (2)IFP 28-usc-2255 acca-provision acca-sentence burden-of-proof constitutional-challenge criminal-defendant federal-statutory-enhancement-provision retroactive-constitutional-decision section-2255 sentencing-relief statutory-enhancement Whether a criminal defendant moving for relief under 28 U.S.C. § 2255 can satisfy his burden of proof by showing that his sentence may have been based…
20-5008 Emilio Garza v. United States Fifth Circuit 2020-07-09 Denied Response WaivedIFP burden-of-proof criminal-law due-process federal-statute firearm-possession interstate-commerce mens-rea statutory-interpretation Whether 18 U.S.C. §922(g) authorizes conviction upon proof that a firearm once crossed state lines at an unspecified prior occasion, when there is no …
19-8923 Bryant Okeff Leggett v. United States Sixth Circuit 2020-07-08 Denied Response WaivedIFP appellate-review burden-of-proof criminal-procedure drug-activity drug-house evidence judicial-discretion sentencing-enhancement sentencing-guidelines trial-court-error Whether the district court improperly applied a two-level enhancement for maintaining a drug house where there was no evidence that the defendant's pr…
19-1471 Jessica Lynn Tkacz v. Daniel G. Bogden, et al. Ninth Circuit 2020-07-08 Denied Response Waived administrative-law due-process evidentiary-standard. immigration standard-of-review administrative-law administrative-review burden-of-proof due-process evidence-standard immigration immigration-law judicial-review marriage-fraud standard-of-review Is the deferential 'substantial evidence' standard employed by federal courts to review decisions of the Board of Immigration Appeals fundamentally in…
19-8882 George Donald Hatt, Jr. v. Washington Washington 2020-07-02 Denied IFP burden-of-proof due-process first-aggressor jury-instruction self-defense sua-sponte substantial-rights sufficiency-of-evidence Did the First Aggcessor Jury Instruction, issued sua sponte, violate due process by celieving the state of its burden to disprove self-defense?
19-8865 Alexander M. Schultz v. Wisconsin Wisconsin 2020-06-30 Denied IFP burden-of-proof charging-documents double-jeopardy imprecise-language same-offense successive-prosecutions For purposes of the Double Jeopardy Clause, what is the proper test, and assignment of burdens, for determining whether two prosecutions are factually…
19-1438 George Abernathy v. United States Sixth Circuit 2020-06-30 Denied Response Waived 5th-amendment 6th-amendment 8th-amendment burden-of-proof civil-procedure civil-rights constitutional-rights due-process fifth-amendment free-speech property-forfeiture standing summary-judgment takings Whether the Court has abandoned the principle that 'one constitutional right should not have to be surrendered in order to assert another'
19-8791 Jose Angel Vasquez-Soto v. United States Fifth Circuit 2020-06-23 Denied Response WaivedIFP burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either …
19-8794 Casey Rafael Tyler v. Erik A. Hooks, Warden Fourth Circuit 2020-06-23 Denied Response WaivedIFP burden-of-proof criminal-possession criminal-procedure due-process habeas-corpus jurisdictional-requirements restitution territorial-jurisdiction Has the burden of proof been removed in criminal possession cases?
19-8763 James Delglyn v. Paulino Barros, et al. Wisconsin 2020-06-19 Denied Response WaivedIFP burden-of-proof credit-report credit-reporting debt-verification hearsay-evidence judicial-procedure state-statutes wisconsin-law wisconsin-supreme-court Is it reasonable to demand verification of an alleged debt in the form of a written contract, evidence of a transaction or a sworn statement from a cl…
19-1383 Michael Leidig, et al. v. BuzzFeed, Inc. Second Circuit 2020-06-16 Denied Response Waived burden-of-proof civil-rights credibility evidence evidentiary-standard falsity first-amendment free-press free-speech freedom-of-the-press libel media-defendant summary-judgment Does the First Amendment alter the weight to be accorded a libel plaintiff's evidence, rendering the plaintiff unable, by his or her sworn statement o…
19-8627 Isaac Cardenas v. Texas Texas 2020-06-05 Denied IFP burden-of-proof circumstantial-evidence consciousness-of-guilt criminal-procedure due-process evidence inference inference-vs-speculation speculation Whether the state court violated the federal due process clause when it ventured into the realm of mere speculation when deciding an insufficiency of …
19-8597 Lewis McKenzie v. United States Eleventh Circuit 2020-06-04 Denied Response RequestedResponse WaivedRelisted (2)IFP 28-usc-2255 armed-career-criminal-act burden-of-proof gatekeeping-requirement johnson-claim johnson-v-united-states residual-clause section-2255 sentencing-enhancement violent-felony When the record is silent as to which enhancement clause applied, what showing is a § 2255 movant required to make to satisfy the requirements of § 22…
19-1332 Tonya Knowles v. Department of Veterans Affairs Federal Circuit 2020-06-02 Denied Response Waived 5-usc-2302 5-usc-2302-(b)(8)-(9) agency-investigation agency-official burden-of-proof investigation prohibited-personnel-practice protected-disclosure retaliation retaliation-motive whistleblower whistleblower-protection When an Employee makes a protected disclosure, regarding a Prohibited Personnel Practice which falls under statue 5 USC 2302(b)(8)-(9), against an age…
19-8567 Thintinus Noseth Taylor v. United States Ninth Circuit 2020-05-29 Denied Response WaivedIFP 18-usc-922 2nd-amendment burden-of-proof constructive-possession criminal-procedure criminal-statute due-process firearm-prohibition second-amendment standard-of-proof Whether the Ninth Circuit's low burden of proof for possession of a firearm in cohabitation cases extends the scope of 18 U.S.C. § 922(g) beyond its p…
19-8532 Lester B. Lynch v. Beth Cabell, Warden Virginia 2020-05-23 Denied Response WaivedIFP brady-v-maryland burden-of-proof constitutional-rights due-process exculpatory-evidence habeas-corpus prosecutorial-misconduct strickler-v-greene Were the petitioner's 5th and 14th Amendment rights violated when the Commonwealth failed to provide the trial court with exculpatory evidence?
19-8489 Jason Mitchell Abbo v. United States Tenth Circuit 2020-05-18 Denied Response WaivedIFP acca acca-enhancement burden-of-proof criminal-justice due-process equal-protection juvenile-conviction predicate-offense sentencing sentencing-enhancement Does a juvenile conviction for possession of a controlled substance qualify as a prior predicate conviction for an ACCA enhancement?
19-8438 Rodney Lyn Emil v. Nevada Nevada 2020-05-12 Denied IFP aggravating-factors burden-of-proof capital-sentencing constitutional-procedure death-penalty jury-finding jury-instructions mitigating-circumstances reasonable-doubt Is Nevada's capital sentencing procedure unconstitutional after Hurst v. Florida?
19-8336 Igancio Reyes-Yanez v. United States Ninth Circuit 2020-04-22 Denied Response WaivedIFP burden-of-proof constitutional-rights criminal-procedure defendant-testimony due-process jury-instruction jury-instructions presumption-of-innocence Should the government be allowed to tell a jury that there is no presumption of innocence for a defendant's testimony?
19-8326 Charles Brandon Martin v. Maryland Maryland 2020-04-21 Denied Response WaivedIFP brady-violation burden-of-proof confrontation-clause evidence-sufficiency materiality materiality-standard sufficiency-of-evidence voir-dire witness-availability When a Brady violation (Brady v. Maryland, 373 U.S. 83 (1963)) occurs, must the Court take into account the effects of the Brady violation, or simply …
19-8302 Richard H. Morrison v. Florida Florida 2020-04-19 Denied IFP burden-of-proof due-process habitual-offender hearsay hearsay-evidence judicial-notice preponderance-of-evidence prison-release-reoffender sentencing-enhancement Is the state required to prove the defendant qualifies as a PRR by a preponderance of the evidence?
19-8304 Timothy J. McVay v. Illinois Illinois 2020-04-19 Denied Response WaivedIFP actus-reus burden-of-proof civil-rights constitutional-rights criminal-procedure due-process first-degree-murder mens-rea presumption-of-innocence Whether a bench trial conviction of first degree murder can be upheld without evidence
19-8217 Blake Jones v. McKee Foods Corporation Eighth Circuit 2020-04-09 Denied Response WaivedIFP burden-of-proof civil-procedure discovery evidence pleadings summary-judgment Whether a defendant may ignore evidence provided through interrogatories, depositions, and motions for the purpose of summary judgment and have the wo…
19-8189 Jose E. Ramos v. Connecticut Connecticut 2020-04-06 Denied Response WaivedIFP burden-of-proof civil-procedure dispute-resolution due-process judicial-jurisdiction jurisdiction legal-standing procedural-compliance ripeness-doctrine standing Whether the jurisdiction of the trial court to decide the issue is called into question, and whether the party seeking the exercise of jurisdiction ha…
19-8175 Kitrich A. Powell v. Nevada Nevada 2020-04-03 Denied IFP aggravating-factors burden-of-proof capital-punishment constitutional-rights death-penalty jury-instructions mitigating-circumstances sixth-amendment Did the Nevada Supreme Court violate Mr. Powell's constitutional rights by making the outweighing requirement an afterthought for the jury, used only …
19-8121 Nikkolas Thompson v. United States Eighth Circuit 2020-03-27 Denied Response WaivedIFP admiralty-rules burden-of-proof civil-asset-forfeiture civil-procedure constitutional-challenge currency-seizure due-process pleading-standards standing Whether the 2000 amendments to the Civil Asset Forfeiture act are constitutional where it requires a Claimant to prove the source of the funds in ques…
19-8048 Collyer Goodman v. United States Second Circuit 2020-03-20 Denied Response WaivedIFP appellate-review burden-of-proof circuit-court circuit-court-split conspiracy criminal-conviction criminal-law due-process narcotics narcotics-conspiracy sentencing shared-objective supreme-court Whether the United States Court of Appeals for the Second Circuit erred by affirming the judgment of conviction and sentence pronounced by the United …
19-8022 Clarence Wayne Dixon v. David Shinn, Director, Arizona Department of Corrections, et al. Ninth Circuit 2020-03-19 Denied IFP burden-of-proof chapman-v-california deck-v-missouri due-process habeas-corpus ineffective-assistance reasonable-doubt shackling shackling-error sixth-amendment When a trial court unjustifiably orders a defendant shackled throughout trial contrary to the rule in Deck v. Missouri, is the burden on the defendant…
19-8010 Joseph Chhim v. City of Houston, Texas, et al. Fifth Circuit 2020-03-16 Denied Response WaivedRelisted (2)IFP administrative-procedure burden-of-proof civil-rights due-process employment-discrimination hiring-process job-referral performance-review pre-qualification prequalification termination Whether Appellant was discriminated against in the initial prequalification process?
19-7971 William L. Lewis v. Illinois Illinois 2020-03-12 Denied Response WaivedIFP bias burden-of-proof criminal-procedure due-process judicial-error prejudice prior-convictions reasonable-doubt robbery sentencing sufficiency-of-evidence Did the trial court and appellate court err in entering a finding of guilt on a single count robbery when the government did not prove petitioner's gu…
19-1097 Enzo Life Sciences, Inc. v. Becton, Dickinson and Company, et al. Federal Circuit 2020-03-06 Denied Relisted (2) aia burden-of-proof due-process inter-partes-review patent patent-validity retroactive-legislation retroactivity takings vested-rights Does the application of inter partes review to a patent that issued before the enactment of the AIA violate the Due Process Clause because it retroact…
19-7873 Derrick Michael Allen, Sr. v. United States Fourth Circuit 2020-03-04 Denied Response WaivedIFP burden-of-proof case-dismissal civil-procedure civil-rights court-procedure criminal-procedure due-process firearms judicial-review jurisdiction legal-error mens-rea standing statutory-interpretation supreme-court-jurisdiction Whether the government must prove the defendant's knowledge of his prohibited status in order to convict under 18 U.S.C. 922(g)
19-7833 Inocente Rodriguez-Juarez v. United States Fifth Circuit 2020-03-02 Denied Response WaivedIFP burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either …
19-7794 Jeremy Shane Fogleman v. Mississippi Mississippi 2020-02-27 Denied Amici (1)Response RequestedResponse WaivedRelisted (2)IFP burden-of-proof civil-rights constitutional-rights criminal-procedure due-process fourteenth-amendment sentencing sentencing-enhancement sixth-amendment Does the Supreme Court of the State of Mississippi's 5-4 decision violate the petitioner's rights under the Sixth and Fourteenth Amendments of the Uni…
19-7797 Lonnie W. Hubbard v. United States Sixth Circuit 2020-02-27 Denied Response WaivedIFP burden-of-proof controlled-substances criminal-law criminal-procedure criminal-statute due-process medical-necessity medical-practice medical-purpose prescription-dispensing prescription-drugs professional-practice statutory-interpretation Whether the Court of Appeals erred by holding a jury could rationally conclude that defendant pharmacist abdicated his duty under §§ 1306.04(a) & 841(…
19-7789 Steven Klein v. California, et al. Ninth Circuit 2020-02-26 Denied IFP burden-of-proof cage-v-louisiana criminal-procedure due-process fourteenth-amendment jury-instructions reasonable-doubt structural-error sullivan-v-louisiana Whether the trial court erred by overruling Klein's objection to prosecution's misstated of the burden of proof during closing arguments
19-7760 Jeremy Achey v. United States Eleventh Circuit 2020-02-25 Denied Response WaivedIFP burden-of-proof conspiracy controlled-substance controlled-substance-analogue criminal-sentencing drug-conspiracy due-process federal-drug-law mandatory-minimum sentencing statutory-interpretation statutory-penalties Whether the government must prove that a defendant conspired to distribute the specific controlled substance analogues charged in the indictment
19-7735 Ronnie Kearby v. United States Fifth Circuit 2020-02-21 Denied Response WaivedIFP base-offense-level burden-of-proof drug-conspiracy drug-quantities drug-quantity due-process evidence federal-courts non-testifying-coconspirator non-testifying-informant preponderance-of-evidence Whether a court may accept a mere allegation of estimated drug quantities from a non-testifying coconspirator informant as satisfaction of the Governm…
19-7713 Ronelle Lamar Oudems v. United States Fifth Circuit 2020-02-20 Denied Response WaivedIFP burden-of-proof circuit-split confrontation-clause confrontation-right criminal-procedure due-process presentence-report sentencing Whether the burden of proof for factual findings in a Presentence Report should be on the government or the defendant
19-7724 Byron R. Barker v. Texas Texas 2020-02-20 Denied IFP burden-of-proof constitutional-rights criminal-procedure due-process evidence-rule-403 extraneous-offenses fair-trial texas-code-of-criminal-procedure texas-criminal-procedure texas-rules-of-evidence Does the introduction of extranseous offenses, pursuant to Texas Code of Criminal Procedure Article 38.37 violate the right to a fair trial and shift …
19-7671 Daquan Ossie Bradley v. Minnesota Minnesota 2020-02-14 Denied Response WaivedIFP appellate-review burden-of-proof constitutional-law court-trial due-process judicial-review standard-of-review structural-error sullivan-v-louisiana trial-procedure Whether a court-trial verdict that is based on a constitutionally-deficient burden of proof is structural error under Sullivan v. Louisiana, 508 U.S. …
19-1020 Florence Bikundi v. United States District of Columbia 2020-02-14 Denied Response Waived burden-of-proof continuance district-court-discretion due-process ends-of-justice ends-of-justice-continuance forfeiture fraud fraud-conduct restitution sentencing sentencing-guidelines speedy-trial-act Whether a district court granting an ends-of-justice continuance under the Speedy Trial Act violates the requirement to set forth reasons
19-7624 Jerome Shaw v. United States Second Circuit 2020-02-12 Rehearing Response WaivedRelisted (2)IFP acceptance-of-responsibility burden-of-proof criminal-procedure due-process eighth-amendment excessive-fines excessive-fines-clause fatico-hearing sentencing Whether the District Court violated Petitioner's Due Process Rights
19-7633 Anthony Allen v. Illinois Illinois 2020-02-12 Denied Response WaivedIFP burden-of-proof criminal-law criminal-procedure due-process fourteenth-amendment intent-element jury-instruction jury-instructions presumption-of-intent reasonable-doubt Whether the jury instruction that 'the law presumes that a person intends the ordinary consequences of his voluntary acts' violates the Fourteenth Ame…
19-7608 Juan Perez-Roman v. United States Fifth Circuit 2020-02-07 Denied Response WaivedIFP burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either …
19-7580 Constantine Gus Cristo v. Commissioner of Internal Revenue Ninth Circuit 2020-02-06 Denied Response WaivedIFP 26-usc-7491 9th-circuit burden-of-proof credible-evidence federal-agent irs-restructuring-and-reform-act-of-1998 ninth-circuit statutory-interest tax-court taxpayer-rights unconstitutional-conduct Whether the Petitioner's production of 'credible' evidence in the form of written admissions of unconstitutional conduct by a federal agent, citing § …
19-7571 Richard Williams v. Tony Mays, Warden Tennessee 2020-02-05 Denied Response WaivedIFP burden-of-proof constitutional-law constitutional-standard criminal-procedure due-process evidence murder murder-investigation presumption statutory-interpretation statutory-presumption venue Whether the statutory presumption comports with the constitutional standard
19-7547 Phillip Boyd Cashion v. Texas Texas 2020-02-04 Denied Response WaivedIFP burden-of-proof criminal-procedure criminal-trial due-process fair-trial fifth-amendment jury-bias jury-instructions prosecutorial-misconduct self-incrimination trial-procedure Should the Petitioner's trial structure have been free from the fundamental unfairness of having the prosecutor tell the jury on two occasions that 'y…
19-7454 Kenneth James Barfield v. United States Fifth Circuit 2020-01-28 Denied Response WaivedIFP burden-of-proof criminal-procedure criminal-procedure-rule-32 due-process federal-rules federal-rules-of-criminal-procedure fifth-circuit gall-v-united-states guidelines preponderance-of-evidence presentence-report sentencing sentencing-guidelines united-states-v-watts Where the Government offers no evidence at sentencing in response to an objection to a factual assertion in the presentence report that increases a se…
19-941 Billy Daniel Raulerson, Jr. v. Warden, Georgia Diagnostic and Classification Prison Eleventh Circuit 2020-01-28 Denied Amici (2) aedpa atkins-v-virginia burden-of-proof capital-punishment cooper-v-oklahoma due-process habeas-corpus intellectual-disability supreme-court-precedent Whether Georgia's requirement that a capital defendant prove intellectual disability beyond a reasonable doubt violates the Eighth Amendment
19-927 Wayne M. Klocke, Independent Administrator of the Estate of Thomas Klocke v. The University of Texas at Arlington Fifth Circuit 2020-01-24 Denied Response Waived burden-of-proof circuit-split disciplinary-action educational-programming gender-discrimination title-ix university-discipline university-liability Whether the Fifth Circuit incorrectly implemented Title IX by imposing a burden on the plaintiff to prove the exclusion from educational programming w…
19-7386 Jack Dowell v. Richard Hudgins, Warden Tenth Circuit 2020-01-23 Denied Response WaivedIFP actual-innocence burden-of-proof circuit-split due-process habeas-corpus jury-instructions retroactivity savings-clause suspension-of-writ Where the district court dismissed Mr. Dowell's §§2241 and 2255(e) habeas petition claiming the savings clause does not apply to Mr. Dowell, in light …
19-7360 Terry Simonton, Jr. v. Mark Garman, Superintendent, State Correctional Institution at Rockview, et al. Third Circuit 2020-01-22 Denied IFP burden-of-proof certificate-of-appealability circuit-split constitutional-claim constitutional-substance federal-constitutional-substance habeas-corpus ineffective-assistance-of-counsel ineffective-counsel prosecutorial-misconduct Did a panel of the United States Court of Appeals for the Third Circuit err in denying Mr. Simonton a Certificate of Appealability
19-7376 Alice C. Trappler v. New York New York 2020-01-22 Denied Response WaivedIFP burden-of-proof confrontation-clause conspiracy criminal-defendant criminal-procedure due-process forfeiture hearsay hearsay-exception legal-insufficiency sixth-amendment waiver Whether the automatic waiver and permanent forfeiture of legal insufficiency claims due to trial counsel's failure to move to dismiss on those grounds…
19-7332 Brian Dean King, Jr. v. United States Fifth Circuit 2020-01-17 Denied Response WaivedIFP appellate-review burden-of-production burden-of-proof criminal-procedure defendant-objection due-process evidence government-burden pre-sentence-report sentencing Does the defendant bear the burden of production to rebut information found in a pre-sentence report after objecting to that information, or instead, …
19-7333 Eduardo Luis Martinez-Paz v. United States Fifth Circuit 2020-01-17 Denied IFP burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either …
19-881 Joseph Smith, et al. v. Pamela Motley, et al. Ninth Circuit 2020-01-16 Denied Response Waived anecdotal-evidence burden-of-proof civil-rights discriminatory-policing disparate-treatment equal-protection government-treatment ninth-circuit statistical-analysis Whether plaintiffs can establish an Equal Protection Clause violation based solely on anecdotal evidence of differential treatment, without statistica…
19-7273 Pablo Rodriguez-Palomino v. Illinois Illinois 2020-01-15 Denied Response WaivedIFP appellate-review burden-of-proof criminal-procedure criminal-sexual-assault due-process essential-elements fourteenth-amendment jackson-v-virginia rational-trier-of-fact reasonable-doubt standard-of-review state-evidence sufficiency-of-evidence Whether the standard to be applied by state courts when a defendant claims that the evidence is insufficient to convict is whether any rational trier …
19-7289 Willis Shane Gordon v. Sam Cline, Warden Tenth Circuit 2020-01-15 Denied Response WaivedIFP apprendi-v-new-jersey apprendi-violation brady-evidence Brady-Violation burden-of-proof criminal-procedure criminal-sentencing double-jeopardy doyle-violation due-process exculpatory-evidence ineffective-assistance ineffective-assistance-of-counsel jury-trial kansas-sentencing-guidelines post-arrest-silence prior-convictions procedural-bar prosecutorial-misconduct sentencing-guidelines Issues being raised
19-873 Geophysical Service, Inc. v. TGS-NOPEC Geophysical Co. Fifth Circuit 2020-01-14 Denied Amici (1)Response RequestedResponse WaivedRelisted (2) burden-of-proof contract-law copyright-infringement foreign-government-compulsion implied-license kirtsaeng-doctrine kirtsaeng-v-john-wiley-sons seismic-works Whether the nature and scope of the defense of implied license to copyright infringement requires proof of the grantor's intent by concepts familiar t…
19-7220 Francisco Guerrero-Saucedo v. United States Fifth Circuit 2020-01-09 Denied IFP burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction reasonable-doubt sentencing statutory-maximum Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either …
19-7161 Aaron Michael Murray v. United States Eleventh Circuit 2020-01-03 Denied Response WaivedIFP burden-of-proof constitutional-protections criminal-procedure federal-rules federal-rules-of-criminal-procedure guilty-plea guilty-plea-withdrawal ineffective-assistance ineffective-assistance-of-counsel motion-to-withdraw plea-bargaining plea-colloquy sentencing withdrawal-of-plea Whether third-party affidavits filed with a motion to withdraw a guilty plea before sentencing, claiming ineffective assistance of counsel, overcomes …
19-829 Chrimar Systems, Inc. v. Juniper Networks, Inc., et al. Federal Circuit 2019-12-31 Denied Response Waived administrative-procedure burden-of-proof due-process evidence inter-partes-review patent patent-challenge patent-law reply reply-evidence Did the Patent and Trademark Trial and Appeal Board violate 35-USC-312(a)(3) and 35-USC-316(a)(8)
19-7088 Marcos Cortez-Rogel v. United States Fifth Circuit 2019-12-30 Denied IFP burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either …
19-7100 Damon Jones v. John E. Wetzel, Secretary, Pennsylvania Department of Corrections, et al. Third Circuit 2019-12-30 Dismissed Response WaivedIFP burden-of-proof constitutional-presumption evidentiary-presumption fourteenth-amendment jury-instructions sixth-amendment specific-intent transferred-intent Are the Sixth and Fourteenth Amendments violated where in a case tried and presented under the transferred intent theory the jury is not instructed on…
19-7104 Julio Cesar Pacheco-Astrudillo v. United States Fifth Circuit 2019-12-30 Denied IFP burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either …
19-7035 Michael B. Lowry v. United States Eighth Circuit 2019-12-20 Denied Response WaivedIFP 4th-amendment attenuation-doctrine burden-of-proof criminal-procedure evidence-suppression exclusionary-rule fourth-amendment search-and-seizure suppression-of-evidence Does the government bear the burden of proving that the attenuation doctrine applies to preclude suppression of evidence after an illegal search or se…
19-6950 Christopher Brian Rogers v. Tammatha Soss, Acting Warden Ninth Circuit 2019-12-17 Denied Response WaivedIFP burden-of-proof criminal-procedure darden-v-wainwright due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel martinez-v-ryan procedural-default prosecutorial-misconduct Whether the prosecutor's statements shifting the burden of proof to the defendant during closing arguments constituted prejudicial misconduct under Da…
19-6973 Taiwan Wiggins, et al. v. United States Sixth Circuit 2019-12-17 Denied Response WaivedIFP burden-of-proof civil-forfeiture civil-procedure civil-rights constitutional-rights due-process fifth-amendment standing warrantless-seizure Where a DEA agent stops two air travelers, who had been cleared, to board their flights, and takes from them (in a warrantless seizure) a sum of money…
19-6943 Sheila Annette Cunningham v. Florida Credit Union Eleventh Circuit 2019-12-13 Denied IFP burden-of-proof civil-procedure civil-rights constitutional-rights curtilage discrimination due-process employment equal-protection fourth-amendment investigative-authority law-enforcement search-and-seizure standing summary-judgment Whether the Jistia Couvt Cured Mol ding | Heat Curnningham Failes to prvite evidence of racial diSciminaton
19-759 Milo H. Segner, Jr. v. Cianna Resources Incorporated Fifth Circuit 2019-12-13 Denied avoidance-power bankruptcy bankruptcy-code burden-of-proof criminal-statute good-faith jury-instructions ponzi-scheme reasonable-commercial-standards transfer-liability Can a party who receives transfers that are the undisputed proceeds of a Ponzi scheme—and who admits committing a crime in connection with every trans…
19-6911 Father v. Texas Department of Family and Protective Services Texas 2019-12-12 Denied IFP 14th-amendment appeal appellate-review burden-of-proof due-process evidence evidence-standard fourteenth-amendment texas-constitution Does Article V, Section 6 of the Texas Constitution violate Due Process Clause of the Fourteenth Amendment of the U.S. Constitution when its distincti…
19-6902 Samir Benamor v. United States Ninth Circuit 2019-12-11 Denied Response WaivedIFP antique-firearm burden-of-proof criminal-intent criminal-law due-process felon-in-possession firearm-possession firearms mens-rea statutory-definition statutory-interpretation Whether the Government bears the burden of proving that the defendant knew the charged firearm has the characteristics that make its possession illega…
19-745 Khalil Williams v. Housing Opportunities for Persons with Exceptionalities Eleventh Circuit 2019-12-11 Denied burden-of-proof burden-shifting circumstantial-evidence civil-rights comparator-evidence employment-discrimination mcdonnell-douglas prima-facie-case racial-discrimination summary-judgment title-vii What test should courts use in evaluating motions for summary judgment in discrimination cases when the evidence needed to establish a traditional McD…
19-6898 Demicko Billie Thomas v. Maggie Miller-Stout, Warden, et al. Ninth Circuit 2019-12-10 Denied Response WaivedIFP appellate-jurisdiction burden-of-proof criminal-procedure due-process fourteenth-amendment musacchio-precedent musacchio-v-united-states ninth-circuit reasonable-doubt supreme-court-review washington-state-supreme-court Whether the Fourteenth Amendment requires each and every element of a charged offense to be proven beyond a reasonable doubt
19-732 Richard Natofsky v. City of New York Second Circuit 2019-12-10 Denied ada adverse-employment-action americans-with-disabilities-act burden-of-proof burden-shifting but-for-causation causation-standard civil-rights disability-discrimination employment-discrimination employment-law mixed-motive mixed-motive-causation Whether the Americans with Disabilities Act permits employees to proceed under a mixed-motive causation standard before the burden shifts to employers…
19-6812 Steven Kurt Baughman v. Michael Seale, et al. Fifth Circuit 2019-12-03 Denied Response WaivedIFP 8th-amendment brain-damage burden-of-proof civil-rights constitutional-claims deliberate-indifference due-process hyperglycemia insulin medical-treatment prisoner-rights retaliation serious-medical-needs Whether injecting a prisoner with insulin without knowing his immediate blood sugar level constitutes deliberate indifference to serious medical needs
19-6795 Abraham Conde-Herrera v. United States Fifth Circuit 2019-12-02 Denied IFP burden-of-proof criminal-procedure defendant-rights indictment jury-determination jury-trial prior-conviction sentencing statutory-maximum Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either …
19-6796 Valentin Castanon-Renteria v. United States Fifth Circuit 2019-12-02 Denied IFP burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either …
19-6773 Edgar Ortega-Limones v. United States Fifth Circuit 2019-11-27 Denied IFP burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either …
19-679 Amy Corbitt v. Michael Vickers Eleventh Circuit 2019-11-26 Denied Amici (1)Response RequestedResponse WaivedRelisted (6) burden-of-proof civil-rights constitutional-rights due-process excessive-force interlocutory-appeal law-enforcement pleading-requirement pleading-standards police-use-of-force qualified-immunity section-1983 use-of-force Whether qualified immunity is an affirmative defense or a pleading requirement
19-658 J. G., By and Through His Parents, Howard Greenberg, et ux. v. Hawaii Department of Education, et al. Ninth Circuit 2019-11-21 Denied Response Waived administrative-proceedings burden-of-proof circuit-split florence-county-school-district-four-v-carter individuals-with-disabilities-education-act placement-change private-school-placement public-placement schaffer-v-weast special-education Whether the burden of proof shifts when the public agency seeks to change the educational placement of a child with a disability
19-6634 Kathryn Woodin Markle v. United States Fifth Circuit 2019-11-14 Denied Response WaivedIFP appellate-review burden-of-production burden-of-proof criminal-procedure defendant-rights due-process evidence government-burden pre-sentence-report sentencing sentencing-guidelines sentencing-objection Does the defendant bear the burden of production to rebut information found in a pre-sentence report after objecting to that information, or instead, …
19-6624 Andre D. Lee v. Louisiana Louisiana 2019-11-13 Denied Response WaivedIFP burden-of-proof constitutional-rights conviction criminal-procedure due-process hearing right-to-counsel sentence state-trial-court void waiver Was the petitioner's right to counsel violated in the state trial court, thereby making the conviction and sentence completely void?
19-6582 Roberto Carlos Martinez-Mendoza v. United States Fifth Circuit 2019-11-12 Denied IFP burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either …
19-604 Ernest L. Francway, Jr. v. Robert Wilkie, Secretary of Veterans Affairs Federal Circuit 2019-11-08 Denied Amici (2) administrative-law burden-of-proof department-of-veterans-affairs due-process federal-circuit judicial-presumption medical-examination medical-examiner medical-expertise presumption-of-competency pro-claimant va-medical-examiners veterans-benefits Whether the court of appeals erred in holding that the VA enjoys a presumption that its medical examiner is competent in every veterans-benefit case
19-6538 Levi Jermaine Griffin v. United States Eleventh Circuit 2019-11-07 Denied Response WaivedIFP burden-of-proof child-pornography criminal-indictment criminal-knowledge criminal-law criminal-procedure due-process evidence jury-instructions mens-rea possession-of-child-pornography reasonable-doubt statutory-elements Whether the evidence was insufficient to satisfy the government's burden to prove the element of knowledge as to the possession of child pornography c…
19-6500 Horacio Dominguez-Villalobos v. United States Fifth Circuit 2019-11-05 Denied IFP burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either …
19-6344 Spencer Altschuler v. Florida Florida 2019-10-24 Denied Response WaivedIFP burden-of-proof constitutional-rights criminal-procedure due-process negligence reckless-driving vehicular-homicide Whether the Due Process Clause requires the prosecution to prove beyond a reasonable doubt that the driver was driving recklessly
19-533 River Birch, Incorporated, et al. v. Waste Management of Louisiana, L.L.C. Fifth Circuit 2019-10-23 Denied Response Waived antitrust burden-of-proof circumstantial-evidence civil-procedure civil-rico evidence evidentiary-inference federal-rules federal-rules-of-civil-procedure matsushita-standard precedent rule-56 summary-judgment Whether the holding in Matsushita Electrical Industrial Co. v. Zenith Radio Corp. that 'ambiguous' circumstantial evidence does not support an inferen…
19-6334 Ignacio Arellano-Banuelos v. United States Fifth Circuit 2019-10-22 Denied Response WaivedIFP burden-of-proof circuit-split criminal-law due-process federal-jurisdiction illegal-entry immigration-law jurisdiction removal-proceedings statutory-interpretation Whether an alien may be 'found' within the meaning of 8 U.S.C. §1326 before immigration authorities achieve actual knowledge of his or her actual pres…
19-6280 Jose Soto v. United States Ninth Circuit 2019-10-17 Denied Response WaivedIFP burden-of-proof circuit-split criminal-procedure due-process federal-courts federal-criminal-procedure harmless-error prosecutorial-misconduct Should the government bear the burden of establishing the harmlessness of a properly preserved claim of prosecutorial misconduct in a federal criminal…
19-6290 Servando Pineda-Castellanos v. United States Fifth Circuit 2019-10-17 Denied IFP burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either …
19-6268 Isabel Yero Grimon v. United States Eleventh Circuit 2019-10-15 Denied Response WaivedIFP article-iii article-three-courts burden-of-proof federal-jurisdiction indictment indictment-validity judicial-precedent limited-jurisdiction subject-matter-jurisdiction Did the Eleventh Circuit err in holding that federal jurisdiction is conclusively established whenever an indictment alleges a federal crime?
19-6262 Liddon Young v. United States Second Circuit 2019-10-11 Denied Response WaivedIFP aiding-abetting aiding-and-abetting burden-of-proof criminal-intent federal-firearms-law felon-possession firearm-disposal firearms-transfer knowledge-requirement mens-rea prohibited-persons prosecution-burden prosecution-strategy statutory-interpretation Whether the Government must prove that the defendant knew the person to whom he disposed of a firearm belonged to the relevant category of persons bar…
19-6242 Imanol Pineda Penaloza v. United States Sixth Circuit 2019-10-10 Denied Response WaivedIFP burden-of-proof civil-rights employment-discrimination question-not-identified racial-discrimination reasonable-person title-vii Whether the lower court erred in its application of the 'reasonable person' standard in evaluating the plaintiff's claim of racial discrimination unde…
19-6199 Emeterio Espino Ramirez v. United States Fifth Circuit 2019-10-09 Denied IFP burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either …
19-6218 Timothy Milton Boone v. Maryland Maryland 2019-10-09 Denied IFP 14th-amendment assault burden-of-proof burglary constitutional-requirements criminal-intent criminal-procedure due-process elements-of-crime first-degree-assault first-degree-burglary maryland-code maryland-criminal-code reasonable-doubt Did the lower court err in failing to prove the first-degree assault and first-degree burglary elements beyond a reasonable doubt?
19-6232 Jason James Neiheisel v. United States Eleventh Circuit 2019-10-09 Denied Response WaivedIFP appellate-review burden-of-proof circuit-split criminal-conviction criminal-procedure demeanor due-process jury-verdict prosecutorial-questioning reversible-error substantive-evidence sufficiency-of-evidence Whether the Eleventh Circuit, on review for sufficiency of evidence, can affirm a conviction citing the verdict itself; on the supposition the jury co…
19-468 Keesha Elayne Frye v. United States Fourth Circuit 2019-10-09 Denied Response Waived appellate-review burden-of-proof criminal-procedure due-process indictment indictment-redaction jury jury-deliberation jury-instructions meaningful-review redaction standard-of-review Whether the criminal defendant was denied meaningful appellate review when the district court destroyed the only copy of a redacted indictment used by…
19-6178 Jose Bryan Gonzalez v. United States Fifth Circuit 2019-10-07 Denied Response WaivedIFP burden-of-proof criminal-law criminal-procedure due-process federal-firearms-law firearm-possession interstate-commerce jurisdictional-element mens-rea statutory-interpretation Whether 18 U.S.C. §922(n) authorizes conviction upon proof that a firearm once crossed state lines at an unspecified prior occasion, when there is no …
19-438 Clemente Avelino Pereida v. Robert M. Wilkinson, Acting Attorney General Eighth Circuit 2019-10-02 Judgment Issued Amici (5) ambiguous-record burden-of-proof categorical-approach circuit-split conviction-record federal-offense immigration-law modified-categorical-approach noncitizen-status removal-proceedings statutory-interpretation Whether a criminal conviction bars a noncitizen from applying for relief from removal when the record of conviction is merely ambiguous as to whether …
19-414 Medtronic, Inc. v. Mark A. Barry Federal Circuit 2019-09-27 Denied Amici (2) burden-of-proof experimental-use federal-circuit patent-law patent-law-35-usc-102-b reduction-to-practice statutory-bar supreme-court Whether a process invention is reduced to practice when all of its elements are successfully performed or must also be determined to work for a furthe…
19-6086 Luis Alberto Torres v. United States Ninth Circuit 2019-09-27 Denied Response RequestedResponse WaivedRelisted (2)IFP burden-of-proof circuit-conflict criminal-procedure federal-criminal-procedure federal-rules-of-criminal-procedure harmless-error sentencing sentencing-error standard-of-review Does the government meet its burden to prove that a sentencing error is harmless under Fed. R. Crim. P. 52(a) if it shows that it is more probable tha…
19-6094 Andres Herrera-Segovia v. United States Fifth Circuit 2019-09-27 Denied IFP burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-conviction sentencing statutory-maximum Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either …
19-6042 Gerardo Tajonar Cortes v. United States Fifth Circuit 2019-09-25 Denied Response WaivedRelisted (2)IFP burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either …
19-5983 Alejandro Llamas-Delgado v. United States Eighth Circuit 2019-09-18 Denied Response WaivedIFP burden-of-proof conspiracy controlled-substances criminal-law criminal-procedure drug-conspiracy drug-trafficking due-process statutory-interpretation sufficiency-of-evidence supreme-court-precedent Whether the lower court's decision conflicts with Supreme Court and other circuit precedent concerning the government's burden to prove the evidence w…
19-5926 Refugio Quintanar v. United States Fifth Circuit 2019-09-13 Denied IFP burden-of-proof confrontation-clause criminal-procedure due-process presentence-report procedural-unreasonableness sentencing sentencing-guidelines timely-objection Whether the defendant has the burden to deny and discredit the factual allegations of a Presentence Report that increase his or her sentence?
19-5907 Luis Castaneda-Torres v. United States Fifth Circuit 2019-09-11 Denied Response RequestedResponse WaivedRelisted (2)IFP burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either …
19-5865 Pablo Sauste Balderas v. United States Fifth Circuit 2019-09-09 Denied Response RequestedResponse WaivedRelisted (2)IFP burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either …
19-5774 Patrick O. Neiss v. Montana Montana 2019-09-05 Denied Response WaivedIFP burden-of-proof circumstantial-evidence constitutional-rights due-process fourth-amendment holland-v-united-states jury-instruction jury-instructions net-worth-prosecution particularity presumption-of-innocence probable-cause reasonable-doubt search-and-seizure Should this lack of clarity be resolved by this Court?
19-5810 Daniel Lopez DeJesus v. Jeff Premo, Superintendent, Oregon State Penitentiary Ninth Circuit 2019-09-05 Denied Response WaivedIFP burden-of-proof constitutional-error criminal-procedure due-process harmless-error in-re-winship ineffective-assistance jury-instruction jury-instructions presumption winship Did the Ninth Circuit err in applying the harmless error analysis to a jury instruction that implicitly included critical elements of the crime charge…
19-5829 Yoni Castro-Lopez v. United States Fifth Circuit 2019-09-05 Denied Response RequestedResponse WaivedRelisted (2)IFP burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction reasonable-doubt sentencing statutory-maximum Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either …
19-5802 Travis Wade Matthews v. Pennsylvania Pennsylvania 2019-09-04 Denied Response WaivedIFP appellate-review burden-of-proof civil-rights criminal-procedure dna-evidence dna-testing due-process identification jackson-standard jackson-v-virginia mccoy-v-louisiana victim-identification witness-identification whether-dna-testing-is-client-choice
19-5769 Daniel J. Whitt v. Michele Buckner, Warden Eighth Circuit 2019-08-30 Denied IFP burden-of-proof due-process expert-testimony eyewitness-identification ineffective-assistance-of-counsel line-up-procedure lineup-procedures police-procedure trial-strategy Whether the trial attorney's pre-trial failure to secure an expert witness on eyewitness identification, which was the key piece of evidence that ulti…
19-269 Harold A. Flores v. Entergy Nuclear Operations, Inc. Second Circuit 2019-08-29 Denied adverse-employment-action burden-of-proof civil-rights employment-discrimination employment-law evidence prima-facie-case quantum-of-evidence retaliation summary-judgment title-vii What quantum of evidence is sufficient to survive summary judgment on a Title VII retaliation claim?
19-5605 Stephen Alan Macomber v. Kansas Kansas 2019-08-23 Denied Response WaivedIFP 4th-amendment 5th-amendment burden-of-proof civil-liberties constitutional-rights due-process equal-protection fair-trial fourteenth-amendment sixth-amendment state-action use-of-force Did the trial courts fail to give a specific use-of-force presumption, thereby lowering the burden of proof for the state and violating the defendant'…
19-5686 Ronnie L. Payne v. United States District of Columbia 2019-08-23 Denied Response WaivedIFP burden-of-proof constitutional-error criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel jury-instruction jury-instructions reasonable-doubt Was trial counsel's performance objectively unreasonable when he did not object to the trial judge's faulty reasonable doubt instruction directing the…
19-5679 Maria Aide Delgado v. United States Fifth Circuit 2019-08-22 Denied Response WaivedIFP actual-innocence burden-of-proof certificate-of-appealability due-process fifth-circuit-court habeas-corpus habeas-corpus-review-standard-of-proof ineffective-assistance-of-counsel post-conviction-review procedural-default schlup-standard standard-of-review Whether there is a sufficient likelihood that rational jurors would have credited the post-conviction evidence and, as a result, would have voted to c…
19-235 Richard Jordan, et al. v. Virginia Department of Corrections Fourth Circuit 2019-08-22 Denied burden-of-proof civil-rights corrections-department death-penalty discovery discovery-rights due-process eighth-amendment glossip-standard glossip-v-gross lethal-injection method-of-execution section-1983 standing Whether the burden of proof demanded by Glossip in method-of-execution challenges requires commensurately broad discovery rights to provide plaintiffs…
19-230 Douglas Prade v. Ohio Ohio 2019-08-21 Denied burden-of-proof criminal-procedure due-process federal-criminal-procedure fourteenth-amendment newly-discovered-evidence state-courts state-criminal-procedure trial-rights Does Ohio's uniquely elevated burden of proof for new trials based on newly discovered evidence violate the Fourteenth Amendment's Due Process Clause?
19-232 New Mighty U.S. Trust, et al. v. Robert Shi, as Executor of the Will of Yueh-Lan Wang, et al. District of Columbia 2019-08-21 Denied Amici (2)Response Waived burden-of-proof choice-of-forum choice-of-law circuit-split civil-procedure conflict-of-laws forum-non-conveniens jurisdiction jurisdictional-doctrine standing venue Whether a forum resident bears a heightened burden to establish that a suit brought by a foreign plaintiff should be dismissed under the doctrine of f…
19-5645 Thomas Potts v. California California 2019-08-20 Denied IFP burden-of-proof criminal-procedure due-process jury-instruction jury-instructions possession-of-stolen-property reasonable-doubt robbery robbery-murder theft Where a criminal defendant is charged with robbery (and thus death-eligible robbery-murder) and the jury must decide whether the prosecution proved ro…
19-207 David Grober, et al. v. Mako Products, Inc. Federal Circuit 2019-08-16 Denied Response Waived burden-of-proof civil-procedure discovery due-process expense-sanctions federal-rules federal-rules-of-civil-procedure judicial-discretion litigation-compliance reasoned-decision rule-37 sanctions Whether the mandatory expense sanctions of FRCP Rule 37 can be circumvented by a court ignoring, or reducing them, including to zero, absent the losin…
19-5571 Carlos Eloy Garcia-Garcia v. United States Fifth Circuit 2019-08-14 Denied Response WaivedIFP administrative-law administrative-procedure burden-of-proof criminal-law deportation due-process federal-criminal-law illegal-reentry immigration-law jurisdiction statutory-interpretation Whether an alien may be 'found' within the meaning of 8 U.S.C. §1326 before immigration authorities achieve actual knowledge of his or her actual pres…
19-5497 John McGill v. United States Eleventh Circuit 2019-08-08 Denied Response RequestedResponse WaivedRelisted (3)IFP burden-of-proof constitutional-rights criminal-procedure due-process fifth-amendment jury-instructions pattern-jury-instructions reasonable-doubt sixth-amendment When a district court issues erroneous jury instructions that include (a) to consider conviction with less than guilt beyond all reasonable doubt and …
19-5516 Rayshawn Roshard Robertson v. United States Eleventh Circuit 2019-08-08 Denied Response WaivedIFP 28-usc-2255 burden-of-proof constitutional-law constitutional-provision criminal-defendant criminal-procedure criminal-relief federal-procedure retroactive-application retroactive-constitutional-decision section-2255 sentencing sentencing-review statutory-interpretation statutory-maximum Whether a criminal defendant moving for relief under 28 U.S.C. § 2255 can satisfy his burden of proof by showing his sentence may have been based on a…
19-5455 Jesus Rios-Garza v. United States Fifth Circuit 2019-08-07 Denied Response WaivedIFP burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either …
19-5466 James Michael Farrell v. United States Fourth Circuit 2019-08-06 Denied Response WaivedIFP burden-of-proof criminal-defense criminal-defense-lawyer criminal-prosecution drug-distribution-organization due-process money-laundering willful-blindness Whether the use of a willful blindness instruction in place of actual knowledge improperly lowers the government's burden of proof to a level that inf…
19-5330 Maurice Montrae Parks v. United States Fourth Circuit 2019-07-26 GVR IFP burden-of-proof constitutional-validity criminal-conviction criminal-procedure criminal-statute due-process firearm-possession firearms jury-instruction jury-instructions mens-rea rehaif-v-united-states second-amendment statutory-interpretation Whether a new trial is warranted where the District Court failed to instruct the jury on a crucial element of 18 U.S.C. § 922(g)
19-5346 Jose Martinez v. United States Second Circuit 2019-07-25 Denied Response RequestedResponse WaivedRelisted (3)IFP acquitted-conduct burden-of-proof buyer-seller-defense criminal-conviction cross-examination drug-conspiracy due-process jury-instructions jury-trial sentencing sentencing-guidelines sixth-amendment Whether this Court's decisions to allow district courts to use acquitted conduct in imposing sentence violate the Constitution
19-5291 Tyrone Jordan v. Charles L. Ryan, Director, Arizona Department of Corrections, et al. Ninth Circuit 2019-07-23 Denied Response WaivedIFP burden-of-proof constitutional-review habeas-corpus habeas-proceeding iac-claim ineffective-assistance-counsel ineffective-assistance-of-counsel martinez-standard martinez-v-ryan post-conviction-counsel procedural-default standard-of-review trial-counsel What is the District Court's duty and what standard is the Court to apply to a habeas proceeding presenting a substantial and meritorious IAC claim of…
19-101 Imperium IP Holdings (Cayman), Ltd. v. Samsung Electronics Co., Ltd., et al. Federal Circuit 2019-07-19 Denied Amici (2)Response Waived appellate-review burden-of-proof credibility-determinations credibility-of-witnesses expert-testimony jury-trial jury-trial-rights jury-verdict patent-infringement patent-invalidity patent-validity seventh-amendment standard-of-review Whether an appellate court may reverse a jury verdict based on its own view that expert testimony was credible, 'unrebutted,' and 'uncontradicted,' or…
19-5231 James D. Thomas, Jr., aka Wayne Thomas v. New York New York 2019-07-18 Denied IFP appeal burden-of-proof civil-rights criminal-conviction criminal-procedure due-process evidentiary-rulings fair-trial jury-instructions prejudicial-error prosecutorial-misconduct reasonable-doubt sentencing sufficiency-of-evidence trial-court Whether the People failed to establish beyond a reasonable doubt that Jones Thomas Knowingly Possessed the Cocaine?
19-5199 Billy John Roberson v. Rowlett Police Department, et al. Fifth Circuit 2019-07-17 Denied Relisted (2)IFP 2nd-amendment 2nd-amendment-rights absence-from-crime-scene aggravated-assault-elements assault-elements burden-of-proof conflict-of-interest criminal-procedure due-process insufficient-evidence penal-code second-amendment sentencing-issues standing texas texas-penal-code Whether the petitioner received a guilty verdict of aggravated assault with a deadly weapon despite not owning or having access to a firearm
19-5192 Brenda Massaquoi v. American Credit Acceptance Fourth Circuit 2019-07-16 Denied IFP burden-of-proof civil-rights discrimination employment-law hostile-work-environment intentional-discrimination national-origin prima-facie-case retaliation title-vii Is a plaintiff's prima facie case of discrimination because of race, national-origin and retaliation, combined with sufficient evidence for a reasonab…
19-5129 Kendell Lee Starks v. United States Eleventh Circuit 2019-07-10 Denied Response RequestedResponse WaivedRelisted (2)IFP 28-usc-2255 burden-of-proof criminal-defendant criminal-defendant-relief-28-usc-2255,retroactive- florida-conviction-resisting-with-violence,violent retroactive-constitutional-decision sentencing statutory-maximum Whether a Florida conviction for resisting with vi Whether a criminal defendant moving for relief under 28 U.S.C. § 2255 can satisfy his burden of proof by showing his sentence may have been based on a…
19-5115 Cordero Robert Seals v. United States Eighth Circuit 2019-07-09 Denied Response WaivedIFP burden-of-proof burrage burrage-test but-for-causation causation-standard causation-test circuit-split contributing-causation contributing-cause eighth-circuit government-burden judicial-interpretation legal-standard seventh-circuit Whether the Eighth Circuit misinterpreted the but-for causation test in light of the government's burden, and inappropriately applied the contributing…
19-23 Rockwood Casualty Insurance Company v. Director, Office of Workers’ Compensation Programs, Department of Labor, et al. Tenth Circuit 2019-07-02 Denied Relisted (2) administrative-procedure-act agency-regulations agency-rulemaking black-lung-benefits-act burden-of-proof due-process evidence evidentiary-standards regulatory-amendment standing Does requiring a wrongly-named Responsible Operator to issue benefits to a Claimant with normal pulmonary function and normal arterial blood gas testi…
19-5 Luis Arnaldo Baez v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-06-28 Denied burden-of-proof constitutional-rights criminal-procedure due-process extraneous-evidence jury-instruction jury-trial limiting-instruction propensity-evidence Whether a jury instruction that permits conviction on proof of extraneous and propensity evidence, rather than on proof of all of the elements of a ch…
19-5005 Ahmadou Sankara v. William P. Barr, Attorney General Second Circuit 2019-06-28 Denied Response WaivedRelisted (2)IFP administrative-review asylum-application burden-of-proof cardoza-fonseca country-conditions immigration-law persecution political-persecution reasonable-possibility well-founded-fear What is the reasonable possibility standard for establishing a well-founded fear of persecution for asylum applicants?
19-5011 Danny P. Phipps v. New York New York 2019-06-28 Denied IFP 4th-amendment abandonment abandonment-property burden-of-proof burden-shifting civil-rights constitutional-rights due-process jury-selection pro-se-representation property-abandonment search-and-seizure standing Can Appellate Division develop a rule that shifts the burden from the People to a defendant to prove he or she did not abandon property making it subj…
18-9830 Michael Franklin Einfeldt v. United States Eighth Circuit 2019-06-27 Denied Response WaivedIFP 2255-petition burden-of-proof criminal-procedure due-process habeas-corpus johnson-ruling johnson-v-united-states residual-clause sentencing sentencing-guidelines violent-felonies violent-felony Whether a 28 U.S.C. § 2255 petitioner should be required to affirmatively prove the sentencing court relied on the residual clause
18-9809 Willie Strong v. New York New York 2019-06-26 Denied IFP automobile-presumption burden-of-proof criminal-procedure due-process fourteenth-amendment jury-instructions possession reasonable-doubt statutory-interpretation statutory-presumption When is evidence sufficient to render the 'Automobile Presumption' N.Y. P.-L. §265.15 (3)(a) inapplicable?
18A1363 Abimael Ayala-Gonzalez v. New York New York 2019-06-26 Presumed Complete burden-of-proof circumstantial-evidence criminal-procedure due-process prosecutorial-misconduct racial-identification Whether a criminal defendant's due process rights are violated when a state court denies a requested racial identification charge and finds circumstan…
18-1573 Zsolt Petko, et al. v. Carelton Courtyard Texas 2019-06-25 Denied Relisted (2) burden-of-proof civil-procedure civil-rights due-process justice-of-peace justice-of-the-peace legal-action probable-cause property-rights texas-law texas-rules-of-civil-procedure towing towing-law Does towing a person's car constitute a legal action?
18-1556 Peggy Edwards, et al. v. Louisiana Workforce Commission, et al. Louisiana 2019-06-20 Denied Response Waived administrative-law administrative-procedure agency-adjudication agency-decision burden-of-proof due-process evidence evidence-standard medical-claims medical-treatment standing workers-compensation Does the Louisiana administrative system for adjudicating medical claims by injured workers violate due process
18-1559 Velma Brooks v. Industrial Claim Appeals Office, et al. Colorado 2019-06-20 Denied Response Waived burden-of-proof civil-rights conspiracy due-process evidence falsification judicial-oversight judicial-review legal-conspiracy medical-evidence worker's-compensation workers-compensation Why did the Colorado courts refuse to seek the truth in this case?
18-9616 Rocky Riojas-Ordaz v. United States Fifth Circuit 2019-06-13 Denied Response WaivedIFP burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction reasonable-doubt sentencing statutory-maximum Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either …
18-9653 Todd Ricks v. United States Fifth Circuit 2019-06-13 Denied Response WaivedIFP 28-usc-2255 armed-career-criminal-act burden-of-proof circuit-split federal-prisoner habeas-corpus residual-clause sentencing sentencing-enhancement statutory-interpretation successive-motion When a federal prisoner demonstrates that the Armed Career Criminal Act's residual clause was a basis for enhancing his sentence, but fails to show th…
18-9618 Rafael Mata-Jimenez v. United States Ninth Circuit 2019-06-11 Denied Response WaivedIFP ambiguous-record burden-of-proof categorical-approach deportation immigration-law modified-categorical-approach noncitizen-status record-of-conviction relief-from-removal removal-proceedings Whether a criminal conviction bars a noncitizen from applying for relief from removal when the record of conviction is merely ambiguous as to whether …
18-9493 Jose Santillan v. United States Fifth Circuit 2019-05-31 Denied Response WaivedIFP burden-of-proof circuit-split criminal-procedure due-process judicial-interpretation presentence-report sentencing sentencing-guidelines Whether factual findings in a Presentence Report must be proven by the government or disproven by the defendant
18-9502 Christian Vazquez Capistran v. United States Fifth Circuit 2019-05-31 Denied Response WaivedIFP burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either …
18-9487 Willie Lee Johnson v. Brad Cain, Superintendent, Snake River Correctional Institution Ninth Circuit 2019-05-30 Denied Response WaivedIFP burden-of-proof civil-rights constitutional-rights criminal-procedure double-jeopardy due-process effective-assistance-of-counsel judicial-interpretation jury-selection legal-ethics oregon-state-bar presumption-of-innocence Whether the Oregon State Bar and the Oregon Supreme Court's Chief Justice's approved adoption of the American Bar Association's Model Rules of Profess…
18-9433 Timothy J. Stubbs v. United States Tenth Circuit 2019-05-29 Denied Response WaivedIFP burden-of-proof criminal-activity financial-records financial-transparency fraud fraud-or-deceit kawashima-v-holder sentencing-enhancement sophisticated-means tax-assessment tax-evasion Does the Government meet its burden of proof in a tax evasion case (as opposed to failure to file) where the financial records of the accused are trut…
18-1479 Jason P. Stinson v. United States Eleventh Circuit 2019-05-28 Denied Response Waived 26-usc-7402 burden-of-proof disgorge disgorgement due-process due-process,tax-preparation,26-usc-7402,permanent- evidence injunction internal-revenue-code litigation-conduct permanent-injunction tax-preparation tax-preparer Whether issuing a permanent injunction and an order to disgorge $949,000 against the owner of a tax preparation business under 26 U.S.C. § 7402 violat…
18-9397 Miguel Angel Barron v. Raymond Madden, Warden Ninth Circuit 2019-05-23 Denied Response WaivedIFP burden-of-proof constitutional-law criminal-procedure due-process evidence evidence-suppression fair-trial fourth-amendment jury-instructions probable-cause relevance search-and-seizure self-defense warrantless-search Whether a state trial court's jury instruction that reduces the burden of proof or violates a principle of fairness contained in the due process claus…
18-9410 Morris Sanders v. Walmart Stores East, L.P. Eleventh Circuit 2019-05-23 Denied Response WaivedIFP burden-of-proof civil-rights credibility-determination employment-discrimination evidence-weighing jury-trial retaliation summary-judgment title-vii workplace-discrimination Where the federal courts below decided for themselves every triable fact issue crucial to petitioner's workplace discrimination and retaliation claims…
18-1458 Charles J. Vernier v. Debra Gallegos New Mexico 2019-05-22 Denied Response Waived 42-usc-1983 4th-amendment 4th-amendment-search burden-of-proof circuit-precedent circuit-split civil-rights clearly-established clearly-established-law consent consent-burden fourth-amendment implied-consent qualified-immunity search-and-seizure Did the state appellate court err in failing to apply the standards set forth in federal case law regarding 42 U.S.C. § 1983 and the qualified immunit…
18-9343 Joe Carroll Ziglar v. United States Eleventh Circuit 2019-05-20 Denied Relisted (2)IFP armed-career-criminal-act burden-of-proof circuit-split gatekeeping-requirement johnson-claim johnson-v-united-states residual-clause section-2255 sentencing-enhancement violent-felony When the record is silent as to which enhancement clause applied, what showing is a § 2255 movant required to make to satisfy the requirements of § 22…
18-1426 Samantha L. Coleman v. Schneider Electric USA, Inc. Fourth Circuit 2019-05-14 Denied Response Waived burden-of-proof civil-rights credibility-determinations employment-discrimination jury-trial McDonnell-Douglas mcdonnell-douglas-framework race-discrimination retaliation-claim summary-judgment title-vii workplace-discrimination Has the McDonnell Douglas framework been fatally undermined and petitioner's right to a jury trial denied?
18-9277 Melvin Scott Morman v. United States Eleventh Circuit 2019-05-14 Denied Response RequestedResponse WaivedRelisted (2)IFP §-2255-motion armed-career-criminal-act burden-of-proof circuit-split criminal-procedure enumerated-offenses-clause johnson-rule johnson-v-united-states residual-clause section-2255 sentencing-enhancement violent-felony When the record is silent as to which enhancement clause applied, what showing is a § 2255 movant required to make to prove he is entitled to relief o…
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…
18-9134 Joe Clopton v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-05-03 Denied Relisted (2)IFP amending-indictment brady-violation burden-of-proof child-support cps-records criminal-procedure defense-strategy double-jeopardy due-process effective-assistance-of-counsel exculpatory-evidence false-allegations grand-jury ineffective-assistance lesser-included-offense medical-records nolo-contendere plain-error sixth-amendment social-worker-testimony Whether the medical records were improperly excluded from evidence
18-9062 Derek Ray King v. United States Fifth Circuit 2019-05-01 Denied Response RequestedResponse WaivedRelisted (2)IFP burden-of-proof criminal-procedure cross-examination due-process indictment jury-trial reasonable-doubt sentencing supervised-release whether-violations-of-supervised-release-require-jury-proof-beyond-reasonable-doubt
18-9078 Tina Bradford v. Workers' Compensation Appeals Board, et al. California 2019-05-01 Denied Response WaivedIFP burden-of-proof compromise-and-release cumulative-trauma federal-labor-standards federal-labor-standards-act fourteenth-amendment icd-9 medical-diagnosis qme-ame qme-procedures workers-compensation Whether the burden of proof for workers' compensation benefits should be on the plaintiff or defendant, and whether a compromise and release agreement…
18-1367 Norfolk Southern Railway Company v. Mark A. Sumner Virginia 2019-04-30 Denied Response RequestedResponse WaivedRelisted (2) burden-of-proof but-for-causation but-for-cause causation civil-procedure common-law employee-injury federal-employers-liability-act federal-employers-liability-act-fela fela negligence proximate-cause railroad-liability Whether FELA permits liability when the plaintiff cannot meet the common-law standard of proof for but-for causation
18-9048 Brian Boykins v. Robert Napel, Warden Sixth Circuit 2019-04-30 Denied Response WaivedIFP appellate-review burden-of-proof civil-rights criminal-procedure due-process evidentiary-hearing federal-court right-to-counsel standard-of-review standing trial-court-record Whether a federal court must grant an evidentiary hearing and findings, contrary to Townsend v. Sain, 372 U.S. 293 (1963)
18-9003 Ariel Brown v. United States Fifth Circuit 2019-04-29 Denied Response WaivedIFP and whether false allegations in a Presentence In burden-of-proof criminal-procedure due-process government-burden presentence-report sentencing sentencing-enhancement weapons-enhancement weapons-possession When a defendant submits a sworn Declaration denying key elements of a weapons enhancement, can the defendant be enhanced without the Government meeti…
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
18-8984 Nathan Caetano v. Suzanne M. Peery, Warden Ninth Circuit 2019-04-24 Denied Response WaivedIFP aedpa burden-of-proof civil-rights due-process habeas-corpus mental-competency mental-incompetence ninth-circuit-precedent ninth-circuit-test retrospective-competency-determination retrospective-determination state-action structural-error Whether a retrospective competency determination where mental incompetence is the impediment is permissible under AEDPA(4)(B)
18-8957 Scott Matthew Goss v. United States Fifth Circuit 2019-04-23 Denied Response WaivedIFP burden-of-proof criminal-procedure drug-trafficking due-process federal-courts sentencing-enhancement sentencing-guidelines weapon-possession May a court accept a mere allegation of possession of a weapon as satisfaction of the Government's initial burden of proof requirement supporting the …
18-8965 Olusola Olla v. United States Fourth Circuit 2019-04-23 Denied Response WaivedIFP burden-of-proof circuit-split criminal-knowledge criminal-law criminal-procedure deliberate-indifference federal-courts investigative-standard jury-instructions mens-rea prosecutorial-evidence statutory-interpretation willful-blindness Whether, in a criminal case where a statute requires proof of knowledge, the government may establish the requisite knowledge with evidence of a failu…
18-8916 Steven Lawrence Wright v. California California 2019-04-19 Denied IFP abuse-of-discretion burden-of-proof criminal-procedure criminal-trial due-process fifth-amendment jury-instruction jury-instructions legal-standard motion-for-new-trial new-trial standard-of-review Did the trial court's erroneous jury instruction violate the Due Process Clause?
18-8771 Timothy Barr v. Rebecca Pearson, et al. Eighth Circuit 2019-04-10 Denied Response WaivedIFP 8th-circuit-review burden-of-proof civil-procedure civil-rights due-process due-process-rights judicial-authority jury-trial prisoner-civil-rights prisoner-rights pro-se-litigation standing supreme-court-precedent Does the 8th circuit federal court of appeals have the authority to supersede the standards and precedent set by the United States Supreme Court in pr…
18-8782 Cesar Lopez-Rodriguez v. United States Fifth Circuit 2019-04-10 Denied Response WaivedIFP burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either …
18-8739 Armando Lopez v. Massachusetts Massachusetts 2019-04-09 Denied Response RequestedResponse WaivedRelisted (2)IFP ammunition burden-of-proof burden-shifting constitutional-rights criminal-defendant criminal-procedure due-process firearm firearm-possession unauthorized-possession Does the Due Process Clause permit the Commonwealth of Massachusetts to shift the burden to criminal defendants charged with unauthorized possession o…
18-1280 Acorda Therapeutics, Inc. v. Roxane Laboratories, Inc., et al. Federal Circuit 2019-04-08 Denied Amici (5) blocking-patent-doctrine blocking-patents burden-of-proof graham-v-john-deere nonobviousness objective-indicia obviousness patent patent-law patent-obviousness pharmaceutical-innovation prior-art Whether objective indicia of nonobviousness may be partially or entirely discounted where the development of the invention was allegedly 'blocked' by …
18-8684 Robert E. Young v. Megan J. Brennan, Postmaster General Seventh Circuit 2019-04-03 Denied Response WaivedIFP 7th-amendment administrative-law burden-of-proof civil-procedure civil-rights due-process jury-trial mixed-cases pro-se-litigants pro-se-litigation rules-of-evidence standing summary-judgment Did the 7th District Court and the 7th Circuit Court deny the Appellant the protection and benefits granted by the 5th and 7th Amendments?
18-8674 Dewayne Montgomery v. Garry Lewis Properties Louisiana 2019-04-02 Denied Response WaivedIFP appellate-review burden-of-proof civil-procedure civil-rights discovery due-process landlord-tenant precedent slum-landlords standing summary-judgment tenant-rights tenants Whether the court of appeal's decision below, which effectively shifted the burden of proof onto Petitioner, a non-moving party at the summary judgmen…
18-8590 Harlin Argelio Ramos v. Utah Utah 2019-03-27 Denied Response WaivedIFP burden-of-proof criminal-procedure ineffective-assistance-of-counsel jury-instructions prejudice self-defense Did the Utah appellate court err in holding that the erroneous jury instruction, which impermissibly shifted the burden of proof onto Petitioner/Defen…
18-8565 Evender Gene Jackson v. Texas Texas 2019-03-26 Denied IFP burden-of-proof constitutional-error direct-appeal harmless-error ineffective-assistance-counsel ineffective-assistance-of-counsel jury-instruction jury-instructions standard-of-review strickland-standard strickland-test strickland-v-washington Whether a trial attorney's failure to object to the omission of a required jury instruction raises the burden of proof on direct appeal, where the out…
18-8566 John Bartholomew Lowe v. Mississippi Mississippi 2019-03-26 Denied Response WaivedIFP burden-of-proof circumstantial-evidence civil-procedure criminal-procedure direct-evidence evidence jury-instructions standard-of-review Whether multiple instances of circumstantial evidence can accumulate and become direct evidence?
18-1220 Cleveland Franklin v. American Elevator Inspections, Inc. Texas 2019-03-20 Denied 7th-amendment affidavit-evidence burden-of-proof civil-procedure civil-rights due-process elevator-safety evidence negligence personal-injury standing summary-judgment trial-by-jury Whether a plaintiff must anticipate and preemptively rebut every possible inference favoring the defendant, even if implausible, to survive summary ju…
18-8471 Arthur Abraham v. California California 2019-03-19 Denied Response WaivedIFP burden-of-proof confinement due-process insanity-acquittee mental-health personality-disorder personality-traits release state-confinement Whether the Due Process Clause permits the State to continue to confine an insanity acquittee after he has recovered his sanity, as long as he has und…
18-8404 Adrian Laroy Seymore v. United States Ninth Circuit 2019-03-15 Denied Response WaivedIFP burden-of-proof criminal-procedure district-court-discretion due-process evidence evidentiary-standard government-evidence presentence-investigation-report sentencing sentencing-guidelines standard-of-review Whether a District Court erred in applying a guideline enhancement based solely on allegations contained in the Presentence Investigation Report after…
18-8431 David Kelly Brewster v. Florida Florida 2019-03-14 Denied Response RequestedResponse WaivedRelisted (2)IFP burden-of-proof compensation constitutional-rights due-process equal-protection fourteenth-amendment legal-precedent restitution wrongful-incarceration Whether the Victims of Wrongful Incarceration Compensation Act, §961.03, Fla. Stat. is unconstitutional as a violation of due process and equal protec…
18-1161 Regena Bryant v. UnitedHealth Group, Inc., et al. Ninth Circuit 2019-03-07 Denied Response Waived age-discrimination burden-of-proof burden-shifting civil-rights due-process employment-discrimination mcdonnell-douglas mcdonnell-douglas-framework prima-facie-case summary-judgment title-vii Determining whether employer's failure to rebut prima facie case of discrimination mandates judgment for plaintiff
18-1148 Kimberly Franett-Fergus v. Omak School District 19, et al. Ninth Circuit 2019-03-05 Denied burden-of-proof circumstantial-evidence civil-rights diversity diversity-considerations employment employment-discrimination hiring-practices national-origin protected-classes race racial-bias religion summary-judgment Discrimination-based-on-perceived-race/religion/national-origin
18-8291 Juanita Garcia v. Deborah Johnson, Warden Ninth Circuit 2019-03-05 Denied Response WaivedIFP burden-of-proof criminal-procedure evidence habeas habeas-corpus ineffective-assistance-of-counsel prejudice prejudice-prong sixth-amendment strickland-standard strickland-v-washington Whether a habeas petitioner must show that absent the attorney's deficient performance, no other evidence supported the verdict
18-1133 Henry J. Langer, et ux. v. Commissioner of Internal Revenue Eighth Circuit 2019-03-01 Denied Response Waived 8th-circuit burden-of-proof civil-procedure clear-and-convincing-evidence penalty-assessment tax-court tax-court-review tax-evasion tax-fraud tax-liability tax-penalties Whether the IRS has proved by clear and convincing evidence that Henry J. Langer and Patricia K. Langer are liable for fraud penalties for tax years 2…
18-8117 Brandon Pete v. United States Ninth Circuit 2019-02-26 Denied Response WaivedIFP burden-of-proof constitutional-proportionality juvenile-sentencing life-without-parole miller-v-alabama montgomery-v-louisiana offense-level-43 sentencing-guidelines title-18 May a juvenile convicted as an adult of a non-premeditated homicide be sentenced to life-without-parole under Offense Level 43 and bear the burden to …
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…
18-8091 Alvin Jakelyn Williams v. United States Fourth Circuit 2019-02-22 Denied Response WaivedIFP burden-of-proof conclusively-apparent-from-the-record direct-appeal due-process ineffective-assistance-of-counsel judicial-procedure standard-of-proof standard-of-review summary-rejection Whether the court of appeals summary rejection of an ineffective assistance of counsel claim on direct appeal by placing the burden on the defendant a…
18-1089 Annette Benjamin v. Felder Services, L.L.C., dba Oxford Health and Rehab Center Fifth Circuit 2019-02-21 Denied age-discrimination burden-of-proof civil-rights direct-evidence disparate-treatment employment-act employment-discrimination employment-law poor-performance pretext summary-judgment workplace-discrimination Whether a court may properly grant summary judgment in an Age Discrimination in Employment Act case by accepting as true the employer's disputed claim…
18-8014 Wyley Tomas Baird v. Tammy Foss, Acting Warden Ninth Circuit 2019-02-19 Denied IFP burden-of-proof civil-rights criminal-procedure due-process evidence federal-court ineffective-assistance-of-counsel judgment jury-instructions opinion petition prosecutorial-misconduct reasonable-doubt sexual-assault supreme-court writ-of-certiorari Was Petitioner denied due process of law and the right to be convicted only upon proof beyond a reasonable doubt?
18-7973 Jaime Villa v. United States Ninth Circuit 2019-02-14 Denied Response WaivedIFP bank-robbery burden-of-proof crime-of-violence criminal-evidence criminal-law criminal-procedure due-process eighth-amendment federal-rules-of-evidence jury-instructions reasonable-doubt sufficiency-of-evidence Whether there was insufficient evidence to prove Villa guilty beyond a reasonable doubt?
18-1064 In Re Octavious DeMont Williams 2019-02-13 Denied 21-usc-841 burden-of-proof constitutional-due-process constitutional-rights controlled-substance criminal-procedure due-process elements-of-crime fifth-amendment judicial-misconduct jury jury-finding jury-trial Octavious Demont Williams petitioned for a writ of habeas corpus, arguing that his constitutional due process was violated when he was deprived of the…
18-7948 Cesar Carapia Hernandez v. United States Fifth Circuit 2019-02-13 Denied Response WaivedIFP burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either …
18-1043 Adam Clayton Zilm v. Oklahoma Oklahoma 2019-02-08 Denied Response RequestedRelisted (2) burden-of-proof coerced-testimony criminal-procedure due-process false-testimony napue-standard napue-v-illinois recantation reliability-hearing witness-coercion Conviction of child sex abuse challenged on due process grounds for use of coerced testimony at trial
18-7858 Arif Majid v. Jeff Noble, Warden Sixth Circuit 2019-02-08 Denied Response WaivedIFP burden-of-proof closing-argument constitutional-rights due-process fair-trial jury-bias jury-instructions prosecutorial-misconduct religious-prejudice trial-fairness Whether a prosecutor's appeals to religious prejudice in closing argument and throughout trial to inflame the passions of the jury embody animus or of…
18-7804 Denandias Watson v. United States Eleventh Circuit 2019-02-07 Denied Response WaivedIFP armed-career-criminal-act burden-of-proof collateral-review criminal-procedure due-process residual-clause retroactivity sentencing sentencing-enhancement statutory-interpretation Whether a § 2255 defendant may prove that his ACCA-enhanced or § 3559(c)-enhanced sentence was based on the now-unconstitutional residual clause throu…
18-7820 Kelly Winton Pierce v. Erik Hooks Fourth Circuit 2019-02-07 Denied Response WaivedIFP burden-of-proof civil-rights criminal-conviction criminal-procedure due-process essential-element jury-instructions sex-offender sex-offender-registration Whether a criminal defendant's jury trial was fundamentally violated due to the trial judge's jury instructions that changed and expanded the definiti…
18-7835 Iouri Mikhel v. United States Ninth Circuit 2019-02-07 Denied IFP burden-of-proof competency competency-hearing criminal-procedure death-penalty due-process federal-criminal-procedure federal-judiciary hostage-taking judicial-discretion mental-health recusal standard-of-proof treaty-power trial-procedure Where significant evidence of competency is susceptible to conflicting inferences, what standard of proof is required for a competency hearing and wha…
18-7780 Joseph Lemoine v. Darrel Vannoy, Warden Fifth Circuit 2019-02-06 Denied Response WaivedIFP burden-of-proof burden-of-proof-beyond-reasonable-doubt constitutional-rights daubert-standard due-process effective-assistance-of-counsel essential-elements-of-offense expert-witness fourteenth-amendment reasonable-doubt sixth-amendment sufficiency-of-evidence Whether reasonable jurists could argue that the State failed to meet its burden of proof beyond reasonable doubt
18-7782 James E. Mason, Jr. v. Darrel Vannoy, Warden Fifth Circuit 2019-02-06 Denied IFP batson-challenge batson-challenges burden-of-proof confrontation confrontation-clause constitutional-rights criminal-procedure due-process impeached-testimony ineffective-assistance-of-counsel ineffective-counsel insufficient-evidence jury-instructions jury-selection race-neutral-challenges Whether the State obtained Mr. Mason's conviction with insufficient evidence
18-7762 Douglas Fauconier v. Harold W. Clarke, Director, Virginia Department of Corrections, et al. Fourth Circuit 2019-02-05 Denied Response WaivedIFP administrative-procedure burden-of-proof civil-rights constitutional-rights due-process legitimate-penological-interests penological-interests prison-regulation prison-regulations prisoner-rights What minimum showing of proof must prison officials establish on the record, to meet their initial burden of proof, in demonstrating that a prison reg…
18-7626 Gregory Haynes v. Illinois Illinois 2019-01-29 Denied Response WaivedIFP burden-of-proof constitutional-rights due-process fair-trial legal-standards miscarriage-of-justice second-degree-murder self-defense trial-court-error Whether the Petitioner was denied his constitutional rights to due process and a fair trial
18-7645 Alhan Sanchez v. United States Fifth Circuit 2019-01-29 Denied Response WaivedIFP appellate-review burden-of-proof criminal-guidelines due-process mcmillan-v-pennsylvania meacham-v-fano minor-role-adjustment mitigating-role preponderance-of-evidence sentencing-enhancement sentencing-guidelines united-states-v-watts vulnerable-victim Whether the government must prove facts necessary for a vulnerable-victim sentencing enhancement by a preponderance of the evidence
18-987 McKesson Corporation, et al. v. True Health Chiropractic, Inc., et al. Ninth Circuit 2019-01-29 Denied Amici (2)Response RequestedResponse WaivedRelisted (2) affirmative-defenses burden-of-proof civil-procedure class-certification federal-rules-of-civil-procedure halliburton-v-erica-p-john-fund predominance rule-23 Whether the burden at class certification shifts to the defendant when predominance turns on affirmative defenses
18-7570 Anthony Eugene Hardeman v. United States Fifth Circuit 2019-01-25 Denied Response WaivedIFP 28-usc-2255 armed-career-criminal-act burden-of-proof circuit-split federal-prisoner habeas-corpus residual-clause sentencing sentencing-enhancement statutory-interpretation successive-motion When a federal prisoner demonstrates that the Armed Career Criminal Act's residual clause was the only lawful basis to enhance his sentence, but fails…
18-7586 Zachary T. Frey v. United States Eleventh Circuit 2019-01-25 Denied Response WaivedIFP armed-career-criminal-act burden-of-proof collateral-review criminal-procedure judicial-interpretation post-sentencing-case-law post-sentencing-law residual-clause retroactivity sentencing-enhancement Whether a defendant can prove his ACCA-enhanced sentence was based on the unconstitutional residual clause by relying on post-sentencing case law
18-7515 Jafaria Deforrest Newton v. Illinois Illinois 2019-01-24 Denied Response WaivedIFP burden-of-proof criminal-law criminal-penalty due-process equal-protection establishment-clause first-amendment presumption religious-worship statutory-presumption Whether the presumption in § 407(b)(2) comports with the Due Process Clause as to the State's burden of proof
18-7455 Josue Israel Sanchez v. California California 2019-01-17 Denied IFP burden-of-proof civil-rights criminal-procedure due-process fair-trial government-misconduct presumption-of-innocence prosecutorial-misconduct wrongful-conviction Whether the wrongful prosecution, conviction, and appeal of an innocent person is legally permissible despite the government's and society's unwilling…
18-7426 Terry Lamell Ezell v. United States Ninth Circuit 2019-01-16 Denied IFP 28-usc-2255 aedpa armed-career-criminal-act burden-of-proof collateral-review constitutional-vagueness johnson-retroactivity johnson-v-united-states procedural-burden retroactivity sentencing-enhancement welch-v-united-states Where the sentencing record is silent or unclear on which ACCA clause the court relied, do individuals asserting a Johnson claim bear the burden to pr…
18-7466 Glenn Bennett, Jr. v. Julie L. Jones, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2019-01-16 Denied Response WaivedIFP burden-of-proof constitutional-rights criminal-defense criminal-procedure due-process fifth-amendment fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel jury-instruction jury-instructions sixth-amendment Whether the erroneous jury instruction given in Mr. Bennett's case negated his only defense and relieved the State of the burden of proving all elemen…
18-926 Putnam Investments, LLC, et al. v. John Brotherston, Individually and on Behalf of All Others Similarly Situated, et al. First Circuit 2019-01-16 Denied CVSGAmici (4)Relisted (2) active-management burden-of-proof circuit-split erisa erisa-fiduciary erisa-fiduciary-duty fiduciary-duty index-funds investment-options loss-causation Whether an ERISA plaintiff bears the burden of proving loss causation
18-7424 William Felix Vail v. Louisiana Louisiana 2019-01-15 Denied Response WaivedIFP burden-of-proof circumstantial-evidence civil-code criminal-evidence doctrine-of-chances due-process forensic-evidence physical-proof presumption-of-innocence presumptive-evidence reasonable-doubt Did the State offer sufficient evidence to prove guilt beyond a reasonable doubt?
18-7393 Rodrigo Roman v. United States Fifth Circuit 2019-01-14 Denied Response WaivedIFP appellate-review burden-of-proof criminal-procedure drug-offense due-process firearm-enhancement firearm-possession guidelines-interpretation sentencing-enhancement sentencing-guidelines sentencing-guidelines-enhancement stare-decisis Whether the Fifth Circuit erred in affirming the district court's application of the firearm enhancement under U.S.S.G. § 2D1.1(b)(1) without requirin…
18-7371 Nicole Johnson v. California California 2019-01-11 Denied Response WaivedIFP burden-of-proof circumstantial-evidence civil-rights criminal-conviction criminal-procedure due-process jury-instructions presumption-of-innocence reasonable-doubt stolen-property Whether proof that the defendant possessed recently stolen property—any stolen property, as far as the instruction is concerned, even if the defendant…
18-7379 Edward Bruno Garcia v. United States Eleventh Circuit 2019-01-11 Denied IFP 28-usc-2255 acca-sentence armed-career-criminal-act burden-of-proof circuit-split johnson-claim johnson-v-united-states residual-clause section-2255 Whether a § 2255 movant raising a Johnson claim can satisfy his burden of proof by showing his ACCA sentence 'may have' been based on the residual cla…
18-7297 Donnie Howard v. California California 2019-01-10 Denied Response WaivedIFP burden-of-proof criminal-procedure jury-instructions jury-trial reasonable-doubt burden-of-proof due-process fourteenth-amendment jury-instructions jury-trial reasonable-doubt sixth-amendment Did the trial court's statements during jury selection equating being convinced beyond a reasonable doubt with being 'sure' or 'positive' of guilt vio…
18-7345 Mario Gonzalez v. United States Fifth Circuit 2019-01-10 Denied Response WaivedIFP 18-usc-2518(9) burden-of-proof due-process exclusionary-mandate mens-rea notice statutory-interpretation wire-intercepts Whether the statutory language of 18 U.S.C. § 2510 et seq. mandates a burden of proof on the government in cases involving wire intercepts
18-7307 Yoni Rayo-Espinoza v. United States Fifth Circuit 2019-01-09 Denied Response WaivedIFP burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either …
18-7267 Mashawn Greene v. Scott Semple, Commissioner, Connecticut Department of Correction Connecticut 2019-01-07 Denied Response WaivedIFP burden-of-proof constitutional-law constitutional-rights cooperating-witness criminal-trial criminal-trials due-process false-testimony government-witnesses prosecutor-duty prosecutorial-misconduct Whether the due process clause requires prosecutors to bear the burden of preventing and correcting false or misleading testimony by cooperating gover…
18-7229 Telisa De'Ann Blackman v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-01-04 Denied Response WaivedIFP aedpa brady-claim brady-giglio-napue brady-rule burden-of-proof exculpatory-evidence federal-habeas federal-writ giglio-claim giglio-rule napue-claim napue-rule prosecutorial-misconduct successive-petitions Should a prisoner be substantively disadvantaged by having to meet a higher burden of proof on her Brady/Giglio/Napue claims because the prosecution h…
18-7238 Antron Edwards v. United States Eleventh Circuit 2019-01-04 Denied Response WaivedIFP 28-usc-2255 armed-career-criminal-act burden-of-proof civil-rights collateral-review due-process johnson-rule johnson-v-united-states residual-clause retroactivity sentencing-burden-of-proof statutory-interpretation welch-v-united-states Whether a § 2255 defendant may prove that his ACCA-enhanced sentence was based on the residual clause through a process of elimination or by surveying…
18-7219 Jose Amador and Diana Mekaeil v. United States Tenth Circuit 2019-01-02 Denied IFP appellate-review burden-of-proof circuit-split criminal-procedure due-process exclusionary-rule invited-error judicial-procedure legal-burden standard-of-review warrantless-search Whether a finding of invited error requires a finding of deliberateness
18-7167 Cornelius Tyrone Kirsh v. Louisiana Louisiana 2018-12-26 Denied Response WaivedIFP aggravated-flight burden-of-proof criminal-procedure double-jeopardy due-process habitual-offender insufficient-evidence involuntary-statements reasonable-doubt sufficiency-of-evidence Whether reasonable jurist would debate that the State failed to meet its burden of proof of beyond a reasonable doubt that Mr. Kirsh is guilt
18-7139 James Castleman Gipson v. United States Fifth Circuit 2018-12-21 Denied Response RequestedResponse WaivedRelisted (2)IFP burden-of-proof circuit-split criminal-procedure due-process judicial-review presentence-report sentencing Whether factual findings of a Presentence Report (PSR) that result in a higher sentence must be proven by the government in the face of objection
18-7130 Matthew G. Alden, Jr. v. Massachusetts Massachusetts 2018-12-19 Denied Response RequestedResponse WaivedRelisted (2)IFP burden-of-proof criminal-charges criminal-charges-text-messages criminal-procedure due-process ineffective-assistance jury-instructions preponderance-of-evidence preponderance-of-the-evidence proof-beyond-reasonable-doubt reasonable-doubt right-to-acquittal structural-error text-message-evidence text-messages Whether the government's use of a preponderance-of-the-evidence standard to prove that the defendant sent text messages violates the defendant's right…
18-7039 Alexander Ndaula v. United States First Circuit 2018-12-17 Denied Response WaivedIFP 18-usc-3553 5th-amendment 6th-amendment burden-of-proof constitutional-rights criminal-procedure due-process evidentiary-hearing loss-amount sentencing sentencing-enhancement statutory-interpretation Whether the 5th and 6th Amendments require an evidentiary hearing on disputed sentencing factors and an adequate explanation for an enhanced sentence …
18-767 Ancient Coin Collectors Guild v. United States Fourth Circuit 2018-12-17 Denied Response Waived 5th-amendment archaeological-objects burden-of-proof civil-forfeiture cultural-property due-process export-control import-restrictions prospective-application unesco-convention Did the courts below violate the Guild's 5th Amendment Due Process Rights when they authorized the forfeiture of the Guild's private property without …
18-7029 Jorge Ruelas-Martinez v. United States Fifth Circuit 2018-12-13 Denied Response WaivedIFP burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either …
18-6975 Roy Arlen Van Nortrick v. Louisiana Louisiana 2018-12-11 Denied Response WaivedIFP burden-of-proof criminal-procedure due-process duress duress-inducements-promises involuntary-statements judicial-error jury-instructions reasonable-doubt Whether reasonable jurist would debate that the State failed to meet its burden of proof of beyond a reasonable doubt that Mr. Van Nortrick is guilty
18-6989 Jessie Lee Smith v. United States Eleventh Circuit 2018-12-11 Denied IFP acca-sentencing armed-career-criminal-act burden-of-proof collateral-review due-process johnson-rule johnson-v-united-states post-sentencing-case-law residual-clause retroactivity statutory-interpretation welch-v-united-states May a § 2255 defendant prove that his ACCA-enhanced sentence was based upon the residual clause through a process of elimination?
18-6936 Anthony Bernard Harris v. United States Eleventh Circuit 2018-12-06 Denied Response RequestedResponse WaivedRelisted (2)IFP armed-career-criminal-act burden-of-proof collateral-review due-process elements-clause enumerated-crimes-clause johnson-rule residual-clause retroactivity sentencing-enhancement statutory-interpretation Whether a § 2255 defendant may prove that his ACCA-enhanced sentence was based on the now-unconstitutional residual clause through a process of elimin…
18-6904 Oree Roberson v. United States Fifth Circuit 2018-12-03 Denied Response WaivedRelisted (2)IFP burden-of-proof chavez-meza chavez-meza-v-united-states circuit-conflict due-process fifth-circuit judicial-review mitigation presentence-report sentencing sentencing-guidelines sentencing-procedure standard-of-review Whether the defendant bears the burden to establish that objected to information in the Presentence Report is materially untrue, or whether the govern…
18-6873 Angela Armenta v. United States Seventh Circuit 2018-11-29 Denied Response WaivedIFP 5th-amendment-6th-amendment burden-of-proof constitutional-rights criminal-procedure due-process evidence fifth-amendment jury reasonable-doubt sentencing sixth-amendment Is the absence of evidence probative evidence of proof beyond a reasonable doubt?
18-6865 Adony Nina v. United States Second Circuit 2018-11-28 Denied Response WaivedIFP aiding-and-abetting burden-of-proof criminal-law criminal-statute due-process jurisdiction jurisdictional-element prosecutorial-burden reasonable-doubt statutory-interpretation united-states Whether Title 18 U.S.C. § 2 (Aiding and Abetting) Requires the Prosecution to Prove Beyond A Reasonable Doubt The Jurisdictional Element By Establishi…
18-6867 Alberto Jorge Silva-Ibarra v. United States Fifth Circuit 2018-11-28 Denied Response WaivedIFP burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either …
18-683 Bradley Christopher Stark v. United States Eleventh Circuit 2018-11-26 Denied Response WaivedRelisted (2) 5th-amendment burden-of-proof civil-procedure due-process federal-rules-of-civil-procedure fifth-amendment motion-to-dismiss notice-pleading sovereign-immunity Whether a plaintiff possesses a burden to do more than allege an unequivocal waiver of sovereign immunity on a motion to dismiss raising a defense of …
18-6770 David Nino-Flores v. United States Fifth Circuit 2018-11-21 Denied Response WaivedIFP burden-of-proof criminal-procedure defendant-rights due-process indictment jury-determination jury-trial prior-conviction sentencing statutory-maximum Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either …
18-641 J. M., By and Through his Mother, Maria Mandeville v. Kathryn Matayoshi, Superintendent, Hawaii Public Schools, et al. Ninth Circuit 2018-11-16 Denied Response Waived autism bullying burden-of-proof due-process endrew-f fape free-appropriate-public-education idea individualized-education-program special-education special-education-law Whether the Ninth Circuit Court of Appeals failed to follow the Supreme Court's standard for a free appropriate public education (FAPE) established in…
18-6726 Billy Brantley v. Indiana Indiana 2018-11-16 Denied Response WaivedIFP 14th-amendment burden-of-proof charged-offense constitutional-law criminal-procedure due-process evidence fourteenth-amendment jury jury-instructions reasonable-doubt Where the State must present 'some' evidence of a particular fact before a jury may find a defendant guilty of a charged offense, does the Due Process…
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…
18-6697 Kevin Marquette Bellinger v. United States Fourth Circuit 2018-11-14 Denied Response WaivedIFP burden-of-proof criminal-procedure due-process evidence federal-jurisdiction jury jury-instructions malice-aforethought mens-rea murder murder-conviction statutory-interpretation sufficiency-of-evidence Whether there was sufficient evidence presented to the jury in Bellinger's case to convict Bellinger of murder as alleged in Counts One and Two, where…
18-617 Spirit Airlines, Inc. v. Steven Maizes, et al. Eleventh Circuit 2018-11-13 Denied Amici (2)Response RequestedResponse WaivedRelisted (2) arbitrability arbitration-agreement bilateral-arbitration burden-of-proof class-arbitration delegation delegation-doctrine standard-arbitration-rules standard-of-review Must a party overcome a higher burden to show that an arbitration agreement delegates to the arbitrator the power to decide the availability of class …
18-611 John J. Tatar v. United States Sixth Circuit 2018-11-09 Denied Response WaivedRelisted (2) administrative-claim burden-of-proof civil-procedure due-process equal-protection frivolous-claims rule-of-law tax-evasion tax-refund Did Petitioner-Tatar carry his burden of proof for his tax refund claims?
18-6597 Jazsmine Arielle Joseph v. United States Fifth Circuit 2018-11-08 Denied Response WaivedIFP burden-of-proof child-trafficking confrontation-clause confrontation-rights conspiracy conspiracy-charge domestic-violence expert-testimony sex-trafficking Did the lower court err in its decision regarding the requirements to prove a conspiracy charge in the sex trafficking of a child count?
18-6618 Jessie Jesus Marquez v. United States Tenth Circuit 2018-11-08 Denied Response WaivedIFP burden-of-proof circuit-split constitutional-burden constitutional-law criminal-procedure drug-case evidence-sufficiency expert-testimony federal-rules-of-evidence government-proof recorded-phone-call Are statements made during a recorded phone call, standing alone, sufficient to sustain the Government's constitutional burden of proof in a drug case…
18-6579 In Re Patricia Ann McQuarry 2018-11-07 Denied Relisted (2)IFP appointment-affidavit burden-of-proof civil-procedure civil-rights constitutional-irregularity constitutional-law constitutional-result due-process ex-post-facto habeas-corpus ineffective-assistance-of-counsel ineffective-counsel remedies remedy secret-grand-jury standing subject-matter-jurisdiction unsigned-indictment vague-statutes Can an unconstitutional action by the government bring about a 'constitutional result?
18-6591 Leslie Chin v. United States Eleventh Circuit 2018-11-06 Denied Response WaivedIFP burden-of-proof circuit-split criminal-procedure due-diligence due-process equal-protection federal-courts new-trial newly-discovered-evidence standard-of-review trial-procedure Whether the Equal Protections Clause is violated when there is a conflict amongst the federal circuit courts of appeal dealing with what a defendant i…
18-567 Danny Snapp v. Burlington Northern Santa Fe Railway Company Ninth Circuit 2018-10-31 Denied ada ADA-interactive-process ada-reasonable-accommodation burden-of-proof civil-rights disability-discrimination employer-burden employment interactive-process jury-instruction jury-instructions reasonable-accommodation summary-judgment undue-hardship us-airways-v-barnett whether-employer-must-provide-interactive-process-instruction
18-6497 Dexter Watson v. Raymond Byrd, Warden Fifth Circuit 2018-10-30 Denied Response WaivedIFP appellate-review burden-of-proof constitutional-law criminal-procedure due-process effective-assistance-of-counsel evidentiary-hearing factual-disputes intent reversible-error Did the court reasonably infer petitioner's guilt beyond a reasonable doubt?
18-545 First Advantage Background Services Corp. v. Superior Court of California, San Mateo County, et al. California 2018-10-25 Denied Amici (2)Response RequestedResponse WaivedRelisted (2) burden-of-proof class-action due-process fair-credit-reporting-act federal-statute forum-state fourteenth-amendment harm nationwide-class-action non-resident-defendant personal-jurisdiction specific-jurisdiction Whether a state court may exercise specific personal jurisdiction over a non-resident defendant in a nationwide class action when the alleged conduct …
18-6370 Charles Harper v. United States Eleventh Circuit 2018-10-18 Denied Response WaivedIFP 28-usc-2255 armed-career-criminal-act burden-of-proof collateral-review due-process elements-clause enumerated-crimes-clause johnson-rule johnson-v-united-states residual-clause retroactivity sentencing-enhancement welch-v-united-states May a § 2255 defendant prove that his ACCA-enhanced sentence was based upon the residual clause through a process of elimination?
18-6385 Jeffrey Bernard Beeman v. United States Eleventh Circuit 2018-10-18 Denied Response RequestedResponse WaivedRelisted (2)IFP armed-career-criminal-act burden-of-proof collateral-review due-process elements-clause enumerated-crimes-clause johnson-rule residual-clause sentencing-challenge statutory-interpretation Whether a defendant may prove that his ACCA-enhanced sentence was based on the now-unconstitutional residual clause through a process of elimination o…
18-6364 Phap Buth v. Massachusetts Massachusetts 2018-10-17 Denied Response WaivedIFP barnes-v-united-states burden-of-proof criminal-procedure due-process fourteenth-amendment in-re-winship Whether the Due Process Clause of the Fourteenth Amendment allows reliance on an inference that is at best more likely than not, but not beyond a reas…
18-6323 Ashley Kenneth Hunter v. North Dakota North Dakota 2018-10-16 Denied Response WaivedIFP burden-of-proof colorado-v-connelly constitutional-rights distortion due-process interrogation-recording law-enforcement-procedure lower-courts miranda-warnings supreme-court unequal-application When lower courts distort the rule announced in Colorado v. Connelly, 479 U.S. 157 (1986) (burden of proof), should this Court correct that distortion…
18-6328 Carlton Roland Hunter v. United States Eleventh Circuit 2018-10-16 Denied Response WaivedIFP 28-usc-2255 armed-career-criminal-act burden-of-proof circuit-split collateral-review johnson-rule johnson-v-united-states post-sentencing-case-law residual-clause retroactivity sentencing-enhancement welch-v-united-states Whether a defendant in a 28 U.S.C. § 2255 proceeding may prove that his enhanced sentence was based on the now-unconstitutional residual clause of the…
18-6337 Travis W. Williams v. Missouri Missouri 2018-10-16 Denied Response WaivedIFP burden-of-proof child-sex-offense criminal-procedure due-process federal-rules-of-evidence fourteenth-amendment mo-const-art-i-18c presumption-of-innocence propensity-evidence Whether the Fourteenth Amendment's Due Process Clause prohibits evidence that the defendant has an unrelated remote prior child sex offense conviction…
18-6341 John William Lieba, II v. United States Ninth Circuit 2018-10-16 Denied Response WaivedIFP appeal appellate-review burden-of-proof criminal-conviction criminal-procedure due-process evidence jury legal-standard standard-of-review sufficiency-of-evidence Whether sufficient evidence existed to convict Mr. Lieba?
18-6316 Willie Gene Wilks, Jr. v. Ohio Ohio 2018-10-15 Denied IFP burden-of-proof due-process false-testimony grand-jury indictment jury-instructions plain-error-review prosecutor prosecutorial-misconduct structural-error Is a defendant denied due process when a prosecutor presents and relies upon false testimony in order to secure an indictment in grand jury proceeding…
18-455 Aaron Joseph Emineth v. Oregon Oregon 2018-10-11 Denied Response Waived 14th-amendment burden-of-proof constitutional-rights criminal-procedure due-process fourteenth-amendment photo-radar standard-of-proof state-court-proceedings traffic-enforcement trial-court Did the state trial court violate Petitioner's constitutional right to Due Process under the Fourteenth Amendment of the United States Constitution by…
18-6293 Alfredo Martinez-Rey v. United States Fifth Circuit 2018-10-11 Denied Response WaivedIFP burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction reasonable-doubt sentencing statutory-maximum Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either …
18-6253 Daniel R. Wesling v. Pennsylvania Pennsylvania 2018-10-09 Denied Response WaivedIFP burden-of-proof criminal-conviction criminal-procedure due-process indictment indictment-sufficiency pennsylvania-law presumption-of-innocence prosecutorial-standards vagueness victim-testimony Is the Commonwealth of Pennsylvania's conviction of the Petitioner with uncorroborated victim statements coupled with an indictment so vague as to des…
18-6234 Scott Doyle Barrett v. Arizona Arizona 2018-10-05 Denied Response WaivedIFP 14th-amendment burden-of-proof child-molestation constitutional-rights criminal-procedure due-process sexual-motivation Does Arizona's statutory scheme, which excludes sexual motivation as an element of child molestation, unconstitutionally shift the burden of proof on …
18-416 JoAnn Hatch v. Megan J. Brennan, Postmaster General, et al. Ninth Circuit 2018-10-03 Denied Response Waived ada burden-of-proof civil-rights disability-discrimination non-discriminatory-reason reasonable-accommodation seniority-system summary-judgment Whether the trial court may disregard or ignore a party's sworn testimony concerning a material historical fact based upon contradictory inferences ar…
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…
18-5972 Assane Faye v. United States Third Circuit 2018-09-13 Denied Response WaivedIFP burden-of-proof fifth-amendment indictment jury-instruction jury-instructions non-statutory-element prosecutorial-discretion sufficiency-of-evidence trial-procedure Does the government heighten its burden of proof at trial by adding a non-statutory element to the indictment, pursuing its case to include that extra…
18-322 Steven A. Miner v. Illinois Attorney Registration and Disciplinary Commission Illinois 2018-09-12 Denied attorney-disciplinary-proceedings attorney-discipline burden-of-proof clear-and-convincing-evidence due-process due-process-clause first-amendment misappropriation personal-relationships private-relationships professional-misconduct Whether the burden of proof was improperly shifted to the attorney, in violation of the Due Process Clause, by finding dishonesty based on lack of rec…
18-289 Alfred DeGennaro v. American Bankers Insurance Company of Florida, et al. Third Circuit 2018-09-06 Denied Response Waived burden-of-proof circuit-court-split circuit-split civil-procedure-pleading-standards damages damages-calculation due-process fraud grubbs-v-kanneganti insurance-fraud monetary-value pleading-requirements pleading-standards rule-9b story-v-parchment supreme-court-precedent Whether the Third Circuit Court of Appeals improperly stated the law
18-271 Zachary N. Trost, et ux. v. Sherry Trost Sixth Circuit 2018-09-04 Denied Relisted (2) bankruptcy bankruptcy-discharge burden-of-proof discharge intent intent-standard kawaauhau-v-geiger non-dischargeable-debt restatement-of-torts wrongful-act wrongful-conduct What evidence is required to show that a wrongdoer intended the consequences of a wrongful act, rather than just the act itself, for a debt to be cons…
18-258 Hatem El-Khalidi v. Arabian American Development Company Texas 2018-08-29 Denied Response Waived access-to-court access-to-courts americans-with-disabilities-act burden-of-proof burdens-of-proof civil-procedure civil-rights constitutional-protection disability-rights due-process standing title-ii Must a person conclusively establish the limitations caused by a disability to invoke the protection of the constitutional right of access to court pr…
18-190 Queen's University at Kingston v. Samsung Electronics Co., Ltd., et al. Federal Circuit 2018-08-13 Denied Response Waived administrative-procedure-act burden-of-proof due-process enablement inter-partes-review patent-invalidity prior-art Does the Federal Circuit's requirement that patent owners negate enablement of prior art in the first instance invert the statutory burden of proving …
18-180 Jesus E. Tirrez v. Commission for Lawyer Discipline, et al. Texas 2018-08-10 Denied Response Waived burden-of-proof disbarment disbarment-proceedings due-process equal-protection in-re-ruffalo professional-license professional-licenses quasi-criminal quasi-criminal-proceeding Do rules that decree that the disbarment proceedings are civil and that the burden of proof is only by a preponderance, deprive Texas attorneys sued f…
18-5539 Derek W. Pelto v. Julie L. Jones, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2018-08-10 Denied Response WaivedIFP burden-of-proof change-of-law insanity-defense right-to-testify burden-of-proof certificate-of-appealability criminal-procedure ineffective-assistance insanity-defense right-to-counsel right-to-testify sixth-amendment Whether the court of appeals improperly denied the Petitioner a certificate of appealability under 28 U.S.C. § 2253(c) on his claim that his counsel r…
18-5518 Norman Mearle Grim v. Florida Florida 2018-08-08 Denied Relisted (5)IFP advisory-jury burden-of-proof caldwell-v-mississippi capital-case death-penalty death-penalty-sentencing eighth-amendment harmless-error hurst-v-florida hurst-violation sixth-amendment sullivan-v-louisiana Whether a Hurst violation can be ruled harmless based solely on a pre-Hurst advisory jury's unanimous vote to recommend death, where the jurors heard …
18-5447 David V. Rock v. Charmaine Bracy, Warden Sixth Circuit 2018-08-06 Denied IFP burden-of-proof constitutional-error due-process enhancement evidence habeas-corpus plea-bargaining plea-validity presumption-of-innocence reasonable-doubt sixth-amendment Whether the presumption of innocence and burden of proof requirements are unconstitutionally repealed in enhancement cases, requiring the defendant to…
18-5438 Ulriste Tulin v. United States Fourth Circuit 2018-08-02 Denied Response WaivedIFP burden-of-proof confrontation-clause criminal-procedure due-process evidence-reliability federal-rules-of-evidence kidnapping new-trial out-of-court-identification suggestive-procedure witness-identification Is an out-of-court identification of a defendant unduly suggestive and unreliable?
18-141 Allana Baroni v. CIT Bank N.A., fka OneWest Bank FSB, fka OneWest Bank NA Ninth Circuit 2018-07-31 Denied Response Waived 11-usc-501 bankruptcy bankruptcy-creditor bankruptcy-procedure blank-indorsement burden-of-proof chapter-11 creditor creditor-rights deed-of-trust federal-rules-bankruptcy-procedure federal-rules-of-bankruptcy-procedure promissory-note standing When a party to a Chapter 11 bankruptcy case contends it can enforce the terms of promissory note and deed of trust, can it prove it is a 'creditor' e…
18-5416 Ramal Hammond v. Ohio Ohio 2018-07-31 Denied Response WaivedIFP amnesia burden-of-proof competency criminal-procedure defendant-amnesia due-process dusky-standard dusky-v-united-states mental-capacity right-to-counsel sixth-amendment trial-competency When the evidence of guilt is far from overwhelming but cannot be rebutted without information that only the defendant would know, but due to amnesia …
18-5398 Kenneth Floyd Prutting v. United States Eleventh Circuit 2018-07-30 Denied IFP 28-usc-2255 2nd-amendment armed-career-criminal armed-career-criminal-act burden-of-proof criminal-procedure due-process johnson-claim johnson-v-united-states residual-clause samuel-johnson section-2255 sentencing sentencing-enhancement Whether a § 2255 movant raising a Samuel Johnson claim can satisfy his burden of proof by showing his ACCA sentence may have been based on the residua…
18-5375 Christopher Henriquez v. California California 2018-07-27 Denied IFP aggravating-factors burden-of-proof capital-punishment constitutional-rights criminal-sentencing death-penalty due-process equal-protection jury-trial mitigating-circumstances reasonable-doubt Whether the California death penalty scheme violates the Fifth, Sixth and Fourteenth Amendments
18-5378 Alejandro Chavez-Garcia v. United States Fifth Circuit 2018-07-27 Denied Response WaivedIFP alleyne-v-united-states apprendi-v-new-jersey burden-of-proof criminal-procedure defendant-rights indictment jury-beyond-reasonable-doubt jury-trial prior-conviction sentencing statutory-maximum Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either …
18-5317 Jose Villanueva-Cardenas v. United States Fifth Circuit 2018-07-23 Denied Response WaivedIFP burden-of-proof criminal-procedure due-process indictment jury-trial prior-conviction prior-conviction-enhancement sentencing statutory-maximum Whether all facts - including the fact of a prior conviction - that increase a defendant's statutory maximum must be pleaded in the indictment and eit…
18-5263 Bobby Ree McGee, Jr. v. United States Eleventh Circuit 2018-07-19 Denied IFP 2255-motion armed-career-criminal-act burden-of-proof certificate-of-appealability elements-clause johnson-claim residual-clause samuel-johnson section-2255 statutory-maximum violent-felony Whether a § 2255 movant raising a Samuel Johnson claim can satisfy his burden of proof by showing his ACCA sentence may have been based on the residua…
18-5268 Jeremiah T. Sailor v. United States Eleventh Circuit 2018-07-18 Denied IFP 28-usc-2255 acca burden-of-proof collateral-review johnson johnson-v-united-states record residual-clause sentencing Whether a court may grant a 28 U.S.C. § 2255 petition collaterally challenging a sentence under Johnson when the sentencing judge never specified - an…
18-5242 Kenneth Martin, Jr. v. United States Fifth Circuit 2018-07-16 Denied Response WaivedIFP burden-of-proof co-conspirator co-conspirator-testimony corroboration corroboration-requirement criminal-conviction criminal-procedure due-process evidence evidentiary-standard fifth-circuit-law plea-bargain sentencing testimony witness-credibility Whether the Fifth Circuit's law that allows a conviction based solely on the uncorroborated testimony of a co-conspirator should be abandoned, or at l…
18-5161 Marvin Waddleton, III v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2018-07-06 Denied Relisted (2)IFP aedpa burden-of-proof constitutional-review criminal-procedure due-process jackson-standard plain-error pro-se right-to-counsel state-court-review statutory-interpretation sufficiency-of-evidence Whether the state court's application of the Jackson standard of review in evaluating the sufficiency of the evidence violated clearly established fed…
18-5079 Michelle Lyn Michaud v. California California 2018-07-03 Denied IFP aiding-and-abetting burden-of-proof constitutional-error criminal-liability criminal-procedure due-process factfinding-function fifth-amendment jury-instructions jury-trial jury-trial-guarantees reasonable-doubt sixth-amendment Whether the trial court's incorrect instruction on aiding and abetting liability violated the constitutional jury trial guarantees of the Fifth, Sixth…
18-5108 Jaime Davila-Reyes, aka Peluche, aka Pai, aka Jaime, aka Chezina v. United States First Circuit 2018-07-03 Denied Response WaivedIFP burden-of-proof criminal-sentencing dismissed-charges due-process judicial-discretion preponderance-of-evidence sentencing sentencing-reasonableness substantive-reasonableness unproven-allegations Whether Petitioner's sentence was substantively unreasonable because the district court violated due process when it enhanced Petitioner's sentence ba…
18-5011 Xavier Cardona v. United States Fifth Circuit 2018-06-28 Denied Response WaivedRelisted (2)IFP 4th-amendment 5th-amendment appellate-review asset-seizure burden-of-proof civil-forfeiture currency-seizure drug-trafficking drug-transaction due-process evidence-standard judicial-conversion procedural-due-process property-rights sentencing-guidelines Was the court of appeals correct in affirming the district court's conversion of the petitioner's seized cash into cocaine when there was no evidence …