certificate-of-appealability

1,229 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-6804 Robin O'Neill v. Jon Murad, Interim Commissioner, Vermont Department of Corrections Second Circuit 2026-02-13 Pending IFP certificate-of-appealability constitutional-sentencing due-process habeas-corpus mandatory-life-sentence proportionality-review 1. Does the mandatory life sentence of Vermont's aggravated murder statute, 13 V.S.A. 2311 (a)(3)(c), violate proportionality principles and due proce…
25-950 Mark Hartman v. Dave Yost, Attorney General of Ohio Sixth Circuit 2026-02-10 Pending appellate-review certificate-of-appealability confrontation-clause constitutional-error due-process sixth-amendment I Did the Sixth Circuit err when it reversed the district court's grant of the writ based on ineffective assistance of counsel during cross-examinatio…
25A902 Raymond Ghaloustian, aka Valnyk Matthewsi v. United States Ninth Circuit 2026-02-09 Application appellate-review certificate-of-appealability federal-prisoner habeas-corpus post-conviction-relief section-2255 Question not identified.
25-6759 Carlos Granda v. United States Eleventh Circuit 2026-02-09 Pending IFP certificate-of-appealability circuit-precedent constitutional-rights federal-procedure habeas-corpus judicial-review Whether, for purposes of 28 U.S.C. § 2253(c), a claim foreclosed by binding circuit precedent may nonetheless be "debatable among jurists of reason" w…
25A868 Gregory Michael Nierenberg v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2026-02-03 Application certificate-of-appealability eleventh-circuit federal-court habeas-corpus post-conviction statutory-interpretation Question not identified.
25A862 Clark MacKendrick v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2026-02-02 Application certificate-of-appealability eleventh-circuit federal-court habeas-corpus judicial-review procedural-due-process Question not identified.
25A861 Giordano Jackson v. United States Ninth Circuit 2026-02-02 Application certificate-of-appealability federal-procedure habeas-corpus institutional-constraints law-of-case pro-se Question not identified.
25-6660 Demetrius Franklin v. Raymond Madden, Warden Ninth Circuit 2026-01-23 Pending Response WaivedIFP brady-violation certificate-of-appealability habeas-corpus ninth-circuit prosecutorial-misconduct summary-denial Petitioner Demetrius Franklin was convicted of first degree murder based on the testimony of a single identifying witness, Shanti Day. The prosecution…
25-6647 Emanuel Johnson, Sr. v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2026-01-22 Pending IFP certificate-of-appealability conflict-of-interest death-penalty federal-review habeas-corpus postconviction-review 1. Under the threshold certificate of appealability standard, could reasonable jurists debate a district court's refusal to consolidate inextricably i…
25-6643 Lawrence Rhoden v. Brittany Greene, Warden Seventh Circuit 2026-01-22 Pending Response WaivedIFP appellate-review certificate-of-appealability constitutional-rights district-court habeas-corpus procedural-ruling WHETHER A CRIMINAL DEFENDANT IS LEGALLY ENTITLED TO A CERTIFICATE OF APPEALABILITY WHERE: (1) IT IS DEMONSTRATED THAT A SUBSTANTIAL SHOWING OF THE DE…
25-6620 Raymond Edward Lumsden v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2026-01-20 Pending IFP certificate-of-appealability constitutional-rights habeas-corpus ineffective-assistance-of-counsel martinez-trevino-standard procedural-due-process 1. In dismissing Petitioner's U.S.C. § 2254 Application, and denying a certificate of appealability, has the district court and the Fifth Circuit Cour…
25-6609 Roger Hoan Brady v. Sircoya M. Williams, Warden, et al. Ninth Circuit 2026-01-16 Pending IFP batson-challenge certificate-of-appealability judicial-error procedural-default racial-discrimination voir-dire 1. In light of the missing voir dire transcript, did the U.S. District Court erred when it held that Petitioner's Batson claim was procedurally defaul…
25-6579 Robert Keaton v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2026-01-14 Pending Response WaivedIFP appellate-procedure certificate-of-appealability fifth-amendment fourteenth-amendment habeas-corpus takings-clause Whether an accused's right under the Due Process Clause of the Fifth and Fourteenth Amendment is offended when a United States Court of Appeals denies…
25-6556 Darrell Jones v. Stephen Reynolds, Acting Warden Sixth Circuit 2026-01-13 Pending Response WaivedIFP certificate-of-appealability constitutional-rights federal-law habeas-corpus judicial-review sixth-circuit Where the Petitioner-Appellant's case presented a substantial showing of a denial of a constitutional right, and where the issues presented were debat…
25-811 Matthew Lee Sepulveda v. United States Fifth Circuit 2026-01-09 Pending Response Waived certificate-of-appealability circuit-court-precedent federal-appellate-procedure habeas-corpus jurisdictional-issue statutory-interpretation Does the Supreme Court's ruling that 28 U.S.C. § 2253(c)(3) is non-jurisdictional in nature overrule the Fifth Circuit's jurisprudence?
25-6518 Deandre M. Smith v. Bradley Mlodzik, Warden Seventh Circuit 2026-01-08 Pending Response WaivedIFP certificate-of-appealability habeas-corpus ineffective-assistance procedural-review sixth-amendment strickland-standard This case presents an important question regarding an individual's entitlement to a certificate of appealability. Regarding that entitlement, this Cou…
25-6405 Jerel D. Kent v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2025-12-18 Denied Response WaivedIFP certificate-of-appealability circuit-court district-court federal-rules-of-appellate-procedure judicial-review motion-denial Whether a single circuit court judge may deny a motion for certificate of appealability under Fed. R. App. P. 27 (c) by finding the district court rea…
25-6402 Anwar Mithavayani v. United States Sixth Circuit 2025-12-18 Pending Response WaivedIFP certificate-of-appealability constitutional-claims habeas-corpus ineffective-assistance procedural-default prosecutorial-misconduct 1. Whether the lower courts provided sufficient and adequate process to test the legality of Petitioner's Detention under 28 U.S.C. § 2255 and due pro…
25-6388 James W. VanDivner, Jr. v. Laurel R. Harry, Secretary, Pennsylvania Department of Corrections, et al. Third Circuit 2025-12-16 Pending Response WaivedIFP certificate-of-appealability habeas-corpus heat-of-passion ineffective-assistance-counsel suppressed-evidence voluntary-manslaughter Should a certificate of appealability have issued, where the suppressed evidence, considered cumulatively, would have placed a burden on the Commonwea…
25-6377 Ronald Wolters v. Shelbie Smith, Warden Sixth Circuit 2025-12-15 Pending IFP certificate-of-appealability due-process habeas-corpus ineffective-counsel sixth-amendment strickland-standard Did the Sixth Circuits denial of a COA decide the important federal question related to sufficiency of the evidence and proof beyond a reasonable doub…
25A689 Edward Allen Moore v. Gregory Hancock, Warden, et al. Eighth Circuit 2025-12-11 Application certificate-of-appealability court-access eighth-circuit habeas-corpus prison-library pro-se-litigation Question not identified.
25-6335 Jake Paul Heiney v. Ashley Richardson, Director, Lucas County Adult Probation Department, et al. Sixth Circuit 2025-12-10 Denied Response WaivedIFP certificate-of-appealability district-court evidentiary-review habeas-corpus reasonable-jurists state-court-record 1. Whether a district court must review evidence in the state-court record when the habeas petitioner alleges it demonstrates that the state court unr…
25A670 Marzet Farris, III v. Ryan Thornell, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. Ninth Circuit 2025-12-09 Application certificate-of-appealability constitutional-right habeas-corpus ineffective-assistance post-conviction procedural-default Question not identified.
25-6276 Hisan Lee v. United States Second Circuit 2025-12-03 Denied Response WaivedIFP affidavit-evidence certificate-of-appealability constitutional-claims due-process federal-court-review judicial-discretion 1. Due Process and False Evidence: Whether due process is violated when a federal court relies ona demonstrably false affidavit from defense counsel, …
25-6247 Jackie Lee Brooks v. United States Fifth Circuit 2025-11-26 Denied Response WaivedIFP 28-usc-2255 certificate-of-appealability due-process ineffective-assistance proffer-agreement slack-v-mcdaniel 1. Whether a 28 U.S.C. § 2255 petitioner who alleges constitutionally ineffective assistance of counsel for faling to object to the Government's Due…
25-6234 Edwin Riascos Romero v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2025-11-25 Denied IFP appellate-review certificate-of-appealability constitutional-claim ineffective-assistance search-and-seizure sufficiency-of-evidence 1. Whether the denial of a COA on Petitioner's sufficiency of the evidence challenge was proper? and 2. Whether the denial of a COA on Petitioner's i…
25-6211 In Re Jordan Monroe 2025-11-24 Denied Response WaivedIFP abuse-of-discretion certificate-of-appealability constitutional-rights habeas-corpus subject-matter-jurisdiction ultra-vires QUESTION (1) Where a Court Of Appeals fails or refuses to comply with BLACK LETTER LAW--28 U.S.C. §2253—which is a statute that was duly enacted by …
25-6181 Graham Schiff v. Warden Fourth Circuit 2025-11-20 Denied Response WaivedIFP certificate-of-appealability constitutional-rights first-amendment habeas-corpus judicial-misconduct speech-protection I. First Amendment and Certificate of Appealability Standard Whether this Court should grant certiorari —or exercise its supervisory authority —to dir…
25-6166 Gregory P. Burleson v. United States Ninth Circuit 2025-11-19 Denied Response WaivedIFP certificate-of-appealability due-process habeas-corpus ineffective-assistance ninth-circuit trial-counsel Did the Ninth Circuit Court of Appeals err in denying a Certificate of Appealability ("COA") consistent with the standards set by 28 U.S.C. § 2253(c)(…
25-591 Benjamin Jakes-Johnson v. United States Second Circuit 2025-11-19 Denied Response Waived appellate-procedure certificate-of-appealability circuit-split constitutional-claims habeas-corpus judicial-review 28 U.S.C. § 2253(c)(1) and this Court's precedents establish that certificates of appealability ("COA") may be issued to habeas petitioners seeking ap…
25-578 Joshua Eric Hawk Clark v. Burl Cain, Commissioner, Mississippi Department of Corrections Fifth Circuit 2025-11-17 Denied Response Waived certificate-of-appealability fourteenth-amendment gatekeeping-function habeas-corpus scientific-evidence shaken-baby-syndrome Did the Court of Appeals erroneously deny Petitioner Joshua Clark a Certificate of Appealability on his Fourteenth Amendment claims even though Petiti…
25-6143 Rodney James Dilworth v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2025-11-17 Denied IFP appellate-review certificate-of-appealability habeas-corpus judicial-discretion procedural-default standard-of-review WHETHER THE COURT OF APPEALS ERRED IN DENYING PETITIONER'S REQUEST FOR A CERTIFICATE OF APPEALABILITY.
25A567 Paul D. Carr v. Jeff Macomber, Secretary, California Department of Corrections and Rehabilitation Ninth Circuit 2025-11-14 Application certificate-of-appealability constitutional-rights habeas-corpus ninth-circuit pro-se substantial-showing Question not identified.
25-6076 Martin Ponce Ramirez v. Leo Quiroz, Acting Warden Ninth Circuit 2025-11-10 Denied IFP certificate-of-appealability due-process extradition-warrant habeas-corpus ineffective-assistance plea-coercion THE NINTH CIRCUIT COURT OF APPEALS IMPROPERLY DENIED PETITIONER'S APPLICATION FOR CERTIFICATE OF APPEALABILITY (28 U.S.C. §2253). REGARDING ISSUES: …
25A533 James W. VanDivner, Jr. v. Laurel R. Harry, Secretary, Pennsylvania Department of Corrections, et al. Third Circuit 2025-11-07 Application capital-case certificate-of-appealability circuit-court federal-public-defender habeas-corpus post-conviction Question not identified.
25-554 Shawn Edward Shaffer v. James Hill, Warden Ninth Circuit 2025-11-06 Denied Response Waived certificate-of-appealability due-process habeas-corpus jackson-standard ninth-circuit state-procedural-rule 1. Whether the Ninth Circuit erred in denying a certificate of appealability where the petitioner alleged a violation of the 14th Amendment's Due Proc…
25A497 Arthur Torlucci v. California Ninth Circuit 2025-10-30 Application certificate-of-appealability constitutional-claim federal-petition habeas-corpus procedural-grounds section-2254 Question not identified.
25-5951 Ronald Tai Young Moon, Jr. v. United States Eleventh Circuit 2025-10-24 Denied Response WaivedIFP certificate-of-appealability constitutional-claims due-process habeas-corpus prejudicial-evidence sealed-transcripts 1. Whether denying access to sealed ex parte transcripts, essential for proving actual innocence through alibi witnesses and third-party perpetrator …
25A450 Melvin Clark v. James Hill, Warden Ninth Circuit 2025-10-21 Presumed Complete appealability-threshold certificate-of-appealability constitutional-claim habeas-corpus procedural-ruling slack-standard Question not identified.
25-5902 Ramon Simpson v. United States Eighth Circuit 2025-10-16 Denied Response WaivedIFP certificate-of-appealability circuit-split credibility-determination evidentiary-hearing section-2255 sixth-amendment Whether, in light of a profound and acknowledged circuit split, a district court may deny a § 2255 hearing by making a dispositive credibility determi…
25-5893 Frederick M. Hill v. Angela Stuff, Warden Sixth Circuit 2025-10-15 Denied Response WaivedIFP certificate-of-appealability constitutional-claim fourth-amendment knock-and-talk procedural-due-process sixth-amendment 1. Should the "one fair shot" and procedural due process require the court of appeals to notify a petitioner that an appeal and briefing schedule is …
25-5876 William Housman v. Laurel Harry, Secretary, Pennsylvania Department of Corrections, et al. Third Circuit 2025-10-14 Denied IFP appellate-procedure certificate-of-appealability federal-constitutional-claim judicial-review reasonable-jurists state-court-decision Does a state court's divided decision on the merits of a federal constitutional claim demonstrate that reasonable jurists would debate the claim's mer…
25-384 Faisal Ashraf v. United States Ninth Circuit 2025-10-02 Denied Response Waived certificate-of-appealability due-process intervening-law ninth-circuit noncriminal-conduct plea-agreement Whether this Court should grant, vacate, and remand the Ninth Circuit's denial of a certificate of appealability for the plainly substantial issue of …
25-5765 Markeisha Elliott v. Shannon Olds, Warden Sixth Circuit 2025-09-30 Denied IFP certificate-of-appealability due-process habeas-corpus ineffective-assistance jury-instructions sixth-amendment (l)(a) Whether the Sixth Circuit erred by denying a COA on the merits instead of deciding the "threshold inquiry" of whether a Petitioner has raised …
25-5767 Robert Draft v. Dexter Payne, Director, Arkansas Division of Correction Eighth Circuit 2025-09-30 Denied Response WaivedIFP certificate-of-appealability circuit-court district-court habeas-corpus legal-merit procedural-error 1) Did the United States District Court error in ruling that Mr. Draft 's petition for writ of Habeas Corpus was untimely? 2) Did the United States …
25A361 Michael Rene Garrett v. United States Eleventh Circuit 2025-09-29 Presumed Complete 28-usc-2255 certificate-of-appealability constitutional-right federal-prisoner post-judgment-motion pro-se Question not identified.
25-5744 Anthony Balducci v. Jerry Spatny, Warden Sixth Circuit 2025-09-26 Denied Response WaivedIFP certificate-of-appealability due-process fourteenth-amendment habeas-corpus ineffective-assistance sixth-amendment I. Whether a hearing in which a defendant seeks to withdraw a guilty plea, made at his first opportunity and before sentencing, at which he asserts in…
25A331 Jacob Matthew Medina v. United States Ninth Circuit 2025-09-23 Presumed Complete brady-claim certificate-of-appealability collateral-attack-waiver constitutional-right habeas-corpus pro-se In this case, the district court denied applicant's 28 U.S.C. § 2255 application—and denied a certificate of appealability (COA)—for one reason and on…
25A333 Ledale Nathan v. Heather Cofer, Warden, et al. Eighth Circuit 2025-09-23 Presumed Complete certificate-of-appealability eighth-circuit federal-review habeas-corpus pro-bono supreme-court-rule Question not identified.
25A328 Palma Jefferson, Jr. v. United States Fifth Circuit 2025-09-22 Presumed Complete certificate-of-appealability federal-appeal legal-resources pro-se supreme-court-rules writ-of-certiorari Question not identified.
25-5674 Byron Neal v. Warden, FCI Terminal Island Ninth Circuit 2025-09-18 Denied Response WaivedIFP certificate-of-appealability constitutional-question detention-legality habeas-corpus savings-clause second-successive-motion Whether the United States Court of Appeals for the Ninth Circuit ("Ninth Circuit") erred in construing Neal's Petition for a Writ of Habeas Corpus und…
25-318 Eric Matthew Mumaw v. Tom McGinley, Superintendent, State Correctional Institution at Coal Township Third Circuit 2025-09-17 Denied appellate-review certificate-of-appealability district-court habeas-corpus procedural-error third-circuit 1. Whether the Third Circuit Court of Appeals erred in denying the Petitioner's Certificate of Appealability? 2. Whether the District Court should …
25A305 Ernest Edward Gaines v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2025-09-17 Presumed Complete certificate-of-appealability constitutional-rights dna-testing due-process habeas-corpus post-conviction-relief Question not identified.
25-304 Kevin J. Koelemij v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2025-09-16 Denied Response Waived 28-usc-2254 certificate-of-appealability constitutional-rights fair-trial judicial-misconduct state-trial-court Whether the court of appeals improperly denied the Petitioner a certificate of appealability on his 28 U.S.C. § 2254 claim that he was denied his cons…
25-5623 Devon Joseph Anderson v. Alicia Carver, Warden, et al. Ninth Circuit 2025-09-12 Denied Response WaivedIFP certificate-of-appealability district-court federal-review habeas-corpus procedural-default state-conviction D'.cL M-.rvllv Coiv^ of Ajpp-cals trr il a^ f'dfu^S'f or CxxA'f coAx- cf Appt atab'll' ly? Ji) iy d lk< lUd-cJ SUk-s DisUcd too*-/ for DiUricJ ' of ^…
25A282 Jeremiah S. Farmer v. United States Seventh Circuit 2025-09-11 Presumed Complete certificate-of-appealability collateral-attack due-diligence habeas-corpus innocence-claim successive-petition Question not identified.
25A274 John Benton Ragland v. Karin Arnold, Superintendent, Stafford Creek Corrections Center Ninth Circuit 2025-09-09 Presumed Complete certificate-of-appealability constitutional-claim federal-review habeas-corpus ninth-circuit procedural-default Question not identified.
25A275 Benjamin Jakes-Johnson v. United States Second Circuit 2025-09-09 Presumed Complete appellate-review certificate-of-appealability constitutional-right ineffective-assistance prosecutorial-misconduct section-2255 Question not identified.
25-5575 Kevin Don Foster v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2025-09-08 Denied IFP certificate-of-appealability circuit-court-split federal-appeals habeas-corpus judicial-review state-prisoner Whether the Courts of Appeal may dismiss an appeal by a state prisoner on habeas review when a circuit judge votes to grant a certificate of appealabi…
25-5551 Ronald Buzzard, Jr. v. Jack Warner, Superintendent, Monroe Correctional Complex Ninth Circuit 2025-09-04 Denied Response WaivedIFP appellate-review certificate-of-appealability due-process judicial-discretion ninth-circuit procedural-exhaustion 1. Did the Ninth Circuit err and abuse their discretion in failing to grant a Certificate of Appealability (CoA) based on the fact that the Washington…
25A261 William Housman v. David W. Sunday, Jr., Attorney General of Pennsylvania Third Circuit 2025-09-04 Presumed Complete certificate-of-appealability criminal-procedure federal-review habeas-corpus state-conviction third-circuit Question not identified.
25-5490 Travis Broeker v. United States Eighth Circuit 2025-08-28 Denied Response WaivedIFP certificate-of-appealability circuit-split constitutional-review criminal-procedure drug-liability judicial-review Broeker s case set precedent in the 8th Circuit that undermines "Burrage " presuming any drug deal that precedes a< death causes it and putting the bu…
25A187 Simon Hessler v. United States Second Circuit 2025-08-15 Presumed Complete actual-innocence certificate-of-appealability extraordinary-circumstances federal-habeas habeas-corpus statute-of-limitations Whether reasonable jurists could debate whether the circumstances present in this case present an extraordinary circumstances sufficient to extend the…
25A178 Michael Rene Garrett v. United States Eleventh Circuit 2025-08-12 Presumed Complete certificate-of-appealability constitutional-claims habeas-corpus post-judgment-motions pro-se-litigation section-2255 Question not identified.
25-5317 Stephen Corey Bryant v. Joel Anderson, Acting Director, South Carolina Department of Corrections, et al. Fourth Circuit 2025-08-11 Denied IFP certificate-of-appealability habeas-corpus ineffective-assistance martinez-rule post-conviction-counsel procedural-default When a district court dismisses a federal habeas petition, a circuit court must issue a certificate of appealability for any claim in the petition who…
25-109 Hong Thu Nguyen v. Chris McBee, Warden, et al. Eighth Circuit 2025-07-29 Denied arson certificate-of-appealability due-process habeas-corpus ineffective-assistance insurance-fraud Hong Thu Nguyen was charged with arson at two of her places of business. Over objection, the state presented financial evidence that after other busin…
25A122 Muhamed Pathe Bah v. United States Fifth Circuit 2025-07-29 Presumed Complete 28-usc-2255 appellate-review certificate-of-appealability district-court federal-prisoner habeas-corpus Question not identified.
25-5235 Carlton Vose v. Peter F. Neronha, Attorney General of Rhode Island First Circuit 2025-07-29 Denied Response WaivedIFP appellate-procedure certificate-of-appealability constitutional-rights federal-review habeas-corpus state-law 1. Whether the First Circuit Court of Appeals erred when they concluded that the State of Rhode Island supreme court's retroactive application of a ne…
25A117 Matthew Jones v. Dave Yost, Attorney General of Ohio Sixth Circuit 2025-07-28 Presumed Complete appellate-jurisdiction certificate-of-appealability federal-review habeas-corpus judicial-procedure sixth-circuit Question not identified.
25-5174 James Bradley Hammond v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2025-07-22 Denied IFP actual-innocence certificate-of-appealability district-court federal-review habeas-corpus time-limitation WHTHER THE COURT OF APPEALS SHOULD HAVE ISSUED AND/OR GRANTED A CERTIFICATE OF APPEALABILITY (C0A) FROM THE DISTRICT COURT'S DETERMINATION THAT THE …
25A79 Kevin J. Koelemij v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2025-07-21 Presumed Complete certificate-of-appealability eleventh-circuit federal-courts habeas-corpus procedural-due-process state-prisoner Question not identified.
25A80 Dimitry Kuperschmidt v. Jeff Angradi, Chief Probation Officer, et al. Third Circuit 2025-07-21 Presumed Complete certificate-of-appealability constitutional-right due-process ineffective-assistance sixth-amendment strickland-standard Question not identified.
25-5120 Muzammil Ali v. United States Eighth Circuit 2025-07-16 Denied Response WaivedIFP appellate-procedure certificate-of-appealability eighth-circuit habeas-corpus judicial-review procedural-error 1) Was The Eighth Circuit Court of Appeals in error when it denied the Petitioner a Certificate of Appealability?
25A58 Shawn Edward Shaffer v. James Hill, Warden Ninth Circuit 2025-07-15 Presumed Complete certificate-of-appealability due-process habeas-corpus ineffective-assistance ninth-circuit state-conviction Question not identified.
25A30 Humberto Andres Maldonado v. Eric Guerrero, Director, Texas Department of Criminal Justice Fifth Circuit 2025-07-08 Application certificate-of-appealability federal-district-court habeas-corpus procedural-bar statute-of-limitations sua-sponte Question not identified.
25-10 Rodney Dale Harmon v. Dexter Payne, Director, Arkansas Division of Correction Eighth Circuit 2025-07-02 Denied Response Waived certificate-of-appealability civil-criminal-context fourth-amendment habeas-corpus ineffective-counsel search-and-seizure Whether the District Court or the Court of Appeals this Court's Fourth Amendment jurisprudence, even criminal context.
25-5021 Dajavan Speaks v. United States Third Circuit 2025-07-02 Denied Response WaivedIFP certificate-of-appealability constitutional-challenge gun-possession nonviolent-offense second-amendment self-defense 1) Is § 922(g)(1) unconstitutional as applied to an individual when he was a victim of a drive by shooting and has been convicted of a non-violent pre…
24-1316 Wendy Downs v. Jeff Macomber, Secretary, California Department of Corrections and Rehabilitation, et al. Ninth Circuit 2025-06-26 Denied aedpa certificate-of-appealability constitutional-rights habeas-corpus procedural-grounds statute-of-limitations 1. Was the Ninth Circuit too demanding under 28 U.S.C. § 2253(c) in assessing the district court's disposition of the habeas petition? (a) Whether re…
24-7499 Rodney Mesquias v. United States Fifth Circuit 2025-06-25 Denied Response WaivedIFP certificate-of-appealability counsel-preparation ineffective-assistance judicial-standard post-conviction trial-continuance Did the lower courts err in applying the standard for determining whether a certificate of appealability should issue in a post-conviction proceeding,…
24-7477 Arnold Wayne McCartney v. Jonathan Frame, Superintendent, Mount Olive Correctional Complex Fourth Circuit 2025-06-23 Denied Response WaivedIFP bifurcated-trial certificate-of-appealability counsel ineffective-assistance mercy-phase structural-error Did the Court of Appeals err in denying the Petitioner a certificate of appealability on his constitutional claim related to structural error and/or …
24A1273 Claudia C. Hoerig v. Shannon Olds, Warden Sixth Circuit 2025-06-23 Presumed Complete aedpa certificate-of-appealability constitutional-right habeas-corpus procedural-default state-court Question not identified.
24-7454 William Demont White, Jr. v. Lisa Stenseth, Warden Eighth Circuit 2025-06-18 Denied Response WaivedIFP 28-usc-2253 certificate-of-appealability federal-court habeas-corpus procedural-grounds reasonable-jurists 1. In deciding whether to issue a certificate of appealability under 28 U.S.C. § 2253, may a federal court find that "reasonable jurists would not dis…
24-7449 Marco Antonio Casillas v. Janan Cavagnolo, Acting Warden Ninth Circuit 2025-06-17 Denied Response WaivedIFP certificate-of-appealability due-process habeas-corpus ninth-circuit statutory-interpretation supreme-court-precedent 1. Whether the Ninth Circuit's practice of adjudicating the ultimate merits of a habeas petition at the COA stage, often on prejudice grounds, violate…
24-7401 Alvaro Quezada v. James Hill, Warden Ninth Circuit 2025-06-11 Denied IFP brady-violation certificate-of-appealability habeas-corpus ineffective-assistance napue-claim state-court-review Did the Ninth Circuit's summary denial of a COA here so clearly misapply Glossip's mandate regarding Napue and Buck's modest standard for granting a C…
24-7394 Edwin D. Calligan v. United States Seventh Circuit 2025-06-10 Denied Response WaivedIFP certificate-of-appealability fourteenth-amendment ineffective-assistance judicial-disqualification procedural-grounds sixth-amendment 1. ) Whether jurists of reason would find it debatable that a Certificate of Appealability ("COA") should have been issued under Slack v. McDaniel , …
24-7338 Justin Panus v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2025-05-30 Denied IFP aedpa-review certificate-of-appealability habeas-corpus procedural-default state-court-findings substantive-claims 1. Whether Petitioner was entitled to a Certificate of Appealability on the grounds that the lower court failed to conduct an "Unreasonable Determinat…
24-1211 Kristen Elizabeth Wagner v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2025-05-28 Denied Response Waived certificate-of-appealability eleventh-circuit habeas-corpus judicial-review procedural-due-process standard-of-review Whether the Eleventh Circuit's denial of Petitioner's motion for certificate of appealability based on a single judge's assessment of the likelihood t…
24-7295 Riley Dyson Biro v. Chadwick Dotson, Director, Virginia Department of Corrections Fourth Circuit 2025-05-28 Denied Response WaivedIFP certificate-of-appealability constitutional-rights district-court habeas-corpus procedural-bar state-court-rule 1. Did the Court of Appeals err by denying a certificate of appealability under 28 U.S.C. 2253 in a case seeking to appeal a district court's order de…
24A1144 Robert S. Pierce v. Demetric Godfrey, et al. Ninth Circuit 2025-05-27 Presumed Complete certificate-of-appealability constitutional-claim district-court-discretion habeas-corpus rule-60(b) section-2254 Question not identified.
24-7283 James Rubio v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2025-05-23 Denied IFP certificate-of-appealability civil-rights due-process fifth-circuit habeas-corpus procedural-default If reasonable jurists from {-this Court 'Jackson v. Indiana '- -the Fifth Circuit 'Benham v. Edwards '- -Texas Federal Courts 'Reynolds v Neill, Hitt …
24-7211 Jeffrey Spivack v. United States Eleventh Circuit 2025-05-15 Denied Response WaivedRelisted (2)IFP appellate-procedure certificate-of-appealability court-of-appeals federal-rules-criminal-procedure motion-to-dismiss notice-of-appeal The Eleventh Circuit has misapprehended the scope and fundamental nature of Petitioner's appeal: Petitioner filed an appeal contesting the district co…
24-7212 Dequarn Markeyth Bell v. Lisa Stenseth, Warden Eighth Circuit 2025-05-15 Denied Response WaivedIFP 28-usc-2253 certificate-of-appealability federal-court habeas-corpus reasonable-jurists statutory-interpretation 1. In deciding whether to issue a certificate of appealability under 28 U.S.C. § 2253, may a federal court find that "reasonable jurists would not dis…
24-7163 Jose Nieves Briones v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2025-05-08 Denied IFP certificate-of-appealability constitutional-claim due-diligence habeas-corpus supreme-court-jurisdiction time-bar QUESTION No. 1: DOES THE UNITED STATES SUPREME COURT HAVE JURISDICTION TO REVIEW THE DENIAL OF A CERTIFICATE OF APPEALABILITY BY A COURT OF APPEALS …
24-1111 Damon Peterson v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2025-04-28 Denied certificate-of-appealability eighth-amendment fourteenth-amendment juvenile-offender life-sentence parole-commission 1) Whether a Certificate of Appealability should have issued because reasonable jurists would find debatable or wrong the district court's conclusion …
24-7083 Raul Otero Cazares v. Jason Johnson, Director, Division of Adult Parole Operations, California Department of Corrections and Rehabilitation Ninth Circuit 2025-04-28 Denied Response WaivedIFP certificate-of-appealability constitutional-precedent criminal-procedure de-novo-review habeas-corpus ineffective-assistance Petitioner Raul Otero Cazares was convicted of the rape of his long-time domestic partner ("Doe") in a trial where they told very different stories re…
24-7084 Jeffrey Glenn Hutchinson v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2025-04-28 Denied IFP aedpa-deadline attorney-negligence certificate-of-appealability eleventh-circuit habeas-corpus judicial-review 1. Did the Eleventh Circuit invert the certificate of appealability standard by basing its denial on disagreements with other reasonable jurists? 2. …
24A1038 Dominique Ashley Childs v. Virginia Fourth Circuit 2025-04-28 Presumed Complete 28-usc-2254 certificate-of-appealability constitutional-right district-court-review habeas-corpus procedural-grounds Question not identified.
24A1035 Huy Trong Tran v. Brian Cates, Warden Ninth Circuit 2025-04-25 Presumed Complete certificate-of-appealability civil-rights conditions-of-confinement educational-access habeas-corpus section-2254 Question not identified.
24-1105 Alan Kushner v. Dave W. Sunday, Jr., Attorney General of Pennsylvania, et al. Third Circuit 2025-04-24 Denied appellate-procedure certificate-of-appealability habeas-corpus judicial-review procedural-default third-circuit Whether the Third Circuit Court of Appeals erroneously denied the petitioner's application for a Certificate of Appealability?
24-7058 Todd Cannady v. United States Ninth Circuit 2025-04-23 Denied Response WaivedIFP certificate-of-appealability due-process fifth-amendment habeas-corpus sentencing-guidelines sixth-amendment Was the Petitioner's Fifth Amendment Due Process rights violated when the Ninth Circuit denied his Certificate of Appealability petition for a procedu…
24-7036 Jose Padilla-Galarza v. United States First Circuit 2025-04-21 Denied Response WaivedIFP brady-violation certificate-of-appealability due-process ineffective-assistance prosecutorial-misconduct strickland-standard 1. Whether the denial of a Certificate of Appealability (COA) by the First Circuit conflicts with Slack v. McDaniel, 529 U.S. 473 (2000), where petiti…
24-7037 Marlon Edgardo Siguenza v. Fidencio N. Guzman, Warden Ninth Circuit 2025-04-21 Denied Response WaivedIFP certificate-of-appealability constitutional-claim habeas-corpus ineffective-assistance judicial-review post-traumatic-stress-disorder In this noncapital habeas case, Marlon Siguenza alleges that his trial attorney was constitutionally ineffective for failing to investigate and presen…
24-7010 Kenneth Hartley v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2025-04-16 Denied IFP certificate-of-appealability constitutional-claims eleventh-circuit federal-procedure habeas-corpus judicial-review 1. Whether the Eleventh Circuit Court of Appeals ' pro forma, nonindividualized, blanket denial of a certificate of appealability ( COA) complies with…
24-7000 Avery B. Crawford v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2025-04-15 Denied IFP certificate-of-appealability confrontation-clause due-process fifth-circuit habeas-corpus self-representation Whether the Fifth Circuit failed or abandoned it's Constitutional duty to review Mr. Crawford's Certificate of Appea ;ability (COA) process, because h…
24-6954 John Stephen Routt v. Michael Miller, Warden Tenth Circuit 2025-04-10 Denied IFP actual-innocence certificate-of-appealability evidentiary-hearing habeas-corpus jurisdictional-challenge pro-se-petition (1) Did the Court of appeals err in denying a certificate of appealability by merging Title 28 U.S.C. §§ 2254 (d)(1) and (2) with 28 U.S.C. § 2253 (c)…
24-6956 Jimmy Dale Stone v. David Louthan, Warden Tenth Circuit 2025-04-10 Denied IFP certificate-of-appealability due-process habeas-corpus post-conviction-relief statute-of-limitations tenth-circuit 1) Did the Tenth Circuit Court of Appeals violate 28 U.S.C. § 2254 and the Due Process Clause by denying Jimmy Dale Stone's petition for a COA and fin…
24-6967 Robert Lee Crider v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2025-04-10 Denied IFP certificate-of-appealability constitutional-claims ex-post-facto felony-conviction habitual-criminal subject-matter-jurisdiction Question # 1: When Crider showed the district court that his 1990 convictions were not defined as authorized elements of the instant offense within th…
24-6914 Joanthony Johnson v. Michael Shewmaker, Warden Eighth Circuit 2025-04-01 Denied Response WaivedIFP certificate-of-appealability federal-review habeas-corpus procedural-default state-court-procedure statutory-interpretation Whether a reasonable jurist could debate whether 28 U.S.C. §2254(d) is applicable to a case in which the state court rejected the petitioner's claim o…
24-6888 Russell Wayne Driver v. United States Fifth Circuit 2025-03-31 Denied Response WaivedIFP certificate-of-appealability constitutional-error fifth-circuit habeas-corpus ineffective-assistance sentencing-claim Whether the Fifth Circuit's denial of a certificate of appealability, where the district court erred or alternatively abused its discretion by denying…
24-6896 In Re Nicholas Lee Blair 2025-03-31 Denied Response WaivedIFP 28-usc-2255 actual-innocence certificate-of-appealability circuit-precedent habeas-corpus rule-60b 1. What is the proper statutory definition of the terms "lascivious exhibition", "engaging in", and "sexually explicit", as written in 18 U.S.C. § 22…
24-1034 Ulysses Charles Sneed v. Terry Raybon, Warden Eleventh Circuit 2025-03-28 Denied certificate-of-appealability circuit-split habeas-corpus ineffective-assistance merits-review sixth-amendment Did the court of appeals err in denying petitioner's application for a COA as to his constitutional habeas claims where (i) a circuit judge found that…
24-6876 Ishmael Anthony Peters v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2025-03-27 Denied Response WaivedIFP certificate-of-appealability constitutional-claim federal-review habeas-corpus ineffective-assistance strickland-standard 1. Whether the court of appeals improperly denied the Petitioner a certificate of appealability under 28 U.S.C. § 2253(c) on his claim that the state …
24-1023 Violet Love Ray v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2025-03-25 Denied Response Waived certificate-of-appealability constitutional-right federal-petition habeas-corpus post-conviction-relief state-court Whether a certificate of appealability should issue under 28 U.S.C. § 2253(c) where one or more judges in the state-court habeas proceedings has deter…
24-6843 Albert J. Townsend v. Jerry Spatny, Warden Sixth Circuit 2025-03-25 Denied IFP certificate-of-appealability constitutional-right federal-statute habeas-corpus judicial-review procedural-due-process I. WHETHER PETITIONER SUFFICIENTLY DEMONSTRATED THE SUBSTANTIAL DENIAL OF A CONSTITUTIONAL RIGHT TO REQUIRE THE ISSUANCE OF A CERTIFICATE OF APPEALABI…
24-6853 Brett A. Sinkevitch v. Jamie Miller, Superintendent, Snake River Correctional Institution Ninth Circuit 2025-03-25 Denied IFP certificate-of-appealability constitutional-right habeas-corpus ineffective-assistance insufficient-evidence ninth-circuit Did the Ninth Circuit err in denying a COA where a substantial showing of the denial of a constitutional right was demonstrated because reasonable jur…
24-6815 Tanner Lance King v. United States Fifth Circuit 2025-03-20 Denied Response WaivedIFP §2255-claim appellate-review certificate-of-appealability constitutional-error ineffective-assistance plea-negotiation Whether the Fifth Circuit's denial of a certificate of appealability, where the district court erred or alternatively abused its discretion by denying…
24A892 Edward Thomas James v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2025-03-18 Denied capital-punishment certificate-of-appealability circuit-split habeas-corpus stay-of-execution successive-petition Question not identified.
24-6776 Edward Thomas James v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2025-03-17 Denied IFP 28-usc-2254 certificate-of-appealability evidentiary-hearing habeas-corpus mental-incapacity procedural-timeliness Under the threshold certificate of appealability standard, could reasonable jurists debate whether an evidentiary hearing should have been granted to …
24A858 Tiante Dion Scott v. Jason Schultz, Acting Warden Ninth Circuit 2025-03-07 Presumed Complete certificate-of-appealability constitutional-right federal-review habeas-corpus ninth-circuit post-conviction Question not identified.
24-939 Kendall Streb v. United States Eighth Circuit 2025-03-03 Denied Response Waived certificate-of-appealability habeas-corpus ineffective-assistance plea-bargaining reasonable-jurists sentencing-guidelines The "reasonable jurists" test was created only as a threshold to discourage frivolous habeas appeals. It was never intended as a sky-reaching wall o…
24-6681 Sharif El-Battouty v. United States Third Circuit 2025-02-28 Denied Response WaivedIFP certificate-of-appealability district-court-discretion evidentiary-rulings indictment-sufficiency special-interrogatories venue-determination Question i D,d H\e Court' of Appeals -err in not issuing. a certificate cP appeal a bill ly Iyy not reviewing District Court's decision to not Speda\ …
24-6683 Ferrell Walker v. United States Eleventh Circuit 2025-02-28 Denied Response WaivedIFP appellate-procedure certificate-of-appealability clisby-rule constitutional-rights eleventh-circuit habeas-corpus 1. Whether the Eleventh Circuit Court of Appeals in the determination of the Issuance of a Certificate of Appealability follows their own Circuit Prec…
24A836 Cedric Allen Ricks v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2025-02-28 Presumed Complete capital-case certificate-of-appealability federal-habeas-corpus fifth-amendment fourteenth-amendment sixth-amendment Question not identified.
24-6661 Corey Dequan Broome v. James R. Scheibner, Warden Sixth Circuit 2025-02-27 Denied Response WaivedIFP certificate-of-appealability certiorari judicial-precedent sixth-circuit statutory-interpretation vacate-and-remand WHETHER THE SIXIH CIRCUIT'S DENIAL OF PETITIONER'S MOTION FOR CERTIFICATE OF APPEALABILITY REFLECTS A DEVIATION FOR THE DIRECTIVE SET FORTH BY THE C…
24-6635 Jory Leedy v. United States Sixth Circuit 2025-02-25 Denied Response WaivedIFP certificate-of-appealability circuit-split due-process habeas-corpus plea-voluntariness speedy-trial-clause 1) Does the Sixth Circuit's holding in Ramos v. Rogers, 170 F.3d 560 (6th Cir.1999) making a plea unasailable "so long as the judge follows the proper…
24-6643 Mark Douglas Huber v. Randy Valley, Warden Ninth Circuit 2025-02-25 Denied Response WaivedIFP certificate-of-appealability confrontation-clause constitutional-rights due-process habeas-corpus ineffective-counsel Whether the Court of Appeals egregiously misapplied this Court's standard for issuing a certificate of appealability in the face of a substantial show…
24-6579 Tony Barksdale v. Steve T. Marshall, Attorney General of Alabama, et al. Eleventh Circuit 2025-02-18 Denied Relisted (2)IFP aedpa-deference certificate-of-appealability effective-assistance habeas-corpus judicial-review state-proceeding 1. Does a brief written by the prosecution in a State habeas proceeding, and then rubber-stamped by State judges, qualify as a judgment entitled to de…
24-6576 Simaron D. Hill v. Todd Ishee Fourth Circuit 2025-02-14 Denied IFP 5th-amendment certificate-of-appealability constitutional-rights due-process procedural-ruling slack-standard In the Uis Court 9 F appeals For the YW circuth ecide an ih pockant fed eral question in q way that contlids with Slack me Danie (2000) Fn Slack v. M…
24-6549 Jesse Guardado v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2025-02-12 Denied IFP certificate-of-appealability eleventh-circuit ineffective-assistance jury-selection martinez-rule strickland-standard 1. Whether the Eleventh Circuit's truncated no-prejudice analysis on Petitioner's claim that counsel was ineffective during jury selection violated th…
24-6538 Andrew E. Hoffman v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2025-02-11 Denied Response WaivedIFP appellate-review certificate-of-appealability due-process evidentiary-hearing habeas-corpus ineffective-assistance 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 w…
24A775 Micah Brown v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2025-02-11 Presumed Complete certificate-of-appealability constitutional-rights death-row federal-review habeas-corpus section-2254 Question not identified.
24-6525 Richard Stephens Terry v. United States Eleventh Circuit 2025-02-10 Denied Response WaivedIFP certificate-of-appealability circuit-conflict criminal-procedure federal-law statutory-interpretation substantial-step 1. Did the Eleventh Circuit err in denying a certificate of appealability when its appeals court made such decision off of the Circuit's wrongful eval…
24A770 Violet Love Ray v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2025-02-07 Presumed Complete appellate-review certificate-of-appealability constitutional-rights habeas-corpus ineffective-assistance judicial-standard Whether a certificate of appealability ("COA") required by 28 U.S.C. § 2253(c) may be denied following a division among state appellate judges on the …
24-6491 Nawaz Ahmed v. Tim Shoop, Warden Sixth Circuit 2025-02-06 Denied IFP asset-freezing certificate-of-appealability due-process hybrid-representation right-to-counsel sixth-amendment Has the Sixth Amendment right to the assistance of counsel been met when a trial court freezes and takes control of the Defendant's assets, appoints c…
24-6478 Michael Stapleton v. United States Eleventh Circuit 2025-02-05 Denied Response WaivedIFP certificate-of-appealability constitutional-rights due-process ineffective-assistance-of-counsel rule-60b-motion section-2255 1) Where the District Court denied Movant's 2255 petition on procedural grounds, did the Court of Appeals violate Movant's rights to Due Process and t…
24-831 Eddie Lee Evans v. James Hill, Warden Ninth Circuit 2025-02-05 Denied Response Waived certificate-of-appealability due-process fifth-amendment fourteenth-amendment murder-charge supreme-court-precedent Did a 17 year unjustified delay in filing a murder charge violate petitioner's due process rights under the Fifth and Fourteenth Amendments andthe cle…
24A757 Brett A. Sinkevitch v. Jamie Miller, Superintendent, Snake River Correctional Institution Ninth Circuit 2025-02-04 Presumed Complete 28-usc-2254 certificate-of-appealability custodial-status federal-review habeas-corpus ninth-circuit Question not identified.
24-816 Phillip Joshua Yellin v. United States Ninth Circuit 2025-01-31 Denied Response Waived actual-innocence certificate-of-appealability credibility-determination habeas-corpus judicial-review ninth-circuit In Miller-El1, this Court held of the relatively low level of showing necessary from a habeas Petitioner like Phillip J. Yellin to be entitled to a …
24-6360 Maximo DiazLeal-DiazLeal v. Ronald Haynes, Superintendent, Airway Heights Corrections Center Ninth Circuit 2025-01-22 Denied Response WaivedIFP appellate-review certificate-of-appealability civil-procedure due-process habeas-corpus ninth-circuit Whether The District Court's Pro-Forma And Blanket Denial of A COA Order Adopting The Magistrate's Report and Recommendation (R & R) Manifestly Erred …
24-6346 Daniel Moore v. Misty Mackey, Acting Warden Sixth Circuit 2025-01-21 Denied Response WaivedIFP certificate-of-appealability constitutional-rights federal-law habeas-corpus sixth-circuit state-court Question No. I Where the Petitioner-Appellant's case presented a substantial showing of a denial of a constitutional right, and where the issues prese…
24-6322 Todd Erling Becker v. United States Eleventh Circuit 2025-01-16 Denied Response WaivedIFP certificate-of-appealability constitutional-rights criminal-procedure eleventh-circuit habeas-corpus ineffective-assistance 1. Did the Eleventh Circuit apply the correct certificate of appealability standard in denying Petitioner's 28 U.S.C. § 2255 claims? 2. Is Petitioner…
24-6329 George Ivory v. United States Sixth Circuit 2025-01-16 Denied Response WaivedIFP certificate-of-appealability government-misconduct habeas-corpus ineffective-assistance-of-counsel plea-negotiations rule-15 While pursuing habeas relief on an ineffective-assistance-of-counsel theory, George Ivory learned that the Government materially misrepresented the st…
24A694 Jonathon William-Durand Neuhard v. United States Sixth Circuit 2025-01-15 Presumed Complete certificate-of-appealability child-pornography habeas-corpus ineffective-assistance sentencing-mitigation sixth-circuit Question not identified.
24-6297 Donald Sherman v. Jeremy Bean, Warden, et al. Ninth Circuit 2025-01-14 Denied IFP certificate-of-appealability discovery-rights due-process factual-findings ninth-circuit state-appellate-courts 1. Did the Ninth Circuit err in failing to address Sherman's argument that the state appellate courts factual findings made without notice, an opportu…
24-6229 Terrell Jason Armstrong v. United States Eighth Circuit 2025-01-02 Denied Response WaivedIFP certificate-of-appealability constitutional-claims district-court eighth-circuit evidentiary-hearing ineffective-assistance 1. Whether the district court erred in summarily denying an evidentiary hearing on claims that trial counsel was constitutionally ineffective for fa…
24A704 Ashley Parnell v. Tamika White Tenth Circuit 2025-01-01 Presumed Complete certificate-of-appealability federal-review habeas-corpus post-conviction section-2254 tenth-circuit Question not identified.
24A642 William White, Jr. v. Chadwick Dotson, Director, Virginia Department of Corrections Fourth Circuit 2024-12-30 Presumed Complete certificate-of-appealability habeas-corpus prison-mail pro-se supreme-court-rule time-extension Question not identified.
24-686 Dustin Young v. John R. Swaney, Sheriff, Madison County, Ohio, et al. Sixth Circuit 2024-12-27 Denied Response Waived certificate-of-appealability circuit-precedent constitutional-rights federal-appeals habeas-corpus statutory-interpretation Whether a certificate of appealability may be granted under 28 U.S.C. § 2253(c) when the issue that the petitioner wishes to present on appeal has bee…
24-6199 Leon Paul Kavis, Jr. v. United States Ninth Circuit 2024-12-26 Denied Response WaivedIFP appeal-consultation certificate-of-appealability constitutional-duty flores-ortega ineffective-assistance trial-counsel Could reasonable jurists debate that trial counsel's duty to consult with a defendant on whether to file an appeal pursuant Rose v. Flores-Ortega, 528…
24-6182 Daniel O. Conahan, Jr. v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2024-12-20 Denied IFP capital-defendant certificate-of-appealability circuit-split due-process habeas-corpus procedural-review 1) There is a circuit split among the courts of appeal in the procedures a court applies when reviewing applications for a certificate of appealabilit…
24-6162 Gregory A. Tolliver v. Ashley Moody, Attorney General of Florida, et al. Eleventh Circuit 2024-12-17 Denied Response WaivedIFP appellate-review certificate-of-appealability circuit-court federal-rules-of-appellate-procedure judicial-discretion procedural-motion Whether a single circuit court judge may deny a motion for certificate of appealability under Fed. R. App. P. 27 (c)?
24-6145 Jermaine Jamaica Campbell, Sr. v. William Gittere, Warden, et al. Ninth Circuit 2024-12-16 Denied IFP certificate-of-appealability habeas-corpus ineffective-assistance ninth-circuit-standard procedural-default sentencing-error The question presented is whether the Ninth Circuit Court of Appeals misapplied the standard governing the grant of a certificate of appealability for…
24-6147 Mohamed Osman Mohamud v. United States Ninth Circuit 2024-12-16 Denied Response WaivedIFP certificate-of-appealability due-process habeas-corpus ineffective-assistance-of-counsel judicial-bias sting-operation Petitioner, Mohamed Osman Mohamud, was convicted of Attempted Use of a Weapon of Mass Destruction, 18 U.S.C. § 2332a(a)(2)(A), arising from a governme…
24A571 Belinda Jones v. Jeremy Howard, Warden Sixth Circuit 2024-12-11 Presumed Complete certificate-of-appealability federal-review habeas-corpus judicial-procedure pro-se-petition state-court-judgment Question not identified.
24-6091 Pedro Pablo Fuentes v. Steven Harpe, Director, Oklahoma Department of Corrections Tenth Circuit 2024-12-09 Denied IFP certificate-of-appealability fourth-amendment habeas-corpus judicial-review reasonable-suspicion traffic-stop 1). Why has The United State Court of Appeal For the Tenth Circuit entered a decision so far departed from the accepted and usual courts of judicial p…
24-594 Arthur Seale v. United States Third Circuit 2024-12-03 Denied appellate-jurisdiction certificate-of-appealability criminal-judgment post-conviction-relief resentencing section-2255 Can 28 U.S.C. § 2253(c) bar courts of appeals from exercising jurisdiction over cases like Dr. Seale's?
24-6033 Frederico Bruno v. Administrator, New Jersey State Prison, et al. Third Circuit 2024-11-26 Denied IFP appellate-procedure certificate-of-appealability district-court evidentiary-hearing judicial-review third-circuit 1. Whether the District Court and the Third Circuit Court of Appeals erred in refusing to issue a certificate of appealability and granting an evident…
24A513 Tony Barksdale v. Steve T. Marshall, Attorney General of Alabama, et al. Eleventh Circuit 2024-11-26 Presumed Complete capital-murder certificate-of-appealability death-sentence eleventh-circuit federal-review habeas-corpus Question not identified.
24A488 Paul A. Brown v. Tom McGinley, Superintendent, State Correctional Institution at Coal Township, et al. Third Circuit 2024-11-15 Presumed Complete certificate-of-appealability circuit-court habeas-corpus ineffective-assistance pro-se-petition section-2254 Question not identified.
24A464 Daniel O. Conahan, Jr. v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2024-11-08 Presumed Complete brady-violation certificate-of-appealability eighth-amendment fourteenth-amendment ineffective-assistance sixth-amendment Question not identified.
24-5857 Dimas Deleon Rios v. United States Fifth Circuit 2024-10-30 Denied Response WaivedIFP appellate-review certificate-of-appealability judicial-explanation meaningful-review petitioner-rights procedural-due-process Does an appellate court have an obligation to provide sufficient explanation for denying a certificate of appealability to enable a petitioner to seek…
24-5834 Geovani Hernandez v. United States Fifth Circuit 2024-10-28 Denied Response WaivedRelisted (2)IFP aiding-and-abetting appellate-review certificate-of-appealability circuit-conflict criminal-law federal-procedure 1. COA Standard. The COA inquiry requires courts to, among other things, conduct a general assessment of a defendant's claims. In his COA Brief to the…
24-5837 Ruben Aguilera v. United States Fifth Circuit 2024-10-28 Denied Response RequestedResponse WaivedRelisted (2)IFP appellate-review armed-career-criminal-act certificate-of-appealability criminal-procedure jury-determination section-2255 [1] May a petitioner in his initial § 2255 stage who has preserved the claim that a jury must decide the "occasions" clause of the Armed Career Crimin…
24-5824 Oscar Alvarado v. Ken Hollibaugh, Superintendent, State Correctional Institution at Somerset, et al. Third Circuit 2024-10-25 Denied IFP certificate-of-appealability confrontation-clause harmless-error ineffective-counsel rule-60b1 sixth-amendment DID THE COURT OF APPEALS COMMIT LEGAL ERROR IN DENYING PETITIONER'S CERTIFICATE OF APPEALABILITY STATING THAT NO JURIST OF REASON WOULD NOT DEBATE THE…
24-460 Corey Miller v. Tim Hooper, Warden Fifth Circuit 2024-10-23 Denied Response Waived buck-v-davis certificate-of-appealability court-of-appeals life-without-parole racial-prejudice supervisory-power Whether the Court of Appeals' repeated misapplication of the standard for issuing a certificate of appealability warrants another exercise of this Cou…
24A344 Jermaine Jamaica Campbell, Jr. v. William Gittere, Warden, et al. Ninth Circuit 2024-10-11 Presumed Complete certificate-of-appealability drug-trafficking ineffective-assistance jury-finding sentencing-enhancement sixth-amendment Question not identified.
24A326 James Franklin Snyder v. Glenn Armstrong, Warden, et al. Ninth Circuit 2024-10-03 Presumed Complete appealability certificate-of-appealability constitutional-right habeas-corpus procedural-ruling slack-standard Question not identified.
24A327 James Franklin Snyder v. Al Ramirez, et al. Ninth Circuit 2024-10-03 Presumed Complete certificate-of-appealability constitutional-claim district-court habeas-corpus procedural-ruling slack-standard Question not identified.
24A314 Robert Darrel Batson v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2024-10-02 Presumed Complete certificate-of-appealability constitutional-claims fourth-amendment habeas-corpus ineffective-assistance state-court-review Question not identified.
24-5619 Francisco Tineo-Santos v. Lynn Lilley, Superintendent, Eastern Correctional Facility Second Circuit 2024-09-24 Denied Response WaivedRelisted (2)IFP certificate-of-appealability civil-procedure fourteenth-amendment habeas-corpus pro-se rule-60-motion Whether The DENIAL of a Pro Se Application for a Certificate of Appealability ("COA ") with the United States Court of Appeals, Circuit Courts, In R…
24-5572 Ramon Lopez-Alvarado v. United States Eleventh Circuit 2024-09-19 Denied Response WaivedIFP appellate-review certificate-of-appealability constitutional-claims due-process ineffective-assistance sixth-amendment Did the Eleventh Circuit Court of Appeals err in denying Petitioner's Motion for Certificate of Appeal- ability where claims show that jurists of reas…
24-5568 Steven Gantt v. United States Third Circuit 2024-09-18 Denied Response WaivedIFP attorney-dismissal certificate-of-appealability habeas-corpus judicial-jurisdiction rule-60b section-2255 1.) Whether attorney's decision to dismiss §2255 motion without prisoner's consent would provide valid grounds for Rule 60(b) relief? 2.) Whether the…
24-5528 Terrace Tyrone Perkins, Sr. v. Nicholas Lamb, Warden Eighth Circuit 2024-09-12 Denied Response WaivedIFP batson-challenge certificate-of-appealability constitutional-rights eighth-circuit impartial-jury pretrial-identification (1)Whether acircuit court candeny acertificate ofappealability when theApplicant has made asubstantial showing ofthedenial ofimportant constitutional …
24A241 John Dwayne Garvin v. Levern Cohen, Warden Fourth Circuit 2024-09-06 Presumed Complete certificate-of-appealability constitutional-challenge declaratory-judgment due-process grand-jury habeas-corpus Does a South Carolina Supreme Court's Decision Declining to Entertain a Complaint for a Declaratory Judgment to Determine the Legality and Constitutio…
24-218 Damon Balar Cook v. Patrick Covello, Warden Ninth Circuit 2024-08-28 Denied Relisted (2) appellate-review certificate-of-appealability district-court-judgment due-process insufficiency-of-evidence rule-60(b)(4) 1. Whether the petitioner Damon Cook was prejudicially denied an opportunity to be heard on his insufficiency of the evidence of force claim in violat…
24A217 Tyron Felder v. United States Second Circuit 2024-08-28 Presumed Complete certificate-of-appealability constitutional-right federal-appeal habeas-corpus post-conviction pro-se Question not identified.
24-5385 Marc Anthony Colon v. Nethanjah Breitenbach, Warden, et al. Ninth Circuit 2024-08-23 Denied Response WaivedIFP certificate-of-appealability due-process ineffective-assistance ninth-circuit trial-counsel witness-preparation Did the Ninth Circuit Court of Appeals err in denying a Certificate of Appealability ( "COA ") consistent with the standards set by 28 U.S.C. § 2253(c…
24A190 Chad D. Begay v. Ryan Thornell, Director, Arizona Department of Corrections, et al. Ninth Circuit 2024-08-21 Presumed Complete certificate-of-appealability constitutional-review federal-habeas habeas-corpus ninth-circuit procedural-default Question not identified.
24-5308 Charles Grover Brant v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2024-08-13 Denied IFP capital-case certificate-of-appealability collateral-review habeas-corpus ineffective-assistance-of-counsel strickland-standard 1. Whether a federal circuit court is patently wrong in denying a Certificate of Appealability in a capital case where a state habeas petitioner ident…
24-5311 Kurnicus Hayes v. Arnold Patrick Fifth Circuit 2024-08-13 Denied IFP aedpa-limitation certificate-of-appealability federal-review habeas-corpus procedural-default state-custody 1. Whether Mr. Hayes ' 2254 petition satisfies the 2 prong requirement established in Slack v. McDaniel for COA to issue on a petition that has been …
24-5318 Norberto Serna v. O’Brian Bailey, Warden, et al. Ninth Circuit 2024-08-13 Denied Response WaivedIFP appellate-procedure certificate-of-appealability constitutional-rights due-process judicial-standard miranda-warning 1. Whether the Court of Appeal imposed a certificate of appealability standard in conflict with Slack v. McDaniel, 529 U.S. 473, 484 (2000); Miller-El…
24A162 Reuben McDowell v. Melissa Hainsworth, Superintendent, State Correctional Institution at Laurel Highlands, et al. Third Circuit 2024-08-09 Presumed Complete certificate-of-appealability habeas-corpus pro-se-petition procedural-notice stone-v-powell third-circuit Question not identified.
24A139 Kenneth Brown v. Robert Adams, Jr., Warden Sixth Circuit 2024-08-07 Presumed Complete certificate-of-appealability habeas-corpus medical-extension pro-se-petition sixth-circuit time-limitation Question not identified.
24A134 Dimas Deleon Rios v. United States Fifth Circuit 2024-08-06 Presumed Complete certificate-of-appealability district-court federal-prisoner habeas-corpus post-conviction-relief section-2255 Question not identified.
24A118 Ty-Ron Steven Anderson v. Chris King, Warden Sixth Circuit 2024-07-31 Presumed Complete administrative-remedies certificate-of-appealability habeas-corpus ineffective-assistance legal-property pro-se Question not identified.
24-5168 Edward Nicholas Reeder v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2024-07-30 Denied IFP certificate-of-appealability court-order final-order habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-procedure motion-disposition motion-to-withdraw-plea plea-withdrawal trial-counsel voluntary-dismissal 1. Was trial counsel ineffective for failing to object and request that the lower court to address the disposition of Reeder's motion to withdraw plea…
24-5153 Jonathan Godwin v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2024-07-26 Denied Response WaivedIFP appeals certificate-of-appealability civil-procedure-rule-60(b) constitutional-rights eleventh-circuit final-order habeas-corpus habeas-petition procedural-ruling rule-60b standards-of-review timeliness 1. Whether Petitioner's Rule 60(b) Motion for Relief from judgment filed within a year of the denial of his Habeas Petition timely? 2. Whether the Co…
24-5155 Bradley W. Berry v. Donnie Bordelon, Warden Fifth Circuit 2024-07-26 Denied IFP certificate-of-appealability civil-procedure constitutional-amendment federal-case-law federal-court-of-appeals griffith-v-kentucky judicial-review retroactivity state-constitution 1. Whether the decision by the federal court of appeals is correct as applied to the Petitioner regarding a certificate of appealability. 2. Does the…
24-5127 Lamar Z. Brooks v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2024-07-23 Denied Response WaivedIFP 28-usc-2253c certificate-of-appealability certificate-of-appealability-coa constitutional-review eleventh-circuit federal-court-litigation federal-habeas habeas-corpus miller-el-v-cockrell slack-v-mcdaniel 1. Whether the Eleventh Circuit Court of Appeals' pro forma, nonindividualized, blanket denial of a certificate of appealability (COA) complies with t…
24-5024 Timothy John Miers v. United States Eleventh Circuit 2024-07-10 Denied Response WaivedIFP certificate-of-appealability constitutional-interpretation double-jeopardy eleventh-circuit fifth-amendment miller-el-v-cockrell sentencing sentencing-authority separation-of-powers I. Whether the Eleventh Circuit Court of Appeals has so far departed from established Federal Law [28 U.S.C, 2253(c)(2)] and the legal standards set o…
24A26 William Hudson v. James T. Vaughn, Warden, et al. Third Circuit 2024-07-10 Presumed Complete certificate-of-appealability due-process federal-rules habeas-corpus ineffective-assistance supreme-court-rules Question not identified.
23-1364 Troy Kendrick, Jr. v. United States Fifth Circuit 2024-07-02 Denied Response Waived buck-v-davis certificate-of-appealability court-of-appeals habeas-corpus judicial-review legal-standard procedural-review standard-of-review supervisory-power Whether the Court of Appeals' repeated misapplication of the standard for issuing a certificate of appealability warrants another exercise of this Cou…
23A1177 Andrew Fields v. New York Department of Corrections and Community Supervision Second Circuit 2024-07-02 Presumed Complete certificate-of-appealability constitutional-rights in-forma-pauperis judicial-review motion-to-vacate pro-se Question not identified.
23A1164 Charles Grover Brant v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2024-06-27 Presumed Complete certificate-of-appealability death-penalty eleventh-circuit first-degree-murder habeas-corpus post-conviction Question not identified.
23-7816 In Re William H. Wright, Jr. 2024-06-27 Denied Response WaivedRelisted (2)IFP appellate-procedure certificate-of-appealability civil-procedure constitutional-provisions due-process emergency-motion jurisdiction jurisdictional-review petition-for-review standing In the cost of appeal erred for failure to grant Wright's emergency motion for certificate of appealability for. Because lack of jurisdiction
23-7806 Arthur Seale v. United States Third Circuit 2024-06-26 Denied Response RequestedResponse WaivedRelisted (2)IFP 28-usc-2253 28-usc-2255 certificate-of-appealability district-court-remedy federal-prisoner-appeal postconviction-relief 1. Whether a federal prisoner is required to obtain a certificate of appealability under 28 U.S.C. § 2253(c) to appeal a district court's choice of re…
23-7782 Jake Paul Heiney v. Heidi E. Washington Sixth Circuit 2024-06-24 Denied Response WaivedIFP brady-violations certificate-of-appealability confrontation-clause cross-examination-limitations expert-witness habeas-corpus ineffective-assistance-of-counsel sufficiency-of-evidence 1. To convict, the statute required the medical provider to be engaging in "sexual contact " which was "medically recognized as unethical or unaccepta…
23-1329 Francisco De Aragon v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2024-06-20 Denied Response Waived aedpa certificate-of-appealability habeas ineffective-assistance-of-counsel sixth-amendment strickland-v-washington This case arises from a habeas petition brought under 28 U.S.C. § 2254 alleging ineffective assistance of counsel in violation of the Sixth Amendment …
23-7701 Robin Jones v. Angela Reaves, Warden, et al. Georgia 2024-06-12 Denied Relisted (2)IFP appeal certificate-of-appealability certiorari civil-rights court-procedure due-process habeas-corpus ineffective-assistance-of-counsel jurisdiction legal-review petition supreme-court 1. The methods of on et GLAS apd. cee nck erolvcked Yoyo Skche Court BS geview, dhaul&' o Fedecrs counk obderss TneSeckwe Assishonct & "Taiok Counsel …
23A1106 Lamar Z. Brooks v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2024-06-11 Presumed Complete certificate-of-appealability death-penalty eleventh-circuit habeas-corpus hurst-v-florida section-2254 Question not identified.
23-1287 Ian Brenner v. Randy Irwin, Superintendent, State Correctional Institution at Forest, et al. Third Circuit 2024-06-10 Denied Response Waived certificate-of-appealability civil-procedure confrontation-clause consent due-process ineffective-assistance jurisdiction magistrate magistrate-jurisdiction standing strickland-standard surrogate-expert a. Whether denial of a Certificate of Appealability is proper when the magistrate judge who entered judgment lacked jurisdiction because the Petitione…
23-7649 Rodolfo Ortiz v. United States Eleventh Circuit 2024-06-05 Denied Response WaivedIFP 28-usc-2255 certificate-of-appealability circuit-precedent constitutional-vagueness habeas-corpus harmless-error johnson-precedent johnson-v-united-states procedural-default section-2255 vagueness-challenge 1. Whether reasonable jurists could debate whether controlling circuit precedent precludes issuance of a certificate of appealability in a 28 U.S.C. §…
23-7620 Donald Kie, Jr. v. Garrett, Warden Ninth Circuit 2024-06-03 Denied IFP certificate-of-appealability criminal-conviction due-process fair-trial ineffective-assistance ineffective-assistance-of-counsel ninth-circuit plea-bargaining sixth-amendment sufficiency-of-evidence sufficient-evidence Did the Ninth Circuit Court of Appeals err in denying a Certificate of Appealability ( "COA") consistent with the standards set by 28 U.S.C. § 2253(c)…
23-1258 Royce Wade Lander v. United States Fifth Circuit 2024-05-31 Denied Response Waived 28-usc-2255 appellate-procedure certificate-of-appealability due-process fifth-circuit habeas-corpus jurists-of-reason motion-to-vacate standard-of-review threshold-showing This Court has held a certificate of appealability ("COA") should issue where the petitioner has made a threshold showing that jurists of reason could…
23-1255 Dephne Nguyen Wright v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division, et al. Fifth Circuit 2024-05-30 Denied certificate-of-appealability federal-habeas fourth-amendment habeas-corpus harmless-error ineffective-assistance-of-counsel probable-cause search-warrant L Whether the U.S. Court of Appeals for the Fifth Circuit and district court applied too demanding of a standard governing issuance of a certificate o…
23-7590 Jamie Mills v. John Q. Hamm, Commissioner, Alabama Department of Corrections Eleventh Circuit 2024-05-29 Denied IFP brady-violation capital-punishment certificate-of-appealability due-process false-testimony habeas-corpus miller-el-standard plea-agreement prosecutorial-misconduct rule-60-motion (1) Where two judges on the lower court panel found that "no reasonable jurist could conclude that the district court abused its discretion" in denyin…
23-7558 Marcus Jones v. United States Eighth Circuit 2024-05-24 Denied Response WaivedIFP appellate-procedure certificate-of-appealability constitutional-rights district-court-ruling judicial-review merits-denial merits-determination procedural-denial reasonable-jurists Whether, under this Court's holdings, in Miller-El v. Cockrell , 537 U.S. 322 (2008), and Buck v. Davis, 580 U.S. 100 (2017), it is inadequate for a C…
23A1054 Rory Cook v. Mark Williams, Warden Seventh Circuit 2024-05-24 Presumed Complete appellate-procedure certificate-of-appealability constitutional-claim federal-review habeas-corpus section-2254 Question not identified.
23-7524 Antoinne Lee Washington, aka Antionne Lee Washington v. United States Eighth Circuit 2024-05-22 Denied Response WaivedIFP certificate-of-appealability constitutional-rights due-process eighth-circuit habeas-corpus standing DID THE PANEL OF THE EIGHTH CIRCUIT ERR BY DECIDING THE MERIT OF AN APPEAL NOT PROPERLY BEFORE THE COURT TO JUSTIFY THE DENIAL OF A CERTIFICATE OF APP…
23-7530 Deandre Lenier Neal-Hill v. United States Eighth Circuit 2024-05-22 Denied Response WaivedIFP appeals certificate-of-appealability civil-rights constitutional-right due-process federal-courts habeas-corpus meaningful-review merits-denial procedural-denial reasonable-jurists standing Whether, under this Court's holdings, in Miller-El v. Cockrell , 537 U.S. 322 (2008), and Buck v. Davis, 580 U.S. 100 (2017), it is inadequate for a C…
23-7535 Deqwon Saquod Lewis v. United States Fifth Circuit 2024-05-22 Denied Response WaivedIFP 10th-amendment certificate-of-appealability constitutional-vagueness due-process federal-enforcement overbreadth procedural-default tenth-amendment vagueness Whether A COA Should Issue Because Jurists Of Reason Could Debate Or Agree That Congress Could Did Not Authorize Federal Enforcement Of § 1591 To Pure…
23-7470 Christopher L. Takhvar v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2024-05-15 Denied Response WaivedRelisted (2)IFP certificate-of-appealability civil-rights constitutional-law criminal-procedure due-process edwards-v-arizona ex-post-facto fundamental-rights habeas-corpus retroactive-criminalization slack-v-mcdaniel 1A He appeal of the duial fa 28 e224 Pebtion t>/ Raeary ee lo "MMer-El v Cockrell 37 VS 322" the US PRES Guei * 9 "case Govern He vance of aX Ca Oe Go…
23-7467 Joseph Thomas Saari v. Kris Rish, Warden Eighth Circuit 2024-05-14 Denied Response WaivedIFP aedpa certificate-of-appealability constitutional-error first-amendment mootness retroactivity right-to-jury-trial sixth-amendment Did the panel of the Eighth Circuit err by deciding the merit of an appeal not properly before the court to justify the denial of a certificate of app…
23-7427 Alton Pelichet v. Fredeane Artis, Warden Sixth Circuit 2024-05-09 Denied Response WaivedIFP certificate-of-appealability due-process equal-protection fair-trial fourteenth-amendment sixth-amendment Whether this Honorable Court should grant Petitioner's Petition for a Writ of Certiorari, where Petitioner has demonstrated that his rights to a fair …
23-7437 Overille Denton Thompson, Jr. v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2024-05-09 Denied IFP appellate-process certificate-of-appealability due-process federal-procedure fifth-circuit habeas-corpus judicial-discretion legal-precedent procedural-review sanctions standard-of-review Whether the Fifth Circuit utterly failed or abandoned its duty to engage in the GOA process with respect to four remaining COA issues: Issues One, Two…
23-7424 Manuel Sepulveda v. Laurel Harry, Secretary, Pennsylvania Department of Corrections, et al. Third Circuit 2024-05-08 Denied Response WaivedIFP appellate-review brady-violation certificate-of-appealability due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-instructions 1. Should this Court resolve a split among the courts of appeals and decide whether an unreasoned blanket denial of a certificate of appealability tha…
23-7397 Diamond L. Barnes v. Felicia Adkins, Warden Seventh Circuit 2024-05-07 Denied Response WaivedRelisted (2)IFP 2nd-amendment certificate-of-appealability civil-procedure concealed-carry constitutional-right due-process federal-rules-of-appellate-procedure procedural-rule second-amendment standing subject-matter-jurisdiction I. A procedural § 2244 one(l)-year statute-of-limitation(s) ruling (Doc.l)(Doc. 1875) (Doc. 1893) governed by Federal Rule 36 of Appellate Procedure …
23-1196 Christopher Ryan Martin v. Tom Lawson, Chief, Nevada Division of Parole and Probation, et al. Ninth Circuit 2024-05-07 Denied apprendi certificate-of-appealability constitutional-claim habeas-corpus jones judicial-enhancement jury-trial ninth-circuit prior-conviction prior-convictions I. Whether Petitioner is entitled to a Certificate of Appealability (COA) from the Court of Appeals for the Ninth Circuit by his showing that reaso…
23-7308 Marvin Holmes v. Mark Miller, Superintendent, Green Haven Correctional Facility Second Circuit 2024-04-25 Denied Response WaivedIFP certificate-of-appealability constitutional-rights court-of-appeals district-court due-process federal-law habeas-corpus 1. Did the Court of Appeals violate Appellant's Constitutional right to Due Process by not issuing a Certificate of Appealability? 2. Did the Distric…
23A945 Clarence Mack v. Margaret Bradshaw, Warden Sixth Circuit 2024-04-22 Presumed Complete capital-case certificate-of-appealability constitutional-claims death-sentence habeas-corpus sixth-circuit Question not identified.
23-7268 Pikerson Mentor v. United States Eleventh Circuit 2024-04-19 Denied Response WaivedIFP certificate-of-appealability circuit-split constitutional-claim criminal-procedure due-process johnson-v-united-states procedural-default statutory-interpretation vagueness vagueness-challenge I. Whether Mr. Mentor established cause sufficient to overcome the procedural default of his "ordinary-case" vagueness challenge to his convictions un…
23A934 Damien Ford v. Dexter Payne, Director, Arkansas Department of Correction Eighth Circuit 2024-04-17 Presumed Complete certificate-of-appealability habeas-corpus indigent-status procedural-error successive-petition supreme-court-rules Question not identified.
23-7238 Richard Lee Devito v. United States Sixth Circuit 2024-04-16 Denied Response WaivedIFP certificate-of-appealability circuit-court duty-to-investigate habeas-corpus ineffective-assistance-of-counsel miller-el miller-el-standard panel-rehearing sixth-amendment sixth-circuit-law strickland strickland-ineffective-assistance Did the Circuit Court, initially composed of one judge, err by exceeding the "threshold inquiry" as prescribed by this Court in Miller-El? Did the Ci…
23-7141 Keith Martin Molineaux v. Donnie Ames, Superintendent, Mount Olive Correctional Complex Fourth Circuit 2024-04-04 Denied Response WaivedIFP 28-usc-2253 brady-material certificate-of-appealability confession-fabrication false-confession habeas-corpus miller-el-standard miller-el-v-cockrell Under Miller-El v. Cockrell 537 U.S. 322 (2003), should the Petitioner's novel claim that his confession was fabricated be encouraged to proceed furth…
23-7128 Harvey Windsor v. Steven T. Marshall, Attorney General of Alabama, et al. Eleventh Circuit 2024-04-02 Denied IFP accomplice-liability capital-murder certificate-of-appealability death-penalty discovery-limitation habeas-corpus head-injury ineffective-assistance ineffective-assistance-of-counsel postconviction-relief Whether, when both the state trial court and the federal district court agree that a habeas petitioner has pleaded a claim that, if true, would warran…
23-7062 Clark D. Thomas v. McKendley Newton, Warden, et al. Fourth Circuit 2024-03-22 Denied Response WaivedIFP actual-innocence certificate-of-appealability discovery-and-counsel-denial double-jeopardy due-process equitable-tolling fourteenth-amendment habeas-corpus ineffective-assistance-of-counsel sixth-amendment Whether the Fourth Circuit erred in denying a certificate of appealability on Petitioner's claims that: A) The district court violated Petitioner's D…
23-6942 Paulino Granda v. United States Eleventh Circuit 2024-03-08 Denied Response WaivedIFP certificate-of-appealability constitutional-rights criminal-procedure due-process habeas-corpus johnson-precedent johnson-v-united-states mandatory-life-sentence mandatory-minimum predicate-conviction sentencing statutory-interpretation Whether a Petitioner demonstrates that he has made "a substantial showing of the denial of a constitutional right " warranting the issuance of a certi…
23-6915 Raynaldo Ray Quiroga v. United States Eleventh Circuit 2024-03-07 Denied Response WaivedIFP actual-innocence certificate-of-appealability constitutional-violation criminal-procedure habeas-corpus ineffective-assistance ineffective-assistance-of-counsel miscarriage-of-justice In Bousiew v. United u.s. WA ty%> i)$ Sxt iuom , mo ued £dJea8(i<WX4his murt held -Hw "Actual Innocence^ Is more -Bw a mere legal insufficiency., 11- …
23-6924 Leonard Farrell Willis v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2024-03-07 Denied IFP actual-innocence certificate-of-appealability exhaustion-doctrine habeas habeas-corpus limitation-period mcquiggin-v-perkins procedural-bars procedural-default sentencing-error QUESTION No. 1: Does &U£.ederal habeas petitioner's claim of actual innocence of a non-capital sentence exception operate, in the wake of McQuiggin v.…
23-6889 Richard Wayne Barton v. United States Fifth Circuit 2024-03-05 Denied Response WaivedIFP appeals bureau-of-prisons certificate-of-appealability civil-rights due-process equal-protection habeas-corpus obstruction-of-justice record-on-appeal Whether the Bureau of Prisons' failure and refusal to tender to Barton his Record on Appeal, provided by the Fifth Circuit to enable Barton to prepare…
23A818 Pikerson Mentor v. United States Eleventh Circuit 2024-03-05 Presumed Complete certificate-of-appealability collateral-review davis-decision retroactive-application section-2255 successive-motion Question not identified.
23-6868 David Wayne Nelson v. Jim Salmonsen, et al. Ninth Circuit 2024-02-29 Denied Response WaivedIFP certificate-of-appealability due-process equal-protection evidentiary-hearing habeas-corpus judicial-procedure prosecutorial-misconduct Did the U.S. court of appeals err when it denied a Certificate of Appealability and/or remand to the district court to allow the petitioner (Nelson) t…
23-6848 Stewart Smith v. Laurel Harry, Superintendent, State Correctional Institution at Camp Hill, et al. Third Circuit 2024-02-28 Denied Relisted (2)IFP bias certificate-of-appealability constitutional-rights due-process habeas-corpus habeas-relief ineffective-assistance-of-counsel partial-pcra-jurist pro-se procedural-default prosecutorial-misconduct WAS PETITIONER'S GUILTY VERDICT OBTAINED AND SUSTAINED IN VIOLATION OF DUE PROCESS, PROSECUTORIAL MISCONDUCT, INEFFECTIVE ASSISTANCE OF COUNSEL, BIAS,…
23-6853 William Marcellus Campbell v. United States Eighth Circuit 2024-02-28 Denied Response WaivedIFP appellate-procedure certificate-of-appealability constitutional-rights due-process habeas-corpus judicial-review merits-determination procedural-denial standard-of-review Whether, under this Court's holdings, in Miller-El v. Cockrell, 537 U.S. 322 (2008), and Buck v. Davis, 580 U.S. 100 (2017), it is inadequate for a Co…
23-6856 Stephen Aguiar v. United States Second Circuit 2024-02-28 Denied Response WaivedIFP certificate-of-appealability civil-rights conflict-of-interest due-process fraud-on-court government-fraud habeas habeas-corpus ineffective-assistance rule-60b sixth-amendment 1. IF I WERE DONALD TRUMP WOULD THIS COURT GRANT REVIEW OF THIS CASE TO DECIDE WHETHER THE SECOND CIRCUIT WRONGLY DENIED A COA IN THIS CASE GIVEN THAT…
23-6823 Troy Raynard Alexander v. United States Fourth Circuit 2024-02-26 Denied Response WaivedRelisted (2)IFP certificate-of-appealability constitutional-rights criminal-procedure due-process fifth-amendment guilty-plea rehaif-standard rehaif-v-united-states sixth-amendment QUESTON NUMBER ONE; Whether the lower court abused their discretion by denying Mr. Alexander a C.O.A. as it is debatable amongst of jurists of reason …
23-897 Cidney Bowdean Ingram v. Fredeane Artis, Warden Sixth Circuit 2024-02-21 Denied Response Waived certificate-of-appealability due-process duty-to-retreat home-invasion ineffective-assistance-of-counsel jury-instructions porch-as-part-of-home I. A CERTIFICATE OF APPEALABILITY (COA) SHOULD BE ISSUED WHERE THE DISTRICT COURT DECIDED THAT TRIAL COUNSEL'S FAILURE TO REQUEST A JURY INSTRUCTION T…
23-888 Alfredo Felipe Rasco v. United States Eleventh Circuit 2024-02-16 Denied Response Waived certificate-of-appealability criminal-procedure deportation-consequences guilty-plea guilty-plea-withdrawal ineffective-assistance ineffective-assistance-of-counsel padilla-precedent padilla-v-kentucky rule-11 rule-11-violation Whether the Eleventh Circuit's decision to deny my C.O.A. and the district court's denial of my motion to withdraw my guilty plea contravenes this Cou…
23A756 Harvey Windsor v. Steven T. Marshall, Attorney General of Alabama, et al. Eleventh Circuit 2024-02-16 Presumed Complete capital-case certificate-of-appealability constitutional-challenges death-penalty eleventh-circuit habeas-corpus Question not identified.
23-6752 Patrick W. Wharen, Sr. v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2024-02-14 Denied Response WaivedIFP 28-usc-2253 certificate-of-appealability constitutional-claims eleventh-circuit federal-law jurisdictional-prerequisites miller-v-cockrell slack-v-mcdaniel supreme-court-precedent WHETHER ELEVENTH CIRCUIT COURT OF APPEALS MISAPPLIED FEDERAL LAW WHEN DECIDING MERITS OF FEDERAL CONSTITUTIONAL CLAIMS WITHOUT GRANTING CERTIFICATE OF…
23-6735 Fuhai Li v. United States Third Circuit 2024-02-13 Denied Response WaivedIFP actual-innocence certificate-of-appealability change-in-law conflict-of-interest fraudulent-conduct ineffective-assistance ineffective-assistance-of-counsel mandate-recall new-evidence 1. Should the Court of appeals recall its mandate denying Petitioner's application for a certificate of appealability (COA) when Petitioner has demons…
23-6721 Jerry Scott Heidler v. Shawn Emmons, Warden Eleventh Circuit 2024-02-12 Denied IFP actual-conflict-of-interest certificate-of-appealability eleventh-circuit habeas habeas-corpus martinez-v-ryan mental-competency mental-incompetence procedural-dismissal trial-counsel Whether the Eleventh Circuit imposed an erroneously high standard when it denied a COA to address any or all of the above claims and, if so, whether t…
23-6713 Tai A. Pham v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2024-02-09 Denied Response WaivedIFP buck-v-davis certificate-of-appealability due-process eleventh-circuit habeas-corpus ineffective-assistance ineffective-assistance-of-counsel miller-el-v-cockrell supreme-court-standards witness-impeachment Whether the Eleventh Circuit Court of Appeal's analysis of Tai A. Pham's application for a certificate of appealability conflicts with the relevant st…
23-6703 Christopher Collings v. David Vandergriff, Warden Eighth Circuit 2024-02-08 Denied IFP appeals capital-case capital-punishment certificate-of-appealability civil-procedure due-process eighth-circuit exhaustion-doctrine habeas-corpus rhines-stay 1. Is a COA required to appeal a district court's denial of a motion for stay of the habeas proceedings made under Rhines v. Weber, 544 U.S. 269 (2005…
23-6619 Edward Lee Smith v. United States Eighth Circuit 2024-01-30 Denied Response WaivedIFP 28-usc-2255 career-offender certificate-of-appealability circuit-precedent guideline-commentary habeas-corpus ineffective-assistance ineffective-assistance-of-counsel section-2255 total-exhaustion-rule I. Whether the "total exhaustion rule" applies to Motions under 28 U.S.C. §2255; and if so, was the district court in error to rule Smith's §2255 as u…
23-6585 Arnulfo Fagot-Maximo v. United States Fourth Circuit 2024-01-26 Denied Response WaivedIFP appellate-review certificate-of-appealability criminal-procedure district-court due-process fourth-circuit government-vouching habeas-corpus witness-testimony I. Should a writ of certiorari be granted to since the Fourth Circuit Court of Appeals erred in not granting a Certificate of Appealability II. Shoul…
23-805 Christopher Paul George v. United States Ninth Circuit 2024-01-25 Denied Response Waived buck-v-davis certificate-of-appealability due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel miller-el-v-cockrell ninth-circuit supreme-court-precedent Did the Ninth Circuit ignore the process re-emphasized by this Court in Buck v. Davis and MillerEl, by refusing to issue Cristopher P. George a COA, t…
23-6545 Stephen Christopher Plunkett v. United States Fifth Circuit 2024-01-24 Denied Response WaivedIFP certificate-of-appealability circuit-split civil-rights due-process habeas-corpus ineffective-assistance judicial-recusal sentencing-guidelines sixth-amendment standing A. Did the United States Court of Appeals for the Fifth Circuit completely flout this Court's precedent as set forth in Buck v. Davis . 580 U.S. 100 …
23A660 Marcus Kelly v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2024-01-18 Presumed Complete certificate-of-appealability constitutional-rights federal-review habeas-corpus post-conviction section-2254 Question not identified.
23-6459 Alan Osterhoudt, Jr. v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2024-01-11 Denied Response WaivedIFP 28-usc-2253 5th-amendment certificate-of-appealability court-of-appeals criminal-procedure fifth-amendment law-enforcement-comment mistrial-motion self-incrimination 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 Fifth Ame…
23-6464 Michael Edward Aguilar v. Ryan Thornell, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. Ninth Circuit 2024-01-11 Denied Response WaivedIFP appellate-review certificate-of-appealability constitutional-interpretation criminal-appeal criminal-code due-process effective-assistance-of-counsel sixth-amendment state-law statutory-ambiguity timeliness Question not identified.
23A595 Clifford D. Jackson v. Neil McDowell, Warden Ninth Circuit 2023-12-28 Presumed Complete certificate-of-appealability civil-procedure constitutional-claim habeas-corpus rule-60b section-2254 Question not identified.
23A563 Stephen Aguiar v. United States Second Circuit 2023-12-18 Presumed Complete certificate-of-appealability habeas-corpus post-conviction pro-se rule-59e rule-60b Question not identified.
23-6224 Terry Daum v. Joseph Corey, Superintendent, Auburn Correctional Facility Second Circuit 2023-12-11 Denied Response WaivedIFP 28-usc-2244 appellate-procedure brady-v-maryland certificate-of-appealability clear-and-convincing-evidence federal-statute gatekeeping-standard habeas-corpus reasonable-probability sawyer-v-whitley He * i/-e pr& (oa b r it h y Lj //. f/)c,r-Lj hand 1 evidence"0<ZS re a. <S on a es fa hi is fed in for#. d, " dear and under cj°35 fan dar dt Confihc…
23-6227 Jose Antonio Cortez v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2023-12-11 Denied IFP certificate-of-appealability civil-rights due-process federal-rules-of-civil-procedure fourteenth-amendment habeas-corpus reasonable-time rule-60b6 sixth-amendment unanimous-jury-verdict Whether the court of appeals side-stepped the requirements of a Certificate of Appealability under Title 28 U.S.C., Section 2253(c)(2) when the court …
23-629 DeAndre Gordon v. Harold May, Warden Sixth Circuit 2023-12-11 Denied Amici (1)Response RequestedResponse WaivedRelisted (2) 28-usc-2253 appellate-procedure certificate-of-appealability circuit-court-split constitutional-rights habeas-corpus judicial-review standard-of-review Since a Certificate of Appealability must be granted when reasonable jurists could disagree on the resolution of a constitutional claim or conclude th…
23A514 David James Lack v. Matthew Rodriguez Ninth Circuit 2023-12-06 Presumed Complete certificate-of-appealability habeas-corpus jury-misconduct ninth-circuit post-conviction-relief pro-se Question not identified.
23-6156 David Joseph Meister v. Tyrell Davis, Warden Ninth Circuit 2023-12-04 Denied Response WaivedIFP certificate-of-appealability complete-defense constitutional-rights false-confession habeas-corpus ineffective-assistance ineffective-assistance-of-counsel right-to-present-defense substantial-showing-of-denial Whether the Court of Appeals egregiously misapplied this Court's standard for issuing a certificate of appealability in the face of a substantial show…
23-6147 Brett Alexander Jones v. Burl Cain, Commissioner, Mississippi Department of Corrections Fifth Circuit 2023-12-01 Denied Response WaivedIFP appellate-review certificate-of-appealability constitutional-rights district-court due-process federal-courts fifth-circuit habeas-corpus state-courts Whether the Fifth Circuit Court of Appeals is required to issue a COA if a state high court has found a substantial showing of a denial of a constitut…
23A499 Stephen Aguiar v. United States Second Circuit 2023-12-01 Presumed Complete appeal-dismissal certificate-of-appealability federal-prisoner mootness section-2255 supervised-release Question not identified.
23A477 Christopher Collings v. David Vandergriff, Warden Eighth Circuit 2023-11-28 Presumed Complete capital-case certificate-of-appealability eighth-circuit federal-review habeas-corpus procedural-default Question not identified.
23-6112 Derek Paul Smyer v. Bryan D. Phillips, Acting Warden Ninth Circuit 2023-11-28 Denied Response WaivedIFP administrative-law appellate-review certificate-of-appealability civil-procedure civil-rights due-process equal-protection habeas-corpus judicial-discretion ninth-circuit standing third-party-culpability I. WHETHER THE UNITED STATES NINTH CIRCUIT COURT OF APPEALS ERRED WHEN IT FAILED OR REFUSED TO ISSUE A CERTIFICATE OF APPEALABILITY (COA) ON ONE OR MO…
23-6117 Gordon Lagerstrom v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2023-11-28 Denied Response WaivedIFP appeals appellate-review certificate-of-appealability circuit-court civil-procedure federal-rules-of-appellate-procedure judicial-discretion procedural-motion standing Whether a single circuit court judge may deny a motion for certificate of appealability under Fed. R. App. P. 27 (c)?
23-6016 Malik Green v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2023-11-15 Denied IFP 28-usc-2253(c) certificate-of-appealability criminal-procedure ineffective-assistance ineffective-assistance-of-counsel interference-with-right-to-testify postconviction-relief prior-criminal-history 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…
23-505 Garrett A. Arrowood v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2023-11-14 Denied Response Waived appeals appellate-procedure certificate-of-appealability confrontation-clause crawford-violation criminal-procedure due-process evidence federal-law habeas-corpus hearsay-evidence I. WHETHER THE RECORD SUPPORTS THE COURT'S CONCLUSION THAT THE STATE COURT HEARING REGARDING THE INADMISSIBLE HEARSAY (CRAWFORD VIOLATION) DID NOT VIO…
23-508 Micah Sherif Matthews v. Chris Tripp, Warden Eighth Circuit 2023-11-14 Denied appellate-procedure certificate-of-appealability district-court due-process eighth-circuit ineffective-assistance ineffective-assistance-of-counsel judicial-review sixth-amendment Whether the United States District Court For the District of Iowa erred in denying Petitioner Matthews a Certificate of Appealability when it found th…
23-5998 Gilberto Arreola Chavez v. United States Eighth Circuit 2023-11-13 Denied Response WaivedIFP armed-career-criminal-act certificate-of-appealability civil-rights criminal-code dangerous-weapon due-process innocence sentencing-enhancement violent-felony weapons-statute 1) Dio-me coiviTiTaT| 0NjA| An1cj SHoujcJ debATE that pOfSOAMT 6o3.^i A KidEIGHTH c\rco\T demV thepET\T\ofNicr /\ Err uh^THE peTiiioiOcr OKi A COA 7…
23A410 Brent Ray Brewer v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2023-11-07 Denied certificate-of-appealability constitutional-claim death-penalty expert-testimony future-dangerousness habeas-corpus Question not identified.
23-5950 Kent Leroy Clark v. United States Third Circuit 2023-11-03 Denied IFP 28-usc-2253 28-usc-2255 appellate-procedure certificate-of-appealability constitutional-rights district-court-remedy federal-prisoner postconviction-relief 1. Whether a federal prisoner is required to obtain a certificate of appealability under 28 U.S.C. § 2253(c) to appeal a district court's choice of re…
23-5913 Julio Rolon v. United States Eleventh Circuit 2023-10-30 Denied Response WaivedRelisted (2)IFP 28-usc-2255 certificate-of-appealability circuit-precedent circuit-split constitutional-vagueness habeas-corpus johnson-precedent johnson-v-united-states procedural-default vagueness-challenge 1. Whether reasonable jurists could debate whether controlling circuit precedent precludes issuance of a certificate of appealability in a 28 U.S.C. §…
23A389 Guillermo Borboa aka Omar Gabriel Borboa v. United States Eighth Circuit 2023-10-30 Presumed Complete appellate-review certificate-of-appealability eighth-circuit federal-prisoner habeas-corpus post-conviction Question not identified.
23-5899 Rande Brian Isabella v. United States Tenth Circuit 2023-10-27 Denied Response WaivedRelisted (2)IFP certificate-of-appealability constitutional-error double-jeopardy fifth-amendment lesser-included-offense manifest-constitutional-error sanabria-rule sanabria-v-united-states trial-termination After the Government Concedes To Actual Innocence With Jeopardy Attached, and The District Court Terminates Jeopardy In the Substantive Offense Over D…
23-5836 Siddhanth Sharma v. Eddie M. Buffaloe, Jr., Secretary, North Carolina Department of Public Safety, et al. Fourth Circuit 2023-10-18 Denied Response WaivedIFP certificate-of-appealability constitutional-claim constitutional-rights factual-innocence legal-innocence mcquiggin-v-perkins procedural-bar procedural-default sandstrom-claim slack-v-mcdaniel 1.) To be issued a COA : Does the claim of Factual Innocence qualify as a debatable claim for the denial of a Constitutional Right as enunciated in Sl…
23-5808 Rodney Jennings v. Shawn Phillips, Warden Sixth Circuit 2023-10-17 Denied Response WaivedRelisted (2)IFP appellate-review certificate-of-appealability doyle-rule doyle-v-ohio habeas-corpus ineffective-assistance-of-counsel jackson-standard jackson-v-virginia legal-sufficiency strickland-test strickland-v-washington Did the court of appeals err in denying a certificate of appealability and in evaluating petitioner's claim under Jackson v. Virginia, Doyle v. Ohio, …
23-5810 Christopher L. Laureano-Perez v. United States First Circuit 2023-10-17 Denied Response WaivedIFP appellate-procedure certificate-of-appealability constitutional-claim constitutional-rights due-process habeas-corpus ineffective-assistance-of-counsel ineffective-counsel jury-verdict procedural-error section-2255-motion 1. Should a writ of certiorari be granted to determine if the First Circuit of Appeals erred in not granting a certificate of appealability? 2. Shoul…
23-5818 Eduardo Martinez v. United States Seventh Circuit 2023-10-17 Denied Response WaivedIFP appeals appellate-review certificate-of-appealability civil-procedure court-of-appeals due-process entitlement-to-relief habeas-corpus legal-standard procedural-requirements (1). Whether a court of appeals can deny a Certificate of appealability because it believes the applicant will not demonstrate an entitlement to relie…
23-5768 Frank Nathan Escalante v. Jim Robertson, Warden Ninth Circuit 2023-10-12 Denied Response WaivedRelisted (2)IFP certificate-of-appealability civil-rights constitutional-claims criminal-procedure due-process federal-review habeas-corpus miscarriage-of-justice ninth-circuit procedural-rights standing 1. Was Petitioner's due Process Violated at any time through Judicial Proceedings? 2. Was Petitioner's Trial "fundamentally unfair"? 3. Has Petition…
23-5749 Mark Anthony Thompson v. United States Fifth Circuit 2023-10-11 Denied Response WaivedIFP certificate-of-appealability circuit-court-review criminal-law criminal-procedure due-process habeas-corpus selective-adjudication selective-prosecution standard-of-review statutory-interpretation supreme-court-precedent I. DOES THIS SUPREME COURT FINDS THE FIFTH CIRCUIT 'S SELECTIVE ADJUDICATION AND UNDERMINING THE LAW OF THIS COURT ACCEPTABLE WHEN IT AFFIRMED THE D…
23-5712 Gerald Vaughn Gwen v. Kris Mayes, Attorney General of Arizona, et al. Ninth Circuit 2023-10-04 Denied Relisted (3)IFP actual-innocence certificate-of-appealability constitutional-rights direct-review due-process evidentiary-hearing fair-trial habeas-corpus judicial-review procedural-fairness writ-of-appeal Question not identified.
23-5701 Dennis L. Walls, Sr. v. Chad Wakefield, Superintendent, State Correctional Institution at Smithfield, et al. Third Circuit 2023-10-03 Denied Response WaivedIFP certificate-of-appealability civil-rights due-process habeas-corpus standard-of-review third-circuit 1. Did the Third Circuit in denying Petitioner a COA (Appendix A) substantially deviate from this Court's established procedures in Miller-El v. Cockr…
23-5679 Joshua Stephenson v. Robert May, Warden, et al. Third Circuit 2023-10-02 Denied Relisted (2)IFP appellate-jurisdiction certificate-of-appealability civil-rights constitutional-interpretation court-discretion due-process federal-courts habeas-corpus judicial-review legal-procedure procedural-rights standing Question not identified.
23-5689 Philip Jones v. Charles Schuyler, Acting Warden Ninth Circuit 2023-10-02 Denied Response WaivedRelisted (2)IFP appellate-review certificate-of-appealability criminal-procedure habeas-corpus ineffective-assistance-of-counsel miller-el-v-cockrell ninth-circuit slack-v-mcdaniel Did the Ninth Circuit's refusal to issue a certificate of appealability for Jones's ineffective assistance of counsel claim conflict with this Court's…
23A288 DeAndre Gordon v. Harold May, Warden Sixth Circuit 2023-10-02 Presumed Complete certificate-of-appealability counsel-of-choice habeas-corpus ineffective-assistance-of-counsel joinder-of-cases sixth-amendment-right-to-counsel Question not identified.
23-321 Jerry J. Davis, Jr. v. United States Sixth Circuit 2023-09-27 Denied Response Waived certificate-of-appealability criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sixth-amendment strickland strickland-standard trial-counsel Whether the District Court and Sixth Circuit Erred When Both Found That Mr. Davis Was Not Entitled to the Issuance of a Certificate of Appealability f…
23-5637 Daniel Lee Reed v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2023-09-22 Denied IFP aedpa aedpa-standard certificate-of-appealability constitutional-challenge constitutional-rights fifth-circuit-review habeas-corpus rule-60(b) rule-60b successive-petition successive-petitions Question #1: Did the fifth Circuit err by denying a COA for failure to properly consider the F.R.C.P.60(b)(6)under the framework in which successive p…
23-5639 Damaso Rivera-Fonseca v. United States Eleventh Circuit 2023-09-22 Denied Response WaivedIFP certificate-of-appealability constitutional-challenge convicted-felon criminal-procedure felon-in-possession firearm-possession habeas-corpus ineffective-assistance rehaif-v-united-states strickland-standard In light of the facts of this case, was the defense counsel ineffective in light of this court's precedent in Strickland v. Washington, 466 U.S. 668 (…
23-5620 Margaret A. Allen v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2023-09-20 Denied IFP capital-punishment certificate-of-appealability constitutional-rights due-process evidence ineffective-assistance ineffective-assistance-of-counsel mitigation sixth-amendment strickland-v-washington 1. Whether the Eleventh Circuit flouted this Court's relevant decisions and precedent by declining to even grant a certificate of appealability regard…
23-234 Nicholas Crystal v. Calvin Johnson, Warden, et al. Ninth Circuit 2023-09-12 Denied Response Waived 28-usc-2253 certificate-of-appealability due-process habeas-corpus mental-competency mental-deficiency ninth-circuit post-conviction Did the Ninth Circuit, in a post-conviction appeal by a sentenced Nevada State prisoner, commit reversible error in its pro forma, non-reasoned blanke…
23A229 Richard Summerall v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2023-09-11 Presumed Complete access-to-courts appellate-procedure certificate-of-appealability habeas-corpus ineffective-assistance-of-counsel pro-se-prisoner Question not identified.
23-5522 Javier Guerra v. United States Fifth Circuit 2023-09-06 Denied Response WaivedIFP certificate-of-appealability criminal-procedure drug-quantities fifth-circuit ineffective-assistance ineffective-assistance-of-counsel sentence-enhancement sentencing-enhancement strickland-standard strickland-v-washington Given the case's specifics, was the defense counsel ineffective according to the Strickland v. Washington 466 U.S. 668 (1984) precedent when failing t…
23-5497 Malik Woods v. District Attorney of Philadelphia, Pennsylvania, et al. Third Circuit 2023-08-31 Denied Response WaivedIFP 28-usc-2253 certificate-of-appealability civil-procedure constitutional-rights due-process habeas-corpus procedural-review standing supreme-court-precedent third-circuit-court 1. Did the Third Circuit Court of Appeals run contrary to clearly established Supreme Court precedent in Miller-El v Cockerell, 537 US 322, (US 2003),…
23-5488 Dywane Tousant v. United States Ninth Circuit 2023-08-30 Denied Response WaivedIFP certificate-of-appealability constitutional-right constitutional-rights due-process habeas-corpus judicial-review motion-denial ninth-circuit standard-of-review substantial-showing Whether the Ninth Circuit Erred in Denying Tousant's Motion for Certificate of Appealability ("COA") Because He Has Made a Substantial Showing of the …
23-5438 Fox Joseph Salerno v. Ryan Thornell, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. Ninth Circuit 2023-08-24 Dismissed Relisted (2)IFP apprendi apprendi-rule blakely blakely-retroactivity certificate-of-appealability due-process jurisdiction retroactivity rule-of-finality rule-of-lenity sentencing sentencing-jurisdiction ONE Does Apprendi decision apply to Arizona Defendants on the date that the U.S. Supreme Court ruled on Apprendi (June 26, 2000), or on the date that…
23-5420 Bruce Wanzo, Jr. v. Christian Pfeiffer, Warden Ninth Circuit 2023-08-23 Denied Response WaivedIFP aedpa certificate-of-appealability due-process equitable-tolling fraud-on-the-court habeas-corpus ineffective-assistance-of-counsel ninth-circuit 1. Whether appointment of counsel on counsel in detracting from the intended issues raised in the Certificate of Appealability(misconstrued by the Nin…
23-5421 Brent Ray Brewer v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2023-08-23 Denied IFP capital-punishment certificate-of-appealability constitutional-claim future-dangerousness habeas-corpus ineffective-assistance ineffective-assistance-of-counsel state-court-review strickland-v-washington I. Where a state court and federal court deny a habeas claim on contradictory grounds, do their conflicting rulings suggest that "reasonable jurists w…
23-155 Isaac Luna Ashton v. Rick Whitten, Warden Tenth Circuit 2023-08-17 Denied aedpa certificate-of-appealability court-of-appeals district-court evidentiary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel tenth-circuit Whether the United States District Court For the Northern District of Oklahoma erred in denying Petitioner Ashton a Certificate of Appealability when …
23-5368 Larry Scott Reynolds v. Brian Eller, Warden Sixth Circuit 2023-08-16 Denied Response WaivedIFP appellate-procedure certificate-of-appealability civil-rights due-process federal-courts habeas-corpus judicial-review procedural-default sixth-circuit WHETHER THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT ERRED IN DENYING PETITIONER A COA?
23-5351 John P. Ramirez v. United States Fifth Circuit 2023-08-14 Denied Response WaivedIFP certificate-of-appealability citizen-united-v-fec due-process ineffective-assistance ineffective-assistance-of-counsel medicare-fraud post-conviction-relief section-2255 yee-v-escondido This case is one of more than a dozen Medicare fraud cases among varous circuits where physicians, like Dr. Ramirez, were convicted under multiple err…
23-5309 Jerome Stanley Carlos, Jr. v. United States Ninth Circuit 2023-08-09 Denied Response WaivedIFP appeals certificate-of-appealability circuit-court-review criminal-law criminal-statute due-process force-clause habeas-corpus sentencing sentencing-enhancement statutory-interpretation 1. By denying Petitioner's defacto motion to expand the Certificate of Appealability, did the Ninth Circuit Court of Appeals err in holding that 18 U.…
23-5280 Robert A. Griffin v. Stewart Eckert, Superintendent, Wende Correctional Facility Second Circuit 2023-08-04 Denied Response WaivedRelisted (2)IFP aedpa antiterrorism-and-effective-death-penalty-act certificate-of-appealability certificate-of-appealibility equitable-tolling extraordinary-circumstances government-misconduct habeas-corpus ineffective-assistance ineffective-assistance-of-counsel rule-60-motion 1) WHETHER MR. GRIFFIN IS ENTITLED TO A COA BECAUSE JURISTS OF REASON WOULD FIND THE DISTRICT COURT'S RULING ON MR. GRIFFIN'S FEDERAL RULE 60(b)(6) MO…
23-5285 Asmerom Gebreselassie v. Gigi Matteson, Warden Ninth Circuit 2023-08-04 Denied Response WaivedIFP certificate-of-appealability conflict-of-interest court-of-appeals docket-entry ninth-circuit procedural-history retained-counsel right-to-counsel sixth-amendment unreasonable-determination-of-fact 1. Did The Ninth Circuit Court Of Appeals Err In Failing To Grant A Certificate Of Appealability When It Denied Petitioner 's Motion For Certificate…
23-5248 Nikolas Gacho v. Tyrone Baker, Warden Seventh Circuit 2023-08-01 Denied Response WaivedIFP 28-usc-2254 6th-amendment certificate-of-appealability conflict-of-interest due-process evidentiary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-negotiations sixth-amendment 1) Should the 7Th Circuit Court of Appeals have issued a certificate of appe&libility to petitioner Nikolas Gacho where his ineffective assistance of …
23-5250 Jaleel Bertrand Franklin v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2023-08-01 Denied IFP certificate-of-appealability counsel-statements due-process jurist-standard legal-deference logical-fallacy presumption-of-correctness racial-composition racial-makeup-of-venire state-created-barrier venire-panel 1 (a) Whether counsel's statements are entitled to "double deference" or a presumption of correctness when such are premised entirely upon a logical…
23-5168 Isaac Silversmith v. United States Ninth Circuit 2023-07-21 Denied Response WaivedIFP 18-usc-924 8-usc-1 certificate-of-appealability crime-of-violence criminal-law federal-criminal-law ninth-circuit second-degree-murder statutory-interpretation violent-crime 1. By denying Petitioner's Petition For Certificate of Appealability, did the Ninth Circuit Court of Appeals err in holding that Second-degree Murder,…
23A59 Ken Ejimofor Ezeah v. United States Tenth Circuit 2023-07-21 Presumed Complete 28-usc-2255 anti-terrorism-act certificate-of-appealability ineffective-assistance-of-counsel rule-60b-motion successive-habeas-petition Question not identified.
23-5109 Carl Lindsey v. Charlotte Jenkins, Warden Sixth Circuit 2023-07-14 Denied Relisted (2)IFP brady-v-maryland brady-violation certificate-of-appealability circuit-split due-process habeas-corpus key-witness overwhelming-evidence post-judgment-amendment prosecutorial-misconduct testimonial-immunity witness-credibility I. Carl Lindsey was convicted of aggravated murder and sentenced to death based on the critical testimony of Kathy Kerr, the lone witness to testify t…
23-5089 Garland Bernell Harper v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2023-07-13 Denied IFP batson batson-challenge certificate-of-appealability equal-protection fifth-circuit habeas ineffective-assistance jury-selection peremptory-strike race-discrimination This case arises from the State's peremptory challenge to a Black juror which Mr. Harper challenged as purposefully discriminatory. At trial, the Bats…
23A24 Margaret A. Allen v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2023-07-12 Presumed Complete certificate-of-appealability death-penalty federal-review habeas-corpus postconviction-relief state-conviction Question not identified.
23-5 Breon Powell v. John Rivello, Superintendent, State Correctional Institution at Huntingdon, et al. Third Circuit 2023-07-03 Denied Response Waived 28-usc-2254 certificate-of-appealability court-closure covid-19 covid-19-pandemic due-process equitable-tolling habeas-corpus 1. Did Circuit Court of Appeals err and thereby abuse its discretion and commit error in denying due process to Appellant Powell when it denied a Cert…
23-5008 Michael Bien v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2023-06-30 Denied IFP certificate-of-appealability circuit-court covid-19-tolling district-court extraordinary-circumstances habeas-corpus hearing new-evidence rule-60(b) rule-60b Whether a United States District Court's ruling to deny a §2254 Certificate of Appealability should be vacated by the Circuit Court when Rule 60(b) ne…
23-5009 Joseph Ray Jordan v. United States Second Circuit 2023-06-30 Denied Response WaivedIFP appeals certificate-of-appealability claims-adjudication collins-v-miller habeas-corpus habeas-relief judicial-review jurisdictional-defect procedural-dismissal rule-60b section-2255 A. Is a judgment denying habeas (or Section 2255) relief final and complete "as to all causes of action," as required by Collins v. Miller, 252 U.S. …
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 {facts}, and the facts do not establish…
22-7799 Gregory Smith v. Patricia Thompson, Superintendent, State Correctional Institution at Albion, et al. Third Circuit 2023-06-15 Denied IFP appellate-review certificate-of-appealability constitutional-rights due-process habeas-corpus ineffective-assistance-of-counsel mental-disability mental-illness pro-se pro-se-defendant SHOULD A CERTIFICATE OF APPEALABILITY ISSUE TO DEBATE THE MATTER OF COUNSEL BEING APPOINTED TO AID A PRO SE DEFENDANT SUFFERING FROM RETARDATION AND M…
22-7744 Gregory Bartunek v. United States Eighth Circuit 2023-06-09 Denied Response WaivedIFP certificate-of-appealability confrontation-clause due-process habeas habeas-corpus ineffective-assistance-of-counsel sixth-amendment speedy-trial Did the Court of Appeals abuse its discretion, violationg Bartunek's due process rights, by failing to issue a Certificate of Appealability for consti…
22-7729 William J. Sears v. United States Tenth Circuit 2023-06-07 Denied Response WaivedIFP certificate-of-appealability criminal-procedure district-court due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-agreement section-2255 Did the Court of Appeals err when it denied my Motion for Certificate of Appealability? Did the District Court err when it denied my § 2255 petition …
22-7713 Javier Giovanni Araujo v. United States Fifth Circuit 2023-06-05 Denied Response WaivedIFP appellate-procedure certificate-of-appealability constitutional-right constitutional-rights due-process federal-custody fifth-circuit habeas-corpus judicial-discretion section-2255-motion Whether the Fifth Circuit Erred in Denying Araujo's Motion for Certificate of Appealability ("COA") Because He Did Reprise His Grounds from His Motion…
22-7646 Derek Pelker v. United States Third Circuit 2023-05-25 Denied Response WaivedIFP abuse-of-process certificate-of-appealability due-process equal-protection federal-government-collusion federalism ineffective-assistance ineffective-assistance-of-counsel procedural-default separation-of-powers Mr. Pelker alleged the Federal Governments impermissible collusion within the prosecution of the Commonwealth.of Pennsylvania for the same misconduct …
22-7589 Troy G. Saxton v. Jay Forshey, Warden Sixth Circuit 2023-05-18 Denied Response WaivedIFP 28-usc-2253 brown-v-ohio certificate-of-appealability double-jeopardy drug-possession habeas habeas-corpus reasonable-jurists spatial-units Whether a habeas petitioner satisfies his burden under 28 U.S.C. §2253(c)(2) for the issuance of a certificate of appealability when he demonstrates t…
22-7505 Charles Alfred Armajo, Jr. v. Bridget Hill, Attorney General of Wyoming, et al. Tenth Circuit 2023-05-10 Denied Response WaivedIFP certificate-of-appealability due-process habeas-corpus ineffective-assistance-of-counsel procedural-default standard-of-review I. Did the panel of the Tenth Circuit err by improperly deciding the merit of an appeal before the court to justify the denial of a certificate of app…
22-1068 Gary Paul Kirkman v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2023-05-04 Denied certificate-of-appealability confrontation-clause crawford-v-washington criminal-procedure cross-examination due-process melendez-diaz-v-massachusetts sane-records sixth-amendment Whether the Fifth Circuit erred in denying Gary Paul Kirkman's request for a certificate of appealability (COA) when it concluded that he had not made…
22-7443 Reno v. Ron Broomfield, Warden Ninth Circuit 2023-05-02 Denied IFP certificate-of-appealability constitutional-rights court-of-appeals district-court habeas-corpus ineffective-assistance-of-counsel merits-review procedural-default supreme-court-precedent 1. Whether the District Court's plain error in finding Claims 37, 86, 93, 100, and 120 were not raised in the first state habeas corpus petition, and …
22-7433 Carlos Garcia v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2023-05-01 Denied IFP appellate-procedure certificate-of-appealability due-process habeas-corpus ineffective-assistance-of-counsel right-to-counsel Whether the Fifth Circuit Court of Appeals granting a CoA on the basis that the Petitioner was not able to argue his case without appointed counsel.
22-7371 Ryan William Buchheim v. United States Eighth Circuit 2023-04-26 Denied Response WaivedIFP certificate-of-appealability eighth-circuit fourth-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel rodriguez-standard rodriguez-v-united-states traffic-stop In the context of a motion under 28 U.S.C. § 2255 and a subsequent Application for Certificate of Appealability (COA) under 28 U.S.C. § 2253 Petitione…
22-7381 Larry Anthony Ladson, Jr. v. United States Fourth Circuit 2023-04-26 Denied Response WaivedIFP certificate-of-appealability civil-rights criminal-procedure due-process equal-protection habeas-corpus judicial-review legal-standing procedural-due-process selective-prosecution standing Whether Petitioner was a victim of Selective Prosecution. Whether Petitioner was erroneously denied a Certificate of Appealability.
22-7354 Rafael L. Beier v. United States Ninth Circuit 2023-04-24 Denied Response WaivedIFP 28-usc-2255 certificate-of-appealability evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel plea-bargaining section-2255-motion sentencing sentencing-guidelines 1. Did the Ninth Circuit err in summarily denying a certificate of appealabililty that would allow an appeal from an order denying a motion to vacate,…
22-7318 Shannon Miles Lancaster v. Charles Williams, Jr., Warden Fourth Circuit 2023-04-19 Denied Response WaivedIFP certificate-of-appealability evidence-suppression fourth-circuit-review ineffective-assistance involuntary-plea plea-involuntariness south-carolina-homeland-security-act strickland strickland-standard suppression-motion Whether the District Court and the Fourth Circuit Court of Appeals erred in declining to grant Petitioner a certificate of appealability, where the St…
22-7322 Tevaris Crawford v. Mack Bailey, Warden Fourth Circuit 2023-04-19 Denied IFP appeals appellate-procedure certificate-of-appealability civil-procedure due-process fourth-circuit habeas-corpus judicial-review legal-error standing writ-of-certiorari Did the Appeals Court of the Fourth Circuit error by denying a certificate of appealability?
22-7283 Ronald O. LaTray v. Pete Bludworth, Warden, et al. Ninth Circuit 2023-04-14 Denied Response WaivedIFP certificate-of-appealability civil-rights constitutional-violation due-process exclusionary-rule fourth-amendment habeas-corpus state-courts stone-v-powell What constitutes a full and fair opportunity to litigate a United States Constitutional Fourth Amendment violation complaint invoking the exclusionary…
22-7300 James D. Sullivan v. United States Sixth Circuit 2023-04-14 Denied Response WaivedIFP certificate-of-appealability counsel-abandonment counsel-misconduct federal-bench habeas-corpus judicial-misconduct miscarriage-of-justice plea-withdrawal pro-se pro-se-representation standing 1. Will this Court remand with a certificate of appealability in a case where a district court perverted the habeas corpus process by ignoring specifi…
22-1000 William Casiano v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2023-04-14 Denied Response Waived certificate-of-appealability contemporaneous-evidence ineffective-assistance-of-counsel mandatory-minimum-sentence plea-bargaining strickland-prejudice 1. Does the rule in Lee v. United States, 137 S. Ct. 1958, 1967 (2017), that directs courts to credit contemporaneous evidence, and not "post hoc asse…
22-7252 Marlon McCay v. Kevin Genovese, Warden Sixth Circuit 2023-04-11 Denied Response WaivedIFP appellate-procedure certificate-of-appealability due-process habeas-corpus judicial-review merits-determination merits-review petition-denial sixth-circuit standard-of-review Did the Sixth Circuit Court of Appeals err when it denied the petitioner's petitions for a COA and rehearing despite the petitioner's showing that his…
22-7256 Mickey Wahl v. Kris Mayes, Attorney General of Arizona, et al. Ninth Circuit 2023-04-11 Denied IFP certificate-of-appealability constitutional-rights effective-assistance-of-counsel fourteenth-amendment habeas-corpus ineffective-assistance-of-counsel ninth-circuit sixth-amendment uncertified-issues I. Whether Mr. Wahl Was Denied His Right To Effective Assistance Of Counsel In Violation Of The Guarantees Of The Sixth & Fourteenth Amendments? II. …
22-7244 Jose Ramon Cruz v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2023-04-10 Denied IFP certificate-of-appealability federal-review habeas-corpus ineffective-assistance-of-counsel plea-bargaining sixth-amendment state-court-decision state-court-deference strickland strickland-standard When a State court's summary denial assumed the truth of the facts plead in a State habeas writ application and a Federal habeas court, pursuant to 28…
22-7234 Gerald Wayne LeBeau v. United States Eighth Circuit 2023-04-06 Denied Response WaivedIFP certificate-of-appealability civil-procedure civil-rights due-diligence due-process equitable-tolling extraordinary-circumstances habeas-corpus procedural-ruling standing QUESTION ONE: WAS THE COURTS PROCEDURE RULING PROPER IN DENYING LEBEAU'S EQUITABLE TOLLING? QUESTION TWO: WAS THE COURTS PROCEDURE RULING PROPER IN D…
22-7158 Reginald Langston Luster v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2023-03-30 Denied Response WaivedIFP certificate-of-appealability habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-instructions prejudice right-to-testify stand-your-ground trial-counsel I. Whether Petitioner Luster Is Entitled to a Certificate of Appealability on the Question Whether the State Court Erred in Denying Luster's Claim Tha…
22-7112 Fuhai Li v. United States Third Circuit 2023-03-29 Denied Response WaivedRelisted (2)IFP certificate-of-appealability constitutional-claims due-process habeas-corpus judicial-review jurisdiction probable-cause procedural-default standard-of-review unconstitutional-search-and-seizure I. The Court of Appeals' decision denying Petitioner's request for a COA is Contrary to a decision of this court because it sidestepped the COA Proces…
22-7092 Lorenzo Hardwick v. United States Third Circuit 2023-03-24 Denied Response WaivedIFP appellate-procedure certificate-of-appealability collateral-estoppel double-jeopardy fifth-amendment ineffective-assistance ineffective-assistance-of-counsel third-circuit DID THE APPEALS COURT FOR THE THIRD CIRCUIT ERROR BY DENYING PETITIONERS CERTIFICATE OF APPEALABILITY WHERE APPELLATE COUNSEL RENDERED INEFFECTIVE ASS…
22-7074 Christopher White v. United States Fifth Circuit 2023-03-22 Denied Response WaivedIFP appellate-review certificate-of-appealability civil-rights due-process fifth-circuit habeas-corpus judicial-procedure standard-of-review supervisory-power supreme-court-precedent Did the Fifth Circuit's denial of a Certificate of Appealability (COA) in this case conflict with Supreme Court precedent, warranting correction by th…
22-7052 Colby Todd Dubose v. United States Ninth Circuit 2023-03-21 Denied Response WaivedIFP categorical-approach certificate-of-appealability generic-burglary non-permanent-structures oregon-first-degree-burglary overnight-accommodation reasonable-jurists statutory-interpretation stitt-decision stitt-v-united-states Could reasonable jurists debate whether, after Stitt, Oregon first-degree burglary remains categorically broader than generic burglary because the sta…
22-7054 Jamar L. Travillion v. Bobbi Jo Salamon, Superintendent, State Correctional Institution at Rockview, et al. Third Circuit 2023-03-21 Denied IFP 28-usc-2254 certificate-of-appealability constitutional-rights due-process federal-review forfeiture habeas-corpus procedural-standard right-to-counsel waiver I. Could reasonable jurists disagree with the District Court's rejection of Petitioner's claim that the State Courts' determination that he forfeited…
22-7032 Scott Lynn Fishbein v. United States Fifth Circuit 2023-03-17 Denied Response WaivedIFP 28-usc-2255 actual-innocence certificate-of-appealability defense-counsel due-process false-information guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel Should a certificate of appealability have been issued by the court of appeals for review of an appeal of the denial of a 28 U.S.C. §2255 which presen…
22-7033 DeAndre Forrest v. United States Sixth Circuit 2023-03-17 Denied Response WaivedIFP appellate-procedure certificate-of-appealability constitutional-rights criminal-procedure criminal-trial due-process habeas-corpus ineffective-assistance-of-counsel sixth-amendment 1. Whether Forrest's Sixth Amendment was violated when his counsel conceeded his guilt during trial? 2. Whether the Sixth Circuit Court of Appeals Er…
22-7036 Michael Lawrence Cassidy v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2023-03-17 Denied IFP actual-innocence certificate-of-appealability constitutional-right habeas-corpus ineffective-assistance-of-counsel procedural-default statute-of-limitations If a habeas petitioner seeks to expand a previously granted COA on a petition that was denied for procedural reasons, is it necessary for him to make …
22-7031 David Andrew Diehl v. United States Fifth Circuit 2023-03-16 Denied Response RequestedResponse WaivedRelisted (4)IFP certificate-of-appealability civil-procedure federal-civil-procedure federal-rules-of-civil-procedure gonzales-v-crosby habeas-corpus merits-determination procedural-bar procedural-rulings rule-60 statute-of-limitations Point 1 Should a Fed.R.Civ.P. 60(b) and 60(d)(3) mixed motion initially be reviewed de novo, without requiring a certificate of Appealability Point 2…
22-7020 Tiwian Laquinn Skief v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2023-03-15 Denied IFP certificate-of-appealability civil-rights due-process fifth-circuit habeas-corpus ineffective-assistance judicial-review misrepresentation procedural-error standard-of-review Did the Fifth Circuit misrepresent facts in this case that caused them to deny Petitioner's COA?
22-7008 Heath R. Barker v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2023-03-14 Denied Response WaivedIFP certificate-of-appealability child-sexual-abuse forensic-interview forensic-interviews habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sixth-amendment trial-counsel 1) Was Petitioner entitled to a certificate of appealability (COA) on his claim that he received ineffective assistance of counsel under the Sixth Ame…
22-866 John Franklin Bell, Jr. v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2023-03-13 Denied thus requiring a COA and plenary consideration by certificate-of-appealability dna-evidence due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prejudice standard-of-review trial-counsel Are petitioner's due process and ineffective assistance of counsel claims debatable among reasonable jurists, thus requiring a COA and plenary conside…
22-860 Chene Devonne Manley v. Ryan Thornell, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. Ninth Circuit 2023-03-09 Denied Response Waived certificate-of-appealability chiari-malformation due-process fourteenth-amendment habeas-corpus newly-discovered-evidence sentencing-determination Does the Due Process Clause of the Constitution's Fourteenth Amendment entitle an applicant to a certificate of appealability regarding a state prison…
22-6955 Jaime Piero Cole v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2023-03-07 Denied IFP caldwell-v-mississippi caldwell-violation certificate-of-appealability death-penalty fifth-circuit-ruling ineffective-assistance ineffective-assistance-of-counsel jury-selection procedural-default voir-dire During jury selection, the court told eleven of the twelve seated jurors that their decision to impose death would be automatically reviewed on appeal…
22-6959 Thurston Rickey-Lee Davis v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2023-03-07 Denied Response WaivedIFP 5th-amendment 6th-amendment anders-brief certificate-of-appealability habeas-corpus ineffective-assistance ineffective-assistance-of-counsel statute-of-limitations summary-judgment 1). In an appeal of a 2254, at the "C.O.A." stage, When the U.S. District Court: accepts the affirmative defense of ' Statute of Limitation violat ion…
22-6912 Michael Wright v. J. Pickett, Warden Ninth Circuit 2023-03-02 Denied Response WaivedIFP certificate-of-appealability constitutional-challenge criminal-procedure due-process evidence-sufficiency federal-court habeas-corpus ineffective-assistance-of-counsel sufficiency-of-evidence 1. Can the Federal court deny a Certificate of Appealability on the issue of ineffective assistance of counsel for his failure to raise a constitution…
22-834 Harshad Shah v. United States Ninth Circuit 2023-03-02 Denied Response Waived buck-v-davis certificate-of-appealability cultural-bias cultural-predisposition habeas habeas-corpus ineffective-assistance ineffective-assistance-of-counsel racial-animus trial-counsel In Peña-Rodriguez v. Colorado, 580 U.S. 206 (2017), this Court again condemned the use of racial animus in the sexual assault trial of a Mexican man, …
22-6792 Gary D. Swierski v. Craig Koenig, Acting Warden Ninth Circuit 2023-02-15 Denied Response WaivedIFP 2nd-amendment certificate-of-appealability civil-procedure civil-rights due-process habeas-corpus judicial-review order-to-show-cause reasonably-debatable second-amendment standing (1) When the Northern District Court issued an "ORDER TO SHOW CAUSE" in this Petitioner's (S.A.P.') Second Amendment Petition, is that indicative that…
22-6752 Enrique Nunes Lopez v. Josie Gastelo, Warden Ninth Circuit 2023-02-10 Denied Response WaivedIFP 14th-amendment 2nd-amendment certificate-of-appealability home-defense justifiable-homicide self-defense I. Given the Second and Fourteenth Amendment rights to possess a firearm in the home for self-defense, and where the evidence tended to favor a verdic…
22-6739 Harry Franklin Phillips v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2023-02-09 Denied IFP 14th-amendment 8th-amendment capital-punishment certificate-of-appealability circuit-split constitutional-law due-process eighth-amendment habeas-corpus intellectual-disability retroactivity 1. Whether the denial of a Certificate of Appealability (COA) on the denial of a motion that seeks to amend a habeas petition pending on appeal – whic…
22-6738 Melvin G. Simms v. Donald Ames, Superintendent, Mount Olive Correctional Complex Fourth Circuit 2023-02-09 Denied Response WaivedIFP certificate-of-appealability civil-rights due-process equal-protection federal-civil-procedure habeas-corpus magistrate-report magistrate-review summary-judgment Whether the District Court Judge Violated the Equal Protection Clause of the Fourteenth Amendment of the U.S. Constitution By Granting the Respondent'…
22-6690 Steven Vernon Bixby v. Bryan P. Stirling, Commissioner, South Carolina Department of Corrections, et al. Fourth Circuit 2023-02-02 Denied IFP certificate-of-appealability death-penalty federal-courts federal-review habeas-corpus ineffective-assistance-counsel ineffective-assistance-of-counsel mental-illness Whether 28 U.S.C. § 2253(c)(1), F-R.A.P. 22(b) and this Court's decisions in Miller-El v. Cockrell, 537 U.S. 322 (2003), Barefoot v. Estelle, 463 U.S.…
22-6673 Lenwood Mason v. Laurel Harry, Acting Secretary, Pennsylvania Department of Corrections, et al. Third Circuit 2023-02-01 Denied Response WaivedIFP appeals certificate-of-appealability counsel-replacement court-of-appeals district-court due-process habeas-corpus ineffective-assistance-of-counsel right-to-counsel statutory-interpretation I. WHETHER THE COURT OF APPEALS ERRED IN DENYING A CERTIFICATE OF APPEALABILITY AFTER THE DISTRICT COURT FAILED TO MAKE AN INQUIRY INTO A TITLE 18 U…
22-6684 In Re Fox Joseph Salerno 2023-02-01 Dismissed IFP certificate-of-appealability civil-procedure constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance jurisdiction post-conviction-relief standing Question not identified.
22-6667 Robert Henry Steele v. Dan Redington Eighth Circuit 2023-01-31 Denied IFP appellate-procedure certificate-of-appealability due-process eighth-circuit habeas-corpus judicial-review procedural-standard reasonable-jurists standard-of-review summary-reversal Whether this Court should summarily reverse the Eighth Circuit's denial of a COA where the underlying issues were clearly debatable by jurists of reas…
22-6668 Aaron Lyons v. Brian Ladner, Warden Fifth Circuit 2023-01-31 Denied Response WaivedRelisted (2)IFP certificate-of-appealability civil-rights criminal-procedure dna-evidence due-process evidence fifth-circuit ineffective-assistance-of-counsel ineffective-counsel insufficient-evidence prosecutorial-misconduct standing 1. Petitionee has presented that key state witness 10:45 using cellphone while testifying against petitioner at trial. Petitioner was convicted solely…
22-6646 Omar Shaheer Thomas v. Steven Johnson, Administrator, New Jersey State Prison, et al. Third Circuit 2023-01-27 Denied IFP 14th-amendment 4th-amendment 5th-amendment certificate-of-appealability constitutional-violation due-process illegal-arrest ineffective-assistance search-and-seizure warrantless-arrest 1) Whether the Third Circuit Court of Appeals Erred in Denying Petitioner a Certificate of Appealability on His Claim that His Warrantless Arrest was…
22-6621 Jason Sewell v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2023-01-24 Denied IFP certificate-of-appealability criminal-procedure denial-of-petition due-process habeas-corpus non-frivolous-claims petition-denial texas-law 1) Was Petitioner entitled to a certificate of appealability on four claims following the denial of his petition, where each issue presented non-frivo…
22-6592 James Stacey Harber v. United States Fifth Circuit 2023-01-23 Denied Response WaivedIFP certificate-of-appealability criminal-procedure due-process effective-assistance-of-counsel habeas-corpus ineffective-assistance plea-bargaining section-2255 sentencing 1. Was Mr. Harber denied the effective assistance of counsel at the plea and sentencing phase of trial? 2. Did the district court err by denying Mr. …
22-6593 Steven C. Heiser v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2023-01-23 Denied Response RequestedRelisted (2)IFP abuse-of-discretion certificate-of-appealability certiorari-jurisdiction due-process habeas-corpus limitations-defense party-presentation statute-of-limitations sua-sponte Mr. Heiser humbly asks this Honorable Court to invoke its judicial discretion and consider the following questions: 1. THIS COURT SHOULD EXERCISE ITS…
22-6596 Laverne C. Henderson v. United States Eighth Circuit 2023-01-23 Denied Response WaivedIFP appellate-procedure certificate-of-appealability civil-rights due-process eighth-circuit habeas-corpus judicial-review precedent standard-of-review supreme-court-precedent Whether the U.S. Court of Appeals for the Eighth Circuit violated Henderson's rights when it ignored this Courts precedent in Miller-El v. Cockrell, B…
22-658 Victor Gates v. United States Third Circuit 2023-01-18 Denied Response Waived certificate-of-appealability due-process fifth-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sixth-amendment 1) Did the United States Court of Appeals for the Third Circuit abuse its discretion and commit an error of law in not issuing a Certificate of Appeal…
22-6542 Warren Douglas Vann v. United States Tenth Circuit 2023-01-13 Denied Response WaivedIFP attorney-misconduct certificate-of-appealability due-process equitable-tolling habeas-corpus ineffective-assistance-of-counsel jurisdictional-claim procedural-deadline statute-of-limitations Whether, for purposes of a certificate of appealability, it is debatable that reasonable jurists would find that equitable tolling applies to the Peti…
22-643 Jason Devon Lenoir v. Lynn Guyer, Warden, et al. Ninth Circuit 2023-01-11 Denied Response Waived certificate-of-appealability faretta-hearing fourteenth-amendment pro-se-representation psychological-evaluation right-to-counsel sixth-amendment waiver-of-counsel Is a criminal defendant entitled to a COA when he has demonstrated and made a substantial showing that his rights were denied under the Sixth and Four…
22-6501 Michael A. Hagar v. United States Sixth Circuit 2023-01-10 Denied Response WaivedIFP 28-usc-2253 bracy-v-gramley certificate-of-appealability due-process judicial-misconduct miller-el-v-cockrell procedural-default section-2255 slack-v-mcdaniel speedy-trial QUESTION ONE The Sixth Circuit Court of Appeals erred when it did not issue a Certificate of Appealability as the Petitioner met the requirement und…
22-6463 Sherman Johnson, Jr. v. United States Eighth Circuit 2023-01-05 Denied Response WaivedIFP appellate-jurisdiction brady-violation certificate-of-appealability district-court-jurisdiction due-process eighth-circuit-court exculpatory-evidence habeas-corpus ineffective-assistance-of-counsel title-28-usc-2253 title-28-usc-2255 Did the Eight Circuit Court of Appeals have jurisdiction to deny or address the claims raised on Johnson's Title 28 U.S.C. § 2253 in his request for a…
22-6425 Mirwais Mohamadi v. United States Fourth Circuit 2022-12-30 Denied Response WaivedIFP appellate-procedure appellate-review certificate-of-appealability due-process habeas-corpus ineffective-assistance-of-counsel judicial-discretion procedural-default standard-of-review Did The Court Of Appeals Err In Denying A Certificate Of Appealability?
22-6428 Jermaine Scott v. United States Fifth Circuit 2022-12-30 Denied Response WaivedIFP 28-usc-2253 appellate-review certificate-of-appealability certiorari-standard circuit-court-review civil-rights district-court due-process federal-habeas judicial-discretion procedural-standard standing -fU«- Uwvr^ed S+a-Ve-S Cour'V erf Appeals c t rcuv-V <a.biAsed A JsereViow u)Uew\j4'<ie.v\Wcl ~V*14-(owAe-V'k re«jues4" 'for' 1?5UAnce <sp *v ce-v-V…
22-6406 William James Truesdale v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2022-12-28 Denied IFP appellate-filing-fee certificate-of-appealability civil-rights constitutional-rights due-process eleventh-circuit filing-fee habeas-corpus pro-se-petition standing Whether petitioner Truesdale owes the District Court Clerk the docketing and filing fee in order to obtain a Certificate of Appealability ("COA") from…
22-6361 Michael Jason Fetherolf v. Ohio Ohio 2022-12-21 Denied Response WaivedIFP appellate-procedure assignment-of-error certificate-of-appealability due-process exhaustion exhaustion-requirement habeas-corpus ineffective-assistance procedural-default state-court-proceedings state-court-review Do the requirements of Ohio App.R.26(B) comport with due process where it advises an applicant to include "One of more assignments of error or argumen…
22-6370 Adam Limbrick v. Raymond Madden, Warden Ninth Circuit 2022-12-21 Denied IFP actual-innocence appellate-review certificate-of-appealability civil-rights constitutional-rights due-process false-testimony habeas-corpus ninth-circuit standing WHETHER THE COURT OF APPEALS FOR THE NINTH CIRCUIT VIOLATED PRECEDENT OF THE UNITED STATES SUPREME COURT ANNOUNCED IN MILLER-EL V. COCKRELL 537 U.S. 3…
22-6268 David Miller, Jr. v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2022-12-09 Denied IFP certificate-of-appealability due-process equitable-tolling habeas-corpus mental-illness statute-of-limitations 1. Did the Eleventh Circuit depart from the accepted and usual course of judicial proceedings and deny Miller his due process rights under the Fifth a…
22-6277 Paul E. Pavulak v. United States Third Circuit 2022-12-09 Denied Response WaivedIFP certificate-of-appealability fraud-on-court fraud-on-the-court habeas-corpus judicial-discretion procedural-bar rule-60 rule-60(d)(3) section-2255 successive-petition 1. When a petitioner challenges a procedural bar in his 2255 which based on a fraud on the court, may a District Court Judge dismiss this motion as a …
22-6238 David N. Firewalker-Fields v. Harold W. Clarke, Director, Virginia Department of Corrections Fourth Circuit 2022-12-07 Denied Response WaivedIFP certificate-of-appealability circuit-court civil-procedure constitutional-review district-court due-process evidence first-amendment procedural-default withholding-evidence I. Did the District Court and Court of Appeals err in not granting a certificate of appealability due to a procedural default caused by the Circuit Co…
22-6219 Bruce Wood v. Robert May, Warden, et al. Third Circuit 2022-12-05 Dismissed Relisted (2)IFP actual-innocence certificate-of-appealability coa conflict-with-court-precedent due-process fundamental-miscarriage-of-justice habeas-corpus prosecutorial-misconduct rule-60 rule-60-motion 1. When Petitioner's exculpatory evidence infers an innocent man is imprisoned, did the U.S. Court of Appeals and District Court endorse a Fundamental…
22-507 Tyson Martin v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2022-11-30 Denied Response Waived 28-usc-2253 certificate-of-appealability due-process federal-procedure habeas-corpus judicial-review miller-el-standard miller-el-v-cockrell reasonabl-jurists-debate reasonable-jurists Whether the court of appeals improperly denied the Petitioner a certificate of appealability under 28 U.S.C. § 2253(c) on his federal habeas claim (i.…
22-6177 Sanders McDaniel Carter v. Dexter Payne, Director, Arkansas Division of Correction Eighth Circuit 2022-11-30 Denied Response WaivedIFP aedpa brady-vs-maryland certificate-of-appealability federal-habeas-corpus habeas-corpus rule-60 Did the United States Court of Appeals for the Eighth Circuit impose an improper and unduly burdensome Certificate of Appealability (COA) standard tha…
22-6153 Vincent Johnson v. Tim Shoop, Warden Sixth Circuit 2022-11-23 Denied Response WaivedIFP appellate-procedure buck-v-davis certificate-of-appealability civil-rights due-process habeas-corpus miller-el-standard miller-el-v-cockrell procedural-due-process sixth-circuit supreme-court-review 1. What is the correct mechanism and procedure which would allow a petitioner to present a COA violation made by a Circuit court pursuant to Miller …
22-6089 Heeralall Puran v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2022-11-17 Denied Response WaivedIFP certificate-of-appealability due-process equitable-tolling federal-procedure habeas-corpus math-mistake time-limitation untimely-petition Whether Petitioner Puran Is Entitled to a Certificate of Appealability on the Question Whether Equitable Tolling Should Apply to Permit an Untimely Ha…
22-6091 Brian J. Dorsey v. David Vandergriff, Warden Eighth Circuit 2022-11-17 Denied IFP capital-sentencing certificate-of-appealability evidentiary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel law-of-the-case martinez-v-ryan procedural-default sixth-amendment More than four decades ago, this Court held that it is crucial that the jury be allowed to hear evidence of a defendant's positive adjustment to priso…
22-6066 Brent Stephens v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2022-11-16 Denied IFP 28-usc-2244 28-usc-2254 appeal appeal'\n\n'Whether the Federal Court of Appeals f appeal'\n\n'Whether the U.S. District Court Magist appellate-procedure certificate-of-appealability criminal-procedure due-process exhaustion exhaustion'\n\n'Whether the Federal Court of Appea federal-statute fifth-circuit habeas-corpus judicial-deference jury-trial jury-verdict magistrate-bar procedural-bar sentencing standard-of-review standard-of-review'\n\n'Whether the U.S. District trial-court-authority QUESTION A: Whether the Trial Court had the authority to supplant the verdict of the jury on punishment? QUESTION B: Whether the U.S. District Court …
22-6017 Reginald Eugene Grimes, Sr. v. United States Eleventh Circuit 2022-11-08 Dismissed Response WaivedRelisted (2)IFP certificate-of-appealability criminal-procedure due-process eleventh-circuit false-testimony perjury plain-error prosecutorial-misconduct sentencing sentencing-hearing (1) DID THE HONORABLE ELEVENTH CIRCUIT COURT OF APPEALS IN ATLANTA, GEORGIA COMMIT "PLAIN AND OBVIOUS ERROR" BY DENYING PETITIONER'S REQUEST FOR A C…
22-5978 Richard R. Crawford v. United States Sixth Circuit 2022-11-02 Denied Response WaivedIFP arbitrary-and-capricious arbitrary-capricious certificate-of-appealability constitutional-rights criminal-procedure detention-versus-arrest due-process evidentiary-hearing sworn-testimony WHETHER A DETERMINATION BY THE LOWER COURTS THAT THE OFFICERS ONLY DETAINED THE PETITIONER, AND NOT ARRESTED HIM, WHICH FINDING WAS IN DIRECT CONFLICT…
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 where his trial a…
22-5938 Carrington K. Joseph v. Mark Garman, Superintendent, State Correctional Institution at Rockview, et al. Third Circuit 2022-10-28 Denied Response WaivedIFP certificate-of-appealability constitutional-right constitutional-rights court-of-appeals due-process habeas-corpus judicial-standard procedural-review standard-of-review substantial-showing supreme-court-precedent Whether the Court of Appeals decision to deny Petitioner a Certificate of Appealability conflicts with the standard articulated by this Court and its …
22-5942 David G. Wiggins v. Mark Brnovich, Attorney General of Arizona, et al. Ninth Circuit 2022-10-28 Denied Response WaivedIFP certificate-of-appealability constitutional-law constitutional-rights criminal-law due-process felony-murder fourteenth-amendment sixth-amendment statutory-interpretation As reasonable jurors would have disagreed that the Felony Murder Statute as applied to this Petitioner is unconstitutional, denying this Petitioner hi…
22-5911 Clark Wesley Betts, Jr. v. United States Eighth Circuit 2022-10-26 Denied Response WaivedIFP appellate-jurisdiction appellate-procedure certificate-of-appealability civil-procedure habeas-corpus judicial-review merits merits-review procedural-order statutory-interpretation Is a certificate of appealability needed to appeal an order unrelated to the merits of a habeas proceeding if that order is part of an order on the me…
22-5904 Matthew S. Becker v. George Little, Acting Secretary, Pennsylvania Department of Corrections, et al. Third Circuit 2022-10-25 Denied Response WaivedIFP appellate-procedure certificate-of-appealability circuit-split habeas-corpus judicial-review standard-of-review standards threshold-determination WHETHER THE COURT SHOULD CLARIFY AND RESOLVE THE CIRCUIT SPLIT ON THE STANDARDS TO BE UTILIZED WHEN DECIDING THE THRESHOLD DETERMINATION ON WHETHER TO…
22-5873 Nicholas Levi Olsen v. United States Ninth Circuit 2022-10-20 Denied Response WaivedIFP §2255-motion access-to-courts aedpa certificate-of-appealability civil-rights due-process habeas-corpus jurisdiction legal-materials one-year-time-limit prison-lockdown Did the district error in holding that defendant violated AEDPA's one-year time limit for filing §2255 motion, even though prison was locked-down with…
22-5880 Sixing Liu v. United States Third Circuit 2022-10-20 Denied Response WaivedIFP appellate-review certificate-of-appealability confidential-information constitutional-rights due-process equal-protection pro-se-petition proprietary-information science-and-technology Did the Third Circuit err when, in conflict with this Court, it held that Petitioner failed to "make a substantial showing of the denial of a constitu…
22-5870 Rodney Marshall v. Brian Williams, Warden, et al. Ninth Circuit 2022-10-19 Denied Response WaivedIFP appeal certificate-of-appealability criminal-procedure criminal-sentencing double-jeopardy due-process fair-trial ninth-circuit sentencing 1. Whether the Ninth Circuit erred by denying a certificate of appealability on the question of whether Mr. Marshall's right to be free from double je…
22-5850 Justin Michael Fenney v. Tracy Beltz, Warden Eighth Circuit 2022-10-18 Denied IFP 2253-statute 28-usc-2253 appellate-relief certificate-of-appealability conviction factual-support federal-court-review habeas-corpus judicial-discretion reasonable-jurists 1. In deciding whether to issue a certificate of appealability under 28 U.S.C. § about the denial of relief where there remains no factual support for…
22-5864 David Rodriguez v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2022-10-18 Denied Response WaivedIFP appellate-proceeding certificate-of-appealability circuit-court civil-procedure due-process federal-rules-of-appellate-procedure judicial-review motion-denial standing Whether a single circuit court judge may deny a motion for certificate of appealability under Fed. R. App. P. 27(c)?
22-5819 Jose Efrain Vega v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2022-10-12 Denied IFP appellate-procedure certificate-of-appealability due-process federal-courts habeas-corpus judicial-review procedural-default standard-of-review standing Whether the court of appeals properly denied Petitioner's certificate of appealability?
22-5750 Salvador Diaz v. United States Second Circuit 2022-10-04 Denied Response WaivedRelisted (2)IFP 28-usc-2255 5th-amendment certificate-of-appealability constitutional-rights due-process habeas-corpus second-circuit section-2255 standard-of-review Where the COA determination under § 2253(c) requires an overview of the claims in the habeas petition and a general assessment of their merits, did th…
22-315 Earnest Eugene Padillow v. Scott Crow, Director, Oklahoma Department of Corrections Tenth Circuit 2022-10-03 Denied certificate-of-appealability direct-appeal due-process exhaustion-of-remedies habeas-corpus ineffective-assistance-of-counsel judicial-review procedural-default state-court state-court-hearing witness-opportunity Whether the United States District Court For The Northern District Of Oklahoma and subsequently the Tenth Circuit Court of Appeals erred in defaulting…
22-5734 Timothy W. Saunders v. Terry Raybon, Warden Eleventh Circuit 2022-10-03 Denied Relisted (3)IFP appellate-procedure certificate-of-appealability circuit-split due-process gatekeeping-function habeas-corpus statutory-interpretation sua-sponte When a petitioner files a proper application for a certificate of appealability, a single judge grants a defective certificate without objection from …
22-5725 Marty Joe Banghart v. Dan Sullivan, Warden, et al. Eighth Circuit 2022-09-30 Denied Relisted (2)IFP appeals certificate-of-appealability civil-rights criminal-procedure due-process eighth-circuit federal-procedure habeas-corpus standing Question not identified.
22-5727 Antonio Garrett v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2022-09-30 Denied IFP certificate-of-appealability constitutional-rights criminal-procedure due-process eleventh-circuit habeas habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-instruction section-2254 WHETHER THE ELEVENTH CIRCUIT COURT OF APPEALS ERRED IN DENYING GARRETT A CERTIFICATE OF APPEALABILITY ON HIS 28 U.S.C. SECTION 2254 HABEAS CLAIM OF IN…
22-304 Frank Oswald v. Nicholas Mauer, et al. Sixth Circuit 2022-09-29 Denied Response Waived appellate-procedure certificate-of-appealability constitutional-claims constitutional-rights due-process habeas-corpus judicial-review reasonable-jurists sixth-circuit Does a Circuit Court's denial of an application for a Certificate of Appealability based on the merits of the appeal, rather than on whether reasonabl…
22-5712 Ramona I. Morgan v. Gloria Geither Tenth Circuit 2022-09-29 Denied Response WaivedIFP certificate-of-appealability criminal-procedure district-court-jurisdiction double-jeopardy due-process habeas-corpus jurisdiction motion-to-vacate prosecutorial-discretion sentencing-review statutory-interpretation 1. Should the United States Court of Appeals for the Tenth Circuit have granted a Certificate of Appeal to the Petitioner [Edmond Morgan]? 2. Should …
22-5703 Charles Michael Ledford v. United States Fourth Circuit 2022-09-28 Denied Response WaivedIFP certificate-of-appealability civil-rights due-process federal-rules-of-civil-procedure fourth-circuit habeas-corpus pro-se statute-of-limitations summary-dismissal Whether it is inconsistent with this Court's Slack v. McDaniel 824 U.S. 473 (2008) standard for a court of appeals to decline to issue a certificate o…
22-5676 Bernard D. Ellerbe v. Robert May, Warden, et al. Third Circuit 2022-09-23 Denied Response WaivedIFP certificate-of-appealability hinton-standard hinton-v-united-states ineffective-assistance ineffective-assistance-of-counsel martinez-v-ryan procedural-default strickland-claim strickland-v-washington third-circuit Did the Third Circuit & Delaware District Courts err by denying a Certificate of Appealability seeking to challenge procedural default findings where …
22-5647 Jose Antonio Guerrero-Yanez v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2022-09-22 Denied IFP 28-usc-2253 appeal certificate-of-appealability civil-rights due-process fifth-amendment fifth-circuit first-amendment rule-60b-motion standing (1) Did the United States Court of Appeals for the Fifth Circuit misapply 28 U.S.C. §2253 by requiring Petitioner to be granted a Certificate of Appea…
22-5587 Kaleb L. Basey v. United States District Court for the District of Alaska Ninth Circuit 2022-09-15 Denied Response WaivedIFP certificate-of-appealability circuit-court circuit-judge federal-appellate-procedure FRAP-22(b)(1) habeas habeas-corpus judicial-discretion mandamus retroactive-effect writ-of-mandamus Does a habeas petitioner have a right under FRAP 22(b)(1) to request a certificate of appealability ("COA") from a specifically chosen circuit judge? …
22-5565 Fedner Pierre-Louis v. Matthew J. Platkin, Acting Attorney General of New Jersey, et al. Third Circuit 2022-09-14 Denied IFP certificate-of-appealability debatable-claim habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jurist-of-reason post-conviction-relief sixth-amendment 1. WHETHER THE RULING OF THE COURT OF APPEALS FOR THE THIRD CIRCUIT IS CONTRARY TO CLEARLY ESTABLISHED FEDERAL LAW WHERE THE COURT FAILED TO GRANT A…
22-5557 David Laurence Hodges v. William Bolin, Warden Eighth Circuit 2022-09-13 Denied IFP 28-usc-2253 certificate-of-appealability due-process federal-court federal-courts habeas-corpus judicial-discretion reasonable-jurists statutory-interpretation 1. In deciding whether to issue a certificate of appealability under 28 U.S.C. § 2253, may a federal court find that "reasonable jurists would not dis…
22-5522 Fernando Cazares v. United States Ninth Circuit 2022-09-12 Denied Response WaivedIFP appeal certificate-of-appealability conspiracy crime-of-violence criminal-procedure due-process general-verdict pinkerton-conspiracy section-241 section-245 sentencing violent-crime Did the court of appeals err in failing to grant a certificate of appealability where the application presented three debatable questions: First, the …
22-5542 Johnny A. Johnson v. Paul Blair, Warden Eighth Circuit 2022-09-12 Denied IFP capital-cases certificate-of-appealability cumulative-effect habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sixth-amendment strickland-standard Strickland-v-Washington wiggins-claim Wiggins-v-Smith 1. Whether the Eighth Circuit's practice of issuing unexplained summary denials of certificates of appealability in capital cases conflicts with 28 U.…
22-5555 Denni Valdez v. Eckert Stewart, Warden Second Circuit 2022-09-12 Denied IFP certificate-of-appealability constitutional-rights constitutional-violations district-court due-process en-banc-review habeas-corpus judicial-procedure rehearing-en-banc 1. Did the Court of Appeals violate Appellant's Constitutional right to Due Process by not issuing a Certificate of Appealability or granting a hearin…
22-5539 Sean David Pickett v. United States Eleventh Circuit 2022-09-09 Denied Response WaivedIFP actual-innocence certificate-of-appealability eleventh-circuit federal-jurisdiction habeas-corpus jurisdiction miscarriage-of-justice rule-60(b) rule-60b section-2255 1. Does the Eleventh Circuit have jurisdiction to deny a certificate of appealability based on the Eleventh Circuit's determination that the petitione…
22-5515 Jose Agapito Salas v. United States Fifth Circuit 2022-09-07 Denied Response WaivedIFP 28-usc-2255 certificate-of-appealability district-court due-process federal-prisoner findings-of-fact habeas-corpus statutory-interpretation At The Federal Level After The District Court Receives An Ordered Response From The Government To A Federal Prisoner's Petition For Habeas Corpus Reli…
22-5519 Kareem J. Stansbury v. Michael Courley, Acting Superintendent, State Correctional Institution at Camp Hill, et al. Third Circuit 2022-09-07 Denied Response WaivedRelisted (2)IFP certificate-of-appealability criminal-justice-system fair-trial federal-constitutional-rights habeas-corpus pro-se-defendant procedural-default sixth-amendment speedy-trial conviction and habeas corpus proceedings raises Kareem Stansbury's pressing issues of national importance; Whether, and to what extent the criminal ju…
22-5499 Scott James Repella v. Luzerne County Children and Youth Services, et al. Third Circuit 2022-09-02 Denied IFP appellate-procedure certificate-of-appealability civil-rights constitutional-law constitutional-rights court-of-appeals due-process judicial-review legal-error procedural-challenge standard-of-review standing 1. DID THE COURT OF APPEALS ERROR IN DENYING THE COA AND NOT TAKING INTO THE COUNT THE COMPLEXITY AND SEVERITY OF THE CONSTITUTIONAL RIGHTS VIOLATION?…
22-5490 Nicholas Wukoson v. United States Eleventh Circuit 2022-09-01 Denied Response WaivedIFP 11th-circuit appeals certificate-of-appealability civil-procedure clisby-v-jones davis-v-us federal-civil-procedure judicial-procedure plain-error plain-error-review remand Question 1 Whether it is acceptable for the U.S. Circuit Court of Appeals in the 11th Circuit to depart from its accepted and usual course of judici…
22-5453 Hugo F. Marquez v. Brandon Kelly, Superintendent, Oregon State Penitentiary Ninth Circuit 2022-08-29 Denied Response WaivedIFP certificate-of-appealability criminal-procedure cross-examination due-process evidence ineffective-assistance ineffective-assistance-of-counsel interview-tapes right-to-confrontation sex-abuse-case sex-crimes trial-procedure 1. Should the Ninth Circuit have denied Marquez's motion for a certificate of appealability on the issue of ineffective assistance of counsel, where t…
22-5442 Powell Jones, Jr. v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2022-08-24 Denied IFP ake-v-oklahoma certificate-of-appealability civil-procedure due-process due-process-expert expert-witness fifth-circuit-appeal ineffective-assistance standing strickland-standard strickland-v-washington I. Did the panel of the Fifth Circuit err by deciding the merit of an appeal not properly before the Court to justify the denial of a certificate of a…
22-5426 Joseph Antonetti v. Timothy Filson, Warden, et al. Ninth Circuit 2022-08-23 Denied IFP autopsy-report certificate-of-appealability confrontation-clause crawford-precedent crawford-v-washington criminal-procedure ineffective-assistance ineffective-assistance-of-counsel medical-examiner Did the courts below err in denying a Certificate of Appealability to review the holdings of the district court and the Nevada Supreme Court that Mr. …
22-5411 Darnay Thibodaux v. Jon Reeves, District Administrator, Jefferson Parish District, Louisiana Department of Public Safety and Corrections, Department of Probation and Parole, et al. Fifth Circuit 2022-08-22 Denied Response WaivedIFP 28-usc-2254 certificate-of-appealability constitutional-rights due-process fifth-circuit habeas-corpus judicial-review standard-of-review statutory-provisions (1) Whether the United States Court of Appeals for the Fifth Circuit properly denied Petitioner's Motion for Certificate of Appealability ("COA") as t…
22-5415 Delano Marco Medina v. United States Tenth Circuit 2022-08-22 Denied Response WaivedIFP cell-site-location-information certificate-of-appealability ineffective-assistance ineffective-assistance-of-counsel lost-evidence mandamus mandamus-relief rule-60(b) rule-60b speedy-trial Did the Tenth Circuit err in not granting a COA and refusing to remand back to the district court or to properly consider Medina's Rule 60(b) motion? …
22-5403 Paul Frederick Stover v. Oregon Board of Parole and Post-Prison Supervision Ninth Circuit 2022-08-19 Denied Response WaivedIFP certificate-of-appealability criminal-procedure ineffective-assistance ineffective-assistance-of-counsel lesser-included-offense second-degree-assault sixth-amendment strickland-standard strickland-v-washington Could reasonable jurists debate whether trial counsel's failure to request a lesser-included offense instruction as an alternative to second degree as…
22-5368 Kultar S. Goraya v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2022-08-17 Denied Response WaivedIFP appealability certificate-of-appealability certiorari civil-rights due-process eleventh-circuit habeas-corpus slack-v-mcdaniel standard-of-review WHETHER THE ELEVENTH CIRCUIT COURT OF APPEALS APPLIED AN IMPROPER HEIGHTENED STANDARD UNDER SLACK V. MCDANIAL, 120 S.Ct 1595 at 1604 (2000) AND BUCK V…
22-127 Abraham Moses Fisch v. United States Fifth Circuit 2022-08-09 Denied Response Waived 18-usc-1515(c) appellate-procedure certificate-of-appealability constitutional-rights fifth-circuit impeachment-evidence ineffective-assistance ineffective-assistance-of-counsel judicial-proceedings judicial-review prosecutorial-misconduct Abraham Fisch's case raises a pressing issue for this court's consideration: Has the United States Court of Appeals for the Fifth Circuit so far depar…
22-5286 Jesse James Palato v. Dwayne Hamilton, et al. Ninth Circuit 2022-08-05 Denied Response WaivedRelisted (2)IFP 4th-amendment anonymous-messages anonymous-messaging certificate-of-appealability fourth-amendment probable-cause search-and-seizure social-media 1. WHAT IS THE PROBABLE CAUSE TO ARREST SOMEONE FOR ALLEGEDLY SENDING TWO ANONYMOUS MESSAGES FROM TWO DIFFERENT SOCIAL MEDIA PLATFORMS WHICH WAS NEIT…
22-5293 Rafael Humberto Celaya Valenzuela v. United States First Circuit 2022-08-04 Denied Response WaivedIFP appellate-review certificate-of-appealability circuit-split due-process habeas-corpus ineffective-assistance-of-counsel section-2255-motion supervisory-powers 1.- Did the Court of Appeals for the first Circuit err when it denied request for certificate of appealability(C.O.A.), where petitioner sought review…
22-5259 Elseddig Elmarioud Musa v. United States Ninth Circuit 2022-08-03 Denied Response WaivedIFP appellate-review buck-v-davis certificate-of-appealability constitutional-rights court-of-appeals due-process evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel supreme-court-precedent 1. Where a Court of Appeals denies a Petition for Issuance of a Certificate of Appealability ("COA ") in disregard of the rule announced in Buck v Dav…
22-5251 Levonne Jomarrio Greer v. Kristopher Taskila, Warden Sixth Circuit 2022-08-02 Denied Response WaivedIFP certificate-of-appealability due-process habeas habeas-corpus ineffective-assistance-of-counsel judicial-review law-enforcement plea-bargaining sham-plea-bargaining sham-tactics DID THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN AND THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT ERRONEOUSLY DEN…
22-94 Robert Alan Fratta v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2022-08-01 Denied Relisted (2) appeals appellate-procedure certificate-of-appealability civil-procedure habeas habeas-corpus jurisdiction jurisdictional-grounds procedural-default rule-60(b) rule-60b 1) Must a habeas petitioner obtain a certificate of appealability ("COA") to appeal the denial of a Rule 60(b) motion on jurisdictional grounds? 2)…
22-5200 Robert Oulton, Jr. v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2022-07-27 Denied Response WaivedIFP appellate-procedure certificate-of-appealability constitutional-rights constitutional-showing due-process eleventh-circuit federal-jurisdiction federal-review habeas-corpus indigent-rights ineffective-assistance-of-counsel procedural-standard QUESTION ONE: IN FILING FOR A COA, CAN A SPECIFIC REFERENCE TO THE RECORD BY AN INDIGENT BE CONSIDERED A SUBSTANTIVE PART OF DEMONSTRATING "A SUBSTA…
22-5201 Jurel Dion Roberson v. Mark Brnovich, Attorney General of Arizona, et al. Ninth Circuit 2022-07-27 Denied IFP certificate-of-appealability due-process habeas-corpus liberty-interest ninth-circuit state-courts state-created-liberty-interest When the State Courts denied Petitioner Wis state created becky interest, LAS i¢ error to deny the Cerhficate of Appealability im the Ninth Circult?
22-5210 Travis Louis Shaw v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2022-07-27 Denied Response WaivedIFP certificate-of-appealability constitutional-rights due-process ineffective-assistance jury-trial reasonable-doubt strickland-v-washington us-constitution L Whether Petitioner should be granted a Certificate of Appealability pursuant to 28 U.S.C. 2253 on the issue of whether (A) Petitioner was denied hi…
22-5184 Dwayne Stoutamire v. Tim Shoop, Warden Sixth Circuit 2022-07-26 Denied Response RequestedRelisted (3)IFP appellate-review certificate-of-appealability civil-procedure due-process habeas-corpus procedural-default section-2253 standard-of-review state-court-exhaustion Do a paritiones need to dotom oO Ccattifitate of appestabdrtity Sear the duriol of oe Civ via bo (b) motion 2 O13 sho couct of AppaUmls properly appl…
22-5189 Haider Salah Abdulrazzak v. Brent Fluke, Warden, et al. Eighth Circuit 2022-07-26 Denied Response WaivedIFP certificate-of-appealability due-process federal-civil-procedure federal-habeas-proceedings habeas-corpus judicial-bias judicial-discretion procedural-default rule-60b-motion (1) Whether the district court abused its discretion when it denied Abdulrazzak's motion to reopen (alter or amend) final judgment under Fed. R. Civ. …
22-5191 Anis Blemur v. United States Eleventh Circuit 2022-07-26 Denied Response WaivedIFP abuse-of-discretion certificate-of-appealability controlling-precedent district-court eleventh-circuit guilty-plea ineffective-assistance-of-counsel judicial-discretion remand Whether the Eleventh Circuit's denial of a certificate of appealability, where the district court erred or alternatively abused its discretion in hold…
22-5173 Derrick Lamar Cheeks v. Alford Joyner Fourth Circuit 2022-07-25 Denied Response WaivedIFP aedpa brecht certificate-of-appealability collateral-review federal-habeas habeas-corpus prejudice-determination rule-60(b) state-court-prejudice This petition presents two important issues concerning a state court's prejudice determination on direct review, 28 U.S.C. §2254(d); and the appropria…
22-5179 Jon Christopher Stoune v. United States Eleventh Circuit 2022-07-25 Denied Response WaivedIFP appellate-review certificate-of-appealability constitutional-rights due-process equal-protection habeas-corpus ineffective-assistance patent section-2255 standing takings 1) Should the U.S. Supreme Court grant a Certificate of Appealability in light of this Court's decisions and the Petitioner's three §2255 application …
22-5147 Ortavious Devon Wilson v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2022-07-21 Denied Response WaivedIFP almendarez-torres-v-united-states certificate-of-appealability constitutional-rights criminal-procedure jury-trial mandatory-minimum mandatory-sentencing prison-releasee-reoffender sixth-amendment 1. Whether the Petitioner's sentence violated his Sixth Amendment right to a jury trial when the trial court imposed a minimum mandatory sentence of l…
22-5138 Arthur Frank Cardenas v. United States Ninth Circuit 2022-07-19 Denied Response WaivedIFP certificate-of-appealability criminal-procedure due-process firearm-possession habeas-corpus knowledge-element ninth-circuit rehaif-standard rehaif-v-united-states right-to-counsel sentencing In light of this Court's decision in Rehaif v. United States, 139 S.Ct. 2191 (2019) must show that the defendant knew he possessed the firearm and als…
22-5090 Michelle C. Cantatore v. United States Third Circuit 2022-07-13 Denied Response WaivedIFP certificate-of-appealability criminal-history district-court-discretion evidentiary-hearing habeas-corpus ineffective-assistance-of-counsel section-2255 sentencing sentencing-counsel sentencing-disparity Whether the Third Circuit's denial of a certificate of appealability, where the district court erred or alternatively abused its discretion by denying…
22-5066 John Cody, aka Bobby Thompson v. Tim McConahay, Warden Sixth Circuit 2022-07-11 Denied IFP 6th-amendment actual-innocence certificate-of-appealability constitutional-claim debatability-review equal-protection-clause habeas-corpus procedural-default sixth-amendment (1) Does a certificate of appealability ("COA") debatability review pursuant to 28 U.S.C. §2253(c)(2) mean that the COA panel may deny debatability of…
22-5044 Richard Anthony Siler v. United States Eleventh Circuit 2022-07-06 Denied Response WaivedIFP certificate-of-appealability civil-rights consumer-protection data-protection direct-appeal due-process frivolous-claims habeas-corpus judicial-procedure privacy standing writ-of-certiorari 1. Is it legal for a legitimate leads company to sell personal identities under any circumstance? 2. Are juries entitled to factual answers once aski…
22-5045 Shaheed Scott, Sr., aka Rodney L. Scott v. California Department of Corrections and Rehabilitation, et al. Ninth Circuit 2022-07-06 Denied IFP certificate-of-appealability civil-rights confinement-challenge due-process early-release habeas-corpus parole parole-hearing procedural-defect Did the Ninth Circuit Court properly deny habeas petition where petitioner made substantial showing requirement at -least- described a burden that the…
22-5024 Jerod Rodriguez v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2022-07-05 Denied Response RequestedResponse WaivedRelisted (2)IFP certificate-of-appealability criminal-procedure guilty-verdict ineffective-assistance ineffective-assistance-of-counsel miller-el-v-cockrell mistrial postconviction-relief prejudice-prong reasonable-jurists sixth-amendment strickland-standard 1. Whether the prejudice prong set forth in Strickland v. Washington, 466 U.S. 668 (1984), is established if a petitioner/defendant can demonstrate th…
22-5035 Irving Lisboa-Cupely v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2022-07-05 Denied Response WaivedIFP 5th-amendment appellate-review certificate-of-appealability due-process eleventh-circuit manifest-injustice miscarriage-of-justice plain-error Whether the Eleventh Circuit District Court deemed petitioner's due process of law under the Amendment of the U.S. Constitution by to issue a certific…
22-5010 Tedroy Davis v. Jeffrey A. Beard, Warden Ninth Circuit 2022-06-30 Denied Response WaivedIFP certificate-of-appealability constitutional-rights doyle-error doyle-v-ohio due-process ineffective-assistance ineffective-assistance-of-counsel miranda-rights ninth-circuit post-miranda-silence Did the Ninth Circuit misapply the standard for the issuance of a certificate of appealability (COA) articulated by this Court in cases such as Buck v…
21-8259 In Re Johnny Brett Gregory 2022-06-29 Dismissed Response WaivedRelisted (2)IFP appellate-procedure certificate-of-appealability civil-rights due-process federal-courts federal-tort-claims-act habeas-corpus mandamus ninth-circuit standing united-states-court-of-appeals writ-of-certiorari on 2^ 2o2.\ , o-F * / fl/ot/ ct 0-£ h'lt*y ,o4 7'or-i cUt/rts- flc-t [FT cA) rel"tvu /o OhArtat 7Ay /A 1 n (rr*-yry V, Ur\AA /cr$ub/r\ J$6/o^\ . -f…
21-8252 Isaac Jude Rodriguez v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry Ninth Circuit 2022-06-28 Denied IFP appellate-procedure certificate-of-appealability civil-procedure due-process excusable-neglect jurisdiction jurisdictional-time-limit legal-filing procedural-rules state-court writ-of-certiorari VJHer-rPCfc T've /I'P'P cals pjjp I i ^w^/^-pro t//at/p£^riTitfw€Z 'S /ionot-l fofc CerT?T/HCA t£ PP /dpPcALA'S/C/r'f U/^5 P/(/<£]> utJ-ri/WcLH ofc A…
21-8253 Silas Lee Sneed v. United States Third Circuit 2022-06-28 Denied IFP 18-usc-924(c)(8)(a) appellate-review attempted-hobbs-act-robbery certificate-of-appealability crime-of-violence hobbs-act statutory-interpretation third-circuit united-states-v-taylor An attempted Hobbs Act robbery does not qualify as a "crime of violence" under 18 U.S.C. § 924(c)(3)(A) because no element of the offense requires pro…
21-8255 Christopher Alexander Reilly v. United States Fifth Circuit 2022-06-28 Denied Response WaivedIFP 28-usc-2255 appeal appellate-rights certificate-of-appealability due-process ineffective-assistance-of-counsel motion-to-suppress notice-of-appeal section-2255 WHETHER THE DISTRICT COURT AND COURT OF APPEALS SHOULD HAVE GRANTED A CERTIFICATE OF APPEALABILITY, TO ALLOW DEFENDANT REILLY TO APPEAL THE DISTRICT C…
21-8175 Adrian Castro v. United States Fifth Circuit 2022-06-17 Denied Response WaivedIFP appellate-procedure certificate-of-appealability court-of-appeals due-process government-objection habeas-corpus judicial-discretion procedural-jurisdiction sua-sponte sua-sponte-review Where the Court of Appeals itself grants a Certificate of Appealability and specifies the issue to be decided, the parties fully brief the merits, and…
21-8153 Michael Tisius v. Paul Blair, Warden Eighth Circuit 2022-06-16 Denied IFP 8th-circuit certificate-of-appealability conflict-of-interest death-penalty eighth-circuit habeas-corpus ineffective-assistance ineffective-assistance-of-counsel statutory-interpretation The Eighth Circuit redefined and amended Congress's lenient certificate of appealability (COA) standard found in 28 U.S.C.§ 2253 with a more restricti…
21-8147 John P. Tomkins v. United States Seventh Circuit 2022-06-15 Denied Response WaivedRelisted (2)IFP 28-usc-2255 appeals appellate-procedure certificate-of-appealability civil-procedure court-fees due-process federal-prisoners judicial-review section-2255-motion 1. Have the lower courts imposed too high of a standard on federal prisoners who seek a certificate of appealability following the denial of a 28 U.S.…
21-8137 David Lee Green v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2022-06-14 Denied Response WaivedIFP 28-usc-2253 certificate-of-appealability criminal-procedure entrapment ineffective-assistance ineffective-assistance-of-counsel miller-el-v-cockrell reasonable-jurists sixth-amendment strategic-decision undercover-operation 1. 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 ineffe…
21-1558 John Curtis Dewberry v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Divisions Fifth Circuit 2022-06-14 Denied aedpa certificate-of-appealability death-penalty district-court evidentiary-hearing fifth-circuit ineffective-assistance ineffective-assistance-of-counsel minor-sentencing Whether the United States District Court For The Eastern District Of Texas erred in denying Petitioner Dewberry a Certificate of Appealability when it…
21-8055 In Re Shane Jeansonne 2022-06-06 Denied Response WaivedIFP certificate-of-appealability civil-rights due-process fifth-circuit habeas-corpus judicial-procedure pro-se pro-se-petition rules-of-interpretation section-2255 standing pul -f-U nrCO(sh SfalcQi of H,V CH&S /* f%VA*Sh M \t> P^{*- H-€ O <\ pztP^<il S-j-PPZ 0/? q^yq/'i^G Unfif °l i $ fOM>\d '\-0 , T^i(\ n\(AcU [v^y-lirp^…
21-8020 Ronald Mitchell v. United States Eighth Circuit 2022-06-02 Denied Response WaivedIFP §2255-motion 21-usc-841 certificate-of-appealability criminal-procedure drug-abuse drug-distribution heroin-possession ineffective-assistance ineffective-assistance-of-counsel serious-bodily-injury 1. Was trial counsel constitutionally ineffective because she failed to consult or hire an expert witness in drug abuse (rather than toxicology) to in…
21-8024 Demarcus Antonio Taylor v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2022-06-01 Denied IFP certificate-of-appealability civil-procedure constitutional-claim due-process federal-jurisdiction fifth-circuit habeas-corpus judicial-review procedural-bar standing [QUESTION ONE] Did the panel of the Fifth Circuit err by deciding the merit of an appeal not properly before the Court to justify the denial of a Ce…
21-7956 Timothy McClendon v. Chris Brewer, Warden Eighth Circuit 2022-05-25 Denied Response WaivedIFP certificate-of-appealability constitutional-rights fifth-amendment fourteenth-amendment interrogation-technique miranda-rights miranda-v-arizona missouri-v-seibert sixth-amendment WHETHER JURISTS OF REASON COULD DEBATE THE DISTRICT COURT'S CONCLUSION THAT THE DETECTIVES ACTIONS WERE NOT A CORRDINATED TWO-STEP INTERROGATION TECHN…
21-7973 In Re Roberto Villarreal 2022-05-25 Denied IFP 4th-amendment 5th-amendment certificate-of-appealability constitutional-rights criminal-procedure due-process fourth-amendment habeas-corpus liberty-interest marijuana-criminalization 1. Whether applicant/petitioner, denied certificate of appealabihty for habeas relief from the District Court, has no other court to go to but here. …
21-7962 Jimmie Spratt v. Timothy Hooper, Warden Fifth Circuit 2022-05-24 Denied Response WaivedIFP appellate-procedure certificate-of-appealability civil-procedure direct-appeal district-court due-process fifth-circuit judicial-review lozada-precedent lozada-v-deeds The Fifth Circuit Court of Appeals decision that a certificate of appealability is not warranted is in irreconcilable conflict with this Court's decis…
21-7938 Larry Wayne Kimes v. United States Fifth Circuit 2022-05-23 Denied Response WaivedIFP appellate-procedure appellate-review certificate-of-appealability circuit-split civil-procedure due-process federal-rules-of-procedure ineffective-assistance ineffective-assistance-of-counsel judicial-discretion rule-52 Through local rule or case law, some federal appeals courts, including this Court, require lower courts to explain their opinions or orders sufficient…
21-7925 Robert Wallace Smith v. United States Ninth Circuit 2022-05-19 Denied Response WaivedIFP brady-violation certificate-of-appealability civil-procedure equal-protection habeas-corpus ineffective-assistance ineffective-assistance-of-counsel ninth-circuit procedural-default standing 1) Did the Ninth Circuit err by deciding the merit of an appeal not properly before the court to justify the denial of certificate of appealability. …
21-7871 Clifton D. Harvin v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2022-05-13 Denied IFP actual-innocence aedpa aedpa-limitations certificate-of-appealability habeas-corpus ineffective-assistance ineffective-assistance-of-counsel law-of-case law-of-the-case Did the the United States Court of Appeals for the Fifth Circuit impose an improper and unduly burdensome Certificate of A Appealability standard that…
21-1439 Jairus Collins v. Burl Cain, Commissioner, Mississippi Department of Corrections Fifth Circuit 2022-05-13 Denied Response Waived certificate-of-appealability civil-rights constitutional-interpretation due-process fifth-circuit mississippi speedy-trial statutory-construction supreme-court supreme-court-precedent Whether the United States Court of Appeals for the Fifth Circuit erred in denying a Certificate of Appealability to the following issue: Whether Miss.…
21-7837 Cedric D. Burns v. United States Fifth Circuit 2022-05-11 Denied Response WaivedIFP appeal-process buck-v-davis certificate-of-appealability civil-procedure due-process extension-of-time fifth-circuit judicial-procedure motion-for-rehearing standing 1) Did the panel of the Fifth Circuit err by deciding the merit of an appeal not properly before the court to justify the denial of a certificate of …
21-7783 Reynaldo Aviles v. United States Eleventh Circuit 2022-05-05 Denied Response WaivedIFP 18-usc-924c3b 28-usc-2255 certificate-of-appealability circuit-split johnson-v-united-states procedural-default section-2255 vagueness-challenge 1. Whether, given that there is a split in the circuits on the question, reasonable jurists could debate whether controlling circuit precedent preclud…
21-7746 David Piper, Jr. v. United States Fifth Circuit 2022-04-28 Denied Response WaivedIFP 2255-motion aedpa aedpa-deadline certificate-of-appealability constitutional-right due-process equitable-tolling habeas-corpus pro-se pro-se-petition Whether the Court of Appeals denying Piper's 2255 motion to vacate, set aside, or correct his sentence for a Certificate of Appealability reasons were…
21-7692 Manuel Geraldo v. United States Second Circuit 2022-04-26 Denied Response WaivedIFP access-to-courts appellate-procedure certificate-of-appealability constitutional-rights court-of-appeals due-process habeas-corpus judicial-review petitioner-rights procedural-fairness Whether a Court of Appeals Paying Lipservice in denying a COA violates the princples of Due Process in effecting petitioner's opportunity toibe heard.
21-7708 Amit Patel v. Mark Rockwood Second Circuit 2022-04-26 Denied Response WaivedIFP certificate-of-appealability civil-rights constitutional-rights due-process equal-protection free-speech habeas-corpus in-custody When the District Court sua sponte "closed the Courthouse doors" upon "Garden-Variety" reasons, dismissing writ of Habeas corpus for 1) statute of lim…
21-7690 Anthony J. Springer v. Bryan Morrison, Warden Sixth Circuit 2022-04-25 Denied Response WaivedIFP certificate-of-appealability criminal-procedure entrapment-by-estoppel habeas-corpus ineffective-assistance ineffective-assistance-of-counsel michigan-supreme-court pre-trial-defense reasonable-jurist TRAIL AND APPELLATE COUNSEL PROVIDED INEFFECTIVE ASSISTANCE FOR FAILING TO INVESTIGATE AND PRESENT THE PRE-TRIAL DEFENSE OF ENTRAPMENT BY ESTOPPEL. A…
21-7671 Alan E. Strickland v. Scott Crow, Director, Oklahoma Department of Corrections Tenth Circuit 2022-04-21 Denied IFP actual-innocence certificate-of-appealability due-process equitable-tolling habeas-corpus ineffective-assistance-of-counsel pro-se-pleading procedural-default statutory-interpretation timeliness How does the U.S. Court of Appeals for the 10th Circuit justify affirming the decision of the District Court in denying petitioner's petition for COA,…
21-7652 Damian Scott Olvera v. United States Eighth Circuit 2022-04-19 Denied Response WaivedIFP 8th-amendment 8th-circuit certificate-of-appealability circuit-court constitutional-rights due-process federal-procedure habeas-corpus judicial-review miller-el-v-cockrell slack-v-mcdaniel Whether the Eighth Circuit's Court of Appeals misapplied the standard for issuing a Certificate of Appealability as dictated by §2253(c)(2) and this C…
21-7611 John Charles Eichinger v. George Little, Acting Secretary, Pennsylvania Department of Corrections, et al. Third Circuit 2022-04-13 Denied IFP capital-trial certificate-of-appealability due-process homicide ineffective-assistance-of-counsel plea-bargaining remorse remorse-mitigation right-to-counsel sixth-amendment In upholding counsel's overall remorse-based strategy as reasonable, did the Third Circuit violate the rule of Hill v. Lockhart, 474 U.S. 52 (1985), a…
21-7604 Antonio U. Akel v. United States Eleventh Circuit 2022-04-12 Dismissed Response WaivedIFP certificate-of-appeal certificate-of-appealability civil-rights constitutional-rights due-process eleventh-circuit federal-rules-of-civil-procedure habeas habeas-corpus procedural-access standing WHETHER THE ELEVENTH CIRCUIT COURT OF APPEALS APPROACH AND PRACTICE WHEN THE CERTIFICATE OF APPEAL AND ITS DOCKET CONTENT ARE SIGNIFICANTLY OUT OF STE…
21-7582 Francisco Abreu Tartabull v. United States Eleventh Circuit 2022-04-08 Denied Response WaivedIFP 11th-circuit 28-usc-2255 certificate-of-appealability district-court eleventh-circuit evidentiary-hearing habeas-corpus ineffective-assistance-counsel ineffective-assistance-of-counsel section-2255 Whether the Eleventh Circuit's denial of a certificate of appealability, where the district court erred or alternatively abused its discretion by deny…
21-7546 Ronald Scott Eddington v. Josh Tewalt, Director, Idaho Department of Correction Ninth Circuit 2022-04-05 Denied Response WaivedIFP certificate-of-appealability due-process federal-habeas-review habeas-corpus ineffective-assistance-of-counsel strickland-standard strickland-v-washington supreme-court-precedent united-states-v-decoster wilson-v-sellers 1. Should the Ninth Circuit or the Federal District Court of Idaho have issued a COA on Petitioner's claims based on the evidence that Idaho courts co…
21-7552 Kalvin Bishop v. Thomas McGinley, Superintendent, State Correctional Institution at Coal Township, et al. Third Circuit 2022-04-05 Denied Response WaivedIFP adequate-grounds appellate-procedure certificate-of-appealability circuit-court-of-appeals debatable-issue due-process habeas-corpus judicial-review legal-standard procedural-error third-circuit 1. Whether the Third Circuit Court of Appeals erred when the Court dismissed Petitioner's application for certificate of appealability when other juri…
21-7493 Thomas Carl Bruni v. Craig Apple, Sheriff, Albany County, New York Second Circuit 2022-03-29 Denied IFP appeals appellate-procedure certificate-of-appealability civil-rights counsel-appointment due-process evidentiary-hearing federal-jurisdiction habeas-corpus standing Question not identified.
21-7494 David Samuels v. United States Fifth Circuit 2022-03-29 Denied Response WaivedIFP certificate-of-appealability civil-rights constitutional-rights court-of-appeals crime-of-violence district-court due-process fraud habeas-corpus legal-claims standing Did Petitioner make a Substantial Shawing of a derial of a Constitutional right. As required by 28usc 2253@)I Did the Caurt of Apeals err in denying …
21-7415 Matthew Rausenberg v. Don Langford, Warden Sixth Circuit 2022-03-18 Denied Response WaivedIFP certificate-of-appealability civil-rights constitutional-rights custody-analysis custody-determination due-process habeas-corpus interrogation-circumstances miranda-warnings police-interrogation Whether reasonable jurists could debate the issue of custody for Miranda purposes, as various state and federal courts have, when an individual has be…
21-7411 Richard E. Platt v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2022-03-17 Denied Response WaivedIFP 11th-circuit appellate-review certificate-of-appealability due-process habeas-corpus procedural-default slack-standard slack-v-mcdaniel standard-of-review WHETHER THE 11™ CIRCUIT COURT OF APPEALS ERRED IN DENYING THE CERTIFICATE OF APPEALABILITY PURSUANT TO SLACK V. MCDANIEL, 529 U.S.473, 120 S.Ct. 1595 …
21-7383 Francis B. Armah v. Janet Dowling, Warden Tenth Circuit 2022-03-16 Denied IFP abrogation access-to-courts appellate-procedure certificate-of-appealability due-process habeas-corpus judicial-review pro-se pro-se-litigant supreme-court-precedent tenth-circuit Whether the United States Court of Appeals for the Tenth Circuit rendered an unreasonable application of Holland v. Florida, 560 U.S. 631 (2010) witho…
21-7358 Joseph Elliott v. George Little, Acting Secretary, Pennsylvania Department of Corrections, et al. Third Circuit 2022-03-14 Denied Response WaivedIFP capital-case certificate-of-appealability confrontation-clause ineffective-assistance jury-selection out-of-court-statements right-to-counsel strickland-standard strickland-v-washington trial-preparation 1. Whether, in accordance with Miller-El v. Cockrell, 537 U.S. 322, 327 (2003), Petitioner made a showing that reasonable jurists would debate whether…
21-7363 Jessie Vornell Lewis v. John Davids, Warden Sixth Circuit 2022-03-14 Denied Response WaivedIFP certificate-of-appealability constitutional-rights due-process habeas-corpus judicial-review jurists-of-reason sixth-circuit united-states-court-of-appeals united-states-district-court Did the United States District Court for the Western District of Michigan and the United States Court of Appeals for the Sixth Circuit erroneously den…
21-7343 Harry Hueston v. United States Second Circuit 2022-03-11 Denied Response WaivedIFP appellate-procedure certificate-of-appealability civil-procedure due-process equitable-tolling habeas-corpus ineffective-assistance judicial-discretion legal-remedy procedural-default timeliness I. WHETHER IT WAS ERROR FOR THE SECOND CIRCUIT TO DENY HUESTION THE RIGHT TO FILE AN APPEAL OR COA WHEN TIMELINESS WAS THE RESULT OF FACTS BEYOND HIS …
21-7334 Gregory Todd Numann v. United States Ninth Circuit 2022-03-10 Denied Response WaivedIFP 28-usc-2255 certificate-of-appealability child-pornography criminal-procedure evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel password-protected-device plea-bargaining Whether the Court of Appeals for the Ninth Circuit erred in denying Mr. Numann's motion for certificate of appealability of the denial of his 28 USC 2…
21-7326 Edison Burgos-Montes v. United States First Circuit 2022-03-09 Denied Response WaivedIFP 28-usc-2255 certificate-of-appealability due-process habeas-corpus judicial-review prisoner-motion record-development summary-dismissal Whether a court of appeals may deny a certificate of appealability to a prisoner whose 28 U.S.C. § 2255 motion is summarily denied even though the rec…
21-7297 Jaime B. Garcia v. Warren L. Montgomery, Warden Ninth Circuit 2022-03-07 Denied Response WaivedIFP certificate-of-appealability criminal-procedure due-process first-degree-murder habeas-corpus jury-instructions legal-theory prosecutorial-concession reasonable-jurists standard-of-review Because the appellate court must issue a certificate of appealability ("COA") when the issue is debatable among jurists of reason, should the Ninth Ci…
21-7276 Julio Rodriguez v. United States Eleventh Circuit 2022-03-04 Denied Response WaivedIFP certificate-of-appealability circuit-precedent civil-rights criminal-conviction criminal-procedure due-process federal-courts habeas-corpus harmless-error residual-clause standing unconstitutional-vagueness 1. Whether a certificate of appealability can be issued despite controlling circuit authority to the contrary. 2. Whether a general verdict that was …
21-7262 Bartholomew Antonio Guzman v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2022-03-03 Denied IFP buck-v-davis certificate-of-appealability constitutional-rights due-process federal-habeas-proceeding federal-jurisdiction habeas-corpus rule-60(b) Davis / 1: Whether this Court's decision in Buck v. QUESTION No. 137 S.Ct. 759 (2017) foreclosed the Petitioner's argument that a COA is not required…
21-7271 Matthew Moore v. Thomas Mackie, Warden Sixth Circuit 2022-03-03 Denied Response WaivedIFP certificate-of-appealability criminal-procedure criminal-sexual-conduct due-process fourteenth-amendment habeas-corpus ineffective-assistance sixth-amendment WAS DEFENDANT-PETITIONER DENIED EFFECTIVE ASSISTANCE OF COUNSEL AND UNCONSTITUTIONALLY COERCED INTO TAKING A PATERNITY BLOOD TEST IN JUVENILE COURT TH…
21-7233 William Sardinas v. United States Eleventh Circuit 2022-03-01 Denied IFP attempted-hobbs-act-robbery certificate-of-appealability circuit-split constitutional-vagueness crime-of-violence crimes-of-violence hobbs-act johnson-v-united-states procedural-default united-states-v-taylor 1. Whether a certificate of appealability is warranted on the question of whether attempted Hobbs Act robbery is a crime of violence, where this Court…
21-7164 Charles Pyne v. United States Fourth Circuit 2022-02-22 Denied Response WaivedIFP certificate-of-appealability circuit-split civil-procedure federal-rules-civil-procedure federal-rules-of-civil-procedure habeas-corpus magistrate-judge post-conviction-relief subject-matter-jurisdiction unreviewable-determination 1. Whether a certificate of appealability should issue where there is a conflict in the Circuits concerning the ability to employ Fed.R.Civ.P. 60(b) b…
21-7135 Daniel Joseph Dawson v. Jeremy Larson, Warden Eighth Circuit 2022-02-16 Denied Response WaivedIFP certificate-of-appealability constitutional-rights due-process effective-counsel eighth-circuit supreme-court-precedent writ-of-certiorari (1)Whether acircuit court candeny acertificate ofappealability when theApplicant has made asubstantial showing ofthedenial ofimportant constitutional …
21-7131 Bobby Ray Jones v. Phillip Mitchell, Warden, et al. Eleventh Circuit 2022-02-15 Denied IFP actual-innocence certificate-of-appealability constitutional-rights due-process habeas-corpus judicial-review pro-se schlup-v-delo slack-v-mcdaniel WHETHER THE COURTS BELOW ERRED IN DENYING JONES A CERTIFICATE OF APPEALABILITY TO REVIEW THE COURTS ERRONEOUS AND CONTRARY APPLICATION OF THIS COURT'S…
21-7109 Jamie Mills v. John Q. Hamm, Commissioner, Alabama Department of Corrections Eleventh Circuit 2022-02-14 Denied IFP certificate-of-appealability confrontation-clause crawford-v-washington due-process forensic-evidence habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prejudice Whether, given that the district court's agreement that Mr. Mills was denied the opportunity to confront the forensic analyst in this case, did Mr. Mi…
21-7112 Sophana Sovann v. Chad Wakefield, Superintendent, State Correctional Institution at Smithfield, et al. Third Circuit 2022-02-14 Denied Response WaivedIFP appeal certificate-of-appealability civil-procedure civil-rights due-process habeas-corpus notice-of-judgment pro-se right-to-appeal Was a pro se state prisoner denied his right to appeal the District Court's order denying his habeas corpus petition where state prisoner never receiv…
21-7096 Daniel Lee Reed v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2022-02-10 Denied IFP 6th-amendment certificate-of-appealability constitutional-error habeas habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prejudice procedural-bar sixth-amendment QUESTION #1). Did the Fifth Circuit Court of Appeals err in denying Petitioner a Certificate of Appealibility where the record holds a clear showing…
21-7074 Benny Dennis v. United States Fifth Circuit 2022-02-08 Denied Response WaivedIFP certificate-of-appealability civil-procedure due-process fifth-circuit guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargaining standing supreme-court-precedent 1) Did the panel of the Fifth Circuit err by deciding the merit of an appeal not properly before the court to justify the denial of a certificate of a…
21-1099 Thomas Clayton Steres v. Kevin Curran, Warden, et al. Ninth Circuit 2022-02-08 Denied Response Waived cell-phone-search certificate-of-appealability constitutional-rights criminal-procedure fourth-amendment habeas-corpus ineffective-assistance plea-bargaining right-to-counsel sixth-amendment 1. Whether Thomas Steres received ineffective assistance of counsel in violation of the Sixth Amendment? 2. Whether the search of Mr. Steres' cell ph…
21-7029 David Pedder v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2022-02-01 Denied IFP 14th-amendment actual-innocence appellate-review brady-v-maryland certificate-of-appealability constitutional-rights due-process habeas-corpus substantial-availability-test QUESTION No. 1: Whether a federal habeas petitioner is deprived of his constitutional rights to Due Process as implicated by the 14TH Amendment to the…
21-6978 In Re Isaiah Harris 2022-01-27 Denied Relisted (2)IFP brady-chambers certificate-of-appealability civil-rights constitutional-rights due-process exceptional-circumstances judicial-discretion mandamus sixth-circuit ultra-vires Harris' case presents exceptional circumstances that warrant exercise of this Court's discretionary power. Because of the willful disobedience or adop…
21-6962 Robert Eugene Plaster v. Michael Burgess, Warden Sixth Circuit 2022-01-26 Denied Response WaivedIFP 6th-circuit certificate-of-appealability constitutional-rights denial-of-rights district-court due-process habeas-corpus judicial-review sixth-circuit I. DID THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN AND THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT ERRONEOUSLY …
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 Johnnie Byrd's case raises an issue of national importance in the wake of our Criminal Justice Systems efforts to regain the publics confidence in it…
21-6901 Wilbert Mathes v. United States Fifth Circuit 2022-01-18 Denied Response WaivedIFP appellate-counsel certificate-of-appealability criminal-procedure drug-quantity drug-quantity-enhancement evidentiary-hearing fifth-circuit ineffective-assistance ineffective-assistance-of-counsel leadership-enhancement sentencing sentencing-errors Whether the Fifth Circuit's denial of a certificate of appealability, where the district court erred or alternatively abused its discretion by conclud…
21-6863 Nesly Loute v. United States Eleventh Circuit 2022-01-14 Denied Response WaivedIFP abuse-of-discretion appellate-review certificate-of-appealability district-court evidentiary-hearing habeas-corpus ineffective-assistance-counsel ineffective-assistance-of-counsel remand section-2255 Whether the Eleventh Circuit's denial of a certificate of appealability, where the district court erred or alternatively abused its discretion by deny…
21-6846 Juan Jose Reynoso v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2022-01-13 Denied IFP certificate-of-appealability fifth-circuit habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-review mitigation-evidence prejudice sixth-circuit supervisory-power tenth-circuit trial-counsel Whether the Fifth Circuit has "so far departed from the accepted and usual course of judicial proceedings, ... as to call for an exercise of this Cour…
21-6817 Rufus B. Jones v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2022-01-12 Denied Response WaivedIFP 28-usc-2253 certificate-of-appealability criminal-procedure ineffective-assistance ineffective-assistance-of-counsel plea-bargaining plea-offer sixth-amendment stand-your-ground victim-deposition 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…
21-6831 Albert L. Richardson, Jr. v. United States Seventh Circuit 2022-01-12 Denied Response WaivedIFP certificate-of-appealability drug-effects habeas-corpus ineffective-assistance-of-counsel sixth-amendment taped-interrogation Question not identified.
21-6812 Manuel Gerardo Velasquez v. United States Fifth Circuit 2022-01-11 Denied Response WaivedIFP certificate-of-appealability district-court-hearing due-process fifth-circuit ineffective-assistance ineffective-assistance-of-counsel Lafler-v-Cooper life-sentence Did the Fifth Circuit court of appeals err when it refused to grant a certificate of appealability, when the record clearly showed that Velasquez had …
21-6806 Armin Wand, III v. Gary Boughton, Warden Seventh Circuit 2022-01-10 Denied IFP appellate-review certificate-of-appealability coerced-confession confession-suppression constitutional-provisions due-process manifest-injustice newly-discovered-evidence plea-withdrawal stay-of-proceedings unreliable-confession 1. SHOULD ARMIN WAND, III S SEPTEMBER 9, 2012 STATEMENT HAVE BEEN SUPPRESSED? 2. DOES THE COERCED UNRELIABLE CONFESSION PROVIDE A MANIFEST INJUSTICE …
21-6757 Dimitar Petlechkov v. United States Sixth Circuit 2022-01-04 Denied Response WaivedIFP certificate-of-appealability due-process effective-assistance-of-counsel fair-trial fifth-amendment first-amendment judicial-review judicial-reviewability perjury sixth-amendment Question 1: Is judicial reviewability of a trial attorney's failure to impeach a key prosecution witness with regard to the most critical and material…
21-6748 Jose Luis Wong v. United States Eleventh Circuit 2021-12-30 Denied IFP certificate-of-appealability circuit-split constitutional-vagueness crime-of-violence criminal-law federal-courts habeas-corpus hobbs-act procedural-default vagueness-doctrine 1. Whether a certificate of appealability is warranted on the question of whether attempted Hobbs Act robbery is a crime of violence, where this Court…
21-950 Ker'Sean Olajuwa Ramey v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-12-29 Denied 28-usc-2254 batson-claim batson-v-kentucky certificate-of-appealability fifth-circuit ineffective-assistance martinez-trevino peremptory-strike racial-bias 1. In rejecting Ramey's claim for relief under Batson v. Kentucky, 476 U.S. 79 (1986) ("Batson Claim") and ignoring Ramey's argument that 28 U.S.C. § …
21-6733 Freddie Cleveland v. Chad Wakefield, Superintendent, State Correctional Institution at Smithfield, et al. Third Circuit 2021-12-27 Denied IFP actual-innocence certificate-of-appealability civil-procedure discretionary-review due-process federal-rules-of-civil-procedure gonzalez-v-crosby mens-rea rule-60b6 third-circuit Did the District Court and the Court of Appeals for the Third Circuit abuse its discretion when not granting Petitioner's certificate of appealability…
21-6703 Joshua Cumberland v. Darrel Vannoy, Warden Fifth Circuit 2021-12-22 Denied Response WaivedIFP 28-usc-2254 actual-innocence certificate-of-appealability constitutional-rights district-court fifth-circuit habeas-corpus statutory-provisions timeliness (1) Whether the United States Court of Appeals for the Fifth Circuit properly denied petitioner's Motion for Certificate of Appealability ("COA") as t…
21-6705 Robert Tracy Warterfield v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-12-22 Denied IFP aedpa certificate-of-appealability conflict-of-interest contracts-clause district-court due-process final-judgment habeas-corpus interlocutory-appeal jurisdiction plea-agreement sixth-amendment 1) Does a United States.Court of Appeals have jurisdiction pursuant to 28 U.S.C. §1291 to deny a Motion for a Certificate of Appealability when the Di…
21-6676 Mario Murillo-Mora v. United States Eighth Circuit 2021-12-21 Denied Response WaivedIFP certificate-of-appealability circuit-court district-court due-process garza-v-idaho habeas-corpus ineffective-assistance-of-counsel judicial-review precedent-interpretation roe-v-flores-ortega Whether Circuit Courts of Appeals can Properly Summarily Deny Issuance of a Certificate of Appealability to a Habeas Petitioner when the District Cour…
21-6619 Jeremiah Y. Nation v. Scott R. Frakes, Director, Nebraska Department of Correctional Services Eighth Circuit 2021-12-15 Denied Response WaivedIFP appellate-jurisdiction certificate-of-appealability constitutional-violation evidentiary-hearing fourth-amendment habeas-corpus judicial-process legal-review procedural-grounds procedural-review state-court state-court-petition Should a Certificate of Appedability be issued on a Fourth Amendment claim in a Habeas Corpus petition if there Las a dispute in the l.s. District Cou…
21-6625 Derrick Harrell v. United States Eleventh Circuit 2021-12-15 Denied Response WaivedIFP certificate-of-appealability circuit-precedent circuit-split crime-of-violence criminal-law due-process federal-criminal-procedure hobbs-act physical-force sentencing statutory-interpretation 1. Whether Hobbs Act robbery under 18 U.S.C. § 1951(b) is a crime of violence for purposes of 18 U.S.C. § 924(c)(3)(A), i.e., one that "has as an elem…
21-6580 Kevin Johnson v. Troy Steele, Warden Eighth Circuit 2021-12-13 Denied IFP appellate-review batson-claim Batson-v-Kentucky capital-habeas capital-punishment certificate-of-appealability certificates-of-appealability eighth-circuit habeas-corpus ineffective-assistance ineffective-assistance-of-counsel Martinez-v-Ryan 1. Does the Eighth Circuit's practice of issuing unexplained blanket denials of certificates of appealability in capital habeas cases conflict with 28…
21-6585 Freddy Crespo v. United States Eleventh Circuit 2021-12-13 Denied Response WaivedIFP buck-v-davis certificate-of-appealability circuit-split criminal-procedure due-process eleventh-circuit habeas-corpus miller-el-v-cockrell supreme-court-precedent 1. Whether the Eleventh Circuit's rule that a certificate of appealability cannot be granted where an issue is foreclosed by circuit precedent conflic…
21-6588 Amy Bishop Anderson v. Deidra Wright, Warden, et al. Eleventh Circuit 2021-12-13 Denied Response WaivedRelisted (2)IFP certificate-of-appealability claim-exhaustion cumulative-error effective-assistance-of-counsel exhaustion-of-remedies habeas-corpus ineffective-assistance-of-counsel merits-determination voluntariness-of-plea voluntary-plea Charged and convicted of capital murder, sentenced to Life Without Parole Question 1: Whether the 11th Circuit Court used a merits determination to d…
21-6407 Roy Thomas Phillips v. United States Eleventh Circuit 2021-11-24 Denied Response WaivedIFP certificate-of-appealability constitutional-claim constructive-denial-of-counsel due-process ineffective-counsel liberal-reading merits plea-proceedings plea-stage pro-se pro-se-petitioners 1. The factual determination for denying the certificate of appealability was wrong and reversal is warranted. 2. Pro-se petitioners are to be given …
21-6374 Howard Paul Guidry v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-11-23 Denied IFP certificate-of-appealability confrontation-clause confrontation-rights exculpatory-evidence fifth-circuit habeas-corpus ineffective-assistance ineffective-assistance-of-counsel procedural-default racial-discrimination Whether the Fifth Circuit, in this appeal of the denial of a certificate of appealability, improperly addressed the merits of the habeas claims rather…
21-6375 Thomas Dudney v. Jeff Macomber, Warden Ninth Circuit 2021-11-22 Denied IFP certificate-of-appealability confrontation-clause due-process exculpatory-evidence hearsay-evidence ineffective-assistance ineffective-assistance-of-counsel perjury sixth-amendment Thomas Dudney's conviction when actually innocent highlights a national issue: the unacceptably high rate of such convictions, reflected in numerous e…
21-754 Travis Levi Parrott v. Murray Tatum, Warden Georgia 2021-11-22 Denied Response Waived appeal-denial certificate-of-appealability certificate-of-probable-cause constitutional-right effective-assistance-of-counsel extraneous-evidence georgia-supreme-court habeas-corpus ineffective-assistance-of-counsel prior-convictions procedural-default Whether the Georgia Supreme Court Erred in Denying Mr. Parrott's Application for Certificate of Probable Cause to Appeal the Denial of His Petition fo…
21-6329 Steven Blakeney v. United States Eighth Circuit 2021-11-18 Denied Response WaivedIFP appellate-procedure certificate-of-appealability due-process eighth-circuit evidentiary-hearing habeas-corpus judicial-review procedural-standard summary-reversal Whether this Court should summarily reverse the Eighth Circuit's denial of a COA where the underlying issues were clearly debatable by jurists of reas…
21-6276 Terrell B. Sullivan v. United States Eighth Circuit 2021-11-16 Denied Response WaivedIFP certificate-of-appealability circuit-split eighth-circuit habeas-corpus ineffective-assistance-of-counsel judicial-review kisor-v-wilkie united-states-v-havis united-states-v-winstead Whether the Eighth Circuit Erred in Holding that Petitioner's Issue on "Certificate of Appealability" Was Not Debatable Among Jurists of Reason, When …
21-6292 Jason R. Bohlinger v. Ron Neal, Warden Seventh Circuit 2021-11-16 Denied Response WaivedIFP appellate-review certificate-of-appealability civil-procedure constitutional-claim due-process federal-district-court habeas-corpus section-2254 standing Issue I: Whether the Northern District of Indiana erred by denying Bohlinger habeas relief as untimely under section 2254 habeas corpus Rule 4, and by…
21-6283 Jamie Joe Dulus v. United States Ninth Circuit 2021-11-15 Denied Response WaivedIFP 18-usc-113a3 assault-with-dangerous-weapon certificate-of-appealability circuit-split collateral-review federal-assault-with-dangerous-weapon jurisdictional-claim mandatory-minimum-sentence procedural-default violent-physical-force 1. Federal assault with a dangerous weapon does not require as an element the use, attempted use, or threatened use, of violent physical force. Rather…
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…
21-6244 Kirk Wayne McBride, Sr. v. Texas Fifth Circuit 2021-11-10 Dismissed IFP certificate-of-appealability constitutional-rights double-jeopardy due-process federal-habeas federal-jurisdiction habeas-corpus state-court-conviction state-court-proceedings IS A STATE FEDERAL HABEAS PETITIONER PURSUANT TO A PROCEEDING UNDER TITLE 28 U.S.C SECTION 2241 REQUIRED TO OBTAIN A CERTIFICATE OF APPEALABILITY TO A…
21-6187 James E. Lyons v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2021-11-05 Denied Response WaivedIFP certificate-of-appealability due-process habeas-corpus ineffective-assistance-of-counsel postconviction-relief sixth-amendment WHETHER THE 11TH CIRCUIT COURT OF APPEALS SHOULD HEAR AND RULE UPON PETITIONER'S CERTIFICATE OF APPEALABILITY THAT WAS DENIED AND ALLEGED THAT TRIAL C…
21-6197 Lance Arnold Kingbird v. Vicki Janssen, Warden Eighth Circuit 2021-11-05 Denied Response WaivedIFP 28-usc-2253 certificate-of-appealability circuit-split federal-court-procedure federal-courts habeas-corpus judicial-review reasonable-jurists similar-facts statutory-interpretation 1. In deciding whether to issue a certificate of appealability under 28 U.S.C. § 2253, may a federal court find that "reasonable jurists would not dis…
21-6203 Michael Walker v. Josh Shapiro, Attorney General of Pennsylvania, et al. Third Circuit 2021-11-05 Denied IFP actual-innocence certificate-of-appealability habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mcquiggin-v-perkins rule-60(b)(6) strickland-v-washington trial-counsel As a result of the United States District Court for the Middle District of Pennsylvania in denying Petitioner's Motion for Relief pursuant to Rule 60(…
21-6134 Victor Rosales v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-11-02 Denied Relisted (2)IFP certificate-of-appealability collateral-proceedings collateral-review constitutional-right constitutional-rights direct-appeal douglas-v-california due-process evitts-v-lucey indigent-prisoner ineffective-assistance ineffective-assistance-of-counsel 1. DOES A TEXAS PRISONER HAVE A CONSTITUTIONAL RIGHT TO APPOINTMENT OF EFFECTIVE ASSISTANCE OF COUNSEL IN COLLATERAL PROCEEDINGS WHICH PROVIDE THE ONL…
21-6152 Keith Arthur Vinson v. United States Fourth Circuit 2021-11-02 Denied Response WaivedIFP 6th-amendment certificate-of-appealability counsel-performance criminal-defense criminal-procedure habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargain sixth-amendment 1. Did the Court of Appeals err in denying a certificate of appealability over trial counsel's potential ineffectiveness in the plead-vs-trial decisio…
21-6096 In Re Byron T. McCollum 2021-10-27 Denied Response WaivedIFP 28-usc-2253 certificate-of-appealability due-process eleventh-circuit habeas-corpus jurisdictional-challenge mandate-recall pro-se-prisoner procedural-due-process void-judgment 1. Whether the Eleventh Circuit Court of Appeals can refuse to consider and rule upon a duly filed Motion to Recall Mandate, the basis of said motion …
21-6099 Sandchase Cody v. United States Eleventh Circuit 2021-10-27 Denied Amici (1)IFP 28-usc-2255 certificate-of-appealability circuit-split collateral-review due-process federal-appellate-courts habeas-corpus remedy-selection section-2255 sentencing Whether an individual must obtain a certificate of appealability to appeal the district court's choice of remedy following the grant of relief under 2…
21-6071 Aldridge Robinson, et al. v. United States Fourth Circuit 2021-10-26 Denied Response WaivedIFP 18-usc-924 certificate-of-appealability crime-of-violence criminal-law criminal-statute federal-criminal-procedure hobbs-act section-1951 section-924c sentencing statutory-interpretation violent-crime Whether Hobbs Act Robbery in violation of 18 U.S.C. § 1951 is a "crime of violence" as defined by 18 U.S.C. § 924(c)(3).
21-6053 Jimmie Barge v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2021-10-22 Denied Response WaivedIFP alleyne apprendi apprendi-violation certificate-of-appealability confrontation-clause due-process equal-protection fifth-amendment prison-releasee-reoffender sixth-amendment Is the Florida State trial court erring when sentencing Petitioner to minimum mandatory term of life in prison because the Prison Releasee Reoffender …
21-6036 Brian David Hill v. United States Fourth Circuit 2021-10-21 Denied Response WaivedRelisted (2)IFP actual-innocence aedpa aedpa-limitations certificate-of-appealability constitutional-rights due-process fraud-on-court fraud-on-the-court habeas-corpus Where the U.S. Court of Appeals didn't properly grant a Certificate of Appealability to an improperly dismissed §2255 Motion/Case asserting Actual Inn…
21-5964 Robert L. Kelly v. Garrett Laney, Superintendent, Oregon State Correctional Institution Ninth Circuit 2021-10-14 Denied Response WaivedIFP certificate-of-appealability civil-rights court-access due-process equitable-tolling habeas-corpus procedural-default standing state-procedural-requirements Whether the Court should issue a grant of certiorari, vacatur, and remand to the Court of Appeals for issuance of a certificate of appealability when …
21-5972 Alfredo Camargo v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. Ninth Circuit 2021-10-14 Denied Response RequestedResponse WaivedRelisted (2)IFP certificate-of-appealability circuit-split federal-court federal-habeas habeas-corpus procedural-decision procedural-default reasoned-decision substantial-claim I. Whether a certificate of appealability should issue as a matter of course where reasonable jurists — here, the district court and the magistrate ju…
21-5943 Brandon Ward v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2021-10-12 Denied IFP 28-usc-2253 appellate-counsel certificate-of-appealability character-evidence ineffective-assistance ineffective-assistance-of-counsel trial-counsel use-of-force witness-testimony 1. 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 trial …
21-527 Jeffery Mitchell v. Leonta Jackson, Warden Seventh Circuit 2021-10-08 Denied aedpa buck-v-davis certificate-of-appealability constitutional-challenge habeas-corpus slack-v-mcdaniel statute-of-limitations void-ab-initio void-statute 1) Has the Supreme Court of the United States Abandoned its own precedent in Norton v. Shelby County, 118 U.S. 425, 6 S.Ct. 1121, 30 L.Ed. 178 (1886),…
21-5925 Denworth Davidson v. Thomas Griffin, Superintendent, Green Haven Correctional Facility, et al. Second Circuit 2021-10-07 Denied Response WaivedIFP certificate-of-appealability constitutional-rights due-process fair-trial ineffective-assistance ineffective-assistance-of-counsel procedural-default prosecutorial-misconduct sixth-amendment 1. Whether, as a threshold matter, Petitioner has shown that his federal constitutional right to a fair trial and due process was violated by the pros…
21-5915 Thomas D. Holmes v. Randy Gibbs, Warden Eighth Circuit 2021-10-06 Denied IFP appellate-review certificate-of-appealability constitutional-rights criminal-procedure criminal-statute defendant-rights due-process habeas-corpus judicial-procedure oral-verdict precedent sentencing Whether a Certificate of Appealability should have issued on the question of whether a Defendant can be imprisoned pursuant to an orally pronounced ve…
21-5906 Michael Jerome Pettway v. United States Sixth Circuit 2021-10-05 Denied Response WaivedIFP certificate-of-appealability constitutional-rights due-process guilty-plea ineffective-assistance notice-of-appeal rule-11 section-924(c) sixth-amendment QUESTION NUMBER ONE: Whether Petitioner Pettway's ex-lawyer provided him with ineffective assistance of counsel by failing to object to.Rule 11 (b) …
21-5859 Shikeb Saddozai v. Rob Bonta, Attorney General of California, et al. Ninth Circuit 2021-10-04 Denied IFP actual-innocence aedpa-statute brady-material certificate-of-appealability constitutional-rights habeas habeas-corpus ineffective-assistance-of-counsel prima-facie-case statute-of-limitations 1. Whether Petitioner seeking a COA demonstrated a substantial showing of the denial of a Constitutional right and that jurist of reason would find i…
21-5873 Justin Douglas Jones v. United States Ninth Circuit 2021-10-04 Denied Response WaivedIFP 18-usc-924(c) certificate-of-appealability crime-of-violence federal-prisoner hobbs-act ninth-circuit physical-force sentencing-enhancement Should the Ninth Circuit have issued a certificate of appealability on the issue of whether conviction for Hobbs Act robbery qualified as a "crime of …
21-5852 Jay Warren Arnold v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-10-01 Denied IFP certificate-of-appealability constitutional-claims constitutional-rights de-novo-review due-process equitable-tolling extraordinary-circumstances federal-habeas pro-se-litigation procedural-inquiry state-collateral-review The Fifth Circuit Court of Appeals has denied a COA in this Cause by applying Slack v. McDaniel, 529 U.S. 473, 484 (2000) in a vague and conclusory ma…
21-5809 In Re Dwayne Stoutamire 2021-09-29 Dismissed IFP actual-innocence certificate-of-appealability due-process free-standing habeas-corpus pro-se-status procedural-bar procedural-default standing Does the constitution recognize free-standing claims of Actual inNoceNcy? the facts presented meet the standard Articulated in Schlop v.Dlo, 513 U.5.…
21-5822 Tahji Antonio Eley, et al. v. United States Fourth Circuit 2021-09-29 Denied Response WaivedIFP appeal certificate-of-appealability crime-of-violence criminal-law due-process federal-jurisdiction hobbs-act-robbery section-924(c) sentencing statutory-interpretation Whether Hobbs Act Robbery in violation of 18 U.S.C. § 1951 is a "crime of violence" as defined by 18 U.S.C. § 924(c)(3).
21-5778 Jeffrey Glenn Hutchinson v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2021-09-24 Denied IFP appellate-procedure certificate-of-appealability circuit-court circuit-split district-court habeas-corpus judicial-review legal-standard merits-analysis merits-ruling standard-of-review 1. Does a court of appeals violate the threshold certificate of appealability (COA) standard when it adopts the district court's merits rulings as…
21-5788 Paul Joseph Begnoche, Sr. v. Melinda Adams, Superintendent, State Correctional Institution at Mercer, et al. Third Circuit 2021-09-24 Denied IFP certificate-of-appealability due-process equal-protection habeas-corpus judicial-discretion judicial-neglect judicial-partiality jurisdiction statutory-jurisdiction third-circuit This case before the Honorable Court through its Materiality of (5) years of impermissible Inordinate Delays presents important issues in the interest…
21-5741 Jonathan Godwin v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2021-09-21 Denied Response WaivedIFP 28-usc-2253 abandonment-of-claims certificate-of-appealability constitutional-claim constitutional-claims district-court habeas-corpus procedural-ruling procedural-rulings slack-v-mcdaniel 1. WHETHER AN APPLICANT HAS TO DEMONSTRATE BOTH THE DEBATABILITY OF CONSTITUTIONAL CLAIM(S) AND THE DEBATABILITY OF PROCEDURAL RULING(S), BEFORE ISSUA…
21-422 Steven Hatton v. Mark S. Inch, Secretary, Florida Department of Corrections Eleventh Circuit 2021-09-20 Denied Response Waived 28-usc-2253 appellate-procedure certificate-of-appealability counsel-claims due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-review sixth-amendment Whether the court of appeals improperly denied the Petitioner a certificate of appealability under 28 U.S.C. § 2253(c) on his ineffective assistance o…
21-5702 Ronald Webster v. Scott Dauffenbach, Warden, et al. Tenth Circuit 2021-09-17 Denied IFP 28-usc-2253 appellate-review certificate-of-appealability constitutional-right constitutional-rights district-court habeas-corpus jurists-of-reason procedural-ruling procedural-rulings Whether the United States Court of Appeals Erred by failing to Issue a Certificate of Appealability (COA) Pursuant to 28 U.S.C. § 2253(c)(1)(A), becau…
21-402 Akari Williams v. United States Fifth Circuit 2021-09-14 Denied Response Waived certificate-of-appealability exigent-circumstances fourth-amendment general-search-warrant ineffective-assistance-of-counsel motion-to-suppress Failing to file a suppression motion is not per se ineffective assistance of counsel. Kimmelman v. Morrison, 477 U.S. 365, 106 S.Ct. 2574, 91 L.Ed.2d …
21-5647 Adolphus Symonette v. United States Eleventh Circuit 2021-09-13 Denied Response WaivedIFP 2255-proceeding certificate-of-appealability constitutional-rights district-court-discretion habeas-corpus post-offense-rehabilitation reasonable-jurists resentencing sentencing Whether reasonable jurists would find the district court's decision to vacate Count 3 of the second superseding indictment while simultaneously denyin…
21-5642 Terry Dibble v. Deanna Brookhart, Warden Seventh Circuit 2021-09-10 Denied Response WaivedIFP appellate-review burglary certificate-of-appealability district-court-conclusion due-process habeas-corpus judicial-discretion jury-instructions legal-standard reasonable-jurists residential-burglary Did Mr. Dibble present a ground for relief as to which reasonable jurists could differ concerning the correctness of the district court's conclusion, …
21-5608 David Angel Sifuentes v. John Prelesnik, Warden Sixth Circuit 2021-09-08 Denied Response WaivedIFP appellate-jurisdiction certificate-of-appealability civil-procedure due-process federal-rules-of-civil-procedure standing Rule 6oc6) motion untimely 7o a of tardy when a litigunt opeto to their (uoe under Rule 6ocb)C8) reaper an interveriny change of habeno vo law within …
21-5613 Byron McCollum v. United States Eleventh Circuit 2021-09-08 Denied Response WaivedIFP 28-usc-2253c certificate-of-appealability constitutional-rights eleventh-circuit ineffective-assistance ineffective-assistance-of-counsel judicial-review merits-determination slack-v-mcdaniel unauthorized-merits-determination Whether the Eleventh Circuit's denial of a Certificate of Appealability, stating only that the Petitioner "has failed to make a substantial showing of…
21-5618 Jesus Manuel Moran v. Mark Brnovich, Attorney General of Arizona, et al. Ninth Circuit 2021-09-08 Denied Response WaivedIFP arizona-judicial-system certificate-of-appealability coa-issuance federal-claims human-rights inter-american-commission judicial-system state-court-review state-courts 1. When State courts were deprived of their primary responsibility to decide on Petitioner's federal claims, was it error for the court not to to issu…
21-349 Kent Eric LeBere v. Travis Trani, Warden, et al. Tenth Circuit 2021-09-03 Denied Response Waived brady-claim brady-violation certificate-of-appealability criminal-conviction due-process false-testimony habeas-corpus perjury prosecutorial-misconduct wrongful-conviction 1. Whether the lower courts should fully decide whether the state knew or should have known that the testimony about Mr. LeBere's "confession" was fal…
21-5500 John Richard Smith v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-08-30 Denied IFP certificate-of-appealability constitutional-violation due-process exculpatory-evidence fifth-amendment fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel sixth-amendment Whether the 5th Circuit Court of Appeal errored in denying petitioner's request for a (C.O.A.) claiming Petitioner failed to state a Constitutional vi…
21-5533 Marsha A. Springer v. Jeremy Howard, Warden Sixth Circuit 2021-08-30 Denied Response WaivedIFP certificate-of-appealability civil-rights constitutional-claim due-process habeas-corpus judicial-review reasonable-jurists sixth-circuit IS THE SIXTH CIRCUIT'S DENIAL OF CERTIFICATE OF APPEALABILITY CONTRARY TO THIS COURT'S PRECEDENT? WHERE ONE JUDGE OF THE MICHIGAN SUPREME COURT DISSEN…
21-238 Keith Foster v. United States Ninth Circuit 2021-08-18 Denied Response Waived appellate-review certificate-of-appealability circuit-court due-process habeas-corpus ineffective-assistance-of-counsel judicial-misconduct judicial-precedent judicial-procedure legal-conflict prosecutorial-misconduct 1. How can panels of Ninth Circuit Court of Appeals affirm decisions as matters of law, that are in direct conflict with previously established bindin…
21-5339 Joseph Miller v. United States Seventh Circuit 2021-08-10 Denied Response WaivedIFP brady-v-maryland brady-violation certificate-of-appealability civil-rights constitutional-right due-process evidentiary-hearing ineffective-assistance-of-counsel search-warrant-evidence slack-v-mcdaniel As a matter of first impression in this court, pursuant to Supreme Court Rule 10(C). does an attorney 's failure to advise his client of the adverse r…
21-160 Justin M. Corliss v. Tom McGinley, Superintendent, State Correctional Institution at Coal Township, et al. Third Circuit 2021-08-04 Denied certificate-of-appealability certificates-of-appealability ex-post-facto false-testimony habeas jury-instruction prosecutorial-misconduct state-court time-barred-charges Whether the applications for certificates of appealability were improperly denied when the issues presented plainly meet the standards articulated by …
21-5243 Charles Givens v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2021-07-29 Denied Response WaivedIFP appellate-procedure certificate-of-appealability district-court due-process eleventh-circuit habeas-corpus judicial-review procedural-due-process standard-of-review unelaborated-opinion 1. WHETHER THE ELEVENTH CIRCUIT COURT OF APPEALS ERRED IN ISSUING AN UNELABORATED OPINION DENYING A CERTIFICATE OF APPEALABILITY AFTER DENIAL OF A COA…
21-5239 Kevin A. Craig v. O'Bell T. Winn, Warden Sixth Circuit 2021-07-28 Denied Response WaivedIFP appellate-counsel certificate-of-appealability district-court due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-review sixth-circuit sixth-circuit-court-of-appeals trial-counsel Did the sixth circuit court of appeals clearly err in its denial of petitioner's request for a certificate of appealability, when it assessed petition…
21-5216 Fredie Phillip Koryal v. Sarah Schroeder, Warden Sixth Circuit 2021-07-26 Denied Response WaivedIFP certificate-of-appealability constitutional-rights district-court due-process habeas-corpus judicial-review sixth-circuit 1. DID THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN AND THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT ERRONEOUSLY …
21-79 Jonathon Herrera v. United States Fifth Circuit 2021-07-21 Denied Response Waived certificate-of-appealability circuit-court-review civil-procedure due-process equitable-tolling habeas-corpus post-conviction-relief rule-60(b) rule-60b section-2255 Whether the Fifth Circuit improperly decided Petitioner's Motion for a Certificate of Appealability on the merits of his § 2255 petition rather than e…
21-5145 Richard Demon Donaldson v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-07-21 Denied IFP 6th-amendment certificate-of-appealability constitutional-claim due-process habeas-corpus ineffective-assistance sixth-amendment state-court-deference statutory-interpretation WHETHER THE COURT OF APPEALS ERRED AND ABUSED.ITS DISCRETION IN REFUSING AND/OR DECLINING TO ISSUE A CERTIFICATE OF APPEALABILITY UPON THE CONTENTION …
21-5155 Michael Wayne Shellito v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2021-07-21 Denied Response WaivedIFP appellate-review certificate-of-appealability constitutional-claims federal-courts habeas-corpus judicial-discretion postconviction-proceedings standard-of-review 1. Whether the petitioner has demonstrated that jurists of reason could disagree with the federal courts' resolution of his constitutional claims or t…
21-5139 In Re Donald M. Boswell 2021-07-20 Denied IFP certificate-of-appealability constitutional-rights due-process fifth-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sixth-amendment successive-petitions Was the denial of Petitioner's request for a Certificate of Appealibility (COA) to file a second or successive feredal habeas corpus for new claims fo…
21-5115 In Re Lisa A. Biron 2021-07-16 Dismissed Response WaivedIFP aedpa certificate-of-appealability civil-rights due-process gatekeeping-mechanism habeas-corpus jurisdictional-duty notice-of-appeal standing threshold-function I. Whether, after the enactment of the Antiterrorism and Effective Death Penalty Act ("AEDPA") in 1996, promulgated law and court rules require a § 22…
21-5124 Derrick Wilson v. United States Second Circuit 2021-07-15 Denied Response WaivedIFP certificate-of-appealability civil-rights constitutional-rights criminal-procedure due-process due-process-clause evidence-fabrication government-misconduct habeas-corpus miller-el-standard standing Did the Court of Appeals err in concluding that Petitioner's Certificate of Appealability had not "made a substantial showing of the denial of a const…
21-5074 Samuel Ridder v. Tim Shoop, Warden Sixth Circuit 2021-07-12 Denied Response WaivedIFP alleged-bias appellate-procedure certificate-of-appealability forfeiture ineffective-assistance ineffective-assistance-of-counsel judicial-bias merits-brief prosecutorial-misconduct sixth-circuit 1. Did the Sixth Circuit misconstrue the Certificate of Appealability as a merits brief? 2. Did the Sixth Circuit err as to forfeiture of the claim r…
21-5070 Calvin Bernhardt v. United States Eighth Circuit 2021-07-09 Denied Response WaivedIFP abuse-of-discretion certificate-of-appealability district-court-error eighth-circuit ineffective-assistance motion-to-vacate prima-facie prosecutorial-misconduct Whether the Eight Circuit's denial of a certificate of appealability, where the district court erred or alternatively abused its discretion in denying…
21-5048 Wesley Lynn Ruiz v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-07-08 Denied IFP capital-punishment capital-sentencing certificate-of-appealability due-process eighth-amendment expert-testimony expert-witness false-testimony prosecutorial-misconduct Under the Due Process clause, and the Eighth Amendment, should the prosecution be held responsible for the presentation of false expert testimony on a…
21-5019 Noe Perez v. Renee Baker, Warden, et al. Ninth Circuit 2021-07-07 Denied Response WaivedIFP appellate-review certificate-of-appealability constitutional-question fifth-circuit judicial-disagreement nevada-supreme-court ninth-circuit reasonable-jurists seventh-circuit Did the Ninth Circuit clearly err when it denied Mr. Perez's request for a COA even though three reasonable jurists on Nevada's highest court already …
21-5015 Reginald Franklin v. Robert LeGrand, Warden, et al. Ninth Circuit 2021-07-06 Denied Response WaivedIFP certificate-of-appealability due-process habeas-corpus ineffective-assistance-of-counsel ninth-circuit post-conviction post-conviction-relief reasonable-jurists trial-counsel Whether the Ninth Circuit clearly erred in denying Franklin's request for a certificate of appealability because reasonable jurists would find it deba…
20-8476 Scott Charles Bauer v. Mark Brnovich, Attorney General of Arizona, et al. Ninth Circuit 2021-07-01 Denied Response WaivedIFP certificate-of-appealability constitutional-claim constitutional-review de-novo-review district-court habeas habeas-corpus judicial-procedure klamath-siskiyou-wildlands-center-v-bureau-of-land miller-el-v-cockrell report-and-recommendations Whether a state of appellants' responsibility should issue where the district court failed to adequately review of the portions of the Report and Reco…
20-8442 Luckner Pierre v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2021-06-28 Denied Response WaivedIFP access-to-court certificate-of-appealability civil-procedure due-process language-assistance language-barrier mental-competency miranda-rights procedural-due-process standing waiver-of-rights Whether the U.S. Court of Appeal for the 11th Circuit denied the Petitioner his Procedural Due Process Right and access to Court when it declined to g…
20-8420 Jimmie O'Neal v. Jay Christensen Ninth Circuit 2021-06-25 Denied Response WaivedIFP certificate-of-appealability civil-rights covid-19 covid-19-delay district-court-merits due-process federal-courts habeas-corpus judicial-discretion ninth-circuit procedural-timeliness standing A/. IN THIS CASE OF PETITIONERS PETITION FOR WRIT OF CERTIORARI, PETITIONER REQUEST REVIEW OF THE NINTH CIRCUIT COURT OF APPEALS DECISION THAT DENIED …
20-8408 Scott R. Deichsel v. Lizzie Tegels, Warden Seventh Circuit 2021-06-23 Denied Response WaivedIFP appellate-counsel certificate-of-appealability denial-of-constitutional-rights due-process federal-constitutional-right federal-constitutional-rights ineffective-assistance-of-counsel plea-colloquy state-law 1. This Court should grant review to determine whether and in what circumstances such a Certificate of Appealabilty issued can be vacated. 2. This Co…
20-1783 Jacob Christine v. Michael Clark, Superintendent, State Correctional Institution at Albion, et al. Third Circuit 2021-06-23 Denied and an ex-post-facto violation jury instruction errors ada-pleading-5th bagley-exception brady-violation certificate-of-appealability due-process jury-instruction pcra-hearing pinholster self-defense unavailable-declarant Certiorari is sought re the erroneous denial of a C.O.A. or Reergument in the 3rd Cir. Ct. of Appeals, perhaps most notable among the questions presen…
20-8376 Jay Earl Haynes v. Bert Boyd, Warden Sixth Circuit 2021-06-22 Denied Response WaivedIFP certificate-of-appealability due-process habeas-corpus ineffective-assistance-of-counsel sixth-circuit standard-of-review tennessee-corrections warden WHETHER THE SIXTH CIRCUIT ERRERED IN DENYING THE CRETIFICATE OF APPEALIBILITY?
20-8332 Damen Rabb v. Christian Pfeiffer, Warden Ninth Circuit 2021-06-17 Denied Response WaivedIFP 28-usc-2244 certificate-of-appealability district-court due-process federal-procedure habeas-corpus innocence-claim standards-for-coa-determinations successive-petition 1. After a court of appeals finds that a petitioner has met the prima facie threshold to proceed in a successive petition pursuant to 28 U.S.C. § 2244…
20-8342 John Willie Johnson, aka Dewayne Henderson v. United States Fifth Circuit 2021-06-17 Denied IFP armed-career-criminal-act certificate-of-appealability federal-jurisdiction fifth-circuit-review post-borden post-conviction-relief post-johnson resentencing sentencing-enhancement violent-felony The overall issue is whether the Fifth Circuit erred by denying Mr. Johnson a Certificate of Appealability. The underlying issue is whether Mr. Johnso…
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 1. Is it objectionable for a prosecutor to argue to the jury that a lack of evidence does not give rise to a reasonable doubt? 2. Is the Eleventh Cir…
20-8309 Robin Renee Melchior v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-06-15 Denied IFP appellate-review certificate-of-appealability district-court habeas-corpus newly-presented-evidence rule-4 section-2254 slack-standard standard-of-review state-court-records Whether the United States District Court and the United States Court of Appeals below erred by failing to grant Petitioner a 'certificate of appealabi…
20-8314 Timothy Brewer v. Stewart Eckert, Superintendent, Wende Correctional Facility Second Circuit 2021-06-15 Denied Response WaivedIFP certificate-of-appealability child-psychology constitutional-rights evidence fair-trial habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct 1. Whether the U.S. Court of Appeals for the Second Circuit erred in refusing to grant petitioner a COA to appeal from a judgment of the District Co…
20-8299 In Re Michael Skillern 2021-06-14 Denied Response WaivedIFP certificate-of-appealability circuit-court criminal-procedure due-process eleventh-circuit habeas-corpus judicial-review legal-precedent mandamus scotus writ-of-certiorari writ-of-mandamus DOES THE ELEVENTH CIRCUIT'S RULE ENUNCIATED CRUTCHFIELD v. WAINWRIGHT, 803 F.3d 1103 (11th Cir. 1986) ABROGATE OR MODIFY THE SUPREME COURT DECISION AS…
20-8246 Tony Ray King v. Stanley Payne, Warden Eighth Circuit 2021-06-09 Denied Response WaivedIFP certificate-of-appealability defaulted-claim ground-for-relief habeas-corpus ineffective-assistance-of-counsel martinez-trevino-exception procedural-default strickland-standard strickland-v-washington Does a petitioner need to meet the Strickland v. Washington, 466 U.S. 668 (1984) standard when presenting a defaulted claim under the Martinez-Trevino…
20-8248 Richard W. Williams v. Sherie Korneman, Warden Eighth Circuit 2021-06-08 Denied IFP certificate-of-appealability conflict-of-interest constitutional-rights criminal-procedure due-process effective-assistance fourteenth-amendment further-proceedings ineffective-assistance public-defender sixth-amendment 1) TOir S™ r?„!SK 'ed'JUr0 SS °3 a ^ P31"51' one °f-«Mch stated during d^nse ' Sixth 'ancHFourteent^Amendment 2)Does being deprived of conflict-free …
20-8173 Lenroy McLean v. United States Second Circuit 2021-05-28 Denied Response WaivedIFP brady-violation certificate-of-appealability circuit-conflict civil-rights due-process equitable-tolling government-misconduct judicial-discretion judicial-integrity standing Question I Whether the Government sought to diminish the likelihood of Petitioner's finding of a Brady violation, by interjected a manufactured decl…
20-8120 Gary Lee Willingham v. United States Fifth Circuit 2021-05-25 Denied Response WaivedIFP 28-usc-2255 acca-enhancement certificate-of-appealability district-court habeas-corpus jurisdiction merits-review post-conviction section-2255 standard-of-review summary-reversal After obtaining the prefiling authorization required by 28 U.S.C. § 2255(h)(2), Mr. Willingham moved to vacate his ACCA-enhanced sentence. The Governm…
20-8123 Verlan Perez, Jr. v. United States Fifth Circuit 2021-05-25 Denied Response WaivedIFP appellate-procedure certificate-of-appealability constitutional-rights district-court due-process habeas-corpus ineffective-assistance-of-counsel notice-of-appeal precedential-ruling CAN AN APPEALS COURT DENY A CERTIFICATE OF APPEALABILITY TO A PETITIONER WHO HAS SHOWN THAT THE DISTRICT COURT IGNORED PRECI DENTIAL RULINGS FROM THIS…
20-8129 Joseph Miller v. United States Seventh Circuit 2021-05-25 Denied Response WaivedIFP brady-v-maryland brady-violation certificate-of-appealability constitutional-right constitutional-rights direct-appeal evidentiary-hearing fifth-amendment fourth-amendment ineffective-assistance-of-counsel slack-v-mcdaniel I. As a matter of first impression in this court, pursuant to Supreme Court Rule 10(C), does an attorney 's failure to advise his client of the adver…
20-8131 Brent Lang v. Erica Huss, Warden Sixth Circuit 2021-05-25 Denied Response WaivedIFP appellate-procedure certificate-of-appealability civil-rights court-of-appeals due-process federal-courts habeas-corpus judicial-review legal-standard procedural-requirements Question not identified.
20-8099 Joseph Reinwand v. Susan Novak, Warden Seventh Circuit 2021-05-24 Denied Response WaivedIFP certificate-of-appealability confrontation-clause confrontation-rights due-process fair-trial fourteenth-amendment habeas-corpus sixth-amendment testimonial-statements 1. Whether the Seventh Circuit Court of Appeals Failed to Apply the Law on Deceased out-of-court testimonial Statements by a Non-testifying Witness. T…
20-8054 Joseph Reinwand v. Susan Novak, Warden Seventh Circuit 2021-05-19 Denied Response WaivedIFP certificate-of-appealability confrontation-clause confrontation-rights due-process fair-trial fourteenth-amendment habeas-corpus sixth-amendment 1. Whether the Seventh Circuit Court of Appeals Failed to apply the Law Deceased out-of-court testimonial Statements by a Non-testifying Witness. Ther…
20-8058 Kenneth Rose v. United States Sixth Circuit 2021-05-19 Denied Response WaivedIFP 4th-amendment certificate-of-appealability civil-rights constitutional-protections due-process judicial-bias judicial-proceedings search-warrant sixth-circuit 1. Has the Sixth Circuit Court of Appeals so far departed from the accepted and usual course of judicial proceedings, or sanctioned such a departure …
20-1620 Joy McShan Edwards v. United States Sixth Circuit 2021-05-19 Denied Response Waived 18-usc-1513 28-usc-2253 certificate-of-appealability constitutional-rights first-amendment free-speech overbreadth overbreadth-doctrine sixth-circuit statutory-interpretation 1. Whether the Sixth Circuit's denial of Petitioner's request for a certificate of appealability pursuant to 28 U.S.C. § 2253(c) was unreasonable, whe…
20-8052 Vicente Quiroz v. United States Seventh Circuit 2021-05-18 Denied Response WaivedIFP access-to-courts appellate-review certificate-of-appealability due-process habeas-corpus systemic-breakdown Question not identified.
20-8024 Lisa Biron v. United States First Circuit 2021-05-13 Denied Response WaivedIFP non-promulgated procedural process 28-usc-2255 certificate-of-appealability due-process federal-appellate-rules federal-rules-of-appellate-procedure fifth-amendment fourteenth-amendment habeas-corpus procedural-due-process When there is ho requirement to file a notice of appeal when applying for a certificate of appealability ("cot") from the circuitcourt and no process …
20-7982 Eugene Jacobs, Jr. v. Mark S. Inch, Secretary, Florida Department of Corrections Eleventh Circuit 2021-05-11 Denied Response WaivedIFP aedpa aedpa-limitations certificate-of-appealability eleventh-circuit habeas-corpus post-conviction-review procedural-grounds slack-standard statute-of-limitations 1. Did the United States Court of Appeals for the Eleventh Circuit err in its reading of Slack, in denying Petitioner's Certificate of Appealability, …
20-7983 Thomas Lam v. Robert C. Tanner, Warden Fifth Circuit 2021-05-11 Denied IFP certificate-of-appealability constitutional-plea criminal-procedure due-process fifth-circuit habeas-corpus henderson-v-morgan judicial-error jury-instructions plea-bargaining standard-of-review voir-dire The trial judge relied on a discussion with the jury, during voir dire as satisfaction to a constitutional guilty plea that he informed Petitioner of …
20-7989 Cash Wallace Pawley v. Mark S. Inch, Secretary, Florida Department of Corrections Eleventh Circuit 2021-05-11 Denied Relisted (2)IFP actual-innocence certificate-of-appealability civil-rights constitutional-claims due-process eleventh-circuit habeas-corpus procedural-bar 1. WHETHER THE ELEVENTH CIRCUIT COURT OF APPEAL SO FAR DEPARTED FROM THE ACCEPTED AND USUAL COURSE OF JUDICIAL PROCEEDINGS, AND/OR SANCTIONED A DEPART…
20-7952 Pablo Bastidas v. Matthew Atchley, Warden Ninth Circuit 2021-05-07 Denied Response WaivedIFP 28-usc-2254(d) alibi-defense certificate-of-appealability constitutional-claim due-process habeas habeas-corpus ineffective-assistance-of-counsel ninth-circuit prejudice Is the Ninth Circuit's denial of a COA on Bastidas's ineffective assistance of counsel claim contrary to this Court's jurisprudence?
20-1515 Jason Assad v. Todd Wasmer, Warden, et al. Eighth Circuit 2021-04-29 Denied Response Waived certificate-of-appealability criminal-appeal due-process prejudice-presumption sixth-amendment united-states-v-cronic It is undisputed that the appel late brief filed by Mr. Assad's attor ney on direct appeal was so procedur ally deficit as to preclude consideration o…
20-7877 Robert Washington v. David Gomez, Warden Seventh Circuit 2021-04-28 Denied Response WaivedIFP appellate-procedure certificate-of-appealability constitutional-review due-process federal-statute habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sixth-circuit strickland-v-washington VOVve.VW-r T\\& Ur^cA CVcAeS SeX>e*\^V\ (XifcoiV Coor^V D^r ■ Appe^S Brr<sd 1 U^Vie-n I dr Oejo\.ec& PeA\Vv,one-r vS AppUccA*or\ For A Op (CO A} ^ U.…
20-7788 Alexander Olivieri v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-04-16 Denied IFP certificate-of-appealability constitutional-law fifth-circuit habeas-corpus ineffective-assistance-of-counsel martinez-exception martinez-v-ryan procedural-bar trevino-v-thaler Is The Fifth Circuit effectivly overturning The Supreme Court, and it's own rulings in not granting Olivieri a Certificate of Appealability to conside…
20-7782 Ronald W. Greer v. Sherie Korneman, Warden Eighth Circuit 2021-04-15 Denied Response WaivedIFP certificate-of-appealability conflict-of-interest constitutional-rights cuyler-v-sullivan doyle-v-ohio doyle-violation harmless-error ineffective-counsel miranda-rights miranda-v-arizona newly-discovered-evidence state-court-deference I. HAS A PETITIONER SUBSTANTIALLY SHOWN THE DENIAL OF A CONSTITUTIONAL RIGHT WARRANTING ISSUANCE OF A COA WHEN THE DISTRICT COURT AFFORDS DEFERENCE …
20-7766 Lyndon Davis v. Dennis Reagle, Warden Seventh Circuit 2021-04-14 Denied Response WaivedIFP certificate-of-appealability circuit-court-analysis civil-rights constitutional-law due-process exhaustion-requirement federal-review habeas-corpus ineffective-assistance-of-counsel procedural-due-process standing state-court-proceedings A) Did the United States Court of Appeals for the Seventh Circuit exceed its Scope of the COA (Certificate of Appealability) analysis When the Court d…
20-1439 Phillip Dwayne Loyd v. United States Eighth Circuit 2021-04-14 Denied Response Waived actual-innocence certificate-of-appealability constitutional-claims district-court due-process evidentiary-hearing guilty-plea habeas-corpus I. The district court denied Petitioner's application for a writ of habeas corpus without an evidentiary hearing because Petitioner's factual allegati…
20-7731 Rodney Bernard Allen v. United States Fifth Circuit 2021-04-13 Denied IFP armed-career-criminal-act bodily-injury certificate-of-appealability elements-clause fifth-circuit johnson-rule reckless-conduct successive-habeas-petition successive-motion texas-penal-code texas-robbery 1. In Texas, a defendant commits simple robbery if, during the course of a theft, he recklessly causes someone else to suffer bodily injury or knowing…
20-7690 Jon Terrance Winzer v. Darrel Vannoy, Warden Fifth Circuit 2021-04-08 Denied Response WaivedIFP actual-innocence certificate-of-appealability civil-procedure due-process fifth-circuit habeas-corpus procedural-review section-2254 standing Did the Fifth Circuit Court of Appeal err in allowing the Western District Court to deny his 28U.S.C. Sec. 2254 petition as being improperly filed? D…
20-7666 Willie Ponder v. Mark S. Inch, Secretary, Florida Department of Corrections Eleventh Circuit 2021-04-06 Denied Response WaivedIFP 28-usc-2253 28-usc-2254 actual-innocence certificate-of-appealability confrontation-clause due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel 1. 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 counse…
20-7633 Sam Sterling Alford v. Mark S. Inch, Secretary, Florida Department of Corrections Eleventh Circuit 2021-04-01 Denied Response WaivedIFP 28-usc-2253c certificate-of-appealability consolidation consolidation-risks counsel-performance criminal-procedure ineffective-assistance ineffective-assistance-of-counsel informed-consent right-to-counsel 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 re…
20-7636 Marcus Anthony Barnes v. United States Eleventh Circuit 2021-04-01 Denied Response WaivedIFP 11th-circuit certificate-of-appealability criminal-justice false-information false-testimony government-misconduct ineffective-assistance-of-counsel jackson-v-virginia judicial-proceedings motion-to-vacate procedural-default Mr. Barnes case raises a pressing issue of national importance: Whether and to what extent the criminal justice system tolerates false testimony on th…
20-7596 Olen Ware, II v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-03-29 Denied IFP amendment appellate-review certificate-of-appealability civil-procedure federal-procedure fifth-circuit habeas-corpus ineffective-assistance motion-to-amend motion-to-suppress 1. Did the Fifth Circuit err in finding that jurists of reason could not have found it debatable that the district court erred by dismissing Petitione…
20-7544 Demian Dominguez, aka Demain Dominguez v. Brian E. Williams, et al. Ninth Circuit 2021-03-25 Denied Response WaivedIFP cause-of-death certificate-of-appealability effective-counsel ninth-circuit prejudice procedural-default reasonable-jurists Whether the Ninth Circuit's order denying a certificate of appealability was clearly erroneous where reasonable jurists could disagree as to whether D…
20-7553 Len Davis v. United States Fifth Circuit 2021-03-25 Denied IFP capital-case certificate-of-appealability circuit-court-review evidentiary-hearing federal-appellate-review habeas-corpus supervisory-authority threshold-inquiry 1. Whether this Court should grant certiorari and exercise its supervisory authority to bring uniformity to the circuit courts' COA practice so as to …
20-7563 Emem Ufot Udoh v. Becky Dooley, Warden Eighth Circuit 2021-03-25 Denied Response WaivedIFP 28-usc-1651 actual-innocence cares-act certificate-of-appealability covid-19 federal-court-authority prison-conditions prisoner-rights sentence-execution QUESTION ONE: WHETHER A FEDERAL COURT HAS THE AUTHORITY TO ISSUE AN ORDER FOR IMMEDIATE RELEASE AND/OR STAY OF EXECUTION OF THE REMAINING UNLAWFUL SEN…
20-1321 John Ching En Lee v. United States Ninth Circuit 2021-03-23 Denied Response WaivedRelisted (2) 18-usc-1001 6th-amendment certificate-of-appealability due-process ineffective-assistance ineffective-assistance-of-counsel law-of-the-case materiality sixth-amendment Whether Petitioner is entitled to a Certificate of Appealability since he has made a substantial showing that he was denied Due Process under the Due …
20-7494 Kirk A. Simmons v. United States Third Circuit 2021-03-18 Denied Response WaivedIFP certificate-of-appealability civil-procedure constitutional-issue fraud-on-court fraud-on-the-court habeas-corpus jurisdiction legal-innocence rule-60 rule-60-motion standing 1. Did the District Court abuse its discretion when it dismissed petitioner's Rule 60 motion, which asserted evidence falsification and Fraud on the …
20-7498 Jose Federico Almeida-Olivas v. United States Eighth Circuit 2021-03-18 Denied Response WaivedIFP certificate-of-appealability dahda-v-united-states eighth-circuit federal-law habeas-corpus post-conviction-relief procedural-default standing I. WHETHER THE COURT PROPERLY DENIED COA? THE TRIAL COURT AND THE EIGHTH CIRCUIT COURT OF APPEALS HAVE DECIDED AN IMPORTANT QUESTION OF FEDERAL LAW RE…
20-7471 Christian Joseph Perez v. United States Fifth Circuit 2021-03-17 Denied Response WaivedIFP certificate-of-appealability civil-rights court-of-appeals criminal-procedure district-court due-process habeas-corpus judicial-procedure legal-review standing statutory-interpretation -Can the Court of Appeals deny Petitioner's application for Certificate of Appedlability ("coA") withoct any analysis of whether the District Courts d…
20-7472 David Maurice Milner v. United States Fifth Circuit 2021-03-17 Denied Response WaivedIFP appeals certificate-of-appealability civil-procedure fifth-circuit habeas-corpus judicial-review jurisdiction reconsideration rule-59-motion section-2255 successive-motions Whether the Fifth Circuit's denial of a certificate of appealability, where the district court ruled it lacked jurisdiction to consider Mr. Milner's R…
20-7469 Joaquin Hernandez-Ayala v. Rene Baker, Warden, et al. Ninth Circuit 2021-03-16 Denied Response WaivedIFP cause-and-prejudice certificate-of-appealability habeas-corpus impeachment ineffective-assistance ineffective-assistance-of-counsel martinez-v-ryan ninth-circuit procedural-default Whether the Ninth Circuit clearly erred in denying Hernandez-Ayala's request for a certificate of appealability because reasonable jurists would find …
20-7457 Mark Andrew Morris v. United States Sixth Circuit 2021-03-15 Denied Response WaivedIFP 6th-circuit appellate-review certificate-of-appealability due-process habeas-corpus judicial-standard merits-review standard-of-review supreme-court-precedent threshold-inquiry 1. Did the United States Court of Appeals, 6th Circuit, use an improper and unduly burdensome Certificate of Appealability (COA) standard which confl…
20-7437 Frederico Ramsey v. United States Tenth Circuit 2021-03-12 Denied Response WaivedIFP amendment amendment-of-claims certificate-of-appealability circuit-court-review due-process federal-civil-procedure habeas-corpus ineffective-assistance-of-counsel judicial-precedent mayle-v-felix I. WHETHER THE DISTRICT COURT AND THE TENTH CIRCUIT DECISIONS DIRECTLY CONFLICT WITH THE DECISION IN MAYLE V. FELIX, 545 U.S. 644,664, 125 S.Ct. 2562,…
20-7389 Emem Ufot Udoh v. Becky Dooley, Warden Eighth Circuit 2021-03-09 Denied Response WaivedRelisted (2)IFP actual-innocence cause-and-prejudice certificate-of-appealability covid-19 covid-19-impact due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel strickland-v-washington WHETHER THE DISTRICT COURT APPLIED AN INCORRECT STANDARD OF REVIEW TO PETITIONER'S APPLICATION FOR A CERTIFICATE OF APPEALABILITY ("COA") ON PETITIONE…
20-7395 Antonio E. Wills v. United States Eighth Circuit 2021-03-09 Denied Response WaivedIFP 28-usc-2255 actual-innocence career-offender certificate-of-appealability ineffective-assistance ineffective-assistance-of-counsel plea-agreement section-2255 statutory-maximum Did the appellate court err in denying a certificate of appealability on whether the district court erred or alternatively abuse its discretion by den…
20-7365 Ronald Brount, aka Ronald Brunt v. Brian E. Frosh, Attorney General of Maryland Fourth Circuit 2021-03-08 Denied Response WaivedIFP appeals certificate-of-appealability civil-procedure due-process habeas-corpus jurisdiction Did The United States Court Of Appeals For The FouRth Ciecuit ERR In Denying The PetitioneR A Certificate Of Appealability?
20-7326 Tyrone Valentine v. United States Eighth Circuit 2021-03-05 Denied IFP 18-usc 28-usc-2253 certificate-of-appealability criminal-statute criminal-statutes drunk-driving extreme-indifference physical-force violent-felony Whether reasonable jurists could disagree on whether criminal statutes that encompass drunk driving "manifesting extreme indifference to the value of …
20-7310 Derrick Arnold Johnson v. Raybon C. Johnson, Jr., Warden Ninth Circuit 2021-03-03 Denied Response WaivedIFP appellate-procedure certificate-of-appealability due-process federal-courts habeas-corpus standard-of-review Whether the Ninth Circuit erred in holding that petitioner's trial counsel was not ineffective under Strickland v. Washington for failing to investiga…
20-7295 Isidro Sauceda v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. Ninth Circuit 2021-03-02 Denied Response WaivedRelisted (2)IFP appealability-standard certificate-of-appealability constitutional-rights exculpatory-evidence factual-innocence ineffective-counsel lesser-included-offense ninth-circuit reasonable-jurists willits-instruction I. Whether Review Is Warranted Because The Ninth Circuit Utilized An Unduly Burdensome Certificate Of Appealability Standard That Contravenes This Cou…
20-7259 Juan Garcia v. United States Tenth Circuit 2021-02-26 Denied Response WaivedIFP certificate-of-appealability compulsory-process constitutional-rights criminal-procedure district-court due-process effective-assistance-of-counsel section-2255 sixth-amendment 1. Was petitioner denied his Constitutional right to effective assistance of counsel during his trial, that is guaranteed by the Sixth Amendment of th…
20-7269 Antonio U. Akel v. United States Eleventh Circuit 2021-02-26 Dismissed Response WaivedIFP appellate-procedure certificate-of-appealability civil-rights constitutional-rights due-process federal-jurisdiction final-judgment habeas-corpus rule-60b-motion standing Question not identified.
20-7275 Alvin Herron v. Mark S. Inch, Secretary, Florida Department of Corrections Eleventh Circuit 2021-02-26 Denied Response WaivedIFP certificate-of-appealability confrontation-clause criminal-procedure due-process hearsay ineffective-assistance ineffective-assistance-of-counsel interrogation prior-record 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…
20-7236 Vincent E. Boyd v. Dylon Radtke, Warden Seventh Circuit 2021-02-24 Denied IFP certificate-of-appealability court-procedure due-process legal-representation pro-se-defendant self-representation sixth-amendment sixth-amendment-right standby-counsel Should courts have to clearly define, on the record, the proper role of standby counsel in the proceedings? In other words, should courts engage in a …
20-7239 Hung Linh Hoang v. Raymond Madden, Warden Ninth Circuit 2021-02-24 Denied IFP certificate-of-appealability constitutional-claim due-process habeas habeas-corpus ineffective-assistance-of-counsel ninth-circuit reasonable-probability standard-of-review Is the Ninth Circuit's denial of a COA on Hoang's ineffective assistance of counsel claim contrary to this Court's jurisprudence?
20-1147 Thomas Jefferson Smallwood v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-02-22 Denied certificate-of-appealability compulsory-process confrontation confrontation-clause fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel sixth-amendment standard-of-review Should a certificate of appealability issue to determine if defense counsel was ineffective in not making an objection to the exclusion of testimony f…
20-7176 Jeffrey S. Davis v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. Ninth Circuit 2021-02-19 Denied Response WaivedIFP arizona-law certificate-of-appealability court-of-appeals district-court habeas-petition judicial-review legal-error procedural-default I. Did the Court of Appeals error by not addressing the Certified questions from the district Courts Certificate of Appeal of Inquiry (COD) as granted…
20-7180 William Hugh Wilson v. United States Sixth Circuit 2021-02-19 Denied Response WaivedIFP appellate-procedure appellate-review certificate-of-appealability civil-procedure due-process habeas-corpus judicial-review motion-denial sixth-circuit wilson-case Whether the United States Court of Appeals for the Sixth Circuit erred in denying Wilson's Motion for Certificate of Appealability and Granting Relief…
20-7136 James Robert Stanford v. Daniel Paramo, Warden Ninth Circuit 2021-02-16 Denied Response WaivedIFP certificate-of-appealability civil-procedure due-process habeas-corpus judicial-review miller-el-v-cockrell miller-v-cockrell pro-se pro-se-litigant procedural-default 1. IN REQUESTING A CERTIFICATE OF APPEALABILITY, DOES THE REQUISITE "SUBSTANTIAL SHOWING" REQUIRE PRO SE LITIGANTS TO RE-SUBMIT SUPPORTING DOCUMENTS T…
20-7142 Lewis R. Fox v. David W. Gray, Warden Sixth Circuit 2021-02-12 Denied Response WaivedIFP certificate-of-appealability criminal-procedure due-process felonious-assault habeas-corpus insufficient-evidence merits-review sixth-circuit Lewis Fox's federal habeas corpus petition case (Insufficient Evidence Claim) raises a pressing issue of national importance: Did the United States Co…
20-7115 Christopher A. Carter v. Frank Lawrence, Warden Seventh Circuit 2021-02-11 Denied Response WaivedRelisted (2)IFP certificate-of-appealability circuit-split civil-rights comity due-process equal-protection habeas-corpus judicial-review standing 1. Whether the Seventh Circuit ruling which is in conflict with the United States Supreme Court, the Seventh Circuit, other circuits, is debatable and…
20-7071 Pete Russell v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-02-08 Denied IFP certificate-of-appealability future-dangerousness habeas ineffective-assistance-of-counsel merits-review strickland Did the Court of Appeals err in denying a certificate of appealabilty, through a merits review, of Russell's claim that he recei ved ineffect ive assi…
20-7024 Randy Macario Ancheta v. United States Ninth Circuit 2021-02-04 Denied Response WaivedIFP 18-usc-924c certificate-of-appealability circuit-split crime-of-violence criminal-sentencing due-process hobbs-act mandatory-minimum statutory-interpretation By its plain language, Hobbs Act robbery does not have as an element the use, attempted use, or threatened use, of violent force. Hobs Act robbery's p…
20-7045 In Re Cyrus Linton Brooks 2021-02-04 Denied IFP appearance-of-justice appellate-review certificate-of-appealability circuit-court district-court due-process extraordinary-writ judicial-review procedural-fairness Did The Review Treatment Accorded The Request For The Issuance Of A Certificate Of Appealability By A Circuit Judge, Fail To Satisfy The Appearance Of…
20-6983 Demarcus Cole v. Kevin Myers, Warden Sixth Circuit 2021-01-28 Denied Response WaivedIFP cellular-phone-evidence certificate-of-appealability criminal-procedure fourth-amendment habeas-corpus illegal-evidence ineffective-assistance ineffective-assistance-of-counsel motion-to-suppress trial-counsel Did the Court of Appeals err in denying a Certificate of Appealability on trial counsel was ineffective, when counsel failed to file a pre-trial Motio…
20-975 Freddie Owens v. Bryan P. Stirling, Director, South Carolina Department of Corrections, et al. Fourth Circuit 2021-01-22 Denied certificate-of-appealability constitutional-claim constitutional-rights federal-appeals-court habeas-corpus ineffective-assistance-counsel ineffective-assistance-of-counsel martinez-standard martinez-v-ryan procedural-default The Court of Appeals granted a Certificate of Appealability (COA) on Freddie Owens's constitutional claim that he was denied the effective assistance …
20-978 Poppi Metaxas v. United States Second Circuit 2021-01-22 Denied Response WaivedRelisted (2) certificate-of-appealability constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel plea-bargaining reasonable-probability trial 1. Whether the petitioner was denied effective assistance of counsel with respect to the plea process by counsel's failure to discuss with and inform …
20-6899 Cynthia Hudson v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-01-15 Denied Response WaivedRelisted (2)IFP bench-warrant certificate-of-appealability constitutional-rights due-process evidentiary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel state-court 1. Is a state habeas corpus petitioner who pleads ineffective assistance of counsel claims denied federal constitutional due process when the state ha…
20-6911 Dimas Alfaro-Granados v. United States Eleventh Circuit 2021-01-15 Denied Response WaivedIFP certificate-of-appealability criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel juvenile-sentencing miller-v-alabama rico-enterprise sentencing sixth-amendment vicar [1]- 1st Question Presented on Request and Application for COA Did the appellate court err in denying a certificate of appealability on whether the di…
20-6875 Jason Pierce v. Nathan Brooks, Warden Eleventh Circuit 2021-01-14 Denied Response WaivedIFP certificate-of-appealability court-appointed-counsel criminal-procedure death-penalty faretta-protocol habeas-corpus ineffective-assistance ineffective-assistance-of-counsel procedural-defect structural-defect Did the United States Court of Appeals for the Eleventh Circuit err in filing to issue a Certificate of Appealability from the denial of the Petition …
20-6885 David Alan Vogel v. United States Fifth Circuit 2021-01-14 Denied Response WaivedIFP 10th-amendment 2255-appeal 2255-motion 6th-amendment certificate-of-appealability circuit-court-precedent constitutional-grounds sixth-amendment supreme-court-precedent tenth-amendment 1. Did the 5th Circuit violate the precedent of this Supreme Court and the legal standard of every other circuit when it denied Certificate of Appeal…
20-6893 Patrick Wallace v. United States Seventh Circuit 2021-01-14 Denied Response WaivedIFP 5th-amendment 6th-amendment appellate-review certificate-of-appealability district-court due-process federal-court habeas-corpus recusal right-to-be-present section-2255 The United States District Court for the Central District of Ilinois and the Seventh Circuit Court should have issued a COA to review the denials of t…
20-6861 Justin Lee Sanders v. United States Eighth Circuit 2021-01-13 Denied Response WaivedIFP appellate-review certificate-of-appealability district-court due-process eighth-circuit factual-disputes federal-jurisdiction federal-writ habeas-corpus reversible-error The United States District Court, Southern District of Iowa - and the Eighth Circuit Court should have issued a COA to review the denials of the Petit…
20-6816 Edward G. Rodriguez v. Timothy Filson, Warden, et al. Ninth Circuit 2021-01-11 Denied Response WaivedIFP certificate-of-appealability civil-procedure due-process habeas-corpus ineffective-assistance-of-counsel ninth-circuit notice-of-appeal procedural-error right-to-appeal Whether the Ninth Circuit clearly erred in denying Rodriguez's request for a certificate of appealability on an ineffective assistance of counsel clai…
20-835 Warren Rosenfeld v. United States Eleventh Circuit 2020-12-22 Denied Response Waived 6th-amendment article-iii ausa-appointment certificate-of-appealability due-process eleventh-circuit miller-el presidential-commission sixth-amendment-right standing subject-matter-jurisdiction 1. Whether the Eleventh Circuit's denial of Petitioner's request for a certificate of appealability pursuant to 28 U.S.C. § 2253(c) was unreasonable a…
20-817 Louis Roderick Ogden v. Eric Tice, Superintendent, State Correctional Institution at Somerset, et al. Third Circuit 2020-12-17 Denied appellate-review certificate-of-appealability civil-procedure district-court due-process habeas-corpus judicial-procedure standing third-circuit 1. Whether the Third Circuit Court of Appeals erred in denying the Petitioner's Certificate of Appealability? 2. Whether the District Court should ha…
20-6644 David Santiago Renteria v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2020-12-16 Denied IFP capital-sentencing certificate-of-appealability due-process eighth-amendment fourteenth-amendment habeas-corpus investigative-funds sentencing 1. Did the Court of Appeals for the Fifth Circuit deny petitioner a full appeal of the district court's denial of funding under 18 U.S.C. § 3599(f), a…
20-6630 Alejandro S. Estrada v. Mark Brnovich, Attorney General of Arizona, et al. Ninth Circuit 2020-12-15 Denied Response WaivedIFP actual-innocence administrative-law agency-decision certificate-of-appealability civil-rights constitutional-interpretation due-process judicial-review jurisdictional-challenge procedural-default procedural-error sentencing Wktikar or got e latk) o courts *UM 17¢ 5ftvid ;101WA -crow iikip5114 avvi pro-i-gtkivi 4'1Q unctibiitu hand i wtpositiovi aid. ethei aloso (de. staii…
20-6581 Kimberly Hanzlik v. Joseph Joseph, Superintendent, Bedford Hills Correctional Facility Second Circuit 2020-12-09 Denied Response WaivedIFP actual-innocence certificate-of-appealability constitutional-rights habeas-corpus ineffective-assistance-of-counsel miller-el-standard reasonable-jurists second-circuit unreasonable-application-of-law Was the Second Circuit's denial of Petitioner's application for a certificate of appealability unreasonable based on the standards for certificate of …
20-6584 Richard Olive v. United States Sixth Circuit 2020-12-09 Denied Response WaivedIFP certificate-of-appealability criminal-procedure habeas-corpus ineffective-assistance plea-bargaining prejudice right-to-counsel sixth-amendment strickland-v-washington 1. What do Missouri v. Frye, 566 U.S. 134 (2012), and Lafler v. Cooper, 566 U.S. 156 (2012), require of a defendant to demonstrate prejudice resulting…
20-6588 Kenneth Scott Gordon v. United States Ninth Circuit 2020-12-09 Denied Response WaivedIFP adversarial-testing appellate-procedure certificate-of-appealability criminal-defense effective-assistance-of-counsel fourth-amendment ineffective-assistance-of-counsel meaningful-adversarial-testing prosecutions-case sixth-amendment Should a certificate of appealability issue because reasonabl e jurists would debate whether a criminal defendant was deprived of the effective assist…
20-6498 Tony Barksdale v. Jefferson Dunn, Commissioner, Alabama Department of Corrections Eleventh Circuit 2020-12-02 Denied IFP capital-punishment capital-sentencing certificate-of-appealability due-process effective-assistance-of-counsel eighth-amendment eleventh-circuit habeas-corpus sixth-amendment supreme-court-precedent 1. Did the Eleventh Circuit misconstrue this Court's guidance in, inter alia, Buck v. Davis, 580 U.S. ___, 137 S. Ct. 759 (2017), when it denied Petit…
20-6466 Louis Anthony Jackson v. United States Fourth Circuit 2020-11-27 Denied IFP 924(c) 924(c)-sentence certificate-of-appealability crime-of-violence criminal-procedure davis-decision due-process hobbs-act-robbery residual-clause sentencing [1] WHETHER A CERTIFICATE OF APPEALABILITY SHOULD HAVE BEEN GRANTED, WHERE MR. JACKSON ARGUED THAT IN LIGHT OF THIS COURT'S DECISION IN UNITED STATES …
20-722 Rodney Anton Williamson v. United States Fourth Circuit 2020-11-25 Denied Response Waived certificate-of-appealability conflict-of-interest habeas-corpus ineffective-assistance ineffective-assistance-of-counsel massiah-v-united-states right-to-counsel rule-33-motion section-2255 sixth-amendment The right to counsel in this case was violated by the prosecution surreptitiously recording Petitioner after indictment and before arrest and arraignm…
20-6415 Larry Antonio Burleigh v. United States Fourth Circuit 2020-11-24 Denied Response WaivedIFP §2255-motion carjacking categorical-approach certificate-of-appealability collateral-review due-process due-process-clause fourth-circuit inchoate-crime johnson-ii mandatory-sentencing Whether Petitioner is entitled to a certificate of appealability to appeal the denial of his motion to vacate his firearm convictions and mandatory se…
20-6370 David Merritt v. Robert May, Warden, et al. Third Circuit 2020-11-19 Denied Response WaivedIFP certificate-of-appealability civil-rights due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel martinez-rule procedural-default rule-60 substantial-claim wrongful-conviction 1. Did the Third Circuit's denial of a Rule 60(b)(6) motion constitute clear error in declining to issue a certificate of appealability by sanctioning…
20-6390 Rigoberto Cabrera v. United States Eleventh Circuit 2020-11-19 Denied Response WaivedIFP certificate-of-appealability due-process evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel loss-amount prosecutorial-misconduct sentencing sentencing-error witness-testimony 1. Whether Cabrera made a sufficient showing that he received ineffective assistance of counsel as a result of his counsel's failure to challenge the …
20-6287 In Re Antonio Akel 2020-11-12 Dismissed Response WaivedIFP certificate-of-appealability civil-rights constitutional-claim due-process exhaustion-of-remedies federal-court-review habeas-corpus mandamus procedural-default WHETHER: FROM REACHING THE SHOWIING NECESSARY TO OBTAIN THE REGULAR APPEAL PROCESS, SIMPLY BECAUSE: (A). Where a Habeas Petitioners predicates, merits…
20-652 George Georgiou v. United States Third Circuit 2020-11-12 Denied Response Waived 28-usc-2255 brady-v-maryland brady-violation certificate-of-appealability counsel-waiver due-process napue-v-illinois prosecutorial-misconduct rule-8c witness-testimony Whether the order of the court of appeals denying a certificate of appealability should be reversed and remanded, because it is manifestly incorrect t…
20-644 Terrence Pendergrass v. United States Second Circuit 2020-11-10 Denied Response Waived buck-v-davis certificate-of-appealability civil-rights due-process evidentiary-hearing habeas-corpus ineffective-assistance motion-to-vacate second-circuit summary-dismissal I. Contrary to the holding in Buck v. Davis, 137 S. Ct. 759 (2017), did the Second Circuit err in denying Petitioner's motion for a certificate of app…
20-6262 Daniel Twian Brown v. Steven Johnson, Administrator, New Jersey State Prison, et al. Third Circuit 2020-11-10 Denied IFP certificate-of-appealability constitutional-rights criminal-procedure due-process effective-assistance-of-counsel fifth-amendment fourteenth-amendment fourth-amendment ineffective-counsel warrantless-arrest 1.) Whether the Third Circuit Court of Appeals Erred in Denying Petitioner a Certificate of Appealability on His Claim that Warrantless Arrest was not…
20-6247 Jermont Cox v. John E. Wetzel, Secretary, Pennsylvania Department of Corrections, et al. Third Circuit 2020-11-06 Denied Response WaivedIFP certificate-of-appealability default-rule exculpatory-evidence habeas-corpus ineffective-assistance-of-counsel ineffective-assistance-of-trial-counsel martinez-standard martinez-v-ryan rule-60(b)(6) Rule 60(b)(6) authorizes a district court to grant relief from judgment for "any . . . reason that justifies relief " on a showing of "extraordinary c…
20-6209 Louis Sanders v. Charles Williams, Jr., Warden Fourth Circuit 2020-11-04 Denied Response WaivedIFP appellate-review certificate-of-appealability civil-rights due-process fourth-circuit habeas-corpus miller-el-standard slack-v-mcdaniel standard-of-review threshold-inquiry CERTIORARI SHOULD ISSUE TO REVIEW THE JUDGEMENT BELOW WHERE THE FOURTH CIRCUIT DENIED CERTIFICATE OF APPEALABILTY IN CONFLICT WITH RELEVANT DECISIONS …
20-6184 I. Dean Fulton v. Kathy Brittain, Superintendent, State Correctional Institution at Frackville, et al. Third Circuit 2020-11-03 Denied Response WaivedIFP aggravated-assault buck-v-davis certificate-of-appealability due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel insufficient-evidence third-circuit I. WHETHER THE THIRD CIRCUIT COURT OF APPEALS VIOLATED BUCK V. DAVIS, 580 U.S.__, 137 S.CT. 759, 197 L.ED.2D 1 (2017) WHEN IT DENIED A CERTIFICATE OF …
20-6186 Piyarath S. Kayarath v. United States Tenth Circuit 2020-11-03 Denied Response WaivedIFP 28-usc-2253 certificate-of-appealability civil-procedure court-of-appeals due-process habeas-corpus jurisdictional-review rule-60b section-2253 section-2255 successive-petitions 1. Whether Court of Appeals fulsome review of potential: 28 U.S.C. s 2253 (c) (1)? 2. Whether Court of Appeals was correct in its procedural ruling t…
20-6199 Jacob Townley Hernandez v. Suzanne M. Peery, Warden Ninth Circuit 2020-11-03 Denied Response RequestedRelisted (11)IFP certificate-of-appealability constitutional-claim counsel-communication gag-order habeas-corpus right-to-counsel sixth-amendment structural-error trial-court-order trial-procedure Before trial began, the trial court issued a concededly unjustified gag order that prohibited defense counsel from discussing with the defendant or an…
20-6201 Anthony Thomas v. Victor Calloway, Warden Seventh Circuit 2020-11-03 Denied Response WaivedIFP certificate-of-appealability district-court due-process federal-constitutional-law habeas habeas-corpus perjury procedural-default state-law 1. Should a certificate of appealability have issued where the District Court incorrectly opined that claims raised by Mr. Thomas were matters of st…
20-6140 Roger Jose Almanzar v. United States First Circuit 2020-10-27 Denied Response WaivedIFP appellate-review certificate-of-appealability counsel-performance due-process first-circuit habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargaining plea-offer sixth-amendment Did the First Circuit err in not granting a certificate of appealability on the merits of the claims of ineffective assistance of counsel when it addr…
20-547 Luis Xadiel Cruz Vazquez v. United States First Circuit 2020-10-26 Denied Response Waived brady-violation certificate-of-appealability conflict-of-interest due-process effective-assistance-of-counsel mickens-v-taylor sixth-amendment united-states-v-decologero wheat-v-united-states 1. In refusing to issue a COA, did the First Circuit apply a novel, harsher standard requiring Petitioner to prove actual intent by conflicted counsel…
20-6135 Justin Mertis Barber v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2020-10-26 Denied Response WaivedIFP certificate-of-appealability due-process eleventh-circuit federal-statute habeas-corpus ineffective-assistance-of-counsel procedural-default statute-of-limitations WHETHER THE ELEVENTH CIRCUIT COURT OF APPEALS ERRED IN DENYING BARBER'S MOTION FOR LEAVE TO FILE A MOTION FOR A CERTIFICATE OF APPEALABILITY FINDING T…
20-6121 Jesus Adam Lizarraga v. United States Eighth Circuit 2020-10-23 Denied Response WaivedIFP certificate-of-appealability eighth-circuit guilty-plea ineffective-assistance ineffective-assistance-of-counsel massaro-precedent massaro-v-united-states procedural-default Whether the Eight Circuit's denial of a certificate of appealability, where the district court summarily denied Mr. Lizarraga's motion to vacate, base…
20-531 Derek Hutter v. United States Fifth Circuit 2020-10-21 Denied Response Waived 28-usc-2253 appellate-review certificate-of-appealability criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sentencing sentencing-hearing Whether the court of appeals improperly denied the Petitioner a certificate of appealability under 28 U.S.C. § 2253(c) on his claim(s) that his counse…
20-6067 Angeledith Saramaylene Smith v. United States Ninth Circuit 2020-10-20 Denied Response WaivedIFP certificate-of-appealability evidentiary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel ninth-circuit plea-agreement sentencing sentencing-disparity Whether the District Court erred in rejecting petitioner's claim that her attorney provided ineffective assistance of counsel by failing to object to …
20-6082 Douglas D. Yokois v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. Ninth Circuit 2020-10-20 Denied Response WaivedIFP actual-innocence certificate-of-appealability constitutional-rights district-court due-process habeas-corpus miscarriage-of-justice ninth-circuit procedural-ruling Whether the Ninth Federal Circuit Court of Appeals improperly denied Petitioner's Motion for Issuance of Certificate of Appealability (hereinafter, "C…
20-6087 Tana Chris Lawrence v. United States Ninth Circuit 2020-10-20 Denied Response WaivedIFP certificate-of-appealability habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-review plea-agreement sentencing sentencing-disparity standard-of-review 1. Whether the District Court erred in rejecting petitioner's claim that her attorney provided ineffective assistance of counsel by failing to object …
20-6048 David J. Godine, III v. Warren L. Montgomery, Warden Ninth Circuit 2020-10-16 Denied Response WaivedIFP actual-innocence certificate-of-appealability eyewitness-testimony habeas-corpus ineffective-assistance-of-counsel misidentification ninth-circuit pro-se-petition strickland-claim Petitioner David Godine sought leave in district court to amend his untimely pro se federal habeas petition with new claims. To excuse the untimelines…
20-5973 Efrain Santos v. Stewart Eckert, Superintendent, Wende Correctional Facility Second Circuit 2020-10-09 Denied IFP certificate-of-appealability due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct second-circuit sixth-amendment 1. Whether the U.S. Court of Appeals for the Second Circuit erred in refusing to grant petitioner a COA to appeal from a judgment of the District Co…
20-5988 Ziyad Yaghi v. United States Fourth Circuit 2020-10-09 Denied Response WaivedIFP appellate-review certificate-of-appealability due-process effective-assistance-of-counsel gvr plea-process sixth-amendment Whether this Court should GVR the lower court's decision denying a Certificate of Appealability in this case because its denial violates principles of…
20-5953 Alex Lenard McCoy v. United States Fourth Circuit 2020-10-08 Denied Response WaivedIFP andrus-v-texas certificate-of-appealability counsel-performance discovery due-process ineffective-assistance ineffective-assistance-of-counsel plea-bargaining section-2255 sixth-amendment 1. Was trial counsel ineffective in his directive to advise McCoy to plead guilty by failing to review the government's discovery in violation of this…
20-5964 Marlow Shelton McDonald v. Jeff Titus, Warden Eighth Circuit 2020-10-08 Denied Response WaivedIFP 28-usc-2253 certificate-of-appealability federal-court federal-courts habeas-corpus procedural-grounds reasonable-jurists statutory-interpretation 1. In deciding whether to issue a certificate of appealability under 28 U.S.C. § 2253, may a federal court find that "reasonable jurists would not dis…
20-5888 Burton Lee Smith v. Steven Johnson, Administrator, New Jersey State Prison, et al. Third Circuit 2020-10-02 Denied IFP 404(b)-jury-instructions bruton-v-united-states certificate-of-appealability confrontation-clause constitutional-rights effective-assistance-of-counsel ineffective-assistance-of-counsel jury-instructions mug-shot-identification severance-of-defendants sleeping-juror trial-procedure 1.) Whether the Third Circuit Court of Appeals Erred in Denying Petitioner a Certificate of Appealability on His Claim that was not Denied His State…
20-5889 In Re Jesus Anaya 2020-10-02 Denied Response WaivedIFP adversarial-testing certificate-of-appealability constitutional-rights constructive-denial-of-counsel criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel slack-standard standard-of-review WHETHER TRIAL AND APPELLATE COUNSEL(S)' S INADEQUATE REPRESENTATION OF JESUS ANAYA CONSTITUTED, AT BEST, CONSTRUCTIVE DENIAL OF COUNSEL, WHERE TRIAL C…
20-5897 Demetrice Williams v. Sandy McCain, Warden, et al. Fifth Circuit 2020-10-02 Denied IFP certificate-of-appealability COA criminal-procedure criminal-prosecution denial effective-assistance-of-counsel equal-protection federal-district-court fourteenth-amendment ineffective-assistance-of-counsel sixth-amendment A. WHETHER THE FEDERAL DISTRICT COURT SHOULD NOT HAVE DENIED COA BASED ON THE SUBSTANTIAL SHOWING OF THE DENIAL OF THE SIXTH AMENDMENT GUARANTEES OF T…
20-5864 Peter George Noe v. United States Eighth Circuit 2020-10-01 Denied Response WaivedIFP appeals certificate-of-appealability circuit-split civil-procedure federal-appellate-procedure federal-courts finality habeas-corpus judicial-review jurisdiction standard-of-review standing Did the panel abuse its discretion by denying certificate of appealability when there is a conflict in the District courts on the issue and Jurists of…
20-5832 Damon Graham v. United States First Circuit 2020-09-29 Denied Response WaivedIFP appellate-procedure certificate-of-appealability constitutional-rights due-process expectation-of-privacy habeas-corpus k-9-search sentencing-enhancement standard-of-review warrantless-search 1) Whether the United States Court of Appeals for the First Circuit abused it's discretion by improperly denying Petitioner a certificate of appeal…
20-5800 Robert L. Rose v. Lynn Guyer, Warden, et al. Ninth Circuit 2020-09-25 Denied Response WaivedIFP abuse-of-discretion appellate-review certificate-of-appealability discretionary-ruling federal-rules-civil-procedure federal-rules-of-civil-procedure habeas-corpus judicial-procedure reasonable-jurists rule-70(a) In order to appeal a final order in a habeas corpus proceeding, a state prisoner must obtain a certificate of appealability. See, 28 U.S.C. § 2253(c)(…
20-5761 In Re Antonio M. Bogan 2020-09-23 Denied IFP certificate-of-appealability collusion constructive-possession due-process habeas-corpus judicial-review procedural-fairness retaliation Whether habeas corpus relief is being denied where (a) the State of Illinois failed to prove the substantive demerits of constructive possession — Mr.…
20-5750 Chester Alan Staples v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2020-09-18 Denied Relisted (2)IFP appellate-jurisdiction appellate-procedure certificate-of-appealability criminal-procedure due-process fifth-circuit habeas-corpus judicial-review standard-of-review Did the UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT err in denying my motion (Staples) for a Certificate of Appealability?
20-5719 Efrain Camarill Cruz v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2020-09-16 Denied Response WaivedIFP certificate-of-appealability double-jeopardy federal-jurisdiction guilty-plea habeas habeas-corpus ineffective-assistance mental-illness plea-bargaining Whether the court of appeals improperly denied the Petitioner a certificate of appealability under 28 U.S.C. § 2253(c) on his federal habeas claims th…
20-5660 Percy St. George v. Kevin Ransom, Superintendent, State Correctional Institution at Dallas, et al. Third Circuit 2020-09-11 Denied Response WaivedIFP certificate-of-appealability civil-rights constitutional-claim court-of-appeals district-court due-process habeas-corpus legal-standard petition-review reasonable-jurist standard-of-review standing WHETHER REASONABLE JURIST COULD DEBATE THE THIRD CIRCUIT COURT OF APPEALS ADOPTION THAT THE DISTRICT COURT'S RULING THAT APPELLANT'S PETITION DOES NOT…
20-5647 Robert William Moynihan v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2020-09-10 Denied Response WaivedIFP certificate-of-appealability constitutional-injustice constitutional-manifest-injustice exceptional-circumstances federal-courts judicial-power legal-remedy procedural-default standing Whether or not, as a matter of law, wove fe po. Se litigank, whe has presented clear and convincing evidence. demonsbroting a. ae constitutional im na…
20-5624 Juan Francisco Vega v. Chad Poppell, Secretary, Florida Department of Children and Families Eleventh Circuit 2020-09-09 Dismissed IFP §2254-petition certificate-of-appealability circuit-court-discretion extraordinary-circumstances false-imprisonment habeas-corpus sexually-violent-predator successive-petitions WHETHER JURISTS OF REASON COULD DEBATE THAT THE CIRCUIT COURT OF APPEALS ABUSED ITS DISCRETION BY NOT GRANTING A COA WHERE THE UNDERLYING CLAIM OF THE…
20-5625 Ricky Williams v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2020-09-09 Denied Response WaivedIFP appellate-procedure certificate-of-appealability due-process federal-courts habeas-corpus standard-of-review Petitioner was not entitled to issuance of a certificate of appealability?
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 During a hearingr.ori: a Motion to Suppress Evidence, when the State fails to carry it's burden of proof, is the remedy suppression of the evidence?…
20-5563 Richard Bays v. Tim Shoop, Warden Sixth Circuit 2020-09-02 Denied IFP aedpa atkins-claim atkins-v-virginia certificate-of-appealability death-penalty habeas-corpus hall-v-florida ineffective-assistance-of-counsel intellectual-disability moore-v-texas 1. Is it at least debatable whether Petitioner was improperly denied the right to amend his federal habeas corpus petition to include a claim that he …
20-5462 Smith Ellison, Jr. v. Robert Neuschmid, Warden Ninth Circuit 2020-08-28 Denied IFP certificate-of-appealability civil-procedure complete-defense constitutional-rights due-process evidence-preclusion motion-for-reconsideration remorse self-defense standing Whether Petitioner is entitled to a certificate of appealability to appeal a denial of the Motion for Reconsideration.
20-5509 Christopher L. Pugh v. Linton Deloach, Warden Eleventh Circuit 2020-08-27 Denied Relisted (2)IFP appellate-procedure certificate-of-appealability constitutional-question court-of-appeals due-process habeas habeas-corpus judicial-review non-published-order unpublished-order Whether Court of Appeals erred.) ujk.em it disposed. of -ike. Constitutional question presented, by habeas petitioner bydevxyinc) his application Von…
20-5516 Joseph Peter Garbarini v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2020-08-27 Denied IFP appellate-review certificate-of-appealability circuit-court district-court double-jeopardy due-process fifth-circuit ineffective-assistance-of-counsel judicial-disagreement procedural-bar Did the Fifth Circuit err in denying a certificate of appealability on a double jeopardy claim reasoning that I am procedurally barred when a debate e…
20-5523 Brian Jury v. David W. Gray, Warden Sixth Circuit 2020-08-26 Denied Response WaivedRelisted (2)IFP certificate-of-appealability circuit-court civil-procedure civil-rights constitutional-claims due-process fourteenth-amendment fourth-amendment habeas-corpus standing statutory-procedure 1) Would reasonable jurors find the district court's assessment of this petitioner's constitutional claims to be debatable or wrong, or whether his ha…
20-5483 Dion Black v. Norm Robinson, Warden Sixth Circuit 2020-08-25 Denied IFP certificate-of-appealability confrontation-clause confrontation-rights cross-examination double-inference-rule effective-assistance-of-counsel habeas-corpus ineffective-assistance-of-counsel sufficiency-of-evidence Should the petitioner have been granted a certificate of appealability where the State courtS/U.S. District Court and Sixth Circuit Court of Appeals d…
20-5448 Antonio Williams v. William J. Pollard, Warden Seventh Circuit 2020-08-21 Denied Response WaivedIFP aedpa-standards antiterrorism-and-effective-death-penalty-act appellate-counsel certificate-of-appealability constitutional-rights effective-assistance-of-counsel habeas-corpus habeas-relief ineffective-assistance interest-of-justice newly-discovered-evidence 1. Whether federal courts should or must consider the restrictive standards for granting habaes relief under the Antiterrorism and Effective Death P…
20-191 Patrick Ronald Silva v. United States Fourth Circuit 2020-08-19 Denied Response Waived 28-usc-2255 appellate-review certificate-of-appealability due-process fourth-circuit habeas-corpus miller-el-standard miller-el-v-cockrell I. Whether the Fourth Circuit's denial of Petitioner's request for a certificate of appealability pursuant to 28 U.S.C. § 2255 was unreasonable and co…
20-5402 Joseph Glenn Savicki v. Mark S. Inch, Secretary, Florida Department of Corrections Eleventh Circuit 2020-08-19 Denied Response WaivedIFP certificate-of-appealability constitutional-review due-process equal-protection habeas-corpus ineffective-assistance ineffective-assistance-of-counsel post-conviction-review procedural-error prosecutorial-misconduct Question not identified.
20-5412 Kenneth T. Bluew v. Connie Horton, Warden Sixth Circuit 2020-08-19 Denied Response WaivedIFP certificate-of-appealability due-process factual-record habeas-corpus ineffective-assistance procedural-review sixth-circuit Where Petitioner has never been allowed to develop the factual record which supports his claims of ineffective assistance of trial counsel, should thi…
20-5417 Rasheed Lamar Robinson v. United States Eleventh Circuit 2020-08-19 Denied Response RequestedResponse WaivedRelisted (2)IFP certificate-of-appealability criminal-procedure due-process eighth-amendment federal-habeas-corpus felony-convictions national-importance retroactive-sentencing Whether Petitioner's enhanced sentence based on a retroactively erased felony violates Due Process of Law, and the denial of a Certificate of Appealab…
20-5391 Inez Lambert v. Rob Paersson Ninth Circuit 2020-08-18 Denied Response WaivedIFP aedpa aedpa-limitation certificate-of-appealability civil-rights constitutional-rights counsel-ineffectiveness due-process equitable-tolling habeas habeas-petition 1. Whether a Certificate of Appealability should have been granted to review petitioner's equitable tolling defense where a reasonable jurist could ha…
20-5378 James Lynn Styers v. David Shinn, Director, Arizona Department of Corrections Ninth Circuit 2020-08-17 Denied IFP capital-case certificate-of-appealability collateral-review eddings-standard eddings-v-oklahoma habeas-corpus mitigation-evidence ninth-circuit second-or-successive-petition Whether the Arizona Supreme Court, during reweighing on collateral review to correct its error under Eddings v. Oklahoma, 455 U.S. 104 (1982), is requ…
20-5354 Johnnie Lee Jordan, Jr. v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2020-08-14 Denied Response WaivedIFP 2254-petition brady-violation certificate-of-appealability civil-rights criminal-procedure due-process giglio-violation habeas-corpus ineffective-assistance-of-counsel insufficient-evidence pro-se-litigant standing Whether pro se litigants can be sentenced to a natural life sentence because of Giglio and Brady violations, and insufficient evidence plain on the fa…
20-145 Carl Skidmore v. Joe A. Lizarraga, Warden Ninth Circuit 2020-08-12 Denied Response Waived certificate-of-appealability cumulative-error de-novo-review district-court evidentiary-hearing fact-finding habeas-corpus post-conviction speculative I. Whether a certificate of appealability should have issued to address the question whether a district court may deny a habeas corpus petition as "sp…
20-5334 Dennis K. Kieren, Jr. v. Aaron D. Ford, Attorney General of Nevada Ninth Circuit 2020-08-12 Denied Response WaivedIFP certificate-of-appealability constitutional-law constitutional-rule due-process first-degree-murder habeas-corpus retroactivity statutory-interpretation Whether the Ninth Circuit should have granted a Certificate of Appealability on the district court's denial of Kieren's motion to amend his petition w…
20-5316 Tyrone Smith v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2020-08-11 Denied Response WaivedRelisted (2)IFP appellate-procedure certificate-of-appealability civil-procedure civil-rights constitutional-claim discretionary-review due-process equal-protection federal-courts federal-district-court habeas-corpus standing 1. Abbednee toe Slate Covort decrvgor Patt "here v3 NO Beguiremeut Hye Court ufoven Hae ly <feadanit of tHe Elemieats of @ach Chinogs" Coatrory to Sup…
20-5319 Juan Carlos Avila-Gonzalez v. United States Fifth Circuit 2020-08-11 Denied Response WaivedIFP certificate-of-appealability civil-rights compelled-speech competence-to-waive counsel-investigation due-process fifth-circuit free-exercise free-speech ineffective-assistance medical-history public-accommodations WHETHER THE FIFTH CIRCUIT APPLIED THE CORRECT LEGAL STANDARD WHEN DENIED AVILA'S COA IN THE CLAIM THAT HE RECEIVED INEFFECTIVE ASSISTANCE OF COUNSEL B…
20-5271 Toshi Edward Willingham v. Catherine S. Bauman, Warden Sixth Circuit 2020-08-05 Denied Response WaivedIFP certificate-of-appealability constitutional-rights district-court due-process habeas-corpus judicial-review sixth-circuit 1. DID THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN AND THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT ERRONEOUSLY …
20-5274 James S. Harris v. Sherie Korneman, Warden Eighth Circuit 2020-08-05 Denied Response WaivedIFP certificate-of-appealability district-court equitable-tolling habeas-corpus limitations-period reasonable-jurists Did Mr. Harris present reasons for why the one-year limitations period should be equitably tolled in his case to which reasonable jurists could differ…
20-5247 Avern Lee Burnside v. Randee Rewerts, Warden Sixth Circuit 2020-08-04 Denied Response WaivedRelisted (2)IFP certificate-of-appealability due-process habeas-corpus newly-discovered-evidence perjured-testimony presumption-of-correctness prosecutorial-misconduct DID THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN AND THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT ERRONEOUSLY DEN…
20-5218 Daniel Page v. Renee Baker, Warden, et al. Ninth Circuit 2020-07-30 Denied Response WaivedIFP certificate-of-appealability criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel medical-condition ninth-circuit plea-bargaining pre-sentence-motion trial-counsel 1. Whether the Ninth Circuit erred by denying a certificate of appealability on the question of whether the trial court should have granted Mr. Page's…
20-90 Eugene Slone v. United States Sixth Circuit 2020-07-29 Denied Response Waived certificate-of-appealability criminal-procedure habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-agreement sixth-amendment strickland-standard subject-matter-jurisdiction Did Slone sufficiently meet his burden under Strickland such that the District and Circuit courts should have granted his petition for a Certificate o…
20-5201 Travaris Crawford v. United States Eleventh Circuit 2020-07-28 Denied Response WaivedIFP appellate-procedure certificate-of-appealability cross-appeal district-court eleventh-circuit habeas-corpus jennings-v-stephens judicial-procedure Whether Jennings v. Stephens allows an appellee to expand the certificate of appealability and urge affirmance of a district court denial of a habeas …
20-5160 Keith Henderson v. Eddie Miles, Warden Eighth Circuit 2020-07-27 Denied Response WaivedIFP 28-usc-2253 certificate-of-appealability federal-court federal-courts habeas-corpus procedural-grounds reasonable-jurists statutory-interpretation 1. In deciding whether to issue a certificate of appealability under 28 U.S.C. § 2253, may a federal court find that "reasonable jurists would not dis…
20-71 Stephen P. Brown v. United States Second Circuit 2020-07-24 Denied Response Waived appeal-waiver certificate-of-appealability criminal-procedure due-process fifth-amendment ineffective-assistance section-2255 sentencing sentencing-review sixth-amendment Should this Court vacate and remand the Februar y 12, 2020 Order of the U.S. Court of Appeals for the Second Circuit denying a certificate of appealab…
20-5154 Jorge Armando Herrera Salguero v. California Ninth Circuit 2020-07-23 Denied Response WaivedIFP certificate-of-appealability closing-argument credibility due-process habeas habeas-corpus prosecutorial-misconduct witness-credibility Is the Ninth Circuit's denial of a COA on Salguero's prosecutorial misconduct claim contrary to this Court's jurisprudence?
20-5146 Douglas Harry Warenback v. Dwight W. Neven, Warden, et al. Ninth Circuit 2020-07-22 Denied Response WaivedIFP 14th-amendment access-to-courts case-law certificate-of-appealability court-access due-process first-amendment fourteenth-amendment judicial-review Has the Circuit Court violated my first Amendment right to access the courts by failing to provide any evidence that my request for certificate of app…
20-5150 Ernest R. Jenkins v. Daniel Clarke, Warden Seventh Circuit 2020-07-22 Denied IFP appellate-review certificate-of-appealability constitutional-claim criminal-procedure due-process fundamental-right habeas-corpus harmless-error judicial-review jurisdiction standing state-prosecution 1. Was the Circuit Court's denial of the petitioner's request for a certificate of apealability (COA) erroneous? 2. Does the petitioner have a fundam…
20-5110 Gabriel Cardona-Ramirez v. United States Fifth Circuit 2020-07-21 Denied Response WaivedIFP certificate-of-appealability circuit-conflict collateral-appeal-waiver district-court due-process plea-agreement section-2255 standing sua-sponte CIRCUIT CONFLICT(split)rWHETHER a district court in a Section 2255 proceeding has the authority to raise a collateral-appeal waiver defense sua sponte…
20-5129 David Aziel Sheer v. Patrick Warren, Warden Sixth Circuit 2020-07-21 Denied Response WaivedIFP certificate-of-appealability confrontation-clause effective-assistance-of-counsel fair-trial fourteenth-amendment ineffective-assistance-of-counsel prosecutorial-misconduct sixth-amendment I. WHETHER THIS COURT SHOULD ISSUE A WRIT OF CERTIORARI IN ORDER TO CORRECT THE SIXTH CIRCUITS DECISION IN DENYING PETITIONER A CERTIFICATE OF APPEALA…
20-36 Michael J. McGowan v. United States Second Circuit 2020-07-17 Denied Response Waived certificate-of-appealability due-process habeas-corpus ineffective-assistance-of-counsel mental-illness pro-se Whether Petitioner, a mentally ill prisone r serving a 110-year prison sentence, whose appellate counse l led him to believe that no further legal cha…
20-5082 Robert Deane Schwartz v. Raymond Madden, Warden Ninth Circuit 2020-07-15 Denied IFP affirmative-defense certificate-of-appealability due-process fourteenth-amendment habeas habeas-corpus jury-instruction jury-instructions Did the Ninth Circuit err for failing to grant a certificate of appealability pursuant to 28 U.S.C. § 2253(c)(2) on petitioner's claim that the state …
20-5039 Antwoyn Terrell Spencer v. United States Eighth Circuit 2020-07-13 Denied Response WaivedIFP 5th-amendment appellate-review certificate-of-appealability criminal-procedure due-process eighth-circuit fifth-amendment grand-jury-indictment habeas-corpus personal-liberty 1. Whether the Eighth Circuit Court of Appeals Erred Denying Petitioner a Certificate of Appealability? 2. Whether Petitioner is Deprived of his Pers…
19-1467 Robert S. Ortloff, aka Robert Stanley Ortloff v. Mark Brnovich, Attorney General of Arizona, et al. Ninth Circuit 2020-07-07 Denied 28-usc-2253 28-usc-2254 anti-terrorism-act anti-terrorism-and-effective-death-penalty-act certificate-of-appealability docket-management due-process habeas-corpus judicial-review pro-se pro-se-petition 1. Whether the Court of Appeals erred when it contravened long-established decisional law to deny a pro se habeas petitioner a certificate of appealab…
19-8863 Michael Strausbaugh v. United States Third Circuit 2020-07-01 Denied Response WaivedIFP appealability appellate-review certificate-of-appealability civil-rights court-of-appeals due-process federal-district-court habeas-corpus judicial-determination miller-el-doctrine procedural-standard standing Whether the Court of Appeals contravenes the Certificate of Appealability is denied based on the Unsheltered Court Records determined in and whether t…
19-8823 Alex Joseph Pedrin, Jr. v. United States Ninth Circuit 2020-06-26 Denied Response WaivedIFP certificate-of-appealability criminal-procedure due-process evidentiary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct stash-house-sting Was Mr. Pedrin prejudiced by both the individual and cumulative impact of 1.) multiple deficiencies or errors by counsel during the pretrial, plea, tr…
19-1420 Jared D. Herrmann v. Ryan McCarthy, Secretary of the Army Ninth Circuit 2020-06-25 Denied Response Waived certificate-of-appealability collateral-consequences constitutional-challenge custody custody-interpretation federal-appeal federal-jurisdiction habeas-corpus military-tribunals subject-matter-jurisdiction Whether the district court misinterpreted its subject matter jurisdiction when dismissing without adjudication petitioner's 28 U.S.C. § 2241 Federal h…
19-8784 Chester Brown v. Darrel Vannoy, Warden Fifth Circuit 2020-06-22 Denied Response WaivedIFP appellate-procedure appellate-review certificate-of-appealability criminal-proceedings due-process habeas-corpus ineffective-assistance-of-counsel lower-court motion-denial standard-of-review DID THE LOWER COURT ERROR WHEN IT DENIED PETITIONER'S MOTION FOR CERTIFICATE OF APPEALABILITY?
19-8726 Terrance D. Goodman v. United States Eleventh Circuit 2020-06-17 Denied Response WaivedIFP appellate-procedure certificate-of-appealability circuit-court-standards civil-procedure civil-rights constitutional-review due-process eleventh-circuit holmes-v-united-states judicial-discretion standing 1 Did the Eleventh Circuit violate the precedent of Holmes v. United States, 876 F.2d 1545 (11th Cir. 1989) by issuing an order that conflicts with th…
19-8727 Felton Ladell Humphries, Jr. v. S. Sherman, Warden Ninth Circuit 2020-06-17 Denied Response WaivedIFP certificate-of-appealability constitutional-rights criminal-procedure due-process first-degree-murder jury-instruction self-defense voluntary-manslaughter DOES HUMPHRIES HAVE A FUNDAMENTAL RIGHT GUARANTEED BY THE FIFTH, SIXTH, AND FOURTEENTH AMENDMENTS TO A PROPERLY INSTRUCTED JURY DETERMINING THAT ALL E…
19-8698 Neal Scott Stone v. United States Sixth Circuit 2020-06-15 Denied Response WaivedIFP certificate-of-appealability circuit-split drug-trafficking due-process entrapment-defense habeas-corpus ineffective-assistance-of-counsel police-informant sixth-circuit 1. Does the Sixth Circuit's Amended Order, in which it denied Stone's COA Motion; conflict with Lozada v.Deeds, 498 U.S. 430 (199r)(per curiam) and pr…
19-1372 Angel M. Ayala-Vazquez v. United States First Circuit 2020-06-12 Denied Response Waived 5th-amendment 6th-amendment appellate-review certificate-of-appealability due-process evidentiary-hearing fair-trial fifth-amendment judicial-proceedings perjured-testimony sixth-amendment standard-of-review supreme-court-precedent writ-of-certiorari Whether the lower courts so far departed from the accepted and usual course of judicial proceedings, or sanctioned such a departure by a lower court, …
19-8656 Michael Jacoby v. United States Tenth Circuit 2020-06-10 Denied Response WaivedIFP actual-innocence certificate-of-appealability circuit-split due-process fifth-amendment ineffective-assistance ineffective-assistance-of-counsel miscarriage-of-justice successive-2255 1. Whether the Petitioner's Fifth Amendment right was violated from the 10th Circuit's application of the actual innocence & miscarriage of justice st…
19-8664 Charles T. Kirvin v. California, et al. Ninth Circuit 2020-06-10 Denied IFP appellate-review certificate-of-appealability circuit-court civil-rights due-process federal-jurisdiction habeas-corpus jurisdictional-challenges legal-standing petition-denial procedural-grounds standing THE NINTH CIRCUIT ARBITRARINY ERRONEDUS/Y DENIED APPEllanT CERtiFiCAtE oF APpEAlAbilitY StatinG,"PEtitiOn fail to state any federal Constitutional Cla…
19-8565 Christopher S. Andersen v. Jeri Taylor Ninth Circuit 2020-05-29 Denied Response WaivedIFP certificate-of-appealability due-process habeas habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-review standard-of-review strickland-standard strickland-v-washington Whether the test for granting a Certificate of Appealability in a habeas action on an ineffective assistance of trial counsel claim must incorporate t…
19-8555 James Troiano v. United States Ninth Circuit 2020-05-28 Denied Response WaivedIFP 28-usc-2253 certificate-of-appealability circuit-split criminal-procedure federal-appellate-procedure habeas-corpus harmless-error rehaif-error rehaif-v-united-states structural-error The Fourth Circuit has held that error under Rehaif v. United States, 139 S.Ct. 2191 (2019), is structural; the Ninth Circuit and other courts routine…
19-8454 Michael Boykin v. Mark S. Inch, Secretary, Florida, Department of Corrections, et al. Eleventh Circuit 2020-05-14 Denied Response WaivedIFP affidavit certificate-of-appealability civil-procedure cumulative-evidence declaration hearsay-evidence in-forma-pauperis ineffective-assistance martinez-rule poverty procedural-default redress 1. Whether the circuit court erred by denying a certificate of appealabilit y for an ineffective assistance claim because the omitted evidence was ina…
19-8465 Earl T. Moore v. Steven Johnson, Administrator, New Jersey State Prison, et al. Third Circuit 2020-05-14 Denied IFP appellate-procedure appellate-review certificate-of-appealability due-process habeas-corpus procedural-timeliness third-circuit timeliness writ-of-habeas-corpus 1.) Whether the Third Circuit Court of Appeals Erred in Denying Petitioner a Certificate of Appealability on His Claim that Petition for a Writ of Hab…
19-8396 Robert R. Hill v. Steven Johnson, Administrator, New Jersey State Prison, et al. Third Circuit 2020-05-05 Denied IFP certificate-of-appealability conflict-of-interest due-process fourteenth-amendment prosecutor prosecutorial-misconduct trial-judge Whether the district court and the third circuit erred in refusing to issue a certificate of appealability when it determined the Conflict of Interest…
19-1245 Samuel Kwushue v. United States Eleventh Circuit 2020-04-23 Denied Response Waived 28-usc-2255 certificate-of-appealability civil-rights constitutional-claims due-process eleventh-circuit federal-appeals habeas-corpus section-2255 Whether the United States Court of Appeals for the Eleventh Circuit erred in denying a Certificate of Appealability (COA) to review the denial of Peti…
19-8343 Kenan Allen v. Darrel Vannoy, Warden Fifth Circuit 2020-04-22 Denied IFP certificate-of-appealability constitutional-rights due-process equitable-tolling federal-review habeas-corpus state-court-notification statutory-limitation Whether a "Certificate of Appealability" should have been issued regarding the matter of conduct during Mr. Allen's filing of his 28 U.S.C. § 2254 pet…
19-8315 Todd Michael Vincent v. United States Eleventh Circuit 2020-04-21 Denied Response WaivedIFP appeals appellate-procedure certificate-of-appealability civil-procedure district-court due-process federal-courts habeas-corpus judicial-review rule-60b section-2255 statutory-interpretation Question One A review of an order denying a Rule 60(b) motion does not involve the validity of the underlying judgment. Yet, the Eleventh Circuit, lik…
19-8318 William Whiteley v. John Willis, et al. Eleventh Circuit 2020-04-21 Denied Response WaivedIFP automobile-exception certificate-of-appealability criminal-procedure evidence-law exculpatory-evidence eyewitness fourth-amendment ineffective-assistance ineffective-assistance-of-counsel search-and-seizure warrantless-search Whether petitioner is entitled to a certificate of appealability on his claim that the warrantless search of his automobile's glove compartment violat…
19-8325 Qais Hussein v. United States Seventh Circuit 2020-04-21 Denied Response WaivedIFP certificate-of-appealability criminal-procedure habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining section-2255 sentencing sentencing-guidelines Is it reasonably debatable that Qais Hussein was deprived the effective assistance of counsel where his defense attorney failed to object to any insin…
19-8327 Ikemefula Charles Ibeabuchi v. Mark Brnovich, Attorney General of Arizona, et al. Ninth Circuit 2020-04-21 Dismissed IFP case-processing certificate-of-appealability civil-rights court-of-appeals discretionary-power due-process habeas-corpus judicial-discretion judicial-review jurisdiction legal-procedure standing Whether a Certificate of Appealability should issue under 28 U.S.C. § 2253(c)(2) when the United States Court of Appeals, in a decision dated Septembe…
19-8301 Stephen J. Mocco v. David Shinn, Director, Arizona Department of Corrections, et al. Ninth Circuit 2020-04-19 Denied Response WaivedIFP apprendi-rule apprendi-v-new-jersey brady-v-maryland brady-violation certificate-of-appealability sixth-amendment slack-standard slack-v-mcdaniel townsend-hearing townsend-v-sain Question #1: In Hohn v. United States , 524 U.S. 236, 253 (1998), this Court held that it has authority and jurisdiction to review denials of applicat…
19-8306 Marcel Nwagu v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2020-04-19 Denied IFP certificate-of-appealability civil-procedure collateral-review habeas-corpus ineffective-assistance ineffective-assistance-of-counsel procedural-default rule-60-motion standard-of-review 1. Whether, in this case, under the authorities of Martinez, Trevino and Ayestas, Petitioner is entitled to Rule 60 (b) (6) relief due to the alleged …
19-8291 Willis J. Yazzie v. United States Tenth Circuit 2020-04-17 Denied Response WaivedIFP buck-v-davis certificate-of-appealability civil-rights court-of-appeals due-process habeas-corpus judicial-procedure pro-se pro-se-litigant standing Whether the court of appeals disregarded this Court's decision in Buck v. Davis to a pro-se litigant about the COA procedure by deciding the merits of…
19-8292 Russell Tinsley v. Sherry Yates, Administrator, Adult Diagnostic and Treatment Center, et al. Third Circuit 2020-04-17 Denied IFP certificate-of-appealability civil-commitment constitutional-law constitutional-provisions due-process fauntleroy-doctrine full-faith-and-credit jurisdiction WHEATHER THE NEW JERSEY CIVIL COMMITMENT OF MR. TINSLEY WAS A VIOLATION OF THE FAUNTLEROY DOCTRINE; AND/OR JURISDICTION OF THE FULL FAITH AND CREDIT C…
19-8279 Jeffrey LaGasse v. Mark S. Inch, Secretary, Florida Department of Corrections Eleventh Circuit 2020-04-16 Denied Response WaivedRelisted (2)IFP amendment-violation certificate-of-appealability civil-rights constitutional-rights due-process equal-protection ex-post-facto plea-bargaining police-misconduct severance Did the 11th Circuit Court of Appeals by-pass the petitioner's 5th, 6th and 14th Amendment rights by denying his petition for Certificate of Appealabi…
19-8139 Douglas Duran Cerritos v. United States Fourth Circuit 2020-03-30 Denied Response WaivedIFP certificate-of-appealability criminal-procedure eighth-amendment ineffective-assistance ineffective-assistance-of-counsel juvenile-offender juvenile-sentencing mandatory-life-sentence miller-v-alabama psychiatric-evaluation section-2255-motion Did the Fourth Circuit commit errror by not granting Mr. 1. Cerritos a COA under 28 tKS.C... §2253 (c)(2), after the denial of his 28 U.S.C. §2255 mot…
19-8112 Mustafa Ali v. Derek Oberlander, Superintendent, State Correctional Institution at Forest, et al. Third Circuit 2020-03-27 Denied IFP certificate-of-appealability coerced-confession coerced-statement criminal-procedure due-process habeas-corpus jurisdiction-challenge pretextual-arrest right-to-counsel unwanted-counsel 1. Whether the Court of Appeals denying Application for Certificate of Appealability and Petition for Rehearing/Rehearing en Banc is contrary to this …
19-8109 Antonio Bogan v. Deanna Brookhart, Warden Seventh Circuit 2020-03-26 Denied Response WaivedIFP appellate-procedure certificate-of-appealability constitutional-rights due-process fair-hearing habeas-corpus judicial-review procedural-ruling threshold-inquiry Whether a certificate of appealability (coa) can be denied without an overview of the habeas claims land issues in the request) and a general assesmen…
19-8089 Michael W. Jenkins v. Brigitte Amsberry Ninth Circuit 2020-03-24 Denied Response WaivedIFP 28-usc-2253 certificate-of-appealability federal-appellate-procedure habeas-corpus ninth-circuit slack-standard slack-v-mcdaniel statutory-interpretation statutory-standard Does the Ninth Circuit's ruling, denying a Certificate of Appealabiliy to a habeas corpus petitioner, contravene the statutory standard, under 28 U.S.…
19-8072 Saul Cervantes v. M. D. Biter, Warden Ninth Circuit 2020-03-23 Denied Response WaivedIFP actual-innocence certificate-of-appealability due-process fifth-amendment habeas-corpus meaningful-review schlup-standard 1. Whether it was at least debatable among jurists of reasons that petitioner established actual innocence, or at least warranted an evidentiary heari…
19-8073 Kenneth Baker v. Michael Clark, Superintendent, State Correctional Institution at Albion, et al. Third Circuit 2020-03-23 Denied IFP 28-usc-2253 appellate-review certificate-of-appealability due-process habeas-corpus judicial-procedure standard-of-review statutory-interpretation supreme-court-precedent third-circuit Whether the Court of Appeals for the Third Circuit rendered a decision in conflict with the law of the United States Supreme Court announced in Barefo…
19-8076 Alfredo Galindo v. Brad Cain, Superintendent, Snake River Correctional Institution Ninth Circuit 2020-03-23 Denied Response WaivedIFP 28-usc-2253 certificate-of-appealability cruel-and-unusual-punishment eighth-amendment federal-procedure habeas-corpus sentencing statutory-requirement Whether petitioner's claim that his 300-month sentence violates his Eighth Amendment right to be free from cruel and unusual punishment meets the stat…
19-1159 Michael Bouchard v. United States Second Circuit 2020-03-23 Denied Response Waived 6th-amendment brady-giglio-jencks brady-violation certificate-of-appealability criminal-procedure due-process effective-assistance-of-counsel ex-post-facto false-statements false-statements-statute ineffective-assistance ineffective-assistance-of-counsel mortgage-lending retroactivity sixth-amendment I. Under the "false statements statute", 18 U.S.C. §1014, it is a crime to knowingly make "any false statement or report ... for the purpose of influe…
19-8040 Jerry Meas v. Osvaldo Vidal, Superintendent, Souza-Baranowski Correctional Center, et al. First Circuit 2020-03-19 Denied Response WaivedIFP certificate-of-appealability confrontation confrontation-clause credibility criminal-procedure cross-examination due-process evidence habeas-corpus judicial-discretion sixth-amendment sixth-amendment-confrontation witness-credibility 1. Whether it is permissible under a criminal defendant's Sixth Amendment right of confrontation for a trial judge to curtail materially relevant cros…
19-7985 Charles Ray Hooper v. United States Fifth Circuit 2020-03-16 Denied Response WaivedIFP brady-v-maryland brady-v-united-states brady-violation certificate-of-appealability criminal-procedure due-process federal-courts government-misconduct guilty-plea plea-bargaining procedural-bar prosecutorial-misconduct 1. Must a defendant who has been granted a Certificate of Appealability by the Court of Appeals continue to challenge a procedural bar ruling by the d…
19-7993 Thomas Victor Sway v. United States Eleventh Circuit 2020-03-13 Denied Response WaivedIFP appeal appellate-review certificate-of-appealability conclusory-order conflict-of-interest discretionary-review due-process equitable-tolling precedent procedural-due-process standard-of-review strickland-standard When denial of COA was made in conlusory order without any precendent to rely on and there exists no sufficient basis for appellant court to review,…
19-7908 Larry Rashone Prunty v. Mark S. Inch, Secretary, Florida Department of Corrections Eleventh Circuit 2020-03-11 Denied Response WaivedIFP 11th-circuit 28-usc-2254 certificate-of-appealability due-process eleventh-circuit habeas-corpus slack-v-mcdaniel DID THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ERR WHEN APPLYING THE TWO PRONG SLACK V. MCDANIEL, TEST (PROCEDURE AND MERITS) IN DETE…
19-7886 Dennis Mahon v. United States Ninth Circuit 2020-03-05 Denied Response WaivedIFP certificate-of-appealability constitutional-claim constitutional-review custodial-interrogation district-court effective-assistance-of-counsel functional-equivalent-of-interrogation judicial-disagreement legal-standard magistrate-judge miranda-v-arizona right-to-silence substantial-showing The question presented, then, is whether the lower courts err in failing to find that a defendant made a substantial showing that jurists of reason co…
19-7870 Louis Ivester Peets v. Robert W. Fox, Warden Ninth Circuit 2020-03-04 Denied IFP actual-innocence certificate-of-appealability habeas-corpus insanity-defense ninth-circuit ninth-circuit-review not-guilty-by-reason-of-insanity procedural-bar schlup-gateway schlup-test (1) If Petitioner provided sufficient newly presented evidence for all reasonable jurors to conclude that he was "not guilty by reason of insanity"—wo…
19-7845 Omar Weise v. United States Eleventh Circuit 2020-03-02 Denied Response WaivedIFP appeals appellate-procedure certificate-of-appealability civil-procedure civil-rights constitutional-law due-process habeas-corpus standard-of-review standing Question not identified.
19-1075 Bryan Adrian Copeland v. United States Eleventh Circuit 2020-03-02 Denied Response Waived certificate-of-appealability constitutional-rights district-court due-process eleventh-circuit fifth-amendment habeas habeas-corpus habeas-review ineffective-assistance-of-counsel martinez-v-ryan miller-el-v-cockrell strickland-v-washington 1. Whether the Eleventh Circuit erred in affirming the District Court and denying Copeland a Certificate of Appealability for § 2255 habeas review whe…
19-7818 Kristopher Eric Benjamin v. Tom McGinley, Superintendent, State Correctional Institution at Coal Township, et al. Third Circuit 2020-02-28 Denied IFP aedpa certificate-of-appealability constitutional-claims de-novo-review due-process habeas-corpus procedural-default state-court-deference strickland-v-washington I. WHETHER UNDER §2254(e)(l) DISTRICT COURT REQUIRED TO GIVE DEFERENCE TO STATE APPELLATE COURT'S FINDING OF HISTORICAL FACTS AND UPON FINDING THAT P…
19-7772 John Lee Barron v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2020-02-26 Denied IFP appellate-procedure certificate-of-appealability constitutional-claim constitutional-rights due-process federal-courts habeas-corpus ineffective-assistance-of-counsel judicial-review life-sentence Whether a Petitioner who is serving a life sentence without the possibility of parole is denied due process where a single judge of the Court of Appea…
19-7761 Jose Osvaldo Arteaga v. Ken Clark, Warden Ninth Circuit 2020-02-25 Denied Response WaivedIFP alibi-defense certificate-of-appealability constitutional-rights fourteenth-amendment habeas habeas-corpus ineffective-assistance ineffective-assistance-of-counsel misidentification sixth-amendment This non-capital habeas case arises from petitioner-appellant Jose Osvaldo Arteaga's 2003 California state conviction fo r an attempted murder that to…
19-7675 Alonzo Lamar Johnson v. United States Third Circuit 2020-02-14 Denied Response WaivedIFP appellate-review certificate-of-appealability civil-procedure civil-rights due-process habeas-corpus incarcerated incarcerated-petitioner plain-error pro-se pro-se-litigant section-2255-motion standing WHETHER the us court of Appeals for the Third circuit improperly denied petitioner's request for a certificate of Appealability by failing to grant hi…
19-7639 Gregory Franklin Harris v. Willis Chapman, Warden Sixth Circuit 2020-02-12 Denied Response WaivedIFP access-to-courts criminal-procedure due-process habeas-corpus prison-law-library unpublished-opinions certificate-of-appealability civil-rights constitutional-rights due-process habeas-corpus michigan-court-of-appeals standing supreme-court-review unpublished-cases unpublished-opinion writ-of-certiorari WAS TRIAL COUNSEL INEFFECTIVE FOR FAILING TO FILE A MOTION TO SUPPRESS EVIDENCE OBTAINED FROM HARRIS'S HOTEL ROOM? WAS TRIAL COUNSEL INEFFECTIVE FOR …
19-7636 Gerald W. Eiland v. United States District of Columbia 2020-02-11 Denied Response WaivedIFP 6th-amendment auto-shop-business certificate-of-appealability effective-assistance-counsel expert-testimony franks-challenge ineffective-assistance-of-counsel informant pen-register section-2255 sixth-amendment wiretap-challenge wiretaps 1. Did the district court abuse its discretion in denying Eiland's motion Pursuant to 28 USC Section 2255 without a hearing? 2. Was Eiland denied eff…
19-7590 David K. Howell v. Shawn Hatton, Warden Ninth Circuit 2020-02-07 Denied Response WaivedIFP certificate-of-appealability closing-argument criminal-procedure due-process expert-testimony habeas habeas-corpus ineffective-assistance-of-counsel intoxication methamphetamine methamphetamine-intoxication sixth-amendment This Court has repeatedly held that to receive a certificate of appealability ("COA"), a habeas petitioner need only show that "'jurists of reason cou…
19-7505 Lamar James Crump v. Tracy Beltz, Warden Eighth Circuit 2020-01-30 Denied IFP 28-usc-2253 certificate-of-appealability federal-court habeas-corpus procedural-grounds reasonable-jurists statutory-interpretation 1. In deciding whether to issue a certificate of appealability under 28 U.S.C. § 2253, may a federal court find that "reasonable jurists would not dis…
19-7485 Michael J. Aguon v. Warren L. Montgomery, Warden, et al. Ninth Circuit 2020-01-29 Denied Response WaivedIFP certificate-of-appealability confrontation-clause confrontation-clause-crawford-v-washington crawford-v-washington due-process effective-assistance-of-counsel gang-expert ineffective-assistance-of-counsel miranda-v-arizona miranda-warnings police-investigation police-officer-gang-expert prosecutorial-misconduct testimonial-hearsay IN LIGHT OF THE FACT THAT THE PROSECUTION'S GANG EXPERT IS AND WAS AT ALL TIMES A POLICE OFFICER ENGAGED IN INVESTIGATING CRIMES WHEN INTERVIEWING ALL…
19-7455 Ronson Kyle Bush v. Tommy Sharp, Interim Warden Tenth Circuit 2020-01-28 Denied IFP antiterrorism-act antiterrorism-and-effective-death-penalty-act certificate-of-appealability clearly-established-federal-law constitutional-standards death-penalty eighth-amendment federal-law fourteenth-amendment habeas-corpus habeas-review state-court-decisions state-court-review unreasonableness 1. Whether the "clearly established Federal law" provision of the Antiterrorism and Effective Death Penalty Act renders state court decisions categori…
19-7458 Kaleb Jermaine Myers v. United States Tenth Circuit 2020-01-28 Denied Response WaivedIFP 18-usc-1951 18-usc-924 categorical-approach certificate-of-appealability circuit-split crime-of-violence criminal-law federal-courts federal-criminal-law hobbs-act legal-standard statutory-interpretation (1) Whether this Court should grant certiorari to resolve the conflict among the lower federal courts and decide the important legal question of wheth…
19-7440 Alan Strattan v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2020-01-27 Denied Response WaivedIFP 28-U.S.C-2253 28-usc-2253 basis-for-denying-relief certificate-of-appealability circuit-court district-court habeas habeas-corpus jurists-of-reason merits-of-claims standard-of-review Whether a petitioner seeking the issuance of a certificate of appealability under 28 U.S.C. § 2253 is required to demonstrate that jurists of reason w…
19-936 Terry Trentacosta v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2020-01-27 Denied 28-usc-2253 appellate-procedure certificate-of-appealability civil-procedure evidentiary-hearing federal-habeas habeas-corpus slack-v-mcdaniel state-prisoner Should a state prisoner take a separate, direct appeal of the denial of an evidentiary hearing in a federal habeas case when no "certificate of appeal…
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 Ground I. Did a panel of the United States Court of Appeals for the Third Circuit err in denying Mr. Simonton a Certificate of Appealability by statin…
19-7380 Dino Constance v. United States District Court for the Western District of Washington Ninth Circuit 2020-01-22 Denied Response WaivedIFP certificate-of-appealability circuit-court circuit-split civil-procedure civil-rights due-process equal-protection extraordinary-circumstances fourteenth-amendment mandamus mandamus-relief ninth-circuit post-conviction-review tenth-circuit I. Did the Ninth Circuit's unique five-part test for Mandamus relief cause a Fourteenth Amendment 'Equal Protection' violation? Are Equal Protection v…
19-7327 Antonio Macli v. United States Eleventh Circuit 2020-01-17 Denied Response WaivedIFP certificate-of-appealability claim-by-claim claim-determination constitutional-law criminal-procedure due-process evidentiary-hearing federal-court federal-courts habeas-corpus reasonable-jurists Does a federal habeas court have to determine the need for an evidentiary hearing on a claim by claim basis? When one court grants a certificate of a…
19-7304 Anthony Michael Salazar v. United States Tenth Circuit 2020-01-16 Denied Response WaivedIFP case-law certificate-of-appealability criminal-procedure-appeal due-process habeas-corpus illegal-sentence incarceration judicial-review sentencing sentencing-error united-states-v-haymond The Court of Appeals erred in denying a Certificate of Appealability when Petitioner is incarcerated on an illegally-imposed sentence in light of Unit…
19-882 Shannon Dale Dukes v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2020-01-16 Denied Response Waived certificate-of-appealability constitutional-claim fifth-circuit habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-instructions lesser-included-offenses punishment-exposure sixth-amendment I. Whether petitioner's trial counsel was ineffective at the guilt-innocence stage, in violation of the Sixth Amendment, in failing to request jury in…
19-883 Jason Isaiah Robinson v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2020-01-16 Denied Response Waived aedpa-limitations anti-terrorism-and-effective-death-penalty-act certificate-of-appealability habeas-corpus miller-v-alabama montgomery-retroactivity retroactive-application substantive-rules suspension-clause Whether the United States Court of Appeals for the Fifth Circuit failed to conduct the requisite threshold inquiry and impose d an unduly burdensome s…
19-877 Asmerom Gebreselassie v. Scott Frauenheim, Warden Ninth Circuit 2020-01-15 Denied Response Waived 5th-amendment 6th-amendment certificate-of-appealability counsel-of-choice due-process fifth-amendment right-to-counsel right-to-present-evidence self-representation sixth-amendment DID THE NINTH CIRCUIT COURT OF APPEALS ERR IN FAILING TO GRANT A CERTIFICATE OF APPEALABILITY ON ANY OF THE FOUR ISSUES PRESENTED REGARDING FUNDAMENTA…
19-7277 Dora Moreira v. United States Eleventh Circuit 2020-01-15 Denied Response WaivedIFP certificate-of-appealability due-process eighth-amendment excessive-fine ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct question-not-identified section-2255 sixth-amendment 1-) IN A DEPARTURE FROM THE DUE PROCESS REQUIREMENT OF THE FIFTH AMENDMENT AND THE COMPULSORY PROCESS PROTECTION OF THE SIX AMENDMENT, 'DID THE UNITED…
19-7283 Fairly W. Earls v. Susan Novak, Warden Seventh Circuit 2020-01-14 Denied Response WaivedIFP certificate-of-appealability circuit-split civil-procedure double-jeopardy due-process federal-rules-of-civil-procedure fifth-amendment newly-discovered-evidence rule-60(b) rule-60b-motion Fairly Earls case raises a pressing issue of National Importance: Whether and to what extent did the United States Court of Appeals for the Seventh Ci…
19-7284 Bobby Y. Wallace, Jr. v. Darrel Vannoy, Warden Fifth Circuit 2020-01-14 Denied Amici (1)Response WaivedIFP aedpa aedpa-deference certificate-of-appealability criminal-sentencing cruel-and-unusual-punishment eighth-amendment federalism gross-disproportionality habitual-offender insufficient-evidence jackson-standard jackson-v-virginia judicial-review no-evidence proportionality-review sentencing state-court-decisions The Supreme Court of Louisiana has a demonstrable, decades-long history of substituting in word and deed a "no evidence" standard for the "insufficien…
19-7243 Joshua Wolf v. Cindy Griffith, Warden Eighth Circuit 2020-01-10 Denied Response WaivedIFP certificate-of-appealability constitutional-rights criminal-procedure eighth-amendment equal-protection fourteenth-amendment juvenile-offenders mandatory-life-without-parole mandatory-sentencing resentencing sentencing-procedures sixth-amendment Joshua Wolf has been serving an unconstitutional sentence since he was sentenced to mandatory life without parole for a homicide offense committed whe…
19-7253 Fabrizio DeFrancisci v. United States Second Circuit 2020-01-10 Denied Response WaivedIFP appeals certificate-of-appealability criminal-procedure criminal-procedure-rule-60(b)(6) due-process post-conviction-relief rule-60b-motion second-circuit sentencing sentencing-guidelines ussg I. WAS THE DISTRICT COURT AND APPEALS COURT WRONG TO DENY THE RULE 60(b) MOTION AND CERTIFICATE OF APPEALABILITY, REPSECTIVELY, WHEN THIS COURT HAS …
19-7231 Joshua Andrew Monroe v. Scott Lewis, Warden Fourth Circuit 2020-01-09 Denied Response WaivedIFP appellate-review certificate-of-appealability civil-procedure district-court due-process fourth-circuit fourth-circuit-court-of-appeals habeas-corpus procedural-ruling statute-of-limitations DID THE FOURTH CIRCUIT COURT OF APPEALS ERR IN NOT ISSUING A CERTIFICATE OF APPEALABILITY WHERE PETITIONER DEMONSTRATED THAT JURIST OF REASON COULD FI…
19-861 Mark Shumski v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2020-01-09 Denied appellate-review certificate-of-appealability circuit-split district-court due-process habeas-corpus judicial-discretion prisoner-rights standard-of-review Is a prisoner entitled to a certificate of appealability (COA) on a claim for which other jurists have reached different conclusions from the district…
19-7204 Eric Wilson v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2020-01-07 Denied Relisted (2)IFP batson certificate-of-appealability constitutional-rights due-process equal-protection ineffective-assistance-of-counsel notice-of-appeal strickland SHOULD PETITIONERS NOTICE OF APPEAL HAVE BEEN CONSTRUED AS A REQUEST FOR A CERTIFICATE OF APPEALABILITY ON GROUNDS 1-12 AND 14-15, AND WAS FAILURE TO …
19-7145 Carlos E. Rodriguez-Milian v. United States First Circuit 2020-01-02 Denied Response WaivedIFP §-2255-motion 2255-appeal appeals-court-discretion certificate-of-appealability habeas-corpus ineffective-assistance pro-se-motions procedural-default procedural-error subject-matter-jurisdiction summary-response 1. A court of appeals lacks subject-matter jurisdiction to decide a § 2255 the district court's procedural error-that the movant defaulted an ineffect…
19-7127 Phillip Wayne Tomlin v. Tony Patterson, Warden Eleventh Circuit 2019-12-31 Denied Response RequestedResponse WaivedRelisted (2)IFP access-to-courts aedpa certificate-of-appealability circuit-split due-process eleventh-circuit fair-punishment habeas-corpus retroactivity Phillip Tomlin's sentence of life imprisonment without parole reflects a breakdown of the Certificate of Appealability ("COA") review process and rais…
19-7131 Eric Hanna v. United States Eleventh Circuit 2019-12-31 Denied IFP 28-usc-2244 28-usc-2255 aiding-and-abetting certificate-of-appealability circuit-precedent crime-of-violence due-process hobbs-act-robbery second-or-successive-motion statutory-interpretation I. Whether the Court should grant certiorari, vacate the decision below, and remand (GVR) this case with directions that the Eleventh Circuit grant Pe…
19-7016 Matthew Terrell v. C. Armant, Warden, et al. Ninth Circuit 2019-12-19 Denied IFP 14th-amendment assault certificate-of-appealability criminal-appeal due-process jackson-v-virginia oral-copulation substantial-evidence Should a certificate of appealability be granted to review whether there was a violation of Jackson v. Virginia, 443 U.S. 307, 317 and the Due Process…
19-6978 Isaac Naranjo v. Mark Capozza, Superintendent, State Correctional Institution at Fayette, et al. Third Circuit 2019-12-18 Denied Response WaivedIFP certificate-of-appealability constitutional-right constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jurists-of-reason merits notice-of-charges post-conviction-review procedural-default (1) WHETHER TO MAKE A SUBSTANTIAL SHOWING OF THE DENIAL OF A CONSTITUTIONAL RIGHT A HABEAS APPLICANT FOR A C.O.A. NEED NOT SHOW THAT HE WILL PREVAIL O…
19-6984 Mark A. Perez v. Tom McGinley, Superintendent, State Correctional Institution at Coal Township, et al. Third Circuit 2019-12-18 Denied IFP certificate-of-appealability federal-habeas-corpus guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel martinez-exception post-conviction-relief procedural-default 1 -) Does Martinez v. Ryan / 566 U.S. 1 (2012) excuse a procedural default in a Federal Habeas Corpus proceeding where Post Conviction relief Counsel…
19-6987 Darrell Wayne Bell v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-12-18 Denied IFP 5th-circuit actual-innocence certificate-of-appealability circuit-court-conflict habeas habeas-corpus judicial-precedent merits-analysis newly-discovered-evidence shulp-v-delo QUESTION ONE: Did the 5th Circuit Court of Appeals exceed the limited scope of the Certificate of Appealability (COA) standard using a merits analysis…
19-6994 Christopher William Manikowski v. Mark S. Inch, Secretary, Florida Department of Corrections Eleventh Circuit 2019-12-18 Denied Response WaivedIFP 28-usc-2253 appellate-procedure certificate-of-appealability constitutional-right constitutional-rights debatable due-process federal-procedure habeas-corpus judicial-review standard-of-review statutory-interpretation Whether the court of appeals improperly denied the Petitioner a certificate of appealability under 28 U.S.C. § 2253(c) on the basis that the Petitione…
19-6995 Richard Alan King v. United States Ninth Circuit 2019-12-18 Denied Response WaivedIFP actual-innocence certificate-of-appealability civil-procedure criminal-procedure due-process faretta-v-california fundamental-miscarriage-of-justice magistrate pro-se-pleading procedural-default remand reversal standard-of-review standing supreme-court-precedent Was The Presiding Magistrate's Analysis So Flawed As To Warrent This Court To Reverse And Remand So That A Correct Legal Standard May Be Applied ? pg7…
19-770 Jason C. Underwood v. Shawn Phillips, Warden Sixth Circuit 2019-12-16 Denied Response Waived certificate-of-appealability habeas-corpus habeas-corpus-relief ineffective-assistance-of-counsel martinez-exception martinez-v-ryan procedural-default sixth-amendment sixth-circuit-review trevino-v-thaler This Court's decisions in Martinez v. Ryan , 566 U.S. 1 (2012), and Trevino v. Thaler , 133 S. Ct. 1911 (2013) held that state prisoners whose states …
19-6923 Adrian Alaniz v. Scott Frauenheim, Warden Ninth Circuit 2019-12-13 Denied Response WaivedIFP certificate-of-appealability confrontation-clause confrontation-clause-violation due-process harmless-error hearsay hearsay-evidence justifiable-homicide manslaughter prejudice prosecutorial-misconduct second-amendment self-defense standard-of-review I. Where the evidence tended to favor a verdict of justifiable homicide or a lesser verdict of manslaughter, has Petitioner presented a "debatable " i…
19-6934 Dexter Johnson v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-12-13 Denied IFP buck-doctrine buck-v-davis certificate-of-appealability fifth-circuit gonzalez-precedent habeas-corpus habeas-relief ineffective-assistance-of-counsel right-to-counsel rule-60(b)(6) successive-petition successive-petitions 1. Whether the Fifth Circuit has misinterpreted Buck by requiring Mr. Johnson to plead a meritorious claim for habeas relief in his Rule 60(b)(6) moti…
19-6878 Robert L. Bolden Sr. v. United States Eighth Circuit 2019-12-06 Denied IFP 18-usc-924(c)(3)(a) 18-usc-924c3a certificate-of-appealability crime-of-violence criminal-intent elements-clause inchoate-offense mens-rea substantial-step 1. Whether an inchoate offense, whose non-inchoate form would constitute a crime of violence under the elements clause of 18 U.S.C. §924(c)(3)(A), aut…
19-6823 Michael Dean Gonzales v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-12-04 Denied Relisted (2)IFP brain-dysfunction certificate-of-appealability competency-to-stand-trial criminal-procedure drope-v-missouri due-process habeas-corpus mental-competency mental-illness pate-v-robinson procedural-bar state-waiver Petitioner was sentenced to death at a trial at which he did not cooperate with counsel in preparing his defense, repeatedly disrupted proceedings, to…
19-6799 Aamir A. Hafiz-Thompson v. United States Eighth Circuit 2019-12-03 Denied Response WaivedIFP acca appeal certificate-of-appealability constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel precedent sentencing supreme-court-precedent 1. Nationally, where counsel admittingly is inaccurate, misinforms and fails, to. make specific inquiry regarding Petitioner's prior predicates (ACCA)…
19-6808 Phillip E. Smith v. Collins, First Name Unknown, et al. Ninth Circuit 2019-12-03 Denied Response WaivedIFP 28-usc-2253 certificate-of-appealability cumulative-error due-process fourteenth-amendment insufficient-evidence miller-el-v-cockrell ninth-circuit severance sixth-amendment slack-v-mcdaniel trial-severance video-evidence Did the Ninth Circuit err in denying a certificate of appealability to a petitioner who raised four substantial claims that his conviction was unconst…
19-6810 Duane Gregley v. Douglas Fender, Warden Sixth Circuit 2019-12-03 Denied IFP certificate-of-appealability constitutional-challenge due-process firearm-specification habeas-corpus ineffective-assistance-of-counsel jury-verdict res-judicata sentencing sixth-amendment I. WHETHER THERE IS PRETENSE THAT THE STATUTES AND LAWS OF THE STATE UNDER WHICH MR. GREGLEY IS CONVICTED OF, ARE REPUGNANT TO THE CONSTITUTION AND LA…
19-6817 Anthony Wheeler v. Ron Neal, Superintendent, Indiana State Prison Seventh Circuit 2019-12-03 Denied Response WaivedIFP certificate-of-appealability constitutional-rights due-process expungement ineffective-assistance ineffective-assistance-of-counsel sentencing sentencing-standards sixth-amendment standard-of-review I. Did the Seventh Circuit err under Miller-El v. Cockrell , 537 U.S. 322, 336–38 (2003) and Buck v. Davis , 137 S. Ct. 759, 773–74 (2017), when it de…
19-6827 Wesley Dorcelus v. Chris Brannon, Warden Eleventh Circuit 2019-12-03 Denied IFP appellate-procedure certificate-of-appealability certiorari-review civil-procedure civil-rights due-process eleventh-circuit habeas-corpus judicial-procedure motion-denial standing WHETHER CERTIORARI REVIEW SHOULD BE GRANTED WHERE THE ELEVENTH CIRCUIT DENIED DORCELUS' MOTION FOR ISSUANCE OF CERTIFICATE OF APPEALABILITY
19-6828 Reginald Jerry Shaw v. United States Fourth Circuit 2019-12-03 Denied Response WaivedIFP appellate-review application-notes certificate-of-appealability commentary district-court-discretion ineffective-assistance legal-interpretation sentencing-guidelines strickland-standard strickland-v-washington 1. Are the commentary and application notes in the Sentencing Guideline manual authoritative or left to the District Court's discretion. 2. Can the i…
19-6774 Albert Allen, Jr. v. United States Eighth Circuit 2019-11-27 Denied Response WaivedIFP certificate-of-appealability criminal-procedure criminal-procedure-appeal due-process fair-sentencing-act ineffective-assistance-of-counsel mandatory-minimum mens-rea prosecutorial-misconduct sentencing sentencing-guidelines Whether the Court of Appeals Erred in Denying Petitioner's Application for a Certificate of Appealability to Appeal the District Court's Denial of His…
19-6755 Frederick Garcia-Cruz v. United States Ninth Circuit 2019-11-26 Denied IFP certificate-of-appealability criminal-procedure debatable-among-jurists-of-reason due-process habeas-corpus jurists-of-reason mandatory-sentencing ninth-circuit residual-clause sentencing-guidelines vagueness void-for-vagueness 1. Whether the Ninth Circuit misapplied this Court's "debatable among jurists of reason" standard for a certificate of appealability. 2. Whether the …
19-6759 James A. Lackey v. United States Ninth Circuit 2019-11-26 Denied IFP appellate-procedure certificate-of-appealability criminal-procedure due-process habeas-corpus judicial-deference jurists-of-reason mandatory-sentencing-guidelines ninth-circuit residual-clause sentencing sentencing-guidelines standard-of-review vagueness void-for-vagueness 1. Whether the Ninth Circuit misapplied this Court's "debatable among jurists of reason" standard for a certificate of appealability. 2. Whether the …
19-6767 Douglas D. True v. Wendy Kelley, Director, Arkansas Department of Correction Eighth Circuit 2019-11-26 Denied Response WaivedRelisted (2)IFP certificate-of-appealability civil-rights criminal-procedure due-process eighth-circuit habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jurisdiction plea-bargaining plea-voluntariness standard-of-review 1) Was the Eighth Circuit's summary denial of Mr. True's application for a certificate of appealability based upon an adjudication of the underlying m…
19-6769 Steven Hicks v. United States Ninth Circuit 2019-11-26 Denied IFP certificate-of-appealability criminal-procedure debatable-among-jurists-of-reason johnson-v-united-states jurists-of-reason mandatory-guidelines mandatory-sentencing ninth-circuit sentencing-guidelines u.s.s.g.-4b1.2(a)(2) vagueness void-for-vagueness Whether the Ninth Circuit misapplied this Court's "debatable among jurists of reason" standard for a certificate of appealability. Whether the residu…
19-6718 James Douglas Pridgen v. United States Ninth Circuit 2019-11-22 Denied Response WaivedIFP bank-robbery carjacking certificate-of-appealability crime-of-violence crimes-of-violence criminal-procedure due-process johnson-ruling johnson-v-united-states ninth-circuit section-924(c) section-924c unanimous-jury 1. Whether the Ninth Circuit wrongly denied the request for a certificate of appealability where the Section 924(c) conviction was charged as to two d…
19-6685 Scott McLaughlin v. Anne L. Precythe, Director, Missouri Department of Corrections Eighth Circuit 2019-11-20 Denied IFP capital-case capital-cases capital-cases-habeas-corpus certificate-of-appealability certificates-of-appealability confrontation-clause eighth-circuit giles-v-california habeas-corpus pro-forma-denial procedural-due-process standard-of-review A disturbing trend is developing in capital cases in federal courts in Missouri regarding the pro forma denial of certificates of appealability ("COA"…
19-6599 Walter D. Fairley v. Jason Kent, Warden Fifth Circuit 2019-11-13 Denied IFP certificate-of-appealability civil-rights comity comity-and-finality due-process finality fundamental-fairness habeas-corpus incarceration standing statute-of-limitations time-barred 1.) Whether the Magistrate for the U.S. Eastern District Court of Louisiana erred when they issued a Report and Recommendation recommending that the p…
19-6562 Carlos J. Avena v. Kevin Chappell, Warden Ninth Circuit 2019-11-08 Denied IFP certificate-of-appealability cronic cronic-standard death-penalty due-process habeas habeas-corpus ineffective-assistance miller-el-standard miller-el-v-cockrell ninth-circuit per-se Petitioner alleged that his conviction and death sentence were caused by per se ineffective assistance under United States v. Cronic, 466 U.S. 648 (19…
19-6515 Andre Verlin Anderson v. Vicki Janssen, Warden Eighth Circuit 2019-11-06 Denied Response WaivedIFP certificate-of-appealability criminal-procedure criminal-procedure-due-process-eyewitness-identifi criminal-procedure-habeas-corpus-certificate-of-ap Did the district court commit reversible error whe Did the United States Court of Appeals for the Eig due-process eyewitness-identification habeas-corpus motion-to-suppress photographic-lineup reversible-error QUESTION ONE: Did the district court commit reversible error by denying Petitioner's motion to suppress the unduly suggestive photographic lineup? QU…
19-6527 Ruben Patrick Valdes v. United States Fifth Circuit 2019-11-06 Denied Response WaivedIFP 28-usc-2255 certificate-of-appealability constitutional-claim criminal-history evidentiary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plain-error sentencing-guidelines 1. WAS TRIAL COUNSEL CONSTITUTIONALLY INEFFECTIVE FOR FAILING TO INVESTIGATE, FACT-CHECK, AND OBJECT TO ERRONEOUS INCLUSION OF JUVENILE PRIORS DURING …
19-6531 Demetrius Frazier v. Jefferson S. Dunn, Commissioner, Alabama Department of Corrections Eleventh Circuit 2019-11-06 Denied IFP 28-usc-2244 capital-sentencing capital-sentencing-scheme certificate-of-appealability constitutional-challenge fourteenth-amendment habeas-corpus second-or-successive-petition sixth-amendment Whether the Eleventh Circuit should have issued a certificate of appealability because reasonable jurists could disagree over the district court's res…
19-6482 Demetrius Dewayne Smith v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-11-04 Denied IFP 2254-review 28-usc-2253 28-usc-2254 certificate-of-appealability death-penalty federal-habeas habeas-corpus subject-matter-jurisdiction 1. When a death-sentenced inmate obtains punishment-phase relief from the district court during federal habeas proceedings conducted pursuant to 28 U.…
19-6488 Javier Yebra v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-11-04 Denied IFP appellate-procedure certificate-of-appealability constitutional-review due-process fifth-circuit habeas-corpus ineffective-assistance ineffective-assistance-of-counsel merits-review standard-of-review supreme-court-precedent trial-counsel Did the United States Court of Appeals for the Fifth Circuit continue to impose an improper Certificate of Appealability (COA) standard that contraven…
19-6429 William Jovian Davis v. Clark E. Ducart, Warden Ninth Circuit 2019-11-01 Denied Response RequestedRelisted (7)IFP aedpa certificate-of-appealability evidentiary-hearing forensic-evidence habeas-corpus ineffective-assistance ineffective-assistance-of-counsel ninth-circuit-review pro-se strickland-standard strickland-v-washington Did the Ninth Circuit's unreasoned denial so clearly misapply Buck's modest standard as to call for summary reversal?
19-6418 Wayne Neville Morris v. United States Ninth Circuit 2019-10-29 Denied Response WaivedIFP certificate-of-appealability constructive-amendment criminal-procedure criminal-procedure-error due-process fatal-variance fifth-amendment modified-categorical-approach rule-of-lenity sixth-amendment 1. Whether, a conviction based on an erroneous legal theory, interpretation or a mistake about the law, can continue to be sustained, once the petitio…
19-6430 Harold Blake v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2019-10-29 Denied Response WaivedIFP appellate-procedure certificate-of-appealability civil-rights constitutional-claims due-process federal-courts habeas-corpus judicial-review standard-of-review standing Whether the petitioner has demonstrated that jurists of reason could disagree with the federal courts' resolution of his constitutional claims or that…
19-6419 Scott Wilson v. United States Fourth Circuit 2019-10-28 Denied Response WaivedIFP certificate-of-appealability commerce-clause constitutional-rights due-process evidentiary-hearing fourth-circuit habeas-corpus ineffective-assistance-of-counsel ineffective-counsel plea-bargaining DENYING CERTIFICATE OF APPEALABILITY AS TO WHETHER THE DISTRICT COURT; (1) ERRS DENYING WILSON'S HABEAS CLAIM(S) ALLEGING COUNSEL'S UNREASONABLE FAILU…
19-6399 Carmen A. Zammiello v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2019-10-25 Denied Response WaivedIFP certificate-of-appealability eleventh-circuit habeas-corpus in-forma-pauperis jones-v-bock jurisdictional-grounds procedural-grounds WHETHER THE COURT OF APPEALS FOR THE ELEVENTH CIRCUIT RENDERED A DECISION IN CONFLICT WITH THE LAW OF THE U.S. SUPREME COURT ANNOUNCED IN COPPEDGE -V-…
19-6372 Kelby Germaine Parson v. United States Eleventh Circuit 2019-10-24 Denied IFP appellate-review certificate-of-appealability circuit-split criminal-law criminal-statute due-process firearm-offense firearms mandatory-minimum statutory-interpretation statutory-vagueness vagueness I. Whether Petitioner is entitled to relief on his claim that 18 U.S.C. § 924(c)(3)(B) is unconstitutionally vague and his conviction under 18 U.S.C. …
19-6385 Neil Grenning v. James Key, Superintendent, Airway Heights Corrections Center Ninth Circuit 2019-10-24 Denied Response WaivedIFP appeals certificate-of-appealability consecutive-sentencing due-process habeas habeas-corpus notice oregon-v-ice sentencing sixth-amendment standard-of-review straw-man Mr. Grenning's life sentence upon post-trial allegation of aggravating elements raises a significant issue: Integrity of appeals that circumvent Supre…
19-6352 James Byron Coon v. Mark Nooth, Superintendent, Snake River Correctional Institution Ninth Circuit 2019-10-23 Denied Response WaivedIFP cause-of-death certificate-of-appealability exhaustion expert-opinion expert-testimony habeas-corpus ineffective-assistance-of-counsel miller-el-v-cockrell state-postconviction vasquez-v-hillery Whether a Court of Appeals' denial of a certificate of appealability conflicts with this Court's rulings in Vasquez v. Hillery, 474 U.S. 254, 260 (198…
19-6354 Brent Delvalen Blake v. United States Ninth Circuit 2019-10-23 Denied Response RequestedResponse WaivedRelisted (3)IFP 18-usc-2113 18-usc-924c bank-robbery categorical-approach certificate-of-appealability crime-of-violence criminal-statute elements-clause federal-armed-bank-robbery intent physical-force vagueness vagueness-doctrine violent-crime Can reasonable jurists debate whether federal armed bank robbery by intimidation is not a crime of violence under the elements clause of 18 U.S.C. § 9…
19-6367 James Eugene Keiser v. Ricky Foxwell, Warden, et al. Fourth Circuit 2019-10-23 Denied Response WaivedIFP 28-usc-2253 certificate-of-appealability civil-procedure constitutional-rights criminal-procedure due-process effective-assistance-of-counsel habeas-corpus ineffective-assistance-of-counsel sixth-amendment standing trial-errors 1. Whether the 4th Circuit exceeded the limited scope of the COA analysis which was an error, albeit Petitioner met the requirement showing of denia…
19-6316 James Matthew Shelton v. United States Sixth Circuit 2019-10-22 Denied Response WaivedIFP certificate-of-appealability competency-evaluation competency-to-stand-trial evidentiary-hearing habeas habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-discretion sixth-amendment sixth-circuit DENYING CERTIFICATE OF APPEALABILITY AS TO WHETHER THE LOWER COURT; (1) ERRS DENYING SHELTON'S HABEAS CLAIM ALLEGING INEFFECTIVE ASSISTANCE OF COUNS…
19-6312 Bryan Timothyleenard Smith v. United States Eleventh Circuit 2019-10-21 Denied Response WaivedIFP appellate-jurisdiction certificate-of-appealability civil-procedure due-process habeas-corpus standard-of-review appellate-review certificate-of-appealability civil-procedure due-process eleventh-circuit habeas-corpus judicial-procedure legal-standard procedural-error standing WHETHER THE ELEVENTH CIRCUIT COURT OF APPEALS ERRED BY DENYING PETITIONER'S APPLICATION FOR CERTIFICATE OF APPEALABILITY.
19-498 Raymond L. Rogers v. United States Tenth Circuit 2019-10-18 Denied Response Waived 28-usc-2253 28-usc-2255 certificate-of-appealability criminal-procedure criminal-prosecution fifth-amendment habeas-corpus immediate-release sixth-amendment subject-matter-jurisdiction Whether or not the Tenth Circuit Court of Appeals [erred], when denying (1). your Petitioner, a certificate of appealability (COA) pursuant to 28 U.S.…
19-6278 Kenneth Lyle Spangle v. United States Ninth Circuit 2019-10-17 Denied Response WaivedIFP 18-usc-2113 18-usc-924 arbitrary-and-capricious bank-robbery categorical-approach certificate-of-appealability crime-of-violence due-process federal-bank-robbery fifth-amendment meaningful-review Whether the Circuit's decision to deny a certificate of appealability without any analysis or explanation for its decision at all was so arbitrary and…
19-6298 John Steven Gardner v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-10-17 Denied IFP 28-usc-2254 certificate-of-appealability federal-court-review federal-habeas-proceedings fifth-circuit habeas-corpus ineffective-assistance ineffective-assistance-of-counsel miller-el-standard state-court-deference state-habeas strickland-v-washington wilson-v-sellers In Wilson v. Sellers, this Court instructed that a federal court should train its attention on the particular legal and factual reasons of the state-c…
19-6221 George E. Brown, Jr. v. United States Eighth Circuit 2019-10-09 Denied Response WaivedIFP appeals appellate-procedure certificate-of-appealability civil-rights criminal-procedure due-process federal-courts habeas-corpus judicial-review legal-standard procedural-requirements standing WHEN A DEFENDANT MEETS THE REQUIREMENTS FOR ISSUANCE OF A CERTIFICATE OF APPEALABILITY (COA) IS HE THEN ENTITLED TO CERTIFICATE OF APPEALABILITY? ISS…
19-6208 Darrell Alan Lussier v. United States Eighth Circuit 2019-10-08 Denied Response WaivedIFP 2255-motion appellate-procedure certificate-of-appealability court-of-appeals district-court due-process established-precedent habeas-corpus habeas-corpus-appeal judicial-precedent precedent right-to-appeal section-2255 1.) When a District Court's denial of a §2255 motion is contrary to established precedent is the Court of Appeals required to grant a certificate of…
19-6209 John Hudson v. United States Fifth Circuit 2019-10-08 Denied Response WaivedIFP appeal armed-career-criminal-act certificate-of-appealability due-process federal-appellate-procedure johnson-precedent johnson-v-united-states prior-convictions resentencing section-2255 sentencing sentencing-review violent-felony The specific question presented for review is whether the United States Court of Appeals for the Fifth Circuit erred by denying Mr. Hudson a Certifica…
19-6194 William Edward Sneed v. John E. Wetzel, Secretary, Pennsylvania Department of Corrections, et al. Third Circuit 2019-10-07 Denied Response WaivedIFP batson-challenge batson-v-kentucky certificate-of-appealability equal-protection ineffective-assistance ineffective-assistance-of-counsel intentional-discrimination juror-discrimination racial-bias racial-discrimination third-circuit-court-of-appeals In light of the post-conviction court's finding of intentional discrimination—a finding that has not been challenged by any reviewing court—did the Th…
19-6151 Ahmed Ali v. Tammy Foss, Acting Warden, et al. Ninth Circuit 2019-10-03 Denied Response RequestedRelisted (2)IFP appellate-review certificate-of-appealability constitutional-rights criminal-procedure criminal-procedure-rights due-process habeas-corpus jury-instruction jury-instructions third-party-culpability trial-court Whether the Court of Appeals erred in denying a Certificate of Appealability on his claim that he was denied his right to present a defense by the tri…
19-6152 Marian Papacsi Owens v. Sue Mickens, Warden, et al. Eleventh Circuit 2019-10-03 Denied Response WaivedIFP certificate-of-appealability criminal-defense criminal-procedure effective-assistance-of-counsel habeas-corpus ineffective-assistance-of-counsel judicial-discretion mental-illness right-to-counsel right-to-testify trial-counsel trial-judge trial-procedure 1. Did the Court of Appeals err below in denying Ms. Owens a COA as to whether Ms. Owens received effective assistance of counsel when the trial judge…
19-6124 Jerry Scott Hill v. United States Fourth Circuit 2019-10-02 Denied Response WaivedIFP armed-career-criminal-act assault breaking-and-entering certificate-of-appealability deadly-weapon fourth-circuit fourth-circuit-court-of-appeals johnson-v-united-states north-carolina-assault supreme-court violent-felony I. WHETHER THE FOURTH CIRCUIT COURT OF APPEALS ERRED IN HOLDING THAT NORTH CAROLINA ASSAULT WITH A DEADLY WEAPON WITH INTENT TO KILL INFLICTING SERIOU…
19-6127 Steven Justin Villalona v. United States Eleventh Circuit 2019-10-02 Denied Response WaivedRelisted (2)IFP certificate-of-appealability conflict-of-interest counsel-concession ineffective-assistance ineffective-assistance-of-counsel judicial-proceedings law-of-the-case mootness plain-error presumption-of-prejudice substantial-rights (1) What effect, if any, does a concession made by the U.S. on an ineffective assistance of counsel claim have on the court's ability to ajudicate the…
19-6138 William A. White v. United States Eleventh Circuit 2019-10-02 Dismissed Response WaivedIFP certificate-of-appealability civil-procedure district-court due-process evidentiary-development evidentiary-hearing habeas-corpus judicial-procedure judicial-proceedings post-conviction-relief section-2255 supervisory-power 1) May a District Court, in a 28 USC §2255 proceeding, strike all of the evidence presented in support of the motion from the record, refuse to allow …
19-6106 Alexander William Johnson v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-10-01 Denied IFP buck-v-davis certificate-of-appealability civil-rights constitutional-claims due-process fifth-circuit habeas habeas-corpus judicial-review summary-denial summary-order Whether a 1½-page order that su mmarily denies a certificate of appealability without any analysis of the facts and the law in a murder case satisfies…
19-6052 Rafie A. Lee v. Florida, et al. Eleventh Circuit 2019-09-24 Denied Response WaivedIFP certificate-of-appealability due-process evidentiary-hearing fair-trial federal-court fundamental-fairness habeas-corpus judicial-review state-court state-court-proceedings 1) Whether Petitioner was denied "Fundamental Fairness " in the State Court Proceedings? 2) Whether State and District Court erred in denying Petitio…
19-5992 Demond Chatman v. Douglas Demoura First Circuit 2019-09-18 Denied Response WaivedIFP appellate-review certificate-of-appealability competency competency-to-stand-trial due-process first-circuit first-circuit-court-of-appeals genuine-issue right-to-trial standing Did the First Circuit Court of Appeals err in refusing to grant certificate of appealability where, contrary to their stated denial, petitioner presen…
19-5951 Jeffrey L. Harris v. Judy P. Smith, Warden Seventh Circuit 2019-09-17 Denied Response WaivedIFP actual-innocence certificate-of-appealability constitutional-violation due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel miscarriage-of-justice newly-discovered-evidence recantation standing 1. Is Jeffrey L. Harris entitled to a Certificate of Appeal Is Jeffrey Harris entitled to a Pinholster Hearing to Drov „^ rhls ^ial Counsel, Robert S.…
19-5944 Jerry D. Scott v. United States Eighth Circuit 2019-09-16 Denied Response WaivedIFP 8th-amendment 8th-circuit appeal certificate-of-appealability crime-of-violence criminal-justice criminal-procedure domestic-assault due-process eighth-circuit habeas-corpus legal-standard missouri-robbery sentencing violent-crime WHETHER THE EIGHTH CIRCUIT COURT OF APPEALS ERRED IN NOT. GRANTING A "CERTIFICATE OF APPEALABILITY" WHEN EVEN AFTER UNITED STATES v. SWOPES , 892 F.…
19-5930 Harold Blake v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2019-09-13 Denied Response WaivedIFP appellate-procedure certificate-of-appealability civil-rights constitutional-claims due-process federal-courts habeas-corpus judicial-review jurists-of-reason legal-standard standing 1. Whether the petitioner has demonstrated that jurists of reason could disagree with the federal courts' resolution of his constitutional claims or t…
19-5918 Brandon Kyle Thomas v. United States Eleventh Circuit 2019-09-11 Denied Response WaivedIFP §-2255-motion appellate-rights certificate-of-appealability criminal-appeal idaho-v-garza ineffective-assistance-of-counsel jurisdictional-rule prejudice-standard presumption-of-prejudice roe-v-flores-ortega sixth-amendment strickland-v-washington After trial and again after sentencing, Brandon Thomas requested that his attorney appeal the criminal judgment. Counsel's advice consisted of "if you…
19-5872 Philip Hugh Wentzel v. United States Seventh Circuit 2019-09-09 Denied Response WaivedIFP appeal certificate-of-appealability collateral-review constitutional-rights conviction criminal-charge criminal-procedure double-jeopardy due-process jurisdiction sentencing sentencing-error 1. Were petitioner's double jeopardy and due process rights violated by the sponte filing (at petitioner's sentencing) of an additional criminal charg…
19-5858 Lamarr T. Crittenden v. Keith Butts, Warden Seventh Circuit 2019-09-06 Denied Response WaivedIFP certificate-of-appealability constitutional-rights constitutional-violation due-process ex-post-facto ineffective-assistance-of-counsel ineffective-counsel retroactive-application sexual-violent-predator sexually-violent-predator Did The United States Court Of Appeals For The Seventh Circuit fail to address an issue of first impression involving an ex post facto violation of Th…
19-5824 William Alan Kennedy v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-09-04 Denied IFP 5th-circuit appellate-review certificate-of-appealability deadly-weapon due-process habeas-corpus habeas-relief habeas-relief-review ineffective-assistance-of-counsel procedural-default Did the U.S. Court of Appeals for the Fifth Ciruit err in it's ! . denial of a certificate of appealability to review the U.S. District Court's denial…
19-5729 Joseph Flowers v. F. Foulk, Warden Ninth Circuit 2019-08-28 Denied Response WaivedIFP actual-innocence alibi-evidence brady-violation certificate-of-appealability due-process ineffective-assistance ineffective-assistance-of-counsel procedural-default right-to-counsel Flowers was convicted of robbery, kidnapping and burglary based on an incident where two men robbed a massage parlor that had a history of prostitutio…
19-5711 Charles Fritsche v. Robert Legrand, Warden, et al. Ninth Circuit 2019-08-26 Denied Response WaivedIFP buck-v-davis certificate-of-appealability criminal-procedure due-process federal-habeas-corpus habeas-corpus ineffective-assistance-of-counsel ninth-circuit ninth-circuit-review post-conviction post-conviction-proceedings Whether this Court Should Grant this Petition, Vacate the Ninth Circuit's Certificate of Appealability Denial, and Remand the Matter for Further Recon…
19-5675 Stephen Jason Whitaker v. Jeff Premo, Superintendent, Oregon State Penitentiary Ninth Circuit 2019-08-22 Denied Response WaivedIFP certificate-of-appealability due-process exhaustion-of-state-remedies habeas habeas-corpus ineffective-assistance ineffective-assistance-of-counsel postconviction-counsel procedural-default sentencing-guidelines state-court-proceedings vasquez-v-hillery Whether a Court of Appeals' denial of a certificate of appealability conflicts with this Court's rulings in Vasquez v. Hillery, 474 U.S. 254, 260 (198…
19-5678 John T. Beyers v. United States Eighth Circuit 2019-08-22 Denied IFP certificate-of-appealability civil-procedure civil-rights constitutional-privacy due-process eighth-circuit-review habeas-corpus pro-se pro-se-review sentencing-procedure standing supervised-release John Beyers was sentenced in part, under a statute held unconstitution, 18 USC § 3583(k). Rather than wait until this court's ruling in Haymond, as th…
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…
19-5667 John J. Blodgett v. Erin Gaffney, Superintendent, Old Colony Correctional Center First Circuit 2019-08-21 Denied Response WaivedIFP actual-innocence brady-issue brady-violation certificate-of-appealability co-defendant co-defendant-statements co-defendant-testimony confrontation-clause due-process first-circuit-court habeas-corpus Did the First Circuit err by refusing to entertain Blodgett's two meritorious issues, and shut out the possibility of certificate of appealability; WH…
19-231 Wes Perkins v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-08-21 Denied 5th-amendment 5th-circuit actual-innocence certificate-of-appealability civil-procedure civil-rights due-process electronic-filing fifth-circuit habeas habeas-corpus judicial-procedure parties-to-proceeding pro-se-petition standing state-respondent 1. Was DAVIS improperly included? (5th.Cir.) 2. Was PAXTON improperly dismissed? (W.D.Tex.) 3. Did PITMAN abuse discretion in disallowing Perkins's …
19-5648 Desmond Justin Murray v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2019-08-20 Denied Response WaivedIFP 28-usc-2253 appellate-procedure basis-for-denying-relief certificate-of-appealability habeas-corpus jurists-of-reason merits-of-claims standard-of-review Whether a petitioner seeking the issuance of a certificate of appealability under 28 U.S.C. § 2253 is required to demonstrate that jurists of reason w…
19-5650 James Michael Williams v. Daniel Paramo, Warden, et al. Ninth Circuit 2019-08-20 Denied Relisted (2)IFP brady-violations certificate-of-appealability due-process fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel preliminary-hearing prosecutorial-misconduct second-jury-trial 1.) Whether the Minth Circuit U.S. Court Of Appeals erred in denying Certificate of Appealability to Petitioner, on the Ground Of Error concerning t…
19-216 Harold Persaud v. United States Sixth Circuit 2019-08-19 Denied Response Waived certificate-of-appealability criminal-procedure daubert-standard district-court-opinion district-court-review due-process expert-testimony habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judgment-of-conviction merits-review motion-to-vacate standard-of-review 1. Whether Reasonable Jurists Could Debate the Denial of Petitioner's Motion to Vacate and Set Aside his Judgment of Conviction where the District Cou…
19-5608 Christopher Joe Cantu v. United States Fifth Circuit 2019-08-16 Denied Response WaivedIFP acca-elements-clause certificate-of-appealability disagreement federal-prisoner judicial-disagreement post-conviction-claim postconviction-claim reasonable-judges statutory-interpretation texas-aggravated-robbery texas-burglary Where a federal prisoner demonstrates that judges have, in fact, disagreed about the legal issues governing his postconviction claim, is he entitled t…
19-5610 Richard Felton v. Colette M. Goguen, Superintendent, North Central Correctional Institution First Circuit 2019-08-16 Denied Response WaivedIFP appellate-review certificate-of-appealability civil-procedure counsel-interference court-closure cronic-v-united-states due-process federal-courts habeas-corpus presley-v-georgia public-trial sixth-amendment standing waller-v-georgia I. Whether the United States Court of Appeals for the First Circuit contravened this Court's holding in Terrell v. Morris, 493 U.S. 1 (1989) (per curi…
19-5595 Marcel Malachowski v. United States Second Circuit 2019-08-15 Denied Response WaivedIFP certificate-of-appealability due-process false-evidence government-misconduct government-misrepresentations habeas habeas-corpus ineffective-assistance-of-counsel plea-bargaining prosecutorial-misconduct second-circuit 1- Did The Denial of COA Violate of Appeals Denied Effective When A Clear Claim ofDue Process Where The Second Circuit And Meaningful Review As ACourt…
19-5603 Jonathan Javier Aleman v. United States Eleventh Circuit 2019-08-15 Denied Response WaivedIFP appeal-waiver certificate-of-appealability collateral-review constitutional-counsel criminal-case-defendant-rights criminal-defense evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel plea-agreement right-to-appeal sentencing sentencing-challenge subject-matter-jurisdiction 1. This Court provides that a defense attorney must consult with case defendant concerning the defendant's right to appeal and the of waiving that rig…
19-5570 Walter Barton v. William Stange, Warden Eighth Circuit 2019-08-14 Denied IFP 28-usc-2253 certificate-of-appealability circuit-split dissent double-jeopardy due-process federal-procedure habeas-corpus issue-being-raised judicial-review Question One As to the violation of Mr. Barton's right to be free from double jeopardy whether the Eighth Circuit has imposed upon Mr. Barton an impr…
19-5568 Keith D. Nelson v. United States Eighth Circuit 2019-08-13 Denied IFP brain-damage capital-sentencing certificate-of-appealability childhood-abuse childhood-sexual-abuse ineffective-assistance ineffective-assistance-of-counsel life-sentence mental-illness mitigating-evidence prejudice-analysis strickland-prejudice strickland-prejudice-standard strickland-standard 1. Does it violate the Strickland prejudice standard to conclude that never before presented evidence of brain damage, severe mental illness, and chil…
19-5560 Cecil McDonald Davis v. United States, et al. Fifth Circuit 2019-08-12 Denied Response WaivedIFP 8th-amendment bivens bivens-action bivens-claim certificate-of-appealability civil-procedure civil-rights deliberate-indifference due-process eighth-amendment medical-claim 1.) Whether the District Court in denying the Petitioner medical claim under Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. …
19-5543 Arnold Maurice Mathis v. United States Eleventh Circuit 2019-08-09 Denied Response WaivedIFP certificate-of-appealability fourth-amendment independent-source-doctrine ineffective-assistance sixth-amendment warrantless-search Whether trial counsel was ineffective in violation of the Sixth Amendment by failing to investigate and litigate a warrantless search of petitioner's …
19-5547 Ronny Lee Williams v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-08-09 Denied IFP abandonment-of-claim abandonment-of-defense certificate-of-appealability constitutional-claim counsel-statement-of-guilt counsel-statements criminal-procedure due-process ineffective-assistance ineffective-counsel right-to-autonomy right-to-counsel Whether COA should have been granted based on petitioner's right tocautonomy uhen his cousel abandoned petitioner's claim of hot guilty uhen cousel …
19-5498 Qwindel Jerome Page v. United States Sixth Circuit 2019-08-08 Denied Response WaivedIFP 28-usc-2253 28-usc-2255 certificate-of-appealability constitutional-rights habeas-corpus jurists-of-reason procedural-review sixth-circuit standard-of-review standards-of-review 1. Whether The District Court And The Sixth Circuit Court Of Appeals Erred When They Denied The Petitioner A Certificate Of Appealability ("COA") Wher…
19-5523 Manuel Maldonado Aguilar v. United States Eighth Circuit 2019-08-08 Denied Response WaivedIFP certificate-of-appealability due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-discretion motion-reconsideration procedural-default procedural-ruling section-2255 standard-of-review successive-petitions § 2255 Motion denied on the merit, for not Was petitioner's initial demostrating or proving deficient performance or prejudice? Was it legal for the…
19-5499 Marvel Thompson v. United States Seventh Circuit 2019-08-07 Denied Response WaivedIFP certificate-of-appealability constitutional-rights due-process habeas-corpus habeas-corpus-review rule-60(b)(6) rule-60b6 seventh-circuit standard-of-review standards-of-review timeliness 1. Whether The District Court And Seventh Circuit Court Of Appeals Erred When They Denied The Petitioner A Certificate Of Appealability Where. The Pet…
19-5473 Samuel Benzant v. Mark S. Inch, Secretary, Florida Department of Corrections Eleventh Circuit 2019-08-06 Denied IFP 28-usc-2253 appellate-procedure certificate-of-appealability constitutional-right constitutional-rights criminal-procedure due-process federal-habeas-corpus habeas-corpus ineffective-assistance-of-counsel sixth-amendment standard-of-review Whether the court of appeals improperly denied the Petitioner a certificate of appealability under 28 U.S.C. § 2253(c) on the basis that the Petitione…
19-147 Michael Baraka Mason v. Daniel Paramo, Warden Ninth Circuit 2019-08-01 Denied certificate-of-appealability federalism-and-comity habeas-corpus ineffective-assistance ineffective-assistance-of-counsel merits-based-standard merits-standard plainly-meritless procedural-complexity reasonable-probability reasonable-probability-of-different-outcome rhines-stay Whether a habeas petitioner who seeks a Rhines stay to exhaust a claim of ineffective assistance of counsel must establish a 'reasonable probability o…
19-5430 Christopher Devon Jackson v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-08-01 Denied IFP capital-case certificate-of-appealability due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-review mental-health mental-health-mitigation mitigation wiggins-v-smith Whether the Fifth Circuit applied an overly restrictive standard for granting a certificate of appealability (COA) where the district court found that…
19-5415 Darryl Dewayne Williams v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-07-31 Denied IFP 28-usc-2254 certificate-of-appealability constitutional-review evidentiary-findings habeas-corpus ineffective-assistance-of-counsel prosecutorial-misconduct standard-of-review strickland-standard strickland-v-washington Whether Applicant is entitled to a certificate of appealability or review by the Supreme Court
19-5374 Benson Coriolant v. United States Fifth Circuit 2019-07-29 Denied Response WaivedIFP abandoned-claims actual-appeal actual-innocence certificate-of-appealability criminal-justice-act criminal-procedure federal-rules-of-appellate-procedure fifth-circuit pro-se pro-se-litigant procedural-rules Whether the Fifth Circuit's holding that the pro se litigant has abandoned any claim(s) not raised in an application for a certificate of appealabilit…
19-5388 Marquis Travell Edwards v. United States Ninth Circuit 2019-07-29 Denied Response WaivedIFP certificate-of-appealability criminal-procedure discovery due-process government-misconduct habeas-corpus pre-indictment-delay preindictment-delay prosecutorial-misconduct tactical-advantage Whether the Ninth Circuit Court of Appeals should have granted a certificate of appealability (COA)
19-5348 Stanley James Oliver v. Glenn Johnson, et al. Eleventh Circuit 2019-07-26 Denied Response WaivedIFP certificate-of-appealability credibility credibility-challenge habeas habeas-corpus ineffective-assistance ineffective-assistance-of-counsel summary-reversal telephone-records trial-counsel Whether the Court of Appeals erred below in denying Mr. Oliver a COA on whether trial counsel was ineffective in not subpoenaing Mr. Oliver's telephon…
19-5354 Raheem Brown v. Jamey Luther, Superintendent, State Correctional Institution at Smithfield, et al. Third Circuit 2019-07-26 Denied Response WaivedIFP certificate-of-appealability constitutional-ruling eyewitness-testimony habeas habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prejudice strickland strickland-standard strickland-v-washington subpoena Did the United States Court of Appeals for the Third Circuit err and abuse its discretion by refusing to grant Petitioner a Certificate of Appealabili…
19-5298 Kendrick Antonio Simpson v. Mike Carpenter, Interim Warden Tenth Circuit 2019-07-24 Denied IFP aedpa aedpa-review certificate-of-appealability double-deference federal-courts habeas-corpus ineffective-assistance judicial-deference prejudice-prong standard-of-review strickland-analysis strickland-standard Does the AEDPA require federal courts to apply a doubly-deferential standard of review to the prejudice prong of the Strickland analysis?
19-5321 John R. Collins v. Tim Shoop, Warden Sixth Circuit 2019-07-24 Denied Response WaivedIFP actual-innocence certificate-of-appealability due-process factual-innocence mcquiggin-exception mcquiggin-v-perkins miller-el-v-cockrell no-trial-no-guilty-plea presumption-of-innocence procedural-rules Does the 'actual innocence' exception/gateway in McQuiggin v. Perkins, 569 U.S. 383 (2013) require new evidence of innocence when there has never been…
19-104 Flavio Tamez v. United States Fifth Circuit 2019-07-22 Denied Response WaivedRelisted (2) appeal-waiver appellate-procedure certificate-of-appealability collateral-attack constitutional-effectiveness criminal-defendant-waiver due-process immigration-consequences ineffective-assistance ineffective-assistance-of-counsel jae-lee-v-united-states sentencing-consequences waiver-of-rights Whether a criminal defendant's generic waiver of right to appeal or collateral attack can waive ineffective assistance of counsel claim
19-105 Joseph A. Caramadre v. United States First Circuit 2019-07-22 Denied Response Waived 28-usc-2255 abuse-of-discretion appellate-review certificate-of-appealability evidentiary-hearing habeas-corpus hill-v-lockhart ineffective-assistance section-2255 strickland-standard strickland-v-washington Should a Writ of Habeas Corpus issue
19-5264 Joseph Hyungseop Shim v. Michael Sexton, Warden Ninth Circuit 2019-07-22 Denied IFP 28-usc-2253 appellate-review certificate-of-appealability constitutional-right constitutional-rights criminal-procedure due-process federal-statute habeas-corpus standing Whether Petitioner has made a substantial showing of a denial of a constitutional right to authorize the granting of a certificate of appealability un…
19-5246 Jason Rosado v. United States Eleventh Circuit 2019-07-19 Denied IFP 18-usc-1203 924(c) certificate-of-appealability constitutional-law crime-of-violence criminal-procedure criminal-procedure-certificate-of-appealability due-process eleventh-circuit habeas-corpus sentencing statutory-interpretation united-states-v-davis Whether the Eleventh Circuit Court of Appeals' denial of a Certificate of Appealability should be vacated in light of the Supreme Court's decision in …
19-5261 Jorge Baez v. United States Eleventh Circuit 2019-07-19 Denied Response WaivedIFP 18-usc-924c certificate-of-appealability conviction criminal-procedure criminal-statute due-process due-process,vagueness,18-usc-924(c),criminal-proce eleventh-circuit habeas-corpus statutory-vagueness united-states-v-davis vagueness Whether Petitioner is entitled to relief on his claim that 18 U.S.C. § 924(c)(3)(B) is unconstitutionally vague and therefore his conviction under 18 …
19-5171 Victor Hugo Saldano v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-07-16 Denied Amici (3)IFP biased-jury buck-v-davis certificate-of-appealability constitutional-claim death-penalty due-process future-dangerousness mental-competency racial-bias vagueness vagueness-doctrine Whether the Texas future-dangerousness special issue fails on vagueness grounds as applied to Mr. Saldajfio, as a statute incapable of reasoned applic…
19-5185 William Eric Taylor v. United States Fifth Circuit 2019-07-15 Denied Response WaivedIFP appellate-review certificate-of-appealability civil-procedure denial-of-certificate due-process factual-predicates fifth-circuit habeas-corpus judicial-procedure legal-premises legal-reasoning procedural-due-process standing uncontested-application Should the Fifth Circuit Court of Appeals granted a certificate of appealability based the uncontested application submitted by the petitioner?
19-5186 Mauricio Warner v. United States Eleventh Circuit 2019-07-15 Denied Response WaivedIFP appeal appeal-court appellate-procedure application certificate-of-appeal certificate-of-appealability civil-procedure civil-rights court-of-appeals due-process habeas-corpus judicial-review merits-ruling procedural-error standing Did the Appeal Court err in making a merits ruling on Warner's Application for a Certificate of Appealability and for failure to even consider the app…
19-5144 David R. Uribe v. Ralph Diaz, Secretary, California Department of Corrections and Rehabilitation Ninth Circuit 2019-07-11 Denied IFP 14th-amendment certificate-of-appealability due-process gang-evidence habeas-corpus insufficient-evidence jackson-v-virginia underlying-charges Should a certificate of appealability be granted to review whether there was a violation of Jackson v. Virginia and the Due Process Clause?
19-5067 Jimmie Darnell Dixon v. Darrel Vannoy, Warden Fifth Circuit 2019-07-05 Denied Response WaivedIFP certificate-of-appealability constitutional-rights criminal-procedure criminal-procedure-insanity-defense-due-process-si due-process evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel insanity-defense insufficient-evidence Whether the lower court erred denying COA on the claim of insufficient evidence where petitioner sufficiently proved by a preponderance of the evidenc…
19-5072 Troy Lee Bridges v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-07-03 Denied Relisted (2)IFP batson-challenge certificate-of-appealability fifth-circuit habeas-corpus ineffective-assistance ineffective-assistance-of-counsel peremptory-strikes prejudice prosecutorial-misconduct standard-of-review voir-dire Did the Fifth Circuit err in deferring to the Federal court finding that Mr. Bridges was not prejudiced by his trial counsel,findings and the prosecut…
19-5074 Forge Dennis Mileham v. Jeff Premo, Superintendent, Oregon State Penitentiary Ninth Circuit 2019-07-03 Denied Response WaivedIFP certificate-of-appealability claim-exhaustion exhaustion exhaustion-of-state-remedies federal-review habeas-corpus ineffective-assistance ineffective-assistance-of-counsel miller-el-v-cockrell state-court-proceedings vasquez-v-hillery Whether a Court of Appeals' denial of a certificate of appealability conflicts with this Court's rulings in Vasquez v. Hillery and Miller-El v. Cockre…
19-5018 Gettus Leroy Mintz v. Charles L. Ryan, Director, Arizona Department of Corrections, et al. Ninth Circuit 2019-07-01 Denied IFP actual-innocence brady-violation certificate-of-appealability constitutional-review conviction-standard criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel judicial-misconduct procedural-default reasonable-doubt Whether the willful and serial denial of attempts to demonstrate actual innocence, by the courts and counsel, presents at a minimum the debatable qual…
18-9808 Manuel Reyes v. United States Eleventh Circuit 2019-06-26 Denied IFP 18-usc-924(c) 18-usc-924(c)(3)(B) 18-usc-924c certificate-of-appealability circuit-precedent conviction criminal-law criminal-procedure due-process federal-criminal-procedure federal-statute statutory-vagueness vagueness Whether Petitioner is entitled to relief on his claim that 18 U.S.C. § 924(c)(3)(B) is unconstitutionally vague and his conviction under 18 U.S.C. § 9…
18-9795 Gregory A. Barto v. Mark Garmon, Superintendent, State Correctional Institution at Rockview, et al. Third Circuit 2019-06-25 Denied IFP certificate-of-appealability cross-examination due-process effective-cross-examination evidence-tampering habeas-corpus procedural-default prosecutorial-misconduct sixth-amendment state-court-review sufficiency-of-evidence Whether the court of appeals decision to deny a COA concluding that petitioner sufficiency of evidence claim was procedurally defaulted based on state…
18-9705 Leonard Moore v. United States Sixth Circuit 2019-06-19 Denied Response WaivedIFP 6th-amendment appellate-review certificate-of-appealability crime-of-violence criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel sentencing sentencing-enhancement sixth-amendment statutory-interpretation Whether 18 U.S.C. §1959(a)(3) qualifies as a crime of violence for the purpose of §924(c)(3)(A) element clause
18-9724 Clifford Marcus Winkles v. United States Ninth Circuit 2019-06-19 Denied Response WaivedIFP certificate-of-appealability due-process equal-protection equitable-tolling habeas-corpus ineffective-assistance-of-counsel post-conviction-relief sentencing statute-of-limitations successive-habeas Whether the lower court erred in denying petitioner's request for additional time to file a successive 28 U.S.C. § 2255 motion
18A1326 Lisa Montgomery v. United States Eighth Circuit 2019-06-18 Presumed Complete capital-punishment certificate-of-appealability constitutional-challenge death-penalty federal-habeas section-2255 Whether a federal death row inmate's constitutional rights were violated by the denial of a certificate of appealability and the underlying judicial p…
18-9695 Robert A. Wagner v. Jeff Premo, Superintendent, Oregon State Penitentiary Ninth Circuit 2019-06-17 Denied Response WaivedIFP certificate-of-appealability due-process effective-representation expert-testimony eyewitness-identification habeas-corpus ineffective-assistance miller-el-standard miller-el-v-cockrell reasonable-probability trial-outcome Whether the Ninth Circuit's ruling denying a certificate of appealability conflicts with the 'debatable' standard from Miller-El v. Cockrell
18-9676 Randy Ethan Halprin v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-06-14 Denied IFP 28-usc-2254(d)(2) aedpa aedpa-deference capital-punishment-eligibility certificate-of-appealability enmund-v-florida habeas-corpus lockett-v-ohio merits-review procedural-default tison-v-arizona Whether the Fifth Circuit contravened this Court's precedents in Buck, Miller-El, and Slack by first deciding the merits of Mr. Halprin's claims befor…
18-9680 Elester Middlebrook v. United States Eleventh Circuit 2019-06-14 Denied Response WaivedIFP actual-innocence appeals certificate-of-appealability extraordinary-circumstance extraordinary-circumstances federal-procedure habeas-corpus habeas-proceedings reopening rule-60b statute-of-limitations subject-matter-jurisdiction unresolved-claims Does a corroborated claim of actual-innocence constitute an extraordinary-circumstance that justifies reopening the habeas-proceedings to adjudicate t…
18A1309 Marcel Malachowski v. United States Second Circuit 2019-06-13 Presumed Complete certificate-of-appealability federal-civil-procedure legal-resources prisoner-rights pro-se section-2255 Whether a pro se prisoner's limited access to legal resources at a private correctional facility constitutes a due process violation warranting an ext…
18A1310 Marcel Malachowski v. United States Second Circuit 2019-06-13 Presumed Complete certificate-of-appealability federal-civil-procedure pro-se section-2255 supreme-court-jurisdiction writ-of-certiorari Whether a pro se prisoner can obtain an extension of time to file a petition for writ of certiorari when facing limited legal research resources in a …
18-9634 Destyn David Frederick v. Bryan Collier, Executive Director, Texas Department of Criminal Justice, et al. Fifth Circuit 2019-06-12 Denied IFP appeal certificate-of-appealability constitutional-rights conviction criminal-conviction criminal-procedure cruel-and-unusual-punishment due-process habeas-corpus ineffective-assistance-of-counsel pro-se-challenge right-to-counsel sentencing Whether the United States District court and the Fifth Circuit court of appeals have denied Petitioner his rights to challenge the Government convicti…
18A1289 Walter Barton v. Cynthia Griffith, Superintendent, Potosi Correctional Center, et al. Eighth Circuit 2019-06-11 Presumed Complete certificate-of-appealability constitutional-rights death-penalty eighth-circuit federal-review habeas-corpus Whether the Eighth Circuit's denial of a certificate of appealability in a death penalty habeas corpus case violated the petitioner's constitutional r…
18A1294 Timothy L. Joe v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2019-06-11 Presumed Complete certificate-of-appealability habeas-corpus legal-access pro-se supreme-court-rule time-extension Whether a pro se prisoner's limited access to legal resources and law library constitutes good cause for an extension of time to file a petition for a…
18-9597 Jose Berrum, Jr. v. United States Fifth Circuit 2019-06-10 Denied Response WaivedIFP appellate-review certificate-of-appealability criminal-procedure district-court fifth-circuit habeas-corpus ineffective-assistance ineffective-assistance-of-counsel strickland-standard strickland-v-washington May This Court Grant Certificate Of Appealability Or Overturn Conviction Where The Fifth Circuit Court Of Appeals Sanctioned District Court's Misappli…
18-9556 Charles R. Willard v. California Department of Corrections and Rehabilitation Ninth Circuit 2019-06-05 Denied IFP certificate-of-appealability inconsistent-testimony ineffective-assistance ineffective-assistance-of-counsel mental-health mental-illness prejudice prior-convictions prosecutorial-misconduct sentencing sentencing-mitigation trial-counsel witness-credibility witness-impeachment Is the low threshold for a certificate of appealability (COA) met on a claim that trial counsel provided prejudicially deficient performance when coun…
18A1270 William Alan Kennedy v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-06-05 Presumed Complete aggravated-robbery certificate-of-appealability deadly-weapon due-process habeas-corpus ineffective-assistance Whether a single open-handed push during a shoplifting attempt constitutes use of a 'deadly weapon' under Texas law sufficient to support a first-degr…
18-9536 Shawn J. Gieswein v. United States Tenth Circuit 2019-06-04 Denied Response WaivedIFP certificate-of-appealability crime-of-violence criminal-procedure ineffective-assistance ineffective-assistance-of-counsel resentencing second-amendment sentencing-guidelines upward-variance witness-tampering Whether the United States Court of Appeals for the Tenth Circuit erroneously denied Certificate of Appealability
18A1263 Keith D. Nelson v. United States Eighth Circuit 2019-06-04 Presumed Complete capital-sentencing certificate-of-appealability constitutional-standards death-penalty eighth-amendment ineffective-assistance Whether the Eighth Amendment and standards for ineffective assistance of counsel require a new sentencing hearing when trial counsel's performance fal…
18-1507 Augustin Zambrano v. United States Seventh Circuit 2019-06-04 Denied Response Waived appellate-court appellate-procedure appellate-review certificate-of-appealability certificates-of-appealability coa-standard court-discretion due-process habeas-corpus judicial-review judicial-standard procedural-ruling standard-of-review Should this Court grant certiorari to make explicit that in ruling on a request for certificates of appealability, an appellate court must apply the a…
18-9494 Matthew Mounir Awad v. Charles L. Ryan, Director, Arizona Department of Corrections, et al. Ninth Circuit 2019-05-31 Denied IFP certificate-of-appealability constitutional-rights due-process habeas-corpus miscarriage-of-justice ninth-circuit procedural-ruling sentencing Whether the Ninth Federal Circuit Court of Appeals correctly denied Petitioner's Motion for Certificate of Appealability
18-9503 Donald M. Boswell v. Louisiana, et al. Fifth Circuit 2019-05-31 Denied Response WaivedIFP §2254-petition certificate-of-appealability due-process equitable-tolling habeas-corpus post-conviction post-conviction-proceedings post-conviction-relief state-created-impediments statute-of-limitations Did the United States District Court for the Western District of Louisiana and the United States Court of Appeals for the Fifth Circuit err when they …
18-9475 Darrell Kennedy v. Rusty Washburn, Warden Sixth Circuit 2019-05-30 Denied Response WaivedIFP actual-innocence certificate-of-appealability constitutional-claim due-process equitable-tolling habeas-corpus mcquiggin-v-perkins pro-se schlup-v-delo statute-of-limitations Whether Mr. Kennedy was denied due process by the Court of Appeals' improper evaluation of Mr. Kennedy's actual-innocence claim to establish cause to …
18-9443 Arthur L. Campbell v. Sherman Campbell, Warden Sixth Circuit 2019-05-29 Denied Response WaivedRelisted (2)IFP buck-v-davis certificate-of-appealability district-court due-process habeas-corpus jurisdiction miller-el-v-cockrell procedural-error sixth-circuit standard-of-review statute-of-limitations Whether the Sixth Circuit committed plain error in considering the merits of Campbell's appeal without issuing a certificate of appealability first
18-9462 Daniel H. Kilgore v. Ronda J. Pash, Warden, et al. Eighth Circuit 2019-05-29 Denied Response WaivedIFP certificate-of-appealability due-process habeas-corpus missouri-law plea-bargaining sentencing sex-offender Is Mr. Kilgore entitled to appeal the district court's decision that Missouri did not violate Mr. Kilgore's right to due process of law when he was or…
18-9438 Nathaniel Woods v. Cynthia Stewart, Warden, et al. Eleventh Circuit 2019-05-28 Denied IFP certificate-of-appealability habeas habeas-corpus habeas-corpus,ineffective-assistance-of-counsel,ma ineffective-assistance ineffective-assistance-of-counsel martinez-rule martinez-v-ryan plea-bargaining plea-negotiations trevino-exception trevino-v-thaler Could reasonable jurists disagree with the district court's rejection of Mr. Woods' claim that Martinez v. Ryan, 566 U.S. 1 (2012), and Trevino v. Tha…
18-9417 Wade Lay v. United States, et al. Tenth Circuit 2019-05-23 Denied Response WaivedIFP available-state-corrective-process certificate-of-appealability due-process federal-habeas-corpus federal-jurisdiction government-misconduct habeas-corpus standing state-court-determination wainwright-v-sykes Whether the government's actions in filing a Wainwright motion for a prisoner in state custody present a constitutional dilemma, and whether such acti…
18A1217 Jorge Baez v. United States Eleventh Circuit 2019-05-23 Presumed Complete certificate-of-appealability constitutional-challenge habeas-corpus johnson-precedent section-924c vagueness-doctrine Whether 18 U.S.C. § 924(c)(8)(B) is unconstitutionally vague under Johnson v. United States in light of the Supreme Court's vagueness jurisprudence
18-9362 Timothy Stuart Ring v. Charles L. Ryan, Director, Arizona Department of Corrections, et al. Ninth Circuit 2019-05-21 Denied Response WaivedIFP appellate-procedure certificate-of-appealability counsel-appointment federal-habeas-proceeding habeas-corpus motion-for-counsel motion-for-discovery ninth-circuit pro-se pro-se-petition Whether the Ninth Circuit erred in construing a pro se petitioner's appeal
18-9319 Robert Gray v. United States Eleventh Circuit 2019-05-17 Denied IFP appeal certificate-of-appealability criminal-conviction due-process eleventh-circuit habeas-corpus ineffective-assistance-of-counsel motion-to-vacate sentencing standard-of-review Whether the trial and appellate court erred in denying Petitioner's Motion for Certificate of Appealability?
18-9326 David Marshall v. Wisconsin Seventh Circuit 2019-05-17 Denied Response WaivedIFP appellate-jurisdiction certificate-of-appealability civil-procedure constitutional-right constitutional-rights due-process habeas-corpus habeas-petition jurists-of-reason procedural-ruling seventh-circuit Whether the United States Court of Appeals for the Seventh Circuit erred in failing to issue a Certificate of Appealability
18-9329 Sean M. Barnhill v. United States Sixth Circuit 2019-05-17 Denied Response WaivedIFP appellate-standard certificate-of-appealability civil-procedure due-process evidentiary-hearing habeas-corpus judicial-procedure pro-se-petition section-2255 sixth-amendment sixth-circuit-review standard-of-review Did the Sixth Circuit err by exceeding the scope of the COA analysis
18-9256 Zeeshan Khalid Syed v. United States Sixth Circuit 2019-05-15 Denied Response WaivedIFP affidavit certificate-of-appealability civil-procedure civil-rights counsel-affidavit court-discretion due-process evidentiary-hearing habeas-corpus ineffective-assistance-of-counsel pro-se reasonableness-of-counsel standing waiver waiver-doctrine writ-of-certiorari When a pro-se files for a COA and discusses his claim extensively in his argument, can the Court construe the issue as being waived?
18-9294 Andre Derrell Lee v. Jerry Goodwin, Warden Fifth Circuit 2019-05-15 Denied Response WaivedIFP certificate-of-appealability civil-procedure civil-rights due-process exhaustion-of-remedies habeas-corpus ineffective-assistance-of-counsel jurisdiction right-to-counsel standing Did the Circuit Court err in not granting a COA?
18-9264 Robert Marshall v. United States Eleventh Circuit 2019-05-14 Denied Response WaivedIFP appellate-procedure buck-precedent buck-v-davis certificate-of-appealability due-process eleventh-circuit habeas-corpus judicial-review jurisprudence DID THE ELEVENTH CIRCUIT WRONGLY APPLY THIS COURT'S JURISPRUDENCE IN BUCK BY FAILING TO GRANT A COA IN THIS MATTER
18-9273 Billy Joe Wardlow v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-05-14 Denied IFP adequate-state-ground adequate-state-procedural-ground capital-case capital-habeas capital-habeas-case-appeal certificate-of-appealability due-process-right-to-present-evidence federal-habeas fifth-circuit habeas-corpus ineffective-assistance-of-counsel presumption-of-correctness state-habeas state-habeas-proceedings state-procedural-ground texas-court-of-criminal-appeals Whether the Fifth Circuit violated the standard for determining a Certificate of Appealability
18-9275 James Troiano v. United States Ninth Circuit 2019-05-14 Denied Response WaivedIFP acca-residual-clause advisory-guidelines advisory-sentencing-guidelines armed-career-criminal-act certificate-of-appealability due-process johnson-claim johnson-v-united-states townsend-misinformation townsend-v-burke vagueness void-for-vagueness Should a COA issue because reasonable jurists could conclude that Johnson's interpretation of the ACCA's residual clause triggers a Townsend claim aga…
18-9215 Dale Giles v. United States Eighth Circuit 2019-05-10 Denied Response WaivedIFP certificate-of-appealability due-process eighth-circuit fair-notice in-forma-pauperis judicial-process opportunity-to-be-heard procedural-fairness supreme-court-precedent Did the Eighth Circuit Court of Appeals violate petitioner's due process rights to fair notice and an opportunity to be heard?
18-1413 Brandon D. Woodruff v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-05-10 Denied ' 'habeas-corpus" ' 'prosecutorial-misconduct" ' 'right-to-confrontation" ' 'right-to-counsel" ' 'sixth-amendment" ' 'standard-of-review' certificate-of-appealability criminal-procedure due-process habeas-corpus jail-telephone-calls prosecutorial-conduct prosecutorial-misconduct right-to-counsel sixth-amendment Whether the denial of a certificate of appealability by the Fifth Circuit Court of Appeals constituted reversible error, given the prosecutor's violat…
18-9169 Andre McDaniels v. United States Fifth Circuit 2019-05-09 Denied Response WaivedIFP 2255 6th-amendment appeal appeals certificate-of-appealability civil-rights court-reporter due-process fifth-amendment judicial-review jurisdiction pro-se-litigant sixth-amendment standing transcripts Does a pro-se petitioner forfeit his constitutional rights when denied opportunity to have merits heard?
18-9211 Leon Escourse-Westbrook v. United States Eleventh Circuit 2019-05-09 GVR Response RequestedResponse WaivedRelisted (2)IFP 18-usc-924(c) categorical-approach certificate-of-appealability collateral-review conduct-based-approach constitutional-law crime-of-violence residual-clause retroactivity vagueness vagueness-doctrine Whether the 'crime of violence' definition in 18 U.S.C. § 924(c)(3)(B) is unconstitutionally vague
18-9155 Robert Strecker v. United States Fifth Circuit 2019-05-07 Denied Response WaivedIFP certificate-of-appealability civil-rights court-of-appeals district-court due-process habeas-corpus standing Whether the court of appeals erred in denying a certificate of appealability (COA) to the petitioner, where the district court denied the petitioner's…
18-9150 Peter Victor Ayika v. United States Fifth Circuit 2019-05-06 Denied Response WaivedIFP appellate-procedure certificate-of-appealability constitutional-rights constitutional-speedy-trial effective-assistance-of-counsel ineffective-assistance-of-counsel sixth-amendment speedy-trial-act statutory-rights statutory-speedy-trial whether a certificate of Appealability (COA) should issue to pursue the Sixth Amendment claim on appeal
18-9069 Hector Rengifo v. United States Third Circuit 2019-05-03 Denied Response WaivedIFP certificate-of-appealability circuit-court-split civil-procedure controlled-substance controlled-substance-offense court-of-appeals due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sentencing-guidelines sixth-amendment standing supreme-court-precedent united-states-v-winstead Whether two United States Court of Appeals has entered a decision in conflict with relevant decision of this Court
18-9091 Antwayne Tremayne Lowry v. United States Eleventh Circuit 2019-05-02 Denied Response WaivedIFP appeal appellate-review certificate-of-appealability criminal-conviction due-process eleventh-circuit habeas-corpus ineffective-assistance-of-counsel motion-to-vacate sentencing standard-of-review Whether the trial and appellate court erred in denying Petitioner's Motion for Certificate of Appealability
18-9046 Richard Shusterman v. United States Fourth Circuit 2019-05-01 Denied Response WaivedIFP 28-usc-2255 certificate-of-appealability district-court due-process fourth-circuit habeas-corpus ineffective-assistance ineffective-assistance-of-counsel reasonable-jurists standard-of-review Did the Fourth Circuit Court of Appeals err in denying issuance of a Certificate of Appealability of a 28 U.S.C. § 2255 ruling when the District Court…
18-9059 Geary Gilmore v. Shirlee Harry, Warden Sixth Circuit 2019-05-01 Denied Response WaivedIFP certificate-of-appealability constitutional-review due-process habeas-corpus judicial-procedure merits-adjudication sixth-circuit standard-of-review supervisory-power Whether the United States Court of Appeals for the Sixth Circuit violated the procedure prescribed by 28 U.S.C. § 2253(c)(2) and imposed an improper b…
18-9063 Tyrone Leonard James v. United States Fourth Circuit 2019-05-01 Denied Response WaivedIFP 18-usc-3553 18-usc-3584 18-usc-924c 18-usc-924c3b certificate-of-appealability concurrent-sentences concurrent-sentences,federal-sentencing,state-sent Does the Supreme Court's grant of writ of certiora federal-criminal-procedure federal-sentencing judicial-consideration sentencing-discretion sentencing-factors state-sentencing statutory-interpretation supreme-court-rule-10 third-circuit unrelated-crimes vagueness Whether a district court's finding that a state crime and federal crime were unrelated is sufficient, in itself, to satisfy its obligation under 18 U.…
18-9064 Adonijah Lindsay v. United States Third Circuit 2019-05-01 Denied Response RequestedResponse WaivedRelisted (2)IFP §-2255-motion §-924(c)-conviction 18-usc-924c 18-usc-924c3b certificate-of-appealability supreme-court-rule-10 third-circuit vagueness writ-of-certiorari Does the Supreme Court's grant of writ of certiorari on the same question of law establish a per se ground for obtaining a certificate of appealabilit…
18-9044 Troy Latrial Ramsey v. Jeff Premo, Superintendent, Oregon State Penitentiary Ninth Circuit 2019-04-30 Denied Response WaivedIFP certificate-of-appealability habeas-corpus ineffective-assistance ineffective-assistance-of-counsel miller-el-standard miller-el-v-cockrell per-se-rule reasonable-jurist sixth-amendment strickland-v-washington Whether the Ninth Circuit's ruling denying a certificate of appealability conflicts with this Court's ruling in Miller-El v. Cockrell
18-9027 Marc Nielsen v. Brandon Kelly, Superintendent, Oregon State Penitentiary Ninth Circuit 2019-04-29 Denied Response WaivedIFP certificate-of-appealability civil-procedure civil-rights due-process equitable-tolling habeas-corpus ineffective-assistance post-conviction-relief professional-conduct sixth-amendment statute-of-limitations Whether petitioner's request for equitable tolling of the statute of limitations meets the statutory requirement for the issuance of a certificate of …
18-9000 Johnnie Sterling, Jr. v. Ronda Pash, Warden Eighth Circuit 2019-04-26 Denied Response WaivedIFP 28-usc-1257 4th-amendment 5th-amendment 6th-amendment certificate-of-appealability constitutional-rights dna-testing due-process post-conviction-relief skinner-v-switzer subject-matter-jurisdiction Should the United States Eighth Circuit Court of Appeals have granted the Certificate of Appealability in case no. 18-2519, where no reasonable jurist…
18-9014 Jamaal A. McNeil v. Nebraska, et al. Eighth Circuit 2019-04-26 Denied Relisted (2)IFP certificate-of-appealability certificate-of-probable-cause civil-procedure civil-rights constitutional-rights district-court-clerk-failure-to-forward-record district-court-judgment-dismissal-stay due-process ecclesiastical-court ecclesiastical-court-letter-of-rogatory-registered exhaustion expand-record habeas-corpus standing writ-of-certiorari Can the Ecclesiastical Court, Letter of Rogatory, Registered Deed Poll be admissible and applied in this Writ of Certiorari
18-9015 Diego Rodrigo Perea v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2019-04-26 Denied Response WaivedIFP certificate-of-appealability confrontation-clause constructive-denial criminal-procedure cross-examination due-process habeas-corpus ineffective-assistance-of-counsel right-to-counsel sixth-amendment Was the State Court's rejection of the Petitioner's claim that he was constructively denied the assistance of counsel
18-8993 Frederick R. Cote v. Debbie Asuncion, Warden Ninth Circuit 2019-04-25 Denied IFP actual-innocence certificate-of-appealability false-evidence false-testimony habeas habeas-corpus ineffective-assistance life-without-parole third-party-culpability Is the low threshold for a certificate of appealability (COA) met on a freestanding claim of actual innocence"
18-8935 Scott B. Miserendino, Sr. v. United States Fourth Circuit 2019-04-23 Denied Response WaivedIFP administrative-law bribery-conviction buck-v-davis certificate-of-appealability civil-procedure civil-rights due-process federal-jurisdiction mcdonnell-v-united-states official-act question-not-identified section-2255-petition standing takings Whether the lower court erred in dismissing petitioner's claims for lack of standing and failure to state a claim upon which relief can be granted
18-8946 Willie Peterson v. Steven Johnson, Administrator, New Jersey State Prison, et al. Third Circuit 2019-04-23 Denied Response WaivedIFP certificate-of-appealability constitutional-rights criminal-procedure due-process duncan-v-louisiana illinois-v-allen lewis-v-united-states right-to-be-present third-circuit-court Whether the Third Circuit Court of Appeals Erred in Denying Petitioner a Certificate of Appealability on His Claim that the State Court Violated the U…
18-8949 Hakim Muhammad v. Cedric Taylor, Warden Eleventh Circuit 2019-04-23 Denied Response WaivedIFP certificate-of-appealability civil-rights COA-standard color-of-authority constitutional-review counsel-performance due-process federal-appellate habeas-corpus ineffective-assistance-of-counsel judicial-proceedings post-conviction-relief state-court supervisory-power Whether the Eleventh Circuit Court of Appeals erred in a decision that conflicts with decisions of other Courts of Appeals on the same important matte…
18-8955 Gregory Butler v. Steven Johnson, Administrator, New Jersey State Prison, et al. Third Circuit 2019-04-23 Denied IFP 14th-amendment 6th-amendment certificate-of-appealability confrontation-clause criminal-procedure cross-examination due-process evidence fourteenth-amendment jury-instructions other-crimes-evidence sixth-amendment trial-fairness witness-confrontation Whether the district court and the third circuit erred in refusing to issue a certificate of appealability
18-8968 Emmanuel Mathis v. United States Eleventh Circuit 2019-04-23 Denied Response WaivedIFP certificate-of-appealability due-process extraneous-communication habeas-corpus judicial-proceeding judicial-review juror-bias jury-misconduct remmer-hearing supervisory-power Whether the United States Court of Appeals for the Eleventh Circuit has so far departed from the accepted and usual course of judicial proceedings, as…
18-8929 In Re Lavont Flanders, Jr. 2019-04-22 Denied Response WaivedIFP certificate-of-appealability criminal-procedure critical-stage due-process habeas-corpus indictment-amendment mailbox-rule postal-service-error pro-se-filing pro-se-prisoner procedural-due-process right-to-counsel sixth-amendment Whether the Petitioner's Sixth Amendment right to counsel was violated when the indictment was amended during a critical stage of the proceedings with…
18-8933 Zaamar Bersan Stevenson v. Pennsylvania Board of Probation and Parole, et al. Third Circuit 2019-04-22 Denied IFP appeal appeal-process certificate-of-appealability criminal-procedure due-process first-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel rehabilitation-process right-to-counsel subject-matter-jurisdiction Whether Mr. Stevenson was entitled to relief on his claim of ineffective assistance of counsel
18-8937 Michael P. Johnson v. Mark Hooks, Warden Sixth Circuit 2019-04-22 Denied Response WaivedIFP 28-usc-2253 certificate-of-appealability due-process federal-constitutional-right federal-constitutional-rights federal-court-rulings habeas-corpus similar-facts sixth-circuit state-court-proceeding Whether a state habeas petitioner may satisfy his burden under 28 U.S.C. §2253(c)(2) of making a substantial showing of a denial of a federal constitu…
18-8917 Gilbert Demetrius Aguilar v. Aaron D. Ford, Attorney General of Nevada, et al. Ninth Circuit 2019-04-19 Denied Response WaivedIFP 28-usc-2107 appellate-procedure certificate-of-appealability counsel-ineffectiveness due-diligence due-process equitable-tolling habeas-corpus habeas-corpus-petition habeas-petition ineffective-assistance-of-counsel notice-of-appeal statutory-interpretation Whether the 9th Circuit Court of Appeals erred in denying Aguilar's certificate of appealability under 28 U.S.C. Sections 2107, 2253(c)(2) despite cou…
18-8924 William Weaver v. Michael Bowersox, Warden Eighth Circuit 2019-04-19 Denied Response WaivedIFP aedpa aedpa-standard batson-claim certificate-of-appealability constitutional-claims eighth-amendment eighth-circuit eighth-circuit-review habeas-corpus rule-60(b) rule-60b Whether a habeas petitioner can obtain Rule 60(b) relief despite a prior adjudication on the merits
18-1325 Dieter Charles Vogt v. United States Eleventh Circuit 2019-04-19 Denied Response Waived 28-usc-2255 certificate-of-appealability court-of-appeals district-court-order due-process habeas-corpus procedural-grounds reasonable-jurist right-to-counsel standard-of-review summary-denial Should the order of the court of appeals denying a certificate of appealability be reversed and remanded, because it is manifestly incorrect to sugges…
18-8882 Kevin L. Donaldson v. United States Second Circuit 2019-04-18 Denied Response WaivedIFP 28-usc-2255 access-to-courts certificate-of-appealability civil-rights clerk-of-court clerk-of-court-error district-court-procedure due-process first-amendment government-liability standing Did the Second Circuit Court of Appeals abuse its discretion when it denied the Petitioner a Certificate of Appealability?
18-8891 Warner Bernard Crider v. United States Sixth Circuit 2019-04-18 Denied Response WaivedIFP §-2255 buck-v-davis certificate-of-appealability due-process habeas-corpus merits-review procedural-review sixth-circuit Was Crider denied a COA improperly, where the Sixth Circuit's decision is contrary to Buck v. Davis?
18-8892 Carlos Hernandez Machin v. United States Eleventh Circuit 2019-04-18 Denied IFP appellate-review certificate-of-appealability circuit-split constitutional-vagueness criminal-law criminal-statute due-process mandatory-minimum residual-clause samuel-johnson sessions-v-dimaya statutory-interpretation supreme-court-precedent vagueness Whether the Eleventh Circuit's denial of a certificate of appealability is in conflict with this Court's precedent when reasonable jurists are current…
18-8852 Xavier Huron Sanders v. United States Eleventh Circuit 2019-04-17 Denied Response WaivedIFP appellate-procedure certificate-of-appealability due-process eleventh-circuit habeas-corpus ineffective-assistance-of-counsel judicial-review motion-for-review standard-of-review Whether the trial and appellate court erred in denying Petitioner's Motion for Certificate of Appealability?
18-8820 Carman L. Deck v. Richard Jennings, Warden Eighth Circuit 2019-04-15 Denied Relisted (2)IFP appellate-procedure appellate-review certificate-of-appealability death-penalty district-court due-process habeas-corpus judicial-discretion procedural-standard reasonable-jurists standard-of-review Did Mr. Deck present grounds for relief as to which reasonable jurists could differ concerning the correctness of the district court's conclusion, thu…
18-8816 Charles Ray Hooper v. United States Fifth Circuit 2019-04-12 Denied Response WaivedIFP 28-usc-2253 brady-violation certificate-of-appealability circuit-precedent due-process guilty-plea habeas-corpus merits-adjudication miller-el voluntariness Where an appellate court decides that circuit precedent precludes the use of a Brady violation to challenge the voluntariness of a guilty plea, does t…
18-8796 Larry Junior Copeland, aka La-La v. United States Fourth Circuit 2019-04-11 Denied Response WaivedIFP certificate-of-appealability evidentiary-hearing fair-sentencing-act first-step-act habeas-corpus procedural-default retroactivity sentencing-discretion Should the Court of Appeals have granted a certificate of appealability on whether district court abused its discretion?
18-8798 Brent Lynch v. Eddie Miles, Warden Eighth Circuit 2019-04-11 Denied Response WaivedIFP 28-usc-2253 certificate-of-appealability federal-court habeas-corpus procedural-grounds reasonable-jurists statutory-interpretation Whether a federal court may find that 'reasonable jurists would not disagree' about the denial of relief on procedural grounds where other courts have…
18-8775 Samuel William Maines v. United States Fifth Circuit 2019-04-10 Denied Response WaivedIFP certificate-of-appealability due-process fifth-circuit habeas-corpus ineffective-assistance-of-counsel remand summary-denial Should the Fifth Circuit's unreasoned summary denial of a Certificate of Appealability be remanded for further consideration?
18-8737 Mario Bachiller v. United States Eleventh Circuit 2019-04-09 GVR IFP categorical-approach certificate-of-appealability constitutional-vagueness criminal-law criminal-law-procedure due-process eleventh-circuit johnson-retroactivity mandatory-minimum residual-clause retroactivity section-924c vagueness vagueness-doctrine Whether 18 U.S.C. § 924(c)'s residual clause is unconstitutionally vague under Johnson v. United States
18-8717 Hanoi Barbaro Acosta v. United States Ninth Circuit 2019-04-08 Denied Response WaivedIFP 28-usc-2244 actual-innocence certificate-of-appealability due-process federal-petitioner federal-procedure habeas-corpus judicial-proceedings slack-v-mcdaniel Does the blanket denial of a certificate of appealability by the district court violate the rule announced in Slack v. McDaniel?
18-8727 Corey Wiggins v. Stanley Payne, Warden Eighth Circuit 2019-04-08 Denied IFP certificate-of-appealability constitutional-rights criminal-procedure failure-to-investigate habeas-claim habeas-corpus ineffective-assistance ineffective-assistance-of-counsel second-degree-murder sixth-amendment voluntary-manslaughter Whether the Eighth Circuit Court of Appeals erred in refusing to grant a certificate of appealability
18-8680 George Rahsaan Brooks v. Tom McGinley, Superintendent, State Correctional Institution at Coal Township Third Circuit 2019-04-03 Dismissed IFP actual-innocence aedpa aedpa-standard certificate-of-appealability constitutional-claims habeas-corpus ineffective-assistance ineffective-assistance-of-counsel retroactive-precedent retroactivity rule-60(b) rule-60b subject-matter-jurisdiction Whether the decision of McQuiggin v. Perkins applies retroactively
18-8685 Ervin Thomas v. Cathy A. Jess, Warden Seventh Circuit 2019-04-03 Denied Response WaivedIFP 28-usc-2254 certificate-of-appealability civil-rights constitutional-rights due-process extraordinary-circumstances federal-district-court habeas-corpus pleading-standards pro-se pro-se-litigant pro-se-litigation standing time-bar Whether a federal district court should deny petitioners petitions for a writ of habeas corpus as untimely and failed to issue a certificate of appeal…
18-8695 Deontray Vershon Tate v. Jeff Titus, Warden Eighth Circuit 2019-04-03 Denied Response WaivedIFP 28-usc-2253 certificate-of-appealability federal-court habeas-corpus procedural-grounds reasonable-jurists statutory-interpretation Whether a federal court may find that 'reasonable jurists would not disagree' about the denial of relief on procedural grounds where other courts have…
18-8642 DeJuan Leshae Hill v. United States Tenth Circuit 2019-04-01 Denied Response RequestedResponse WaivedRelisted (2)IFP 18-usc-1951 18-usc-924c 28-usc-2255 2nd-amendment 2nd-amendment-rights certificate-of-appealability criminal-procedure criminal-statute due-process federal-jurisdiction firearm-offense habeas-corpus hobbs-act post-conviction-relief sentencing tenth-circuit unconstitutionality Whether the Tenth Circuit erred in failing to address the unconstitutionality of use and carry of a firearm under 18 U.S.C. § 924(c) offenses, in rela…
18-8607 Johnnie Sterling v. Chuck Dwyer Eighth Circuit 2019-03-28 Denied IFP 14th-amendment 5th-amendment 8th-amendment actual-innocence antiterrorism-act antiterrorism-and-effective-death-penalty-act certificate-of-appealability constitutional-rights due-process ineffective-assistance manifest-injustice mixed-questions-of-law-and-fact procedural-due-process Should the Eighth Circuit Court of Appeals have granted the Certificate of Appealability?
18-1251 Sandy Annabi v. United States Second Circuit 2019-03-28 Denied Response Waived appellate-procedure appellate-review certificate-of-appealability civil-rights constitutional-claim constitutional-deprivation due-process habeas-corpus judicial-procedure legal-standard sentencing standing Whether petitioner has established a colorable claim of constitutional deprivation such that the Court of Appeals should have issued a certificate of …
18-8567 Rohan McDermott v. J. Soto, Warden Ninth Circuit 2019-03-26 Denied Response WaivedIFP actual-innocence certificate-of-appealability due-process evidentiary-exclusion felony-murder habeas-corpus post-conviction-relief post-trial-confession standard-of-review Did the panel so clearly misapprehend section 2253's modest standard as to call for summary reversal?
18-8527 Rene Rivera v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2019-03-25 Denied Response WaivedIFP certificate-of-appealability constitutional-rights due-process fair-trial foreign-born-national intellectual-disability language-barrier miller-el-v-cockrell post-conviction-counsel post-conviction-relief slack-v-mcdaniel standard-of-review Whether the courts applied the correct standard of review in denying petitioner's application for certificate of appealability
18-8534 Gino Carlucci v. United States Ninth Circuit 2019-03-22 Denied Response WaivedIFP certificate-of-appealability collateral-review criminal-procedure-retroactivity fifth-amendment ineffective-assistance-of-counsel marital-communications-privilege mccoy-v-louisiana ninth-circuit retroactive-application retroactivity Did the Ninth Circuit Court of Appeals err by failing to issue a C.0.A. to determine if McCoy v. Louisiana applies retroactively to cases on collatera…
18-8458 Oniel Winston Scarlett v. United States Eleventh Circuit 2019-03-20 Denied Response WaivedIFP 11th-circuit appellate-review buck-v-davis certificate-of-appealability certificate-of-appealability-coa due-process eleventh-circuit ineffective-assistance-of-counsel judicial-reasoning merits-analysis merits-review reasonable-jurist sentencing Should the Eleventh Circuit provide a sufficient explanation of its order denying a COA in order that a reasonable jurist could ensue its reasoning di…
18-8493 Jeremel Remymartin Smith v. United States Eleventh Circuit 2019-03-20 Denied Response WaivedIFP 18-usc-921 18-usc-922 appellate-review certificate-of-appealability constitutional-rights criminal-firearm-statute criminal-law-procedure due-process felon-in-possession firearms juvenile-delinquency juvenile-justice sentencing sentencing-procedure statutory-interpretation youthful-offender Whether a youthful offender conviction can be used for purposes of a felon-in-possession-of-a-firearm-and-ammunition statute
18-1222 Christopher Andre Vialva v. United States Fifth Circuit 2019-03-20 Denied capital-case certificate-of-appealability due-process federal-habeas federal-habeas-proceedings federal-procedure habeas-corpus integrity-of-proceedings judicial-misconduct rule-60(b) rule-60(b)(6) rule-60b successive-habeas-petition successive-petition Whether the Fifth Circuit erred in denying a Certificate of Appealability to review whether Petitioner's Rule 60(b)(6) motion challenging a procedural…
18-8464 Oscar Lamar Mims v. United States Eighth Circuit 2019-03-19 Denied Response WaivedIFP 2255-motion certificate-of-appealability commerce-clause habeas-corpus ineffective-assistance-of-counsel speedy-trial strategic-decision strickland-standard suspension-of-writ writ-of-review Does the Certificate of Appealability process weaken the efficacy of the Writ, either to the point of working a Suspension of the Writ or of making §2…
18-8440 Travis Trevino Runnels v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-03-18 Denied Relisted (2)IFP certificate-of-appealability circuit-court counsel-misconduct equitable-relief habeas-corpus ineffective-assistance-of-counsel procedural-default rule-60(b) rule-60b standard-of-review Whether certiorari should be granted when the circuit court improperly applied an 'overly rigid per se approach' in denying COA on petitioner's motion…
18-8410 Marshall Ray Miller v. Joseph L. McFadden, Warden Fourth Circuit 2019-03-14 Denied Response WaivedIFP certificate-of-appealability constitutional-rights criminal-procedure due-process effective-assistance-of-counsel fourth-circuit ineffective-assistance-of-counsel law-enforcement-statements personal-jurisdiction plea-agreement plea-bargaining sentencing Did the Fourth Circuit Court of Appeals err in not issuing a Certificate of Appealability where Petitioner demonstrated a substantial showing of a con…
18-8416 Patrick Neil Kinney v. Connie Horton, Warden Sixth Circuit 2019-03-13 Denied Response WaivedIFP certificate-of-appealability certificate-of-appealability-28-usc-2253 circuit-split conditions-of-confinement due-process habeas-corpus habeas-corpus-2241,due-process,circuit-split,certi habeas-corpus-28-usc-2241 liberty-interest prison-conditions prison-misconduct property-interest sixth-circuit Whether claims by prisoners challenging their conditions of confinement are cognizable in habeas corpus under 28 U.S.C. 2241
18-8421 Timothy M. Thomas v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2019-03-13 Denied IFP 28-usc-2254 abuse-of-discretion amendment certificate-of-appealability circuit-court-of-appeals district-court due-process exhaustion habeas-corpus habeas-corpus-28-usc-2254 habeas-corpus-amendment judicial-discretion law-of-the-case merits section-2254 slack-v-mcdaniel Did the circuit court of appeals err when it denied (COA) status on the point raised that the U.S. district court abused its discretion by not allowin…
18-8389 Marion Wilson, Jr. v. Benjamin Ford, Warden Eleventh Circuit 2019-03-12 Denied IFP 28-usc-2254 brain-damage capital-case capital-punishment certificate-of-appealability due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mitigating-evidence strickland-standard strickland-v-washington Whether trial counsel's ineffective assistance in failing to investigate and present mitigating evidence of the defendant's difficult childhood and fr…
18-8345 Gary Lakey v. United States Eleventh Circuit 2019-03-08 Denied Response WaivedIFP 2255-motion appellate-review certificate-of-appealability due-process eleventh-circuit evidentiary-hearing habeas-corpus indictment judicial-procedure jurisdiction Did the Eleventh Circuit decide an appeal without jurisdiction when it denied a Certificate of Appealability (COA) on all issues on the basis that the…
18-8358 Joel S. Elliott v. United States Tenth Circuit 2019-03-08 Denied Response WaivedIFP appeals appellate-procedure brief-denial certificate-of-appealability circuit-court-review civil-procedure civil-rights due-process federal-rules-of-evidence judicial-discretion jurisdiction merits standing Did the Circuit Court err when it denied in part the appellants Combined Opening Brief and Application for Certificate of Appealability on the merits?
18-8321 Noah Richard Lovell, III v. Noah Nagy, Warden Sixth Circuit 2019-03-07 Denied Response WaivedIFP actual-innocence aedpa aedpa-deference certificate-of-appealability civil-rights constitutional-violation due-process free-standing-innocence-claim habeas-corpus innocence judicial-review signing-statement standing supreme-court teague-v-lane Should the Sixth Circuit have granted a certificate of appealability on the question of whether a free standing claim of innocence is a constitutional…
18-8336 London Ettione Dunbar v. United States Sixth Circuit 2019-03-07 Denied Response WaivedIFP appellate-procedure certificate-of-appealability constitutional-interpretation due-process habeas-corpus judicial-review miller-el-precedent miller-el-v-cockrell standard-of-review stare-decisis Should this court grant this petition to determine whether the lower court's refusal to issue a certificate of appealability is at conflict with this …
18-8276 Derek Sample v. Steven Johnson, Administrator, New Jersey State Prison Third Circuit 2019-03-06 Denied IFP certificate-of-appealability constitutional-violations criminal-procedure due-process due-process,fair-trial,impartial-jury,lesser-inclu fair-trial impartial-jury ineffective-assistance-of-counsel jury-instructions lesser-included-offense right-to-be-present trial-rights Whether the Third Circuit Court of Appeals Erred in Denying Petitioner a Certificate of Appealability
18-8296 Keith Alexander v. Robert Gilmore, Superintendent, State Correctional Institution at Greene Third Circuit 2019-03-06 Denied IFP actual-innocence brady-violation certificate-of-appealability civil-rights constitutional-violation due-process habeas-corpus newly-discovered-evidence pro-se-petition reasonable-doubt standing third-circuit-review Whether the Third Circuit was in error in not issuing a Certificate of Appealability on the merits of Pro Se petitioner's arguments
18-1158 Jarrod Taylor v. Jefferson S. Dunn, Commissioner, Alabama Department of Corrections Eleventh Circuit 2019-03-06 Denied Amici (1) appeals brady-violation certificate-of-appealability constitutional-law criminal-procedure due-process eleventh-circuit evidence habeas-corpus ineffective-assistance-of-counsel judicial-review jury-bias prosecutorial-misconduct trial-procedure Jarrod Taylor's habeas corpus claims challenging the State's concealment of evidence during his trial
18-8233 Calvin J. Reid v. United States Sixth Circuit 2019-03-05 Denied Response WaivedIFP §2255-motion 18-usc-4241 certificate-of-appealability circuit-split competency-hearing criminal-procedure criminal-procedure-appeal due-process ineffective-assistance mental-competency mental-illness right-to-counsel standards-of-review Whether the Sixth Circuit Court of Appeals has misapplied the standards set forth in Miller-El v. Cockrell and Buck v. Davis
18-8282 Jason Andrew Wright v. Oregon Ninth Circuit 2019-03-05 Denied Response WaivedIFP appellate-review certificate-of-appealability due-process habeas-corpus ineffective-assistance-of-counsel judicial-discretion sixth-amendment strickland-standard strickland-v-washington Did the Court of Appeals err in denying a certificate of appealability on the petitioner's claim which was brought pursuant to Strickland v. Washingto…
18-8251 Zachariah Joel Peterson v. Jay Cassady, Warden Eighth Circuit 2019-03-04 Denied IFP certificate-of-appealability criminal-procedure due-process eighth-circuit felony-murder habeas-corpus ineffective-assistance ineffective-assistance-of-counsel insufficient-evidence jury-instruction jury-instructions standard-of-review Whether the Eighth Circuit court of Appeals abused its discretion in denying petitioner a COA on his claim on insufficient evidence
18-8259 Nickie Thomas Gray, Jr. v. United States Sixth Circuit 2019-03-04 Denied Response WaivedIFP buck-v-davis certificate-of-appealability civil-rights debatable-standard due-process fourth-amendment habeas-corpus ineffective-assistance-of-counsel jurist-of-reason law-enforcement sixth-amendment sixth-circuit Was the Sixth Circuit's denial of a certificate of appealability erroneous?
18-8261 Cordell Berry v. United States Fourth Circuit 2019-03-04 Denied Response WaivedIFP career-offender career-offender-enhancement certificate-of-appealability collateral-review federal-rules-civil-procedure legal-error mathis-retroactivity mathis-v-united-states procedural-reasonableness rule-59-motion sentencing-guidelines sentencing-guidelines-4b1.1 sentencing-guidelines-enhancement sentencing-guidelines-miscalculation Whether the court of appeals committed clear legal error when it denied a certificate of appealability (COA), on my challenge to the application of a …
18-8220 In Re Damon Graham 2019-03-01 Denied Response WaivedIFP adequate-relief appellate-jurisdiction certificate-of-appealability court-of-appeals discretionary-powers due-process exceptional-circumstances Whether the First Circuit Court of Appeals erred in failing to promptly decide Mr. Graham's certificate of appealability
18-8227 Bodey Cook v. Illinois Illinois 2019-03-01 Denied IFP abuse-of-discretion antiterrorism-and-effective-death-penalty-act appellate-review certificate-of-appealability criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel post-conviction-relief Whether the Supreme Court erred in denying the petitioner's request for discretionary review under the Antiterrorism and Effective Death Penalty Act (…
18-8159 Phillip Camillo-Amisano v. United States Fifth Circuit 2019-02-27 Denied Response WaivedIFP 28-usc-2255 certificate-of-appealability constitutional-crisis constitutional-violation due-process fifth-circuit habeas-corpus ineffective-assistance-of-counsel miscarriage-of-justice strickland-standard supreme-court Did the Court of Appeals for the Fifth Circuit improperly deny a Certificate of Appealability (COA), violating due process in a manner that conflicts …
18-8061 Philip Andra Grigsby v. Juan Baltazar, Jr., Warden Tenth Circuit 2019-02-25 Dismissed Response WaivedRelisted (3)IFP appellate-review certificate-of-appealability civil-procedure court-of-appeals due-process fact-finding habeas-corpus judicial-review procedural-due-process standard-of-review tenth-circuit Has the Court of Appeals for the Tenth Circuit failed to consider all relevant facts prior to denying a Certificate of Appealability?
18-8089 Lattrell Anthony Morris v. United States Eighth Circuit 2019-02-22 Denied Response WaivedIFP appeals certificate-of-appealability civil-rights constitutional-due-process court-of-appeals due-process federal-courts gvr habeas-corpus procedural-review rule-60b standing summary-denial summary-disposition Whether the Certificate of Appealability standard can be consistently applied when petitioners are denied relief under Rule 60(b)
18-8094 Eric Gros v. Jason Kent, Warden Fifth Circuit 2019-02-22 Denied Response WaivedIFP certificate-of-appealability civil-rights comity comity-principle due-process exhaustion-of-remedies exhaustion-of-state-remedies fifth-circuit finality habeas-corpus habeas-corpus-petition judicial-review magistrate-judge report-and-recommendation state-remedies Whether the Magistrate Judge for the U.S. Eastern District Court of Louisiana erred when he issued a Report and Recommendation recommending that the p…
18-8104 Robert William Frazier v. United States Eleventh Circuit 2019-02-22 Denied Response WaivedIFP certificate-of-appealability circuit-justice civil-rights constitutional-rights constitutional-screening due-process habeas-corpus judicial-review merits-analysis procedural-standard standard-of-review supreme-court-precedent Whether the circuit justice supplanted the COA screening procedure with a merits analysis
18-8112 Floyd Andrew Brown, Jr. v. United States Sixth Circuit 2019-02-22 Denied Response WaivedRelisted (2)IFP appellate-review certificate-of-appealability civil-rights constitutional-issues constitutional-review due-process habeas-corpus judicial-procedure merit-standard reasonable-jurists section-2255 standard-of-review standing Should the judgment be vacated and remanded in light of Buck v. Davis?
18-8115 Kenny Daniel Barrios v. United States Eighth Circuit 2019-02-22 Denied Response WaivedIFP 28-usc-2255 certificate-of-appealability evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel plea-agreement sentencing-guidelines sixth-amendment type-c-plea Whether the failure of counsel to object to inaccurately calculated Sentencing Guidelines is ineffective assistance of counsel
18-1103 Paul Ross Evans v. United States Fifth Circuit 2019-02-22 Denied Response WaivedRelisted (2) 28-usc-2255 certificate-of-appealability choice-of-counsel civil-rights due-process effective-assistance habeas-corpus ineffective-assistance judicial-review prosecutorial-misconduct right-to-counsel standing Whether the right to choice of counsel or effective assistance is violated when counsel is appointed to represent fewer claims than the Government is …
18-1087 Javier Chavez v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-02-21 Denied access-to-courts attorney-abandonment attorney-death certificate-of-appealability civil-procedure court-access due-process equitable-tolling filing-deadline legal-malpractice pro-se Should the Fifth Circuit have granted a Certificate of Appealability on equitable tolling when Petitioner's retained lawyer died and no one could find…
18-8040 Quinton Bannister v. United States Eleventh Circuit 2019-02-21 Denied Response WaivedIFP 18-usc-924c certificate-of-appealability crime-of-violence dimaya-standard due-process elements-clause johnson-doctrine johnson-v-united-states ovalles-v-united-states section-924c sessions-v-dimaya Whether the Eleventh Circuit erred in denying a certificate of appealability by relying on Ovalles v. United States
18-8042 Aaron Maurice Blaylock, aka Stephan Blaylock v. United States Eighth Circuit 2019-02-21 Denied Response WaivedIFP 18-U.S.C-924(c)(3)(B) 18-usc-924(c)(3)(B) 18-usc-924c 28-usc-2255 certificate-of-appealability constitutional-challenge due-process habeas-corpus johnson-v-united-states motion-to-vacate residual-clause unconstitutional Should a certificate of appealability have issued after the district court denied as untimely a 28-U.S.C-2255-motion
18-8056 Ronald Glick v. Jeff Premo, Superintendent, Oregon State Penitentiary Ninth Circuit 2019-02-21 Denied Response WaivedIFP certificate-of-appealability civil-rights due-process equitable-tolling habeas-corpus ineffective-assistance post-conviction-relief professional-conduct remand sixth-amendment statute-of-limitations Whether petitioner's request for equitable tolling of the statute of limitations period meets the statutory requirement for the issuance of a certific…
18-8019 Bryan Austin v. United States Eighth Circuit 2019-02-20 Denied Response WaivedIFP appeal certificate-of-appealability circuit-court circuit-split coa congress constitutional-claims due-process habeas-corpus sixth-amendment Whether the determination by the Eighth Circuit Court of Appeals with respect to Petitioner's COA application improperly deviated from the mandates of…
18-8036 Edmund Boyle v. United States Second Circuit 2019-02-20 Denied Response WaivedIFP 28-usc-2255 brady-violation certificate-of-appealability due-process habeas-corpus judicial-review perjury prosecutorial-misconduct Whether a court of appeals should remand a habeas action where the lower court fails to fully adjudicate the underlying habeas claims on the merits an…
18-8017 Jacoby Kindred v. Jeff Titus, Warden Eighth Circuit 2019-02-19 Denied IFP barefoot-standard barefoot-v-estelle certificate-of-appealability district-court due-process federal-courts habeas habeas-corpus procedural-default procedural-grounds slack-standard slack-v-mcdaniel standard-of-review Whether district courts can employ the Barefoot v. Estelle standard instead of the Slack v. McDaniel analysis when determining whether to issue a cert…
18-7958 John Lohmeier v. United States Seventh Circuit 2019-02-14 Denied Response WaivedIFP certificate-of-appealability constitutional-rights criminal-procedure guilty-plea ineffective-assistance ineffective-assistance-of-counsel plea-bargaining statute-of-limitations strickland-standard strickland-v-washington Was Petitioner's plea of guilty knowingly and voluntarily entered?
18-7975 William Krisstofer Wolf v. United States Ninth Circuit 2019-02-14 Denied Response WaivedIFP certificate-of-appealability constitutional-rights due-process evidentiary-hearing fifth-amendment ineffective-assistance ineffective-assistance-of-counsel perjury perjury-subornation prosecutorial-misconduct sixth-amendment Whether the Ninth Circuit's decision now conflicts with this court's long standing rulings on the known and willing use of perjury of material fact, t…
18-7943 Robert David Watson v. United States Fifth Circuit 2019-02-13 Denied Response WaivedIFP 28-usc-2255 certificate-of-appealability collateral-review luis-v-united-states new-rule retroactivity section-2255 supreme-court-rule teague-analysis teague-v-lane Whether Luis v. United States is retroactively applicable to cases on collateral review
18-7952 Stanley D. Partman, aka Goat v. United States Fourth Circuit 2019-02-13 Denied Response WaivedIFP 28-usc-2253 appellate-procedure certificate-of-appealability constitutional-vagueness due-process fourth-circuit habeas-corpus jurisdiction jurisdictional-requirements standard-of-review unconstitutionally-vague Is the Fourth Circuit Court of Appeal's Standard of Determination for Issuance of a Certificate of Appealability in Essence Decides an Appeal Without …
18-7954 Stephen Blanton v. Harold W. Clarke, Director, Virginia Department of Corrections Fourth Circuit 2019-02-13 Denied Response WaivedIFP 14th-amendment certificate-of-appealability constitutional-challenge due-process equal-protection habeas-corpus jurisdictional-claim procedural-default slayton-v-parrigan Whether the Slayton rule bars federal habeas relief for a jurisdictional claim
18-7921 James Howard Looman, III v. United States Fifth Circuit 2019-02-12 Denied Response WaivedIFP appeals appellate-procedure appellate-review certificate-of-appealability civil-procedure due-process F.R.A.P.-Rule-22(b) federal-courts federal-rules-of-appellate-procedure fifth-circuit habeas-corpus judicial-review standing statutory-interpretation Did the Fifth Circuit err when it refused to apply 28 U.S.C. §2253(c) and F.R.A.P. Rule 22(b) and follow this Court's commands regarding review of app…
18-7929 Robert L. Burns, Jr. v. Tim Shoop, Warden Sixth Circuit 2019-02-12 Denied Response WaivedIFP appeals appellate-procedure certificate-of-appealability circuit-court circuit-court-conflict civil-procedure due-process habeas-corpus judicial-review procedural-error sixth-circuit standing united-states-supreme-court Are the sixth Circuit Court of Appeals in conflict with the United States Supreme Court, and other Circuit Courts by denning a Certificate of Appealab…
18-7872 Steven Torres v. Randee Rewerts, Warden Sixth Circuit 2019-02-08 Denied Response WaivedIFP appeal certificate-of-appealability constitutional-rights guidelines habeas-corpus judicial-discretion sentencing sentencing-guidelines sixth-circuit upward-departure Did the United States District Court for the Eastern District of Michigan and the United States Court of Appeals for the Sixth Circuit erroneously den…
18-7810 James Traxler v. Sherry Burt, Warden Sixth Circuit 2019-02-07 Denied Response WaivedIFP certificate-of-appealability habeas-corpus ineffective-assistance ineffective-assistance-of-counsel merits-analysis merits-review sixth-circuit strickland-standard strickland-v-washington Whether the Sixth Circuit's inquiry in denying petitioner's motion for certificate of appealability was coextensive with a merits analysis
18-7814 William E. Brown v. United States Eighth Circuit 2019-02-07 Denied Response WaivedIFP certificate-of-appealability civil-procedure civil-rights drug-quantity due-process eighth-circuit equal-protection ineffective-assistance plea-bargaining standing strickland-standard takings Whether the lower court erred in dismissing petitioner's claims for lack of standing and failure to state a claim upon which relief can be granted
18-7824 John C. Killingbeck v. United States Second Circuit 2019-02-07 Denied Response WaivedRelisted (2)IFP certificate-of-appealability civil-rights computer-search digital-privacy due-process first-amendment free-speech government-search internet-forums internet-speech interstate-commerce prosecution search-and-seizure standing title-28-usc Whether the government can investigate and search a private citizen's computer and storage devices for allegedly illegal speech content obtained throu…
18-7833 Jerome Hayes v. United States Eleventh Circuit 2019-02-07 Denied Relisted (4)IFP begay begay-v-united-states categorical-approach certificate-of-appealability circuit-split criminal-statute mens-rea serious-drug-offense staples staples-v-united-states strict-liability Is a post-2002 conviction for sale of cocaine or possession of cocaine with intent to sell in violation of Fla. Stat. § 893.13 a 'serious drug offense…
18-7840 Tommie H. Telfair v. United States Third Circuit 2019-02-07 Denied Response WaivedIFP dismissal-without-merits due-process miranda-v-arizona right-to-remain-silent wiggins-v-smith certificate-of-appealability due-process fundamental-rights judicial-discretion merits-review miranda-rights miranda-v-arizona right-to-remain-silent right-to-silence wiggins-v-smith Whether the lower courts abused their discretion in denying petitioner a certificate of appealability
18-7841 Adekunle Olufemi Adetiloye v. United States Eighth Circuit 2019-02-07 Denied Response WaivedIFP 28-usc-2253 appellate-procedure appellate-review certificate-of-appealability district-court-files due-process habeas-corpus legal-standard standard-of-review substantial-showing-standard threshold-inquiry Whether a court of appeals can deny a certificate of appealablity without conducting the prerequisite 28 U.S.C 2253(c)(2) threshold inquiry, two-compo…
18-7843 Patrick K. Gibson v. Jeri Boe, Superintendent, Clallam Bay Corrections Center Ninth Circuit 2019-02-07 Denied Response WaivedIFP certificate-of-appealability constitutional-rights due-process fair-trial fourteenth-amendment judicial-proceedings judicial-review ninth-circuit sixth-amendment Did the Ninth Circuit Court of Appeals error in denying a Certificate of Appealability?
18-7801 Calvin Fitzgerald Tannehill v. United States Eleventh Circuit 2019-02-06 Denied Response WaivedIFP armed-career-criminal-act certificate-of-appealability criminal-procedure habeas-corpus johnson-precedent johnson-v-united-states residual-clause section-2255 sentencing sentencing-enhancement Whether the Eleventh Circuit misapplied this Court's precedents by denying a certificate of appealability on whether Mr. Tannehill's § 2255 claim reli…
18-7760 Geoffrey A. Gish v. United States Eleventh Circuit 2019-02-05 Denied Response WaivedIFP §-2255-motion appellate-review certificate-of-appealability due-process evidentiary-hearing habeas-corpus ineffective-assistance-of-counsel merits-assessment plea-bargaining procedural-default statute-constitutionality subject-matter-jurisdiction Did the Eleventh Circuit exceed its subject-matter jurisdiction by denying a certificate of appealability based on its assessment of the underlying cl…
18-7733 Tyrone Justin Cowan v. Debbie Asuncion, Warden Ninth Circuit 2019-02-04 Denied IFP appeals certificate-of-appealability criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel miranda-rights ninth-circuit right-to-counsel Did the Court of Appeals err in denying a certificate of appealability and in evaluating petitioner's claims
18-7740 Esequiel Joel Rodriguez v. United States Fifth Circuit 2019-02-04 Denied Response WaivedIFP acceptance-of-responsibility certificate-of-appealability due-process government-breach ineffective-assistance ineffective-assistance-of-counsel plea-agreement sentencing-enhancement sixth-amendment Whether it was error to deny Rodriguez a Certificate of Appealability to pursue his Sixth Amendment claim on appeal
18-7741 Robert Sills v. United States Eighth Circuit 2019-02-04 Denied Response WaivedIFP appellate-procedure buck-v-davis certificate-of-appealability civil-procedure due-process habeas-corpus judicial-discretion merits-adjudication merits-review Whether the Court of Appeals' denial of the petitioner's request for a certificate of appealability (COA) was improper"
18-7747 Jae Yung Kim v. Debbie Asuncion, Warden Ninth Circuit 2019-02-04 Denied IFP actual-innocence certificate-of-appealability civil-procedure due-process equitable-tolling federal-habeas-proceedings habeas-corpus ninth-circuit substantial-showing Did the Ninth Circuit misapply the standard for the issuance of a certificate of appealability (COA)"
18-7748 James Freeman v. United States Eleventh Circuit 2019-02-04 Denied Response WaivedIFP 28-usc-2253 certificate-of-appealability COA due-process Eleventh-Circuit habeas-corpus ineffective-assistance-of-counsel merits procedural-claims section-2255 sentencing substantive-claims underlying-2255-claims Did the Eleventh Circuit exceed the limited scope of 28 USC §2253, the Certificate of Appealability (COA) statute, by deciding Petitioner's underlying…
18-7712 Andre Mims v. United States Eleventh Circuit 2019-02-01 Denied Response WaivedIFP 18-usc-924 certificate-of-appealability circuit-precedent constitutional-interpretation crime-of-violence criminal-law due-process hobbs-act-robbery johnson-v-united-states sessions-v-dimaya statutory-vagueness vagueness Is the definition of 'crime of violence' in 18 U.S.C. § 924(c)(3)(B) unconstitutionally vague?
18-7688 Vincent Johnson v. United States Court of Appeals for the Sixth Circuit Sixth Circuit 2019-01-31 Denied IFP appeal-proceedings appellate-procedure certificate-of-appealability civil-procedure coa-process due-process federal-appeals integrity-of-proceedings integrity-of-process judicial-review procedural-motion rule-60(b) rule-60b standing Whether a R. 60(b) motion can be first presented at the Federal Appeals level to attack a defect in the integrity of the COA process of the appeal pro…
18-7656 Armando Garcia v. United States Eleventh Circuit 2019-01-30 Denied Response WaivedIFP aedpa certificate-of-appealability coa coa-standard due-process evidentiary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel rule-60b Whether a District court deprives a habeas corpus petitioner of his Constitutional rights to Due Process
18-7676 Louis Hill v. Cynthia Link, Superintendent, State Correctional Institution at Graterford, et al. Third Circuit 2019-01-30 Denied IFP certificate-of-appealability civil-rights constitutional-law constitutional-rights due-process habeas-corpus legal-error reasonable-jurists standard-of-review standing substantial-showing third-circuit Does the Third Circuit Court of Appeals denial of a Certificate of Appealability in the instant matter constitute legal error given it is debatable am…
18-994 Dirk Williams v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2019-01-30 Denied Response Waived 28-usc-2253 28-usc-2254 certificate-of-appealability criminal-appeal due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel physical-helplessness physically-helpless toxicologist toxicology toxicology-testimony 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…
18-7631 Jerry Haley v. Blair Leibach, Warden Sixth Circuit 2019-01-29 Denied IFP certificate-of-appealability habeas-corpus ineffective-assistance ineffective-assistance-of-counsel martinez-rule martinez-v-ryan post-conviction-counsel post-conviction-proceedings procedural-default trevino-v-thaler Whether the United States District Court decision that Mr. Haley cannot establish cause to excuse the procedural default of his substantial claims of …
18-7597 Carlos E. Ponce v. D. Baughman, Warden Ninth Circuit 2019-01-28 Denied IFP appellate-procedure certificate-of-appealability civil-rights constitutional-rights due-process eighth-circuit-court-of-appeals fourteenth-amendment habeas-corpus ineffective-assistance-of-counsel prima-facie-showing sixth-amendment Whether the Ninth Circuit Court of Appeals erred in denying the issuance of a certificate of appealability based on the decision that the petitioner d…
18-7603 Raymond Zayas v. Jamey Luther, Superintendent, State Correctional Institution at Laurel Highlands, et al. Third Circuit 2019-01-28 Denied IFP certificate-of-appealability civil-rights crawford-claim due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel martinez-exception martinez-v-ryan procedural-default sixth-amendment Whether this Court should vacate the Third Circuit's Order denying a Certificate of Appealability and remand so the Third Circuit can apply Martinez-v…
18-977 John A. Anderson v. John F. Walrath, Warden Fourth Circuit 2019-01-28 Denied Response Waived appellate-review certificate-of-appealability habeas-petition judicial-precedent judicial-proceedings stare-decisis supervisory-power supreme-court-rule supreme-court-rule-10(a) Where the United States District Court for the Western District of Virginia concluded that reasonable jurists could disagree on the fundamental legal …
18-7587 Biven Hudson v. United States Eleventh Circuit 2019-01-25 Denied Response WaivedIFP 11th-circuit 28-usc-2255 certificate-of-appealability district-court eleventh-circuit magistrate-court mandatory-minimum minimum-mandatory-enhancement reasonable-jurists sentencing-enhancement sentencing-review Whether the appellate court erred in denying Mr. Hudson's motion for certificate of appealability
18-7567 Ron Collins v. United States Seventh Circuit 2019-01-24 Denied Response WaivedIFP certificate-of-appealability criminal-procedure due-process eighth-amendment fair-sentencing-act ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct sentencing sentencing-guidelines Whether the court of appeals erred in denying petitioner's application for a certificate of appealability
18-7517 Donelle L. Johnson v. Jennifer McDermott, Warden Seventh Circuit 2019-01-23 Denied Response WaivedIFP appeals appellate-procedure appellate-review certificate-of-appealability civil-procedure civil-rights court-of-appeals due-process federal-courts habeas-corpus judicial-procedure legal-standard prisoner-rights procedural-rights Did the United States Court of Appeals err in denying Mr. Johnson a certificate of appealability?
18-7421 Torrence Allen v. United States Eleventh Circuit 2019-01-15 Denied Response WaivedIFP 28-usc-2255 career-offender career-offender-provision certificate-of-appealability constitutional-vagueness criminal-procedure habeas-corpus johnson-retroactivity johnson-v-united-states mandatory-guidelines mandatory-sentencing-guidelines retroactivity retroactivity-of-supreme-court-decisions sentencing sentencing-guidelines vagueness Whether Johnson v. United States applies retroactively to a 28 U.S.C. § 2255 motion
18-7434 Christopher Adin Graham v. United States Ninth Circuit 2019-01-15 Denied Response WaivedIFP 28-usc-2253 appellate-procedure certificate-of-appealability closing-argument counsel-claims due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-review legal-standard prejudice testimony Whether the court of appeals correctly denied petitioner a certificate of appealability under 28 U.S.C. 2253(c) on his ineffective-assistance-of-couns…
18-7436 Jeffrey Nicholas Aase v. Paul Schnell, Commissioner, Minnesota Department of Corrections Eighth Circuit 2019-01-15 Denied Response WaivedIFP certificate-of-appealability conflict-of-interest criminal-defense cuyler-v-sullivan federal-law ineffective-assistance ineffective-assistance-of-counsel judicial-integrity prosecutorial-ethics right-to-counsel structural-error Did the Court of Appeals for the 8th Circuit err in not issuing a Certificate of Appealability?
18-7335 Alonzo Alexander McKay v. Harold W. Clarke, Director, Virginia Department of Corrections Fourth Circuit 2019-01-10 Denied IFP appellate-procedure certificate-of-appealability constitutional-review due-process fourth-circuit habeas-corpus ineffective-assistance-of-counsel missouri-v-frye supreme-court-precedent Did the United States Court of Appeals for the Fourth Circuit err by denying a Certificate of Appealability (COA), due to its exceeding the scope of t…
18-7358 Aaron Ford v. United States Eleventh Circuit 2019-01-10 Denied Response WaivedIFP career-offender certificate-of-appealability criminal-procedure criminal-procedure-28-usc-2255,ineffective-counsel ineffective-assistance ineffective-assistance-of-counsel plain-error presentence-investigation-report section-2255-motion sentencing Whether the Eleventh Circuit Court of Appeals erred in denying to issue a certificate of appealability to review Petitioner's denied motion under 28 U…
18-7310 Kadeem Thomas v. United States Third Circuit 2019-01-08 Denied Response WaivedIFP alleyne-ruling alleyne-v-united-states appellate-procedure certificate-of-appealability direct-review habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jurist-standard retroactivity Should the district court judge issue or deny a certificate of appealability
18-7236 Dwayne Stoutamire v. Christopher La Rose, Warden Sixth Circuit 2019-01-07 Denied Response WaivedRelisted (2)IFP alternative-grounds appellate-review certificate-of-appealability civil-procedure clear-error-of-findings-of-fact district-court-discretion federal-civil-procedure federal-civil-rule-60(b) federal-civil-rule-60(d) federal-rules-of-civil-procedure findings-of-fact habeas-corpus rule-60 Do a Habeas Corpus petitioner need to obtain a Certificate of Appealability(COA) from the denial of a federal civil rule 60(b) and (d)?
18-7274 Reginald L. Spears, aka RLS Ar Abdul Aziz v. United States Fifth Circuit 2019-01-07 Denied Response WaivedIFP appellate-procedure bias certificate-of-appealability due-process fifth-circuit impartial-judge judicial-bias procedural-error strawman-argument Whether the Fifth Circuit Court of Appeals introduced and attacked a strawman argument as a basis to deny appellant a COA, and whether this violates d…
18-7222 Winifred Jiau v. United States Second Circuit 2019-01-04 Denied Response WaivedIFP 28-usc-2253 certificate-of-appealability constitutional-claims due-process habeas-corpus insider-trading jury-instruction jury-instructions statutory-interpretation Whether a prisoner must prove that some jurists would grant habeas corpus
18-848 Courtney Valle Bisbee v. Charles L. Ryan, Director, Arizona Department of Corrections, et al. Ninth Circuit 2019-01-04 Denied actual-innocence certificate-of-appealability constitutional-claims evidentiary-hearing habeas-corpus habeas-review ineffective-assistance ineffective-assistance-of-counsel jury-trial sixth-amendment Whether Petitioner is entitled to an evidentiary hearing on her ineffective assistance of counsel claim
18-7212 Anthony Ray Dailey v. United States Fifth Circuit 2019-01-02 Denied Response WaivedIFP 28-usc-2255 castro-v-united-states certificate-of-appealability collateral-review habeas-corpus habeas-corpus-review panetti-v-quarterman procedural-due-process retroactivity second-and-successive-petitions section-2255 supreme-court-precedent united-states-v-mathis Whether the U.S. District and Appellate Courts violated Castro v. United States, 124 S.Ct., by refusing to issue a Certificate of Appealability
18-7216 Jason Duhamel v. Michelle Miller, Warden Sixth Circuit 2019-01-02 Denied Response WaivedIFP 8th-amendment affidavit appellate-review buck-v-davis certificate-of-appealability civil-procedure civil-rights death-penalty declaration due-process habeas-corpus in-forma-pauperis intellectual-disability miller-el-standard poverty redress sixth-circuit threshold-merits Whether the Eighth Amendment's prohibition on cruel and unusual punishment prohibits the execution of a prisoner who was intellectually disabled at th…
18-7168 Michael Deontray Williams v. J. Soto, Warden Ninth Circuit 2018-12-26 Denied IFP actual-innocence certificate-of-appealability constitutional-interpretation federal-habeas habeas-corpus herrera-v-collins ninth-circuit non-capital standard-for-granting-coa substantive-innocence-claims supreme-court-precedent Whether a claim of actual innocence is cognizable in federal habeas
18-7131 Andreco Lott v. United States Fifth Circuit 2018-12-19 Denied Response WaivedIFP appeals appellate-procedure certificate-of-appealability civil-procedure constitutional-right constitutional-rights due-process habeas-corpus judicial-review legal-standard procedural-fairness standard-of-review standing Whether the lower courts applied the correct legal standard at the certificate of appealability stage?
18-7081 Marlon Dantruce Williams v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2018-12-18 Denied IFP certificate-of-appealability constitutional-claims due-process false-testimony giglio giglio-v-united-states habeas-corpus habeas-corpus-review prosecutorial-misconduct slack-v-mcdaniel standing summary-judgment Whether Slack v. McDaniel requires a court of appeals to issue a certificate of appealability to a challenge a district court's holding that Giglio pe…
18-7048 Jimmy Lawrence Nance v. United States Fourth Circuit 2018-12-17 Dismissed Response WaivedIFP buck-v-davis certificate-of-appealability constitutional-rights due-process extraordinary-circumstances fourth-circuit habeas-corpus slack-v-mcdaniel Whether the Fourth Circuit Court of Appeals erred in denying a certificate of appealability
18-7059 John H. Rosky v. Quentin Byrne, Warden, et al. Ninth Circuit 2018-12-17 Denied IFP access-to-courts appeal appeals appellate-procedure certificate-of-appealability civil-procedure civil-rights district-court-review due-process habeas-corpus judicial-discretion procedural-due-process standing Whether the Court of Appeals for the Ninth Circuit erred in denying petitioner's due process rights and access to the courts
18-7045 Chris G. Gilkers v. Darrel Vannoy, Warden Fifth Circuit 2018-12-14 Denied IFP certificate-of-appealability due-process federal-habeas-proceedings fifth-circuit gonzalez-v-crosby habeas habeas-corpus rule-60(b) rule-60b successive-habeas successive-habeas-petition Proper-standard-for-Rule-60(b)-motion
18-753 Robert Stephen Couturier v. Presiding Judge, Superior Court of California, Los Angeles County, et al. Ninth Circuit 2018-12-12 Denied arrest-warrant bench-trial certificate-of-appealability due-process fair-trial fourteenth-amendment impartial-jury ineffective-assistance judicial-impartiality Did the 9th Circuit Court of Appeals error when it denied The Petitioner a Certificate of Appealability?
18-6983 Sholam Weiss v. United States Eleventh Circuit 2018-12-11 Denied Response WaivedIFP and a Certificate of Appealability should have is where the government had committed itself to pros adversary-system adverse-positions certificate-of-appealability criminal-procedure due-process grand-jury prosecutorial-commitment prosecutorial-discretion right-to-counsel Whether Mr. Weiss was denied his right to conflict-free counsel during grand jury proceedings
18-6992 Brandon Bernard v. United States Fifth Circuit 2018-12-11 Denied Amici (1)IFP certificate-of-appealability civil-rights death-penalty due-process federal-courts habeas-corpus ineffective-assistance-of-counsel judicial-bias judicial-misconduct judicial-misconduct-allegations standing Whether the Fifth Circuit erred in its reading of Gonzalez v. Crosby, allowing Rule 60(b) motions to remedy procedural defects in habeas proceedings
18-6996 Jonathan R. Curshen v. United States Eleventh Circuit 2018-12-11 Denied Response WaivedRelisted (2)IFP access-to-courts certificate-of-appealability due-process equal-protection ineffective-assistance ineffective-assistance-of-counsel sentencing-enhancement sentencing-guidelines Was the petitioner denied his substantial rights to access to the courts, due process, and equal protection, when the United States Court of Appeals f…
18-6898 Joseph C. Garcia v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2018-12-04 Denied IFP 18-u.s.c.-§-3599 18-usc-3599 certificate-of-appealability death-penalty federal-habeas-corpus habeas-corpus indigent-defendant ineffective-assistance-counsel ineffective-assistance-of-counsel rule-60(b)(6) rule-60b Whether the denial of meaningful representation required by 18 U.S.C. § 3599 may cause a defect in the integrity of federal habeas proceedings that ca…
18-6872 Seifullah Abdul-Salaam v. John E. Wetzel, Secretary, Pennsylvania Department of Corrections, et al. Third Circuit 2018-11-29 Denied Response WaivedIFP aedpa brady-rule brady-v-maryland brady-violation certificate-of-appealability due-process exculpatory-evidence exhaustion-of-remedies habeas-corpus habeas-corpus-review litigation-conduct nonexhaustion-defense state-post-conviction suppression-of-evidence Can a nonexhaustion defense be deemed expressly waived based on a party's litigation conduct?
18-6861 John Wilborn v. Kelly Ryan, Warden First Circuit 2018-11-28 Denied Response WaivedIFP actual-innocence actual-innocence-claim certificate-of-appealability constitutional-violation constitutional-violations due-process evidence-tampering evidence-withholding probable-cause probable-cause-transcript prosecutorial-misconduct Where John Wilborn made an actual innocence claim, did the Commonwealth violate John Wilborn's rights by withholding the probable cause transcript fro…
18-6819 Keith Tharpe v. Benjamin Ford, Warden Eleventh Circuit 2018-11-26 Denied Amici (1)Relisted (2)IFP certificate-of-appealability collateral-review death-penalty due-process equal-protection habeas-corpus juror-misconduct jury-selection pena-rodriguez racial-bias racial-bias-in-jury retroactivity Whether a juror's racial bias affected a death sentence
18-6831 David Errol Willock v. William Sperfslage, Warden Eighth Circuit 2018-11-26 Denied Response WaivedIFP 28-usc-2254 certificate-of-appealability direct-appeal habeas-corpus postconviction-relief remand rule-of-lenity statute-of-limitations Whether the correct calculation of the statute of limitations in a habeas corpus action under 28 USC 2254 where the petitioner has filed for state pos…
18-6778 DeAngelo Horn v. Julie L. Jones, Secretary, Florida Department of Corrections Eleventh Circuit 2018-11-21 Denied Response WaivedIFP certificate-of-appealability deficient-performance eleventh-circuit habeas-corpus ineffective-assistance-of-counsel prejudice reasonable-jurists standard-of-review statutory-interpretation Did the Eleventh Circuit reach beyond the threshold inquiry for a certificate of appealability and deny a COA based on the merits of the appeal?
18-6761 Tellis T. Williams v. United States Sixth Circuit 2018-11-20 Denied Response WaivedIFP advisory-sentencing-guidelines beckles-v-united-states career-offender-enhancement certificate-of-appealability certificate-of-appealability-coa due-process johnson-claim johnson-v-united-states sentencing-guidelines sixth-circuit vagueness-challenge Whether the Sixth Circuit's denial of Petitioner's COA was based on the merits of the appeal rather than whether reasonable jurists could debate the d…
18-6733 Laura Shauger v. United States Third Circuit 2018-11-19 Denied Response WaivedIFP 28-usc-2255 aba-standards-for-criminal-justice certificate-of-appealability circuit-courts-of-appeals district-court district-court-ruling ineffective-assistance ineffective-assistance-of-counsel reasonable-jurists section-2255 sentencing-counsel supreme-court-of-idaho third-circuit Whether rulings by the district court denying relief are debatable by jurists of reason if rulings by other courts in similar situations arguably supp…
18-633 Gary Jefferson Byrd v. United States Fifth Circuit 2018-11-15 Denied Response Waived appeals appellate-procedure certificate-of-appealability civil-rights constitutional-rights district-court district-court-summary-denial due-process fifth-circuit habeas-corpus judicial-discretion pro-se pro-se-litigant standing summary-denial Should a Certificate of Appealability (COA) be denied to a pro se litigant thus denying an appeal when the issue has been extensively researched and c…
18-6677 Clarence Darnell Marshall v. United States Eleventh Circuit 2018-11-13 Denied Response WaivedIFP 5th-amendment appeal booker-standard career-offender certificate-of-appealability due-process eleventh-circuit rule-of-lenity sentencing sentencing-guidelines vagueness Whether the Eleventh Circuit applied a heightened standard to the Defendant's request for Certificate of Appealability
18-6678 Jermeal White v. Charmaine Bracy, Warden, et al. Sixth Circuit 2018-11-13 Denied Response WaivedIFP appellate-procedure certificate-of-appealability civil-rights constitutional-rights criminal-procedure due-process evidence federal-courts habeas-corpus standing Whether the United States Court of Appeals for the Sixth Circuit erred in denying petitioner's Certificate of Appealability under the law
18-6622 Keeland Duralle Williams v. United States Fifth Circuit 2018-11-08 Denied Response WaivedIFP appellate-procedure certificate-of-appealability constitutional-review due-process federal-courts habeas-corpus judicial-review Whether a court of appeals is required to grant a habeas petitioner a COA when the question presented clearly is debatable by jurist of reason as demo…
18-6631 David Hollenback, Jr. v. Michael Clark, Superintendent, State Correctional Institution at Albion, et al. Third Circuit 2018-11-08 Denied IFP certificate-of-appealability civil-rights constitutional-rights due-process habeas-corpus ineffective-assistance-of-counsel ineffective-counsel jurisdiction miscarriage-of-justice state-conviction state-court-jurisdiction Did the Third Circuit Court of Appeals commit error by denying the petitioner a Certificate of Appealability
18-6637 Harold E. Grist, Jr. v. Terema Carlin, Warden Ninth Circuit 2018-11-08 Denied Response WaivedIFP 6th-amendment certificate-of-appealability confrontation-clause credibility due-process effective-assistance-of-counsel juror-misconduct jury-trial self-incrimination truthfulness Whether the Petitioner had a constitutional right to confront his accusers at trial and impeach them before a jury to challenge their credibility and …
18-6599 Horace Vonche Jordan v. United States Eleventh Circuit 2018-11-07 Denied Response WaivedIFP armed-career-criminal-act certificate-of-appealability collateral-review criminal-sentencing due-process mandatory-guidelines residual-clause retroactivity sentencing-guidelines vagueness vagueness-doctrine Whether USSG § 4B1.2(a)(2)'s residual clause is void for vagueness with respect to defendants sentenced under the pre-Booker mandatory Guidelines
18-6519 Mariano Alvarez v. United States Fifth Circuit 2018-10-31 Denied Response WaivedIFP certificate-of-appealability criminal-procedure ineffective-assistance ineffective-assistance-of-counsel judicial-discretion life-sentence mistrial plea-bargaining plea-negotiation recusal sentencing-guidelines Can doubts in granting a Certificate of Appealability (COA) be resolved in favor of the appellant when considering the severity of his life sentence?
18-6520 Jesus L. Arnett v. Patrick Covello, Acting Warden Ninth Circuit 2018-10-31 Denied IFP certificate-of-appealability constitutional-rights cruel-and-unusual-punishment due-process false-conviction forged-bills ineffective-assistance-of-counsel probable-cause sentencing speedy-trial speedy-trial-rights structural-error Should Petitioner be granted a Certificate of Appealability
18-6492 Pascual Rentas v. Julie L. Jones, Secretary, Florida Department of Corrections Eleventh Circuit 2018-10-29 Denied Response WaivedIFP certificate-of-appealability clearly-established-law due-process eleventh-circuit giglio giglio-standard habeas-corpus habeas-petition ineffective-assistance-of-counsel standard-of-review strickland strickland-standard supreme-court-law supreme-court-precedent Should the denial of Mr. Rentas' COA be reversed and reconsidered due to the recent ruling by this Court in Marion Wilson v. Eric Sellers, Warden 584 …
18-6454 Charles Nash v. Shawn Phillips, Warden Sixth Circuit 2018-10-26 Denied IFP certificate-of-appealability ineffective-assistance-of-counsel martinez-trevino martinez-v-ryan post-conviction-counsel post-conviction-relief procedural-default sixth-circuit-review trevino-v-thaler Whether a post-conviction attorney's failure to argue or present proof in support of raised substantial ineffective assistance of trial counsel claims…
18-6465 Jose Ricardo Yanez v. Ralph Diaz, Acting Secretary, California Department of Corrections and Rehabilitation Ninth Circuit 2018-10-26 Denied IFP aedpa-statute-of-limitations antiterrorism-and-effective-death-penalty-act certificate-of-appealability equitable-tolling evidentiary-hearing ineffective-assistance-of-counsel ninth-circuit-review ongoing-investigations pro-se pro-se-petition statute-of-limitations Whether an alternate triggering date of the Antiterrorism and Effective Death Penalty Act of 1996's 1-year statute of limitations, and equitable tolli…
18-6428 Roberto Gonzalez Delacruz v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2018-10-25 Denied IFP brady-violation certificate-of-appealability due-process due-process,habeas,materiality,scientific-evidence fifth-amendment fifth-circuit-review habeas habeas-corpus habeas-corpus-review materiality materiality-of-evidence materiality-standard prosecutorial-misconduct standard-of-review supreme-court-precedent Whether the United States Court of Appeals for the Fifth Circuit incorrectly denied a certificate of appealability
18-6435 John Rogers v. Darrel Vannoy, Warden Fifth Circuit 2018-10-25 Denied IFP certificate-of-appealability collateral-review constitutional-right-to-counsel direct-appeal due-process extraordinary-circumstances fifth-circuit ineffective-assistance-of-counsel right-to-counsel Whether the State of Louisiana stripped John Rogers of his Constitutional Right to Representation by counsel on his claim of 'ineffective assistance o…
18-6436 Jorge Cintron v. Tammy Ferguson, Superintendent, State Correctional Institution at Phoenix, et al. Third Circuit 2018-10-25 Denied Response WaivedIFP brady-violation certificate-of-appealability civil-rights constitutional-rights due-process habeas-corpus ineffective-assistance-of-counsel judicial-misconduct newly-discovered-evidence standing trial-procedure Did the Court of Appeals Erred in denying a Certificate of Appeability and in evaluating the claims under Brady violation
18-6400 Tarvares James Watson v. Julie L. Jones, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2018-10-23 Denied Response WaivedIFP certificate-of-appealability civil-procedure due-process eleventh-circuit extraordinary-circumstances federal-habeas-review habeas-corpus ineffective-assistance ineffective-assistance-of-counsel rule-60(b) rule-60b state-law state-law-procedural-principles state-procedural-law Whether the Eleventh Circuit abused its discretion in overlooking the relevant state law procedural principles underlying petitioner's constitutional …
18-6393 Omar Qazi v. Janice Killian, Warden, et al. Ninth Circuit 2018-10-22 Denied Response WaivedIFP 28-usc-2241 28-usc-2243 certificate-of-appealability civil-procedure district-court due-process federal-statute habeas-corpus judicial-procedure petition-dismissal standing Does 28 U.S.C. § 2243 authorize dismissal of a 2241 petition for failure to state a claim?
18-524 Eric D. Gathings v. United States Eighth Circuit 2018-10-19 Denied Response Waived appellate-review certificate-of-appealability certificate-of-appealability-coa due-process habeas-corpus judicial-review reasonable-jurists statutory-interpretation suspension-clause Was the appellate court's summary denial of a certificate of appealability (COA) reciting that it had 'carefully reviewed the original file of the dis…
18-6381 William B. Crockett, III v. Richard Brown, Superintendent, Wabash Valley Correctional Facility Seventh Circuit 2018-10-18 Denied Response WaivedIFP 28-usc-2253 appellate-procedure certificate-of-appealability constitutional-rights due-process habeas-corpus judicial-review standard-of-review threshold-inquiry Whether a court of appeals' unreasoned, one-page order summarily denying a certificate of appealability conflicts with relevant decisions of this Cour…
18-6350 Zavien Brand v. United States Eleventh Circuit 2018-10-17 Denied Response WaivedIFP actual-innocence appellate-review certificate-of-appealability due-process habeas-corpus ineffective-assistance-of-counsel plea-bargaining pro-se-petition section-2255 transcripts Whether the Eleventh Circuit Court of Appeals was compelled to consider the petitioner's subsequent pro se demonstration of actual innocence
18-6356 Earl Reyes v. Dale Artus Second Circuit 2018-10-17 Denied Response WaivedIFP abuse-of-discretion appellate-procedure certificate-of-appealability civil-procedure-appeal court-of-appeals federal-rules-of-appellate-procedure final-decision frap-rule-24 in-forma-pauperis indigent-appellant indigent-rights motion-to-vacate plain-error standing Whether the court of appeals abused its discretion Whether the court of appeals was correct to requir Whether it was plain error for a court of appeals to deny in forma pauperis relief to an indigent appellant
18-6332 Ricky Lee Stroble v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2018-10-16 Denied IFP actual-innocence appellate-procedure certificate-of-appealability due-process habeas-corpus ineffective-assistance-of-counsel procedural-default Does Actual Innocence excuse a failure to properly brief an appeal in a Certificate of Appealability proceeding?
18-6320 Timothy Joseph McGhee v. Ron Davis, Warden Ninth Circuit 2018-10-15 Denied Response WaivedRelisted (2)IFP certificate-of-appealability constitutional-review evidentiary-hearing habeas-corpus habeas-review ineffective-assistance-of-counsel pre-trial-investigation reasonable-investigation strickland-prejudice strickland-prejudice-standard strickland-standard unreasonable-factual-findings unreasonable-findings-of-fact Whether the Ninth Circuit should have granted a certificate of appealability on the ineffective assistance of counsel claim
18-6325 Adrian Contreras-Rebollar v. Mike Obenland, Superintendent, Monroe Correctional Complex Ninth Circuit 2018-10-15 Denied Response WaivedIFP 6th-amendment certificate-of-appealability co-counsel criminal-procedure-6th-amendment-right-to-counsel- criminal-procedure-6th-amendment-self-defense-inef defense-of-another due-process ineffective-assistance jury-instruction right-to-counsel self-defense sixth-amendment Where petitioner's defense in the trial court was based on Self-Defense, petitioner did not fully trust his Dept. of Assigned Counsel lawyer, and thus…
18-6291 Steven H. Cook v. Julie L. Jones, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2018-10-12 Rehearing Response WaivedRelisted (2)IFP certificate-of-appealability civil-rights collateral-review deprivation-of-liberty due-process federal-law federal-mail-box-rule habeas-corpus ineffective-assistance ineffective-assistance-of-counsel liberty-deprivation mail-box-rule mailbox-rule standing timeliness Is the issue of great import to potentially thousands of prisoners similarly situated and does it have significant impact on the public?
18-6275 Ricardo Lupian-Barajas v. Julie L. Jones, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2018-10-11 Denied Response WaivedIFP certificate-of-appealability due-process eleventh-circuit federal-rules-of-appellate-procedure habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-proceedings prosecutorial-misconduct sixth-amendment strickland strickland-standard Did the United States Court of Appeals for the Eleventh Circuit depart from the accepted and usual course of judicial proceedings when it failed to st…
18-6249 Markos Pappas v. United States Second Circuit 2018-10-09 Denied Response WaivedIFP 21-usc-851 28-usc-2253 28-usc-2255 appellate-procedure certificate-of-appealability civil-procedure due-process federal-rules-of-civil-procedure-60(b) habeas-corpus rosales-mireles rule-60b section-2255 standard-of-review statutory-interpretation Does the certificate of appealability (COA) requirement apply to Federal Rule of Civil Procedure 60(b) motions related to 28 U.S.C. § 2255 proceedings…
18-6255 Christopher Earl Oden v. United States Eleventh Circuit 2018-10-09 Denied Response WaivedIFP appellate-procedure certificate-of-appealability circuit-court-precedent circuit-precedent due-process habeas-corpus judicial-review reasonable-jurists standard-of-review Is it necessary for a petitioner to show that his claim is not foreclosed by binding circuit precedent to obtain a certificate of appealability?
18-6235 Michael Rocky Lane v. United States Ninth Circuit 2018-10-05 Denied Response WaivedIFP 28-usc-2253 appellate-procedure buck-v-davis certificate-of-appealability constitutional-right constitutional-rights due-process habeas-corpus judicial-review miller-el-v-cockrell standard-of-review Whether, under this Court's precedent in Miller-El v. Cockrell and Buck v. Davis, it is sufficient for obtaining a Certificate of Appealability under …
18-6218 Desrel Ray Linden v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2018-10-04 Denied Relisted (2)IFP certificate-of-appealability civil-rights constitutional-rights due-process federal-question habeas-corpus ineffective-assistance-of-counsel judicial-procedure supervisory-power Whether the U.S. Fifth Circuit Court of Appeals erred in inverting the statutory order of operation by deciding the merits of the appeal and then deny…
18-6193 Kenneth A. White v. United States Sixth Circuit 2018-10-03 Denied Response WaivedIFP certificate-of-appealability district-court due-process fifth-amendment habeas-corpus jurisdiction sixth-circuit Did the District Court err in failing to grant Mr. White a Certificate of Appealability on his Fifth Amendment argument?
18-6143 Oscar Rodriguez v. United States Ninth Circuit 2018-10-01 Denied Response WaivedRelisted (2)IFP certificate-of-appealability constitutional-rights due-process effective-assistance-of-counsel evidentiary-hearing federal-habeas-corpus habeas-corpus ineffective-assistance judicial-procedure mental-retardation ninth-circuit summary-denial Whether the Ninth Circuit's summary denial of a certificate of appealability complies with this Court's precedents requiring that a COA be granted if …
18-6112 Opherro G. Jones v. United States Ninth Circuit 2018-09-28 Denied Response WaivedIFP advisory-guidelines beckles-v-united-states certificate-of-appealability criminal-procedure due-process misinformation sentencing sentencing-guidelines townsend-v-burke void-for-vagueness Due process-precludes-reliance-on-misinformation-at-sentencing
18-6138 Lance Fox v. United States Ninth Circuit 2018-09-28 Denied Response WaivedIFP advisory-guidelines beckles-v-united-states certificate-of-appealability criminal-defendant due-process misinformation sentencing sentencing-guidelines townsend-v-burke void-for-vagueness whether due process precludes relying on misinformation when sentencing a criminal defendant
18-6079 Rowan Brooks v. Scott Frauenheim, Warden Ninth Circuit 2018-09-26 Denied Response WaivedIFP certificate-of-appealability constitutional-claims due-process evidence-fabrication fabricated-evidence forensic-evidence habeas-corpus judicial-review ninth-circuit ninth-circuit-review state-court-proceedings Where the state court disposed of Brooks' constitutional claims by relying on 'evidence' that indisputably did not exist and the district court affirm…
18-6077 Omar Qazi v. Nevada, et al. Ninth Circuit 2018-09-24 Denied IFP 2254-petition 28-usc-2254 appellate-review certificate-of-appealability district-court due-process federal-district-court federal-jurisdiction habeas-corpus ineffective-assistance-of-counsel remittitur state-court-appeals Did the Federal District Court of Nevada have the jurisdiction to hear my 2254 Petition?
18-6068 Rodney L. Jones v. Wendy Kelley, Director, Arkansas Department of Correction Eighth Circuit 2018-09-21 Denied Response WaivedIFP abuse-of-discretion appellate-review certificate-of-appealability civil-procedure court-of-appeals discretion due-process habeas-corpus Did the court of appeals abuse its discretion in denying petitioner's application for certificate of appealability?
18-6051 John Phillip Bender v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2018-09-20 Denied Response WaivedRelisted (2)IFP abuse-of-discretion aedpa-limitations appeal certificate-of-appealability civil-rights constitutional-claims due-process habeas habeas-corpus habeas-review prima-facie-innocence rule-60b standing Did the lower court clearly err abusing its discretion applying certificate of appealability (COA) law outside Constitutional bounds
18-6012 Lucious Wilson v. J. Soto, Warden Ninth Circuit 2018-09-18 Denied Response WaivedIFP aedpa certificate-of-appealability constitutional-law darden-standard darden-v-wainwright due-process habeas habeas-corpus ninth-circuit non-unanimous-verdict prosecutorial-misconduct uncharged-conduct Is the Ninth Circuit's denial of a certificate of appealability (COA) on the claim that Wilson's conviction is unconstitutional due to prosecutorial m…
18-6024 Eric Sijohn Brown v. United States Third Circuit 2018-09-18 Denied Response WaivedIFP buck-v-davis certificate-of-appealability civil-procedure due-process habeas habeas-corpus ineffective-assistance ineffective-assistance-of-counsel merits-analysis section-2255 standard-of-review third-circuit Does the Third Circuit Court Of Appeals decision contravene Buck v. Davis
18-6010 Babubhai Patel v. United States Sixth Circuit 2018-09-17 Denied Response WaivedIFP appellate-jurisdiction buck-v-davis certificate-of-appealability civil-rights due-process habeas-corpus jurisdiction miller-el-v-cockrell sixth-circuit standard-of-review supreme-court-precedent Did the Sixth Circuit Court of Appeals sidestep the COA process in Petitioner Babubhai Patel's COA Application
18-5990 Omar Odale Brockman v. Erick Balcarcel, Acting Warden Sixth Circuit 2018-09-14 Denied Response WaivedIFP AEDPA aedpa-statute-of-limitations certificate-of-appealability federal-jurisdiction habeas-corpus procedural-rulings slack-v-mcdaniel statute-of-limitations subject-matter-jurisdiction us-v-cotton Does petitioner Brockman properly assert that Sup. Ct. R. 10(c) warrants him certiorari relief?
18-5998 Keith Lapell Biggins v. United States Eleventh Circuit 2018-09-14 Denied Response WaivedIFP 11th-circuit 28-usc-2253 appellate-procedure appellate-review buck-v-davis case-law certificate-of-appealability civil-rights due-process eleventh-circuit federal-procedure habeas-corpus statutory-interpretation statutory-operation Whether the United Court of Appeals for the Eleventh Circuit Contrary to Buck v. Davis, 137 S.Ct. 759 Inverted the Mode of Statutory Operation 28 U.S.…
18-5959 John Ingebretsen v. Jack Palmer, Warden, et al. Ninth Circuit 2018-09-13 Denied Response WaivedIFP cause-and-prejudice certificate-of-appealability civil-rights due-process habeas-corpus ineffective-assistance-of-counsel martinez-v-ryan plea-bargaining post-conviction-counsel procedural-default Whether the Ninth Circuit erred in denying a request for a certificate of appealability
18-5964 Nicholas Hacheney v. Mike Obenland, Superintendent, Monroe Correctional Complex Ninth Circuit 2018-09-13 Denied Response WaivedIFP certificate-of-appealability constitutional-law due-process federal-habeas-review habeas-corpus ineffective-assistance ineffective-assistance-of-counsel state-court-reasoning state-court-review wilson-v-sellers Whether the Ninth Circuit's decision failing to grant a certificate of appealability for the ineffective assistance of counsel claim conflicts with Wi…
18-5953 Antowan Thorne v. United States Fourth Circuit 2018-09-12 Denied Response WaivedIFP certificate-of-appealability district-court-error due-process evidentiary-hearing franks-hearing ineffective-assistance ineffective-assistance-of-counsel motion-for-new-trial new-trial search-suppression sixth-amendment witness-testimony Should the district court's denial of a new trial or evidentiary hearing due to counsel's failure to interview witnesses and call additional witnesses…
18-5932 Ronald Jones v. Steven Johnson, Administrator, New Jersey State Prison, et al. Third Circuit 2018-09-11 Denied Response WaivedIFP actual-innocence certificate-of-appealability constitutional-violation criminal-procedure due-process fifth-amendment fourteenth-amendment habeas-corpus medical-evidence section-2254 sixth-amendment state-conviction Whether Petitioner has shown clear and convincing evidence of a credible actual-innocence claim from his State conviction?
18-5890 Mark D. Whitfield v. United States Fifth Circuit 2018-09-06 Denied Response WaivedIFP appellate-review certificate-of-appealability circuit-split criminal-law force hobbs-act property robbery statutory-interpretation supreme-court use-of-force violent-crime Whether jurists of reason could debate whether robbery under the Hobbs Act possesses the use, attempted use, or threatened use of force against the pe…
18-5909 Barry Soldridge v. Lawrence Mahally, Superintendent, State Correctional Institution at Dallas, et al. Third Circuit 2018-09-06 Denied IFP certificate-of-appealability due-process habeas-corpus ineffective-assistance post-conviction post-conviction-relief waiver Whether a defendant's waiver of post-conviction relief rights was entered knowingly, intelligently and voluntarily
18-5887 Cecil L. Morton v. Ron Haynes, Superintendent, Stafford Creek Corrections Center Ninth Circuit 2018-09-05 Denied Response WaivedRelisted (2)IFP appellate-review certificate-of-appealability civil-rights constitutional-claim due-process habeas-corpus ninth-circuit procedural-component procedural-standard supreme-court-precedent Whether the Ninth Circuit erred in denying a certificate of appealability
18-5871 Samuel Posa v. United States Eleventh Circuit 2018-09-04 Denied Response WaivedIFP buck-v-davis certificate-of-appealability constitutional-claim due-process eleventh-circuit self-representation tharpe-v-sellers Whether the Eleventh Circuit Court of Appeals erred in denying Petitioner's Certificate of Appealability
18-5845 David L. Pierce v. United States Sixth Circuit 2018-08-31 Denied Response WaivedIFP appellate-procedure certificate-of-appealability civil-procedure due-process habeas-corpus judicial-review order procedural-default sixth-circuit standing Did the Sixth Circuit Court Of Appeals err when it denied petitoner a Certificate of Appealability based upon their 'ORDER'
18-5814 Bobby Cruz v. United States Seventh Circuit 2018-08-29 Denied Response WaivedIFP certificate-of-appealability due-process evidentiary-hearing guilty-plea habeas-corpus hill-v-lockhart ineffective-assistance ineffective-assistance-of-counsel mayle-v-felix section-2255 Did the Seventh Circuit Court of Appeals err in denying Bobby Cruz a certificate of appealability
18-5786 Donell A. Thomas v. United States Seventh Circuit 2018-08-28 Denied Response WaivedRelisted (2)IFP 2255-motion certificate-of-appealability evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel loss-calculation rule-59(e)-motion rule-59e section-2255-motion sentencing sixth-amendment sixth-amendment-rights strickland-standard strickland-v-washington Did the Petitioner prove his claim of ineffective assistance of counsel and satisfy the Strickland test?
18-5789 John Thompson v. United States Second Circuit 2018-08-28 Denied Response WaivedIFP appellate-procedure certificate-of-appealability criminal-procedure district-court due-process habeas-corpus jurists-of-reason motion-for-appeal procedural-default procedural-ruling second-circuit standard-of-review standing Whether the United States Court of Appeals for the Second Circuit erred in denying Thompson's Motion for Certificate of Appealability
18-5796 Ray Jefferson Cromartie v. Eric Sellers, Warden Eleventh Circuit 2018-08-28 Denied IFP appellate-procedure brady-v-maryland certificate-of-appealability circuit-split court-of-appeals exculpatory-evidence exculpatory-information habeas-corpus judicial-review procedural-standard reasonable-diligence Where must a court of appeals grant a certificate of appealability in a habeas corpus action where at least one judge votes in its favor?
18-5805 George Clifton Cobb v. Julie L. Jones, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2018-08-28 Denied IFP actual-innocence certificate-of-appealability civil-rights constitutional-review due-process habeas-corpus ninth-circuit procedural-default standing Did the 11th Circuit Court of Appeals err in dismissing petitioner's application for Certificate of Appealability as untimely despite petitioner showi…
18-5780 Peter Vincent Capra v. United States Tenth Circuit 2018-08-27 Denied Response WaivedIFP appellate-court appellate-review certificate-of-appealability civil-procedure district-court due-process duty-to-disclose evidentiary-hearing expert-testimony final-order good-faith-defense ineffective-assistance ineffective-assistance-of-counsel judicial-discretion jurisdiction standing Did the Appellate Court lack jurisdiction over the Appeal due to the fact from review of the record that the District Court had not adjudicated all of…
18-5716 Richard Blake Ray v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2018-08-23 Denied IFP 5th-circuit buck-v-davis certificate-of-appealability civil-rights due-process effective-assistance-of-counsel fifth-circuit habeas-corpus reasonable-legal-argument supreme-court-law Whether the district court and 5th circuit court of appeals erred in denying Ray a certificate of appealability
18-5727 Andre K. Clarke v. Julie L. Jones, Secretary, Florida Department of Corrections Eleventh Circuit 2018-08-23 Denied Response WaivedIFP agency-principles attorney-error buck-v-davis certificate-of-appealability circuit-split equitable-tolling extraordinary-circumstances habeas-corpus limitations-period miller-el-v-cockrell Whether Maples v. Thomas requires importation of agency principles into the equitable tolling context
18-5692 Melvin Jordan, III v. United States Eighth Circuit 2018-08-22 Denied IFP 28-usc-2255 armed-career-criminal-act certificate-of-appealability enumerated-clause habeas-corpus johnson-v-united-states residual-clause section-2255 sentencing violent-felony Whether a § 2255 petitioner seeking relief under Johnson must affirmatively prove that he was sentenced under the residual clause of the ACCA
18-5709 Paul Allen Anderson v. United States Sixth Circuit 2018-08-22 Denied Response WaivedIFP 2255-proceeding appeal-waiver certificate-of-appealability due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel section-2255 title-28-usc-2255 Whether an appeal waiver can be enforced in a Title 28 U.S.C. § 2255 proceeding when petitioner has based his claims on ineffective assistance of coun…
18-5666 Arthur Dennison v. Mark Hooks, Warden Sixth Circuit 2018-08-20 Denied Response WaivedRelisted (2)IFP 28-usc-2254 certificate-of-appealability due-process federal-habeas-corpus federal-jurisdiction federal-review habeas-corpus sixth-circuit sixth-circuit-court-of-appeals state-prisoner statutory-interpretation Did the Sixth Circuit Court of Appeals err in denying a certificate of appealability to state prisoner Arthur Dennison to challenge the denial of his …
18-5629 Jermaine Dewitt Chaney v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2018-08-17 Denied IFP actual-innocence certificate-of-appealability certificate-of-appealibility civil-procedure criminal-procedure due-process federal-courts federal-district-court fifth-circuit habeas-corpus ineffective-assistance ineffective-assistance-of-counsel section-2254 standard-of-review standards Did the Fifth Circuit Court of Appeals err by reaching the merits of the case and denying certificate of appealability?
18-5631 Steven M. Jacob v. Scott R. Frakes, Director, Nebraska Department of Correctional Services Eighth Circuit 2018-08-17 Dismissed Response WaivedRelisted (2)IFP aedpa certificate-of-appealability constitutional-review double-jeopardy due-process habeas habeas-corpus jury-selection prejudice presumption-of-impartiality standard-of-review supreme-court-precedent voir-dire Was the Petitioner's demonstration sufficient to require de novo review under the Panetti v. Quarterman standard or the Johnson v. Williams standard, …
18-5635 Charles Alfred Jackson v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2018-08-17 Denied IFP certificate-of-appealability civil-procedure civil-rights due-process fraud-on-court fraud-on-the-court habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-notice judicial-review procedural-due-process state-court-proceedings strickland-standard Whether the district court sidestepped the COA determination under §2253(c) when it denied Jackson's appeal and his COA and justified its denial of hi…
18-5612 Detrick C. Smith v. United States Eleventh Circuit 2018-08-16 Denied Relisted (4)IFP armed-career-criminal-act certificate-of-appealability elements-clause firearm-possession florida-felony-battery florida-robbery sentencing-enhancement statutory-maximum stokeling-v-united-states violent-felony Whether the Eleventh Circuit Court of Appeals erroneously denied Mr. Smith a certificate of appealability
18-5622 Susan Elizabeth Walker v. United States Eighth Circuit 2018-08-16 Denied Response WaivedRelisted (2)IFP 28-usc-1291 28-usc-2253 breach-of-fiduciary-duty,sec-securities-exchange-c certificate-of-appealability certificate-of-appealability,circuit-split,jurisdi circuit-split de-novo-review denovo,circuit-split,uniformity,lawrence-v-dept-of fiduciary-duty hohn-v-united-states ineffective-assistance ineffective-assistance-of-counsel,circuit-split,un jurisdiction Should a Certificate of Appealability be granted to resolve a circuit split regarding Jurisdiction established by 28 U.S.C.§ 1291 and 28 U.S.C. § 2253…
18-5572 John E. Wells, Sr. v. David Gray, Warden Sixth Circuit 2018-08-13 Denied IFP certificate-of-appealability constitutional-rights due-process equal-protection federal-habeas-corpus habeas-corpus illegal-sentence judicial-power jury-trial res-judicata state-court-record void-judgment Does a Federal Court of Appeals deny Due Process by refusing to issue a Certificate of Appealability
18-5500 Brian Edward Reynolds v. United States Eighth Circuit 2018-08-10 Denied Response WaivedIFP 2255-motion certificate-of-appealability direct-appeal federal-prisoner habeas-corpus ineffective-assistance-of-counsel procedural-framework statute-of-limitations Whether a certificate of appealability (COA) should have been granted to consider whether a federal prisoner's failure to file a timely amended 2255 m…
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…
18-5515 Louie Anthony Salemi v. United States Eleventh Circuit 2018-08-09 Denied Response WaivedIFP 28-usc-2255 abuse-of-discretion boiler-plate-language certificate-of-appealability eleventh-circuit evidentiary-hearing habeas-corpus-review-2255-claims ineffective-assistance ineffective-assistance-of-counsel machibroda-v-united-states off-the-record-advice reasoned-opinion section-2255 summary-order Did the Eleventh Circuit Court of Appeals abuse its discretion by not providing a reasoned opinion to support its order?
18-5493 Maceo Gant v. Thomas Winn, Warden Sixth Circuit 2018-08-07 Denied Response WaivedIFP certificate-of-appealability district-court district-court-decision due-process federal-jurisdiction final-judgment habeas-corpus jurisdiction plea-bargain plea-conviction sixth-circuit state-court-conviction unresolved-claims Whether the Sixth Circuit had jurisdiction to consider the petitioner's unresolved challenges to his state court plea conviction where the district co…
18-5494 Blaine Keith Milam v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2018-08-07 Denied IFP buck-v-davis certificate-of-appealability civil-rights death-penalty due-process fifth-circuit habeas-corpus ineffective-assistance-of-counsel intellectual-disability judicial-review mitigating-evidence procedural-default right-to-counsel Whether the Fifth Circuit erred in not granting a certificate of appealability on the claims presented in violation of the holding in Buck v. Davis
18-154 Roderic Rooks v. Shawn Brewer, Warden Sixth Circuit 2018-08-03 Denied Response Waived certificate-of-appealability due-process effective-assistance-of-counsel fair-trial fifth-amendment franks-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel newly-available-evidence pretrial-motion prosecutorial-misconduct Whether the district court erred in denying a certificate of appealability on petitioner's constitutional challenges to his state court conviction
18-5337 Shawn Johnson v. Steven Johnson, Administrator, New Jersey State Prison, et al. Third Circuit 2018-07-25 Denied IFP actual-innocence brady-violations certificate-of-appealability criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel newly-discovered-evidence prosecutorial-concession prosecutorial-misconduct recantation recanted-testimony self-defense witness-recantation Whether petitioner Shawn Johnson was denied due process and a fair trial due to newly discovered evidence of actual innocence and ineffective assistan…
18-5338 DeLawrence A. King v. Ronald Erdos, Warden Sixth Circuit 2018-07-25 Denied IFP certificate-of-appealability constitutional-rights due-process ineffective-assistance mens-rea procedural-default prosecutorial-misconduct self-defense sufficiency-of-evidence Did the Sixth Circuit Court error when it failed to grant Petitioner a Certificate of Appealability after previously ruling in his favor, by stating t…
18-5351 Payman Borhan v. Joe A. Lizarraga, Warden Ninth Circuit 2018-07-25 Denied Response WaivedIFP certificate-of-appealability choice-of-counsel criminal-procedure due-process habeas-corpus ineffective-assistance mccoy-v-louisiana right-to-choice-of-counsel right-to-counsel sixth-amendment Whether the trial court's refusal to allow the defendant to retain his own counsel of choice deprived him of his Sixth Amendment right to choose the f…
18-5318 Makandi L. Terry v. Donnie Stonebreaker, Warden Fourth Circuit 2018-07-23 Denied IFP 6th-amendment certificate-of-appealability discovery due-process exculpatory-evidence habeas-corpus ineffective-assistance ineffective-assistance-of-counsel involuntary-plea jury-trial Whether Appellant Terry Should Have Been Denied a Certificate of Appealability as Evidence Exists in the Record That His Trial Attorney Was Clearly In…
18-5287 Luis Salas v. United States Eleventh Circuit 2018-07-20 Denied Response WaivedIFP appeal appellate-review certificate-of-appealability criminal-conviction due-process eleventh-circuit habeas-corpus ineffective-assistance-of-counsel motion-to-vacate sentencing standard-of-review Whether the trial and appellate court erred in denying Petitioner's Motion for Certificate of Appealability?
18-5295 Miguel Pedraza v. Julie L. Jones, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2018-07-20 Denied IFP 28-usc-2253 appellate-procedure certificate-of-appealability constitutional-rights due-process eleventh-circuit habeas-corpus ineffective-assistance-of-counsel jurisdiction mental-competency procedural-default standard-of-review Whether the Eleventh Circuit erred in denying petitioner's certificate of appealability application based on the conclusion that he failed to make a s…
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…
18-5270 Steven Lynn Deem v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2018-07-19 Denied IFP abuse-of-discretion actual-innocence certificate-of-appealability due-process federal-courts habeas-corpus ineffective-assistance-of-counsel jurists-of-reason merits-hearing procedural-standard self-representation Whether the Fifth Circuit abused its discretion in denying a certificate of appealability on petitioner's actual-innocence claim
18-5226 Richard Lugo v. United States Second Circuit 2018-07-13 Denied Response WaivedIFP certificate-of-appealability constitutional-rights criminal-procedure direct-appeal due-process habeas-corpus ineffective-assistance-of-counsel right-to-counsel sixth-amendment Whether appellate counsel's ineffectiveness deprived petitioner of his right to direct appeal
18-5236 In Re Ferlando Esco 2018-07-13 Denied IFP ' 'certificate-of-appealability" ' 'due-process" ' 'habeas-corpus" ' 'ineffective-assistance-of-counsel" ' 'mandamus" ' 'sentencing' appellate-review certificate-of-appealability designated-issues extraordinary-relief fifth-circuit fully-briefed judicial-procedure merits-decision writ-of-mandamus Whether a writ of mandamus should issue to compel the Fifth Circuit to decide the merits of a request for certificate of appealability regarding two d…
18-5202 Samuel Knowles v. United States Eleventh Circuit 2018-07-11 Denied Response WaivedIFP certificate-of-appealability consular-notification criminal-procedure due-process extradition extradition-process international-treaty jurisdiction jurisdictional-defect Question not identified
18-5206 Gary Dewayne Oatman v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2018-07-11 Denied IFP 6th-amendment actual-innocence certificate-of-appealability double-jeopardy due-process enhanced-sentence habeas-corpus ineffective-assistance-of-counsel prior-mistrial sentencing Whether a defendant can be actually innocent of a sentence in a non-capital case, whether a prior mistrial renders nugatory all prior proceedings, and…
18-5157 In Re Jose Luis Arevalo 2018-07-09 Denied Response WaivedRelisted (2)IFP actual-innocence cause-and-prejudice cause-and-prejudice-doctrine certificate-of-appealability drug-crimes due-process eleventh-circuit fifth-amendment jurisdiction money-laundering reasonable-doubt Whether the due process clause was violated by failure to prove every element of money laundering beyond a reasonable doubt
18-5158 Mario Lee Brown v. United States Eleventh Circuit 2018-07-09 Denied Response WaivedRelisted (2)IFP acca-enhancement certificate-of-appealability descamps-v-united-states evidentiary-hearing fifth-amendment florida-robbery-statute sixth-amendment stokeling-v-united-states Whether the United States Court of Appeals for the Eleventh Circuit erred in denying petitioner a Certificate of Appealability
18-5067 Clark L. Stuhr v. Daniel White, Superintendent, Washington Corrections Center Ninth Circuit 2018-07-06 Denied Response WaivedRelisted (2)IFP certificate-of-appealability civil-rights constitutional-rights documentary-evidence due-process good-time-credits habeas-corpus prison-discipline prisoner-rights right-to-evidence Whether a criminal defendant is entitled to a certificate of appealability when it is demonstrated that a substantial showing of the denial of a const…
18-5149 Francisco Cubero v. United States Eleventh Circuit 2018-07-06 Denied Response WaivedIFP certificate-of-appealability collateral-relief collateral-review conflicting-results due-process plea-hearing procedural-default sentencing supervised-release supervised-release-term Whether the district court's failure to correctly inform the defendant of the direct consequences of pleading guilty prejudiced the defendant
18-5135 Mark Francis Honish v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2018-07-05 Denied Response RequestedRelisted (3)IFP abuse-of-discretion certificate-of-appealability due-process federal-procedure fifth-circuit habeas-corpus ineffective-assistance-of-counsel judicial-discretion statute-of-limitations statutory-interpretation time-limitation tolling Was Honish's first state habeas writ 'application' properly filed within the meaning of 28 U.S.C. §2244(d)(2), and required to be tolled?
18-20 Arkadiy Bangiyev v. United States Fourth Circuit 2018-07-03 Denied Response Waived 28-usc-2255 certificate-of-appealability counsel-stipulation criminal-procedure evidentiary-hearing ineffective-assistance-of-counsel plea-bargain plea-bargaining sentencing-enhancement sentencing-guidelines sixth-amendment writ-of-certiorari Did the court of appeals err in denying petitioner's motion for a certificate of appealability to review the denial of an evidentiary hearing on petit…
18-5098 Thaddeus Williams v. Cindi S. Curtin, Warden Sixth Circuit 2018-07-03 Denied Response WaivedIFP appeal certificate-of-appealability district-court-review due-process equitable-tolling habeas-corpus procedural-timeliness statutory-tolling Whether the district court correctly determined that petitioner's habeas corpus petition was untimely; whether the blanket denial of his motion for ce…
18-5044 Laurenano Angulo Riascos v. United States Eleventh Circuit 2018-07-02 Denied Response WaivedIFP appeal appellate-procedure certificate-of-appealability constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance section-2255 sixth-amendment Whether the Court of Appeals for the Eleventh Circuit erred in denying petitioner's request for a certificate of appealability to review the district …
18-5070 Michael B. Williams v. Stephen Mayberg, Warden Ninth Circuit 2018-07-02 Dismissed IFP actual-innocence brady-violation certificate-of-appealability dna-evidence exculpatory-evidence federal-habeas fundamental-miscarriage-of-justice habeas-corpus mcquiggin-v-perkins procedural-default Whether petitioner's actual innocence claim overcomes the procedural default of his federal habeas claims challenging the constitutionality of his sta…
18-5057 James T. Bagby v. William Hyatte, Warden Seventh Circuit 2018-06-29 Denied Response WaivedRelisted (2)IFP 7th-circuit-court 7th-circuit-court-of-appeals certificate-of-appealability civil-rights constitutional-rights due-process equitable-tolling habeas-corpus ineffective-assistance post-conviction-relief prosecutorial-misconduct timeliness Did the United States 7th Circuit Court of Appeals err in denying a certificate of appealability without specifically addressing any of Bagby's claims…
18-5059 David Randolph Bedell v. Scott Jordan, Warden Sixth Circuit 2018-06-29 Denied IFP actual-innocence aedpa-limitations aedpa-statute-of-limitations cause-and-prejudice certificate-of-appealability extraordinary-circumstances fundamental-defects habeas-corpus ineffective-assistance-of-counsel manifest-injustice procedural-default Whether the Sixth Circuit Court of Appeals abused its discretion in denying a Certificate of Appealability
18-5008 Autrey Canadate v. United States Eleventh Circuit 2018-06-28 Denied Response RequestedResponse WaivedRelisted (2)IFP armed-career-criminal-act armed-robbery attempted-armed-robbery attempted-robbery certificate-of-appealability curtis-johnson-v-united-states due-process elements-clause florida-criminal-law use-of-force violent-felony violent-force Whether the Florida offense of attempted armed robbery categorically requires the use of 'violent force' to qualify as a 'violent felony' under the Ar…
18-5014 Marcus Allen v. United States Eighth Circuit 2018-06-28 Denied Response WaivedIFP 2255-motion brady-violation certificate-of-appealability civil-rights due-process due-process,equal-protection,brady-violation,2255- equal-protection fourteenth-amendment judicial-integrity petition-for-rehearing plain-error Did lower court violate petitioner's rights under the Fourteenth Amendment of Equal Protection under the law, when petitioner provided evidence the Go…