| 25A651 |
Alabama v. Michael Anthony Powell |
Alabama |
2025-12-03 |
Application |
|
closing-arguments constitutional-violation fifth-amendment harmless-error prosecutorial-comments right-to-silence |
Whether a prosecutor's comments during closing arguments that could be interpreted as referencing a defendant's decision not to testify violate the Fi… |
| 24-5931 |
Terrell Dashaun Wesley v. Tyrone Baker, Warden |
Seventh Circuit |
2024-11-07 |
Denied |
Response WaivedIFP |
bench-trial closing-arguments herring-error judicial-procedure trial-rights verdict-timing |
Whether a reversible Herring error occurs when a trial judge permits closing arguments only after announcing a verdict |
| 23-7105 |
Katherine Barrett v. Kentucky |
Kentucky |
2024-03-29 |
Denied |
Response WaivedIFP |
closing-arguments criminal-procedure due-process home-incarceration jail-credit jury-instructions presumption-of-innocence prosecutorial-misconduct |
Did the prosecutor's statement to the jury that the presumption of innocence is gone constitute flagrant misconduct? |
| 23-5971 |
Kevondric Fezia v. United States |
Fifth Circuit |
2023-11-07 |
Denied |
Response WaivedIFP |
closing-arguments confrontation-clause criminal-procedure due-process hearsay jury non-testifying-witness prosecutorial-argument sixth-amendment witness-testimony |
Does the Confrontation Clause apply to statements made by a prosecutor during closing arguments that detail for the jury what a non-testifying witness… |
| 22-7213 |
Brian Evan Roth v. Florida |
Florida |
2023-04-05 |
Denied |
Response WaivedIFP |
burden-of-proof civil-rights closing-arguments criminal-procedure due-process evidence evidence-introduction judicial-discretion prosecutorial-misconduct trial-procedure |
Whether the trial court erred in allowing certain evidence to be introduced and considered as testimony, as well as issues brought up during closing a… |
| 22-6150 |
Walter Raglin v. Tim Shoop, Warden |
Sixth Circuit |
2022-11-23 |
Denied |
IFP |
capital-murder capital-punishment closing-arguments criminal-procedure ineffective-assistance procedural-bar res-judicata state-procedural-bar trial-counsel voir-dire |
Whether a capital defendant is deprived of the effective assistance of trial counsel |
| 21-7836 |
Bruce Edward Bingham, Jr. v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-05-11 |
Denied |
IFP |
burden-of-proof closing-arguments constitutional-ineffective-assistance criminal-procedure discovery-violation due-process due-process-violation prosecutorial-misconduct remorse right-to-counsel |
Was the prosecution's remarks regarding the 'conscience of the community' and 'remorse' prosecutorial misconduct, or allowable argument? |
| 21-1339 |
Carlton Richard Nebergall v. Florida |
Florida |
2022-04-08 |
Denied |
Response Waived |
closing-arguments covid-19 covid-19-context deliberation-pressure due-process fair-trial impartial-jury judicial-instruction jury-coercion |
Did the trial court violate Petitioner's constitutional right to a fair and impartial jury? |
| 21-7380 |
Frank Henderson Brown v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-03-15 |
Denied |
IFP |
appeal civil-rights closing-arguments due-process evidence-rules ineffective-assistance-of-counsel prosecutorial-misconduct standing trial-court-error |
Whether the trial court erred in allowing the prosecutor to argue facts not in evidence during closing arguments |
| 21-5315 |
Rafael Arturo Coto Chinchilla v. Louisiana |
Louisiana |
2021-08-06 |
Denied |
Response WaivedIFP |
closing-arguments criminal-procedure due-process evidence-sufficiency jury-instructions prosecutorial-misconduct sufficiency-of-evidence trial-error |
Was the evidence sufficient to support the guilty verdict? |
| 20-6317 |
Robert Petty v. Indiana |
Indiana |
2020-11-13 |
Denied |
Response WaivedIFP |
appellate-review closing-arguments constitutional-rights due-process effective-assistance-of-counsel fifth-amendment fourteenth-amendment ineffective-assistance-of-counsel sentencing sixth-amendment trial-procedure |
Whether the Indiana Courts erred in denying Appellant effective assistance of trial counsel during closing arguments and sentencing, violating the Fif… |
| 20-5463 |
Rowmoto Rogers v. Gregory Skipper, Warden |
Sixth Circuit |
2020-08-28 |
Denied |
Response WaivedIFP |
closing-arguments constitutional-rights criminal-procedure due-process prosecutorial-misconduct trial-procedure witness-credibility |
Whether the prosecutor was improperly allowed to vouch for the credibility of his star witness during closing arguments, denying various constitutiona… |
| 19-8542 |
Brian Lamar Brown v. Nevada, et al. |
Ninth Circuit |
2020-05-27 |
Denied |
Response WaivedIFP |
closing-arguments criminal-procedure criminal-trial due-process fair-trial harmless-error jury-instructions legal-prejudice prosecutorial-misconduct |
Whether the prosecutor committed prejudicial misconduct during closing arguments? |
| 19-8479 |
Bernard J. Fleming v. United States |
District of Columbia |
2020-05-15 |
Denied |
Response WaivedIFP |
closing-arguments criminal-procedure due-process fair-trial personal-opinion prosecutorial-misconduct prosecutorial-vouching vouching witness-credibility |
When do comments by a prosecutor in her final and rebuttal arguments to the jury in a criminal case that affirm the veracity of the government's chief… |
| 19-7654 |
Jean Roussel Eloi v. United States |
Eleventh Circuit |
2020-02-12 |
Denied |
Response WaivedIFP |
appeal-process appeal-stages closing-arguments conviction defenses government-misconduct ineffective-assistance ineffective-assistance-of-counsel jury-selection relationship-evidence sealed-records sentencing-guidelines |
Whether counsel was ineffective for not pursuing all the way through the appeal stages, the government's statement during closing arguments that it sh… |
| 19-573 |
Jamil Abdullah Al-Amin v. Timothy C. Ward, Commissioner, Georgia Department of Corrections, et al. |
Eleventh Circuit |
2019-11-01 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
brecht-standard brecht-v-abrahamson closing-arguments constitutional-error fifth-amendment habeas-corpus harmless-error prosecutorial-misconduct substantial-defense |
Did the Eleventh Circuit improperly determine that the Prosecution's pattern of deliberate and egregious improper comments in closing arguments did no… |
| 19-5566 |
Reilies Wayne Miller v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2019-08-13 |
Denied |
Response WaivedIFP |
chapman-v-california closing-arguments darden-v-wainwright due-process expert-witness fourteenth-amendment harmless-error jury-instruction jury-instructions self-defense sixth-amendment |
Consistent with the Fourteenth Amendment and Chapman v. California, could the harmless error analysis applied by the State as to the self-defense jury… |
| 18-9630 |
Michael Mancil Brown v. United States |
Sixth Circuit |
2019-06-11 |
Denied |
Response WaivedIFP |
6th-amendment 6th-amendment,effective-counsel,mistrial,closing-a closing-arguments constitutional-violation criminal-procedure due-process effective-counsel mistrial sixth-amendment trial trial-rights |
Was the Petitioner's 6th Amendment Rights to effective counsel violated when Petitioner's Attorney refused a mistrial offer by the Court without consu… |
| 18-9566 |
Jason Brady Sain v. Oklahoma |
Oklahoma |
2019-06-06 |
Denied |
IFP |
closing-arguments credibility due-process fair-trial fourteenth-amendment prosecutorial-misconduct sixth-amendment theory-of-the-case witness-credibility |
Was petitioner's sixth and fourteenth amendment rights to a fair trial violated? |