conflict-of-interest

288 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
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 Whether reasonable jurists could debate a district court's refusal to consolidate inextricably intertwined initial 28 U.S.C. § 2254 dockets and failur…
25-6512 Aubrey C. Trail v. Nebraska Nebraska 2026-01-07 Pending IFP conflict-of-interest criminal-procedure due-process indigent-rights ineffective-assistance post-conviction Does a state violate due process by penalizing a criminal defendant's request for conflict-free counsel?
25-6347 Jim Lundi v. United States Eleventh Circuit 2025-12-12 Denied Response WaivedIFP appellate-counsel conflict-of-interest direct-appeal ineffective-assistance plea-colloquy waiver-of-counsel Whether the appointment of appellate counsel who fails to investigate direct appeal issues constitutes ineffective assistance of counsel and whether a…
25-674 George Sachs v. Ricardo Inc., et al. Sixth Circuit 2025-12-10 Pending Response Waived client-representation conflict-of-interest defense-strategy legal-dismissal multi-defendant-case statute-of-limitations Whether a statute of limitations can be raised to dismiss a case with significant national implications and potential taxpayer consequences, and to wh…
25-6013 Kimberly Lee Kessler v. Florida Eleventh Circuit 2025-11-03 Denied IFP conflict-of-interest due-process habeas-corpus kangaroo-court prosecutorial-misconduct witness-tampering Question not identified.
25-5975 Thiago de Sousa Prado v. United States First Circuit 2025-10-28 Denied Response WaivedIFP attorney-disqualification conflict-of-interest criminal-procedure due-process professional-conduct prosecutorial-ethics Does the Due Process Clause permit a United States Attorney's Office to prosecute a criminal defendant when the Acting U.S. Attorney previously served…
25-5871 Isaiah Stacy Alstad v. United States Eighth Circuit 2025-10-14 Denied Response WaivedIFP abuse-of-discretion appellate-review conflict-of-interest constitutional-rights ineffective-assistance summary-dismissal Whether the district court and Eighth Circuit abused their discretion by summarily dismissing claims of conflict of interest, ineffective assistance o…
25-5855 In Re Caleb McGillvary 2025-10-09 Denied Response WaivedIFP 3rd-circuit conflict-of-interest habeas-corpus judicial-ethics judicial-recusal mandamus Whether a writ of mandamus should issue to require recusal of 3rd Circuit judges due to alleged conflicts of interest in a habeas corpus proceeding
25-5818 Clyde Wendell Smith v. Mississippi Mississippi 2025-10-07 Denied IFP conflict-of-interest effective-assistance-counsel postconviction-relief procedural-bar simultaneous-representation state-court-jurisdiction Whether the Mississippi Supreme Court's application of a new procedural rule to a pending postconviction motion constitutes an adequate state ground b…
25-371 Clark's Barber Lounge, LLC, et al. v. Destin Health and Fitness, LLC Florida 2025-09-29 Denied Response Waived attorney-representation conflict-of-interest due-process fourteenth-amendment legal-ethics per-curiam Whether a conflict of interest exists for an attorney who gave advice to one client and then represented another client on the same matter, and whethe…
25-5703 In Re Steven Ray Wycoff 2025-09-23 Denied IFP aedpa-restrictions conflict-of-interest due-process habeas-corpus innocence-claim prosecutorial-misconduct Whether the AEDPA's § 2244(b)(3)(E) prohibits seeking rehearing en banc after a court of appeals' denial of a second federal habeas application, and w…
25-5574 In Re Paul Patrick Jolivette 2025-09-08 Denied IFP conflict-of-interest constitutional-violation habeas-corpus judicial-disqualification jurisdictional-defect magistrate-judge-authority Did the United States Magistrate Judge Dennis M. Cota abuse and usurp his authority and jurisdiction when he denied Petitioner's Motion to Disqualify …
25-101 J. M. F. v. Angel Quiros, Commissioner, Connecticut Department of Correction Connecticut 2025-07-25 Denied Response Waived conflict-of-interest criminal-defendant effective-counsel legal-malpractice right-to-counsel sixth-amendment Whether the threat of a civil action by a criminal defendant against his attorney is a per se denial of the right to effective counsel guaranteed by t…
25-5145 Nicholas Bernard Acklin v. John Q. Hamm, Commissioner, Alabama Department of Corrections, et al. Eleventh Circuit 2025-07-18 Denied IFP attorney-ethics conflict-of-interest constitutional-rights death-penalty habeas-corpus ineffective-assistance-of-counsel In the extraordinary circumstances of this death penalty case, was it unreasonable for the state court to conclude that the defense attorney did not h…
24-7437 Kaveh L. Afrasiabi v. President and Fellows of Harvard College Massachusetts 2025-06-16 Denied Response WaivedIFP conflict-of-interest due-process harvard-university judicial-ethics judicial-recusal procedural-fairness Whether a presiding justice should have recused himself from a case involving Harvard University due to extensive connections and potential conflict o…
24-7416 Courtney B. Mathews v. Tennessee Tennessee 2025-06-13 Denied IFP attorney-client-privilege conflict-of-interest criminal-defense due-process ethical-burden trial-errors Does a criminal defense attorney becoming a witness against their own client due to intentional waiver of attorney-client privilege, creating divergen…
24-7395 In Re Isaac Gray 2025-06-10 Denied IFP brady-violation conflict-of-interest ineffective-assistance peremptory-challenges prosecutorial-misconduct trial-counsel Did the State court err in denying trial counsel's effectiveness in multiple instances, including challenging peremptory challenges, filing sentence m…
24-7236 Benjamin Ritchie v. Ron Neal, Warden Seventh Circuit 2025-05-19 Denied IFP conflict-of-interest counsel-replacement habeas-corpus rule-60(b) substantial-likelihood time-limitation Is a Rule 60(b) motion filed less than seven months after the appointment of conflict-free federal habeas counsel categorically untimely such that it …
24-1166 Luis Iram Miranda v. United States Fifth Circuit 2025-05-14 Denied Response Waived conflict-of-interest constitutional-rights counsel-representation criminal-procedure due-process sixth-amendment Whether district courts and parties in criminal cases can establish a uniform standard for addressing conflicts of interest in attorney representation…
24-7181 Robert Carl Sharp v. United States Eighth Circuit 2025-05-12 Denied Response WaivedIFP circuit-split conflict-of-interest ineffective-assistance-counsel post-conviction-relief sentencing-enhancement sixth-amendment Does the Cuyler v. Sullivan standard for conflict of interest apply uniformly across circuits when assessing Sixth Amendment violations in successive …
24-954 Anthony Vetri v. United States Third Circuit 2025-03-05 Denied Response Waived conflict-of-interest criminal-defense cronic-standard effective-counsel sixth-amendment strickland-standard Whether a defendant must show actual prejudice or can rely on a presumption of prejudice when some, but not all, attorneys in a multi-attorney represe…
24-944 Cellspin Soft, Inc. v. Fitbit LLC, et al. Federal Circuit 2025-03-04 Denied Relisted (2) conflict-of-interest due-process investment-disclosure judicial-ethics judicial-recusal statutory-interpretation Whether the failure to rule on judicial recusal under 28 U.S.C. § 455(a) constitutes a due process violation when a judge's spouse has financial ties …
24-763 In Re Bo Zou 2025-01-17 Denied Relisted (2) appellate-review conflict-of-interest court-jurisdiction judicial-recusal legal-ethics procedural-irregularity Whether district judge John D. Russell may hear his Client's Case after leaving his former law firm one month prior, and whether the Tenth Circuit Cou…
24-707 Lakshmi Arunachalam v. International Business Machines Corporation, et al. Federal Circuit 2025-01-02 Denied Response Waived conflict-of-interest due-process impartiality judicial-disqualification judicial-ethics right-to-appeal Can a judge with a financial conflict of interest issue a binding order in favor of the stock-issuing party?
24A562 Ikechukwu Okorie v. University Mall, LLC Fifth Circuit 2024-12-09 Presumed Complete conflict-of-interest judicial-ethics judicial-impartiality mandamus-petition procedural-irregularity writ-of-possession Whether a federal district court judge's potential conflict of interest, arising from being a named defendant in a related lawsuit, requires mandatory…
24A491 Stephen C. Stanko v. Bryan P. Stirling, Director, South Carolina Department of Corrections, et al. Fourth Circuit 2024-11-18 Presumed Complete conflict-of-interest expert-services habeas-corpus ineffective-assistance trial-counsel waiver Whether an actual conflict of trial counsel that adversely affects representation can be validly waived without fully advising the client of the conse…
24-281 Kishna S. Minor v. Anne M. Heishman, Commissioner of Accounts Virginia 2024-09-12 Denied Response Waived conflict-of-interest due-process fiduciary-oversight judicial-impartiality quasi-judicial-officer state-court-procedure Whether a Commissioner of Accounts violates the Due Process Clause by acting as both an accuser and adjudicator in fiduciary oversight proceedings
24-5483 Spyros Panos v. United States Second Circuit 2024-09-06 Denied Response WaivedIFP attorney-ethics conflict-of-interest constitutional-law criminal-procedure ineffective-assistance prejudice-standard Whether an unwaivable conflict arises when counsel and client are implicated in the same crime, and if so, what procedural and substantive standards a…
24-5310 Paul Wagner v. United States Ninth Circuit 2024-08-13 Denied Response WaivedIFP conflict-of-interest criminal-investigation due-process right-to-counsel sixth-amendment trial-attorney Whether a trial attorney's knowledge of a concurrent federal criminal investigation constitutes a disqualifying conflict of interest under the Sixth A…
24A29 Rosalind Holmes v. United States, et al. Ohio 2024-07-11 Presumed Complete conflict-of-interest constitutional-rights federal-defendants injunctive-relief pro-se-litigation sixth-circuit Whether a pro se litigant can obtain emergency injunctive relief against multiple government officials and entities for alleged constitutional rights …
23-7798 Evan C. Wilhelm v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2024-06-25 Denied Response WaivedIFP christeson-v-roper conflict-of-interest counsel-performance cuyler-v-sullivan ineffective-assistance ineffective-assistance-of-counsel legal-ethics prejudice-presumption presumption-of-prejudice professional-reputation professional-responsibility Whether prejudice should be presumed when a conflict of interest forces Counsel to choose between denigrating their own performance on behalf of their…
23-1318 Arthur Lopez v. MUFG Holding Corporation, et al. California 2024-06-18 Denied civil-procedure civil-rights conflict-of-interest due-process emotional-distress judicial-recusal recusal self-representation standing due-process-clause
23-1315 Maxwell Jones v. United States Federal Circuit 2024-06-17 Denied Response Waived administrative-procedure arbitrary-and-capricious arbitrary-capricious conflict-of-interest dfas-denial forged-documents judicial-immunity military-pay military-records records-correction wrongful-discharge Whether the military pay and records correction case involves issues of wrongful discharge, forged documents, and conflict of interest
23-7569 Raymond Woodley v. North Carolina North Carolina 2024-05-28 Denied Response WaivedIFP conflict-of-interest criminal-procedure due-process ineffective-assistance multiple-representation sixth-amendment strickland-prejudice strickland-standard sullivan-standard trial-court When counsel alerts the trial court to a conflict of interest not involving multiple representation, and the trial court fails to resolve the conflict…
23-1241 Jeffrey Fay Pike v. United States Fifth Circuit 2024-05-24 Denied Response Waived conflict-of-interest counsel-of-choice disqualification due-process ex-parte ex-parte-proceeding fifth-amendment prosecution-witness right-to-counsel sixth-amendment Does it deny a defendant due process of law to disqualify trial counsel based on a purported conflict of interest following the ex parte consideration…
23-7464 Michael Grady v. United States Eighth Circuit 2024-05-13 Denied Response WaivedIFP abuse-of-discretion circuit-split conflict-of-interest constitutional-right constitutional-rights counsel-of-choice disqualification-of-counsel eighth-circuit Whether the Eighth Circuit's decision to uphold the disqualification of Petitioner's counsel of choice deprived him of his constitutional right to rep…
23-7425 Orlando Bell v. United States District of Columbia 2024-05-08 Denied Response WaivedIFP compulsory-process conflict-of-interest criminal-procedure due-process effective-assistance-of-counsel ineffective-assistance right-to-counsel sixth-amendment Was counsel ineffective in not using compulsory process for obtaining witnesses in the movant's favor?
23-7403 Alex A. Campbell v. United States Seventh Circuit 2024-05-07 Denied Response WaivedIFP appeals conflict-of-interest court-appointed-counsel due-process fraud-on-court government-interference habeas-petition habeas-petitions judicial-conflict-of-interest procedural-due-process sitting-judges Whether procedural due process, due process rights, or the provision due process clause is violated/and or an conflict of interest, when an court appo…
23-7306 Ronnie Y. Conrad v. Rob St. Andre, Warden Ninth Circuit 2024-04-25 Denied IFP 6th-amendment conflict-of-interest criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel presumption-of-prejudice prosecutorial-misconduct retroactivity sixth-amendment Whether the presumption of prejudice applies to conflict-of-counsel claims when the defense attorney is being prosecuted by the same agency prosecutin…
23A901 Carl Gordon v. Gavin Newsom, Governor of California, et al. Ninth Circuit 2024-04-09 Presumed Complete california-constitution conflict-of-interest constitutional-authority false-claims-act gubernatorial-recall void-ab-initio Whether the California gubernatorial recall election and laws enacted during that period are void ab initio due to Governor Newsom's alleged lack of c…
23-7119 Brian J. Dorsey v. David Vandergriff, Warden Missouri 2024-04-02 Denied IFP appointed-counsel capital-murder conflict-of-interest constitutional-rights cuyler-v-sullivan flat-fee-contract ineffective-assistance ineffective-assistance-of-counsel strickland Whether, where appointed counsel in a capital case had a flat-fee contract and failed to investigate or challenge a capital murder charge to the clien…
23A876 Brian J. Dorsey v. David Vandergriff, Warden Missouri 2024-04-02 Denied capital-case conflict-of-interest effective-assistance flat-fee-contract ineffective-counsel sixth-amendment Whether a capital defendant's appointed counsel's flat-fee contract constitutes an actual conflict of interest that warrants a presumption of prejudic…
23-7031 Bryan Lee Gregory v. United States Eighth Circuit 2024-03-19 Denied Response WaivedIFP civil-rights conflict-of-interest due-process fair-trial habeas-corpus ineffective-assistance-of-counsel judicial-bias plea-waiver procedural-fairness standing Was judge bias in raising affirmative defense
23-6983 Christopher James Michelotti v. Austin Knudsen, Attorney General of Montana Ninth Circuit 2024-03-15 Denied Response WaivedIFP 5th-amendment brady-v-maryland civil-rights conflict-of-interest constitutional-rights criminal-procedure due-process ineffective-assistance jury-trial prejudicial-evidence sixth-amendment Were Christopher Mh cheloth's 5th amendment constitutional rights violated?
23-6985 Susmita Nayak v. Superior Court of California, Contra Costa County, et al. California 2024-03-15 Denied IFP case-categorization cert-worthy civil-procedure conflict-of-interest court-jurisdiction judicial-review legal-standing lower-courts Whether there is a possibility of conflict of interest between the lower courts pertaining to the filed civil case categorization and corresponding co…
23A802 Raj G. Shekar v. Illinois Illinois 2024-02-29 Presumed Complete conflict-of-interest constitutional-rights discretionary-review fourth-amendment judicial-bias prosecutorial-misconduct Whether the Fourth Amendment bars state court proceedings tainted by alleged judicial bias and prosecutorial misconduct when a judge and prosecutor ha…
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 Whether the Second Circuit wrongly denied a COA
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 Whether the court of appeals erred in denying petitioner's motion to recall its mandate when petitioner has demonstrated actual innocence or a change …
23-6737 Anthony F. Wainwright v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2024-02-13 Denied IFP attorney-misconduct conflict-of-interest due-process equitable-tolling evidentiary-hearing federal-procedure habeas-corpus ineffective-assistance rule-60b Whether habeas counsel's unsworn representations can rebut a petitioner's allegation of dishonesty
23-823 Maurice J. Salem v. Illinois Attorney Registration and Disciplinary Commission, et al. Seventh Circuit 2024-01-30 Denied appellate-review civil-rights conflict-of-interest due-process judicial-ethics judicial-recusal judicial-system public-confidence rule-12b sanctions standing whether-enforcing-28-usc-455(a)-will-restore-public-confidence
23-816 In Re Shiva Akula 2024-01-29 Denied Response Waived civil-rights conflict-of-interest district-court due-process financial-disclosure judicial-ethics judicial-impartiality judicial-recusal recusal standing venue Does district-court-judges have-to-disclose-financial-holdings
23-6536 Kidada Savage v. United States Third Circuit 2024-01-23 Denied Response WaivedIFP attorney-conflict-of-interest conflict-of-interest constitutional-rights due-process effective-assistance-of-counsel prejudice sixth-amendment trial-court-inquiry Whether the Third Circuit erroneously extended Cuyler v. Sullivan
23-744 Arthur Lopez v. Our Lady Queen of Angels Catholic Church California 2024-01-10 Denied Response WaivedRelisted (2) civil-procedure civil-rights conflict-of-interest due-process judicial-recusal recusal right-to-appeal self-represented-litigant standing Should Due Process be afforded to self-represented litigant in civil case against Catholic Church?
23-6284 David Pontier v. Joseph Dang, dba Law Office of Joseph Dang Ninth Circuit 2023-12-18 Denied IFP civil-procedure conflict-of-interest fdcpa federal-interpleader federal-jurisdiction interpleader judicial-ethics standing statute-of-limitations subject-matter-jurisdiction Question not identified.
23-5905 Daniel Kristof Lak v. California California 2023-10-27 Denied Relisted (2)IFP brady brady-disclosure conflict-of-interest conflicts-of-interest criminal-investigation criminal-procedure due-process impeachment-evidence law-enforcement law-enforcement-witness prosecutorial-ethics witness Whether a prosecutor's duty to disclose exculpatory and impeachment information under Brady should be extended to include mandating the disclosure of …
23-5892 Shane Woodgeard v. Timothy Heavlin, et al. Ohio 2023-10-26 Denied IFP abuse-of-discretion bond-setting case-consolidation change-of-venue civil-rights conflict-of-interest constitutional-rights criminal-procedure due-process judicial-discretion judicial-recusal venue-change Did a lower Court violate Rights in issuing an unheard of, $100,000 bond on a misdemeanor, when there was overwhelming evidence showing there was no c…
23-5541 Mark A. Hartle v. New York New York 2023-09-07 Denied Response WaivedIFP conflict-of-interest criminal-defense due-process ineffective-assistance-of-counsel judicial-inquiry professional-ethics professional-responsibility prosecutorial-misconduct right-to-counsel trial-strategy Is a criminal defendant denied their right to effective assistance of counsel when there are indications, of which the defendant was unaware, that tri…
23-5509 Vincent D. White, Jr. v. Michael Phillips, Warden Sixth Circuit 2023-09-01 Denied Response WaivedIFP adverse-effect concurrent-conflict conflict-of-interest constitutional-rights criminal-defense criminal-procedure due-process habeas-corpus hearsay-evidence ineffective-assistance 23-5508" mickens-standard post-conviction-relief sixth-amendment state-court trial-counsel Whether a state court's denial of post-conviction Whether a criminal-defense attorney, under indictment on charges of rape, kidnapping, and sexual assault, has a conflict of interest when simultaneous…
23A191 Anthony Kinney v. Supreme Court of New Hampshire New Hampshire 2023-08-30 Presumed Complete appellate-review attorney's-fees caperton-standard conflict-of-interest due-process judicial-recusal Whether a state trial judge's failure to recuse himself despite a financial interest in a party's law firm, combined with sua sponte ordering of unnec…
23-5359 James Thomas Burke v. Nick Deml, Commissioner, Vermont Department of Corrections, et al. Second Circuit 2023-08-15 Denied Response WaivedIFP conflict-of-interest constitutional-rights criminal-procedure defense-counsel due-process effective-assistance effective-assistance-of-counsel right-to-counsel sixth-amendment Whether Americans are lawfully entitled to conflict free defense counsel?
23-5349 Elbert Johnson v. Florida Florida 2023-08-14 Denied IFP conflict-of-interest due-process illegal-sentence judicial-bias judicial-conflict legal-error manifest-injustice sentencing trial-court witness-testimony Whether a circuit court judge's dual role as a witness and sentencer in the same case creates a conflict and reversible error when the judge imposes a…
23-5328 Charles D. Adams v. Merit Systems Protection Board Federal Circuit 2023-08-10 Dismissed Response WaivedIFP civil-rights conflict-of-interest discrimination due-process evidence-withholding retaliation security-clearance sixth-amendment-rights standing Whether CAFC made an error in their decision to dismiss CAFC 2023-1213
23-5330 Charles D. Adams v. Merit Systems Protection Board Federal Circuit 2023-08-10 Dismissed Response WaivedIFP administrative-procedure civil-rights conflict-of-interest discrimination due-process employment-discrimination evidence-withholding impartiality judicial-recusal retaliation sixth-amendment-rights Whether CAFC made an error in their decision to dismiss CAFC 2023-1213 (DC. 3443-22-0386-I-1)
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 Did the Ninth Circuit Court of Appeals err in failing to grant a certificate of appealability?
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 Should the 7th Circuit Court of Appeals have issued a certificate of appealability
23-5259 Ryan Lewis Hilyard v. Wyoming Wyoming 2023-08-01 Denied Response WaivedIFP appellate-review conflict-of-interest due-process equal-protection federal-rules-of-evidence fourteenth-amendment ineffective-assistance-of-counsel state-court-decisions Did the Wyoming Supreme Court apply and follow Federal Rules of Evidence correctly?
23-86 Christopher Bayre Chamberlin v. Hartog, Baer & Hand, APC, et al. Ninth Circuit 2023-07-31 Denied Response Waived access-to-courts appellate-review attorney-malpractice civil-rights conflict-of-interest due-process legal-ethics legal-malpractice pro-se-litigation Whether HBH's concealment of its family relationship with the adverse party violated the petitioner's constitutional rights to freely associate and ma…
23-17 Wisam R. Rizk v. United States Sixth Circuit 2023-07-05 Denied Response Waived bribery conflict-of-interest constitutional-vagueness criminal-law federal-jurisdiction honest-services statutory-interpretation undisclosed-self-dealing vagueness Under §1346 Honest Services, can 'conflict of interest' and 'undisclosed self-dealing' be used as the underlying criterion of guilt even when a kickba…
22-7901 Samuel Howard v. Renee Baker, Warden Ninth Circuit 2023-06-29 Denied Response WaivedIFP conflict-of-interest criminal-defense criminal-procedure habeas-corpus ineffective-assistance judicial-inquiry legal-representation prejudice right-to-counsel sixth-amendment Sixth-Amendment-violation
22-1204 William Muhr v. Dawna Braswell Colorado 2023-06-13 Denied Relisted (2) child-custody conflict-of-interest due-process equal-protection fourteenth-amendment judicial-assignment judicial-bias judicial-disqualification parental-rights Whether Petitioner's Fourteenth Amendment rights to due-process,equal-protection were violated when Colorado allowed disqualified,prejudiced Chief Jud…
22-7776 Saria Walker v. South Carolina Department of Social Services South Carolina 2023-06-13 Denied Response WaivedIFP civil-procedure civil-rights conflict-of-interest constitutional-rights court-procedure due-process judicial-bias legal-remedy standing Why is the Constitution Right To Due Process NOT being Upheld?
22-7777 Saria Walker v. R. Castriotta, et al. South Carolina 2023-06-13 Denied Response WaivedIFP appellate-procedure civil-procedure civil-rights conflict-of-interest constitutional-rights due-process judicial-bias rule-interpretation standing Why is the Constitution ~~ Right To Due Process ' NOT being Upheld ?
22-7749 Alen Dean O'Bryant v. Oklahoma Oklahoma 2023-06-09 Denied IFP conflict-of-interest due-process fourteenth-amendment judicial-bias judicial-ethics prosecutor prosecutorial-misconduct recusal trial-judge Did former Judge Henderson's secret extramarital affair create an unconstitutional potential for bias?
22-7688 Avery Smartt v. United States Seventh Circuit 2023-06-01 Denied Response WaivedRelisted (2)IFP civil-procedure civil-rights conflict-of-interest constitutional-rights criminal-procedure due-process human-trafficking ineffective-counsel judicial-misconduct speedy-trial standing Is an EBL agent allowed to proffer false and leave a mentally ill, pregnant minor at a residence, to a person that the agent states to have gotten a r…
22-7534 Charles Claude Ramsey v. Kimberly H. Runion, Director, Virginia Center for Behavioral Rehabilitation Fourth Circuit 2023-05-11 Denied IFP civil-rights conflict-of-interest constitutional-rights criminal-procedure due-process evidence fourth-circuit judicial-recusal self-incrimination standing state-law Whether the privilege against self-incrimination as set forth in Brown v. United States should be weighed against the need to put forward a defense th…
22-1060 Haywood Jackson Mizell v. Citizens Bank, et al. Eleventh Circuit 2023-05-02 Denied Response Waived bankruptcy-trustee conflict-of-interest fiduciary-duty procedural-violation promissory-note property-sale security-agreement standing subject-matter-jurisdiction Is it a conflict of interest for the Respondent's attorney to be appointed a Bankruptcy Chapter 7 Trustee that, after appointment, uses a 'perfected s…
22-7329 Robert Wayne Gillman v. Florida Florida 2023-04-20 Denied Response WaivedIFP conflict-of-interest fair-trial fraud judicial-abuse-of-discretion judicial-discretion manifest-injustice prosecutorial-misconduct structural-defect Is it manifest injustice when conflict-of-interest, prosecutorial-misconduct, judicial-abuse-of-discretion, and fraud deprive defendant of a fair tria…
22-854 David Archer v. Winn Dixie Stores, Inc., et al. Florida 2023-03-08 Denied civil-rights color-of-law conflict-of-interest constitutional-rights due-process judicial-immunity judicial-misconduct recusal standing Whether judges and court officers who contravened the law under 42 U.S.C. Section 1983 are immune from 'conflict of interest or lack of impartiality'
22-6852 Marvin Charles Gabrion, II v. United States Sixth Circuit 2023-02-23 Denied IFP adverse-witness attorney-client-privilege attorney-representation civil-procedure conflict-of-interest formal-appearance legal-ethics professional-conduct professional-responsibility standing Whether an attorney who provides legal advice to counsel of record without filing a formal appearance in the case can have a conflict of interest if t…
22-6811 A. B. v. West Virginia West Virginia 2023-02-17 Denied Response RequestedResponse WaivedRelisted (2)IFP 28-usc-2254 conflict-of-interest criminal-justice-system cuyler-standard cuyler-v-sullivan ineffective-assistance prejudice-standard strickland-test strickland-v-washington successive-conflict successive-representation Where a defendant's lawyer owed conflicting duties to her and a former client, should she receive a new trial if the actual conflict adversely affecte…
22-781 Fabio Ochoa v. United States Eleventh Circuit 2023-02-17 Denied Response Waived adverse-effect brady-violation conflict-of-interest cuyler-v-sullivan due-process giglio-material ineffective-assistance multiple-counsel plea-negotiations Whether the Eleventh Circuit's categorical rule barring a showing of adverse effect in the multiple-counsel context adequately protects defendants fro…
22-782 Carol Pulliam v. University of Southern California California 2023-02-17 Denied Response WaivedRelisted (2) civil-rights conflict-of-interest constitutional-law due-process fourteenth-amendment judicial-ethics recusal standing takings Do state court trial judges, court of appeal justices and supreme court justices 'war against the (United States) Constitution' by denying state litig…
22-6632 Michael A. Benanti v. United States Sixth Circuit 2023-01-25 Denied Response WaivedIFP civil-procedure civil-rights conflict-of-interest constitutional-challenge counsel criminal-defendant-rights due-process judicial-review legal-procedure lower-court-decision standing whether the Court failed to obtain a hearing and telling cost of Counsel
22-6449 Carl Anthony Wilson v. Texas Texas 2023-01-04 Denied IFP actual-innocence blood-draw conflict-of-interest constitutional-rights criminal-procedure due-process fourth-amendment ineffective-assistance ineffective-assistance-of-counsel search-warrant unreasonable-search-and-seizure Whether the warrantless blood draw violated the Fourth Amendment
22-6426 Delano Marco Medina v. United States Tenth Circuit 2022-12-30 Denied Response WaivedIFP breach-of-contract civil-rights conflict-of-interest constitutional-rights ineffective-assistance ineffective-counsel plea-agreement right-to-counsel sixth-amendment speedy-trial strickland-standard Question not identified
22-6433 Ricky Escobedo v. United States Fifth Circuit 2022-12-30 Denied Response WaivedIFP attorney-client-privilege conflict-of-interest fifth-amendment fourth-amendment ineffective-assistance ineffective-assistance-of-counsel sixth-amendment Violation of attorney-client privilege and right to effective assistance of counsel
22-6297 Kevin W. Malone v. Nebraska, et al. Eighth Circuit 2022-12-14 Denied Response WaivedIFP 14th-amendment 6th-amendment conflict-of-interest criminal-procedure due-process fourteenth-amendment ineffective-assistance-of-counsel legal-ethics sixth-amendment trial-bias Does the trial counsel's fraudulent behavior and conflict of interest violate the Petitioner's 6th & 14th Amendment right to conflict free counsel?
22-6251 Onofre Tommy Serrano v. California California 2022-12-07 Denied IFP appellate-procedure appointment-of-counsel civil-rights conflict-of-interest constitutional-rights due-process judicial-review medical-treatment reasonable-time-to-consult right-to-counsel Whether the court has a prompt duty to appoint counsel once indigency attaches
22-6221 Oscar J. Martinez-Hernandez v. United States First Circuit 2022-12-05 Denied Response WaivedIFP conflict-of-interest due-process effective-assistance-of-counsel fifth-amendment prosecutorial-misconduct sixth-amendment Whether former prosecutor's defense of defendant under same indictments violates 18 U.S.C. § 207 and defendant's constitutional rights
22-6181 Willie Speed v. Douglas Fender, Warden Sixth Circuit 2022-11-30 Denied Response WaivedIFP attorney-conflict conflict-of-interest criminal-procedure due-process effective-assistance ex-post-facto fourteenth-amendment sixth-amendment whether-an-attorney's-conflict-of-interest-deprived-petitioner-of-his-rights-under-the-sixth-and-fourteenth-amendments-to-effective-assistance-and-due…
22-6173 Steven D'Agostino v. Bunce Atkinson Third Circuit 2022-11-29 Denied IFP bankruptcy-trustee barton-doctrine chapter-7 chapter-7-bankruptcy conflict-of-interest prima-facie standing statutory-obligations trustee-handbook What is the significance and/or importance of the United States Trustee Office's Handbook for Chapter 7 Trustees?
22-6123 Brian David Hill v. United States Fourth Circuit 2022-11-21 Denied Response WaivedRelisted (2)IFP conflict-of-interest constitutional-rights due-process interlocutory-appeal judicial-blackmail judicial-independence judicial-misconduct special-master subpoena whistleblower Where the U.S. Court of Appeals did not properly and appropriately proceeded with two consolidated interlocutory appeals on the District Court's order…
22-6065 Samirkumar J. Shah v. United States Third Circuit 2022-11-16 Denied Response WaivedIFP adversarial-process conflict-of-interest criminal-procedure disqualification disqualification-motion due-process evidentiary-hearing prosecutorial-ethics prosecutorial-misconduct Whether the Petitioner was afforded a meaningful and fair adversarial process when the district court denied his motion to disqualify the United State…
22-6070 Charles Rochester v. City of New York, New York, et al. New York 2022-11-16 Denied IFP aba-rules attorney-misconduct conflict-of-interest constitutional-rights disqualification due-process judicial-misconduct legal-ethics pro-se pro-se-litigation Can the New York Supreme State Judge and the Opposing Attorney's join FORCER, to defeat pro-se, by being silent, on each one's Official Misconduct, in…
22-5955 Christopher Wade v. Florida Florida 2022-11-01 Denied IFP 14th-amendment 6th-amendment civil-rights conflict-of-interest constitutional-rights counsel-rights due-process effective-assistance effective-assistance-of-counsel petitioner-claims trial-court Did the petitioner's 14th Amendment rights to effective assistance of counsel under the U.S. Constitution and 6th Amendment due process rights under t…
22-5899 Dave V. Merritt v. Tennessee Tennessee 2022-10-26 Denied Response WaivedIFP appellate-counsel conflict-of-interest due-process equal-protection griffin-v-illinois ineffective-assistance post-conviction-relief ross-v-moffitt Whether Shinn v. Ramirez's holding petitioner 'at fault' for postconviction counsel's appellate errors gives indigent post-conviction appellants auton…
22-5849 David Keith Wills v. United States Fifth Circuit 2022-10-17 Denied Response WaivedIFP compulsory-process conflict-of-interest defense-witness dual-sovereignty due-process fair-trial federal-prosecutors perjury prosecutorial-misconduct witness-intimidation whether-federal-prosecutors-can-threaten-defense-witnesses
22-341 Nebraska, ex rel. Timothy L. Ashford, P.C. L.L.O., et al. v. Donald Kleine, et al. Nebraska 2022-10-13 Denied Response WaivedRelisted (2) 42-U.S.C.-1983 42-usc-1983 civil-rights conflict-of-interest constitutional-law due-process prosecutorial-recusal racial-discrimination standing Whether the Nebraska Supreme Court has decided an important question of constitutional law that has not been, but should be, settled by this Court whi…
22-5643 Derek Lee Casey, Jr. v. Texas Texas 2022-09-21 Denied IFP conflict-of-interest constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel plea-bargaining sentencing trial-counsel Whether the trial court and the court of criminal appeals erred by neglecting to address the amended ground in the findings of facts and conclusions o…
22-176 James Burkhart v. United States Seventh Circuit 2022-08-29 Denied Response Waived 28-usc-2255 adverse-effect conflict-of-interest counsel-conflict evidentiary-hearing guilty-plea ineffective-assistance post-conviction-relief sixth-amendment Whether the Seventh Circuit's formulation of the adverse effect standard under Cuyler v. Sullivan is too demanding, particularly in the guilty plea co…
22-5125 Mark A. Hill v. Ohio Ohio 2022-07-19 Denied IFP 26(B)-application appellate-counsel conflict-of-interest due-process fundamental-fairness ineffective-assistance ineffective-assistance-of-counsel lesser-included-offense plain-error post-conviction-relief procedural-due-process transcript Whether the 26(B) application for reopening proceeding was adequate and fundamentally fair
21-1611 Robert Koger v. United States Fourth Circuit 2022-06-29 Denied Response Waived conflict-of-interest criminal-defense criminal-investigation defense-counsel disclosure due-process reversal sixth-amendment witness witness-testimony Whether a criminal defendant establishes an actual unwaiveable conflict of interest that adversely affects counsel's representation
21-8193 Robert D. Keith v. Wisconsin Department of Workforce Development, et al. Seventh Circuit 2022-06-22 Denied Response WaivedIFP 11th-amendment civil-rights color-of-law conflict-of-interest due-process eleventh-amendment judicial-immunity state-court title-iv-d Does a State Judge have authority to preside over a case when they have a conflict of interest?
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 Was the denial of a COA proper?
21-8068 John Burke v. United States Second Circuit 2022-06-06 Denied Response WaivedIFP conflict-of-interest criminal-defense due-process ineffective-assistance ineffective-assistance-of-counsel rico-case right-to-testify withdrawal-defense witness-testimony Should an attorney afraid of their client be allowed to represent the client without the client's knowledge?
21-8053 Ron Delano Kuntz v. United States Third Circuit 2022-06-03 Denied Response WaivedIFP concurrent-representation conflict-of-interest crime-of-violence critical-stages cuyler-v-sullivan district-court jury-trial sentence-enhancement sixth-amendment Whether a conflict arises when trial counsel's concurrent representation ends prior to trial
21-7892 Abdul Samuels v. United States District of Columbia 2022-05-17 Denied Response WaivedIFP conflict-of-interest court-of-appeals due-process ineffective-assistance remand representation right-to-counsel sixth-amendment trial-counsel Did the court of appeals err in denying Petitioner—whose trial counsel had a conflict of interest because his child was applying for a job at the U.S.…
21-7768 Jowell Travis LeGendre v. Virginia Virginia 2022-05-04 Denied Response WaivedIFP conflict-of-interest constitutional-rights criminal-procedure due-process eighth-amendment fifth-amendment ineffective-assistance ineffective-counsel inquiry pre-trial Were my rights to due process prejudiced when the court failed to conduct inquiry concerning pre-trial claims of ineffective counsel?
21-1407 Symon Mandawala v. Northeast Baptist Hospital, et al. Fifth Circuit 2022-05-02 Denied Relisted (2) civil-rights conflict-of-interest conspiracy due-process judge judicial-bias lawyer section-1983 sixth-amendment Whether a judge's conspiracy with a private lawyer to obtain an out-of-time motion to dismiss violates due process
21-7757 Mark Stinson v. United States Sixth Circuit 2022-05-02 Denied Response WaivedIFP conflict-of-interest constitutional-provisions due-process fair-trial judicial-inquiry right-to-counsel sixth-amendment Whether a Judge inquire into the propriety of the issue?
21-7647 Lloyd Brice v. California California 2022-04-19 Denied Response WaivedIFP conflict-of-interest due-process fair-trial first-degree-murder ineffective-assistance ineffective-assistance-of-counsel motion-for-new-trial right-to-counsel right-to-fair-trial Did the Supreme Court err in failing to rule that the denial of the Motion for New Trial due to trial counsel's conflict of interest violated Petition…
21-7588 Gloria Marigny v. Centene Management Company LLC Seventh Circuit 2022-04-11 Rehearing Response WaivedRelisted (2)IFP 28-usc-144 appellate-review bias civil-rights conflict-of-interest district-court document-admissibility due-process federal-procedure judicial-recusal standing summary-judgment Why Judge Brett Ludwig Denied Motion for Recusal
21-7579 Taqwa Siddeeq v. DeKalb County, Georgia Eleventh Circuit 2022-04-08 Denied Relisted (2)IFP conflict-of-interest court-record due-process employee-response employee-rights government-counsel government-employment job-tenure loudermill-standard termination-intent Does due process exist under the Loudermill standard when government counsel withholds the employee's written response?
21-7561 Ana Duarte-Pineda v. United States Fourth Circuit 2022-04-06 Denied Response WaivedIFP appellate-counsel appellate-review conflict-of-interest criminal-procedure due-process indigent-defendant ineffective-assistance pro-se-response sixth-amendment sua-sponte-replacement Whether an appellate court has a duty to replace a defendant's appellate counsel with unconflicted counsel when the defendant's pro se response to an …
21-1257 Brian K. Evans, as Administrator of the Estate of Helen Marie Bousquet v. Ronald A. Marvin, et al. Massachusetts 2022-03-16 Denied appearance-of-impropriety conflict-of-interest due-process interests-of-justice judicial-bias judicial-ethics judicial-misconduct medical-malpractice recusal Was the judge's failure to disclose his wife's connection to the hospital appropriate?
21-7374 William A. Noguera v. Ronald Davis, Warden Ninth Circuit 2022-03-15 Denied Response WaivedIFP conflict-of-interest constitutional-right counsel-representation cuyler-v-sullivan holloway-v-arkansas ineffective-assistance ineffective-assistance-of-counsel sixth-amendment successive-representation Did the Ninth Circuit's opinion create a conflict with relevant decisions of this Court in concluding that Sullivan's standard applies only when a def…
21-7181 Mary Ellen Samuels v. Janel Espinoza, Warden Ninth Circuit 2022-02-24 Denied Response WaivedIFP california-supreme-court conflict-of-interest due-process ineffective-assistance-of-counsel legal-malpractice performance prejudice prejudice-presumption supreme-court-precedent Did the California Supreme Court unreasonably fail to apply clearly established Supreme Court precedent that requires prejudice to be presumed where a…
21-7177 Maurice O. Byrd, Jr. v. Raymond Byrd, Warden, et al. Sixth Circuit 2022-02-23 Denied Response WaivedIFP abandonment-of-appeal conflict-of-interest habeas-corpus ineffective-assistance-of-counsel post-conviction-relief prejudice structural-error Structural-error-on-appeal
21-1157 Dennis Spencer v. Colorado Colorado 2022-02-22 Denied Amici (2)Relisted (2) attorney-performance conflict-of-interest constitutional-rights cuyler-v-sullivan ineffective-assistance ineffective-assistance-of-counsel legal-representation multiple-clients personal-conflicts prejudice prejudice-standard Does Sullivan's standard apply only when a defense lawyer represents multiple clients with conflicting interests, or does Sullivan apply to other conf…
21-7162 Jose Jaime Lopez v. United States Seventh Circuit 2022-02-18 Denied Response WaivedIFP civil-rights conflict-of-interest criminal-intent due-process ex-parte-communications false-statement federal-agent judicial-bias knowingly-false materiality obstruction-of-justice public-confidence Whether it is consistent with this Court's holding in Caperton v. A.T. Massey Coal Co., 556 U.S. 868 and the imperatives of Due Process to require the…
21-7113 Gerald Wayne Jako, Jr. v. West Virginia West Virginia 2022-02-15 Denied IFP conflict-of-interest criminal-representation cuyler-v-sullivan ineffective-assistance inside-job-theory plea-bargain presumption-of-prejudice sixth-amendment sixth-amendment-right-to-counsel staged-crime witness-unavailability Whether the standard enunciated in Cuyler v. Sullivan applies when a defendant objects to counsel's representation after a conflict is revealed
21-6982 Robert Stanley Gordon v. Metropolitan Life Insurance Company Ninth Circuit 2022-01-27 Denied IFP benefits-denial conflict-of-interest custody erisa evidence evidence-retention long-term-disability plan-concealment Whether ERISA long-term disability benefits can be denied after years of plan concealment
21-6759 Darla Ray Jones v. D. K. Johnson, Warden Ninth Circuit 2022-01-05 Denied Response WaivedIFP conflict-of-interest criminal-defendant criminal-threats drug-possession due-process effective-assistance-of-counsel forgery habeas-corpus prosecution prosecutorial-misconduct Is a criminal defendant deprived of the effective assistance of counsel due to her lawyer's conflict of interest?
21-946 Michael Coscia v. United States Seventh Circuit 2021-12-28 Denied Response Waived 28-U.S.C-2255 adversely-affected conflict-of-interest Cuyler-v-Sullivan-446-U.S-335-1980 evidentiary-hearing ineffective-assistance Machibroda-v-United-States-368-U.S-487-1962 section-2255 supreme-court-precedent trial-counsel Whether a petitioner is entitled to an evidentiary hearing under 28-U.S.C-2255 to resolve his claim under Cuyler-v-Sullivan-446-U.S-335-1980
21-6691 Aaron Hicks v. United States Second Circuit 2021-12-22 Denied Response WaivedIFP acquitted-conduct conflict-of-interest counsel-representation criminal-procedure double-jeopardy issue-preclusion joint-trials right-to-counsel severance When a co-defendant is represented by counsel who previously represented the defendant, thereby creating an actual conflict of interest, may a court c…
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 Does a United States Court of Appeals have jurisdiction to deny a Motion for a Certificate of Appealability when the District Court's putative Final J…
21-859 The Montana State Legislature, et al. v. Beth McLaughlin Montana 2021-12-09 Denied Amici (1) conflict-of-interest due-process fourteenth-amendment judicial-bias judicial-ethics judicial-independence judicial-recusal legislative-investigation legislative-oversight recusal separation-of-powers Whether the refusal by the Justices of the Montana Supreme Court to recuse from a case in which they harbored direct, substantial, and admittedly disq…
21-6522 Mithun Banerjee v. Bank of America, N.A. Maryland 2021-12-06 Rehearing Response WaivedRelisted (2)IFP conflict-of-interest due-process fair-trial judicial-corruption judicial-disclosure judicial-ethics judicial-impartiality judicial-independence judicial-recusal recusal Will the US Supreme Court provide a fair trial to the Plaintiff where the Circuit Court Judges have conflicts of interest?
21-6409 Stephen Harmer v. Eric Armel, Superintendent, State Correctional Institution at Fayette, et al. Third Circuit 2021-11-24 Denied Response WaivedIFP attorney automatic-reversal conflict-of-interest criminal-procedure defendant due-process holloway-doctrine ineffective-assistance judicial-inquiry sixth-amendment trial-judge Does Holloway demand automatic reversal when a trial judge fails to inquire into a known conflict that a defendant could not object to because his att…
21-753 Trina L. Janura v. John J. Janura, Jr. West Virginia 2021-11-19 Denied 14th-amendment conflict-of-interest due-process fourteenth-amendment judicial-conduct judicial-discipline judicial-ethics judicial-investigation judicial-misconduct recusal Did the non-disclosure and non-recusal from either the circuit court or the West Virginia Supreme Court of Appeals both violate the petitioner's right…
21-6230 In Re Billy John Roberson 2021-11-10 Denied IFP 2nd-amendment aggravated-assault conflict-of-interest criminal-procedure due-process evidence-sufficiency judicial-conflict jury-instructions penal-code texas-penal-code Whether the petitioner was wrongfully convicted of aggravated assault with a deadly weapon despite not owning or having access to a firearm
21-6156 Vilasini Ganesh v. United States Ninth Circuit 2021-11-03 Denied Amici (1)Response WaivedIFP calendar-management conflict-of-interest counsel-conflict counsel-substitution criminal-procedure defendant-rights due-process sixth-amendment substitution trial-court-discretion Do Sixth Amendment safeguards require trial courts to inquire into existing conflicts between counsel and the defendant before a trial court may deny …
21-6133 Dean Rossi v. United States Third Circuit 2021-11-01 Denied Response WaivedIFP attorney-withdrawal conflict-of-interest criminal-procedure judicial-discretion necessary-witness prosecutorial-discretion right-to-counsel sixth-amendment standard-of-review Is a prosecution's claim that a defendant's lawyer is 'likely to be a necessary witness' an 'actual conflict' or 'serious potential conflict' overridi…
21-6141 Kenneth Pettway, Jr. v. United States Second Circuit 2021-11-01 Denied Response WaivedIFP conflict-of-interest due-process government-delay judicial-appointments prejudice speedy-trial when-the-government-successively-supersedes-an-indictment
21-5878 Linaker Charlemagne v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2021-10-05 Denied IFP civil-procedure conflict-of-interest constitutional-rights due-process evidentiary-hearing newly-discovered-evidence self-defense service-of-process Whether District Court departed from essential requirements of law by not perfecting service on Petitioner in a timely manner, which denied constituti…
21-5742 Steven Wayne Isbel v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-09-23 Denied IFP civil-rights conflict-of-interest constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sixth-amendment standing trial-counsel Whether the 3rd Circuit Court of Appeals has entered a decision that is in direct conflict with United States Supreme Court precedent and in conflict …
21-5750 Richard A. Waite v. Northern New Hampshire Correctional Facility New Hampshire 2021-09-22 Denied IFP appellate-procedure bar-regulations civil-rights conflict-of-interest due-process ethical-rules judicial-standards lawyer-conduct legal-ethics professional-responsibility standing Whether the conflict of interest between a public defender's office and its appellate division violates a defendant's constitutional right to effectiv…
21-5719 Edward Zinner v. United States Third Circuit 2021-09-20 Denied Response WaivedRelisted (2)IFP aedpa conflict-of-interest constitutional-rights criminal-procedure due-process fraud-on-the-court government-failure-to-admit-or-deny habeas-corpus hazel-atlas prosecutorial-misconduct when-prosecutors-conspire-with-known-conflicted-defense-counsel
21-5621 In Re Patrick Disanto 2021-09-08 Denied Relisted (2)IFP abuse-allegations child-custody civil-rights conflict-of-interest disability-rights due-process family-law judicial-bias judicial-hearing-officer parental-rights standing Does the judicial hearing officer possess the ability to view the complicated case from a non-biased perspective, without expressing his own misogyny …
21-5546 Fernando Rodriguez v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-09-01 Denied IFP conflict-of-interest counsel-switching due-process effective-assistance-of-counsel fifth-circuit fifth-circuit-review ineffective-assistance prosecutorial-ethics state-court state-legislature Whether the Fifth Circuit erred in deferring to the state court's ruling that Mr. Rodriguez was not prejudiced by his counsel switching sides in the s…
21-5557 Chasmind David Miller v. Government Employees Insurance Company, et al. Ninth Circuit 2021-09-01 Denied Response WaivedRelisted (2)IFP abuse-of-discretion appellate-review civil-procedure civil-rights conflict-of-interest court-conflict due-process judicial-discretion procedural-due-process standing summary-judgment Did the appellate court issue a decision that directly conflicted with an earlier decision in a case with the same issues?
21-5459 Bernabe Encarnacion v. Anthony J. Annucci, Acting Commissioner, New York Department of Corrections and Community Supervision, et al. Second Circuit 2021-08-24 Denied Response WaivedIFP appellate-jurisdiction civil-procedure civil-rights conflict-of-interest double-jeopardy due-process final-decision jurisdiction pro-bono-counsel standing summary-judgment Whether the court has jurisdiction over the defendants, and whether the court of appeals order was a final decision and this petition was timely filed
21-5390 Jeanette S. R. Lipinski v. Yolanda Castaneda, et al. Seventh Circuit 2021-08-18 Denied Response WaivedIFP civil-rights conflict-of-interest court-administration due-process federal-procedure judicial-bias judicial-conduct judicial-disability judicial-ethics judicial-misconduct recusal Judicial-misconduct
21-5383 Mark Stinson v. John P. Yates, Warden Eighth Circuit 2021-08-17 Denied Response WaivedIFP conflict-of-interest constitutional-provisions criminal-procedure due-process judicial-inquiry right-to-counsel sixth-amendment Whether a Judge must inquire into the propriety of the issue
21-5337 Garrett McElveen v. Illinois Illinois 2021-08-10 Denied IFP appellate-procedure civil-rights conflict-of-interest due-process ineffective-assistance-of-counsel legal-ethics Whether the Sixth District Appellate Court of Illinois erred in finding that the defendant's original public defender became the victim's attorney, th…
21-5309 Zachary Cooper v. Virginia Virginia 2021-08-06 Denied IFP actual-bias conflict-of-interest confrontation-clause due-process fraud judicial-bias judicial-conduct judicial-recusal standard-of-review state-judicial-conduct trial-procedure Due-process-recusal
21-5254 Baboucar Taal v. St. Mary's Bank, et al. New Hampshire 2021-07-29 Denied Response WaivedIFP access-to-courts civil-rights conflict-of-interest constitutional-rights due-process equal-protection fraud judicial-bias judicial-ethics judicial-recusal Whether a party is entitled to a new trial for violations of their 5th, 13th, and 14th Amendment rights when the state judge presiding over the case i…
21-53 James Dale Holcombe v. Florida Florida 2021-07-15 Denied Response RequestedResponse WaivedRelisted (12) conflict-of-interest criminal-defendant ineffective-assistance-of-counsel joint-and-dual-representation joint-representation presumed-prejudice prosecution-witness prosecutorial-notice trial Whether a criminal defendant establishes an 'actual' conflict of interest that adversely affects counsel's representation
20-1762 Ross R. Caliguri v. JPMorgan Chase Bank, National Association New York 2021-06-17 Denied Response Waived 14th-amendment appellate-review conflict-of-interest due-process judicial-decision mortgage-foreclosure state-court Whether the Court of Appeals of the State of New York was in a 'conflict of interest' position when it issued its Memorandum Decision dated December 1…
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 Does having biased jurors on a jury panel, one of which stated during voir dire questioning, 'murder is murder. I don't believe there's a defense for …
20-8219 Clark D. Young v. United States Sixth Circuit 2021-06-03 Denied Response WaivedIFP conflict-of-interest counsel-failure criminal-history due-process fifth-amendment fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel sentencing-enhancement sixth-amendment Whether the defendant was deprived of his Sixth, Fifth, and Fourteenth Amendment rights when counsel failed to investigate his criminal history
20-8149 Quinn Palacios Cruz, Jr. v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-05-26 Denied IFP conflict-of-interest criminal-procedure cuyler-test habeas-corpus individual-representation ineffective-assistance methodology-of-review multiple-representation supreme-court-review trial-counsel Whether the Cuyler test for ineffective assistance of counsel due to conflict of interest applies to individual cases of representation and not only t…
20-1567 Marshall Abbas Khan v. Clark County Enforcement, et al. Ninth Circuit 2021-05-12 Denied 11th-amendment administrative-capacity bill-of-attainder civil-rights color-of-law conflict-of-interest eleventh-amendment judicial-immunity subject-matter-jurisdiction Does a county/state judge have authority to preside over a case when they have a conflict of interest?
20-7869 Wilfredo Torres v. The Blackstone Group Second Circuit 2021-04-28 Denied Response WaivedIFP bias case-dismissal civil-procedure civil-rights conflict-of-interest due-process judicial-bias judicial-misconduct legal-mail standing whether-a-federal-judge-violated-due-process
20-1482 Cheri Lynne Melchione v. Timothy Temple Florida 2021-04-22 Denied civil-rights conflict-of-interest constitutional-rights court-review district-court-power due-process judicial-jurisdiction judicial-procedure jurisdiction standing supreme-court supreme-court-access Did the Florida Fifth District Court of Appeal's unchecked power to withhold or strip jurisdiction from the Florida Supreme Court to hear cases involv…
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 Has a petitioner substantially shown the denial of a constitutional right warranting issuance of a COA
20-1356 Eduardo Lopez v. United States Eleventh Circuit 2021-03-25 Denied appellate-rights conflict-of-interest counsel-disqualification criminal-procedure disqualification guilty-plea sixth-amendment structural-defect wheat-v-united-states Does a guilty plea automatically waive a defendant's right to appeal a structural defect in the underlying proceedings?
20-7515 Samuel Woody v. New Jersey New Jersey 2021-03-22 Denied Relisted (2)IFP conflict-of-interest criminal-procedure due-process false-allegations ineffective-assistance vindictive-behavior witness-testimony Whether counsel was ineffective for failing to investigate and call a witness with a potential conflict of interest who could speak to the alleged vic…
20-7337 Kevin Thurlow v. Michelle Edmark, Warden First Circuit 2021-03-05 Denied IFP conflict-of-interest constitutional-violation counsel-representation ineffective-assistance procedural-default sixth-amendment sixth-amendment-conflict-free-clause strickland-standard witness-testimony Did the petitioner's counsel provide ineffective assistance by failing to call, interview, and subpoena a witness?
20-7340 Christopher Welshans v. United States Third Circuit 2021-03-05 Denied Response WaivedIFP civil-rights conflict-of-interest constitutional-jurisdiction criminal-procedure due-process federal-prosecution oath-of-office positive-law standing Can the United States claim a constitutionally viable cause of action against the people?
20-7264 Graham Jay Sonnenberg v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-02-26 Denied IFP adverse-effect brady-material conflict-of-interest constitutional-rights cuyler-standard cuyler-v-sullivan indigent-defense ineffective-assistance ineffective-assistance-of-counsel trial-counsel Whether the prophylaxis of Cuyler should be extended to define the term 'adverse affect' to establish a demonstration test involving actual conflicts …
20-7182 Anton Tuomi v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2021-02-19 Denied Response WaivedIFP appellate-procedure conflict-of-interest faretta-rights faretta-v-california guilty-plea ineffective-assistance ineffective-assistance-of-counsel right-to-counsel waiver-of-rights Whether the petitioner was denied his right to counsel
20-7085 Thomas Hoey, Jr. v. United States Second Circuit 2021-02-08 Denied Response WaivedIFP attorney-client-privilege conflict-of-interest constitutional-rights criminal-procedure due-process harsher-punishment plain-text precedents sentencing-commission sentencing-guidelines Should lower courts interpret sentencing commission provisions to impose harsher punishment?
20-1071 West Virginia, ex rel. June Yurish, et al. v. Laura V. Faircloth, Judge, Circuit Court of West Virginia, 23rd Judicial Circuit, et al. West Virginia 2021-02-05 Denied 6th-amendment conflict-of-interest counsel-of-choice criminal-procedure due-process joint-representation sixth-amendment standing supremacy-clause Whether a state precedent violates the Supremacy Clause and the 6th Amendment
20-7063 Pablo Damiani-Melendez v. Robert May, Warden, et al. Third Circuit 2021-02-05 Denied Response WaivedIFP certiorari conflict-of-interest constitutional-rights constitutional-violations due-process fifth-amendment ineffective-assistance-of-counsel legal-challenge self-representation sixth-amendment supreme-court-review Whether the trial court violated Melendez's Sixth Amendment right under the United States and Delaware Constitution when it denied his verbal request …
20-1011 Cyrus Mark Sanai v. D. Joshua Staub, et al. Ninth Circuit 2021-01-27 Denied appellate-review circuit-conflict conflict-of-interest due-process judicial-disclosure judicial-ethics judicial-recusal whistleblower-protection younger-abstention Did the Ninth Circuit Court of Appeals err in refusing to require federal judges to disclose information relevant to disqualification?
20-6894 Macho Joe Williams v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. Ninth Circuit 2021-01-14 Denied IFP appellate-review civil-rights conflict-of-interest constitutional-interpretation criminal-appeal criminal-procedure due-process ineffective-assistance-of-counsel judicial-discretion sentencing sentencing-guidelines Whether the trial court abused its discretion when it denied Appellant's motion to review a 2019 order
20-954 Ohio, ex rel. Thomas E. Brinkman, Jr. v. Maureen O’Connor, et al. Ohio 2021-01-14 Denied civil-procedure conflict-of-interest due-process judicial-bias judicial-ethics judicial-recusal panel-composition procedural-fairness recusal standing Whether a judicial panel's refusal to recuse themselves when they are named parties in the case constitutes a due-process-violation
20-6749 Ricardo Morales v. Missouri, et al. Eighth Circuit 2020-12-31 Denied IFP 28-usc-1447c civil-procedure civil-procedure-violation conflict-of-interest due-process equal-protection federal-removal judicial-misconduct due-process-violation
20-6615 Cornell McHenry v. Texas, et al. Fifth Circuit 2020-12-11 Denied IFP conflict-of-interest constitutional-law criminal-procedure due-process evidence habeas-corpus ineffective-assistance judicial-discretion prosecutorial-misconduct standard-of-review witness-testimony Did the 11th Circuit err in deferring to the State Court finding that Mr. McHenry was not prejudiced by trial counsel's conflict of interest and failu…
20-777 In Re Darren Heyman 2020-12-08 Denied Response Waived 28-usc-455 conflict-of-interest due-process extrajudicial-relationship interlocutory-appeal judicial-recusal mandamus scope-of-employment Whether a presiding judge must recuse/disqualify themselves when the judge has active teaching ties with a named-party university
20-766 David Archer v. Winn Dixie Stores, Inc., et al. Florida 2020-12-04 Denied Response WaivedRelisted (2) civil-rights conflict-of-interest constitutional-rights due-process judicial-misconduct oath-of-office recusal standing Can States Statues Judges or Attorneys violate that State's Constitution, the Federal Constitution and Federal laws, pertaining to conflict-of-interes…
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 Right to counsel violation
20-6328 Christopher David Mayhall v. United States Fifth Circuit 2020-11-16 Denied Response WaivedIFP conflict-of-interest discretionary-review ineffective-assistance-of-counsel remand sixth-amendment supervisory-powers Whether the decision of the United States Court of Appeals for the Fifth Circuit denied an ineffective-assistance-of-counsel claim based on a conflict…
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 Whether the First Circuit applied a novel, harsher standard for issuing a certificate of appealability, denying due process and effective assistance o…
20-5849 Uzoma Igbonwa v. Facebook, Inc., et al. Ninth Circuit 2020-10-01 Denied IFP civil-rights conflict-of-interest due-process facebook free-speech immunity-provision ninth-circuit section-230 terms-of-service Whether Facebook was should be protected by the immunity provision of Section 230 of the Communication and Decency Act when they clearly violated its …
20-5840 James Robert Miller v. United States Ninth Circuit 2020-09-29 Denied IFP conflict-of-interest criminal-procedure due-process ethical-violations federal-jurisdiction indictment-dismissal prosecutorial-misconduct recusal Whether a prosecutor's initiation of an investigation in a case in which he has a personal and financial interest, and subsequent continued involvemen…
20-5788 Edward James Wilkins v. Washington Washington 2020-09-24 Denied IFP 6th-amendment capital-punishment civil-rights conflict-of-interest constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel post-conviction-relief Whether Mr. Wilkins' 6th Amendment constitutional right to a constitutionally sufficient trial was violated
20-5729 Amos Westmoreland v. Glen Johnson, Warden, et al. Eleventh Circuit 2020-09-17 Denied Response WaivedIFP actual-conflict-of-interest conflict-of-interest cuyler-v-sullivan due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel procedural-bar procedural-default sixth-amendment strickland-v-washington Does the 11th Circuit decision conflict with Martinez v. Ryan?
20-352 The Paine College v. The Southern Association of Colleges and Schools Commission on Colleges, Inc. Eleventh Circuit 2020-09-16 Denied accreditation administrative-procedure common-law common-law-due-process conflict-of-interest decision-making-body due-process federal-law higher-education procedural-rights quorum Whether a college's right of common law due process is violated in its accreditation removal proceeding when one-half of the members of the decision-m…
20-5635 Daniel Thomason Smith v. Warden, FCI Beaumont Fifth Circuit 2020-09-09 Denied Response WaivedRelisted (2)IFP allocution brady-violation conflict-of-interest due-process exculpatory-evidence false-witness identity-theft judicial-misconduct medicare-fraud mens-rea savings-clause Question not identified
20-5569 Carlos Garcia-Toro v. Ohio Ohio 2020-09-03 Denied Response WaivedIFP conflict-of-interest criminal-defense criminal-procedure fourteenth-amendment homicide ineffective-assistance right-to-counsel sixth-amendment Does the Sixth and Fourteenth Amendment of the federal Constitution guarantee the right to conflict free counsel if defense counsel represents multipl…
20-5519 Richard Wanke v. Illinois Illinois 2020-08-26 Denied Response WaivedRelisted (2)IFP arrest arrest-initiation conflict-of-interest constitutional-rights criminal-procedure due-process prosecution prosecutorial-delay public-defender speedy-trial When does an arrest initiate prosecution for speedy trial purposes?
20-5521 Wilbert Williams, aka Serenity Izabel Williams v. Beverly Kelly, Assistant Warden, et al. Fifth Circuit 2020-08-26 Denied IFP 8th-amendment civil-rights conflict-of-interest due-process eighth-amendment fourteenth-amendment gender-dysphoria medical-treatment prisoners-rights transgender transgender-rights Whether gender dysphoria is a serious medical condition and whether there is a conflict between the 5th Circuit and other U.S. Courts of Appeals
20-5296 A. I. v. M. A. New Jersey 2020-08-07 Denied Relisted (2)IFP civil-procedure conflict-of-interest due-process expert-reliability judicial-bias judicial-system legal-fees standing trial-reversal Should a litigant be fully responsible for legal and expert fees of a reversed trial when experts were unreliable and no bad faith is shown?
20-5304 Stephon Williams v. United States Eleventh Circuit 2020-08-07 Denied Response RequestedResponse WaivedRelisted (2)IFP adverse-effect conflict-of-interest criminal-trial cross-examination effective-assistance-of-counsel eleventh-circuit right-to-counsel sixth-amendment supreme-court-precedent witness-representation Whether Mr. Williams' Sixth Amendment right to conflict-free counsel was violated
20-5207 William Joe Long v. George Jaime, Warden Ninth Circuit 2020-07-29 Denied IFP 14th-amendment civil-rights conflict-of-interest constitutional-interpretation due-process equal-protection legislative-discretion prison-overcrowding separation-of-powers statutory-interpretation Whether the 14th Amendment's Equal Protection Clause applies to all citizens when the government enacts legislation
20-5162 Joseph Shane Terry v. United States Eleventh Circuit 2020-07-24 Denied Response WaivedIFP abuse-of-process attorney-ineffective conflict-of-interest constitutional-rights counsel-representation due-process ineffective-assistance plea-agreement witness-testimony Is an attorney ineffective and engaging in a conflict of interest
20-2 Hector L. Valentin v. City of Rochester, New York, et al. Second Circuit 2020-07-09 Denied Response Waived brady-rule civil-rights conflict-of-interest constitutional-bias due-process judicial-conflict judicial-ethics pro-se-litigation suppression-of-evidence Should the Brady Rule apply to a presiding Federal Judge who suppresses exculpatory and damaging material from a Pro Se litigant's civil rights lawsui…
19-8903 William Clyde Gibson, III v. Indiana Indiana 2020-07-06 Denied IFP conflict-of-interest constitutional-claim criminal-appeal culyer-v-sullivan due-process ineffective-assistance-counsel post-conviction-proceedings public-defender strickland-standard strickland-v-washington Whether the Indiana Supreme Court erred in determining Gibson's conflict of interest claim should be analyzed under Strickland v. Washington rather th…
19-8760 Stefan Stewart v. Florida Florida 2020-06-19 Denied Response WaivedIFP conflict-of-interest criminal-procedure cross-examination due-process ineffective-assistance right-to-counsel sixth-amendment trial-court-discretion witness witness-representation When the defense attorney previously represented the state's key witness who now has conflicting interests with the defendant, does this amount to a c…
19-8730 Westley Kennedy v. United States Eleventh Circuit 2020-06-17 Denied Response WaivedIFP 6th-amendment adversarial-process conflict-of-interest guilty-plea right-to-counsel sixth-amendment structural-error Did the denial of Westley Kennedy's right to conflict-free counsel constitute a structural error or a breakdown of the adversarial process that requir…
19-8671 Lakshmi Arunachalam v. Wells Fargo Bank, N.A. Federal Circuit 2020-06-11 Dismissed IFP chief-justice-roberts conflict-of-interest constitutional-redress government-issued-patents judicial-misconduct knights-of-malta patent-rights supreme-court-precedent supreme-court-precedents Whether Chief Justice Roberts' conflict of interest as a member of the Knights of Malta prejudices inventors' patent rights
19-8499 Ryan James Hoyt v. California California 2020-05-19 Denied Amici (1)IFP capital-defendant compulsory-process conflict-of-interest due-process materiality-review state-bar Whether California's denial of materiality review violates a capital defendant's due process right of inquiry or his right to compulsory process
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
19-8029 Lakshmi Arunachalam v. Lyft, Inc. Fifth Circuit 2020-03-18 Dismissed Relisted (2)IFP conflict-of-interest constitutional-emergency contract-clause corporate-infringement due-process government-contracts judicial-misconduct mutiny national-security patent patent-rights sedition separation-of-powers supreme-court supreme-court-precedent takings Whether Chief Justice Roberts engaged in conflict of interest against inventors as a member of the Knights of Malta with fealty to the Queen of Englan…
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 conclusory order without any precedent to rely on and there exists no sufficient basis for appellate court to review, w…
19-1083 Jeffrey A. Clouser v. Kim Doherty, et al. Delaware 2020-03-04 Denied Response Waived civil-rights conflict-of-interest constitutional-rights due-process equal-protection official-misconduct qualified-immunity sovereign-immunity state-tort-claims state-tort-claims-act whistleblower-protection Whether the Delaware Supreme Court's application of sovereign immunity unconstitutionally places state financial interests above individual rights
19-984 Mazie Slater Katz & Freeman, LLC v. Common Benefit Fee and Cost Committee Fourth Circuit 2020-02-06 Denied common-benefit-fund conflict-of-interest court-appointed-committee due-process fee-allocation multidistrict-litigation self-dealing Whether federal courts must implement a process that comports with due process to determine the fee and expense allocation of common-benefit funds in …
19-7424 Christine Ham v. Superior Court of California, Santa Clara County, et al. California 2020-01-27 Denied IFP conflict-of-interest due-process fourteenth-amendment impartiality judicial-bias judicial-disclosure judicial-disqualification judicial-ethics judicial-independence judicial-recusal public-confidence Does an intolerable conflict exist when the Supreme Court of California and the Ninth Circuit squarely address whether the appearance of partiality su…
19-7396 Julio Mario Haro-Verdugo v. United States Ninth Circuit 2020-01-24 Denied Response WaivedIFP cronic due-process fifth-amendment sixth-amendment strickland conflict-of-interest criminal-procedure due-process federal-law fifth-amendment habeas habeas-corpus ineffective-assistance sixth-amendment strickland-standard Whether the District Court and the U.S. Court of Appeals for the Ninth Circuit's rejection of Petitioner's ineffective-assistance-of-counsel claim(s) …
19-7371 Larry Bentley, Jr. v. United States Seventh Circuit 2020-01-23 Denied Response WaivedIFP conflict-of-interest constitutional-law criminal-procedure due-process fourth-amendment narcotics-detection prejudice retroactive-application retroactivity search search-and-seizure Question not identified
19-7377 Gerald Adger v. New York New York 2020-01-23 Denied Response WaivedIFP 6th-amendment appeal appellate-counsel conflict-of-interest criminal-procedure due-process evidence ineffective-assistance ineffective-assistance-of-counsel legal-argument procedural-error right-to-counsel trial-counsel weight-of-evidence Was the appellate attorney ineffective assistance of counsel?
19-7237 Christopher L. Croom v. Illinois Illinois 2020-01-09 Denied Response WaivedIFP admonishment conflict-of-interest constitutional-rights criminal-procedure defendant judicial-admonishment jury-bias right-to-counsel trial-court trial-court-admonishment waiver Does a defendant knowingly waive the right to conflict-free counsel when the trial court merely admonishes the defendant that a conflict exists, witho…
19-7184 Stanley Brewer v. Robert F. Cunningham, Superintendent, Fishkill Correctional Facility Second Circuit 2020-01-07 Denied Response WaivedIFP 14th-amendment conflict-of-interest due-process habeas-corpus ineffective-assistance judicial-bias judicial-misconduct miller-el-standard prosecutorial-misconduct Did the United States Court of Appeals Second Circuit misapply the ruling in Miller-El v. Cockrell?
19-7093 Oscar Ibarra v. Nick Ludwick, Warden Eighth Circuit 2019-12-31 Denied Response WaivedIFP conflict-of-interest criminal-procedure indigent-defendant ineffective-assistance murder right-to-counsel sixth-amendment Does the Sixth Amendment permit an office to represent an indigent defendant in a First Degree Murder case if the office previously represented both a…
19-822 Laurie A. White, Judge, Section A of the Orleans Parish Criminal District Court, et al. v. Alana Cain, et al. Fifth Circuit 2019-12-31 Denied Response Waived conflict-of-interest constitutional-conflict criminal-procedure due-process federal-jurisdiction fines-and-fees judicial-disqualification judicial-impartiality state-court-funding state-court-jurisdiction Does the federal court have jurisdiction to disqualify state criminal court judges from adjudicating matters, over which they have exclusive jurisdict…
19-6998 Patrick Kofalt v. United States Third Circuit 2019-12-18 Denied Response WaivedIFP 2255-motion conflict-of-interest due-process plea-agreement fourth-amendment fourth-amendment ineffective-assistance ineffective-assistance-of-counsel judicial-procedure judicial-shell-game nix-v-whiteside plea-agreement sixth-amendment Does controlling authority from the Supreme Court in Nix v. Whiteside, 475 US 157 (1986), hold that all ineffective assistance of counsel waivers are …
19-6974 Wilfredo Torres v. Bellevue South Associates LLP, et al. Second Circuit 2019-12-17 Denied Response WaivedIFP conflict-of-interest due-process federal-judiciary judicial-conflicts-of-interest judicial-ethics judicial-impartiality judicial-independence judicial-misconduct judicial-oversight judicial-recusal statutory-interpretation Whether 18 U.S.C. Section 455(a) is unconstitutionally vague, ambiguous, arbitrary, capricious, and violates due process of law
19-6914 Levi Rockefeller v. California California 2019-12-11 Denied IFP 6th-amendment civil-rights collusion conflict-of-interest constitutional-rights counsel court-procedure due-process fifth-amendment ineffective-assistance-of-counsel judicial-misconduct legal-ethics sixth-amendment trial-procedure Did the court err by failing to inquire, explore, and/or avoid potential conflicts of interest by creating a scenario equivalent to collusion or couns…
19-6844 Fabian Santiago v. Arthur F. Hill, Associate Judge, Circuit Court of Illinois, Cook County Illinois 2019-12-05 Dismissed Response WaivedIFP conflict-of-interest constitutional-rights criminal-conspiracy cruel-and-unusual-punishment due-process equal-protection fair-trial habeas-corpus impartial-adjudication ineffective-assistance-of-counsel judicial-misconduct legal-representation right-to-counsel Whether the refusal of the legal representative of the Petitioner to disclose a conflict of interest and the judge's failure to address this issue con…
19-6856 James W. Riley v. Delaware Delaware 2019-12-05 Denied Response WaivedRelisted (2)IFP capital-punishment conflict-of-interest constitutional-rights criminal-procedure due-process evidentiary-considerations fair-trial ineffective-assistance-of-counsel judicial-misconduct judicial-review right-to-counsel right-to-fair-trial sentencing sentencing-discretion Should Abns courct extend Ts Hucsh wv. Florida cubug
19-6871 Justin Vazquez v. United States Second Circuit 2019-12-05 GVR IFP 6th-amendment civil-rights conflict-of-interest confrontation-clause constitutional-rights due-process evidence-admission ineffective-assistance jury-selection professional-conduct sentencing speedy-trial trial-procedure Whether assigned counsel were ineffective in violation of the 6th Amendment
19-709 Mako One Corporation, et al. v. Cedar Rapids Bank and Trust Company Eighth Circuit 2019-12-04 Denied Response Waived circuit-split civil-procedure civil-rights conflict-of-interest due-process evidentiary-hearing judicial-remedy remand reversal structural-error When a Circuit Court finds opposing counsel has an actual and serious conflict of interest in a civil case, should the Court view the conflict as a 's…
19-6814 Issac Efren Jimenez v. California California 2019-12-03 Denied IFP attorney-client-privilege attorney-ethics attorney-representation conflict-of-interest criminal-law criminal-procedure ethics former-client legal-ethics leniency prosecutorial-discretion witness-testimony Whether an attorney in a criminal case may subsequently represent a client who seeks leniency in exchange for testimony in a pending case against that…
19-690 Tina Neville v. Janet Dhillon, Chair, Equal Employment Opportunity Commission, et al. Fifth Circuit 2019-11-29 Denied Relisted (2) 32-U.S.C.-§-709 civil-rights conflict-of-interest dual-status-technician due-process eeoc EEOC-access feres-doctrine incident-to-service military-civilian-employment military-function national-guard title-vii workplace workplace-discrimination Whether the Feres Doctrine invalidates Title VI remedies for workplace discrimination experienced by a dual-status technician while performing civilia…
19-6750 Ronnie R. Ceasar v. Louisiana Louisiana 2019-11-25 Denied Response WaivedIFP abuse-of-power civil-rights conflict-of-interest due-process equal-protection prosecutorial-misconduct protected-class racial-animus Whether the prosecution of a case by a local district attorney violates due process and equal protection rights when the prosecution is motivated by r…
19-6698 Amon Rweyemamu Mtaza v. United States Fifth Circuit 2019-11-20 Denied Response WaivedRelisted (2)IFP 4th-amendment civil-rights conflict-of-interest due-process fourth-amendment ineffective-assistance ineffective-assistance-of-counsel involuntary-consent plain-view-doctrine probable-cause search-and-seizure sixth-amendment venue-defense wire-fraud Whether the petitioner's Fourth Amendment rights were violated by an unlawful arrest, unlawful search and seizure, and involuntary coerced consent
19-6568 Kenisha S. Boyd v. Texas Department of Criminal Justice Fifth Circuit 2019-11-08 Denied IFP acceptance attorney-authority bona-fide-settlement conflict-of-interest contingent-contract contract-formation contract-rejection judicial-discretion mediation mediation-procedure rejection settlement-agreement Whether a bona fide settlement between the parties exists when the agreement is contingent in nature, and one party has the right to reject the offer …
19-6534 Saad Bahoda v. Sherman Campbell, Warden Sixth Circuit 2019-11-06 Denied Response WaivedIFP appellate-procedure Bunkley-v-Florida conflict-of-interest effective-assistance-of-counsel evidentiary-hearing forged-affidavits ineffective-assistance-of-counsel jury-instructions michigan-law People-v-Triplett plain-error self-defense sixth-amendment witness-conflict Whether petitioner was denied his Sixth Amendment right to effective assistance of counsel at trial
19-6366 Spencer Kerry Curtiss v. North Dakota North Dakota 2019-10-24 Denied Response WaivedIFP 6th-amendment conflict-of-interest constitutional-rights conviction criminal-procedure due-process ineffective-assistance right-to-counsel standing statutory-interpretation Can a state's duty to provide guarantee of counsel in a criminal action be duly fulfilled when supplied representation is in violation of conflict-of-…
19-515 Baldassare Amato v. United States Second Circuit 2019-10-21 Denied adverse-effect automatic-reversal conflict-of-interest cuyler-v-sullivan evidentiary-hearing holloway-v-arkansas ineffective-assistance ineffective-assistance-of-counsel sixth-amendment Whether Sixth Amendment analysis under Cuyler v. Sullivan applies to both successive and concurrent conflicts
19-6314 Ralph Willard Savoie v. United States Fifth Circuit 2019-10-21 Denied Response WaivedIFP conflict-of-interest criminal-procedure due-process haymond-v-united-states parole plea-agreement precedent sentencing statutory-interpretation suborned-perjury supervised-release supreme-court supreme-court-precedent united-states-v-watts waiver-of-appeal Can United States v. Watts stand in light of recent holdings in Haymond v. United States?
19-6325 Dewayne Barnes v. Sentry Management, Inc., et al. Eighth Circuit 2019-10-21 Denied IFP civil-procedure conflict-of-interest discovery dismissal-order due-process in-forma-pauperis res-judicata speedy-trial standing trial-court Can defendants the St. Regis Apartments claim res-judicata
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 What effect does a concession on ineffective assistance of counsel have on the court's ability to adjudicate the merits?
19-6077 Ruben Moreno Herrera v. Ralph Diaz, Secretary, California Department of Corrections and Rehabilitation Ninth Circuit 2019-09-26 Denied IFP civil-rights compulsory-process conflict-of-interest constitutional-rights criminal-procedure dna-evidence due-process evidence-exclusion evidentiary-exclusion fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel sixth-amendment Whether the exclusion of all reliable and relevant material evidence, including the testimony of the defendant's first-hand witness, violated the defe…
19-6032 Earnest Lee Langston v. Missouri Board of Probation and Parole Missouri 2019-09-23 Denied Relisted (2)IFP administrative-law administrative-review collateral-estoppel conflict-of-interest constitutional constitutional-law due-process ex-post-facto parole parole-regulation res-judicata state-regulation statute-of-limitations Whether the ex post facto clause is violated when a newly modified state parole regulation is applied
19-5880 Andrew Joseph Larson v. Michael Pacheco, Warden Wyoming 2019-09-10 Denied Response WaivedRelisted (2)IFP civil-procedure conflict-of-interest constitutional-rights constructive-denial-of-counsel criminal-procedure due-process habeas-corpus jurisdiction name-change personal-jurisdiction presumption-of-guilt presumption-of-innocence standing state-department subject-matter trial-jurisdiction What are the necessary components for the trial court to be complete and hold jurisdiction over a case and was Avitabile's trial court complete?
19-290 Jay Nolan Renobato v. Bureau of the Fiscal Service Fifth Circuit 2019-09-04 Denied Response Waived antitrust antitrust-law authority-under-section-636-rule-72 bill-of-rights-excessive-government-power civil-rights conflict-of-interest constitution-application-judicial-proceedings-prop constitutional-interpretation due-process federal-jurisdiction government-power judicial-procedure judicial-transgressions-conflicts-miscarriages rule-12b1-subject-matter-jurisdiction standing subject-matter-jurisdiction treasury-regulations Whether Acts of Congress and the Constitution require their corrected application to judicial proceedings, property ownership, and interstate commerce…
19-5792 Randall Turner v. Tennessee Tennessee 2019-09-03 Denied IFP bias-adjudicator capital-adversary-procedures conflict-of-interest due-process equal-protection fifth-amendment fourteenth-amendment sixth-amendment statute-of-limitations structural-defect term-1 term-2 term-3 term-4 term-5 term-6 Whether the appellate court appeal process was fundamentally unfair and a denial of due process of law under the Fifth, Sixth and Fourteenth Amendment
19-5725 Charles Rochester v. The Fortune Society Second Circuit 2019-08-28 Denied Relisted (2)IFP anti-injunction-act civil-procedure civil-rights conflict-of-interest document-tampering due-process eeoc-review equal-employment fraud-upon-the-court jurisdictional-challenge obstruction-of-justice professional-responsibility retaliation tampering-with-documents whistleblower issues being raised
19-5628 Charles Rochester v. New York State Division of Human Rights, et al. New York 2019-08-20 Denied Response WaivedIFP abuse-of-discretion abuse-of-power administrative-law anti-injunction-act civil-rights conflict-of-interest discrimination-claims due-process equal-protection federal-jurisdiction investigative-misconduct state-court-proceedings tampering-with-evidence Does the United States District Court and United States Second Circuit Court of Appeals have a duty to protect jurisdiction and join a state case, and…
19-212 Hanh Thai Williams v. Succession of Fred Langford Houston Louisiana 2019-08-19 Denied Response Waived attorney-witness campaign-contributions civil-procedure conflict-of-interest due-process fourteenth-amendment judicial-bias judicial-conduct judicial-ethics procedural-fairness recusal standing Whether Armand Roos' participation as Plaintiff's attorney and primary witness was procedurally and evidentiary concern a violation of Due Process
19-5588 Luis Ordonez-Vega v. United States Fourth Circuit 2019-08-14 Denied Response WaivedIFP appeal appellate-counsel civil-rights conflict-of-interest criminal-procedure due-process inadequate-representation-of-counsel ineffective-assistance ineffective-assistance-of-counsel merit-review section-2255 waive waiver Did conflict of interest arise when appellate counsel's failed to raise non-frivolous merit(s) 'ineffective assistance of counsel' on defendant's firs…
19-5199 Billy John Roberson v. Rowlett Police Department, et al. Fifth Circuit 2019-07-17 Denied Relisted (2)IFP 2nd-amendment 2nd-amendment-rights absence-from-crime-scene aggravated-assault-elements assault-elements burden-of-proof conflict-of-interest criminal-procedure due-process insufficient-evidence penal-code second-amendment sentencing-issues standing texas texas-penal-code Whether the petitioner received a guilty verdict of aggravated assault with a deadly weapon despite not owning or having access to a firearm
19-5002 Jared Len Cruse v. Texas Texas 2019-06-28 Denied IFP 14th-amendment 4th-amendment cell-phone-evidence conflict-of-interest constitutional-rights due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel life-sentence search-and-seizure warrantless-search Whether the cell phone evidence was the product of a warrantless search and seizure and/or an illegal detention; and thus, whether this evidence can b…
18A1366 Julio Mario Haro-Verdugo v. United States Ninth Circuit 2019-06-27 Presumed Complete conflict-of-interest constitutional-violation fair-trial ineffective-assistance prosecutorial-misconduct sixth-amendment Whether a criminal defendant's Sixth Amendment right to effective assistance of counsel is violated when an undisclosed romantic relationship exists b…
18-9669 Floyd M. Chodosh, et al. v. Palm Beach Park Association California 2019-06-14 Denied Relisted (2)IFP adr-employment appellate-procedure civil-procedure conflict-of-interest due-process judicial-bias judicial-ethics judicial-recusal recusal standing Whether the California Court of Appeal, Fourth District, Div. 3 justices should have recused themselves from the appeal of a judgment against the peti…
18-1503 Nagel Rice, LLP, et al. v. Volkswagen Group of America, Inc., et al. Ninth Circuit 2019-06-03 Denied Response Waived attorneys-fees circuit-split class-action class-action-litigation class-action-settlement conflict-of-interest constitutional-infirmity counsel-fees due-process equal-protection lead-counsel pre-appointment-work unequal-plaintiff-classes Whether non-class counsel is entitled to an award of counsel fees and costs for pre-appointment work, whether a class action settlement agreement prov…
18-9241 Sealed Appellant v. Sealed Appellee Fifth Circuit 2019-05-13 Denied Response WaivedRelisted (2)IFP attorney-client-privilege attorney-representation civil-rights conflict-of-interest criminal-investigation criminal-procedure cuyler-v-sullivan due-process prosecutorial-ethics right-to-counsel strickland-v-washington structural-error When a lawyer is named as a suspect in the same criminal investigation as his client, should lower courts review the conflict under Cuyler v. Sullivan…
18-8952 Boris Murphy v. United States Fourth Circuit 2019-04-23 Denied Response WaivedIFP 2255-motion 6th-amendment conflict-of-interest deficient-performance direct-appeal due-process fifth-amendment ineffective-assistance ineffective-assistance-of-counsel plea-bargaining sixth-amendment Did the Fourth Circuit review the District Court's error in denying petitioner's 28 U.S.C. 2255 claim de novo that was based on conflict of interest a…
18-8818 Cornell D. Reynolds v. Randall Hepp, Warden Seventh Circuit 2019-04-15 Denied Response RequestedResponse WaivedRelisted (3)IFP appeal appellate-rights appointed-counsel attorney-client attorney-compensation conflict-of-interest due-process indigent-defendant indigent-defense statutory-provisions Should the conflict of interest doctrine be extended to include financial conflicts between attorney and client; and/or whether a state creates a fata…
18-8750 Alex A. Campbell v. United States District Court for the Northern District of Illinois Seventh Circuit 2019-04-09 Denied Response WaivedIFP 28-usc-144-455 conflict-of-interest constitutional-violation due-process ex-parte-communication fifth-amendment ineffective-assistance judicial-ethics judicial-misconduct pro-se recusal Must a judge recuse himself after improper ex parte communication?
18-8495 Leroy Scott v. United States Fourth Circuit 2019-03-22 Denied Response WaivedIFP brady-violation conflict-of-interest death-penalty ineffective-assistance ineffective-assistance-of-counsel missouri-v-frye plea-agreement plea-bargaining right-to-counsel Whether counsel's ineffectiveness conflicts with the holding in Missouri v. Frye
18-1215 Alvin S. Kanofsky v. City of Bethlehem, Pennsylvania Pennsylvania 2019-03-19 Denied Response Waived abuse-of-power civil-rights code-enforcement conflict-of-interest conservatorship due-process government-corruption government-misconduct judicial-misconduct municipal-liability property-rights trespass Whether the City of Bethlehem, Pennsylvania acted fraudulently and corruptly in its treatment of the petitioner, Alvin S. Kanofsky, and violated his p…
18-8370 Lonnie Eugene Lillard v. United States Ninth Circuit 2019-03-11 Denied Response WaivedIFP appellate-review conflict-of-interest constitutional-rights criminal-appeal criminal-procedure discretion due-process federal-procedure ninth-circuit self-representation What procedural safeguards are afforded to federal criminal defendants when an Appellate Court panel exercises its discretion in deciding whether or n…
18-8240 Howard Anthony Moniz v. Michigan Michigan 2019-03-06 Denied IFP conflict-of-interest due-process judicial-disqualification judicial-impartiality post-conviction-relief prosecutorial-bias prosecutorial-misconduct recusal recusal-standard Should the State Circuit Court Judge be disqualified from ruling on a collateral appeal for relief from judgment where he personally opposed post-conv…
18-8273 Cecilio Cuero Payan v. United States Eleventh Circuit 2019-03-06 Denied IFP conflict-free-attorney conflict-of-interest criminal-defendant criminal-procedure ineffective-assistance ineffective-assistance-of-counsel plea-agreement right-to-counsel sixth-amendment waiver Whether, under the sixth amendment, a criminal defendant may waive his right to raise a claim of ineffective assistance of counsel as part of a plea-a…
18-8247 Patrick Joseph Kofalt v. United States Third Circuit 2019-03-04 Denied Response WaivedIFP conflict-of-interest constitutional-rights counsel-waiver due-process ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining right-to-counsel sixth-amendment waivers Are all ineffective assistance of counsel waivers per se invalid because they violate the Sixth Amendment's right to conflict-free representation?
18-8208 In Re Donivan Diaz 2019-03-01 Denied IFP civil-rights conflict-of-interest constitutional-rights due-process fair-notice fourteenth-amendment mandamus mandamus-petition professional-conduct state-bar-act Whether the California Supreme Court abused its discretion and/or committed plain error by failing to follow the State Bar Act, Rule 3-700(a) and depr…
18-8172 Corinthian Bostic v. United States Eleventh Circuit 2019-02-28 Denied Response WaivedIFP attorney-withdrawal conflict-of-interest due-process fifth-amendment indigent indigent-defendant ineffective-assistance motion-to-withdraw pre-trial-hearing pre-trial-motion right-to-appeal Did the pre-trial judge abuse its discretion by denying Bostic's appointed attorney's motion to withdraw where Bostic and his trial counsel had a conf…
18-8198 Brandon Lisi v. United States Second Circuit 2019-02-28 Denied Response WaivedIFP appellate-review appellate-waiver conflict-of-interest criminal-procedure curcio-hearing guilty-plea ineffective-assistance ineffective-assistance-of-counsel plea-bargaining plea-withdrawal sentencing sentencing-challenge whether-petitioner's-guilty-plea-was-involuntary
18-8151 Loren Williamson, III v. Charles L. Ryan, Director, Arizona Department of Corrections, et al. Ninth Circuit 2019-02-27 Denied Response WaivedIFP 28-usc-2254a 28-usc-2254d conflict-of-interest due-process due-process-equal-protection-disparity equal-protection parties-to-the-proceeding post-conviction post-conviction-process right-to-counsel sixth-amendment sixth-amendment-right-to-counsel Whether a Certificate of Appealability should issue
18-8060 Glenn S. Solberg v. First National Bank and Trust Co. of Williston, et al. North Dakota 2019-02-21 Denied Response WaivedRelisted (3)IFP 7th-amendment amendment-violation civil-procedure civil-rights conflict-of-interest constitutional-rights due-process judicial-discrimination jury-trial standing Whether I should have been granted a jury trial after petitioning the ND Supreme Court three times abiding by the law in the 7th amendment
18-1076 In Re Robert K. Hudnall 2019-02-19 Denied Response WaivedRelisted (2) civil-rights conflict-of-interest due-process hearsay hearsay-evidence jurisdiction personal-jurisdiction secret-hearing service-of-process standing subject-matter-jurisdiction Whether a State Supreme Court with only appellate jurisdiction can exercise personal jurisdiction without proper service of process, take subject matt…
18-7937 Jaques J. Sullivan v. Scott Lewis, Warden Fourth Circuit 2019-02-13 Denied Response WaivedIFP civil-procedure conflict-of-interest constitutional-rights criminal-procedure dementia due-process fourteenth-amendment ineffective-assistance-of-counsel legal-malpractice sixth-amendment standing Did the lower courts err in dismissing the petitioner's claim of actual conflict of interest due to trial counsel's dementia, which resulted in ineffe…
18-7885 Christopher VanGuilder v. Daniel Martuscello, Superintendent, Coxsackie Correctional Facility Second Circuit 2019-02-11 Denied Response WaivedRelisted (2)IFP conflict-of-interest criminal-procedure due-process entrapment-defense grand-jury ineffective-assistance ineffective-assistance-of-counsel prejudicial-testimony right-to-counsel sixth-amendment supplemental-instructions supplemental-jury-instructions Whether United States District Second Circuit Court Of Appeals and or said Lower Court's Erred in Failing to grant Petitioner's Ineffective Assistance…
18-7898 Latwang Janell Reid El Bey v. North Carolina, et al. North Carolina 2019-02-11 Denied Response WaivedIFP abuse-of-discretion civil-procedure civil-rights conflict-of-interest due-process habeas-corpus judicial-discretion right-to-be-heard standing temporary-restraining-order Did Judge MILTON F. FITCH, JR. err by denying the petitioner the right to a hearing and the opportunity to be heard?
18-7901 Darrius DaJuan Cohee v. James Yates, Warden Tenth Circuit 2019-02-11 Denied IFP abuse-of-discretion conflict-of-interest constitutional-rights due-process evidentiary-hearing guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel post-conviction-relief right-to-appeal Was Petitioner's Counsel Ineffective For Failing To File Petitioner's Motion To Withdraw Guilty Plea
18-1020 Veeramuthu P. Gounder v. Communicar, Inc., et al. New York 2019-02-06 Denied case-consolidation civil-procedure Conflict-of-interest consolidation Discovery due-process Examination-before-trial judicial-ethics judicial-misconduct judicial-review pro-se-litigation standing subpoena Subpoena-Duces-Tecum Whether consolidation of three separate cases without a motion and overriding by another judge is legal and ethical
18-7644 Carlos Benitez v. James Key, Superintendent, Airway Heights Corrections Center Ninth Circuit 2019-01-29 Denied Response WaivedIFP appellate-review conflict-of-interest constitutional-provisions criminal-procedure due-process effective-counsel evidentiary-hearing habeas habeas-corpus legal-claim right-to-counsel sixth-amendment standard-of-appealability standard-of-review Did trial counsel have a conflict of interest by simultaneously representing Mr. Benitez and a defense witness?
18-7477 Ja'Juan Williams v. Dean Minor, Warden Eighth Circuit 2019-01-17 Denied IFP actual-innocence conflict-of-interest constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel post-conviction-relief Was trial counsel ineffective for not raising issue of actual innocence?
18-7440 Christopher Whitman v. United States Eleventh Circuit 2019-01-16 Denied Response WaivedIFP 11th-circuit appeal appellate-procedure conflict-of-interest disqualification due-process effective-assistance-of-counsel ineffective-assistance-of-counsel judicial-discretion juror-bribery plain-error-review sentencing-guidelines standing Should the appeals court have appointed an attorney who did not have a conflict of interest?
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?
18-7299 Leon Tony Parker, Jr. v. Texas Texas 2019-01-10 Denied IFP conflict-of-interest counsel-of-choice counsel-withdrawal court-procedure due-process judicial-discretion motion-resolution motion-to-substitute motion-to-substitute-counsel motion-to-withdraw record-keeping right-to-counsel trial-court-discretion trial-fairness Does the highest state court's decision conflict with the United States Supreme Court's guarantee to be represented by counsel of one's own choice?
18-800 Linda Shao v. McManis Faulkner, LLP California 2018-12-21 Denied Relisted (2) appeal appeal-dismissal california-rules-of-court conflict-of-interest court-procedure dismissal due-process fraud insufficient-records judicial-ethics judicial-misconduct notice procedural-deception Does due process require reversal of the dismissal of appeal based on the fact that the California 6th District Court of Appeal fraudulently dismissed…
18-7099 Richard Allen Ratushny v. Kevin Kauffman, Superintendent, State Correctional Institution at Huntingdon, et al. Third Circuit 2018-12-20 Denied IFP Brady-v-Maryland brady-violation conflict-of-interest crimen-falsi due-process right-to-counsel sixth-amendment welfare-fraud Was the petitioner denied his Sixth Amendment right to counsel?
18-7083 Sylvia Ogbenyeanu Walter-Eze, aka Sylvia O. Okam v. United States Ninth Circuit 2018-12-18 Denied Response WaivedIFP conflict-of-interest constitutional-standards constructive-denial-of-counsel counsel-conflict critical-stage fundamental-fairness ninth-circuit presumed-prejudice structural-error waiver Whether the Court of Appeals of the Ninth Circuit erred in not applying the per se presumed prejudice rule
18-7030 S. R. v. West Virginia Department of Health and Human Resources, et al. West Virginia 2018-12-14 Denied IFP child-custody civil-rights conflict-of-interest due-process family-law judicial-bias judicial-ethics judicial-misconduct judicial-recusal procedural-fairness recusal standing Whether the West Virginia Supreme Court of Appeals erred in reversing the lower court's decision in favor of the petitioner
18-762 Jaime Valente Pina, Jr. v. United States Sixth Circuit 2018-12-14 Denied Relisted (2) conflict-of-interest criminal-indictment federal-prosecution plea-bargaining pre-indictment right-to-counsel sixth-amendment state-charges state-prosecution Whether the Sixth Amendment right to counsel attaches before the filing of a formal federal criminal charge
18-7028 Jameel Simpson v. James Erkerd, et al. Third Circuit 2018-12-13 Denied Response WaivedIFP actual-innocence conflict-of-interest constitutional-rights criminal-defense criminal-procedure effective-assistance effective-assistance-of-counsel prejudice sixth-amendment wrongful-conviction Petitioner was denied effective assistance of counsel due to conflict of interest
18-669 Shane M. Gates v. Walter Reed, et al. Fifth Circuit 2018-11-21 Denied Response Waived civil-rights conflict-of-interest criminal-procedure criminal-prosecution due-process hobbs-act insurance-interference malicious-prosecution prosecutorial-misconduct substantive-due-process Whether a District Attorney violated the Hobbs Act and denied due process by prosecuting a misdemeanor case at the behest of a liability insurer
18-640 Nicholas Bernard Acklin v. Alabama Alabama 2018-11-16 Denied Amici (2) attorney-client-relationship conflict-of-interest criminal-defense death-penalty fourteenth-amendment ineffective-assistance-counsel ineffective-assistance-of-counsel sixth-amendment third-party-payment Whether a criminal defendant is deprived of his Sixth and Fourteenth Amendment rights to conflict-free counsel
18-6680 Roberto Moreno Ramos v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2018-11-14 Denied IFP calderon-v-thompson circuit-court conflict-of-interest counsel-conflict death-penalty due-process habeas-corpus ineffective-assistance-of-counsel mandate-recall miscarriage-of-justice standard-of-review Did the Fifth Circuit err in applying the 'miscarriage of justice' standard and demanding clear and convincing evidence that no reasonable juror would…
18-6649 Thelma R. Davis v. Brown & Dortch LLC, et al. Maryland 2018-11-13 Denied IFP americans-with-disabilities-act attorney-representation civil-procedure civil-rights conflict-of-interest due-process indigent-rights judicial-impartiality partiality standing state-court-corruption unfair-treatment Corruption-within-state-court-system
18-577 David Netzer v. Shell Oil Co., et al. Federal Circuit 2018-11-02 Denied Response WaivedRelisted (2) appearance-of-impropriety civil-procedure conflict-of-interest disclosure due-process judicial-ethics judicial-impartiality procedural-fairness recusal res-judicata Does the above scenario represent a violation of Rule 455(a), an appearance of impropriety and/or conflict of interests?
18-553 Juliet Yackel v. South Dakota, et al. South Dakota 2018-10-29 Denied atkins-claim atkins-v-virginia conflict-of-interest counsel-representation death-penalty death-penalty-appeal eighth-amendment fourteenth-amendment ineffective-assistance-of-counsel intellectual-disability moore-v-texas Whether Rodney Berget was arbitrarily deprived of conflict-free counsel in violation of the Fourteenth Amendment when his counsel determined not to fi…
18-6423 Marlan McRae v. United States Sixth Circuit 2018-10-24 Denied Response RequestedResponse WaivedRelisted (2)IFP attorney-misconduct conflict-of-interest constitutional-rights due-process fiduciary-conflict fiduciary-conflict-of-interest fiduciary-duty ineffective-assistance ineffective-assistance-of-counsel legal-ethics manifest-necessity sixth-amendment vague-precedent Can the unconscionable and illegal actions of an attorney, in addition to a fiduciary conflict of interest between an attorney and his client, amount …
18-6383 Robert J. Kulick v. Steven Rein Ninth Circuit 2018-10-18 Denied Relisted (2)IFP ada-accommodation attorney-client attorney-client-rights civil-rights conflict-of-interest due-process legal-ethics legal-malpractice legal-representation pro-per-status pro-se standing state-bar-bias Why the CA State Bar denied an investigation against Steven Rein, Esq. for his blackmail against me, & why attorneys allowed to be relieved as an atto…
18-6247 Roy Parker v. Burl Cain, Warden Fifth Circuit 2018-10-09 Denied IFP 6th-amendment competency conflict-of-interest constitutional-provisions due-process evidentiary-hearing ineffective-assistance-of-counsel right-to-testify sixth-amendment Did the petitioner receive effective assistance of counsel?
18-344 Linda Shao v. McManis Faulkner, LLP California 2018-09-17 Denied Relisted (2) access-to-courts american-inns-of-court attorney-client-relationship civil-procedure conflict-of-interest conflicts-of-interest court-of-appeal due-process judge-disclosure judicial-ethics recusal right-to-appeal social-relationship Does due process require reversal of dismissals due to judge's failure to recuse or disclose conflicts of interest
18-5736 Joshua Moses v. United States Third Circuit 2018-08-24 Denied Response WaivedIFP conflict-of-interest constitutional-rights due-process evidence ineffective-assistance ineffective-assistance-of-counsel multiplicitous-indictment prosecutorial-misconduct sixth-amendment trial-counsel Whether the Prosecutor's conduct in charging petitioner with a multiplicitous indictment to gain a tactical advantage so infected the trial with unfai…
18-5619 Ralph Raul Contreras v. Hunter Anglea, Warden Ninth Circuit 2018-08-17 Denied IFP attorney-client-relationship attorney-fees california-rules-of-professional-conduct conflict-of-interest constitutional-rights professional-conduct right-to-counsel sixth-amendment state-created-rights Does a state-created right to require written consent from a client when others pay the attorney's fees constitute a denial of conflict-free counsel, …
18-201 Parviz Montazer v. Parvin R. Montazer California 2018-08-15 Denied appellate-counsel appellate-procedure civil-procedure conflict-of-interest constitutional-protections criminal-contempt criminal-procedure due-process indigent-defendant indigent-rights ineffective-assistance-of-counsel judicial-bias right-to-counsel sixth-amendment transcript-costs Whether an indigent defendant in a criminal contempt proceeding has a right to appointed counsel and a free transcript on appeal
18-5592 Oscar Madrid v. Darrel Vannoy, Warden Fifth Circuit 2018-08-15 Denied IFP 14th-amendment civil-procedure civil-rights conflict-of-interest criminal-procedure due-process exhaustion exhaustion-of-remedies fourteenth-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel motion-to-suppress state-court sufficiency-of-evidence Whether the court erred in finding claims 1-3 were not exhausted to the state's highest court
18-5570 Ilich Vargas v. Superior Court of California, San Bernardino County California 2018-08-13 Denied IFP civil-rights conflict-of-interest criminal-informants due-process evidence-suppression exculpatory-evidence fair-trial prosecutorial-misconduct sixth-amendment Whether district attorneys/prosecutors have a free-standing obligation to investigate and inquire into the backgrounds of criminal jailhouse informant…
18-5369 Baboucar B. Taal v. St. Mary's Bank, et al. First Circuit 2018-07-26 Denied Response WaivedIFP 28-usc-455 appeal conflict-of-interest conflicts-of-interest due-process equal-protection fair-adjudication federal-claims judicial-ethics judicial-recusal recusal May a party who is denied Fair and Impartial adjudication of his (federal) claims, deprived of his basic due process and equal protection rights, in a…
18-5209 Michael Barrett v. United States Fifth Circuit 2018-07-11 Denied Response RequestedResponse WaivedRelisted (2)IFP appeal appellate-procedure attorney-client-relationship conflict-of-interest constructive-denial-of-counsel impermissible-risk ineffective-assistance-of-counsel judicial-discretion professional-ethics professional-responsibility right-to-counsel standard-of-review Does it create a conflict of interest for a lawyer to have to argue on appeal that the trial court should have replaced him? Can this create an imperm…