| 24-6680 |
Victor Charles Rogers v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2025-02-28 |
Dismissed |
IFP |
actual-innocence constitutional-rights constructive-denial-of-counsel dna-testing due-process habeas-corpus |
Whether a court can deny a certificate of appealability (COA) when filing actual innocence claims and whether DNA evidence showing the petitioner is n… |
| 21-6407 |
Roy Thomas Phillips v. United States |
Eleventh Circuit |
2021-11-24 |
Denied |
Response WaivedIFP |
certificate-of-appealability constitutional-claim constructive-denial-of-counsel due-process ineffective-counsel liberal-reading merits plea-proceedings plea-stage pro-se pro-se-petitioners |
Whether the factual determination for denying the certificate of appealability was wrong and reversal is warranted |
| 20-8091 |
Steven Zapata v. Kentucky |
Kentucky |
2021-05-20 |
Denied |
Response WaivedIFP |
competency constructive-denial-of-counsel criminal-procedure cronic-standard cronic-v-united-states guilty-plea ineffective-assistance ineffective-assistance-of-counsel plea-colloquy strickland-standard strickland-v-washington |
Whether the constructive denial of counsel standard under Cronic v. United States or the ineffective assistance of counsel standard under Strickland v… |
| 20-5889 |
In Re Jesus Anaya |
|
2020-10-02 |
Denied |
Response WaivedIFP |
adversarial-testing certificate-of-appealability constitutional-rights constructive-denial-of-counsel criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel slack-standard standard-of-review |
Whether trial and appellate counsel's inadequate representation constituted constructive denial of counsel |
| 19-6993 |
In Re Augustus Larry Lundy |
|
2019-12-18 |
Denied |
IFP |
constructive-denial-of-counsel due-process fourteenth-amendment habeas-corpus personal-jurisdiction sixth-amendment |
Did the trial court divest itself of personal jurisdiction of Lundy when it administered the law in an improper and unconstitutional manner? |
| 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? |
| 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 |
| 18-5826 |
John C. Carter v. Antoine Caldwell, Warden |
Eleventh Circuit |
2018-08-29 |
Denied |
Response WaivedIFP |
appeal appellate-procedure civil-rights constructive-denial-of-counsel criminal-appeal criminal-procedure critical-stage-of-appeal due-process equal-protection habeas-corpus ineffective-assistance-of-counsel right-to-counsel state-criminal-trial-court state-law-limitations |
Whether the right to have assistance of counsel extends to the appeal stage of the trial proceedings, where the petitioner was allegedly denied such a… |
| 18-5224 |
Frank Costelon v. New Mexico |
Tenth Circuit |
2018-07-12 |
Denied |
Relisted (2)IFP |
civil-rights constructive-denial-of-counsel cronic-violation custody due-process equitable-tolling federal-custody gideon-violation habeas-corpus ineffective-assistance-of-counsel jurisdiction standing state-court-conviction |
Whether the District Court erred in concluding that it did not have jurisdiction because the petitioner was no longer in custody of the state court ju… |
| 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… |