| 25-5078 |
Lawrence J. Turner v. Wisconsin |
Wisconsin |
2025-07-10 |
Denied |
Response WaivedIFP |
counsel-performance direct-review ineffective-assistance issue-preservation legal-standard reasonableness-test |
Whether, in assessing direct-review counsel's performance based upon the omission of a preserved issue, lower courts should either apply the clearly s… |
| 24-6308 |
LaDon Maurice Green v. Florida |
Florida |
2025-01-15 |
Denied |
IFP |
constitutional-claim counsel-performance direct-appeal ineffective-assistance judicial-review post-conviction-relief |
Does the Florida State Court have the authority to convict a defendant in violation of the Sixth Amendment right to counsel under Gideon v. Wainwright… |
| 24A329 |
Robert Wharton v. Joseph Terra, Superintendent, State Correctional Institution at Phoenix |
Third Circuit |
2024-10-04 |
Presumed Complete |
|
capital-sentencing counsel-performance ineffective-assistance mitigating-evidence prison-behavior sixth-amendment |
Question not identified. |
| 24A319 |
Hugo Rangel-Botello v. Texas |
Texas |
2024-10-02 |
Presumed Complete |
|
counsel-performance criminal-procedure habeas-corpus ineffective-assistance plea-agreement sixth-amendment |
Question not identified. |
| 23-7825 |
Eduardo Margarito Soto, aka Edwardo Margarito Soto v. Texas |
Texas |
2024-06-28 |
Denied |
IFP |
appellate-procedure civil-rights constitutional-claim counsel-performance due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-review prejudice record-development |
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<4V)6 eoU(2e *>eco£el auc( - {AAedt 4o w \z.e ^ppl < c fHj&hAS esArdbUsherf bif a p>QepD/ode(LiTOe oP ^be es/id… |
| 23-7799 |
Esther Martin v. Indiana |
Indiana |
2024-06-25 |
Denied |
Response WaivedIFP |
competency competency-to-stand-trial counsel-performance due-process effective-assistance-of-counsel ineffective-assistance intellectual-disability post-conviction post-conviction-proceedings sixth-amendment |
The Fourteenth Amendment to the United States Constitution prohibits the trial of incompetent persons, and the Sixth Amendment entitles criminal defen… |
| 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… |
| 23-5295 |
Custodio Carrasco-Garcia v. United States |
Fifth Circuit |
2023-08-07 |
Denied |
Response WaivedIFP |
counsel-performance criminal-procedure due-process ineffective-assistance right-to-appeal sixth-amendment strickland-standard strickland-v-washington |
In light of the facts of this case, was the defense counsel ineffective in light of this court's precedent in Strickland v. Washington, 466 U.S. 668 (… |
| 22-7801 |
Immanuel Christian Price v. Jeff Macomber, Secretary, California Department of Corrections and Rehabilitation |
Ninth Circuit |
2023-06-16 |
Denied |
Response WaivedIFP |
6th-amendment constitutional-claim counsel-performance due-process effective-assistance-of-counsel habeas-corpus ineffective-assistance mixed-representation plea-bargaining post-conviction-relief procedural-default standing |
Question not identified. |
| 22-7405 |
Earl C. Handfield, II v. Bobbi Jo Salamon, Superintendent, State Correctional Institution at Rockview, et al. |
Third Circuit |
2023-04-28 |
Denied |
IFP |
brady-v-maryland counsel-performance due-process federal-courts legal-burden prejudice prosecutorial-misconduct strickland-v-washington |
1. DOES BRADY V MARYLAND LAW WARRANT CLARIFICATION DUE TO FEDERAL COURTS ADDING A COUNSEL PERFORMANCE' PRONG TO THE BRADY ANALYSIS WHICH CONFUSES THE … |
| 22-7391 |
Joshua G. Stegemann v. United States |
Second Circuit |
2023-04-27 |
Denied |
Response WaivedIFP |
asset-forfeiture constitutional-rights counsel-performance criminal-procedure ineffective-assistance ineffective-assistance-of-counsel plea-bargaining right-to-counsel sixth-amendment |
1. If a lawyer advises her client to reject a favorable plea deal and instead proceed to trial in the face of overwhelming evidence of guilt resulting… |
| 22-7076 |
Servando Pineda-Valdez v. United States |
Fifth Circuit |
2023-03-23 |
Denied |
Response WaivedIFP |
acceptance-of-responsibility constitutional-claims counsel-performance criminal-procedure guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining sentencing writ-of-certiorari |
Should a writ of certiorari be granted since Servando-Pineda 's title 28 U.S.C. § 2255 motion sufficiently alleged constitutional claims violations du… |
| 22-6868 |
Billy Leon Kearse v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2023-02-27 |
Denied |
IFP |
counsel-performance due-process fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel reasonable-strategy sixth-amendment strickland-standard strickland-v-washington |
Whether the Eleventh Circuit's analysis of ineffective assistance of counsel claims fails to protect the Sixth Amendment right to effective assistance… |
| 22-6795 |
Jacobo Rozo Posso v. United States |
Fourth Circuit |
2023-02-15 |
Denied |
Response WaivedIFP |
constitutional-rights counsel-performance criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel legal-malpractice notice-of-appeal post-conviction-relief procedural-default right-to-appeal |
1. WHETHER COUNSEL WAS INEFFECTIVE WHEN HE FAILED TO FILE THE
NOTICE OF APPEAL WHEN REQUESTED. |
| 22-6195 |
Kenneth W. Shelton v. Edward Bickham, Warden |
Fifth Circuit |
2022-12-01 |
Denied |
IFP |
alibi counsel-performance criminal-defense criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel investigation investigation-failure legal-procedure motion-to-quash |
Was counsel's performance deficient when counsel failed to conduct an independent investigation concerning the time Petitioner was not present at the … |
| 22-5263 |
Jesse Brown v. Eric Armel, Superintendent, State Correctional Institution at Fayette, et al. |
Third Circuit |
2022-08-02 |
Denied |
Response WaivedRelisted (2)IFP |
appellate-review counsel-performance criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-discretion procedural-default standard-of-review |
I. WhetherWAs the Courtof Appeal's decision
that Petitioner's trial Counsel told the jury
degree of murder was Suficient, is the
Petitioner entitled t… |
| 21-7188 |
Elishay Banks v. United States |
Ninth Circuit |
2022-02-23 |
Denied |
Response WaivedIFP |
appeal appellate-review counsel-performance criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel legal-error ninth-circuit standard-of-review |
Is it error by the Ninth Circuit Court of Appeals to fail to consider the petitioner's argument concerning the ineffective assistance of counsel obvio… |
| 21-7012 |
Jessica Ewing v. Harold W. Clarke, Director, Virginia Department of Corrections |
Fourth Circuit |
2022-01-31 |
Denied |
IFP |
burden-of-proof counsel-performance criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel innocence judicial-discretion plea-agreement plea-bargaining post-conviction |
Ms. Ewing asserts that the previcis court erred when it did not grant a C.O.A. despite the debatability of the District Court's opinion by a reasonabl… |
| 21-6912 |
Jamar Jones v. United States |
Seventh Circuit |
2022-01-20 |
Denied |
Response WaivedIFP |
appellate-review cell-phone-data constitutional-rights counsel-performance criminal-procedure fourth-amendment fourth-amendment-jurisprudence ineffective-assistance plea-withdrawal privacy reasonable-expectation-of-privacy search-and-seizure |
liE TItetZ ntElZE E)(1 sr A- SLIFF x cr-c-ry T
E577.1SLtsli P8 - 7ri n on/ PLEA oF Gu I . L Ptiaulinrr m caw -r
ON& (*I Che-rded vio La,.1-7 o Ai
Cam-… |
| 21-6152 |
Keith Arthur Vinson v. United States |
Fourth Circuit |
2021-11-02 |
Denied |
Response WaivedIFP |
6th-amendment certificate-of-appealability counsel-performance criminal-defense criminal-procedure habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargain sixth-amendment |
1. Did the Court of Appeals err in denying a certificate of appealability over trial counsel's potential ineffectiveness in the plead-vs-trial decisio… |
| 20-7633 |
Sam Sterling Alford v. Mark S. Inch, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2021-04-01 |
Denied |
Response WaivedIFP |
28-usc-2253c certificate-of-appealability consolidation consolidation-risks counsel-performance criminal-procedure ineffective-assistance ineffective-assistance-of-counsel informed-consent right-to-counsel |
Whether the court of appeals improperly denied the Petitioner a certificate of appealability under 28 U.S.C. §2253(c) on his claim that his counsel re… |
| 20-1080 |
Stephen Edward May v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. |
Ninth Circuit |
2021-02-09 |
Denied |
Amici (1)Response Waived |
constitutional-challenge counsel-conduct counsel-performance effective-assistance hypothetical-strategies hypothetical-strategy ineffective-assistance judicial-deference performance-evaluation record-evidence strickland-standard strickland-v-washington |
1. Can a court find counsel's conduct to be effective under Strickland v. Washington by positing strategies that hypothetically could have, but demons… |
| 20-6917 |
Frank McAfee v. United States |
Fifth Circuit |
2021-01-26 |
Denied |
Response WaivedIFP |
appellate-procedure counsel-performance fifth-circuit ineffective-assistance insufficient-record legal-standard procedural-dismissal sixth-amendment specific-objection strategic-reasons |
I. DID THE FIFTH CIRCUIT FAIL TO FOLLOW ITS OWN LAW AND THAT OF OTHER CIRCUITS WHEN IT DISMISSED MR. MCAFEE'S APPEAL ALLEGING INEFFECTIVE ASSISTANCE B… |
| 20-6309 |
Emilio Urena-Villa v. United States |
Ninth Circuit |
2020-11-13 |
Denied |
Response WaivedIFP |
constitutional-claim constitutional-law counsel-performance criminal-procedure fourth-amendment ineffective-assistance ineffective-assistance-of-counsel kimmelman-v-morrison motion-to-suppress strickland-standard strickland-v-washington |
1. WHETHER APPOINTED COUNSEL WAS INEFFECTIVE, FOR FAILURE TO
FILE VIABLE MOTION TO SUPPRESS PURSUANT TO FOURTH AMENDMENT
CLAIM UNDER: KIMMELMAN v. M… |
| 20-6140 |
Roger Jose Almanzar v. United States |
First Circuit |
2020-10-27 |
Denied |
Response WaivedIFP |
appellate-review certificate-of-appealability counsel-performance due-process first-circuit habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargaining plea-offer sixth-amendment |
Did the First Circuit err in not granting a certificate of appealability on the merits of the claims of ineffective assistance of counsel when it addr… |
| 20-6018 |
Win Min Htut v. Mark Capozza, Superintendent, State Correctional Institution at Fayette, et al. |
Third Circuit |
2020-10-15 |
Denied |
Response WaivedIFP |
civil-rights constitutional-law constitutional-rights counsel-performance criminal-procedure due-process guilty-plea ineffective-assistance-of-counsel legal-procedure plea-agreement plea-bargaining |
1. Can a guilty plea which contains impossible and illegal clauses be entered into intelligently, knowing ly, and voluntarily?
2. Is the Due Process … |
| 20-5953 |
Alex Lenard McCoy v. United States |
Fourth Circuit |
2020-10-08 |
Denied |
Response WaivedIFP |
andrus-v-texas certificate-of-appealability counsel-performance discovery due-process ineffective-assistance ineffective-assistance-of-counsel plea-bargaining section-2255 sixth-amendment |
1. Was trial counsel ineffective in his directive to advise McCoy to plead guilty by failing to review the government's discovery in violation of this… |
| 20-5641 |
Steven Turbi v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2020-09-09 |
Denied |
IFP |
appeals appellate-review circuit-court civil-rights counsel-performance due-process habeas-corpus ineffective-assistance legal-standard strickland |
Whether the Eleventh Circuit Court of Appeals properly applied the law regarding allegations of Counsel being ineffective regarding Plea Negotiations … |
| 19-8081 |
Juan Isaac Flores v. California |
California |
2020-03-23 |
Denied |
Response WaivedIFP |
benefits constitutional-rights counsel-performance effective-counsel ineffective-assistance plea-agreement sentencing sixth-amendment |
(1) Was my Sixth Amendment right to effective counsel violated by Attorney Kovtun s ineffectiveness(2) Is the process that preceded the May 3, 2018 pl… |
| 19-7954 |
Steven M. Leonhart v. Tim Shoop, Warden |
Sixth Circuit |
2020-03-11 |
Denied |
IFP |
competent-counsel constitutional-rights counsel-performance criminal-procedure due-process effective-counsel ineffective-assistance ineffective-assistance-of-counsel plea-bargain plea-bargaining sixth-amendment strategic-benefit |
Is defense counsel who makes a plea bargain that fails to give his client a substantial strategic benefit acting as competent and effective counsel as… |
| 19-6613 |
Jaime Rodriguez, et al. v. United States |
Second Circuit |
2019-11-14 |
Denied |
Response WaivedIFP |
appellate-review counsel-performance deliberate-misrepresentations due-process factual-predicates false-positions false-positions-and-deliberate-misrepresentations ineffective-assistance ineffective-assistance-of-counsel mandate-rule newly-raised-claims sixth-amendment |
Whether the mandate rule bars consideration and adjudication of newly raised claims, under a Sixth Amendment ineffective assistance of counsel claim, … |
| 19-5814 |
Luis Armando Mesta v. John Myrick |
Ninth Circuit |
2019-09-04 |
Denied |
Response WaivedIFP |
appellate-advocacy appellate-procedure constitutional-rights counsel-performance ineffective-assistance ineffective-assistance-of-counsel new-trial sixth-amendment sixth-amendment-right-to-counsel state-court-deference state-court-review strickland-v-washington |
Twelve days after Mr. Mesta's appellate brief was filed, the Oregon Supreme Court took review of a legal principle that was at issue in Mr. Mesta's ca… |
| 19-5694 |
Craig Farley v. Ralph Diaz, Secretary, California Department of Corrections and Rehabilitation |
Ninth Circuit |
2019-08-23 |
Denied |
IFP |
consciousness-of-guilt constitutional-rights counsel-performance criminal-trial exculpatory-evidence identification-evidence ineffective-assistance ineffective-assistance-of-counsel lack-of-identification-evidence phone-records sixth-amendment strickland-standard trial-counsel |
1. Is there any reasonable argument that trial counsel satisfied the Strickland standard when he failed to introduce crucial lack of identification ev… |
| 18-1494 |
Michael Steven Beeman v. United States |
Fourth Circuit |
2019-05-31 |
Denied |
Response Waived |
counsel-performance criminal-procedure fourth-amendment guilty-plea ineffective-assistance ineffective-assistance-of-counsel motion-to-suppress plea-bargaining pre-trial-motion pre-trial-motions prejudice reasonable-counsel reasonable-performance |
Whether jurists of reason could debate that a district court must evaluate the merits of a potential motion to suppress where the defendant pled guilt… |
| 18-9279 |
Regina M. Preetorius v. United States |
Eleventh Circuit |
2019-05-17 |
Denied |
Response WaivedIFP |
administrative-law civil-procedure civil-rights counsel-performance criminal-procedure due-process federal-jurisdiction ineffective-assistance ineffective-assistance-of-counsel plea-bargaining right-to-counsel sixth-amendment standing strickland-standard strickland-v-washington |
Whether the lower court erred in dismissing petitioner's claims for lack of standing and failure to state a claim upon which relief can be granted |
| 18-8949 |
Hakim Muhammad v. Cedric Taylor, Warden |
Eleventh Circuit |
2019-04-23 |
Denied |
Response WaivedIFP |
certificate-of-appealability civil-rights COA-standard color-of-authority constitutional-review counsel-performance due-process federal-appellate habeas-corpus ineffective-assistance-of-counsel judicial-proceedings post-conviction-relief state-court supervisory-power |
Whether the Eleventh Circuit Court of Appeals erred in a decision that conflicts with decisions of other Courts of Appeals on the same important matte… |
| 18-8221 |
Jonathan Judkins v. Illinois |
Illinois |
2019-03-01 |
Denied |
IFP |
6th-amendment civil-rights constitutional-rights counsel-performance due-process ineffective-assistance ineffective-assistance-of-counsel post-conviction post-conviction-petition post-conviction-relief standing subpoena |
Whether the petitioner was denied effective assistance of counsel by counsel's failure to adequately investigate the facts of the case, interview eyew… |
| 18-7829 |
Joe Homer Mark v. Amy Rabeau |
Ninth Circuit |
2019-02-07 |
Denied |
Response WaivedIFP |
appeal appellate-review civil-procedure counsel-performance custodial-interrogation district-court fifth-amendment fourteenth-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel legal-error miranda-warning procedural-default self-incrimination standing |
Whether Petitioner Joe Mark's Fifth Amendment Rights were violated |
| 18-7374 |
David Mejia v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-01-11 |
Denied |
Response WaivedIFP |
aedpa counsel-performance fifth-circuit habeas-corpus ineffective-assistance ineffective-assistance-of-counsel post-hoc-rationalization sixth-amendment strickland-test strickland-v-washington wiggins-v-smith |
Whether the Fifth Circuit erred in holding that a court may indulge 'post hoc rationalization' for counsel's decision making that contradicts the avai… |
| 18-5348 |
Gary Clack v. Kentucky |
Kentucky |
2018-07-25 |
Denied |
Response WaivedIFP |
counsel-performance criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel kentucky-court-of-appeals post-conviction-relief prejudice prejudice-prong sixth-amendment strickland-standard strickland-v-washington witness-testimony |
Whether the Kentucky Court of Appeals properly applied the Strickland prejudice prong when it held that trial counsel provided ineffective assistance … |