credibility

64 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
24-107 Ivan To Man Pang v. Anthony Ye, Citi Realty Services, Financial Manager, et al. Second Circuit 2024-07-31 Denied abuse-of-discretion civil-procedure credibility credibility-challenge evidence-standard genuine-issues-of-material-fact material-fact nonmoving-party summary-judgment summary-judgment
23-6829 Edward Joseph Parson v. United States Tenth Circuit 2024-02-27 Denied Response WaivedIFP child-abuse child-sexual-abuse credibility evidence-rule-702 expert-testimony jury-determination jury-role prosecutorial-discretion prosecutorial-evidence witness-credibility Whether expert testimony that an alleged child victim's inconsistent reporting of abuse is consistent with truthfulness is admissible under Federal Ru…
23-6475 Darrius Decnan Redd v. United States Eighth Circuit 2024-01-12 Denied Response WaivedIFP confrontation-clause credibility cross-examination due-process evidence-exclusion fair-trial prosecutorial-misconduct sex-trafficking Whether the district court violated the Defendant's Due Process and Confrontation rights by excluding video evidence
23-529 Matthew Hayko v. Indiana Indiana 2023-11-17 Denied Response Waived appellate-review credibility criminal-procedure evidence-weighing harmless-error sixth-amendment trial-by-jury witness-credibility Whether an appellate court can violate a defendant's right to trial by jury under the Sixth Amendment by weighing evidence and judging the credibility…
23-346 Torriano Walpool v. Texas Texas 2023-10-02 Denied Relisted (2) actual-innocence credibility credibility-determination criminal-procedure deference-to-trial-court due-process habeas-corpus standard-of-review trial-court-findings Did this action by the Court of Criminal Appeals deny Petitioner's Due Process rights?
23-339 J. M. F. v. New Jersey Department of Treasury, Division of Pensions and Benefits New Jersey 2023-10-02 Denied Response WaivedRelisted (2) administrative-hearing administrative-law burden-of-proof civil-rights credibility credibility-determination disability disability-benefits due-process first-amendment Whether ALJs violate the rule-of-law by depriving petitioners of their disability-pensions on credibility-grounds
23-5677 Rodtravion Woods v. Brian Cates, Warden Ninth Circuit 2023-09-29 Denied Response WaivedIFP constitutional-rights credibility credibility-challenge effective-assistance-of-counsel government-witness habeas-corpus impeachment-evidence ineffective-assistance prejudice sixth-amendment trial-counsel Was petitioner prejudicially denied his constitutional right to the effective assistance of counsel
23-188 Robert Dayon Dumas v. United States Eleventh Circuit 2023-08-29 Denied Response Waived credibility fifth-amendment fourth-amendment miranda-rights probable-cause search-and-seizure vehicle-search warrantless-search Did the district court err in finding no Fourth or Fifth Amendment violation based upon the court's credibility determination on Deputy Denbo?
23-5427 Ranson Long Pumpkin v. United States Eighth Circuit 2023-08-24 Denied IFP confrontation-clause credibility credibility-evidence criminal-procedure cross-examination drug-usage drug-use evidence sixth-amendment Whether Long Pumpkiw's right to confrontation was denied
23-5203 Ronald Marion Carpenter v. Wisconsin Wisconsin 2023-07-26 Denied Response WaivedIFP confrontation-clause confrontation-rights credibility criminal-procedure due-process effective-assistance-of-counsel fair-trial ineffective-assistance-of-counsel mental-health-records Did Carpenter have a fair trial, the right to confront witness on prior acts when there's only a he say she say trial on credibility of both the compl…
22-7710 Michael Walker v. Morris Houser, Superintendent, State Correctional Institution at Benner Township, et al. Third Circuit 2023-06-05 Denied IFP civil-rights constitutional-evidence credibility criminal-procedure due-process evidence exclusionary-rule federal-procedure judicial-review standing state-law timeliness Whether the petitioner must support his claims of constitutional error with new reliable evidence, and whether an untimely petition of new evidence sh…
22-615 Estate of Eric Jack Logan v. City of South Bend, Indiana, et al. Seventh Circuit 2023-01-05 Denied circuit-split civil-rights credibility credibility-challenge due-process legal-procedure police-shooting summary-judgment witness witness-testimony Whether a party may successfully oppose summary judgment by challenging the credibility of the movant, especially when the movant is the only living w…
22-6085 Curtis Neville v. United States Fifth Circuit 2022-11-18 Denied Response WaivedIFP brady-materiality brady-v-maryland cooperating-witness credibility criminal-evidence due-process due-process-violation kyles-v-whitley material-evidence prosecutorial-disclosure witness-credibility Is an incentivized cooperating witness's letter material under Brady v. Maryland and Kyles v. Whitley?
22-5726 Veronica Gonzalez-Carmona v. United States Eighth Circuit 2022-09-30 Denied Response WaivedIFP credibility drug-interdiction fourth-amendment law-enforcement officer-testimony rodriguez-precedent rodriguez-v-united-states safety-valve-relief traffic-stop whether-officer's-interspersed-drug-interdiction-questions-extend-traffic-stop
22-80 Frank Napolitano, et al. v. Laurence Washington Second Circuit 2022-07-27 Denied Response RequestedResponse WaivedRelisted (2) circuit-split credibility criminal-investigation law-enforcement probable-cause qualified-immunity subjective-intent warrant-application Whether the investigating officers are entitled to qualified immunity
21-7981 Jeffrey Ray Sundwall v. Florida Florida 2022-05-26 Denied IFP constitutional-rights credibility criminal-procedure due-process fair-trial impartiality judicial-misconduct legal-ethics public-trust Whether a trial-induced conviction can be valid when brought by uncredible persons who are guilty of misconduct, both in the instant case (specific, D…
21-7567 Cornell Devore Rhymes v. United States Fourth Circuit 2022-04-06 Denied Response WaivedIFP 6th-amendment confrontation-clause constitutional-confrontation credibility criminal-defendant-rights evidence-rule-412 federal-rule-of-evidence-412 prior-sexual-history sex-trafficking witness-testimony Does a court violate a defendant's constitutional right to confront witnesses against him when, the court relies on Federal Rule of Evidence 412 to pr…
21-1319 Mark Nordlicht and David Levy v. United States Second Circuit 2022-04-04 Denied Amici (1) credibility criminal-procedure discretion district-court-discretion evidence-weighing federal-rules-of-criminal-procedure jury-verdict new-trial new-trial-motion rule-33 standard-of-review witness-credibility Whether district courts have discretion to weigh the evidence, including the credibility of witnesses, when deciding to grant a new trial under Rule 3…
21-6836 Daniel Locus v. Steven Johnson, Administrator, New Jersey State Prison, et al. Third Circuit 2022-01-18 Denied Response WaivedIFP credibility criminal-procedure due-process eyewitness-identification federal-courts judicial-review state-court-review state-courts wrongful-conviction wrongful-convictions Did the District Court's ruling consistent with the holdings in Neil v. Biggers
21-6823 Richard M. Arnold v. Reed A. Richardson, Warden Seventh Circuit 2022-01-12 Denied Response WaivedIFP actual-innocence credibility federal-petition habeas-corpus reasonable-juror recantation reliability schlup-standard standard-of-review Whether the district court must determine the credibility and reliability of new evidence of actual innocence before assessing its legal effect
21-6272 Igor Perlov v. California California 2021-11-15 Denied Response WaivedIFP credibility credibility-determination criminal-charge due-process harmless-error jury-instruction reasonable-doubt sixth-amendment Is it a violation of the Due Process Clause and defendant's Sixth Amendment right to require the State to prove a criminal charge beyond a reasonable …
21-6173 Rotimi Salu v. New York State Justice Center for the Protection of People With Special Needs New York 2021-11-04 Denied Response WaivedRelisted (2)IFP administrative-adjudication administrative-law confrontation confrontation-rights credibility due-process employment-law hearsay hearsay-evidence witness-credibility Does it violate due process of law for a state agency to routinely adjudicate accusations of wrongdoing on hearsay evidence alone, denying the accused…
21-6125 Roberto Griego Jimenez v. Texas Texas 2021-10-29 Denied IFP corroboration credibility criminal-informant fourth-amendment law-enforcement magistrate-warrant probable-cause quid-pro-quo reliability Did the trial court and Texas Court of Appeals err in their Fourth Amendment analysis?
21-6086 William Keith Watson v. United States Eleventh Circuit 2021-10-26 Denied Response WaivedIFP 4th-amendment 5th-amendment conflicting-testimony credibility deputy-testimony due-process fourth-amendment stop-and-frisk supervisory-jurisdiction suppression-hearing sworn-deposition testimony Whether the Eleventh Circuit erred in affirming the denial of the motion to suppress despite a deputy's conflicting testimony under oath
21-5910 Carlos Sauzo v. United States Fifth Circuit 2021-10-06 Denied Response WaivedIFP 5th-amendment 6th-amendment burden-of-proof constitutional-rights credibility due-process evidentiary-hearing fifth-amendment inconclusive-record judicial-review sixth-amendment Does the Fifth and Sixth Amendment require the lower court to address an evidentiary hearing when the record before the court is inconclusive as to wh…
21-5856 Raymond LeQuan Gibbs v. Neil McDowell, Warden Ninth Circuit 2021-10-04 Denied Response WaivedIFP bias confrontation-clause credibility criminal-trial cross-examination informant-testimony informant-witness sixth-amendment witness-credibility Whether the Sixth Amendment's Confrontation Clause was violated when the defendant was prevented from cross-examining an informant witness on topics i…
20-6928 Timothy Ivey v. United States Fifth Circuit 2021-01-25 Denied Response WaivedIFP credibility credibility-determination due-process fifth-amendment out-of-court-identification reliability revocation revocation-hearing supervised-release Does a district court violate a defendant's due process rights by relying solely on an uncorroborated, recanted, out-of-court identification to revoke…
20-6845 Tony Tran v. Wisconsin Wisconsin 2021-01-12 Denied Response WaivedIFP appeal confrontation-clause credibility criminal-procedure due-process evidence Whether the circuit Court erred where the court ruled that Tran could not elicit evidence to attack the credibility of Tran's accuser
20-5151 Antoine Reed v. Daniel Paramo, Warden Ninth Circuit 2020-07-24 Denied Response WaivedIFP appointed-counsel clear-error compulsory-process credibility federal-district-court material-witness police-manipulation procedural-bar standard-of-review state-law state-law-error Did the federal district court commit clear error when it deemed the Reed's properly presented 28 USC section 2254 compulsory process violation claim …
20-5154 Jorge Armando Herrera Salguero v. California Ninth Circuit 2020-07-23 Denied Response WaivedIFP certificate-of-appealability closing-argument credibility due-process habeas habeas-corpus prosecutorial-misconduct witness-credibility Whether the Ninth Circuit's denial of a COA on Salguero's prosecutorial-misconduct claim is contrary to this Court's jurisprudence
20-5038 Reza Olangian v. United States Second Circuit 2020-07-20 Denied Response WaivedIFP credibility due-process fair-trial government-informant government-witness trial-procedure truthfulness witness-availability witness-credibility witness-testimony Is a defendant deprived of a fair trial when government witnesses are invited to comment on his credibility and candor, and when he in turn is asked t…
19-1383 Michael Leidig, et al. v. BuzzFeed, Inc. Second Circuit 2020-06-16 Denied Response Waived burden-of-proof civil-rights credibility evidence evidentiary-standard falsity first-amendment free-press free-speech freedom-of-the-press libel media-defendant summary-judgment Does the First Amendment alter the weight to be accorded a libel plaintiff's evidence, rendering the plaintiff unable, by his or her sworn statement o…
19-1255 Renee Baker, Warden, et al. v. Jeff N. Rose Ninth Circuit 2020-04-30 Denied aedpa credibility criminal-procedure criminal-procedure-evidence-admissibility due-process evidence evidentiary-ruling habeas-corpus impeachment nevada-v-jackson ninth-circuit prior-acquittals state-court-review Whether the Ninth Circuit's decision violates AEDPA
19-1156 Merrick B. Garland, Attorney General v. Cesar Alcaraz-Enriquez Ninth Circuit 2020-03-20 Judgment Issued administrative-adjudication administrative-law appellate-procedure appellate-review credibility credibility-determination due-process immigration-law judicial-review standard-of-review withholding-of-removal Whether a court of appeals may conclusively presume an applicant's testimony is credible and true whenever an immigration judge or the Board of Immigr…
19-8040 Jerry Meas v. Osvaldo Vidal, Superintendent, Souza-Baranowski Correctional Center, et al. First Circuit 2020-03-19 Denied Response WaivedIFP certificate-of-appealability confrontation confrontation-clause credibility criminal-procedure cross-examination due-process evidence habeas-corpus judicial-discretion sixth-amendment sixth-amendment-confrontation witness-credibility Whether it is permissible under a criminal defendant's Sixth Amendment right of confrontation for a trial judge to curtail materially relevant cross-e…
19-8031 James Allen Gregg v. United States District Court for the District of South Dakota Eighth Circuit 2020-03-18 Denied Response WaivedIFP civil-procedure credibility credibility-determination district-court due-process evidentiary-standard judicial-review magistrate-judge procedural-fairness witness Is a defendant's due process rights adequately protected when a district judge rejects a magistrate judge's proposed findings on credibility when thos…
19-1028 Alina Korsunska v. Chad Wolf, Acting Secretary of Homeland Security Ninth Circuit 2020-02-19 Denied Response Waived credibility employment-discrimination evidence-law intent-and-motivation intent-motivation jury-trial material-dispute retaliation summary-judgment title-vii Should summary judgment be avoided in employment discrimination and retaliation cases where outcome depends on credibility determination?
19-7644 George Jones v. Cindy Griffith, Warden Eighth Circuit 2020-02-12 Denied Response WaivedRelisted (2)IFP abuse-of-discretion alford-plea appeal credibility direct-appeal expert-witness expert-witness-credibility ineffective-assistance ineffective-assistance-of-counsel post-conviction-remedies prejudice sentencing-discrepancy trial-court-discretion Has prejudice been shown-where defense counsel fails to investigate the credibility of the Defense's expert witness
19-7306 Dmitry Pronin v. Charles Wright, et al. Fourth Circuit 2020-01-15 Denied IFP 4th-circuit appellate-review civil-rights credibility district-court due-process legal-construction procedural-interpretation standing summary-judgment Whether the district court properly construed the legal argument for a party in a civil rights lawsuit, and whether the 4th Circuit Court of Appeals i…
19-6956 Thomas H. Outland v. New Jersey New Jersey 2019-12-16 Denied IFP confrontation-clause credibility criminal-defendant criminal-procedure criminal-procedure-impeachment due-process evidence evidence-rules fair-trial impeachment jury-instructions prior-convictions right-to-present-a-defense Did the New Jersey state court endorse the use of N.J.R.E. 806 to impeach non-testifying criminal defendants with their prior convictions
19-6848 Robert Matthew Wittal v. Montana Montana 2019-12-04 Denied Response WaivedIFP co-defendant-testimony credibility criminal-procedure criminal-trial ineffective-assistance ineffective-assistance-of-counsel jury-instruction jury-instructions legal-objection sixth-amendment witness-credibility Whether petitioner received ineffective assistance of counsel when his counsel objected to a jury instruction on the untrustworthiness of co-defendant…
19-702 Alen Dean O'Bryant v. Oklahoma Oklahoma 2019-12-03 Denied credibility due-process evidentiary-bolstering minor minor-witness physical-evidence prosecutorial-misconduct sexual-assault vouching witness-credibility Does Due Process prohibit a State from presenting multiple witnesses and the prosecutor from vouching for the credibility of a minor complaining witne…
19-685 Edward George McGregor v. Texas Texas 2019-11-27 Denied Response RequestedRelisted (2) credibility cross-examination due-process false-testimony materiality prosecutorial-misconduct witness-credibility Is the materiality of false testimony knowingly used by the prosecution determined by asking whether the jury would have convicted the defendant had t…
19-6597 Thiodore Igorovich Galitsa v. United States Second Circuit 2019-11-13 Denied Response WaivedIFP credibility criminal-history criminal-procedure-due-process cross-examination dismissed-case dismissed-charges due-process fair-trial false-statements illegal-reentry prior-arrests prior-convictions prosecutorial-misconduct trial-fairness Was Mr. Galitsa denied his right to a fair trial?
19-6506 Joshua Jake White v. Mark Nooth, Superintendent, Snake River Correctional Institution Ninth Circuit 2019-11-05 Denied Response WaivedIFP credibility credibility-contest criminal-procedure expert-testimony habeas-corpus ineffective-assistance ineffective-assistance-of-counsel post-conviction-relief prevailing-professional-norm professional-norm sixth-amendment Whether a court evaluating the reasonableness of trial counsel's failure to make a meritorious challenge under the Sixth Amendment may disregard evide…
19-456 John Buncich v. United States Seventh Circuit 2019-10-07 Denied Response Waived appellate-review chapman-error credibility credibility-assessment criminal-procedure due-process evidence evidentiary-standard harmless-error judicial-discretion rule-404(b) Where there is a finding of Chapman error, does the appellate court err by relying on its own assessment of the credibility of the defendant's testimo…
19-5348 Stanley James Oliver v. Glenn Johnson, et al. Eleventh Circuit 2019-07-26 Denied Response WaivedIFP certificate-of-appealability credibility credibility-challenge habeas habeas-corpus ineffective-assistance ineffective-assistance-of-counsel summary-reversal telephone-records trial-counsel Whether the Court of Appeals erred below in denying Mr. Oliver a COA on whether trial counsel was ineffective in not subpoenaing Mr. Oliver's telephon…
19-5290 Ryan Keith Mason v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-07-23 Denied IFP appellate-review attorney-performance credibility credibility-determination criminal-procedure deference deference-standard deference-to-trial-court evidence ineffective-assistance ineffective-assistance-of-counsel legal-sufficiency plea-bargaining plea-offer standard-of-review Whether a court of appeals erred in finding that deference to a trial court's factual finding on an attorney's provision of a favorable plea offer was…
18-9566 Jason Brady Sain v. Oklahoma Oklahoma 2019-06-06 Denied IFP closing-arguments credibility due-process fair-trial fourteenth-amendment prosecutorial-misconduct sixth-amendment theory-of-the-case witness-credibility Was petitioner's sixth and fourteenth amendment rights to a fair trial violated?
18-9525 Mark A. Harris v. Suzanne M. Peery, Warden Ninth Circuit 2019-06-03 Denied Response WaivedIFP credibility credibility-determination criminal-procedure-ineffective-assistance-of-couns evidentiary-hearing habeas-corpus hill-v-lockhart ineffective-assistance ineffective-assistance-of-counsel parole-eligibility plea-bargaining strickland-standard strickland-v-washington Whether the standard for reviewing a petitioner's allegations of special circumstances is subjective or objective, and whether an evidentiary hearing …
18-1482 Semyya Lanise Cunningham v. United States Fourth Circuit 2019-05-29 Denied circumstantial-guarantees circumstantial-guarantees-of-trustworthiness credibility credibility-of-witnesses district-court district-court-discretion evidence-law evidence-rule-807 federal-rules-of-evidence hearsay-exception hearsay-rule judicial-discretion residual-hearsay-exception rule-807 trustworthiness witness-credibility Whether a finding of 'circumstantial guarantees of trustworthiness' may be premised on a district court's belief in the truth of the hearsay statement…
18-8847 Javier Bocanegra, Jr. v. United States Fifth Circuit 2019-04-16 Denied Response WaivedIFP chain-of-custody cocaine-conspiracy conspiracy controlled-substances cooperating-witnesses credibility criminal-conspiracy criminal-law deferred-adjudication drug-offense-enhancement evidence full-faith-and-credit reasonable-doubt Is there insufficient evidence for a conspiracy to transport cocaine conviction based upon the testimony of cooperating witnesses who are not credible…
18-8728 Joseph Christen Thoresen v. Minnesota Minnesota 2019-04-08 Denied IFP corroborating-testimony credibility credibility-of-witnesses criminal-procedure criminal-procedure-due-process-jury-instructions-d criminal-procedure-jury-instructions drug-addiction due-process forensic-evidence jury-instruction jury-instructions methamphetamine prejudicial-evidence prejudicial-information witness-credibility Whether the court below erroneously held, in conflict with the decisions of two circuits, that a special jury instruction was not warranted when consi…
18-1127 SpeedyPC Software v. Archie Beaton Seventh Circuit 2019-02-28 Denied Response Waived affidavit-sampling affidavits class-certification consumer-fraud credibility due-process implied-warranty individual-issues sampling Proper certification of nationwide class for implied warranty and consumer fraud claims despite individual issues
18-8001 William Fykes v. West Virginia West Virginia 2019-02-15 Denied IFP 14th-amendment constitutional-rights credibility criminal-procedure due-process intent jury-instructions post-arrest-silence prosecutorial-misconduct self-incrimination Whether Petitioner's rights under the due process of law were violated where the trial Court committed reversible error by refusing to provide jurors …
18-7576 Jordaan Stanly Creque v. Alabama Alabama 2019-01-25 Denied IFP capital-murder constitutional-rights credibility death-penalty due-process law-enforcement-testimony law-enforcement-witness reliable-process summation summation-and-bolstering trial-by-jury witness-credibility Does a capital murder conviction and death sentence violate due-process, trial-by-jury, and reliable-process rights when a law-enforcement witness who…
18-7396 Alonzo Fishback v. Mike Parris, Warden Sixth Circuit 2019-01-14 Denied Response WaivedIFP aedpa credibility credibility-of-counsel deference-to-state-court due-process federal-review federal-review-of-state-court-findings habeas-corpus ineffective-assistance-of-counsel mandatory-minimum-sentencing sixth-amendment state-post-conviction state-post-conviction-review Whether the federal court must accept that trial counsel's performance was adequate simply because trial counsel testified his performance was adequat…
18-7189 George Leslie Manlove v. United States Ninth Circuit 2018-12-27 Denied Response WaivedIFP constitutional-rights credibility due-process fact-finding fair-trial jury-role leading-questions prosecutorial-misconduct right-to-jury witness-credibility Was petitioner denied his constitutional rights, including his right to a fair trial, because the prosecutor's calculated, sustained, and improper use…
18-6970 Jose Antonio Jimenez v. Florida Florida 2018-12-10 Denied IFP brady-disclosure brady-v-maryland credibility due-process eighth-amendment exculpatory-evidence giglio-v-united-states giglio-violation lethal-injection materiality police-misconduct strategic-choices Whether a defendant's personal knowledge of an exculpatory or favorable fact relieves the State of its duty to disclose evidence
18-6637 Harold E. Grist, Jr. v. Terema Carlin, Warden Ninth Circuit 2018-11-08 Denied Response WaivedIFP 6th-amendment certificate-of-appealability confrontation-clause credibility due-process effective-assistance-of-counsel juror-misconduct jury-trial self-incrimination truthfulness Whether the Petitioner had a constitutional right to confront his accusers at trial and impeach them before a jury to challenge their credibility and …
18-6556 David McAlister, Sr. v. Wisconsin Wisconsin 2018-11-02 Denied Response WaivedIFP circuit-court credibility credibility-of-witness criminal-procedure cumulative-evidence due-process exculpatory-evidence legal-standard newly-discovered-evidence reasonable-probability recantation state-witness witness-credibility Whether the circuit court erroneously violated petitioner's right to due process when it applied an incorrect legal standard to newly discovered evide…
18-6371 Tyrell Henderson v. United States Ninth Circuit 2018-10-18 Denied Response WaivedIFP credibility criminal-procedure evidence jury-instructions mistrial prior-conviction Whether a mistrial should have been declared after the prosecutor improperly introduced evidence of the defendant's prior federal conviction where the…
18-5347 Marquis D. Costic v. Illinois Illinois 2018-07-25 Denied IFP confrontation-clause constitutional-rights credibility cross-examination fifth-amendment jailhouse-informant jury-instructions prosecution-witness prosecutorial-misconduct sixth-amendment witness-disclosure Was my Sixth Amendment U.S. Constitutional Right, under the Confrontation Clause violated when the prosecution kept interrupting during cross-examinat…
18-5255 Jerome Gibson v. John E. Wetzel, Secretary, Pennsylvania Department of Corrections, et al. Third Circuit 2018-07-18 Denied Response WaivedIFP brady-claim brady-v-maryland credibility de-novo-review due-process evidence-suppression investigation kyles-standard kyles-v-whitley materiality materiality-test police-investigation reliability suppressed-evidence witness-credibility Whether the suppression of evidence of inducements provided to Commonwealth witnesses violates Brady v. Maryland, where the defense could have used th…