criminal-defense

141 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-6816 Carlos Javier Figueroa v. United States Second Circuit 2026-02-13 Denied Response WaivedIFP counsel-override criminal-defense defendant-autonomy ineffective-assistance sixth-amendment witness-testimony In McCoy v. Louisiana, 584 U.S. 414 (2018), this Court held that (1) the Sixth Amendment guarantees a criminal defendant the autonomy to decide the ob…
25-6793 Roman Flores v. Texas Texas 2026-02-11 Pending Response RequestedResponse WaivedIFP autonomy-right capital-murder criminal-defense guilt-concession law-of-parties sixth-amendment 1. Whether McCoy v. Louisiana prohibits only explicit admissions of guilt, or also bars functional concessions — such as conceding elements, condition…
25-650 Raymon Walters v. United States Third Circuit 2025-12-04 Denied Response Waived counsel-strategy criminal-defense defendant-rights jury-trial legal-ethics sixth-amendment Whether defense counsel may concede an element of an offense over the defendant's objection, where the concession is reasonably designed to advance th…
25A600 Raymon Walters v. United States Third Circuit 2025-11-20 Presumed Complete counsel-concession criminal-defense element-challenge mccoy-right sixth-amendment trial-strategy Question not identified.
25-157 Richard Hall v. United States Fifth Circuit 2025-08-11 Denied Response Waived anti-kickback-statute burden-of-persuasion criminal-defense federal-health-care-program safe-harbor statutory-interpretation The Anti-Kickback Statute ("AKS"), 42 U.S.C. § 1320a-7b(b), generally bars "remuneration" to induce referrals for health care goods and services for w…
25-5253 Steven Tuopeh v. South Dakota South Dakota 2025-08-01 Denied Response RequestedResponse WaivedRelisted (8)IFP compulsory-process court-transport criminal-defense due-process trial-procedure witness-testimony I. In the present case, the Petitioner sought to transport a penitentiary inmate witness to testify at a murder trial via a transport order and subpoe…
25-5004 Delano Hale v. Bill Cool, Warden Sixth Circuit 2025-07-01 Denied IFP capital-murder criminal-defense forensic-evidence ineffective-assistance strategic-decision strickland-standard In a capital murder case focused on the circumstances of the decedent's death, where forensic evidence is known to comprise the State's main evidence,…
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 1) Does a criminal defense attorney becoming a witness against their own client due to that attorney's intentional and deliberate waiver of attorney c…
24-6905 Jonathon William-Durand Neuhard v. United States Sixth Circuit 2025-04-01 Denied Response WaivedIFP autism-representation criminal-defense diminished-capacity effective-assistance-counsel sentencing-mitigation sixth-amendment WHETHER A TRIAL DEFENSE ATTORNEY, REPRESENTING AN ADULT AUTISTIC CRIMINAL DEFENDANT, WHO ENLISTS AS EXPERT WITNESSES TWO MENTAL HEALTH PROFESSIONALS W…
24-6785 Brian Scott Sharp v. Texas Texas 2025-03-17 Denied IFP constitutional-rights criminal-defense due-process jury-instructions objection-preservation procedural-error Question not identified.
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 1. To show a violation of the right to conflict-free counsel when represented by multiple attorneys, only some of whom are conflicted, must a defendan…
24-6539 Fernando Lopez-Armenta v. United States Ninth Circuit 2025-02-11 Denied Response WaivedIFP constitutional-rights criminal-defense fifth-amendment lesser-included-offense sixth-amendment trial-instruction Where the sole defense raised to a criminal charge is guilt of a lesser included offense, does the right to a present a defense rooted in the Fifth an…
24-6437 Armando Molina v. United States Ninth Circuit 2025-01-31 Denied Response WaivedIFP criminal-defense defendant-rights defense-counsel entrapment sixth-amendment trial-strategy Whether the Sixth Amendment right to determine the objectives of one's own defense is violated when defense counsel, against the defendant's wishes, s…
24-6067 Jerrelle Quintrez Gladden v. United States Eleventh Circuit 2024-12-03 Denied Response WaivedIFP criminal-defense fifth-amendment probable-cause search-warrant sixth-amendment-right witness-exclusion May a district court exclude a defense witness when he will invoke the Fifth Amendment in response to certain questions but undisputedly will answer a…
24-5323 Muhidin Salad Omar v. John C. Gardner Fourth Circuit 2024-08-15 Denied IFP attorney-misconduct constitutional-rights criminal-defense habeas-corpus ineffective-assistance legal-malpractice Question not identified.
24-5320 Ahkemon J. Bardell v. Louisiana Louisiana 2024-08-14 Denied IFP confrontation-clause constitutional-rights criminal-defense due-process fourteenth-amendment trial-procedure I. WAS THE LOUISIANA SUPREME COURT IN ERROR, FOR FAILING TO CORRECT THE APPELLATE COURTS FAILURE TO CORRECT A CONFRONTATIONAL VIOLATION THAT TRANSPIRE…
24-5106 Stoney Prior v. United States Ninth Circuit 2024-07-18 Denied Response WaivedIFP appellate-review appellate-standard-of-review circuit-split criminal-defendant-rights criminal-defense jury-instruction jury-instructions reasonable-doubt recognized-defenses third-party-culpability 1. Is a criminal defendant entitled to a jury instruction on any recognized defense supported by the evidence? 2. If the district court rejects a jur…
24-8 John Meyer v. John Pellegrin Sixth Circuit 2024-07-09 Denied attorney-liability breach-of-contract civil-procedure criminal-defense criminal-defense-attorney exoneration legal-malpractice post-conviction-relief 1. Whether a criminal defense lawyer should be held responsible for his actions and inactions even if his client is guilty of a lesser offense. 2. Wh…
23-7480 Sanjay Kumar v. United States Fourth Circuit 2024-05-14 Denied Response WaivedIFP cheek-v-united-states criminal-defense criminal-procedure due-process good-faith-belief jury-instructions subjective-intent tax tax-crime willfulness WHETHER JURY INSTRUCTIONS BY THE DISTRICT COURT, ON ONE OF THE ESSENTIAL ELEMENTS OF THE TAX CONVICTION, I.E., WILLFULNESS, BE IMPROPER, IF THEY DISRE…
23-7406 Bobby Rouse v. United States Fifth Circuit 2024-05-07 Denied Response WaivedIFP constitutional-rights criminal-defense criminal-procedure due-process effective-assistance-of-counsel equal-protection ineffective-assistance-of-counsel pro-se pro-se-representation sixth-amendment 1. Is it a violation of appellant's Sixth Amendment constitutional rights for defense counsel to refuse to investigate the evidence and interview witn…
23-7410 Andrew Franklin Woodburn v. Bryan Morrison, Warden Sixth Circuit 2024-05-07 Denied Response WaivedIFP criminal-defense evidentiary-hearing expert-testimony habeas-corpus ineffective-assistance ineffective-assistance-of-counsel involuntary-intoxication medication-defense paxil temporary-insanity Is Andrew Woodburn entitled to a remand for an evidentiary hearing and ultimately a new trial where he did not receive the effective assistance of cou…
23-7187 Leslie Galloway, III v. Mississippi Mississippi 2024-04-09 Denied IFP constitutional-rights criminal-defense death-penalty ineffective-assistance ineffective-assistance-of-counsel investigation-standard mitigation post-hoc-strategy post-traumatic-stress-disorder procedural-history sixth-amendment Leslie Galloway III was sentenced to death after his trial counsel conducted a constitutionally inadequate investigation that failed to uncover his ex…
23A889 Walter Taylor, III v. Vermont Vermont 2024-04-05 Presumed Complete constitutional-rights criminal-defense fourteenth-amendment impartial-jury jury-instruction sixth-amendment Question not identified.
23-1043 Amir Anariba v. California California 2024-03-21 Denied Response Waived arbitrary-rules compulsory-process criminal-defense due-process evidence-rules holmes-v-south-carolina right-to-present-defense sixth-amendment subpoena-duces-tecum united-states-v-nixon The Constitution guarantees criminal defendants a meaningful opportunity to present a complete defense. This right is abridged by evidence rules that …
23-937 Joshua James Duggar v. United States Eighth Circuit 2024-02-28 Denied alternative-perpetrator complete-defense constitutional-rights criminal-defense criminal-procedure due-process evidence evidence-exclusion trial-court trial-court-discretion Does the exclusion of relevant evidence of an alternative perpetrator based on a trial court's conclusion it is too speculative violate a criminal def…
23-6800 Jorge Espinosa v. New York New York 2024-02-21 Denied Response WaivedIFP clear-cut-and-dispositive constitutional-right criminal-defense due-process error-and-prejudice ineffective-assistance-of-counsel legal-error prejudice-analysis single-error Strickland strickland-standard Whether all ineffective assistance of counsel claims are assessed under the Strickland error-and-prejudice rule, or whether such claims based on a sin…
23-6616 Fan Yang v. United States Eleventh Circuit 2024-01-30 Denied Response WaivedIFP complete-defense criminal-defendant criminal-defense criminal-procedure due-process evidence evidence-exclusion federal-rules-of-evidence jury-trial right-to-present-defense rule-403 Whether a court may exclude evidence under Fed. R. Evid. 403, where doing so would preclude a criminal defendant from presenting a complete defense to…
23-6557 Frank R. Stevenson v. Lynn Lilley, Superintendent, Eastern Correctional Facility Second Circuit 2024-01-24 Denied Response WaivedIFP automatic-reversal constitutional-rights criminal-defense criminal-procedure due-process federal-law ineffective-assistance-of-counsel sixth-amendment structural-error unwanted-defense Whether the unconstitutionality of imposing an unwanted defense on the accused, over objection, has long been federally established and is a structura…
23-6480 Joseph D. Jones v. United States Seventh Circuit 2024-01-12 Denied IFP circuit-split criminal-defense entrapment-defense entrapment-doctrine exceptional-national-importance first-amendment government-manufacturing government-manufacturing-criminals predisposition Whether this Court's review of the entrapment doctrine is necessary to: (1) resolve the circuit split that has created no less than four disparate te…
23-641 Daisy Miller v. United States Eleventh Circuit 2023-12-14 Denied Response Waived constitutional-rights criminal-defense criminal-procedure due-process independent-investigation ineffective-assistance ineffective-assistance-of-counsel investigation-failure trial-counsel witness-testimony Whether trial counsel's near total reliance on the defendant's characterization of proposed defense witnesses' testimony, and the failure to conduct m…
23-6113 Michael Eugene Lewis v. Texas Texas 2023-11-28 Denied IFP appeals appellate-procedure constitutional-rights criminal-defense criminal-procedure due-process ineffective-assistance-of-counsel motion-for-new-trial right-to-counsel texas-criminal-law Whether the Petitioner was afforded effective assistance of counsel at trial and on appeal, and whether the scheme in Texas on a Motion for New Trial …
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 1. Whether a criminal-defense attorney, under indictment on charges of rape, kidnapping, and sexual assault, has a conflict of interest when simultane…
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 1. Is the Sixth Amendment violated when a defendant is forced to accept representation by lawyers who se supervisor have a longstanding social and fam…
22-1161 Steve Cooley, et al. v. National Abortion Federation Ninth Circuit 2023-06-01 Denied Response WaivedRelisted (2) civil-injunction civil-rights contempt contempt-sanction criminal-defense due-process fair-ground-of-doubt sovereign-immunity younger-abstention The constitutional issue addressed here is whether the District Court can punish two criminal attorneys for contempt and sanction them $200,000 for us…
22-6726 Terrence Lowell Hyman v. Eddie M. Buffaloe, Secretary, North Carolina Department of Public Safety Fourth Circuit 2023-02-08 Denied Response WaivedIFP capital-murder-trial constitutional-violation criminal-defense criminal-procedure due-process falsified-evidence habeas-corpus ineffective-assistance ineffective-assistance-of-counsel strickland-standard strickland-v-washington 1. Whether a criminal defense lawyer renders ineffective assistance of counsel under this Court's holding in Strickland v. Washington when she intenti…
22-6601 Rick Benavides v. United States Fifth Circuit 2023-01-23 Denied Response WaivedIFP criminal-defense criminal-procedure due-process entrapment evidence-admissibility government-inducement law-enforcement-conduct predisposition social-media Petitioner was subjected to a pervasive inducement campaign by government agents using social media and texts to his personal phone. The question pres…
22-6519 Thomas Alan Arthur v. United States Fifth Circuit 2023-01-11 Denied Response WaivedIFP civil-rights criminal-defense defendant-rights due-process evidence-exclusion free-speech harmful-error harmless-error judicial-review miller-test obscenity obscenity-standard 1. Should this Court adopt the Seventh Circuit's rule that where a district court erroneously excludes evidence that makes up the entirety of a defend…
22-6365 Ronald E. Cook v. Tom Watson, Warden Sixth Circuit 2022-12-21 Denied IFP appeals constitutional-law constitutional-rights criminal-defense criminal-procedure double-jeopardy due-process evidence-exclusion fair-trial jurisdiction right-to-present-defense Question not identified.
22-6350 Raul Alvarez v. New York New York 2022-12-20 Denied Amici (1)Response WaivedIFP actual-innocence constitutional-rights court-objection criminal-defense criminal-procedure ineffective-assistance right-to-counsel sixth-amendment trial-strategy Must a client object in open court to invoke their Sixth Amendment right to maintain actual innocence as the objective of their defense?
22-6280 Jose Adolpho Castillo v. Texas Texas 2022-12-12 Denied Response WaivedIFP constitutional-rights criminal-defense criminal-procedure due-process hearsay-testimony ineffective-assistance prejudice right-to-counsel standard-of-review strickland-standard strickland-v-washington Whether the Court of Criminal Appeals of Texas has made the standard articulated by this Court in Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 20…
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 …
22-6018 David L. Hering v. Patti Wachtendorf, Warden Eighth Circuit 2022-11-08 Denied Response WaivedIFP adversarial-trial burden-of-proof criminal-defense due-process ineffective-assistance insanity-defense sixth-amendment When using insanity as a tool in the defense of a criminal defendant who plead not guilty and is strongly asserting their innocence. Does defense coun…
22-5455 Tyrone Woolaston v. United States Second Circuit 2022-09-06 Denied Response WaivedIFP circuit-split civil-rights confidential-informant criminal-defense criminal-procedure due-process government-conduct government-misconduct manufactured-venue venue venue-manipulation Whether manufactured venue is a valid criminal defense that a defendant is entitled to present to a jury when it is undisputed that the Government tra…
22-5383 Lynn M. Giovanni v. New Jersey New Jersey 2022-08-18 Denied IFP criminal-defense diminished-capacity guilty-plea ineffective-assistance insanity-defense psychiatric-evaluation sentencing sentencing-mitigation strickland-standard strickland-v-washington withdrawal DOES THE ACTION/INACTION OF DEFENSE COUNSEL, IN FAILING TO UTILIZE OR UNDER-UTILIZING THE FAVORABLE PSYCHATRIC REPORTS COMPILED FOR THE DEFENSE IN ASS…
22-5364 Quartavious Davis v. United States Eleventh Circuit 2022-08-16 Denied Response RequestedResponse WaivedRelisted (5)IFP constitutional-rights criminal-defense due-process ineffective-assistance-of-counsel plea-bargaining plea-negotiations prosecutorial-discretion right-to-counsel Sixth-Amendment Strickland-v-Washington Does a criminal defense attorney provide prejudicially ineffective assistance of counsel by failing to initiate plea negotiations with the prosecutors…
22-40 Isiah Dozier v. United States Eighth Circuit 2022-07-14 Denied Response Waived 18-usc-1791 criminal-defendant criminal-defense evidentiary-standard knowledge-requirement prohibited-object rock-v-arkansas rock-v-armenia sixth-amendment witness-testimony The questions presented for the Supreme Court concern the Constitutional right of a Criminal Defendant to call a witness in his own defense at trial a…
22-5091 Tyre Bradbury v. Indiana Indiana 2022-07-13 Denied Response WaivedIFP all-or-nothing-strategy criminal-defense criminal-procedure defendant-consultation ineffective-assistance-of-counsel legal-strategy lesser-included-offenses performance-deficiency strickland-standard strickland-v-washington trial-strategy Is the decision not to tender available lesser included offense instructions in order to instead pursue an "all or nothing " strategy an "important de…
22-32 John Hart v. County of Philadelphia, Pennsylvania, et al. Third Circuit 2022-07-12 Denied Response Waived actual-innocence constitutional-rights criminal-defense due-process evidence ineffective-assistance-of-counsel right-to-present-defense scientific-evidence voiceprint-analysis Where a criminal defendant has compelling evidence of actual innocence in the form of exculpatory expert voiceprint analysis, does that defendant rece…
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 1. Whether a criminal defendant establishes an "actual " unwaiveable conflict of interest that adversely affects counsel 's representation when def…
21-8243 Michael Shane Bargo v. Florida Florida 2022-06-28 Denied IFP burden-of-proof criminal-defense due-process ineffective-assistance plea-of-not-guilty presumption-of-innocence right-to-counsel sixth-amendment structural-error Did Mr. Bargo show that a violation of his rights occurred, pursuant to McCoy, when he explicitly entered a plea of not guilty and maintained his inno…
21-8135 Zachary Chandler v. United States Eleventh Circuit 2022-06-14 Denied Response WaivedIFP adversarial-testing criminal-defense criminal-procedure due-process evidentiary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-sympathy sixth-amendment sympathy-defense trial-strategy I. WHETHER COUNSEL WAS INEFFECTIVE BECAUSE COUNSEL'S DEFENSE STRATEGY WAS TO HAVE CHANDLER WEAR PRISON ATTIRE IN ORDER TO GARNER THE JURY'S SYMPATHY? …
21-8087 Zachary S. Keeter v. United States Eighth Circuit 2022-06-08 Denied Response WaivedIFP addiction criminal-defense criminal-law due-process expert-testimony improperly-prescribed-medication involuntary-intoxication judicial-discretion medication-addiction mental-health psychosis-claim 1. Should a person whose addiction is the result of improperly prescribed medication be allowed an involuntary intoxication defense? 2. Petitioner d…
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 1. Did the Second Circuit err when it found that there was not an actual conflict without ordering a hearing in the District Court when defense counse…
21-8044 Bobby Dewayne Thompson, II v. United States Ninth Circuit 2022-06-03 Denied Response WaivedIFP constitutional-rights criminal-defense due-process firearm-possession ineffective-assistance ineffective-assistance-of-counsel jury-instructions right-to-counsel second-amendment trial-strategy Did trial counsel entirely fail to present a defense to illegally possessing a firearm by conceding that Thompson possessed a gun when the court's ins…
21-7684 Ernest DeWayne Jones v. Ronald Broomfield, Warden Ninth Circuit 2022-04-22 Denied IFP complete-defense constitutional-analysis constitutional-restriction criminal-defendant-rights criminal-defense due-process expert-testimony right-to-testify rock-v-arkansas 1. Whether a criminal defendant's constitutional right to testify, as articulated in Rock v. Arkansas, 483 U.S. 44 (1987), is violated when he is prev…
21-7409 Jory Russell Strizich v. Montana Montana 2022-03-17 Denied Response WaivedIFP criminal-defense due-process evidentiary-ruling evidentiary-rulings flight-evidence fourteenth-amendment holmes-precedent holmes-v-south-carolina sixth-amendment Whether the Sixth and Fourteenth Amendment right to defend in a criminal case can be denied on unique state evidentiary rulings? Stated another way, d…
21-7242 Michael Wayne Kelly v. Texas Texas 2022-03-01 Denied IFP appellate-review confrontation-clause confrontation-right criminal-defense evidence evidence-exclusion right-to-present-defense sixth-amendment trial-court-error witness-testimony Did ths Court of Appeals err when it held that the trial court didnot commit error in excluding evidence that deprived Petitioner of his Sixth Amendme…
21-1072 Steven Carrol DeMocker v. Arizona Arizona 2022-02-02 Denied Response Waived constitutional-rights criminal-defense due-process effective-assistance-of-counsel federal-question implausible-defense ineffective-assistance-of-counsel legal-strategy right-to-counsel third-party-culpability This petition presents the question whether offering an implausible third-party culpability defense violates a defendant's right to the effective assi…
21-6998 Robert Lars Pape v. California California 2022-01-31 Denied Response WaivedIFP constitutional-rights criminal-defense criminal-procedure due-process evidence evidence-exclusion right-to-present-defense standard-of-review third-party-culpability 1. Does the Constitution permit the exclusion of a defendant's presentation of substantial evidence of third-party culpability simply because the cour…
21-1016 Andrew Huy Chrostowski v. Harold W. Clarke, Director, Virginia Department of Corrections Virginia 2022-01-19 Denied Response Waived constitutional-rights criminal-defense cruel-and-unusual-punishment due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mental-health plea-bargaining psychiatric-examination right-to-present-defense A. Did trial counsel's failure to make a constitutionally adequate inquiry into viable defenses deprive the petitioner of his right to present 'full a…
21-6897 Ramon Torres Ruelas v. Troy Bowser, Superintendent, Two Rivers Correctional Institution Ninth Circuit 2022-01-18 Denied Response WaivedIFP child-sex-case child-sex-crimes credibility-of-witnesses criminal-defense evidentiary-sufficiency ineffective-assistance-of-counsel lack-of-admissions lack-of-eyewitness-testimony lack-of-physical-evidence trial-strategy witness-credibility Whether it is an unreasonable determination of the facts and the law to conclude that trial counsel need not investigate witnesses with critical infor…
21-6871 Alan Price v. Florida Florida 2022-01-14 Denied IFP collateral-review criminal-defense criminal-procedure due-process habeas-corpus ineffective-assistance McCoy-retroactivity mccoy-v-louisiana montgomery-v-louisiana retroactivity right-to-counsel substantive-rule I. Whether McCoy u. Louisiana, 138 S. Ct 1500 (2018), adopts a new substantive rule that applies retroactively to cases on collateral review? II. Whe…
21-6849 Edwin Vaquiz v. United States Third Circuit 2022-01-13 Denied Response WaivedIFP attorney-client-relationship constitutional-rights criminal-defendant-rights criminal-defense due-process judicial-discretion right-to-counsel right-to-testify sixth-amendment trial-counsel-strategy witness-testimony Whether a "Trial Attorney can prohibit or forbid, by coercion (threat to withdraw representation from Defendants Criminal Case), the Defendant to rest…
21-6770 Dave Elysee v. United States Eleventh Circuit 2022-01-06 Denied Amici (1)IFP burden-of-proof criminal-defendant criminal-defense due-process evidence legal-procedure police-investigation presumption-of-innocence suspect-identification trial-defense Whether a criminal defendant may mount a defense at trial based on an inadequate police investigation into another suspect.
21-6734 Roger Dale Epperson v. Kentucky Kentucky 2021-12-28 Denied IFP constitutional-law counsel-concession criminal-defense criminal-procedure defendant-autonomy due-process factual-innocence right-to-counsel trial-strategy 1) Does McCoy apply where the defendant made clear to counsel the objective of the defense is to maintain innocence, only for counsel to then concede …
21-6695 John Scott Cramer v. Missouri Missouri 2021-12-21 Denied Response WaivedIFP collateral-consequences counsel-advice criminal-defense due-process ineffective-assistance ineffective-assistance-of-counsel parole parole-eligibility sixth-amendment Whether the Sixth Amendment protects criminal defendants who rely on defective advice from counsel regarding critical, non-deportation collateral cons…
21-6567 Dion Brown v. Illinois Illinois 2021-12-09 Denied IFP criminal-defense fourteenth-amendment home-invasion ineffective-assistance ineffective-assistance-of-counsel prior-inconsistent-statement reasonable-doubt reasonable-investigation sixth-amendment Whether the Petitioner's trial attorney was ineffective for failing to conduct a reasonable investigation into a potential defense witness, which led …
21-6265 Jonathan Barrett v. United States Sixth Circuit 2021-11-15 Denied Response WaivedIFP buyer-seller buyer-seller-instruction circuit-conflict conspiracy constitutional-rights criminal-defense criminal-law drug drug-conspiracy due-process jury-instructions Is a defendant's constitutional right to present an effective legally acceptable defense violated when the district court wrongfully declines to give …
21-6178 Henry Baird v. United States Third Circuit 2021-11-08 Denied Response WaivedIFP circuit-split criminal-defense criminal-law drug-cases entrapment federal-drug-cases federal-sentencing judicial-doctrine manipulation sentencing sentencing-entrapment WHETHER THE COURT SHOULD RESOLVE THE CIRCUIT SPLIT ON RECOGNIZING SENTENCING ENTRAPMENT AND SENTENCING MANIPULATION DOCTRINES AS VIABLE DEFENSES AT SE…
21-653 Harold Lee Harvey, Jr. v. Florida Florida 2021-11-03 Denied Relisted (2) autonomy-right counsel-override criminal-defense criminal-procedure defendant-autonomy due-process first-degree-murder ineffective-assistance-of-counsel mccoy-v-louisiana sixth-amendment Is the Sixth Amendment autonomy right established in McCoy violated where counsel overrode an express agreement with the defendant to not concede guil…
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…
21-619 Hugo Reyes-Morales v. Maryland Maryland 2021-10-27 Denied Response Waived criminal-defense criminal-procedure due-process immigration-consequences ineffective-assistance padilla-v-kentucky plea-bargaining sixth-amendment strickland-standard strickland-v-washington If "the deportation consequences of a particular plea are unclear or uncertain…a criminal defense attorney need do no more than advise a noncitizen cl…
21-5727 Frank Cisneros v. United States Sixth Circuit 2021-09-20 Denied Response WaivedIFP conspiracy criminal-defense criminal-procedure federal-law ineffective-assistance plea-bargaining sentencing-enhancement statute-of-limitations withdrawal (1) Whether an attorney's admitted failure to investigate or present a defendant's affirmative withdrawal from a conspiracy beyond the applicable st…
21-5419 Dilang Dat v. United States Eighth Circuit 2021-08-20 Denied Response WaivedIFP criminal-defense criminal-plea deportation deportation-consequences due-process-advice immigration-consequences ineffective-assistance ineffective-assistance-of-counsel padilla-standard padilla-v-united-states strickland-test Does trial counsel advising a criminal defendant that he "could" be deported for entering a guilty plea breach trial counsel's duty to give "clear and…
21-5363 Christopher Cope v. Darrel Vannoy, Warden Fifth Circuit 2021-08-13 Denied Response WaivedIFP client-autonomy constitutional-right criminal-defense criminal-procedure due-process ineffective-assistance-of-counsel right-to-counsel sixth-amendment trial-strategy 1. Whether petitioner was denied his constitutional right to have effective assistance of counsel when trial counsel admitted petitioner's guilt at tr…
21-166 Leonel Cervantes-Meraz v. Oregon Oregon 2021-08-05 Denied Response Waived criminal-defense criminal-plea fourteenth-amendment immigration immigration-consequences ineffective-assistance padilla padilla-precedent sixth-amendment (I) Did the State of Oregon violate the Petitioner's right to effective assistance of counsel guaranteed him by the Sixth and Fourteenth Amendment of …
21-5152 Lewis R. Fox v. Ohio Ohio 2021-07-21 Denied Response WaivedIFP constitutional-law constitutional-question criminal-defense criminal-procedure expert-witness expert-witnesses ineffective-assistance ineffective-assistance-of-counsel post-conviction post-conviction-relief res-judicata 1) Whether a trial counsel is to be considered incompetent when s/he fails to consult with their client (the criminal defendant) about their financial…
21-5041 Kosoul Chanthakoummane v. Texas Texas 2021-07-08 Denied IFP constitutional-rights criminal-defense criminal-procedure due-process eighth-amendment fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel sixth-amendment trial-procedure Whether Mr. Chanthakoummane is entitled to a new trial because trial counsel ignored his unequivocal direction to challenge his guilt during the culpa…
20-1742 Akil Jahi, aka Preston Carter v. Tennessee Tennessee 2021-06-15 Denied capital-punishment capital-trial counsel-limitations criminal-defense defendant-autonomy ineffective-assistance-of-counsel mccoy-v-louisiana penalty-phase sixth-amendment trial-procedure 1. Does the Sixth Amendment holding of McCoy v. Louisiana, 138 S. Ct. 1500 (2018) apply to a penalty phase capital trial to protect a defendant's auto…
20-8306 Donnie Joe Phillips v. United States Ninth Circuit 2021-06-15 Denied IFP circuit-split criminal-defense criminal-law criminal-procedure due-process entrapment government-inducement law-enforcement unwitting-agent Whether the "government inducement" element of the entrapment defense can be met through the actions of an unwitting government agent.
20-8221 Terrence Lavaron Thomas v. Michigan Michigan 2021-06-03 Denied IFP constitutional-rights criminal-defense due-process ineffective-assistance plea-withdrawal right-to-counsel right-to-speedy-trial sentencing sentencing-error speedy-trial Was Defense counsel ineffective in failing to contest the sufficiency of evidence against Mr. Thomas, as he was charged with assault with a dangerous …
20-8207 Bernier Gerard Jackson v. Florida Florida 2021-06-02 Denied IFP best-interest constitutional-rights criminal-defense criminal-procedure effective-assistance-of-counsel plea-bargaining plea-offer professional-responsibility right-to-counsel sixth-amendment Whether the Sixth Amendment right to the effective assistance of counsel requires counsel to advise his client to accept a plea offer which is clearly…
20-8051 Lucas Kenneth Sabatino v. United States Fourth Circuit 2021-05-18 Denied Response WaivedIFP criminal-defense criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mental-capacity prejudicial-error sixth-amendment trial-strategy Whether defense counsel committed prejudicial ineffective assistance of counsel by failing to raise issues relating to defendant's mental capacity at …
20-8038 Shawn Grate v. Ohio Ohio 2021-05-14 Denied Relisted (2)IFP capital-punishment criminal-defendant criminal-defense death-penalty due-process effective-assistance-of-counsel ineffective-assistance-of-counsel insanity-defense mental-health mitigation 1. If a criminal defendant, charged with a death penalty-qualified offense, admit to murdering multiple women, and the only possible defense is a verd…
20-1481 Adrian Parbhudial v. Jamie LaManna, Superintendent, Green Haven Correctional Facility Second Circuit 2021-04-22 Denied Response Waived criminal-defense due-process habeas-corpus home-invasion ineffective-assistance ineffective-assistance-of-counsel mistake police-officers Strickland strickland-standard witness-testimony witnesses 1. Was it an unreasonable application of Strickland v. Washington, 466 U.S. 668 (1984) and its progeny for the state courts, and the habeas courts bel…
20-7357 Raymond Eugene Johnson v. Oklahoma Oklahoma 2021-03-09 Denied IFP collateral-review criminal-defense criminal-procedure defendant-autonomy retroactivity right-of-autonomy sixth-amendment teague-rule teague-v-lane In McCoy v. Louisiana , 138 S. Ct. 1500 (2018), this Court held the Sixth Amendment grants a right of autonomy that precludes criminal defendants' law…
20-7230 Stanley Joseph Thompson v. United States Eleventh Circuit 2021-02-25 Denied Response WaivedIFP constitutional-provisions counsel-concession criminal-defense criminal-defense-counsel due-process ineffective-assistance ineffective-assistance-of-counsel mccoy-v-louisiana prejudice sixth-amendment trial-strategy 1. Whether the Sixth Amendment permits criminal defense counsel to unilaterally concede his client's guilt before the jury at trial—over the defendant…
20-1134 John Myers v. Ron Neal, Superintendent, Indiana State Prison Seventh Circuit 2021-02-19 Denied Response Waived appellate-review circuit-split criminal-conviction criminal-defense ineffective-assistance-of-counsel prejudice prejudice-analysis standard-of-review strickland-standard strickland-v-washington Whether the Seventh Circuit erred by holding, in conflict with at least four other courts of appeals, that to establish prejudice under Strickland v. …
20-7178 Nolan C. Turner, III v. Louisiana Louisiana 2021-02-19 Denied Response WaivedIFP constitutional-rights criminal-defense criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel post-conviction-relief retroactivity right-to-counsel second-degree-murder trial-counsel Over Turner's objection, trial counsel told the jury the offense committed in this case was a general intent second degree murder and not the charged …
20-7111 Carlos Lopez-Vanegas v. Pennsylvania Pennsylvania 2021-02-11 Denied IFP appeals civil-rights constitutional-rights criminal-defense criminal-procedure due-process evidence-presentation judicial-interpretation jurisdiction jury-trial state-court Should be purved n apped process totlly regerded to Direct Appea be properly-conpetent exected Whers the mess rea and actus rea have wotbees presested…
20-7055 Bernard F. Verrett v. Darrel Vannoy, Warden Fifth Circuit 2021-02-05 Denied Response WaivedIFP criminal-defense defense-expert due-process expert-witness fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel intent intent-element sixth-amendment strickland-standard QUESTION 1: Whether Strickland requires counsel to procure an adequate defense expert to negate or mitigate the intent element of the crime when that …
20-6806 Troy Merck, Jr. v. Florida Florida 2021-01-08 Denied IFP autonomy-defense criminal-defense due-process mccoy-v-louisiana sixth-amendment specific-intent trial-counsel voluntary-intoxication 1.Whether a defendant's "[a]utonomy to decide that the objective of the defense is to assert innocence." McCoy v. Louisiana , 138 S.Ct. 1500, 1508 (20…
20-6588 Kenneth Scott Gordon v. United States Ninth Circuit 2020-12-09 Denied Response WaivedIFP adversarial-testing appellate-procedure certificate-of-appealability criminal-defense effective-assistance-of-counsel fourth-amendment ineffective-assistance-of-counsel meaningful-adversarial-testing prosecutions-case sixth-amendment Should a certificate of appealability issue because reasonabl e jurists would debate whether a criminal defendant was deprived of the effective assist…
20-6330 Benjamin Macias v. United States Ninth Circuit 2020-11-17 Denied Response WaivedIFP criminal-defense criminal-procedure defendant-autonomy due-process mccoy-v-louisiana reckless-endangerment sentencing-guidelines sixth-amendment speedy-trial 1. In McCoy v. Louisiana , 138 S.Ct. 1500, 1511, 200 L.Ed. 821 (2018) the court held that the Sixth Amendment guarantees a criminal defendant the righ…
20-436 Thomas Haugabook v. Walter Bery, Warden Georgia 2020-10-06 Denied Response Waived child-molestation child-testimony criminal-defense expert-testimony forensic-interview habeas habeas-corpus ineffective-assistance strickland-standard strickland-v-washington Did the Habeas Court err in not finding that trial counsel was ineffective under Strickland v. Washington, 466 U.S. 668 (1984) when counsel failed to …
20-5921 Joseph J. Craig v. Kansas Kansas 2020-10-05 Denied IFP constitutional-law criminal-defense criminal-procedure due-process fair-trial jury-instruction kansas-supreme-court voluntary-intoxication Did the Kansas Supreme Court deny the defendants rights to a fair trial under the Due Process Clause when it should have ruled the defendant was entit…
20-5708 Fagbemi Miranda v. Massachusetts Massachusetts 2020-09-15 Denied Response WaivedIFP criminal-defense criminal-procedure defendant-rights fundamental-decision fundamental-decisions legal-representation right-to-counsel self-representation sixth-amendment trial-strategy Does the defendant's Sixth Amendment right to make fundamental decisions about his case include the right to choose which defense to present at trial?
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…
20-5536 Joseph Scott McKinney v. Louisiana Louisiana 2020-08-31 Denied Response WaivedIFP confrontation-clause confrontation-rights criminal-defense due-process evidence evidence-exclusion rape-shield rape-shield-law sixth-amendment The Constitution guarantees a criminal defendant's meaningful opportunity to present a complete defense. As of now, the Court has not directly address…
20-34 Anthony Thomas Grimes v. Kentucky Kentucky 2020-07-16 Denied Response Waived criminal-defense criminal-procedure effective-assistance-of-counsel parole-eligibility plea-bargaining plea-negotiation prejudice-standard sentencing sentencing-information sexual-offender-registration sixth-amendment strickland-v-washington Whether the Kentucky Court of Appeals has diminished and violated the federal constitutional guarantee of effective assistance of counsel in the pretr…
20-5025 Eddie Matthew Amos v. Tommy Bowen Eleventh Circuit 2020-07-13 Denied Response WaivedRelisted (2)IFP convicted-felon criminal-defense criminal-procedure effective-assistance-of-counsel fair-trial felon-in-possession firearm-possession ineffective-assistance-of-counsel jury-instructions self-defense (Ground One): Is a criminal defendant, who is also a previously convicted felon, denied a fair trial and the effective assistance of counsel when de…
19-1472 Phillip Antonio Davis v. Scott Crow, Director, Oklahoma Department of Corrections Tenth Circuit 2020-07-08 Denied character-evidence conspiracy conspiracy-theory criminal-defense criminal-procedure-evidence-admissibility due-process evidence-exclusion excessive-force jackson-v-virginia judicial-review relevance right-to-present-defense standard-of-review trial-procedure 1. Whether the exclusion of evidence deemed necessary by Petitioner to present a complete defense and to combat the State's theory of guilt could be r…
19-8584 Christopher Raynard Kidd v. United States Fifth Circuit 2020-06-02 Denied Response WaivedIFP criminal-defense due-process evidence-review ineffective-assistance ineffective-assistance-of-counsel legal-representation legal-standards prejudice sixth-amendment strickland-v-washington trial-counsel Whether trial counsel was ineffective for failing to review all the evidence with Mr. Kidd prior to trial?
19-1311 Douglas Lynn Kirk v. Texas Texas 2020-05-22 Denied Response Waived constitutional-rights criminal-defense due-process evidence-subpoena government-agency ineffective-assistance legal-procedure mitigating-evidence public-records subpoena In Rompilla v. Beard, 545 U.S. 374 (2005), this Court held that a criminal-defense attorney who investigated mitigating evidence but failed to find va…
19-8294 Roscoe Johnson v. Mississippi Mississippi 2020-04-18 Denied Response WaivedIFP abuse-allegations criminal-defense criminal-procedure due-process evidence ineffective-assistance ineffective-assistance-of-counsel jury-instruction jury-instructions motion-in-limine position-of-trust Whether Johnson's Trial Counsel provided Constitutionally ineffective assistance of Trial Counsel when he failed to file a Motion in limine to prevent…
19-8091 Vernon Wayne Officer v. Washington Washington 2020-03-24 Denied Response WaivedIFP abuse-of-discretion constitutional-rights criminal-defense due-process fair-trial ineffective-counsel judicial-discretion pro-se-defendant right-to-counsel sixth-amendment trial-procedure D IS iT NOT TRUE ON OCT 12 2O1A, I WAS DENIED RE-ADONTMENT OF COUNSEL, DURING JURY TRIAL, NOT BECAUSE OF DELAY IN TRIAL? BOT BECAUSE I SIQNED RE-APPOI…
19-7825 Gustavo Gonzalez v. United States Fifth Circuit 2020-02-28 Denied Response RequestedResponse WaivedRelisted (2)IFP criminal-defense elements-of-offense ineffective-assistance ineffective-assistance-of-counsel lafler-test lafler-v-cooper legally-nonexistent-defense plea-bargaining prejudice-analysis strickland-standard strickland-v-washington I. How should a court apply the "reasonable probability" test for prejudice under Strickland v. Washington, 466 U.S. 668 (1984), and Lafler v. Cooper,…
19-7737 Charles Wolfe v. United States Eighth Circuit 2020-02-21 Denied Response WaivedIFP advice-of-counsel compliance-officer controlled-substance-analogue controlled-substance-analogue-act controlled-substance-analogue-enforcement-act criminal-defense fair-notice federal-evidence federal-rules-of-evidence federal-rules-of-evidence-403 industry-expert mens-rea statutory-interpretation vagueness When the "advice of counsel" is an industry expert on the CSA and the Analogue Act, and was the petitioner's compliance officer, how can that defense …
19-7375 Joaquin Mario Valencia-Trujillo v. United States Eleventh Circuit 2020-01-22 Denied Response WaivedIFP circuit-split criminal-procedure ineffective-assistance-of-counsel sixth-amendment strickland-v-washington circuit-split constitutional-law contemporary-assessment criminal-defense ineffective-assistance ineffective-assistance-of-counsel legal-foreseeability sixth-amendment strickland-standard strickland-v-washington 1. Whether, Despite Strickland's Contemporary Assessment Rule, Strickland's Test For Determining Whether A Criminal Defendant's Counsel Was Ineffectiv…
19-7216 Daniel A. Ramet v. Robert LeGrande, Warden, et al. Ninth Circuit 2020-01-08 Denied Response WaivedIFP criminal-defense criminal-procedure habeas-corpus ineffective-assistance ineffective-assistance-of-counsel lafler-v-cooper legal-malpractice plea-bargaining sixth-amendment strickland-v-washington If a defense attorney advises a client to reject a favorable plea offer based on a grave miscalculation about the viability of a legal defense, has th…
19-7054 Philip Rogers v. Debbie Asuncion, Warden Ninth Circuit 2019-12-23 Denied Response WaivedIFP constitutional-rights criminal-defense criminal-procedure drug-use evidence foreseeability ineffective-assistance reasonable-doubt trial-strategy vehicular-homicide Philip Rogers was driving after several drinks. Ahead of him a woman was jaywalking, possibly obscured by two bicyclists also crossing. When he saw th…
19-7040 Dalia A. Dippolito v. Florida Florida 2019-12-20 Denied Response WaivedIFP criminal-defense criminal-law criminal-liability criminal-procedure due-process entrapment factual-disputes jury-trial objective-entrapment state-law trial-by-jury trial-court-proceedings Where state law recognizes objective entrapment as a complete defense to criminal liability, and that defense turns on disputed issues of fact, does r…
19-6731 Travell Henry v. Patrick Warren, Warden Sixth Circuit 2019-11-22 Denied Response WaivedIFP constitutional-rights criminal-defense criminal-procedure due-process evidence ineffective-assistance ineffective-assistance-of-counsel investigation right-to-counsel self-incrimination sixth-amendment trial-strategy witness witness-testimony I. WAS MR. HENRY 'S TRIAL COUNSEL, PATRICK NYENHUS, FAILED TO PROVIDE CONSTITUTIONALLY EFFECTIVE ASSISTANCE OF COUNSEL? A). Counsel was ineffective w…
19-6152 Marian Papacsi Owens v. Sue Mickens, Warden, et al. Eleventh Circuit 2019-10-03 Denied Response WaivedIFP certificate-of-appealability criminal-defense criminal-procedure effective-assistance-of-counsel habeas-corpus ineffective-assistance-of-counsel judicial-discretion mental-illness right-to-counsel right-to-testify trial-counsel trial-judge trial-procedure 1. Did the Court of Appeals err below in denying Ms. Owens a COA as to whether Ms. Owens received effective assistance of counsel when the trial judge…
19-5914 Lena Lasher v. Roger Stavis, et al. Second Circuit 2019-09-12 Denied Relisted (2)IFP actual-innocence best-evidence-rule civil-procedure civil-rights criminal-defense due-process in-forma-pauperis ineffective-assistance-of-counsel ineffective-counsel legal-malpractice 1. Should a civil action be granted to proceed to correct the District Court's error where they misrepresented a precedent, Hoffenberg v. Meyers, and …
19-5821 Robert Earl Robinson v. Arizona, et al. Arizona 2019-09-05 Denied IFP appellate-jurisdiction appellate-review brady-v-maryland civil-rights constitutional-law constitutional-rights criminal-defense criminal-procedure cross-examination discovery due-process exculpatory-evidence prosecutorial-misconduct sixth-amendment standing statutory-interpretation Should the verdict be reversed because the plea was not entered into knowingly intelligently and voluntarily? Did the prosecution violate Brady requi…
19-5603 Jonathan Javier Aleman v. United States Eleventh Circuit 2019-08-15 Denied Response WaivedIFP appeal-waiver certificate-of-appealability collateral-review constitutional-counsel criminal-case-defendant-rights criminal-defense evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel plea-agreement right-to-appeal sentencing sentencing-challenge subject-matter-jurisdiction 1. This Court provides that a defense attorney must consult with case defendant concerning the defendant's right to appeal and the of waiving that rig…
19-183 Mark Douglas Robison v. Texas Texas 2019-08-09 Denied Response Waived criminal-defense due-process ineffective-assistance ineffective-assistance-of-counsel prejudice prejudice-analysis sixth-amendment strickland-standard strickland-v-washington trial-fairness trial-outcome In considering whether a criminal-defense attorney's deficient performance was prejudicial under Strickland v. Washington, 466 U.S. 668 (1984), is all…
19-5466 James Michael Farrell v. United States Fourth Circuit 2019-08-06 Denied Response WaivedIFP burden-of-proof criminal-defense criminal-defense-lawyer criminal-prosecution drug-distribution-organization due-process money-laundering willful-blindness In the context of a criminal prosecution of a criminal defense lawyer who was charged with functioning as the "consiglieri" of a drug distribution org…
19-5136 Sha-Ron Haines v. United States Ninth Circuit 2019-07-10 Denied Response WaivedIFP confrontation-clause constitutional-rights criminal-defense criminal-procedure criminal-procedure-rights cross-examination due-process evidence evidence-rule-412 rape-shield rape-shield-law right-to-privacy victim-privacy Can the Government invoke Federal Rule of Evidence 412, the rape shield, over the objection of the victim, when doing so infringes upon a defendant's …
18-9239 Dale Shoop v. Ralph Terry, Acting Warden Fourth Circuit 2019-05-13 Denied Relisted (2)IFP constitutional-rights criminal-defense criminal-procedure effective-assistance-of-counsel preliminary-hearing right-to-testify sixth-amendment victim-testimony witness-impeachment witness-presence witness-testimony 1. Was the Petitioner's Constitutional Sixth Amendment Right to Effective Assistance of Counsel violated when Counsel; (1) Failed to Admit the Victim'…
18-9146 Kenan Ivery v. Ohio Ohio 2019-05-06 Denied IFP criminal-defense criminal-procedure due-process equal-protection heat-of-passion homicide state-judiciary sudden-provocation IS A PETTIONER DENIED DUE PROCESS AND EQUAL PROTECTION OF THE LAW WHEN A STATE JUDICIARY REFUSES-AGAINST COMMON SENSE, REASON, LEGISLATIVE INTENT AND …
18-1273 Alma Caldavado v. New York New York 2019-04-05 Denied Response Waived constitutional-rights criminal-defense expert-testimony harrington-v-richter ineffective-assistance-of-counsel medical-evidence presumption-of-ineffective-assistance shaken-baby-syndrome strickland-standard strickland-v-washington 1. In an SBS prosecution, where defense counsel neither calls, nor consults with, an SBS expert to counter the prosecution's expert testimony on the "…
18-8405 Mohammed Suleiman Roble v. United States District of Columbia 2019-03-15 Denied Response WaivedIFP confrontation-clause criminal-defense criminal-defense-attorney-ineffectiveness due-process exculpatory-evidence government-evidence ineffective-assistance pre-trial-proceedings reasonableness sixth-amendment strickland-v-washington DOES STRICKLAND v. WASHINGTON, 466 US 668, 80 L Ed Qd 674, 104 S Ct 2052 REQUIRE THE GOVERNMENT'S EVIDENCE TO BE WEAK TO FIND A CRIMINAL DEFENSE ATTOR…
18-8058 Joel Elias Sanchez v. Jeffrey A. Beard, Secretary, California Department of Corrections and Rehabilitation Ninth Circuit 2019-02-21 Denied Response WaivedIFP 9th-circuit aedpa constitutional-rights crane-v-kentucky criminal-defense criminal-procedure due-process evidence-exclusion evidentiary-exclusion ninth-circuit-review right-to-present-defense self-defense The constitution guarantees criminal defendants "a meaningful opportunity to present a complete defense." Crane v. Kentucky, 476 U.S. 683, 690 (1986).…
18-8070 Billie Wayne Coble v. Texas Texas 2019-02-21 Denied IFP counsel-objection criminal-defense criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mccoy-precedent objection right-to-counsel sixth-amendment trial-strategy In the wake of this Court's decision in McCoy v. Louisiana, 138 S. Ct. 1500 (2018), two questions have emerged in the courts called on to apply that c…
18-1066 Tracy Chang and Howard Hsu v. United States Ninth Circuit 2019-02-14 Denied Response Waived criminal-defense criminal-procedure fourth-amendment good-faith good-faith-defense good-faith-reliance jury-instructions search-warrant standing tax-fraud 1. Defendants requested instructions on their theory of defense, that they relied in good faith upon the professional advice of their CPAs when prepar…
18-7466 Glenn Bennett, Jr. v. Julie L. Jones, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2019-01-16 Denied Response WaivedIFP burden-of-proof constitutional-rights criminal-defense criminal-procedure due-process fifth-amendment fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel jury-instruction jury-instructions sixth-amendment This petition presents the questions of whether reasonable jurists can debate the following issues: 1. Whether the erroneous jury instruction given i…
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 Petitioner's private practice defense counsel', whose practice was struggling financially, created a personal conflict of interest before the start of…
18-7344 Tony Dickinson v. United States Seventh Circuit 2019-01-09 Denied Response WaivedIFP 6th-amendment criminal-defense entrapment fourteenth-amendment government-misconduct ineffective-assistance-of-counsel pre-indictment-delay sixth-amendment structural-error I. Whether this Court Should Resolve the longstanding Conflict among Federal Courts over whether the Fifth Amendment Delay caused by the government as…
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 JAMEEL SIMPSON WAS DENIED HIS RIGHTS UNDER THE SIXTH AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES OF AMERICA TO EFFECTIVE ASSISTANCE …
18-6832 Keddron Rakee West v. Georgia Georgia 2018-11-27 Denied Response WaivedIFP constitutional-law criminal-defense criminal-procedure due-process indictment mens-rea mistake-of-fact statutory-interpretation statutory-rape Is due process violated by not allowing Petitioner to rely upon the statutory enacted mistake of fact defense as his sole defense to an indictment for…
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 when his lawyer is paid by a third part…
18-6651 Antonio Cobb v. Florida Florida 2018-11-13 Denied IFP criminal-defense criminal-procedure due-process evidence evidence-admission fourteenth-amendment fundamental-fairness right-to-fair-trial statement-against-interest trial-procedure WHETHER FLORIDA ERRONEOUSLY DECIDED THAT THE TRIAL JUDGE DID NOT DENY PETITIONER A TRIAL IN ACCORD WITH FUNDAMENTAL STANDARDS OF DUE PROCESS, GUARANTE…
18-5983 Louis Charlton v. United States Sixth Circuit 2018-09-18 Denied Response WaivedIFP criminal-defense criminal-procedure due-process fair-opportunity fair-trial impartial-jury present-defense sixth-amendment trial-by-jury trial-rights Was Petitioner denied the Sixth Amendment guarantee of a trial by an impartial jury when he was not allowed a fair opportunity to present his defense …
18-5912 Robert Kimmell v. United States Ninth Circuit 2018-09-10 Denied Response WaivedIFP criminal-defense criminal-procedure criminal-procedure-disclosure drug-offense due-process fair-trial informant informant-disclosure jury-instructions lesser-included-offense relevance verdict-form witness-disclosure Did Kimmell establish that disclosure of the informant was relevant and helpful to his defense, or essential to a fair determination of his cause? Di…
18-5616 Robert Earl Clayborne, Jr. v. Nebraska Eighth Circuit 2018-08-16 Denied Response WaivedIFP 6th-amendment civil-rights competency competency-hearing criminal-defense criminal-procedure due-process effective-assistance-of-counsel mental-disability mental-health prosecutorial-misconduct right-to-counsel sixth-amendment Why Petitioner entitled to a Certificate of Appealability on the issue of Ineffective Assistance of Counsel based on Incompetence? Was the Petitioner…
18-5301 Cahlan Clay v. United States Eighth Circuit 2018-07-20 Denied Response WaivedIFP compulsory-process confrontation-clause criminal-defense criminal-procedure cross-examination defendant-rights defense-strategy due-process evidence fair-trial judicial-discretion jury-instructions jury-trial trial-procedure witness-examination Whether a court may dictate the manner by which a defendant presents his case to the jury by forcing defense counsel to rely exclusively on the cross-…
18-5184 Ahmad Sayed Hashimi v. United States Fourth Circuit 2018-07-10 GVR IFP appeal criminal-defense criminal-procedure due-process harmless-error ineffective-assistance-of-counsel right-to-counsel right-to-maintain-innocence sixth-amendment supreme-court-precedent trial-strategy Whether the case of United States v. Ahmad Hashimi, (No. 16-4846 - Fourth Cir.) should be remanded for review and decision by the Fourth Circuit Court…
18-5068 Taliyah Taylor v. Amy Lamanna, Acting Superintendent, Bedford Hills Correctional Facility Second Circuit 2018-07-02 Denied IFP 28-usc-2254 compulsory-process criminal-defense criminal-procedure-ineffective-assistance-of-couns depraved-indifference due-process habeas-corpus ineffective-assistance ineffective-assistance-counsel mental-disease-defect mental-disease-or-defect mental-health post-conviction-relief strickland-standard strickland-v-washington wiggins-v-smith Does defense counsel in a second degree depraved indifference murder case violate the requirements of Strickland v. Washington by failing to investiga…